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Fiscal Year 2023-2024 Grant Agreement between CMB & Marjory Stoneman Douglas Biscayne Nature Center 20 20 - 3 1 1 16 MIAMI BEACH CITY OF MIAMI BEACH FISCAL YEAR 2023-2024 GRANT AGREEMENT FEB 0 6 2024 This GRANT AGREEMENT is made and entered into this day of , 2023 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Marjory Stoneman Douglas Biscayne Nature Center, a Florida not-for-profit corporation (hereinafter the "Grantee"). This Agreement is effective retroactively to October 1, 2023, the "Effective Date." ARTICLE I / GRANT DESCRIPTION GRANTEE: Marjory Stoneman Douglas Biscayne Nature Center GRANTEE CONTRACT ADMINISTRATOR: Theodora Long ADDRESS: 6767 Crandon Boulevard CITY, STATE, ZIP: Key Biscayne, FL 33149 PHONE, FAX, E-MAIL: Theodoralong@biscaynenaturecenter.org GRANT AMOUNT: $15,000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: October 1, 2023— September 30, 2024 EXPENDITURE DEADLINE: September 30, 2024 PROJECT COMPLETION DATE: September 30, 2024 INITIAL REPORT DEADLINE: May 1, 2024 FINAL REPORT DEADLINE: September 30, 2024 REQUEST DEADLINE: September 30, 2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY City of Miami Beach, Florida ATTEST:css FEB 0 6 2624 By' Rafael E. Granado, City Clerk Aline T. Hudak, City Manager FEB 0 6 2024 808 Date = Ids 's IN[011P OWATE0. �.::;��_ FOR GRANTEE.: ,,...... " 5/ 0251+ q boo Federal ID# ATTEST: By 106.144t- Authorized Signature 1lath KJ(0 i(4 I4 7 44.14L. Print a e and Title t i Print Name and Title 4.76.41-141- 1130174 Date E)(CC/14t4/14 0 APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION ` City Attorney - Date ARTICLE Il /GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Florida. The City has delegated the responsibility of administering this Grant to the City Manager or the City Manager's authorized designee (the "Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit 1. Any modification to Exhibit 1, Project Description, shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2, Project Budget, shall not be effective unless approved, in writing, by the City and Grantee. Notwithstanding the foregoing, no modification to the project budget shall exceed the Grant Amount set forth in Article I of this Agreement. Any request by Grantee to modify Exhibit 2, Project Budget, shall be made in writing, using City approved forms, detailing and justifying the need for such changes. 4. REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. If providing community engagement activities, reports must include dates, locations, information on the activities provided, and the number of participants or individuals engaged. As a condition of disbursements of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit bi-annual reports to the Environment and Sustainability Department. The first report must be submitted by Grantee prior to May 1, 2024. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. All bi-annual reports must be submitted on Exhibit 3, the Grant Status Report Form, detailing Grantee's compliance at the time of a partial reimbursement request. 5. GRANT DISBURSEMENT: 50% of the Grant Funds shall be paid to Grantee upon execution of this Agreement. The next 25% of the Grant Funds shall be paid to Grantee upon completion and submission of the initial report by the Grantee. The final 25% of the Grant Funds shall be paid to Grantee upon completion and submission of the final report by the Grantee; provided Grantee is in compliance with the terms and agreement of this Agreement. Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (with copies of both front of back) and proof of expenditures of Grant monies. Grantee shall provide the City with and shall categorize all receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in the grant budget. Invoices and checks must be directly related to expenses for Grant-funded activities. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to the restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the grant award, and once all parties have executed this Agreement. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable contributions; or events not open to the public. 8. NO GUARANTEE OF FUNDING: The grantee acknowledges that the receipt of this grant does not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of additional documentation or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. 10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds. 11. ACCOUNTING AND FINANCIAL REVIEW: The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back- change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation)and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 13. PUBLICITY AND CREDITS: The Grantee must include the City of Miami Beach logo and/or the Miami Beach Rising Above logo and/or the following credit line in all publications related to this Grant: "This Project is funded in whole or in part by a grant from the City of Miami Beach." During the use of social media, Grantee must credit the City's official accounts and use the hashtag: #mbrisingabove. Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys'fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors as herein provided. The Grantee shall indemnify, defend, and hold harmless the City, including its successors and assigns, and its officers, employees, operators, sub operators, consultants, subconsultants, agents, bond trustees, and instrumentalities (collectively, the "Indemnitees"), from any and all liability, loss, claim, damage or cost, including attorney's and expert fees and cost of defense, which the City or its officers, employees, operators, sub operators, consultants, subconsultants, agents, bond trustees, or instrumentalities, may incur in whole or in part(i)out of any injury, loss, theft, damage or cost to any person or property while on or about the Premises, or out of any condition on the Premises, caused by any breach of any Agreement term, condition, covenant, warranty or representation by Grantee or persons acting under Grantee, or from any act or omission anywhere by Grantee or persons acting under Grantee; or(ii)as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from, the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals, operators, vendors or suppliers,except to the extent caused directly by the gross negligence or willful misconduct of City. The Grantee shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's and expert fees which may issue thereon. This provision shall survive termination of this Agreement. Notwithstanding the foregoing to the contrary, Losses for either party shall exclude any consequential, punitive, special or exemplary damages. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 15. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami- Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or the City Manager's designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Project, any unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. 18. INSURANCE REQUIREMENTS: A. Verification of Coverage Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section, as follows. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. ii. Commercial General Liability on a comprehensive basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury combined single limit of$1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. iv. Professional Liability coverage in the amount of $1,000,000 per claim. B. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. C. Waiver of Subrogation Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH c/o HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shall not relieve the grantee of its liability and obligation under this section or under any other section of this Agreement. 19. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Contract Administrator. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator 21. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 22. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing and signed by both parties. Any change to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to the City Contract Administrators listed below. Juanita Ballesteros Sustainability and Resilience Manager City of Miami Beach Environment and Sustainability Department 1700 Convention Center Drive — 3rd Floor Miami Beach, FL 33139 Tel: 305-673-7084/ 305-673-7000 ext. 26513 Email: juanitaballesteros c(�miamibeachfl.gov ARTICLE III / MISCELLANEOUS PROVISIONS 24. The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 25. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 26. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 27. FLORIDA PUBLIC RECORDS LAW: A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Grantee shall: i. Keep and maintain public records required by the City to perform the service; ii. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Grantee or keep and maintain public records required by the City to perform the service. If the Grantee transfers all public records to the City upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. D. REQUEST FOR RECORDS: NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Grantee of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. ii. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. iii. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. iii. A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. F. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO( MIAMIBEACHFL.GOV PHONE: 305-673-7411 28. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members, if all three of the following apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 million; and, 3) the grant award is for $25,000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED At the Marjory Stoneman Douglas Biscayne Nature Center (MSDBNC), we've seen first-hand how profound immersive experiences with nature foster a true and vital understanding of our place in the world and we want Miami Beach youngsters to have that opportunity. We look forward to welcoming a new generation of Miami Beach eco-leaders. The MSDBNC invites the school children of the City of Miami Beach to experience a SEAsational day exploring unique ecosystems and Miami's native flora and fauna in the Bear Cut Preserve on the north end of Key Biscayne. Miami Beach school children will be treated to a free full-day field trip to the MSDBNC where they will be immersed in nature through coastal hammock discovery walks, seagrass adventures, mangrove slogs, sea turtle discoveries, and scientific squid dissections. Everything from school bus transportation to lunch and all equipment for nature adventures will be provided free of charge. Students will come away with a greater understanding and appreciation for the natural environment as they take the first steps on a journey to becoming Miami Beach's next generation of environmental advocates and defenders. PROGRAM DESCRIPTION In the 2023-2024 school year, the Biscayne Nature Center will host 400 Miami Beach school children for a full-day, hands-on and immersive nature field trip. Schools will be given the option to choose among a variety of programs including our signature Seagrass Adventure, Coastal Ecology Exploration, and Mangrove Slog.The Nature Center will cover all program costs including bus transportation, nutritious lunch served on sustainable materials, and program equipment such as nets, life jackets, nature journals, water shoes, and binoculars. The flexibility of the outdoor classroom creates spaces where young people's brains make new connections and inspires a passion for nature. All Miami Beach Schools will be contacted by Jacqueline Kellogg, our Program Coordinator. Schools will be selected on a first come, first served basis. We will take into consideration Title 1 and schools with underserved children first. These children rarely get this type of opportunity, free of charge, and it is most needed in those schools. These schools will get priority. LOCATION The Marjory Stoneman Douglas Biscayne Nature Center GRANT ACTIVITIES (Include activity name, activity description, description of service recipients, and number of service recipients) Students will arrive at the MSDBNC where they will be introduced to their expert naturalist guide leaders and split into small groups for optimal learning and fun. While each program is different depending on the ecosystem being explored, weather and tide conditions, and the age of the students, some common themes will run through all programming. Each group will have the opportunity to explore the indoor exhibits including colorful aquariums, interactive touch tank, and hands-on exhibits. Students will learn about current environmental hot topics like plastic pollution and climate change. Each group will also participate in an engaging sea turtle talk or an exciting and hands-on squid dissection. Groups opting for the Sea Grass Adventure and Mangrove Slog Programs will experience Miami from a new perspective in the water where they will encounter colorful fishes, tiny crabs, juvenile lobsters, seahorses, and more. Naturalists will help students identify creatures and make connections to the flora and fauna of Miami Beach waters. Students will learn the importance of seagrass and mangrove habitats as they get an up close and in-depth look wading through the water. Groups opting for the Coastal Ecology Program will explore one of Miami's most endangered ecosystems, the coastal hardwood hammock. Naturalist Guides will point out native flora, and challenge students to recognize complex naturals systems, symbiotic relationships, and patterns in nature. Groups will explore trails lined by native trees and bushes and stop along the way to focus binoculars on wading birds and sketch in nature journals. Following morning field adventures, students will return the Nature Center for a healthy and sustainable lunch served under the shade of silver buttonwood trees. Lunchtime will be a chance for groups to relax and to also learn about recycling and composting. After lunch, students will re- join their small groups for exploration of the indoor exhibits and lab activities. GOALS/OUTCOMES (Include outcomes, measures, and targets) We will measure the success of our program by tracking the number of students served as well as by assessing students' understanding and knowledge of Miami's natural ecosystems, flora, fauna, and current environmental topics such as climate change and resilience through pre and post-program assessments. Based on the grant funds provided, our goal is to serve 400 Miami Beach children through our programming. At the beginning of each program, students will be given a brief preassessment to test their knowledge on the environmental topics they will be learning about that day. At the end of the day, a post-assessment will be administered. Results will be tabulated and shared with teachers and the grantor at the end of the program season. We are confident based on our years of historical assessment data that students' understanding and knowledge of South Florida nature will increase following their field trip adventure. It should be noted that we will also be collecting and sharing qualitative data on the children's experiences here at the MSDBNC through photos, artwork, and follow up classroom assignments. We often receive letters, photos, and journals from our school groups illustrating what they learned. STAFFING (Include position title and description/responsibilities to grant program) The Project will be directed by Jacqueline Kellogg, our Program Coordinator. She will be responsible for contacting the Miami Beach Schools and scheduling their free field trips to the MSD Biscayne Nature Center. Schools will select the bus transportation company of their choice and we will issue the payment to the bus companies directly. All of our Naturalist staff will be working on this project to instruct the 400 students attending these programs. Our Executive Director, Theodora Long, will oversee the entire project and will be the main point of contact for the project. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. EXHIBIT 3 CITY OF MIAMI BEACH GRANT STATUS REPORT FORM GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: E Initial Report ❑ Final Report Due May 1, 2024 Due September 30, 2024 GOALS/OUTCOMES: Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Miami Beach Rising Above Grant Budget Form Name Theodora Long organization Marjory Stoneman Douglas Biscayne Nature Center, Inc. Project Miami Beach Youth Seas the Day at the Biscayne Nature Center A. Materials/Supplies Item Cost per Unit Amount 1 2 3 4 5 6 7 8 9 10 Subtotal B. Equipment Item Cost per Unit Amount 1 Water Programs: Nets, Buck $5.40 $1625.00 2 Land Programs: Squid, Jour $5.40 $1625.00 3 4 5 Subtotal $3250.00 C.Travel Item Cost per Unit Amount 1 School Bus Transportation C $375.00 $3750.00 2 3 4 5 Subtotal $3750.00 D. Personnel Item/Person Cost per Unit Amount 1 Naturalist Guides (12 Studer $200/Naturalist/Dav $4,000.00 2 3 4 5 Subtotal $4,000.00 E.Other Item Cost per Unit Amount 1 Sustainable Lunches $10. $4,000.00 2 3 4 5 Subtotal $4,000.00 Total Budget $15,000.00 lv'\ I A M I BEACH Contract/Document R Contract No. , u-.,... • u; Miami Beach Rising Above Grant Agreement—Marjory Stoneman Douglas Biscayne Nature Center Contractor ar`�"`� u' " esting Department Marjory Stoneman Douglas Biscayne Nature Center ENV&SUST Department Diret:tor Name&Signature ACM Name&Signature Amy Knowles_ / Eric Carpenter .4*, a 7 " Type(Sete Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement X Type 5—Grant agreements with the City as the grantor Other: Brief Summary&Purpose(attach memo if additional space is necessary) This is a grant being awarded to the Marjory Stoneman Douglas Biscayne Nature Center as part of the Miami Beach Rising Above Grant Program. The grants are made possible through the Boucher Brothers Miami Beach LLC Public Beachfront Concession Agreement and the Waste Contract Agreement which include value-added enhancements that contain annual contributions to support environmental and marine related organizations and/or programs. Marjory Stoneman Douglas Biscayne Nature Center will host 400 Miami Beach school students for a hands-on and immersive nature field trip where students will learn about South Florida's natural ecosystems and environmental topics.Grant 7 of 9. Original Term Renewal Periods Total Term(Original+Renewals) 1 year Funding InformatioWill Imp Grant Funded: Yes X No State - Federal Other: -. t&Fu I COSt Account re Enhancement_ 1 $15,000 178-6886-000343-36-402-518-00-00-00- Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2020-31116 C7 D 1/15/2020 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Procurement: Grants: Budget: Information Technology: Risk Management: Fleet&Facilities: Human Resources: Other: