Fiscal Year 2023-2024 Grant Agreement between CMB & Debris Free Global, Inc Zaz-o •
MAR 6 - 2024
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2023-2024 GRANT AGREEMENT
This GRANT AGREEMENT is made and entered into this 20 day of
February , 2024 by and between the City of Miami Beach, Florida (hereinafter the
"City"), and Debris Free Global, Inc., 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: Debris Free Global, Inc. dba Debris Free Oceans
GRANTEE CONTRACT ADMINISTRATOR: Caiti Waks
ADDRESS: 2980 McFarlane Road
CITY, STATE, ZIP: Miami, FL 33133
PHONE, FAX, E-MAIL: caiti@debrisfreeoceans.org
GRANT AMOUNT: $17,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: October 1, 2023 —July 31, 2025
EXPENDITURE DEADLINE: July 31, 2025
PROJECT COMPLETION DATE: July 31, 2025
INITIAL REPORT DEADLINE: September 30, 2024
FINAL REPORT DEADLINE: July 31, 2025
REQUEST DEADLINE: July 31, 2025
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
(u-ic
By:
Rafa E. Granado, City Clerk ina T. Hudak, City anager
MAR 6 - 2024 ..... .
Date
IIIKOIP OWED!
FOR GRANTEE:
46-4581532
Federal ID#
ATTEST:
��
By: �/1M4,1 VI
Authorized Signature
Madeline Kaufman, Program Director Caitlin Waks, Co-Founder
Print Name and Title Print Name and Title
2/20/2024
Date APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
52A0\-141A— _940_
fiity 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
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.
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.
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.
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 any automobile, if the vendor has
no owned automobiles, then coverage for hired and non-owned
automobiles, with a limit no less than $1,000,000 combined per accident for
bodily injury and property damage. Optional based on the scope of work.
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
Juanita Ballesteros
Sustainability and Resilience Manager
City of Miami Beach
Environment and Sustainability Department
1700 Convention Center Drive — 3`d Floor
Miami Beach, FL 33139
Tel: 305-673-7084/ 305-673-7000 ext. 26513
Email: juanitaballesteros at?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.
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.
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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
City staff will share the existing Environment and Sustainability requirements in the Special Events
Requirements and Guidelines, along with the draft of the sustainable event guidelines and
recognition program for the project team to review. These documents can help to inform the
framework for short- and long-term sustainability plans and onsite initiative audits and data
reports.
City of Miami Beach staff are open to receiving feedback from the project team on proposed
updates to the Sustainability requirements in the Special Events Requirements and Guidelines,
the sustainable event guidelines, and recognition program.
LOCATION
Several locations throughout Miami Beach.
GRANT ACTIVITIES
(Include activity name, activity description, description of service recipients, and number of service
recipients)
For every $1,500, ASE will provide large-scale events (2,000+ attendees) with free short and
tong-term sustainability plans and important education on successful implementation, in addition
to third-party audited reporting from DFO. Each event will receive three (3) 1-hour consultations
and three(3)deliverables, detailed below chronologically. The project team will share the timeline
of deliverables for each special event, including date and time for meetings,with the City of Miami
Beach Environment&Sustainability Department. All deliverables and pictures will be shared with
event producers and the Environment&Sustainability Department. The project team shall ensure
City staff are kept updated on project decisions and timelines at a monthly check-in meeting.
Framework Development: The project team will review the sustainable event guidelines and
sustainable event recognition program developed by the City of Miami Beach Environment &
Sustainability Department and will use City's guidelines to inform the framework for the deliverables
of this project. City staff shall be responsible for overseeing the development of and finalizing the
guidelines and recognition program. The project team can provide feedback on these documents
and suggest recommendations for improvement.
Event Identification: The project team will be responsible for identifying ten (10) large-scale
events on Miami Beach. The ten (10) events will be selected and finalized in collaboration with
the City of Miami Beach.
Consultation Meeting 1: Discovery - ASE to explore event details and team capacities in order
to determine what initiatives are most applicable and accessible while identifying sustainability
priorities, objectives and goals. ASE will schedule and run the meetings with event producers.
success, so logistical factors including timeline, budget and team capacity will be considered in
addition to impact.
Consultation Meeting 2: Plan Presentation - ASE to present the short-term sustainability plan
while explaining initiative possibilities and best practices as well as providing resources for
implementation and answering questions.
Consultation Meeting 3: Follow-up and Accountability - ASE to receive a status update from
event organizers as to their progress with enacting initiatives, offering more opportunities for ASE
to answer questions and guide them on overcoming challenges.
Deliverable 2: Onsite Initiative Audit and Impact Data Report - DFO to attend the event and
collect evidence and data on each initiative's implementation. This shall include compliance with
the following Environment&Sustainability requirements in the Special Events Requirements and
Guidelines:
• The use of any expanded polystyrene, glass containers and plastic, bioplastic or
compostable straws and stirs materials are prohibited by City code.
• Applicants shall not vend or offer glass containers, plastic lids, plastic, bioplastic
or compostable straws and beverage stirrers, plastic sandwich containers,
packaged condiments, and/or packaged seasonings.
• Applicants shall not intentionally release or organize the release of any number of
balloons or sky lanterns.
• Storm drains and connections to open bodies of water shall be protected if special
event is discharging any material that may impact the Biscayne Bay.
• Requirements from event Sanitation Plans:
o Recycling and waste bins should be paired
o Bin designs should meet the recommended designs for permanent bins
within the recycling assessment including: specialized lids clear and visible
messaging on all recycling bins. At a minimum, "cans and bottles" should
be listed.
o Trash and recycling bins should always be required in areas where bottled
or canned beverages are served (i.e. bars or similar beverage stands).
o The applicant shall clean up all zip ties and screws at the time of installation
/clipping.
DFO will conduct a third-party audit of the sustainability program and provide an impact report to
establish a baseline for future growth. Every initiative that is confirmed by or before Consultation
3 will be audited onsite during the event and/or collected as a data point post-event. These audits
expands the possibilities by incorporating key learnings from Year 1 and providing a detailed plan
for growth. Applicable notes can be added in order to set up for future success. Deliverables will
be shared with event producers and the City of Miami Beach Environment & Sustainability
Department.
For greatest impact, we will prioritize working with the largest events and with organizers who
have demonstrated capacity for and expressed commitment to utilizing this plan towards building
fully comprehensive sustainability programs in the future. The ten(10)events will be selected and
finalized in collaboration with the City of Miami Beach. The project team is open to working with
any Miami Beach event that meets the size goal (2,000 attendee minimum)for a maximum of 10
events as indicated in the project proposal. However, for greatest potential impact, ideal event
candidates would exceed 10,000 attendees. The project team is also interested in working with
venues that host large events throughout the year, and would consider each venue as a singular
"event", although the intention would be for the venue to implement sustainability programs at all
events moving forward. As such, venue management would be welcome to use their grant
deliverables for future events, however the audit would occur at a singular event. Because these
venues have repeating events, ideal venue candidates can have smaller numbers of attendees
per event, with a 1,000-attendee minimum.
The selected event organizers will have demonstrated intention, ability and/ or agreement to
utilize the short- and long-term plans, acknowledging that executing these plans will require time
and effort from their internal teams and/or budget dedicated to bringing on external partners. For
greatest potential of positive impact, the ideal event candidates will be organizers that are excited
about and dedicated to meeting or exceeding event sustainability goals and being leaders in
Miami Beach's sustainable event movement, understand what it takes(or are willing to learn)and
take proactive steps towards utilizing their event as a platform for positive impact and resilience,
and have (or are willing to invest in)the resources (personnel, partners, supplies, etc.) necessary
to build a comprehensive, scientifically-sound and future-proofed sustainability program.
GOALS/OUTCOMES
(Include outcomes, measures, and targets)
Each event's sustainability plan and outcomes will be dependent on many factors, including size,
venue, infrastructure, timeline and team capacities in addition to the unique priorities identified
during the Discovery Consultation. DFO will report the number of initiatives implemented and
quantify relevant metrics for each initiative, with the intention that events will expand both the
number of initiatives and their impact in future years. In the past, events have implemented
between 10 and 30 initiatives in year one when hiring ASE for support with program
implementation. However, organizers will be receiving detailed best practices such that they will
be prepared to execute these initiatives without ASE's support. Should the event's organizers
EXHIBIT 2
PROJECT BUDGET
(Can also be attached as separate document)
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 Caiti Waks, Founder, Debris Free Oceans
Organization Debris Free Oceans +Ascendance Sustainable Events
Project Custom Sustainability Plans for 10 Miami Beach Events
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
2
3
4
5
Subtotal
5
Subtotal $2000
Total Budget $17,000
MI AM I B Ei\ 2 1 1 ,. ,. Qntract/Document Routing Form
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Miami Beach Rising Above Grant Agreement—Debris Free Global
esting Department
Debris Free Global,Inc.dba Debris Free Oceans ENV&SUST
igna+urEf'jj,
Amy Knowles ! Eric Carpenter t /G
.One
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 Debris Free Global,Inc.dba Debris Free Oceans 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. Debris Free Oceans will work with Ascendance
Sustainable Events to create ten (10) sustainability plans for large-scale special events in Miami Beach and conduct onsite
initiative audits for these events.Grant 8 of 9.
Original Term Renewal Periods Total Term(Original+Renewals)
1 year
Fundin: In,0 „•tion
Grant Funded: Yes X No State Federal Other:
Require Enhancement
1 $17,000 178-6886-000343-36-402-518-00-00-00- 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: