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Fiscal Year 2023-2024 Grant Agreement between CMB & Miami Beach Fienberg-Fisher K-8 PTA z o20 m311110 101.410,1 BEACH CITY OF MIAMI BEACH FISCAL YEAR 2023-2024 GRANT AGREEMENT MAR 6 -- 2624 This GRANT AGREEMENT is made and entered into this day of , 2024 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Miami Beach Fienberq-Fisher K-8 PTA, 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: Miami Beach Fienberg-Fisher K-8 PTA GRANTEE CONTRACT ADMINISTRATOR: Gareth Pearson ADDRESS: 1420 Washington Avenue CITY, STATE, ZIP: Miami Beach, FL 33139 PHONE, FAX, E-MAIL: gpearson@dadeschools.net GRANT AMOUNT: $4,600 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: C(4t By: Ra el E. Granado, City Clerk Alina T. Hudak, City Manager MAR 6 — a Eq''' 147. t s Date s E 111COAP MIEN MARti,4 — 6 2024 Nu... 6..- FOR GRANTEE: O3— O45158S. Federal ID# ATTEST: By: //C PTP Authorized Signature or?. lbw Q f cSt (Lwe4 GavvAto `S�we�Ov Print me and Title Print Name and Title dig/la Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c c2 -- (/ I f� City Attorney _., - Date ARTICLE II /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. $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 do 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. Email: juanitaballesteros a@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. 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 $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] The project will be supervised by school teachers and staff, who have both educational and practical expertise in environmental science, botany, and project management. Additionally, local conservation groups will be engaged for advice and hands-on assistance. GOALS/OUTCOMES (Include outcomes, measures, and targets) Measurable outcomes will include an increase in the number and diversity of butterflies and other pollinators in the garden, tracked by regular student-led observations. This tracking will count the number of native plants established and their growth over time. Student engagement will be tracked through the participation rate in garden-related activities. Academic performance in science will be monitored pre- and post- project initiation, specifically focusing on students' understanding of local ecology, plant biology, and butterfly life cycle. Furthermore, student awareness and attitude towards environmental conservation will be assessed using pre- and post- project surveys. STAFFING (Include position title and description/responsibilities to grant program) Renee Carrillo, Steam Coach: manage the planning and implementation of grant project. Zenan DeArmas, our EDGE teacher/Liaison: provide support for implementation of grant project. 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: ❑ Initial Report ❑ Final Report Due May 1, 2024 Due September 30, 2024 GOALS/OUTCOMES: i Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: Fluttering Futures:Cultivating Ecosystem Education Through an Interactive Butterfly Garden Category Item Cost per Unit Item Amount Item Total Item Source Cost Summary Materials/Supplies Outdoor Park Bench $127.62 5 $638.10 The Home Depot Materials i$3,123.20 Materials/Supplies Vigoro Brown Bagged Recycled Rubber Mulch $7.47 10 $74.70 The Home Depot Equipment$1,394.31 Materials/Supplies Bagged Premium Red Wood Mulch $3.97 45 $178.65 The Home Depot Total Cost: $4,517.51 Equipment Pliers Set(4-Piece) $26.97 2 $53.94 The Home Depot Equipment Stanley Home Tool Kit(65-Piece) $53.31 2 $106.62 The Home Depot Equipment Professional Tool Set $101.39 2 $202.78 The Home Depot Equipment Ryobi Trimmer $193.00 1 $193.00 The Home Depot Equipment Backpack Blower $429.00 1 $429.00 The Home Depot Equipment Ryobi Pressure Washer $329.00 1 $329.00 The Home Depot Equipment Surface Cleaner for Gas Pressure Washer $79.97 1 $79.97 The Home Depot Materials/Supplies Miracle-Gro Garden Soil $8.97 25 $224.25 The Home Depot Materials/Supplies Bagged River Pebble Landscape Rock $4.84 25 $121.00 The Home Depot Materials/Supplies Heavy Duty Contractor Water Hose $39.98 2 $79.96 The Home Depot Materials/Supplies River Red Square Concrete Step Stone $1.78 60 $106.80 The Home Depot Materials/Supplies Garden Fence $32.11 10 $321.10 The Home Depot Materials/Supplies Gardening Hand Tool Set and Tote $25.97 3 $77.91 The Home Depot Materials/Supplies 3-Piece Garden Tool Set $13.85 4 $55.40 The Home Depot Materials/Supplies Goatskin Leather Gloves with Safety Cuff $7.27 8 $58.16 The Home Depot Materials/Supplies Penta Plant Pink Flowers(4-Plants) $33.39 5 $166.95 The Home Depot Materials/Supplies Firebush(Hamelia patens) $54.72 10 $547.20 The Home Depot Materials/Supplies Common Milkweed(Asclepias syriaca) $7.98 8 $63.84 The Home Depot Materials/Supplies Milkweed(Asclepias tuberosa) $16.73 5 $66.92 The Home Depot Materials/Supplies Blanketflower(Gaillardia pulchella) $20.98 4 $83.92 The Home Depot Materials/Supplies Lanceleaf Coreopsis(Coreopsis lanceolata) $19.52 3 $58.56 The Home Depot Materials/Supplies Porterweed(Stachytarpheta species)Seeds(24+Pack) $5.00 3 $15.00 Amazon Materials/Supplies Beach Sunflower(Helianthus debilis)Seeds(25 pack) $7.29 3 $14.58 Amazon Materials/Supplies Purple Coneflower(Echinacea purpurea)Seeds $8.99 2 $8.99 Amazon Materials/Supplies Seaside Goldenrod(Solidago sempervirens)Seeds $6.49 1 $6.49 Amazon Materials/Supplies Simpson's Stopper(Myrcianthes fragrans) $16.00 2 $32.00 Amazon Materials/Supplies Cocoplum(Chrysobalanus icaco) $10.95 7 $65.70 Florida Nursery Mart MIAMIBEACH Miami Beach Rising Above Grant Agreement—Miami Beach Fienberg Fisher K-8 PTA Miami Beach Fienberg Fisher K-8 PTA ENV&SUST Amy Knowles i Eric Carpenter J _ce 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 Miami Beach Fienberg Fisher K-8 PTA 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.Miami Beach Fienberg Fisher K-8 PTA will plant a butterfly garden utilizing native species, to provide students with a hands-on educational opportunity to learn about biology and conservation.Grant 9 of 9. .; � ,,{On.:+ .,Renewals) 1 year Grant Funded: Yes X No State Federal Other: :a Require Enhancement 1 $4,600 178-6886-000343-36-402-518-00-00-00- 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: