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:
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By:
Ra el E. Granado, City Clerk Alina T. Hudak, City Manager
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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: