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Fiscal Year 2023-2024 Grant Agreement between CMB & Save Foundation, INC DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:56BADFF9-4F65-4B95-84BB-85B9B6CBD4CC MIAMIBEACH CITY OF MIAMI BEACH FISCAL YEAR 2023-2024 GRANT AGREEMENT GRANT PROJECT No.: 2024-CMB- This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this 3/12/2024 110:5 AM EDT day of ,2�0 by and between the City of Miami Beach, Florida (hereinafter the"City"), and Save Foundation, INC., a Florida not-for-profit corporation(hereinafter the "Grantee"). This Agreement is effective January 1, 2024, the"Effective Date." ARTICLE I 1 GRANT DESCRIPTION GRANTEE: Save Foundation, Inc. GRANTEE CONTRACT ADMINISTRATOR: Orlando Gonzalez ADDRESS: 1101 Brickell Avenue, South Tower, 8th floor CITY, STATE, ZIP: Miami, FL 33131 PHONE, FAX, E-MAIL: 305.751.7283 GRANT AMOUNT: $25,000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: January 1, 2024—December 31, 2024 EXPENDITURE DEADLINE: December 31, 2024 PROJECT COMPLETION DATE: December 31, 2024 FINAL REPORT DEADLINE: December 31, 2024 FINAL REIMBURSEMENT REQUEST DEADLINE: December 31, 2024 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85a9B6C8D4CC IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: r—ao<saoed ey: By: Pieta t. Grot e o� _ Rafael FEEQGranado, City Clerk ina T. Hudak, City Manager er 3/12/2024 1 10:59 AM EDT Date FOR GRANTEE: (Save Foundation, Inc) Federal Id No. 65-0836881 ATTEST: D.a6y.a b.: d.d+wK- By: CfI' ' tALNIRI. DAL Authorized Signature Bernice Lauredan Field Director Todd Delmay Executive Director Print Name and Title Print Name and Title 3/8/2024 l 12:00 PM EST Date APPROVED AS TO FORM&LANGUAGE & FOR EXECUTION ,1,City Attorney O Da e Page 2 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-8488-8589BBCBD4CC ARTICLE it/GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article 1, 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 (the "Project"). 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 l 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. Any request by Grantee to modify the Project Budget shall be made in writing, using City-approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article 1 of this Agreement. 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.As a condition of disbursement of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled its purpose, the Grantee must submit a final report to the Contract Administrator by the following dates: December 31, 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 the 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 quarterly reports must be submitted on the Grant Quarterly Status Report Form, attached hereto as Exhibit 3, detailing the Grantee's compliance at the time of a partial reimbursement request. 5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any time during the Grant Term. All reimbursement requests must be made after expenditures have Page 3 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit 4. All reimbursement requests must be submitted prior to December 31, 2024. 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, canceled 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 taking place within the 2023-2024 Fiscal Year. 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. Within fifteen (15) days of the execution of this Agreement by both parties, City shall disburse half of the Grant Amount to Grantee. The remainder of the Grant Amount shall be disbursed on a reimbursement basis pursuant to Article II Section 5 of 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: Funded activities by this Grant must take place during the City's fiscal year for which the Grant is approved (April 1-March 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in Page 4 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC 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, auditor 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. Page 5 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC 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 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 logo and 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." 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, defend 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 [imitation, Page 6 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84B13-8589B6CBD4CC 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, defend and hold harmless the City or its officers, employees, agents, and contractors as herein provided. 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 Page 7 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4895-84BB-85B9B6CBD4CC 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 or in equity. 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. Page 8 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B986CBD4CC B. Additional Ensured 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 the 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:VEI, 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. 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. Page 9 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC 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 Consultant or keep and maintain public records required by the City to perform the service. if the Consultant 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 Consultant 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 Consultant 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. Page 10 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-8488-85B9B6CBD4CC 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 20.E-VERIFY: A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E- Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Page 11 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-848B-85B9B6CBD4CC Grantee shall expressly require that any approved sub-contractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. i. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause,and the City shall thereafter have or owe no further obligation or liability to Grantee. ii. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. A contract terminated under the foregoing Subparagraphs(B)(i)or(B)(ii)is not in breach of contract and may not be considered as such. iii. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (B)(i) or (B)(ii) no later than 20 calendar days after the date on which the contract was terminated. iv. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(i), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. v. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. 21. 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. 22.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, as identified in Section 23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. Page 12 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-8589B8CBD4CC 23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to Education and Performance Initiatives Department listed below: Leslie Rosenfeld, Chief Education Officer LeslieRosenfeld(a7miamibeachfl.gov ARTICLE III I MISCELLANEOUS PROVISIONS 24. PUBLIC PURPOSE: 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 Agreement. 25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following Special Conditions: A. Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. 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 (including independent contractors), housing and public accommodations, public services and in connection with its membership or policies 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, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. 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. D. 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. Page 13 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-846B-85B9B6CBD4CC 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. 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. 28. 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. 29. 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 signed by both parties. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 30. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND SCREENING REQUIREMENT)In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to this Agreement, unless the City's Contract Administrator approves an alternative process. Page 14 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED In 2022, the state of Florida enacted the Parental Rights in Education" bill, widely known as the"Don't Say Gay" bill aimed to prohibit school districts from encouraging classroom discussion about sexual orientation or gender identity. Specifically, the Bill bans "classroom instruction by school personnel or third parties on sexual orientation or gender identity"in kindergarten through third grade, and to prohibit such teaching "in a manner that is not age appropriate or developmentally appropriate for students," which could be interpreted to extend to all grade levels. By prohibiting this type of discussion in the classroom, many people believe that the Florida Legislature silenced gay children, their teachers, and education advocates by banning the discussion of sexuality and gender identification topics in Florida schools. Many LGBTQ students suffer teasing, bullying, harassment, violence and internalized oppression that can lead to academic consequences, risky behavior and even suicide. LGBTQ youth face unique challenges and recent studies show that during 2021 alone,42% of LGBTQ youth seriously considered attempting suicide in the past year. The Trevor Project estimates that at least one LGBTQ youth between the ages of 13-24 attempts suicide every 45 seconds in the U.S. Respectful, positive discussions on gender and sexuality helps LGBTQ youth feel safe, seen, valued, and respected, and decreases the educational, mental, and physical harms that they experience. Many people believe that the "Parental Rights in Education" bill sent a message to LGBTQ youth that their sexuality and identity are something that must be hidden, and prohibited, and severely restricted the activity of organizations in schools that provide companionship, emotional shelter and collegiality to teens in need of support. With Florida schools and classrooms weaponized against the LGBTQ community and its youth, it is up to the parents and the surrounding community to encourage and normalize discussions regarding sexual orientation and gender identity. The City of Miami Beach is a diverse and inclusive community and has demonstrated a long history of opposing discrimination based on sexual orientation and gender identity, among other categories. The Mayor and City Commission adopted Resolution 2023-32591 on April 28, 2023, allocating a grant in the total amount of$75,000 to Save Foundation, Inc.,a not-for-profit corporation of the State of Florida,for the development and implementation of a social media campaign for LGBTQ youth impacted by the "Parental Rights in Education" bill; further authorize the City Clerk and City Manager to execute the City's Standard Grant Agreement with respect to the foregoing; and further, in view of the importance of this organization and the public purposes served by this programming, direct the City Administration to prioritize an allocation of a $25,000 grant to Save Foundation, Inc., as part of the City's annual budget process for a second and third year. PROGRAM DESCRIPTION Funds will be used for the continuation of the development and implementation of the Miami Beach Cares campaign, for LGBTQ youth impacted by the "Parental Rights in Education" bill, widely known as the"Don't Say Gay" bill. The following exhibits are key Project parameters: Page 15 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC t EXHIBITION 2: BUDGET Page 16 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC EXHIBIT 3 CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: 0 Jan. 1 —Mar. 31 0 Apr. 1 —Jun. 30 ❑ Jul. 1 -Sept.30 0 Oct. 1 -Dec. 31 Due Ap. 15 Due Jul. 15 Due Oct. 10 Due Jan. 15 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 Page 17 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REQUEST No. Amount of Assistance: Less Previous Total Disbursements: Balance Available:1 Funds Requested This Disbursement: Certification of Payment: I certify that the above expenses were necessary and reasonable for the completion of the Project and in accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third party funding source, including under any other separate agreement between the City and Grantee. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 18 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC Sa�EIFOUNDATI 1101 Brickell Avenue,South Tower,8th Floor,Wad,FL 33131 ON Phone:305-751.7283 1 Ernail:save@save.lgbt l Web:https://foundationsavedgbt 2/16/2024 Dear Mayor and Commissioners of the City of Miami Beach, I am reaching out to provide a summary description of the Miami Beach Cares campaign which launched last fall and continues to be of support to parents and families of LGBTQ+youth. The campaign entitled Miami Beach Cares (www.MiamiBeachCares.lqbt) has been distributed through social media, digital banners, and bus stops with the goal of getting parents and families of LGBTQ+youth to access the website with helpful resources related to sexual orientation and gender identity. The resources that are included on the website address topics of mental health and suicide prevention, faith and religion, homelessness and housing, youth programs available through local organizations, bullying, and family acceptance to name a few. This year we will again survey community leaders of nonprofits to review and further develop the resources that are best suited for Miami Beach residents. And we will continue to promote the site through community engagement activations. With the absence of information in our schools, parents and youth are searching for resources to address their questions and concerns. The website itself continues to receive robust traffic, and is a model of leadership for other cities to follow. We hope to continue offering guidance to families and youth who are in need of support. We believe that this initiative serves our community well and will continue to build on the City of Miami Beach's legacy as a beacon for the LGBTQ+ community. Sincerely,dirzki //�� tJevt. Todd Delmay Executive Director smite; Safeguarding American Values fur Everyone y SAVELGBT f SAVELGBT CD @SAVELGBTV DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC 10% Sa�EmFOUNDATION 1101 Brickell Avenue,South Tower,8th Floor,Miaml,EL 33131 Phone:305-751-7283 l Email:save@save.lght i Web:https://foundationsave.ight PROPOSED GRANT • Timing o Approximately one month of planning and creative development o Five (5)months of ad campaign run time(June-November) SCOPE OF WORK CREATIVE Deliverable: Updates and improvements to the existing site functionality, links and engagement. MEDIA Our media team will plan and develop an integrated campaign including some of the successful components from last year, as well as additional digital outreach and youth ambassadors. Deliverables:we will provide the following: • Overall outreach strategy for the ongoing media exposure, including audience targeting, flight schedule, channel recommendations and suggested spend levels. • Analytics strategy with key performance indicators and benchmarks. ENGAGEMENT Deliverables:we will hold one-to-one meetings with local LGBTQ+organizations, especially those featured on www.miamibeachcares.igbt, to discuss how they add additional lift to our marketing efforts. We will also provide at least two(2)actions with our field team to engage young people and influencers as brand ambassadors to share content that highlights the site and resources to drive additional traffic to the site. PROJECT MANAGEMENT • Calls and meetings • Communication with the City of Miami Beach • Campaign optimization and benchmark tracking • Ongoing reporting • Update and management of the website and web hosting • Manage the online resources published on the website save 1 Safeguarding American Values for Everyone 111 SAVELGBT f SAVELGBT Qo @SAVELGBTV DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSlgn Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC Sd�EIFOUNDATION 1101 Brickell Avenue,South Tower,8th Floor,Miami,FL 33131 Phone:305-751-7283 I Email:save@save.lght I Web:https:Ufoundationsavelgbt BUDGET Domain Name Registration (MiamiBeachCares.LGBT) $86 Website hosting $200 Media/advertising spend $15,714 Project administration and management, ad creative $9,000 development,and media plannirlr TOTAL $25,000 • ESTIMATED TIMELINE Decision by the City of Miami Beach March 2024 Grant paperwork signed April 30 Planning, creative development, reviews and approvals May 1 —May 31 Campaign launch date June 12 Campaign end date November 12 —Mile g Safeguarding American Values for Everyone Y SAVELGBT f SAVELGBT 0 @SAVELGBTV DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6C8D4CC • r RESOLUTION NO":• • 2.023-32591 A RESOLUTION OF THE• MAYOR ` AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, MADE AT ITS MARCH 31, 2023 MEETING, AND ALLOCATING A GRANT IN THE TOTAL AMOUNT OF $75,000 TO SAVE FOUNDATION, INC., A NOT-FOR- PROFIT CORPORATION OF THE STATE OF FLORIDA, FOR DEVELOPMENT AND IMPLEMENTATION OF A SOCIAL MEDIA CAMPAIGN FOR LGBTQ YOUTH IMPACTED BY THE "PARENTAL RIGHTS IN EDUCATION" BILL; FURTHER, AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING; AND FURTHER, IN VIEW OF THE IMPORTANCE OF THIS ORGANIZATION AND THE PUBLIC PURPOSES SERVED BY THIS PROGRAMMING, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE AN ALLOCATION OF A $25,000 GRANT TO SAVE FOUNDATION, INC., AS PART OF THE CITY'S ANNUAL BUDGET PROCESS FOR A SECOND AND THIRD YEAR. WHEREAS, in 2022, the state of Florida enacted the "Parental Rights in Education" bill, aimed to prohibit school districts from encouraging classroom discussion about sexual orientation or gender identity; and WHEREAS, specifically, the Bill bans "classroom instruction by school personnel or third parties on sexual orientation or gender identity" in kindergarten through third grade, and to prohibit such teaching "in a manner that is not age appropriate or developmentally appropriate for students," which could be interpreted to extend to all grade levels; and WHEREAS, by prohibiting this type of discussion in the classroom, many people believe that the Florida Legislature silenced gay children, their teachers, and education advocates by banning the discussion of sexuality and gender identification topics in Florida schools; and WHEREAS, many of LGBTQ students suffer teasing, bullying, harassment, violence and internalized oppression that can lead to academic consequences, risky behavior and even suicide; and WHEREAS, LGBTQ youth face unique challenges and recent studies show that during 2021 alone, 42% of LGBTQ youth seriously considered attempting suicide in the past year; and DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9BSCBD4CC WHEREAS, the Trevor Project estimates that at least one LGBTQ youth between the ages of 13-24 attempts suicide every 45 seconds in the U.S.; and WHEREAS, respectful, positive discussions on gender and sexuality helps LGBTQ youth feel safe, seen, valued, and respected, and decreases the educational, mental, and physical harms that they experience; and WHEREAS, many people believe that the "Parental Rights in Education" bill sent a message to LGBTQ youth that their sexuality and identity are something that must be hidden, and prohibited, and severely restricted the activity of organizations in schools that provide companionship, emotional shelter and collegiality to teens in need of support; and WHEREAS, with Florida schools and classrooms weaponized against the LGBTQ community and its youth, it is up to the parents and the surrounding community to encourage and normalize discussions regarding sexual orientation and gender identity; and WHEREAS, the City of Miami Beach is a diverse and inclusive community and has demonstrated a long history of opposing discrimination based on sexual orientation and gender identity, among other categories; and WHEREAS, the Mayor and City Commission wish to allocate a one-time grant in the total amount of$75,000 to Save Foundation, Inc., a not-for-profit corporation of the State of Florida, and South Florida's leading organization dedicated to protect LGBTQ community against discrimination, to be used for development and implementation of a social media campaign for LGBTQ youth impacted by the "Parental Rights in Education" bill, subject to SAVE submitting a report by November 1, 2023, documenting the objectives achieved with the grant funding and compliance with all other terms of City's standard grant agreement; and WHEREAS, the campaign, entitled "Miami Beach Cares" would be distributed through social media, digital banners, and the City trolley with the goal of getting interested persons to a website with information and resources for parents and youth who are dealing with issues related to sexual orientation and gender identity; and WHEREAS, at the March 31, 2023 Finance and Economic Resiliency Committee meeting, the Committee unanimously supported providing a $75,000 grant in the first year, with two additional $25,000 grants for a second and third year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby allocate a grant in the total amount of$75,000 to Save Foundation, Inc., a not-for-profit corporation of the State of Florida, for development and implementation of a social media campaign for LGBTQ youth impacted by the "Parental DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-8569B6CBD4CC Rights in Education" bill; further authorize the City Clerk and City Manager to execute the City's Standard Grant Agreement with respect to the foregoing; and further, in view of the importance of this organization and the public purposes served by this programming, direct the City Administration to prioritize an allocation of a $25,000 grant to Save Foundation, Inc., as part of the City's annual budget process for a second and third year. PASSED and ADOPTED this ab' day of nPri. , 202 ATTEST: Dan Gelber, Mayor 7)1 -5 /1j ' Rafael E. Granado, City Clerk (sponsored by Commissioner David Richardson) ,,,, ., IH(ORP ORATEO; b�: • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION (Mir- - 3 7:3 City Attorney rA Date DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC Resolutions-R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak,City Manager DATE: April 28,2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE,MADE AT ITS MARCH 31, 2023 MEETING, AND ALLOCATING A GRANT IN THE TOTAL AMOUNT OF $75,000 TO SAVE FOUNDATION, INC., A NOT-FOR-PROFIT CORPORATION OF THE STATE OF FLORIDA, FOR DEVELOPMENT AND IMPLEMENTATION OF A SOCIAL MEDIA CAMPAIGN FOR LGBTQ YOUTH IMPACTED BY THE "PARENTAL RIGHTS IN EDUCATION" BILL, WIDELY KNOWN AS THE "DON'T SAY GAY" BILL; FURTHER, AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING; AND FURTHER, IN VIEW OF THE IMPORTANCE OF THIS ORGANIZATION AND THE PUBLIC PURPOSES SERVED BY THIS PROGRAMMING, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE AN ALLOCATION OF A $25,000 GRANT TO SAVE FOUNDATION, INC., AS PART OF THE CITY'S ANNUAL BUDGET PROCESS FORA SECOND AND THIRD YEAR. RECOMMENDATION Approve the recommendation of the Finance and Economic Resiliency Committee made at its March 31,2023 meeting. BACKGROUND/HISTORY At the February 22, 2023 Commission meeting, item C7H to provide a grant in the amount of $75,000 to the Save Foundation, Inc.,a non-for-profit corporation of the State of Florida,for the development and implementation of a social media campaign for LGBTQ youth impacted by the "parental rights in education" Bill,widely known as the "Don't Say Gay" Bill was referred to the Finance and Economic Resiliency Committee for discussion. At the March 31, 2023, Finance and Economic Resiliency Committee meeting the Resolution was approved unanimously and included two additional years of funding for$25,000 per year. SAVE Foundation is recognized as South Florida's longest serving organization dedicated to protecting people who are lesbian, gay, bisexual, transgender, and queer (LGBTQ) against discrimination. Since 1993, SAVE has advocated for equal rights for persons of all sexual orientations and Page 748 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 [DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC gender identities.SAVE accomplishes this through grassroots action focused on: • Community Outreach — changing hearts and minds by educating the people of South Florida about LGBTQ issues. • Public Education-raising awareness about rights and protections for people of all sexual orientations and gender identities. * Government Affairs-educating thought leaders and policies makers about the rights and protections for people of all sexual orientations and gender identities. SAVE Foundation's mission is to promote, protect and defend equality for people in South Florida who are lesbian,gay,bisexual,transgender,and queer. Through collective efforts, SAVE fought back against an onslaught of anti-LGBTQ policies including the "Don't Say Gay" Bill, censorship by School Boards, and the Florida Medical Board's ban on trans healthcare in 2022: • 74 volunteer phonebank shifts. * Protesting in Miami-Dade,Broward,Orlando,and Tallahassee. • Lobbying key elected officials for their support. • Providing buses for community members to attend rallies throughout the state. • Making sure the community is heard by testifying during public comments. SAVE continues to work to ensure cities in South Florida are welcoming and inclusive for the LGBTQ community through serving on the Miami Beach, City of Miami, and Miami-Dade LGBTQ Advisory Boards,and guide local leaders to improve local policies. Funding Funding for this initiative is not part of the FY2023 budget. There have been a number of priority initiatives identified by the Commission and staff that will have significant funding impacts.As the City develops the FY 2024 budget,the full fiscal impact of the recently approved collective bargaining agreements will also need to be absorbed. ANALYSIS In 2022, the state of Florida enacted the"Parental Rights in Education" bill, widely known as the"Don't Say Gay" bill aimed to prohibit school districts from encouraging classroom discussion about sexual orientation or gender identity. Specifically, the Bill bans "classroom instruction by school personnel or third parties on sexual orientation or gender identity' in kindergarten through third grade, and to prohibit such teaching"in a manner that is not age appropriate or developmentally appropriate for students,"which could be interpreted to extend to all grade levels. The City of Miami Beach is a diverse and inclusive community and has demonstrated a long history of opposing discrimination based on sexual orientation and gender identity, among other categories. The SAVE Foundation has provided a scope of work which includes the planning and development of an ad campaign that will run from August 2023 through November 2023. The scope provided includes deliverables including an overall media strategy for launch and ongoing campaign, audience targeting strategies, and key performance indicators/benchmarks. The budget provided includes funding for website hosting ($200), media/advertising ($53,780) and project management ($21,000). The campaign entitled Miami Beach Cares (www miamibeachcares.Igbt)would be distributed through social media,digital banners, and the city trolley with the goal of getting interested persons to websites with information and resources for parents,and youth who are dealing with issues related to sexual orientation and gender identity.The resources that will be included on the website will address topics of mental health and suicide prevention, faith and religion, homelessness and housing, youth programs available Page 749 of 991 ` I DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC through local organizations, bullying, and family acceptance to name a few. Local leaders will support the development of the resources that are best suited for Miami Beach. SUPPORTING SURVEY DATA 49%of residents are satisfied or very satisfied with schools in Miami Beach FINANCIAL INFORMATION FY 2023: $75,000 FY2024: $25,000 FY2025: $25,000 Since this initiative is not budgeted as part of the FY 2023,the Administration prepared a budget amendment for Commission for approval at the April 28,2023 Commission meeting. CONCLUSION A grant in the amount of $75,000 for the first year and $25,000 for two additional years to Save Foundation, Inc.,a not-for-profit corporation of the State of Florida and South Florida's leading organization dedicated to rotect LGBTQ commun against discrimination, will be used Tor development and implementation of a social media campaign for LGBTQ youth impacted by the"Parental Rights in Education"bill, subject to SAVE submitting a report by November 1, 2023, documenting the objectives achieved with the grant funding and compliance with all other terms of City's standard grant agreement.Additional annual funding of up to $25,000 may be considered during the annual budget process as well for up to two additional years. The social media campaign will strive to encourage positive dialogue about and promote acceptance of LGBTQ identities as well as provide information on resources available to LGBTQ youth and their families. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know" item.pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity-Be known for(K-12)educational excellence. Legislative Tracking Education and Performance Initiatives Sponsor Commissioner David Richardson ATTACHMENTS: Description o Commission Memo o Attachment 1 Page 750 of 991 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-41395-84BB-85B9B6CBD4CC i Attachment 2 o SAVE Scope of Work o Resolution Page 751 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC Resolutions-C7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A.Paz, City Attorney DATE: February 22,2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVE A GRANT IN THE AMOUNT OF $75,000 TO SAVE FOUNDATION, INC., A NOT-FOR-PROFIT CORPORATION OF THE STATE OF FLORIDA, FOR DEVELOPMENT AND IMPLEMENTATION OF A SOCIAL MEDIA CAMPAIGN FOR LGBTQ YOUTH IMPACTED BY THE 'PARENTAL RIGHTS IN EDUCATION" BILL, WIDELY KNOWN AS THE "DON'T SAY GAY" BILL. ANALYSIS Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 22, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The fiscal impact of this measure is$75,000. Is this a"Residents Right Does this item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner David Richardson ATTACHMENTS: Page 397 of 1507 Page 752 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC Office of School Board Members December 13, 2022 Board Meeting of December 14,2022 Ms. Monica Colucci, Board Member SUBJECT: DISTRICT COMPLIANCE WITH FLORIDA LAW LINK TO STRATEGIC PLAN: INFORMED, ENGAGED, & EMPOWERED STAKEHOLDERS In September 2022, Miami-Dade County Public Schools(M-DCPS)responded to a Florida Department of Education's (FDOE)survey by providing a list of policies regarding student services. Subsequently, in a letter from FDOE dated November 18,2022, it was indicated that a document entitled"Miami-Dade County Public Schools—2020-2021 Guidelines for Promoting Safe and Inclusive Schools, Supporting Transgender and Gender Expansive Students"(guidelines)was not in compliance with current Florida law or State Board of Education rule. While reliance to the referenced guidelines was discontinued by the District, the above referenced document was posted on the Academics and Transformation website during the 2020-2021 school year, during the 2021-2022 school year,the document was revised in August of 2021, and posted, and remained posted during the 2022-2023 school year, having recently been removed, as it was not in compliance with current Florida law or State Board of Education rule, which went into effect on July 1, 2022. The posting of the document "Miami-Dade County Public Schools — 2020-2021 Guidelines for Promoting Safe and Inclusive Schools, Supporting Transgender and Gender Expansive Students", underscores the importance for establishing a process, with fidelity, in which manuals, guidelines, documents, or any other written guides, which are not embedded in Board policy, relating to academic programs, student support services,and curriculum, are vetted through a formal process to ensure that they comply with federal guidelines, state statutes, and School Board Policies, while ensuring that the Board is formally apprised of those items. This agenda item seeks the Board's approval to direct the Superintendent to present a report at the February 8, 2023,Academics,Innovation, Evaluation and Technology Committee meeting,citing Board Policies, established policies, practices, and procedures, with respect to the development, review, approval, and posting of manuals, guidelines, documents, and any other written guides, that are not embedded in Board policy, relating to academic programs, student support services, and curriculum This item does not appear on the published agenda.There exists good cause to vary from the published agenda as the matter addressed in the item emerged after the publication of the December 14, 2022, Board Meeting agenda. Good Cause H-11 Page 753 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4895-84BB-85B9B6CBD4CC This item has been reviewed and approved by the Office of the General Counsel as to form and legal sufficiency. ACTION PROPOSED BY MS. MONICA COLUCCI: That The School Board of Miami-Dade County, Florida, direct the Superintendent to: 1. review existing Board policies, current established policies, practices, and procedures, with respect to the development, review, approval, and posting of manuals, guidelines, documents, and any other written guides, which are not embedded in Board policy, relating to academic programs, student support services, and curriculum, and 2. present a report at the February 8, 2023, Academics, Innovation, Evaluation and Technology Committee meeting describing current established policies and procedures, with respect to the development, review, approval, and posting of manuals, guidelines, documents, and any other written guides, which are not embedded in Board policy, and the formal method of which to inform Board members of said items, and 3. if necessary, initiate rulemaking to amend relevant School Board Policies to ensure that the Board is informed of any documents that are developed and published which are not embedded in Board Policy. Page 754 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-8488-8589B6CBD4CC MIAMI-DADE COUNTY PUBLIC SCHOOl S 2020-2021 GUIDELINES FOR PROMOTING SAFE AND INCLUSIVE SCHOOLS • • • Supporting Transgender and Gender Expansive Students School Operations and Division of Student Services Revised:07i2020 Page 755 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC MIAMI-DADE COUNTY PUBLIC SCHOOLS GUIDELINES FOR PROMOTING SAFE AND INCLUSIVE SCHOOLS The School Board of Miami-Dade County has adopted comprehensive anti-discrimination and anti-bullying policies that require all students be treated with respect regardless of their unique characteristics, including sexual orientation or gender identity.' Every student has the right to learn in a safe and accepting school environment and schools have a responsibility to provide a safe and nondiscriminatory environment for all students, including transgender and gender nonconforming students. These guidelines are intended to promote a positive, proactive approach that upholds and protects the rights of transgender and gender nonconforming students; and best practices to ensure that transgender students and gender nonconforming students have equitable access to all aspects of school life(academic, extracurricular and social)in ways that preserve and protect their dignity. This guide includes affirming the right of students to wear clothing, attend classes, choose restroom and locker rooms, and be addressed with names and pronouns that reflect the gender they identify with. This document is intended to support schools in fulfilling our shared obligation to promote the dignity, respect and equity of transgender and gender nonconforming students. DISTRICT POLICIES SUPPORTING LGRTQ YOUTH School Board Policy - 1362, 3362, 5517 -Anti-Discrimination/Harassment-The Board will vigorously enforce its prohibition against discrimination/harassment based on sex, race, color, ethnic or national origin, religion, marital status, disability, genetic information, age, political beliefs, sexual orientation, gender, gender identification, social and family background, linguistic preference, pregnancy, and any other legally prohibited basis. Retaliation against an employee or student for engaging in a protected activity is prohibited. School Board Policy - 5517.01 - Bullying and Harassment- Bullying, Harassment, Cyberbullying, and Discrimination (as referred to and defined herein) encompasses, but is not limited to, unwanted harm towards a student or employee based on or with regard to actual or perceived: sex, race, color, religion, national origin, age, disability (physical, mental, or educational), marital status, socio-economic background, ancestry, ethnicity, gender, gender identity or expression, linguistic preference, political beliefs, sexual orientation, or social/family 'See School Board Policies 5517,Anti-Discrimination/Horassment(Students)and 5517.01,Bullying and Harassment. 2 Page 756 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-846B-85B9B6CBD4CC background. This policy prohibits bullying or harassment of any student by any Board member, District employee, consultant, contractor, agent, visitor, volunteer, student, or other person in the school or outside of the school at school-sponsored events, on school buses, and at training facilities or training programs sponsored by the District. GUIDING PRINCIPLES Even though the needs of transgender students vary tremendously based on a range of factors, a number of guiding principles informed this document. These principles include: • Every student has the right to learn in a safe and accepting school environment. Supporting transgender students gives them the equal opportunity that schools are legally obligated to provide to all students. • All adults must act as protective agents committed to the safety and well-being of the youth they serve, including those who are transgender or gender non-conforming, and should recognize that working as a team is in the best interest of individual students seeking support. • No student should ever be asked, encouraged or required to affirm a gender identity or to express their gender in a manner that is not consistent with their self-identification or expression. • Ongoing learning is a key element of this process. Educators and administrators need to engage in regular professional development and training to build a school climate that avoids gender stereotyping and affirms the gender of all children.? See GLSEN&Harris Interactive(2012).Playgrounds and Prejudice:Elementary Schools Climate in the United States,A Survey of Students and Teachers.New York:GLSEN(providing statistical data quantifying the effect to bullying on students who do not conform to gender stereotypes) 3 Page 757 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-848B-85B9B6CBD4CC SHARED UNDERSTANDING - DEFINITIONS There are often gaps in trust — grounded in past or current experiences between students, families and educational institutions.This document will also incorporate language, resources and suggestions for navigating these trust gaps and supporting the student's safety and well-being. A number of terms are used in this document that may not be commonly known. A short list of definitions is included below to facilitate a shared understanding. It is not an all-inclusive list. Gender: Complex relationship between physical traits and one's internal sense of self as male, female,or neither(gender identity)as well as one's gender expression(outward presentation and behaviors). Sex assigned at birth: A person's biological sex is a combination of bodily characteristics, including chromosomes, hormones, internal and external genitalia, and secondary sex characteristics. At birth, infants are assigned a sex, usually male or female, based solely on the appearance of their external anatomy. Gender expression: How a person expresses their gender through outward presentation and behavior. This includes, for example, a person's name, clothing, hair style, body language and mannerisms. Gender identity:A person's deeply held internal sense or psychological knowledge of their own gender, regardless of the biological sex they were assigned at birth. Gender expansive: refers to people who do not follow other people's ideas or stereotypes about how they should look or act based on the female or male sex they were assigned at birth. LGBTQ:,Acronym for Lesbian-Gay-Bisexual-Transgender-Queer/Questioning Sexual orientation: A person's emotional, romantic, and/or sexual attraction to other people. Sexual orientation is not the same as gender identity.Who you love. School Allies for Equity (SAFE) Network: provides school and district employees with the knowledge necessary to build comprehensive and inclusive programs of support for all students and parents including students who are LGBTQ. (Previously known as the Sexual Minority Network). Transqender: Is a general term used to describe people whose gender identity differs from the sex they were assigned at birth. Transition: The process through which transgender people begin to live as the gender with which they identify, rather than the one typically associated with their sex assigned at birth. Non-Binary: People who do not feel like the word's"girl"or"boy"fits. They may feel like both or neither.They sometimes use pronouns such as they,them theirs. Note: Using the terms"fransgendered"or"transgenders"is offensive and should be avoided. 4 Page 758 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC PUBLIC/PRIVATE TRANSITIONS Whether a student makes a public or private transition, remember that the student is undergoing an incredibly personal experience; few youth want to be the center of attention, particularly for such a personal matter.Only the student can determine their gender identity.Outside confirmation from medical or mental health professionals,or documentation of legal changes, is not required. The school should be prepared for genuinely innocent confusion or uncertainty that may come from members of the school community and set clear boundaries about what to say to the student or their family. Schools must also be able to respond to negative reactions to a student's public gender transition. The larger community can subject these students and their families to ignorant intrusions and even outright hostility. But schools are uniquely positioned to serve as a buffer to protect students and their families. Many negative reactions are a result of a lack of knowledge or familiarity with the idea of transgender people, particularly transgender youth. While a public transition might make others (including you) feel uncomfortable, that discomfort does not outweigh the student's need to be safe and supported. To assist schools in responding to questions,negative reactions or concerns to a student's public gender transition,without speaking about the specific student, school staff may use the following talking points to respond: • "1 know this is new territory for many of us. Sometimes change is challenging- Perhaps I can share some information with you about gender identity and transgender people?" • "I can assure you that the safety, well-being and education of all students are our highest priorities." • "Of course I can't talk about any individual student,just as 1 would never talk about your child." • "Schools have always worked to support the needs of individual students in a variety of ways. Like we have always done, we are committed to supporting all of our students." • "Imagine if this was another type of student need that other people weren't comfortable with, how would you respond?" 5 Page 759 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope la 568ADFF9-4F65-4B95-84BB-8589B6CBD4CC GUIDANCE TO SUPPORT TRANSGENDER AND GENDER EXPANSIVE STUDENTS Due to the increased risks facing transgender and gender expansive students, as well as the unique circumstances that may arise when working with these students and their families, additional guidance and recommendations are being provided to help ensure these students receive the same educational opportunities as their peers. Districts make important decisions regarding policies and practices to promote student safety and support, with equal access to all programs, services,and facilities provided by school districts.All M-DCPS students must be treated equally and fairly, free from discrimination, harassment, and bullying based on their real or perceived sexual orientation, gender identity, and gender expression. This commitment to equal and fair treatment includes transgender and gender expansive students, and applies to all District operations, programs, and activities. These recommendations facilitate district compliance with local, state, and federal laws, while furthering the goals of cultivating and sustaining caring, supportive, respectful, and affirming learning environments that provide for the education, safety, and welfare of all students. This section provides the most common and foundational support for transgender students in schools and provide practical steps to implement them;however,it does not anticipate every situation that might occur. The unique needs and concerns of each student should be addressed on a case- by-case basis with a student-centered approach that includes the ongoing engagement of the student, the parent/guardian, as appropriate, and school personnel with a legitimate educational interest per the Family Education Rights and Privacy Act(FERPA). The overall goal is to ensure the safety, comfort, and healthy development of all students, including transgender and gender expansive students,maximizing inclusion and social integration while minimizing exclusion and stigmatization. Names and Pronouns: School staff should address students by their chosen name and pronouns that correspond to their gender identity, regardless of whether there has been a legal name change. Upon request, the chosen name and gender should be included in the district's information management systems, in addition to the student's legal name. District-generated student email addresses should also reflect the student's chosen name, if first names are identifiable in such addresses. These changes inform all staff, including substitute teachers, of the name and pronoun to use when addressing the student, and help avoid inadvertent disclosures. Student Records:When requested, schools should engage in reasonable and good faith efforts to change current unofficial student records (e.g.. class and team rosters, yearbooks, school newspapers,and newsletters)with the chosen name and appropriate gender markers to promote consistency among teachers, substitute teachers, school administrators, and other school staff.' While Florida law provides a process for people to seek a legal name change, there may be extenuating circumstances that make a legal name change desired, but unattainable. Parents/guardians, or students who are age 18 or older, also have the right to seek amendment C. Foley,US Department of Education,ED Facts Partner Support Center,personal communication with C.Jones in CEPI,July 10,2015. 6 Page 760 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9.4F65-4B95-848B-85B9B6C8D4CC to the school records (per FERPA) if their records are deemed "inaccurate, misleading, or in violation of the student's privacy." Privacy and Confidentiality Regarding Disclosures: Transgender and gender expansive students have the right to decide when, with whom, and to what extent to share private information.When contacting the parent/guardian of a transgender or gender expansive student, school staff should use the student's legal name and the pronoun corresponding to the student's assigned sex at birth, unless the student or parent/guardian has specified otherwise. Restrooms: Students should be allowed to use the restroom in accordance with their gender identity. Alternative and non-stigmatizing options, such as an all-gender or single user restroom (e.g., staff bathroom or nurse's office), should be made available to students who request them, but not presented as the only option.Any student who has a need or desire for increased privacy, regardless of underlying reasons,has the right to access a single-user restroom. 4 Locker Rooms or Changing Facilities: A student should not be required to use a locker room that is incongruent with their gender identity.Locker room usage should be determined on a case- by-case basis, using the guiding principles of safety and honoring the student's gender identity and expression. Some options include: 1)a change in schedule; 2) use of a private area in the facility (e.g., nearby restroom stall with a door, or an area separated by a curtain, a physical education instructor's office in the locker room); and 3) use of a nearby private area (e.g., restroom, nurse's office).Any student who has a need or desire for increased privacy, regardless of the underlying reasons, may request the options listed above. Physical Education Classes and Intramural Sports:Students should be allowed to participate in physical education classes and intramural sports in accordance with their gender identity. Interscholastic Sports: Students should be allowed to participate in interscholastic sports in accordance with their gender identity. Eligibility of transgender students in Florida High School Athletic Association(FLHSAA)-sponsored post-season tournaments is governed by the FLHSAA, subject to state and federal civil rights laws. Dress Code: Students should have the right to express their gender at school, within the parameters of the school's dress code, without discrimination or harassment. The school's dress code should be gender-neutral and not restrict a student's clothing choices on the basis of gender. In the event that the dress code has differing expectations or practices based on gender,students should be permitted to dress in accordance with their gender identity. 4 In the event that the school does not have such a facility, every effort must be made to accommodate the student's needs 7 Page 761 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84B6-85B9B6CBD4CC Gender-Based Activities or Practices:Districts should evaluate all gender-based programs and practices and maintain only those that have a clear and sound educational purpose. Gender- based programs and practices can have the unintentional consequence of marginalizing, stigmatizing, and excluding transgender and gender expansive students. Moreover, in some circumstances, they may violate state and federal laws.When students are separated by gender in school activities, students should be allowed to participate in accordance with their gender identity.When considering overnight accommodations,situations should be assessed on a case- by-case basis, seeking solutions that are inclusive, respectful, and acceptable to the student and do not impose an additional expense or burden on the student. Overnight Field Trips: A transgender student's comfort level with sleeping arrangements will largely dictate the manner in which related issues are addressed. If students are to be separated based on gender, then the transgender student should be allowed to room with peers that match their gender identity. RESEARCH Children typically begin expressing their gender identity between the ages of two and four years of age, around this age, transgender children often express their cross-gender identification to their family members and caregivers through behaviors like dressing in clothing and engaging in activities consistent with their gender identity. Even at that young age, transgender children are often insistent and persistent about their gender, differentiating their behavior from a phase or imaginative play. Research indicates that LGBTQ students, nationally are targeted with physical violence and experience a hostile school environment more frequently than their non-LGBTQ peers. According to a national report,40 percent of transgender and nonbinary students were physically assaulted or threatened, (e.g., punched, kicked, or injured with a weapon)in their lifetime due to their gender expression. 5 Overall, LGBTQ students who are bullied and harassed are more likely to experience depression and anxiety, feel excluded from the school community, and experience lower academic achievement and stunted educational aspirations. Lesbian, gay, bisexual, and transgender (LGBT) students are over-represented in the unaccompanied homeless youth population, creating significant barriers to health, safety, and school success. Nationally, 38% of transgender and nonbinary students have experienced housing instability. More alarming is 28% of youth who experience housing instability reported a suicide attempt in the past year.5 The adverse health and educational consequences for transgender students are even greater than those for LGB students. Not all LGBTQ students are equally affected by these risk factors. LGBTQ students with intersecting, marginalized identities (e.g., black transgender females, LGBTQ students with 4 The Trevor Hotline:National Survey on LGBTQ Youth Mental Health 2020 8 Page 762 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC disabilities) are at greater risk of negative outcomes. Among those who seriously considered suicide, only half of Black LGBTQ youth received psychological or emotional counseling compared to 3 out of 5 LGBTQ youth overall.6 M-DCPS recognizes the role that power, privilege, discrimination, and oppression play in creating disparities that exist between LGBTQ students and their peers, and that only by addressing the underlying structural inequities will the existing disparities in academic achievement and health outcomes be eliminated. M-DCPS is committed to reducing the impact of high-risk factors and providing equitable resources and access to quality educational opportunities to meet the needs of all students. BEST PRACTICES M-DCPS recognizes the need for all students to have a safe and supportive school environment to progress academically and developmentally, and believes school administrators, teachers, staff, families, and students all play an important role in creating and sustaining that environment. Students must be treated equally,fairly, and be protected from discrimination based on their real or perceived sexual orientation,gender identity, and/or gender expression.As such,the M-DCPS encourages schools to: Enforce School Board policies protecting students from harassment, violence, and discrimination based on their real or perceived sexual orientation, gender identity, and/or gender expression (e.g., enumerated nondiscrimination, anti-bullying, and anti- harassment policies). Inclusive school policies and administrative guidelines regarding implementation provide clear guidance for school administrators,teachers,support staff,families, and students to ensure all members of the school community have similar, consistent expectations for what is considered appropriate conduct in school and at school-related activities.' Provide professional development opportunities on issues affecting LGBTQ students to all staff.These opportunities should extend beyond teachers, administrators, and school mental health staff, to include anyone who interacts with students (e.g., coaches, bus drivers, cafeteria workers, custodians, and administrative support staff). M-DCPS conducts introductory and advanced workshops to help educators and other school personnel understand, assess, and improve school safety and climate for all students, including those who are LGBTQ. Districts should encourage and support staff attendance at these and other role-appropriate professional development opportunities.8 5 Trevor Research Brief:BLACK LGBTQ YOUTH MENTAL HEALTH See Miami-Dade County Public Schools Model Anti-Bullying Policy 5517.01 as an example of an enumerated policy that includes sexual orientation,gender identity and gender expression. Retrieved from.http://www.dadeschools.net/schoolboard/rules/Chapt5/5d-1.101.pdf Retrieved from http://studentservices.dadeschools.net/bullying/pdfs/MDCPS bullying-harass policv.pdf The introductory workshop(A Silent Crisis:Creating Safe Schools for Sexual Minority Youth)and advanced workshop(Planning for Action:Next Steps in Creating Safe Schools for Sexual Minority Youth)are available at regional sites throughout the states. 9 Page 763 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84nB-85B9B6CBD4CC Support the formation of extracurricular student-led clubs,such as Gay-Straight Alliances or Gender and Sexuality Alliances (GSAs) in middle and high schools. In accordance with the Equal Access Act and School Board Policy 5730,the GSA should be afforded the same rights and privileges as other student-led extracurricular clubs in all areas, such as appointment and compensation of advisors, publicity for events, and inclusion on school websites. These groups have been shown to improve school climate for all students, regardless of sexual orientation, gender identity, or gender expression, and serve as protective factors for all students, both members and non-members.They can provide different functions,including supporting potentially isolated and at-risk LGBTQ students and their allies,educating the larger school community, and advocating for a more inclusive school climate. Provide appropriate and meaningful family engagement and support. Since parental acceptance and family support are key determinants of LGBTQ student health, student support teams, staff, and community partners should provide resources to help families and students locate information,affirming counseling,and support services.School mental health professionals (school counselors, school social workers, and school psychologists) play an important role in helping students evaluate their academic and family situations, support systems, and resources. School mental health professionals have the necessary training to conduct mental health and substance use assessments, as needed. Schools should provide a welcoming environment for diverse families, including those that are headed by LGBTQ parents/guardians, and are encouraged to educate all families in their community about M-DCPS policies and guidelines. Encourage respect for the human and civil rights of all people, including those who are LGBTQ, across the curriculum. Research shows that inclusion of LGBTQ topics in curricula is correlated with students feeling safer in school, regardless of sexual orientation or gender identity. Schools are encouraged to have relevant and age appropriate content throughout the curriculum, in areas such as social studies, English language arts, creative arts, and health education, including sex education.' Provide developmentally appropriate information about LGBTQ issues in school libraries and in student and faculty resource centers. School libraries should include a selection of high-interest LGBTQ books and media. Computer-filtering software should not inhibit age- appropriate access to medical and social information. Schools are encouraged to review the computer-filtering protocol to ensure that students and other school community members can access information related to LGBTQ youth, local and national resources, and LGBTQ health information. Collect and review data to identify disparities that create bafflers to a safe and successful learning experience for LGBTQ students. LGBTQ students are disproportionately at risk for experiencing bullying, truancy, violence, substance use, unaccompanied homelessness, discipline referrals, and involvement with the juvenile justice system. Districts are encouraged to analyze available attendance, suspension, expulsion, bullying, student risk behavior, and school climate data to promote practices that improve LGBTQ students'attendance and participation in school. As indicated in the Student Services School Profile, schools must designate a SAFE Network Liaison, which is willing to work with students on issues related to sexual orientation, gender identity, and gender expression. The principal will identify a student 9 Note that changes in materials and methods that fall under the umbrella of sex education must go through the Materials Review Committee approval process. 10 Page 764 of 991 DocuSign Envelope ID E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC services staff member to serve in the role of SAFE Liaison and attend quarterly trainings to receive specialized professional development focused on building expertise in program development and delivery of comprehensive services. Program elements include:the provision of individual, group, and family counseling services; community resource information; support groups and social networking opportunities; and providing or coordinating anti-bullying prevention and educational activities. These services are provided with the focus of increasing resiliency, self-esteem, and school/social/familial supports. Students report feeling safer at school when they know where to go for information or support regarding LGBTQ issues, or when they have a trusted school staff person available.This person may assume a leadership role in working with LGBTQ students and their families,educate the school community regarding these topics,serve as the point person for the building,work closely with the district Title IX Coordinator, and be a liaison to M-DCPS. ADDITIONAL BEST PRACTICES: • Provide professional development for faculty and staff with a focus on increasing resiliency and school/social/familial support to transgender students. • Include topics in faculty and staff meetings or trainings on key terms related to gender identity and expression; the development of gender identity; experiences of transgender and gender nonconforming students; ways to support transgender students and how to improve school climate for transgender and gender nonconforming students. • Engage in regular professional development and training to build a school climate that avoids gender stereotyping and affirms the gender of all children. • Provide a safe space for the student to disclose their gender identity to the administration, counselor or unsupportive parents, • Provide counseling services for the whole family,connect them to local resources or other parents of transgender or gender-expansive youth. • Use a Student Gender Support Plan to systematically address various aspects of a transgender or gender expansive student's experiences at school. It is designed to ensure that the school, student and parents (when appropriate) are all on the same page and have shared expectations about how the specific,gender-based needs of the student will be met. it Page 765 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC HELPFUL DOCUMENTS School Allies for Equity(SAFE)Network Gender Support Plan (formerly known as the Sexual Minority Network) 1. Identify student's preferred name and pronoun. Parent/Guardian Involvement- 2. Are guardians of this student aware and supportive of their child's gender transition? Confidentiality,Privacy and Disclosure- 3. How public or private will the information about this student's gender be? If student has asserted a degree of privacy,what are the expectations of the institution if that privacy is compromised?How will a teacher/staff member respond to questions about the • student's gender from,other students,staff members,or parents/community? Student Safety 4. Who will be the student's"go to adult on campus"? 5. If the person is not available who should the student go to? 6. What process will be in place for frequent monitoring of the student and/or their family? 7. What are the expectations in the event the student is feeling unsafe and how will student seek for assistance? Names,Pronouns and Student Records S. Name and pronouns to be used when referring to the student. 9. What adjustments can be made to protect the student's privacy? 10. Who will be the point person to ensure these adjustment are made and communicated as needed? 11. Who will handle instances when the incorrect name and pronouns are used? 12. How will the student's privacy be accounted for and maintained in the following situations or contexts: • During registration • Completing enrollment • With substitute teachers • Standardized tests 12 Page 766 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-841313-85B9B6CBD4CC • School photos • IEP/Other Services • Student Cumulative File • After-school programs • Lunch lines • Taking attendance • Teacher gradebook • Official school-home communication • Unofficial school-home communication • Outside district personnel providers • Summons to the office • Yearbook • Student ID • Distribution of texts/or other school supplies • Assignment of an IT account • PA announcement 13. If the student's guardians are not aware and supportive of the child's gender status,how will school-home communication be handled? 14. What are some other ways the school needs to anticipate information about this student's preferred name and gender marker potentially being comprised?How will these be handled? Use of Facilities 15. Student will use the following restroom(s)on campus. 16. Student will change clothes in the following place. 17. If the student has concerns about facilities,who will be the contact person? 18. What are the expectations regarding use of facilities for any class trip? 19. What are the expectations regarding rooming for any overnight trip? 20. Are there any questions or concerns about the student's access to facilities? Extracurricular Activities 1 21. Does the student participate in an after-school program? 22. What steps will be necessary for supporting the student there? 13 Page 767 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B9B6CBD4CC 23. In what extracurricular program will the student be participating(sports,theatre,clubs,etc.)? 24. What steps will be taken to support the student there? Other Considerations 25. Are there any specific social dynamics with other students,families or staff members that need to be discussed or accounted for? 26. Does the student have any sibling(s)at school? 27. Are there lessons,units,content or other activities coming up this year to consider(growth and development,social justice units,name projects,dance instruction,Pride events,school dances, etc.)? 28. What training will the school engage in to build capacity for working with gender-expansive students? Support Plan Review and Revision 29. How will this plan be monitored over time? 30. What will be the process should the student,family,or school wish to revise any aspect of this plan? 31. What are the specific follow-ups or action items emerging from this meeting and who is responsible for them? These questions will help implement a comprehensive and supportive environment for transgender and gender non-conforming youth. This document should be used as a guide to help staff identify issues that need to be addressed. Should you need to document any part of this plan,please do so on a Student Case Management Student Services Form(FM-3673),this plan is not to be placed in a student's cumulative file,as these files are accessible to other individuals. Information above was extracted from Gender Spectrum's Gender Support Plan 2016. 'Additional Resources can be found by visiting the SAFE Network Website. Questions regarding support should be directed to Gladys Duran,LCSW at durang!tdadeschools-net or(305)995-1778. Revised: 07/2020 14 Page 768 of 991 DocuSign Envelope ID: E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B986C8D4CC % IvIFOUNDIMOH 1101 Bridcell Avenue,South Tower,Bth Floor,Miami,FL 33131 Phone:305451-1283 { Email:save@saveigbt I Web:https://fcundationsavelght 4/16/2023 Dear Esteemed Mayor and Commissioners of the City of Miami Beach, i am reaching out to provide a summary of the campaign to support parents and families of LGBTQ youth. The campaign entitled Miami Beach Cares(www.MiamiBeachCares.lgbt)would be distributed through social media,digital banners, and the city trolley with the goal of getting interested persons to a website with information and resources for parents and youth who are dealing with issues related to sexual orientation and gender identity. The resources that will be included on the website will address topics of mental health and suicide prevention, faith and religion, homelessness and housing, youth programs available through local organizations, bullying, and family acceptance to name a few. We will convene community leaders of nonprofits to develop the resources that are best suited for Miami Beach residents. With the absence of information in our schools, parents and youth are searching for resources to address their questions and concerns. We hope to offer guidance to families and youth who are in need of support.We believe that this initiative will serve our community well and continue to build on the City of Miami Beach's legacy as a beacon for the LGBTQ community. Sincerely, 6464dr Orlando Gonzales Executive Director save_ Safeguarding American Values for Everyone y SAVELGBT f SAVELGBI @SAVELGBIV Page 770 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 • DocuSign Envelope ID:56BADFF9-4F65-4B95-84B8-B5B9B6CBD4CC s;*rVE [FOUNDATION on : 1101 Brickell Avenue,South Tower,Blh Floor,Miami,EL 33131 Ffi a 305.151-1283 I Email save@save.Igbt f Web:https:llfcundationsaveight PROPOSED GRANT • Timing o Approximately one month of planning and creative development o Three months of ad campaign run time(August-November) SCOPE OF WORK CREATIVE Deliverable:We will bring to you two campaign ideas and present these ideas through a few hypothetical executions (digital banners, trolley, social media)so you can see how it comes to life. After two rounds of review, we would narrow down to one idea,for which we would produce and develop all of the assets mapped out in an approved media plan. MEDIA PLANNING Our media team works in lock step with our creative team to plan and develop an integrated campaign. As a part of this phase,we will provide you with our recommended media plan to achieve the campaign objectives. Deliverables: In this phase,we will provide you with the following: • Overall media strategy for launch and ongoing campaign. It will include audience targeting, flight schedule,channel recommendations and suggested spend levels. • To be inclusive of those mediums we found most effective. But could include radio, print, digital, social, outdoor, influencer,etc. • Analytics strategy with key performance indicators and benchmarks. PROJECT MANAGEMENT • Calls and meetings • Communication with the City of Miami Beach to discuss reviews and approvals • Campaign optimization and benchmark tracking • Ongoing reporting • Build website, purchase domain name, and set up web hosting • Manage the online resources published on the website CITY OF MIAMI BEACH TEAM INCLUDED • Chief Education Officer • Director of Communications • LGBTQ Advisory Committee Members • Youth Commission Members Safeguarding American Values for Everyone V SAVELGBT f SAVEEGBT ®@SAVEIGBTV Page 771 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:56BADFF9-4F65-4B95-84BB-85B9B6C13D4CC 401* -M IFOUNDAl10N 11018ricketl Avenue,South Tower,8th floor,Miami,FL 33131 Phone:305-751-7283 1 Email:save@save.lgbt I Web•https-UtoundationsaveJgbt BUDGET Domain name(MiamiBeachCares.LGBT) $20 Website hosting $200 Media/advertising spend $53,780 Project administration and management, ad creative $21,000 development,and media planning TOTAL $75,000 ESTIMATED TIMELINE Decision by the City of Miami Beach April 28,2023 Grant paperwork signed May 31 Planning, creative development, reviews and approvals June 1 —July 31 Campaign launch date August 14 Campaign end date November 14 SAVE Saleguarding American Values tor Everyone SAVELGBT f SAVELGBT ®@SAVELGBTV Page 772 of 991 DocuSign Envelope ID:E0EF5828-AEDF-4471-8F5F-C2A8DCFA3A34 DocuSign Envelope ID:568ADFF9-4F65-4B95-84BB-85B986CBD4CC MIAMIBEACH .: . , Contract/Document Routing Form Grant Agreement SAVE Foundation 2024(Year Two) Clractor • Requesting Department SAVE Foundation,Inc. Education&Performance Initiatives Department Director Name&Signature 11111111pne&Signature Dr.Leslie Rosenfeld c°.+r... Jason Greene grant Type 1510ec*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: r u.. . i This agreement allows SAVE Foundation to continue the second year of programming for$25,000.At the February 22,2023 commission meeting,Commissioner David Richardson sponsored item C7-H to approve a grant to SAVE Foundation for the development and implementation of a social media campaign for LGBTQ youth.At the March 31,2023,Finance and Economic Resiliency Committee meeting, the Committee unanimously supported providing a 575,000 grant in the first year(2023),with two additional$25,000 grants for the second(2024)and third years(2025).Resolution#2023-32591,adopted April 28,2023,allocates a grant in the total amount of$75,000 to SAVE Foundation for the development and implementation of a social media campaign for LGBTQ Youth impacted by the"parental Rights in Education"bill and authorizes the City Clerk and City Manager to execute the City's standard grant agreement with respect to the foregoing, and further in view of the importance of this organization and the public purposes served by this programming directing the City administration to prioritize a$25,000 grant to SAVE Foundation as part of the Cities annual budget process for a second and third year. Renewal Periods Total Term(Original+Renewals) January 1,2024-December 31,2024 2 3 Funding Information Grant Funded X Yes ill No MI State 11.1 Federal II Other: Cost&Funding Source Require Enhancement 1(2023) $75,000 011-9322-000353-90-400-592-00-00-00 r ,. Yes No r--- 2(2024) $25,000 011-0332 000343-16-400 582 00-00-00 "Subject to approval of, kir Yes No operating budget" 3(2025) $25,000 l!1~1*eS3,34+000343,384i6®,58F-t10,00 "Subject to approval of Yes No operating budget" 177-6881-000343 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3. Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. Commission Approved X Yes No Resolution No. CC Agenda Item No.: CC Meeting Date: 2023-32591 R7-G 4/28/23 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: N/A Grants: ) N/A Budget:Tameka Otto 4....�,.. Information Technology: N/A Stewart q-ort&MI„Sh,uevl Risk Management:Marw, Fleet&Facilities: N/A Chevaliar . M 1144),..0 Human Resources: Other: N/A