2024 Grant Agreement between CMB & Surfrider Foundation Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
Reso No. 2024-33390
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2024-2025
GRANT AGREEMENT
GRANT PROJECT No.: 2025-CMB-15
MAY - 6 2025
This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this
_ day of , 2025 by and between the City of Miami Beach, Florida
(hereinafter the "City"), and Surfrider Foundation a California not-for-profit corporation with operating
chapters in Florida, including Miami Beach (hereinafter the "Grantee"). This Agreement is effective
October 1, 2024, the "Effective Date."
ARTICLE I I GRANT DESCRIPTION
GRANTEE: Surfrider Foundation Miami
GRANTEE CONTRACT ADMINISTRATOR: Christina M. LeMahieu
ADDRESS: 1680 Michigan Ave., #700
CITY, STATE, ZIP: Miami Beach, FL 33139
PHONE, FAX, E-MAIL: 305-968-4287 bwtfmiami.surfrider.org
GRANT AMOUNT: $15,000
PROJECT DESCRIPTION: Water quality testing lab support& certification
GRANT PROJECT BUDGET: $15,000
GRANT TERM: October 1, 2024— September 30, 2025
EXPENDITURE DEADLINE: September 30, 2025
PROJECT COMPLETION DATE: September 30, 2025
FINAL REPORT DEADLINE: October 10, 2025
FINAL REIMBURSEMENT REQUEST DEADLINE: October 10, 2025
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
By:
Rafael E. Granado, City Clerk Eric Carpenter, Ci Manager
_
MAY - 6 2025 ? B ,cy.4y
's APPROVED AS TO
Date FORM&LANGUAGE
. "n" ORA'"1 = &FO EXECUTION
City Attorney %' Date
FOR GRANTEE: Surfrider Foundation
a California not-for-profit corporation with operating chapters in Florida
Federal Id No. 95-3941826
ATTEST: /.7;4,//d/
By:
Authorized Signature
Michelle Kremer. COO .1(,'`( V
Print Name and Title Print Name and Title
March 19, 2025 ✓ LI I r [1,1 Dal
Date
Page 2
i
•.
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FD862D5DF
ARTICLE II/GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized designee
(the"Contract Administrator").
2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1 (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 I of this Agreement. Grantee agrees that should available City funding be
reduced, the amount payable under this Agreement will be reduced at the sole option of the City of
Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as
specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2
("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee. 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 I 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 disbursements of grant funds,
and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit
quarterly reports to the Contract Administrator by the following dates: January 1-5-April 15'h, July 15`h,
and the final report by October 1 0'h,
New Grant awards will not be released to the Grantee until all Final Reports for previously awarded
grants are received. The City may withhold any future payments of the Grant, or the award of any
subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such
reports do not meet the City's reporting requirements. Any reports may be disseminated by the City
without the prior written consent of the Grantee. All quarterly reports must be submitted on the Grant
Quarterly Status Report Form, attached hereto as Exhibit 3, detailing Grantee's compliance at the time
of a partial reimbursement request.
Page 3
s
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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
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
October 10th,2025.Grantee shall provide the City with copies of all receipts, invoices, cancelled checks
(with copies of both front of back)and proof of expenditures of Grant monies. Grantee shall provide the
City with and shall categorize all receipts, invoices, cancelled checks, and other documentation,
according to the categories set forth in the grant budget. Invoices and checks must be directly related
to expenses for Grant-funded activities taking place within the 2024-2025 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.
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 having a branch office or
other physical presence 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 (October 1 — September 30). The Grantee
Page 4
Docusign Envelope ID: F175A1B6-378F-4366-9278-8D3FDB62D5DF
shaft keep accurate and complete books and records of all receipts and expenditures of Grant funds, in
conformance with reasonable accounting standards. These books and records, as well as all
documents pertaining to payments received and made in conjunction with this Grant, including, without
limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year
for which they are approved and retained in Miami-Dade County in a secure place and in an orderly
fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this
Agreement. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
Grantee costs or earnings claimed under this Agreement may not also be claimed under
any other Agreement from the City of Miami Beach or from any other entity.Any claim for double
payment by Grantee shall be a material breach of this Agreement.
12. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections
and investigations on all City contracts, throughout the duration of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered
to review past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may include a report concerning whether the project is on time. within budget and in
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant
to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested
records and documents available to the Inspector General for inspection and copying. The Inspector
General is empowered to retain the services of independent private sector auditors to audit, investigate,
monitor, oversee, inspect and review operations activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the
Page 5
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and records in
the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to
performance of the contract, including, but not limited to original estimate files, change order estimate
files, worksheets, proposals and agreements from and with successful subcontractors and suppliers,
all project-related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all documents and
records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid documents
and records.
E. The Grantee shall make available at its office at all reasonable times the records, materials,
and other evidence regarding the acquisition (bid preparation) and performance of this contract, for
examination, audit, or reproduction, until three (3) years after final payment under this contract or for
any longer period required by statute or by other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Grantee shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals, litigation,
or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the performance of
this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the City by the Grantee or third parties.
13. PUBLICITY AND CREDITS: The Grantee must include the City 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
Page 6
a
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation,
attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of
or damage to property, which the City or its officers, employees, agents and contractors may incur as
a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of,
relating to, or resulting from the performance of this Agreement by the Grantee or its officers,
employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees
that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit
its obligation, as set forth herein, to indemnify, 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
Page 7
I
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FD862D5DF
City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not
expended, the Grantee must request in writing from the City Manager an extension of the Expenditure
Deadline which, if approved, shall be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon
demand by delivering to the City Manager a certified check for the total amount due, payable to the City
of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law 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:F175A1B6-378F-4366-9278-8D3FDB62D5DF
B. Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability arising out of
work or operations performed by or on behalf of the Grantee.
C. Waiver of Subrogation
Grantee hereby grants to 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:VII, unless
otherwise acceptable to the City of Miami Beach Risk Management Office.
E. Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder
Certificate holder must read:
CITY OF MIAMI BEACH
c/o HR Department/Risk Management Division
1700 Convention Center Drive
Miami Beach, FL 33139
F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and
obligation under this section or under any other section of this Agreement.
19. 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:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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
Page 10
0
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
may be subject to penalties under s. 119.10.
E. CIVIL ACTION
i. If a civil action is filed against a Grantee to compel production of public records relating
to the City's contract for services, the court shall assess and award against the Grantee
the reasonable costs of enforcement, including reasonable attorneys' fees, if:
a. The court determines that the Grantee unlawfully refused to comply with the public
records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the Grantee has not
complied with the request, to the City and to the Grantee.
ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public
records and to the Grantee at the Grantee's address listed on its contract with the City
or to the Grantee's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in
an electronic format.
iii. A Grantee who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
F. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
Page 11
1
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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,
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.
Page 12
1
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
22. WRITTEN NOTICES: Any notices required under this Agreement wilt be effective when
delivered to the City in writing and addressed to the City Grant 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.
23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests
for reimbursements to be submitted to Grants Management Department listed below:
Krystal M. Dobbins, Grants Management Division Director
KrystalDobbinsmiamibeachfl.gov
Elizabeth Carrino, Grant Writer Researcher
ElizabethCarrinoPmiamibeachfl.gov
ARTICLE III/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
Page 13
J
1
y
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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.
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.
Page 14
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Page 15
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUNDIDESCRIPTION OF NEED
The Surfrider Foundation Miami Chapter's Blue Water Task Force (BWTF) water quality testing and
reporting program relies on volunteers and donations to collect and analyze water samples and report
test results to the public. Based on current funding, we are limited on the number of locations we can
sample and the frequency of testing. While we follow rigorous standard operating procedures and use
EPA-approved testing methodologies, our lab is not certified per Florida Department of Health (FDOH)
Environmental Laboratory Certification Program. Our primary objective is to work towards obtaining a
certified lab space, enabling us to demonstrate to public agencies, such as the City of Miami Beach and
other governmental orgs, that we produce high-quality data that can be used with confidence for public
safety and policy development.
Additionally, standardizing our procedures and implementing enhanced QA/QC steps will strengthen
the robustness of our water quality data and improve its value in addressing focal pollution issues and
protecting safe water recreation. Funds are needed to acquire certain equipment, furnishings &
supplies, and cover fees associated with obtaining and maintaining the FDOH Certification, assuming
certification is attained. Additionally, the current lab space is small and does not have the infrastructure,
such as a dedicated sink and sanitation area, to support certification. This funding will help us transition
to the new space and work towards establishing a fully certified lab in that space.
PROGRAM DESCRIPTION
The Blue Water Task Force provides critical water quality information to protect public health at the
beach. Surfrider chapters use this volunteer water testing program to raise awareness of local pollution
problems and to bring together communities to implement solutions.
Blue Water Task Force labs measure fecal indicator bacteria levels (enterococcus and E. coli) in
recreational waters and compare them to water quality standards set to protect public health. Chapter-
run BWTF programs fill in the gaps and extend the coverage of agency-run beach monitoring programs
by sampling ocean and bay beaches and potential freshwater sources of pollution such as stormwater
outlets, rivers and creeks that discharge onto the beach and into Biscayne Bay.
Page 16
I
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
The Surfrider Miami Blue Water Task Force program currently tests 24 sites weekly for enterococcus.
Testing is done along Miami-Dade County's Atlantic beaches and connecting waters of Biscayne Bay -
predominately locations in the City of Miami Beach.
The Chapter will modify the physical space of their BWTF lab and implement key QA/QC practices to
meet the requirements of the Florida Department of Health's (FDOH) Environmental Laboratory
Certification Program, with the goal of progressing towards official certification.
LOCATION
Currently the BWTF Lab is in a small rented office in a co-workspace at 1680 Michigan Ave, #700,
Miami Beach, FL 33139. The City Commission has approved additional support in the form of lab space
at 7605 Collins Avenue (or any other appropriate City-owned space if necessary) free-of-charge to
Surfrider Foundation for the next five years so long as the space continues to be utilized by Surfrider
for the public-service purpose of water quality testing and reporting.
GRANT ACTIVITIES
Activity Name Activity Description Description of Service Recipients No. Service
Recipients
Water Testing Testing public beaches -General public (residents and Thousands
and recreational waters visitors of Miami Beach and Weekly
weekly for enterococcus. Miami Dade County),
-city and state officials and
government agencies.
Sharing data with -Program data posted on -General public(residents and Thousands
the public Surfrider Foundation's visitors of Miami Beach and Weekly
public database Miami Dade County),
-Shared via digital -city and state officials and
platforms, in-person government agencies.
events, and with public
officials
-Data analyzed in annual
water quality report
-Continuous sharing
through social media,
blog posts, e-
newsletters, press
releases
Page 17
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB6205DF
Adjusting physical -Purchasing necessary -City and state officials, local and I Hundreds to
lab space and equipment. state governments. Thousands
testing protocols to -Altering the laboratory -Universities and other Yearly
meet Florida space to meet educational institutions.
Department of certification needs. -Commercial and recreational
Health(FDOH) -Managing licensing and watersport organizations and
Environmental inspections. user groups.
Laboratory
Certification
requirements
Maintaining and Managing licensing and -City and state officials, local and Hundreds to
Managing inspections. state governments. Thousands
Laboratory -Universities and other Yearly
Certification educational institutions.
-Commercial and recreational
watersport organizations and
user groups.
GOALS/OUTCOMES
Outcome Measure Target Reporting
Deadline
Ensure the public # of water quality tests o WQ tests September 30,
receives timely water performed performed goal = 2025.
quality information # of people receiving 864
through weekly water timely water quality Email
sampling information: subscribers. Goal
o Email subscribers = 2,000
o Social media followers o Social media
audience. Goal =
9000 followers
Growing the number of Number of locations 26 locations tested. September 30,
locations tested by 10% tested. 2025.
Move to and renovate Completion of move and Move completed by Sept 30, 2025
new lab space renovation June 1, 2025
Renovation
finished by July 15,
2025.
Page 18
Docusign Envelope ID-F175A1B6-378F-4366-9278-8D3FDB62D5DF
Update QA/QC protocols
to meet FDOH Env Lab Trained Volunteers Trained Volunteers,
Certification 15 samplers, 5 lab
requirements & train
volunteers on new
sampling and lab
procedures
Laboratory Certification Obtaining official Submitting the End of calendar
certification from Florida application for Year 2025.
Department of Health official certification. TBD
(FDOH) Environmental
Laboratory Certification
Program.
STAFFING
Position Title Description/Responsibilities to Grant Program Budget Description
- Miami BWTF Lab . The three volunteer leader positions will be In-kind match. We
Director responsible for executing and directing the are non-paid
- Miami BWTF Lab Co- execution of the lab operation and steps to volunteers.
Director certification.
- Miami Chapter Chair
- Additional veteran
Surfrider volunteers
-Water Quality Initiative In-kind match for oversight of BWTF program, In-kind match
Senior Manager data management and technical advice in
-BWTF Program implementing, testings, and meeting FDOH
Manager certification requirements
Page 19
1
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
EXHIBIT 2
PROJECT BUDGET= $15,000
Budget Line Item Description Project Budget
Fringe Benefits: Fica/Mica &
Health Insurance
Consulting Services
Medication Co-Payments N/A
Professional Services
Marketing/Publicity/Advertising Social media and Web $2,000
Maintenance
Outside Services Licensing fees, $1,000
inspections
Trainings/Workshops
Materials/Supplies Lab Furniture, sink, $4,400
expendable testing
supplies.
Printing & Copying
Postage & Delivery
Equipment Rental/Purchase lab equipment $6,000
Utilities: Telephone, Internet,
Cable
Lease/Rent N/A
Repairs/Maintenance N/A
Insurance Provided by HQ
Transportation &Admission Water sample $1,000
transportation &
conference fees.
Waste/Garbage Collection Biohazard $600
Child Care Subsidy N/A
TOTAL $15,000
Page 20
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
GRANT PROJECT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
i GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REPORT PERIOD:
❑ Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 ❑Apr. 1 —Jun. 30 ❑ Jul. 1 - Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 10
GOALS/OUTCOMES:
Outcome T 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 21
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
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:
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 22
Docusign Envelope ID:F175A1B6-378F-4366-9278-8D3FDB62D5DF
GRANTS MANAGEMENT
DIVISION
DATE: April 25, 2025
TO: Eric Carpenter, City Manager
FROM: Krystal M. Dobbins, Grants Div. Director
Citywide Agreement FY 2024-2025
SUBJECT: Surfrider Foundation
DocuSigned by:
Krystal Dobbins bias 4/25/2025 1 1159 AM EDT
Jason Greene
..WY 11u. 4/25/2025 1 12:20 PM EDT
Isadora Gonzalez e Yb4'^7'-1'^i 4/30/2025 1 2:35 PM EDT
uFvF D7i
Tameka Otto Stewart olw�t�c i 6 gt, 044 5/1/2025 I 7:45. AM EDT
'-91Uo4NblUEEl4bi.
For:
x City Manager's Signature
Other Signature
Comments:
Project:
Water quality testing lab support & certification
Grantee:
Surfrider Foundation
Request Amount:
$15,000
Budget Code Number:
011-9322-000353-90-400-592-00-00-00-
Return to:
Krystal ext.26433
1
3
a