Loading...
HomeMy WebLinkAboutBack-Up DocumentsU.S. EPA Environmental and Climate Justice Community Change Grant Statutory Partnership Agreement Lead Applicant: City of Miami Statutory Partner: The Miami Foundation Background Through the U.S. Environmental Protection Agency (EPA) Environmental and Climate Justice Community Change Grant (ECJCCG), the City of Miami will implement a Resilience Hub Network to help increase resident resilience to extreme weather events, namely hurricanes and heat. These Resilience Hubs are centered on community centers in public Parks. For successful implementation, the City of Miami is partnering with The Miami Foundation to provide resources to residents and stakeholders. This Partnership Agreement (the "Agreement") is made and entered into on the date of signature (the "Effective Date") of this document. The City of Miami and The Miami Foundation are the "Partners" in this Agreement are as follows: The Partners of this Partnership Agreement agree to the following: 1. The Partners are executing this document to create a Partnership. This Partnership will be known as Building Community Resilience Hubs: Collaborating with CBOs to strengthen Miami's Climate Justice Communities (the "Partnership") 2. The Partnership a. The Parties wish to become partners for the primary purpose of applying for and, if awarded, completing an EPA ECJCCG. b. The terms and conditions of their Partnership will be outlined in this Agreement. c. The Partnership will be in effect on the date of signature. d. The Partnership will only be terminated as outlined in this Agreement. e. The Partnership will be governed under the laws of the state of Florida. f. The Partners shall be responsible for the work of their employees or volunteers and for completing their agreed -to roles and responsibilities. 3. Roles of the Partners a. The City of Miami shall be the Lead Applicant and The Miami Foundation shall be the Statutory Partner of this ECJCCG. b. lithe ECJCCG is awarded, as the Lead Applicant, the City of Miami will: i. Be responsible for the overall management, performance, oversight, and reporting responsibilities under the grant. ii. Make a subaward to The Miami Foundation in the amount consistent with the final EPA approved grant budget. Ensure that subaward complies with the subaward requirements in the grant regulations at 2 CFR 200 and in EPA's Subaward Policy and related guidance. iii. Be responsible for the receipt of federal funds from EPA and the proper expenditure of these funds and will bear liability for unallowable costs. iv. Be responsible for all compliance and legal issues, and managing risks associated with the project. v. Be responsible for the following project implementation activities: 1. Enter into a contract with the EPA and assume liability associated with contract. 2. Initiate Grant Performance after contract negotiations with the EPA are finalized. 3. Attend all EPA trainings for awardees. 4. Monitor performance of Statutory Partner and collaborating entities 5. Distribute funds efficiently and in a timely manner to all sub awardees 6. Lead the Collaborative Governance process initiation. 7. Ensure all partners have adequate training in procedures used to access funds and report on activities. 8. Ensure all partners receiving federal funds are in compliance with federal, state, and local statutes. 9. Ensure single audit is conducted in compliance with EPA mandates and Federal regulations. 10. Enter into subaward agreement with Statutory Partner 11. Collect information and analysis for reports during the performance period and final report. 12. Develop project management meeting cadence that aligns with Statutory Partner's schedule. 13. Develop agendas prior to each meeting to maintain clear goals and minutes will be disseminated. 14. Hold planning sessions for successful implementation of outreach activities and overall project performance. 15. Create a shared drive which all members of the project team will have access to and will serve as a central location for communication and sharing of related documents. 16. Address non-performance in the Partnership and follow guidelines from the Statutory Agreement and Collaborative Governance plan. Where necessary, negotiate with the EPA on meeting expectations or replacing the Partner with a comparably qualified CBO. 17. Serve as the primary point of contact for the EPA, sub-awardees, and community participants. 18. The City of Miami will be responsible for the performance of all proposed projects and services that occur on City of Miami property or at City of Miami sponsored events. vi. Be responsible for the following project -specific activities: 1. Assess needs at each proposed location based on established Resilience Hub minimum criteria. 2. Establish cost estimates of improvements at each facility. 3. Oversee procurement process to comply with federal regulations associated with grant. 4. Manage design, installation, and construction process of Resilience Hub features to completion. 5. Manage maintenance of facilities (e.g., maintaining HVAC systems, ensuring water fountains remain functional, etc.). 6. Manage facility programming (e.g., allocate time and space for programming, etc., identifying programming topics, etc.). 7. Manage overall communication to the public on the availability of Resilience Hubs. 8. Oversee indoor and outdoor air quality assessments. 9. Manage electric lawn equipment rebate program. 10. Oversee installation of indoor/outdoor air quality sensors. vii. Share decision making authority with The Miami Foundation and other parties as specified in the Collaborative Governance Structure that is submitted to EPA as part of the ECJCCG application. c. lithe ECJCCG is awarded, as the Statutory Partner, The Miami Foundation will: i. Share decision making authority with the City of Miami and other parties as specified in the Collaborative Governance Structure that is submitted to EPA as part of the ECJCCG application. ii. Be responsible for the following project implementation activities: 1. Develop proposals, contribute to outcomes and deliverables, and gather feedback from local organizations. 2. Enter into subaward agreements with collaborating entities 3. Report on metrics as established by the Lead Applicant. 4. Provide periodic reporting on management and distribution of funds. 5. Collect progress reports from Collaborating Entities and provide as quarterly reports to Lead Applicant. iii. Be responsible for the following project -specific activities: 1. Keep community organizations and their members updated on the project's progress. 2. Act as Coordinating Partner with community -based organizations (CBOs) to manage a robust community engagement plan. 3. Plan and facilitate CoP sessions 4. To tie together community members, collaborators, and administrative decisions, The Miami Foundation will oversee the CBOs in performing stakeholder mapping, developing focus groups and surveys, distributing flyers, conducting outreach via newsletters and social media, radio, newspapers, and attending community and partner meetings to ensure inclusive participation and direct integration of community resident insights into program refinement. 5. Act as primary repository of data from the Collaborating Entities. 6. Co -host community workshops with Collaborating Entities and other stakeholders. 4. Dispute Resolution a. City of Miami shall attempt to informally resolve any disputes under this agreement. b. If either Party determines that the dispute cannot be informally resolved, either Party may submit to the other Party in writing a description of the dispute and the desired outcome. c. The City of Miami will initiate a review of documents according to its organization's protocols and may include a third -party evaluator. d. A written evaluation will be distributed to each party and the party under evaluation has 60 days from receipt of the notice to respond with a resolution. e. If both Parties cannot agree upon a resolution City of Miami will be responsible to negotiate with the EPA and potentially identify a replacement Partner through steps in Section 5 of this Agreement. f. Both members of this Partnership recognize that EPA is not a party to this agreement and any disputes between the parties must be resolved under the law applicable to the Partnership Agreement and in the State of Florida. 5. Replacement of The Miami Foundation as Statutory Partner a. If the Statutory Partner cannot perform their responsibilities under the terms of this agreement, the Lead Applicant will identify suitable alternative partners with comparable capabilities as the Statutory Partner to ensure successful grant completion within the period of performance. b. The partner list will be submitted to the authorized EPA official and a negotiation process with the EPA will be followed per EPA guidelines. c. Any replacement requires prior approval by an authorized EPA official pursuant to 2 CFR 200.308(c)6. 6. Grant Application a. City of Miami shall not submit an ECJCCG application for this Partnership without the written approval of the Miami Foundation. 7. End of the Partnership a. Unless overridden by a new written agreement of the Partners, the Partnership shall end in one of the following ways: i. When the activities in the ECJCCG are completed, as determined by EPA. ii. When The Miami Foundation is replaced under the procedure listed in Section V of this agreement. iii. When the Partnership is informed that the application for this ECJCCG is not selected unless, as agreed by both Partners, they resubmit an amended application. iv. When the Partnership is informed that their submittal application is not selected. b. The Partners agree to be bound by the terms of this Partnership Agreement and agree that the Partners have received due consideration for entering into this contract. Signature Block for Lead Applicant, including date: Lead Applicant Date Signature Block for Statutory Partner, including date: Statutory Partner Date