Loading...
HomeMy WebLinkAboutExhibitkOCKEFE,LLEk Phi lanthr©py Advisors 15 March 2017 Mr. Daniel J Alfonso City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 Dear Mr. Alfonso: Mein office San Franeiacc office 6 West 48th Street ,10th Floor, New York, NY 10036 575 Market Street, Suite 3625, San Francisco, CA 94105 T 2128124330 F 2128124335 T 4155430733 F 4155430735 Los Angeles office Chicago office 5300 Wilshire Baa leva rd, Su ite 820, Los A ngeles, CA 90048 980 North M iohiga n Avenue, Suite 1120, Chicago, I L, 60511 T 323 658 4200 F 3236584205 T 372 324 0 742 F 3124458739 GRANT AGREEMENT www.rockea.org Rockefeller Philanthropy Advisors, Inc. ("RPA"), on behalf of the 100 Resilient Cities Initiative ("I OORC" or the "Project"), a sponsored project of RPA (together, "RPA/ 100RC"), has approved a grant to the City of Miami ("GRANTEE") for the purposes described herein. This letter (the "Grant Agreement" or "Agreement") summarizes the terms and conditions under which RPA/100RC has awarded this grant to GRANTEE. In accepting this grant, GRANTEE becomes a Member City of 100RC. Amount and Purpose of Grant. The purpose of this grant is to assist GRANTEE in building its capacity to maintain and recover critical functions despite shocks and stresses so that the city's people, communities, and systems can bounce back more quickly and emerge stronger from these shocks and stresses; and to fund a Chief Resilience Officer for the City of Miami. GRANTEE, together with the City of Miami Beach and Miami -Dade County (together, "GMTB"), will partner with RPA/100RC to develop and begin implementation of a Resilience Strategy for Greater Miami and the Beaches. Responsibilities of the GMTB are outlined in the Memorandum of Understanding attached hereto as Exhibit "A". To accomplish these goals, the grant is structured in two components: a. Direct Funding - GRANTEE will receive direct funds up to $168,233.31 per year to pay for the salary and benefits of the position of Chief Resilience Officer ("CRO") for a period of two years. As described in the CRO job description attached hereto as Exhibit "C", the responsibilities of the CRO will include driving the development and implementation of a Resilience Strategy for GMTB and working with RPA/100RC through an assigned Associate Director ("AD") to coordinate services and technical support. To optimize the effectiveness of the CRO, the position will be a prominent leadership position, empowered by the full support of the City's Mayor or local equivalent. A draft organizational chart created by the CITY and illustrating the CRO's position and any staff working within the CITY hierarchy is attached hereto as Exhibit «D» b. In -Kind Technical Assistance and Capacity Development - RPA/100RC will contribute in-kind technical assistance and capacity development to accomplish the grant purpose in several ways. RPA/100RC will dedicate and fund resources to work with GRANTEE to support GMTB's development of a Resilience Strategy. This will include making available RPA/ 100RC staff experts and other service providers hired by RPA/ 100RC to work directly with GRANTEE as needed. Also, RPA/100RC will develop a platform of third -parry partners ("Platform Partners") who can offer tools and services to GRANTEE to assist in creating and implementing a resilience agenda. RPA/100RC will also provide access to a CRO peer network so that GRANTEE's CRO can connect with CROs from across the globe to share strategies and learnings. GRANTEE as a Member City agrees, where it is in the best interest of the city and GMTB, and consistent with the development and implementation of its Resilience Strategy, to work with the resources and Platform Partners made available to GRANTEE through this grant. Separate agreements regarding the specific terms of such services may be required. 2. Term of Grant. Direct funding for the position of CRO will be provided to GRANTEE for a two-year term. The CRO was hired by Member City on October 31, 2016. In-kind technical assistance, capacity development, and Platform Partner services will be provided as needed for a term of three years. Limited in-kind technical assistance may be extended beyond three years at the discretion of RPA/100RC. RPA/100RC will deem the Grant Agreement null and void if the CRO is not receiving salary and benefits within one year of the execution of this Agreement. 3. Legal Status of Grantee. RPA/100RC has made this grant with the understanding that the GRANTEE is a government entity or instrumentality as defined in the United States Internal Revenue Code, or alternatively the code of a foreign government, or agency or instrumentality of a foreign government. 4. Payment of Grant Funds. RPA/100RC will disburse grant funds to GRANTEE in support of the first year's salary and benefits, as defined above, upon receipt of this Grant Agreement signed by an authorized officer of GRANTEE, receipt of all documentation detailed in Exhibit "B" attached hereto, and upon the hiring of a qualified CRO candidate who has undergone 100RC review and approval. The CRO must be receiving salary and benefits from the GRANTEE before grant payment can be made. Grant funds in support of the second year's salary will be disbursed on October 31, 2017, subject to completion of GMTB's Resilience Strategy and other key deliverables, as determined by the assigned Associate Director, and compliance with all other terms and conditions of this Grant Agreement. If GRANTEE does not anticipate completing a deliverable by the date in Exhibit "A", written notice must be provided to RPA/ 100RC 60 days in advance so that RPA/ 100RC and GMTB can reach a mutual agreement on a revised milestone schedule. Use of Grant Funds. Subject to the terms and conditions of this Grant Agreement, GRANTEE agrees to use the grant funds provided solely for the charitable purposes described above and to achieve the specific deliverables described in Exhibit "A". GRANTEE will promptly inform RPA/100RC and AD of any changes in key personnel, or significant difficulties in making use of the funds for the purposes described herein. Change of CRO must be approved in -writing by 100RC in order to maintain eligibility for direct funding of CRO salary and benefits. 6. Return of Unused Funds. Any unused grant funds, and any income earned on grant funds not spent or committed for the purposes of the Project, must be promptly returned to RPA/100RC within 60 days of notice from RPA/100RC. 7. Anti-Terrorism/Anti-Corruption. GRANTEE hereby confirms that it complies with all U.S. anti- terrorism laws and regulations, including Executive Order 13224 and the Global Terrorism Sanctions Regulations set forth in 31 CFR Part 594. GRANTEE certifies and warrants that it will not directly or indirectly engage in, support or promote violence, terrorist activity or related training, money laundering, corruption or any other unlawful or illegal activity. In addition, you represent and warrant that you have or will have, as of the execution of this Grant Agreement, the necessary systems in place to reasonably detect and prevent corruption, terrorism, fraud and money laundering. 8. Reports. GRANTEE will use reporting templates provided by RPA/100RC to submit full and complete reports on the manner in which the funds are spent in the performance of this grant, and the progress made in accomplishing the purpose of the grant. Reports should be completed according to the schedule and requirements laid out in Exhibit "A". All reports must be signed by the CRO and their supervisor. In addition, please send to RPA/100RC copies of papers, manuscripts, and other materials that are produced as a direct result of RPA/100RC's grant upon request. GRANTEE shall provide regular updates on project status and activities to Associate Director or other designated 100RC staff. 9. Requesting an Extension or Modification of the Grant Agreement_ To request an extension or modification of this Grant Agreement, GRANTEE must submit a detailed explanation of the need for the extension or change with an up-to-date progress report and financial accounting. Under no circumstances can the purpose of the grant be modified. All extension or modification requests should be sent to the AD via e-mail. If the request is approved, RPA/ 100RC will send a written notification to your organization amending this Grant Agreement, which will include a revised schedule of deliverables, reporting requirements, and new payment terms, if applicable. This notification should be appended to the original Grant Agreement. 10. Contacts. - 100 Resilient Cities — Eric Wilson, Associate Director, ewilson@100resilientcities.org - GRANTEE Grant Administrator — Lillian Blondet, Director of Office of Grants Administration, lblondet@miamigov.com - GRANTEE — Jane Gilbert, Chief Resilience Officer, JaGilbert@miamigov.com - Rockefeller Philanthropy Advisors, Inc.: Kate Mulligan, kmulligan@rockpa.org - Communications -related questions should be addressed to 100RC Communications Office, MYoung@IOORC.org 11. Record Maintenance, Inspection and Retention. GRANTEE agrees to maintain clear and adequate records of receipts and expenditures for this grant and make such records available to RPA/100RC upon request. GRANTEE agrees to maintain separate reporting and accounting for grant funds. GRANTEE does not need to open a separate bank account. GRANTEE agrees to retain its accounting records related to the Project, as well as copies of the reports submitted to RPA/100RC, for at least four years after completion of the use of the grant funds. GRANTEE recognizes RPA/100RC's right to audit GRANTEE's books and records with respect to these funds. 12. License to Use Materials. GRANTEE hereby grants RPA/100RC a perpetual, worldwide, non- exclusive license to use, reproduce, distribute, display, perform, edit, adapt, create derivative works from and otherwise utilize, exploit and sublicense, in all languages and all media now known or hereafter developed, all written work or reports, publications of any kind, and any materials of any nature created by GRANTEE regarding this grant, as a result of this grant or in connection to this grant (collectively, the "Materials"). 13. Warranty and Covenants. GRANTEE represents and warrants that GRANTEE has the full right and authority to grant licenses and rights granted in this Agreement and that GRANTEE's rights in any of the Materials and RPA/100RC's license of the Materials will not violate any intellectual property, contractual or other rights of any third party. 14. Monitoring and Evaluation. GRANTEE agrees to participate in evaluation activities as directed by RPA/ 100RC to enable RPA/ 100RC to monitor and evaluate key aspects of the Project. GRANTEE also agrees to make its books and records available for inspection by RPA/100RC or its designee at reasonable times and permits RPA/100RC to monitor and conduct an evaluation of operations under this grant, which may include a visit by RPA/100RC personnel or its designee to observe GRANTEE, a discussion of the grant with GRANTEE staff, and a review of financial and other records connected with this grant. 15. Compliance and Termination. In the event that RPA/100RC or GRANTEE decides to terminate this grant before the end of the grant term for any reason, RPA/ 100RC will require GRANTEE to provide a financial report showing expenditures to date of termination. If expenditures exceed grant funds paid, RPA/100RC will make payment in the amount of the excess expended, provided that such expenditures are reasonable and all deliverables due to that point or otherwise agreed between RPA/100RC and GRANTEE have been submitted to RPA/100RC. If grant funds paid exceed expenditures, GRANTEE will be required to remit the balance to RPA/100RC. 16. Confidentiality. In the course of the grant activities, GRANTEE may have access to or be directly or indirectly exposed to RPA/100RC's confidential information, including information relating to programs, financial information, grant making processes and any proprietary information, but not including information that was known to GRANTEE or in the public domain before disclosure or that becomes part of the public domain except by a breach of this Agreement by GRANTEE. Subject to Florida's Public Records Law, Chapter 119, Florida Statutes, or otherwise required by law, GRANTEE agrees to use reasonable measures to hold confidential all such confidential information and shall not, without RPA/100RC express consent, use it for purposes other than those permitted in this Grant Agreement or disclose it to third parties. 17. Grant Announcements, Public Reports and Use of RPA, 100RC Name and Logo GRANTEE acknowledges that (i) RPA owns all rights in "Rockefeller Philanthropy Advisors," "RPA," "100 Resilient Cities," "100RC," and its other names, trademarks, service marks, logos, and other indicia of source (collectively, "RPA Marks"); (ii) the RPA Marks must be used in accordance with RPA's quality control standards conveyed to GRANTEE from time to time; (iii) all goodwill arising from use of the RPA Marks under this Grant Agreement will inure to the benefit of RPA and GRANTEE will not acquire any rights of any nature in any of the RPA Marks; and (iv) GRANTEE will not (and will not assist any party to) register or attempt to register any RPA Mark in any jurisdiction in the world. RPA encourages GRANTEE to announce this grant; however, GRANTEE must receive approval, in advance, from the AD to use any RPA Mark or any language that purports to interpret RPA/100RC intent in making the grant. GRANTEE agrees to note in its communications that RPA is supporting GRANTEE's efforts through its sponsored project, 100RC. The designated AD must also approve, in advance, any press release or other media or public communication, written or electronic, GRANTEE intends to issue concerning the awarding of the grant. AD must also approve, in advance, any use of the RPA Marks for any purpose. Member Cities are free to disseminate information about their experiences and findings during the course of the Project to those who might benefit from this knowledge; in that connection, RPA, through its Project, 100RC, views itself as an active partner that can further enhance and expand communications outreach and expects to be notified in advance regarding media outreach. For further information or assistance related to communications concerning this grant, please contact the AD. 100RC's Web site will include specific information about your participation as a Member City. This information will be updated regularly. 18. Relationship of Parties. The relationship of RPA/100RC to GRANTEE is that of grantor and grantee. RPA/100RC is not responsible or liable for strategies or outcomes of strategies developed as a result of activities performed under this Grant Agreement. Nothing contained in this Grant Agreement shall be deemed to constitute either party a legal partner, joint venture, employee or agent of the other party for any purpose. Neither party has the power to bond the other party or to incur any obligations on its behalf, without the other party's prior written consent. 19. Indemnification. Subject to the limitations and sovereign immunity provisions of Florida Statute, Section 768.28, the GRANTEE shall indemnify and hold harmless RPA/100RC and their officers, employees, agents and instrumentalities from any and all liability, loss, expense or damage, including all costs of defense and reasonable attorney's fees, which their officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by GRANTEE or its employees, agents, servants, partners, principals or subcontractors, unless such claims shall arise out of or result from the gross negligence or willful misconduct of RPA/100RC or their officers, employees, agents and instrumentalities. 20. Governing Law. RPA/100RC as the grantor, makes the selection of governing law that will apply to this Agreement. The selection is determined, in part, by RPA/100RC's limited capacity to develop working knowledge of the laws governing the many Member Cities of the Project. Therefore, this Agreement will be governed by and construed in accordance with the substantive laws of the State of New York, United States of America, without regard to the choice of law principles. United States law applies to the extent issues are covered under federal laws. 21. Authority. You represent and warrant that you have the full legal right and authority to enter into this Agreement on behalf of GRANTEE. 22. Entire Agreement. This Agreement in English, including the attached Exhibits, constitutes the entire understanding between GRANTEE and RPA/100RC with respect to its subject matter and supersedes all prior agreements, discussions or representations between us. As detailed in Article 9, any modification of this Agreement must be in writing, signed by RPA/ 100RC and GRANTEE. On behalf of RPA/ 100RC, may I extend every good wish for the success of your work. Sincerely, /94� Date: 3/31/2017 Jane Levikow Vice President, Sponsored Projects & Funds Rockefeller Philanthropy Advisors, Inc. The undersigned organization agrees to the terms and conditions set forth in this letter. GRANTEE Signed: CITY OF MIAMI, A Florida Municipal Corporation By: Daniel J. Alfonso, City Manger Attest: By: Todd Hannon, City Clerk Approved as to Form and Correctness: By: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Ann -Marie Sharpe, Dir. of Risk Management Exhibit 1: Memorandum of Understanding between City of Miami, City of Miami Beach, Miami -Dade County, and 100 Resilient Cities, a sponsored project of Rockefeller Philanthropy Advisors, Inc. The GMTB Memorandum of Understanding hereby incorporated by reference. Exhibit 2: Required Supplemental Documentation Due Date Documentation Description Calculation & 1. Salary: a pay scale for the appropriate city title; comparable BeforeValidation ofary information for currently -filled like positions. Execution of Sal & CRO Salary 2.Benefits: an administrative instruction or policy as established Grant Benefits by the overseeing human resource agency. Agreement 1. CRO job description CRO Position 2. Job posting (if being advertised) Draft Before Org chart or narrative should include: Execution of 1. CRO's office title (i.e. Deputy of X) Grant. Department where CRO will sit Agreement Organization Chart or Narrative 3. CRO's peers within the department . Chain of command between the department and Mayor (or Final Before equivalent) Payment 5. Who the CRO reports to 6. Who reports to the CRO (where applicable) 1. CRO's name Selected CRO and 2. CRO's resume actual 3. Proof of remuneration to be paid to the CRO remuneration 4. Confirmation that CRO has started receiving salary and benefits from the City 1. For US grantees a W9 and IRS Tax Exemption letter are Before Payment Proof of Entity required. . For international grantees an equivalency is required. Please contact IOORC for additional guidance. An electronic payment information form will be provided by I OORC to be completed by GRANTEE Wiring 1. For US grantees, grant payment will be made via Automated Information Clearing House (ACH) 2. For International grantees, grant payment will be made via wire transfer Exhibit 3: CRO Job Description Job Bulletin Pagel of 3 CITY OF MIAMI is accepting applications for the position of: CHIEF RESILIENCE OFFICER An Equal Opportunity Employer SALARY: $89,2.17.65 - $168,233.31 Annually ]OB CODE: 8068 -20160705 -EXEC FLSA CODE: Exempt position OPENING DATE: 07/05/16 CLOSING DATE. 07/15/16 05:00 PM NATURE OF WORK: This Is highly responsible professional level work overseeing the delivery of resilience efforts for the City of Miami. The Chief Resilience Officer (CRO) will report directly to the City Manager or Assistant City Manager and will work across all City departments while collaborating with external stakeholders and governmental entities. The CRO will develop and implement the Resilience Strategy and supporting programs for and on behalf of the City of Miami with Greater Miami and the Beaches partners, effectively engage with the 100 Resilient Cities partners to create the Resilience Strategy, serve as the primary point of contact for the 100 Resilient Cities membership, leveraging the benefits of the network; and bring together stakeholders from across Greater Miami and the Beaches to establish a compelling vision and drive the resilience conversation in the City of Miami The CRO is a senior level role which is critical to ensure that resilience is a cornerstone of coordinating a cohesive strategy and program planning across all City of Miami departments. The CRO requires demonstrated expertise and experience in the development, planning and delivery of strategy, policy and programs across City of Miami government, community and private sectors with success in long-term project management, collaboration, stakeholder management and community engagement. An employee in this class is responsible for objectively assessing and prioritizing the greatest threats to the City of Miami's resilience, leading the creation of a cohesive resilience strategy, and subsequently harnessing the resiliency expertise and resources across City agencies, other jurisdictions, and the community in order to effectively address these threats. The CRO must clearly define resilience for the City of Miami, but do so through effective communication and collaboration with actors from distinct spaces to ensure active and inclusive input, enable synergy between various efforts, and capitalize on opportunities toward achieving City of Miami's resiliency goals. The CRO must engage diverse leaders from within and external to City government and bring them to act, perhaps in spite of proprietary agendas, to address the most pressing threats to City of Miami. The incumbent exercises an extensive degree of independent judgment, cross department leadership, and professional and managerial knowledge to ensure the overall success and timely delivery of strategic Initiatives. General direction is received from the City Manager and/or designee through consultations, oral or written directives, and review of periodic initiative status reports. Responsibilities include, but are not limited to, the following: developing a resilience strategy, with input from a wide variety of stakeholders, that identifies the City's resiliency challenges, capabilities, plans to address issues and any current gaps or shortfalls in achieving resiliency http://agency.governnaentj lbs.com/miatnifl/job_butletin.cfm?JobID=1472068 6/30/2016 Job Bulletin Page 2 of 3 goals; overseeing the preparation and implementation of effective high-priority resilience initiatives to address urban, regional, sustainability, transportation, and economic resiliency challenges faced by the City and its residents; identifying risks, understanding the financial impact of those risks, and mitigating such with existing policy or the creation of such; fostering relationships and collaboration with other departments, partner municipalities, civic groups, community foundations, senior government staff, elected officials, local businesses, and residents with a goal of Improving communication, training and educating stakeholders, promoting synergy, eliminating duplicative work or processes, and ensuring active and inclusive input; defining specific, measurable targets for the impact of the work, as well as a process for regular assessment and reflection on progress toward these targets and demonstrate ability to correct course of action as needed; developing and implementing outcome -based best practices, research, and evaluation tools; securing funding and recommending proper resource allocation to ensure Implementation, buy -in, and sustainability of new solutions; serving as the point person on comprehensive resiliency efforts ensuring a holistic view is applied to all projects with a goal of providing high reward, yet cost-efficient, final products that address multiple resiliency efforts whenever possible; providing data, innovative ideas, and strategic direction to achieve administration's goals as an integral participant in the collective bargaining process; and performing related work as required. MINIMUM REQUIREMENTS: Master's degree from an accredited college or university and extensive (8 - 10 years) progressively responsible professional and leadership experience including sound strategy formulation, engagement, and project delivery. Knowledge of the governmental planning and development functions are highly preferred. Additional experience in sustainability planning, urban or regional planning, engineering, large scale infrastructure projects and/or economic development is highly desirable. DOCUMENTATION REQUIREMENTS: Applicants must submit or upload and attach copies of the following documents with the application for employment. Please be sure to attach all required documents to your application each time you apply. Uploaded documents remain in your profile but they will not attach automatically and you will be deemed ineligible without the proper documentation: Proof of Educations: Copy of Master's degree from an accredited college or university. If degree/diploma does not reflect the academic major on its face, transcripts indicating degree completion must be submitted. Foreign diplomas/degrees must be submitted with a credentials evaluation report from an agency recognized by NACES. Translations of diploma/degrees are not accepted. Audit reports are not accepted as substitutions for college transcripts. Applicants must completely detail their work experience on the application or risk being disqualified. Resumes are not required and will not be reviewed in place of the employment application. Applicants must provide a valid email address In order to receive notification of eligibility. NOTE;: Submit a new application each time you apply for a city job. Proof of education (diplomas, degrees, certifications, if required) and other documentation required to meet minimum requirements must be submitted at time of application unless otherwise indicated In the job announcement. Foreign degrees, certificates or diplomas require transcript evaluations by American colleges, universities, or a NACES approved transcript evaluation service, which determine reciprocity to education In the United States, htttp:Hagency.govermnentjobs, cotn/mianvflljob bull etui.cfm7JobZD=1472068 6/30/2016 Job Bulletin Page 3 of 3 Veteran's preference Is awarded In accordancerwith Florida state statute 295. All Forms DD -214 must be submitted with the application, and must be legible. In addition to the DD -214, applicants who have been awarded combat cam paig n/expeditlona ry medals that are not reflected on the Form DD -214 must submit supplemental documents from the U, S. Department of Defense that demonstrate possession of a combat campalgn/expeditlonary medal by the closing date. If veteran's preference Is being claimed, questions related to military service must be answered on the application form. To receive disabled veteran's preference, proof of a permanent service -connected disability or a current (less than 1 year old) letter of disability from the Department of Defense or Veteran's Affairs that indicates the percentage of disability must be submitted with application. City employees and City of Miami residents may also receive preference during the hiring process. For more details, please visit the City website. Prior to employment, successful completion of a background investigation will be required, and depending upon the type of position a medical examination may be required. Appointment (including promotions or transfers) to certain positions may require a drug screen, and be contingent upon submission of official transcripts. The City of Miami is an equal opportunity employer and does not discriminate. APPLICATIONS MAY BE FILED ONLINE AT: httu; //www.miam i90Y. com/em oiovment OUR OFFICE IS LOCATED AT: 444 SW 2nd Avenue, 7th floor Miami, FL 33130 (345)416-2170 TTY: 305-416-1730 Employment Hotline: 305-416-2050 FAXES NOT ACCEPTED ahyppollteSla miamlgov.eom An Equal Opportunity Employer CHIEF RESILIENCE OFFICER Supplemental Questionnaire CHIEF RESILIENCE OFFICER SN * 1. Have you attached and uploaded a copy of your proof of education or a foreign credential evaluation which verifies your graduation as specified in the job announcement? If not, please be aware that your application will be deemed ineligible. 0 Yes U No * Required Question littp://agency.govermnentjobs.com/miamifl/job bulletin.ofm?JobID-1472068 6/30/2016 Exhibit 4: Organizational Chart P� -,. CITY Sandra Harris Downtown Development Authority Alyce Robertson Miami Sports and Exhibition Authority Lourdes Blanco Omni/Midtown CRA Jason Walker Southeast Overtown Park West CRA Clarence Woods Fire Fighters' and Police Officers' Retirement Trust Dania L. Orta General Employees' and Sanitation Employees' Retirement Trust Sandra Elenberg Liberty City Trust Maine Black Coconut Grove BID Manny Gonzalez Wynwood BID Tom Curitore J Equal Opportunity and Diversity Programs igela V. Roberts I SUS T A I? I L I T Solid Waste Mario F. Nunez Bayfront Park Management Trust Tim Schmand Civilian Investigative Panel Cristina Beamud Miami Parking Authority Arthur Noriega Virginia Key Beach Park Trust Guy Forchion Civil Service Board Tishria Mindingall Chief Resiliency Officer Sustainability SeaLevelRise rHazard itigation