Loading...
Grant Agreement with LGBTSCL a01 y- 0 /y GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA(CITY)AND MIAMI BEACH-MIAMI LGBT SPORTS&CULTURAL LEAGUE, INC(LGBTSCL) TO SUPPORT OPERATIONS OF PRESENTING THE 4TH WORLDOUTGAMES MIAMI BEACH-MIAMI 2017 This Grant Agreement is entered into this day of , 2014, between the City and Grantee. Article 1!Grant Description 1. Grantee: Miami Beach-Miami LGBT Sports&Cultural League, Inc. (LGBTSCL) 1 Grant Contact: Ivan Cano Address: 1300 Pennsylvania Ave,#103, City, State,Zip: Miami Beach, Florida 33119 Phone,fax, e-mail : 305.319.2693, ivan @worldoutgames20l7.com 2. Grant amount: $100,000.00; provided, however, that LGBTSCL shall reimburse $50,000.00 of the Grant amount to the City upon receipt of funding by f the Visitor and Convention n ention Authority(VCA) I 3. Project Description: See Exhibit 1 hereto i 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure deadline: October 31, 2014 6. Project completion date: October 31, 2014 7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project I completion date. I I i IN WITNESS WHEREOF, the arti hereto have executed this Agreement this day of r LI\- 2014. 1 Philip Levine Ma r Signature � + i j STATE OF FLORIDA, COUNTY OF MIAMI-DADE Attest: _ The foregoing instrument was acknowledged before .� �'Y me this�0 day of YA a cck-1 2014, Rafael Granado, C y Clerk by VA O of ! (Grantee's Corporate Seal Here) —WXt Ml Urns&Ly ,FYI JQ rn 1 (Coot,tl not-for-C profit corporate He/She is�ersonally known to me f or produc j (Side 'ficatio k I I GRANTEE: Federal ID#: nature of N Public BY: Printed Name of Organization's Authorized Representative Notary Name: i Notary Public, State of Florida I (City Attorney Approval Here) APPROVED AS TO FORM&LANGUAGE My Commission Expires: &FOR ECUTION ''% GERARDO DARLIN _ it tto Date MY COM04LsSION O $4 ExPHM: 1�70I4, 1aeu,,%oaAtr F7• 71Loo..eANr► ► -2-of9 Article II/General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee. 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. All expenditures will be subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Line item changes to said Budget shall not exceed ten percent(10%) per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written con se nt of the City Manager or his designee. Said requests shall be made in, in writing, detailing and justifying the need for such changes. i 3. Reports: This Grant has been awarded with the understanding that the activities and services contemplated under the described Project will mutually contribute to the enhancement of services available to I City residents, businesses, and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City within 15 days of the Project's completion date i.e. For example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 30 of such year, must submit their final reports no later than October 15"' of that year). Notwithstanding the i preceding, and as a condition of disbursement of the Grant funds, the City Manager or his designee may require t Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). 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 supplied to the Parties'execution of this Agreement. 5. Program Monitoring and Evaluation: The City Manager or his 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 the project site 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 documentations or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place on or before the Expenditure Deadline in Article I — 5. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. 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. 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: "This Project Is financially assisted by a grant from the City of Miami Beach". Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article II-12. 3 of 9 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors 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 if 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, hold harmless and defined the City or its officers,employees, agents and contractors as herein provided. 1 10. 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 Article 11-12. 11. 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 Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. i 12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or his 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 Article 1-5 must be returned to the City within fifteen (15)days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one(1)year. I Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by j 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. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center Drive,4th Floor, Miami Beach, Florida 33139. 15. 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. 16. 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 4of9 may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III/Miscellaneous Provisions 17. 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 I component not meeting this condition will be considered a breach of the terms of this Agreement and will allow ! the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: ! The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. f 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. I The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as I codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status,financial status, or age. The City endorses 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 i that are available to persons without disabilities. i 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. ! 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of i 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. i 20. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a),the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential 5of9 and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, i 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 j connection with the transaction of official business of the City. ! Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the ` i Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. i 1 i I i 6of9 Exhibit 1 /Project Description Project Description Grant monies will be used to help support the promotion and production of the 4t" WorldOutgames Miami Beach-Miami 2017 to be held in Miami Beach-Miami May 26 — June 4, 2017. This will provide a positive economic impact to the city and bring visitors from around the world. The event will build community &diversity and will increase the visibility of the City on a global stage. The following expenses will be incurred in the delivery of these services: • Administrative Salaries • Office Rent • Program Supplies • Accounting/Legal Services • Marketing See Exhibit 2 for a complete budget break-down. The Grantee will support the following City Key Intended Outcomes and provide documentation of such: • Enhance the economy by employing local people&increasing tourism • Increase Community Satisfaction with City Government by increasing tax income from sources other than local residents. j • Promote and Celebrate our City's Diversity • Promote the City on a Global Stage • Increase the City's Exposure as a Global Sporting Venue j Grantee Responsibilities i 1. The Grantee's funded services will support the following Citywide Key Intended Outcomes: • Enhance the economy by employing local people&increasing tourism • Increase Community Satisfaction with City Government by increasing tax income from 1 sources other than local residents. • Promote and Celebrate our City's Diversity • Promote the City on a Global Stage • Increase the City's Exposure as a Global Sporting Venue 2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by providing the following: a. Two Quarterly written reports and a Final Report(May 1,August 1 and Oct 15,2014) b. Copy of Financial report for periods ending July 30 and September 30,2014 c. Summary of accomplishments in regards to Key Initiatives as outlined in Exhibit 3 3. The Grantee will maintain the following as evidence of expenses incurred for supporting existing minority business and education enhancement programs offered to the community. a. Payroll records(including salary,fringe, benefits,etc.) b. Rent invoices(with cancelled checks) c. Supplies and Services receipts(invoices and cancelled checks) d. Contracts/Agreements in regards to services provided 4. The Grantee will submit a final report no later than October 15, 2014 which documents the efforts undertaken to support the Key Intended Outcome and including: a. Summary of overall project and its impact on the identified key intended outcomes b. Final project budget 7of9 Exhibit 2/Project Budget See Attached Document I i i t I 8 af9 Exhibit 3/Key Initiatives 1. Marketing/Public Relations a. Consultant Identified- March 2014 b. Plan Reviewed and Finalized- April 2014 c. Announce First International Spotlight Champion Nov 2014 d. Website—Official Launch June 2014 e. Attend or Presence at 3 US/International events - October 2014 2. Operations a. Office Space Secured—May 2014 b. Supplies/communication equipment purchased—May 2014 f c. CEO Identified and Hired by BOD-June 2014 3. Competitions ? a. Venues-Secure Final Letters of Commitment -Sept 2014 I 4. Human Rights a. Leadership/Committee Announced (made up of Global Human Rights Professionals,Jim Willets)- July 2014 5. Revenue 1 a. Secure$150,000 in funding(Government/Corporate/Individual)—Aug 2014 i b. Secure Conformation of at least 5 International Sporting Organizations that are committed to hold their annual tournaments for 2017 as part of WOG 2017—Nov 2014 c. Secure$50,000 grant from Miami Beach Visitor and Convention Authority(VCA),which will be used to reimburse the City upon receipt of the VCA grant no later than Sept 30,2014. 6. Registration i a. Officially Opens—July 1,2015 I 9 of 9