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Grant Agreement with the Florida Junior Golf Council (FJGC) t 1 7 � Florida Junior Golf Council Junior Golf Grant Program - Grant Agreement THIS GRANT AGREEMENT, entered into this February 3 ,2015, by and between the Florida Junior Golf Council (FJGC), hereinafter referred to as the"Grantor"and the City of Miami Beach, hereinafter referred to as the"Grantee". WITNESSETH WHEREAS, the Grantor is empowered by Florida Statutes,to make grants of funds in accordance with promotion of the Florida Junior Golf Council and, WHEREAS, the Florida Junior Golf Council has approved an appropriation for such grant. IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth, agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their,respective addresses for the purposes of this Agreement are: Florida Junior Golf Council c/o Florida State Golf Association 12630 Telecom Drive Tampa, FL 33637 . grants @fjgc.org �t�:r0 .,err'- Arx rartAr r.-•r e•� 11-W,; -� ' s.`f e�v c ilfW01 5 mss' •gnu 'tom- P�.��rj�-7�tFc�i`-�cw,,k,. 4 eC eIC Yb C ge tgY r e t 2.0 NOTICES: All notices between the parties, provided for herein, shall be conveyed by confirmed fax, confirmed email, confirmed telex or certified mail, return receipt requested, delivered to the address of the parties as set forth in section 1.0 above. 3.0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance grant application hereto attached subject to any modifications specified. Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose. a) Grantee: T IfYoflliam B:1aci ' ei° I _ 4 A .. ,_ mot . b) Name of Program Grant Number - 05 .7 ** titat - `�` d) Total Amount of Grant: _ d100Q70g4 e) Grant Period: PSVg0Rir3aVra r *:z` f) Reporting Schedule: Grantee shall submit final report and request for reimbursement within ninety(90)days of the last day of the program, incurred by Grantee during the Grant Period will be eligible for reimbursement. Florida Junior Golf Council Grant Contract Page 1 4.0 GRANT REQUIREMENTS: (a) Signage: Grantee agrees to initiate efforts to market the golf license plate. Grantor agrees to provide logo and advertising materials to assist the Grantee advertise the golf license plate accordingly. (b) Audit:Grantee will complete an accounting of the program's financial activity within ninety(90)days after the program is complete. (c) Records: Grantee shall retain and maintain all records, including records of all payments made by the Grantee in connection with the program and available for financial audit as may be requested by the Grantor. Records shall include books, records, photos, documents and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Grant Agreement. Such records shall be retained for a minimum period of one(1)year after termination of this Agreement. (d) Cancellation: Grantee shall notify the Grantor immediately if the program is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven (7)days of such cancellation or rescheduling. (e) Insurance: Grantee shall provide proof of self-insurance to Grantor.insurancc program with a minimum liability coverage of$1,000,000 per occurrence. (f) Indemnification: Grantee shall act as an independent contractor and not as an employee of the Grantor in the performance of the tasks and duties, which are the subject of this Grant Agreement.The Grantee shall be liable, and agrees to be liable for,and to the extent allowed by law and 47 subject to the limitations on Grantee's liability at forth in Section 768.281, Florida Statutes, shall indemnify, defend, and hold the Grantor harmless from all claims, suits,judgments, or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. 5.0 TERMINATION: (a) Breach: The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24) hours written notice from the time the Grantor becomes aware of the breach. If Grantor determines that a breach of any provision of this agreement has occurred, Grantor has the right to withhold a portion of the grant award as determined by the Board of Directors. (b) Refusal to Grant Public Access: This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. (Section 287.058, Florida Statutes) 6.0 PAYMENTS: (a) Transfer of Funds.Two payments are hereby agreed to and funds will be transferred and made available by the Grantor to the Grantee per the following payment schedule and requirements: a. Payment Schedule; 1.The Grantor, upon receipt of a fully executed Grant Agreement, will disburse one payment of one-half of the Grant Award to the Grantee. 2.The final disbursement of the remainder of the Grant Award will be made after the Grantee submits the final report and request for reimbursement within ninety(90)days of the last day of the program, and satisfaction of all other requirements per this Grant Agreement has been met. Florida Junior Golf Council Grant Contract Page 2 b. Requirements: 1.All disbursements/payments are considered a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period. 2. Only those items identified in the Grantee's approved Grant Application will be reimbursed. (b) Availability of Funds: The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated funds generated by the Florida Golf License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal,the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sale of license tags.The Grantor shall be the final determiner of the availability of such funds. 7.0 LEGAL REQUIREMENTS: (a) With respect to its interpretation, construction, effect, performance, enforcement, and all other matters,this Grant Agreement shall be governed by, andbcronsittet with, the whole law of the state of Florida, both procedural and substantive. Any and all ' ation arising\under this Grant 49 Agreement shall be brought in the appropriate state of Florida cou in Miami-Dade County, Florida. (b) Grantee agrees to comply with any applica le federal, state and local laws related to the execution of the program. 8.0 MODIFICATION:This writing contains the entire Grant Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. No Florida Junior Golf Council Grant Agreement agent, employee, or other representative of either party is empowered to alter any of the terms of this Grant Agreement, unless done in writing and signed by an executive officer of the Grantee and designee for the Grantor. 9.0 ASSIGNMENT: Grantee is not permitted in any manner to assign its rights or obligation under this Grant Agreement. 10.0 MISCELLANEOUS: Limitations on the recovery of damages which are specifically provided by Florida Statute or general law or established by rulings of Florida courts shall apply to this Grant Agreement. Such limitations include, but are not limited to, the following: (a) As an agency of the government of the State of Florida, the Grantor is liable for damages only to the extent provided by section 768.28, Florida Statutes, and any other applicable Florida Statutes. (b) The Grantor is not bound by any agreements to indemnify, hold harmless, or for liquidated damages or cancellation charges. • (c) No provision of this Grant Agreement shall be construed as a waiver by the Grantor of any right, defense or claim,which the Grantor may have in any litigation arising under the Grant Agreement. Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. • • Florida Junior Golf Council Grant Contract Page 3 IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. FLORIDA JUNIOR GOLF COUNCIL )2/1/7 B--and Chairr i lorida Junior Golf Council Date • GRANTEE: v Now Sign iure of Au ihorized Agent 1 City M'.nager Title 1- I (1 Date • . APPROVED AS TO FORM & LANGUAGE & O XE TION N; °_` j ✓ City Attorney Date Florida Junior Golf Council Grant Contract Page 4