Grant Agreement with Miami Beach Watersports Center Inc. 020 0.(
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GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA(CITY) AND MIAMI BEACH
WATERSPORTS CENTER INC. (MB WATERSPORTS or GRANTEE)TO SUPPORT THE PARA-ROWING
PROGRAM (PROGRAM) FOR ROWERS WITH A DISABILITY AT THE RONALD SHANE CENTER(CENTER)
'LOCATED AT 6500 INDIAN CREEK DRIVE MIAMI BEACH, FL 33141
This Grant Agreement is entered into effective as of this25ay of 044%11 cczi , between the City and Grantee.
Article I/Grant Description
1. Grantee: Miami Beach Watersports Center Inc.
Grant Contact: Elaine Roden, Executive Director
Address: 6500 Indian Creek Drive
City, State, Zip: Miami Beach, Florida 33141
Phone, fax, e-mail : 305.861.8876, 305.861.8441, elaine' rok,vmi3Mibeach.com
2. Grant amount: $85,000.00
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See Exhibit 2 hereto
5. Expenditure deadline: September 30, 2016
6. Project completion date: September 30, 2016
7. - Final Report deadline: Must be postmarked or delivered no later than 15 days after Project
completion date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ZS day of
.rw er.v) , 2016.
i
Philip Levine, Ma,or °/
-
Attest: A i op:. 4
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' adit ar 2.4 i 4....
Rafael E. Gran- , ity C i r 4, Y� B EA E����*tl,,,
4‘0............... c,GRANTEE: .—' \frr
Miami Beach Watersports Center, Inc. ; 0V-k,s :
Federal ID #: 65-0592531 ';1NGORp ST/a t! FLORIDA, COUNTY OF MIAMI-DADE
::J// Tai• f�s going instrument was acknowledged before
S11'li •' 0c3 .s I'day of t 2016,
BY. C _ L,U��SGp Gam^•-g--
����1h�CHvb'-:y Ronald W. Shane, as Chairman of Miami Beach
Ronald W. Shane, Chairman Watersports Center, Inc., a not-for-profit Florida
corporation. He/She is personally known to me or
has produced 4A bat L'l 4 S I 1 ) '',-
`
as identific ' .
. ,,,,,ie 4,4„,,_ 7';10,4/
(Grantee's Corporate Seal Here) Signature of Notary Public
Notary Name: G ' 4 017 OV niteeco
_ Notary Public, State of Florida
. My Commission Expires:
1
.. - 4.0`;`::.:'!"1,
GISELA NANSON TORRES
„�(,`,, * MY COMMISSION#EE 150933
'f ':‘ EXPIRES:April 6,2016
(City Attorney Approval Here) l44-oF'fte Bonded Thai Budget Notary Services
• APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t..� i�1ijh
City Attt rey .e i'tr Date
-2-of8 .
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, who will be the Director
of the Parks and Recreation Department.
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. Notwithstanding the
preceding sentence, amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the
prior written consent of the City Manager or his designee. Said requests shall be made in, in writing, detailing
and justifying the need for such changes.
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
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 September 30, 2016 must submit their final reports no later
than October 15th of that year). Notwithstanding the preceding, and as a condition of disbursement of the Grant
funds, the City Manager or his designee may require 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 subject to the Parties' execution of this
Agreement. At the time of a request for reimbursement, in addition to submitting a report, as described in the
preceding paragraph 3, Grantee shall submit a bill for the Grant sums being requested, along with
corresponding evidence of expenses and payments incurred in connection with the Project, such as payroll
records, invoices, credit card receipts, canceled checks etc. Invoices incurred prior to the fiscal year are not
reimbursable and invoices incurred after the end of the fiscal year are not reimbursable, unless previously
approved by the City. Any request for reimbursement of Grant funds (including the bill, requisite report and
corresponding evidence of expenses and payments), which is not received by October 15, 2016, shall be
forfeited.
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 before the Expenditure Deadline in
Article 1-5. 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.
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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 Program 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.
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.
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.
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.
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.
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 I-1 of
this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center
Drive, 4ch Floor, Miami Beach, Florida 33139.
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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
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
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.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as
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
that are available to persons without disabilities.
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
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.
(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
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Exhibit 1 /Project Description
Project Description—Key Intended Outcome—Purchase Adaptive Equipment to Support Para-Rowing
Program for Rowers with Disabilities
The Miami Beach Watersports Center Inc. is a Florida not-for-profit organization that runs a premier rowing club
with over 250 members, mostly all Miami Beach residents, at the Shane Center located at 6500 Indian Creek
Drive. They have recently undertaken a para-rowing program (the "Program"), which trains persons with
disabilities how to row and provides a training facility for competitive para-rowers. They have been designated
as the Paralympic Sport Club by the US Olympic Committee and have already qualified two members to the
national para-rowing team.
The Program has grown in popularity and needs financial assistance to expand. The annual cost to run the
program is estimated at$150,600 annually.
The Grant monies will be used to support the Program. The following expenses will be incurred in the delivery of
these services:
• The purchase of specialized adaptive equipment, as set forth in Exhibit 1, attached hereto and
incorporated herein by reference (the "Adaptive Equipment"), which will be used to support and
enhance the Program.
None of the Grant funds may be used toward administrative and overhead costs.
See Exhibit 2 for a complete budget break-down.
The Grantee will support the following Citywide Key Intended Outcome and provide documentation of such:
• Enhance Cultural and Recreational Activities
Grantee Responsibilities
1. The Grantee's funded services will support the Citywide Key Intended Outcome, as follows:
• With Respect to Program Work:
o Grantee shall purchase the Adaptive Equipment during the 2015-2016 fiscal year, in an
amount not to exceed $85,000.00, to support the Program, which equipment costs shall be
reimbursed by the City as follows:
▪ Grantee shall submit a request for reimbursement, which will include proof of
purchase for the Adaptive Equipment, including, without limitation, the purchase
order, copies of the warranty, cancelled checks, receipts, and other evidence of
payment as may be reasonably requested by the City Manager's designee; and
▪ The City shall reimburse Grantee within thirty(30)days from receipt of Grantee's
written request for reimbursement, including the requisite proof of purchase for the
approved equipment.
o Equipment purchased must be strictly for the Program.
o To the extent permitted by applicable laws and subject to demand, Grantee shall
provide a priority to Miami Beach Residents and U.S. Military Servicemembers (including
active members or veterans) in connection with the Program.
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• With Respect to the Purchased Equipment: •
o All equipment purchased and reimbursed by the City pursuant to the agreement shall
remain at all times the property of the Grantee. The equipmentshall be inventoried, used
by the Grantee, and stored at the Shane Center.
2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by
providing the following:
a. MB Watersports shall track the total amount of athletes trained in the Program;
b. MB Watersports will track the grant funds spent.
3. The Grantee will submit a final report no later than October 15, 2016 which documents the efforts
undertaken to support the Key Intended Outcome and including:
a. A Summary of overall Project and its impact on the identified key intended outcomes, including
the following:
i. the total Amount of athletes trained in the Program, including a breakdown of how many
of the participants were Miami Beach residents and/or military veterans;
ii. brochures generated for the Program;
iii. a survey, the form of which shall be approved by the-City's Parks Department, shall be
offered to the participants of the Program, which survey shall request the name of the
participant, the City and State where the ,participant resides, and whether or not the
participant is a service member;
iv. a detailed breakdown on how the-funds were spent;
v. the Program's accomplishments in relationship to the funds provided by the City;
vi. photos of para-rowing athletes using the new adaptive equipment; and
vii. any additional information/documentation which the City Manager or his designee may
reasonably request to verify the impact of the equipment upon the Program.
b. A Final Project budget.
4. Grantee shall be required to present its report-to the City of Miami Beach Mayor and City Commission,
during an agreed upon City Commission meeting, no later than six months from the end of the 2015-
2016 fiscal year.
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Exhibit 1
Miami Beach Rowing Club
Pararowing Equipment Budget FY 15-16
Five specialized seats for existing indoor equipment...$2500
This is a lightweight seat that attaches to the existing indoor rowing machines that
the club already owns. This seat allows athletes in the Arms/Shoulder category to be
able to use the machines because it provides the necessary support and stability
that they require. It has a safety strap for their hips and chest.
Racing boat, double$7700 (2)...$15400
These 2-man boats are necessary for athletes in the Trunk/Arms category because
that is the only event they can race in. These boats can, however, be used for the
Arms/Shoulders athletes to train in.
Racing boat, single $5600 (6)...$33600
These boats can be used by both the Arms/Shoulder athletes, and the Trunk/Arms.
7 sets of oars...$4600
The oars are specially designed by the same companies that supply oars to able-
bodied rowers. Depending on the classification of the athlete, they will require a
specific length and size for their oars. Each athlete will also have specific settings
based on their individual needs.
Trailer to transport boats to races...$10000
Athletes must provide their own boats at races, no matter how far away the race
may be. This trailer would transport our boats to regattas, along with all of the other
necessary equipment.
Wake-less motorboat for coach,with motor...$16720
This launch is designed to be less disruptive to the water, making it safer for use at
an adaptive practice. It also sits low to the water, making it easier to pull athletes
from the water if their boat were to capsize.
Exhibit 1
Miami Beach Rowing Club
Pararowing Equipment Budget FY 15-16
Five specialized seats for existing indoor equipment...$2500
This is a lightweight seat that attaches to the existing indoor rowing machines that the
club already owns. This seat allows athletes in the Arms/Shoulder category to be able to
use the machines because it provides the necessary support and stability that they
require. It has a safety strap for their hips and chest.
Racing boat, double $7700 (2)...$15400
These 2-man boats are necessary for athletes in the Trunk/Arms category because that
is the only event they can race in. These boats can, however, be used for the
Arms/Shoulders athletes to train in.
Racing boat, single $5600 (6)...$33600
These boats can be used by both the Arms/Shoulder athletes, and the Trunk/Arms.
7 sets of oars...$4600
The oars are specially designed by the same companies that supply oars to able-bodied
rowers. Depending on the classification of the athlete, they will require a specific length
and size for their oars. Each athlete will also have specific settings based on their
individual needs.
Trailer to transport boats to races...$10000
Athletes must provide their own boats at races, no matter how far away the race may be.
This trailer would transport our boats to regattas, along with all of the other necessary
equipment.
Wake-less motorboat for coach, with motor...$16720
This launch is designed to be less disruptive to the water, making it safer for use at an
adaptive practice. It also sits low to the water, making it easier to pull athletes from the
water if their boat were to capsize.
GPS training device (3)...$1200
These devices allow the athletes to see how far they have rowed, and keep track of time
while they are in the boat. They also provide direct feedback on every stroke to show the
athlete if they are improving, a very useful tool for new athletes, as well as those training
at the elite level.
Spare parts...$500
Due to the saltwater that we train in, the metal parts corrode very easily. It is important to
have spare parts to keep the boats in good working order and to increase their longevity.
Safety lights for boats (12)...$480
Peak rowing hours are in the early morning, and in the late-afternoon/evening. Safety
regulations require boaters to have a white light on the stern of their boat, and a green
and red light on the bow of their boat.
Total...$85,000
•
Exhibit 2 / Project Budget
The purchase of approved specialized Adaptive Equipment to Support the Program $85,000.00
Total Grant funds $85,000.00
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