2016-29556 Reso RESOLUTION NO. 2016-29556
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION,
BETWEEN THE CITY AND THE MIAMI BEACH WATERSPORTS
CENTER INC., IN THE TOTAL AMOUNT NOT TO EXCEED
$85,000.00, TO SUPPORT THE PARA-ROWING PROGRAM AT
RONALD W. SHANE CENTER.
WHEREAS, Miami Beach Watersports Center Inc., a not-for-profit Florida corporation, has a long
term ground lease with the City for the property located at 6500 Indian Creek Drive (The Ronald W,
Shane Center, "the Center"); and
WHEREAS, Miami Beach Watersports Center Inc. operates the Miami Beach Rowing Club, a
premier rowing club which has recently undertaken a para-rowing program ("the Program")for rowers with
a disability; and
WHEREAS, the Program has grown in popularity and needs financial assistance to expand, with
the cost to operate the expanded Program estimated at$150,600 annually; and
WHEREAS, as part of the Parks and Recreation Department's FY 16/17 Current Service Level
Budget, $85,000.00 has been earmarked to partially fund the Program at the Center; and
WHEREAS, the Administration recommends executing a Grant Agreement with Miami Beach
Watersports Center, providing that the City will reimburse Miami Beach Watersports Center for the
purchase of adaptive equipment necessary to support the expansion of the Program; and
WHEREAS, pursuant to the Grant Agreement, Miami Beach Watersports Center shall provide
priority in the Program to Miami Beach Residents and U.S. Military Service Members; and
WHEREAS, the Grant Agreement will require the Miami Beach Watersports Center's to provide a
report on the number of participants trained, how the funds were spent and the Program's
accomplishments in relationship to the funds provided by the City; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve and
authorize the City Manager to execute a Grant Agreement, substantially in the form attached as Exhibit
"1" hereto.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the City Manager to execute a Grant Agreement, substantially in the form attached to this
Resolution, between the City and Miami Beach Watersports Center Inc., in the total amount not to exceed
$85,000.000, to support the para-rowing program at Ronald W. Shane Center.
PASSED and ADOPTED this 14th day a::"=` 7. ,_2016.
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MIAMBEACH
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 this_day of , 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(c rowmiamibeach.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, 2017
6. Project completion date: September 30, 2017
7. "Final Report deadline: Must be postmarked or delivered no later than 15 days after Project
completion date.
EXHIBIT
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of
, 2016.
Philip Levine, Mayor
Attest:
Rafael E. Granado, City Clerk
•
GRANTEE:
Miami Beach Watersports Center, Inc.
Federal ID #: 65-0592531 STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before
me this day of 2016,
BY: by Elaine Roden, as Executive Director of Miami
Elaine Roden, Executive Director Beach Watersports Center, Inc., a not-for-profit
Florida corporation. He/She is personally known to
me or has produced
as identification.
(Grantee's Corporate Seal Here) Signature of Notary Public
Notary Name:
Notary Public, State of Florida
My Commission Expires:
(City Attorney Approval Here)
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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, 2017 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 September 30, 2017, 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 11-12.
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, 4th 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 Ill/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 teaches people 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 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 MB Watersports shall purchase specialized adaptive equipment, in an amount not to
exceed $85,000.00, to support the Program, which equipment costs shall be reimbursed by
the City as set forth herein. Equipment purchased must be strictly for the Program and must
be approved, in writing, by the City Manager or the City Manager's designee, prior
purchasing said equipment.
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.
• 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 equipment shall 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.
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3. The Grantee will submit a final report no later than October 15, 2017 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. full names, ages, and addresses of the participants in the Program;
iii. a detailed report on how the funds were spent, including, without limitation,
Order forms for the purchase of the approved equipment; cancelled checks,
receipts or other evidence of payment for the approved equipment; and copies of
the warranty for the approved equipment.
iv. The Program's accomplishments in relationship to the funds provided by the
City;
v. photos of para-rowing athletes using the new adaptive equipment; and
vi. any additional information/documentation which the City Manager or his
designee may reasonably request to verify the impact of the equipment upon the
Program; and
b. A Final Project budget.
4. Within fifteen (15) days from receipt of the final report and final Project budget, the City Manager's
designee shall reimburse the Grantee for the purchase of the equipment.
5. 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 2016-
2017 fiscal year.
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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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Resolutions - C7 AG
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE
MIAMI BEACH WATERSPORTS CENTER INC., IN THE TOTAL AMOUNT NOT TO
EXCEED $85,000.00, TO SUPPORT THE PARA-ROWING PROGRAM AT
RONALD W. SHANE CENTER.
RECOMMENDATION
Administration respectfully requests approving and authorizing the City Manager to execute a Grant
Agreement between the City and the Miami Beach Watersports Center Inc., for a total sum not to
exceed $85,000.00, to support the para-rowing program at the Ronald W. Shane Center.
ANALYSIS
The Miami Beach Watersports Center Inc. ("MB Watersports") is a Florida not-for-profit
organization that runs a premier rowing club with over 250 members, mostly all Miami Beach
residents. They offer a para-rowing program, which teaches people with disabilities how to row
and provides a training facility for competitive para-rowers. MB Watersports 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.
During the City's FY 15/16 budget process, a Budget Enhancement Request of $85,000.00 for
2015-2016 was granted to partially fund the para-rowing program at the Ronald W. Shane
Center. A Grant Agreement was executed and MB Watersports has purchased adaptive
equipment to support the para-rowing program. They have worked with the Parks and
Recreation Department on providing proof of purchase and payment, and continue to be
reimbursed accordingly. In accordance with their Grant Agreement, MB Watersports will be
preparing a report for the City of Miami Beach Commission on their purchases and
accomplishments during 2015-2016.
As part of the Parks and Recreation Department's Current Service Level Budget for FY 16/17,
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Administration is ready to execute a second Grant Agreement with MB Watersports for
$85,000.00 for FY 16/17. The Grant Agreement will mirror the same requirements as the past
agreement, which requires the grantee to provide a report on the number of participants trained,
how the funds were spent and the program's accomplishments in relationship to the funds
provided by the City. Priority shall be given to Miami Beach Residents and U.S. Military Service
Members.
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Description
❑ Resolution
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