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Grant Agreement with Miami Beach Watersports Center Inc. ao16- 2.95-510 CA MIAMI BEACH 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%ti day of 4'TiaSER, Zo”.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 @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. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 1 CI day of Oc 3111 , 2016." Philip Levine, Mayor Attest: j' ?�� ` \\ B C,9 1, Rafael E. Granado, City Clerk ' ebb` _A,,i $ -k 1NCORP ORATE): • GRANTEE: 401 c Miami Beach Watersports Center, Inc. *;�P(-i `Z 5 Federal ID#: 65-0592531 r4:i STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this a T day of Se-P/604 e;t 2016, BY: by Elaine Roden as Executive Director of Miami Elaine Roden, Executive Director y Beach Watersports Center, Inc., a not-for-profit Florida corporation. He/She is personally known to me or has produced . Pr.'L'e 1 S L;Ce Se as identification. Grantee's Corporate Seal Here) F-4411 — p ) Signa 4 re • ary ;;n RAMON SEBASTIAN QUEZADA ? Notary Name: ; MYCOMMlSSION#GG030520 . Public underwriters Notary Public, State •. BondedThruNotary My Commission Expires: (City Attorney Approval Here) APPROVED AS TO FORM & LANGUAGE & FOR XECUTION City Attorney jr Date -2-of8 Article Ill 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 15'"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 before October 6, 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. 3of8 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. 4 of 8 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) 5of8 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. 6 of 8 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. 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 he participant is a service member; iv. 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. 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; 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. 7 of 8 Exhibit 2/ Project Budget The purchase of approved specialized adaptive equipment to Support the Program $ 85,000.00 Total Grant Funds $85,000.00 8 of 8 Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE 4 s ,. �, DIVISION OF CORPORATIONS - - - _ - - - Sfr:= 2 1 Detail by Entity Name Florida Not For Profit Corporation MIAMI BEACH WATERSPORTS CENTER INC. Filing Information Document Number N95000003174 FEI/EIN Number 65-0592531 Date Filed 07/05/1995 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 12/18/2015 Event Effective Date NONE Principal Address 6500 INDIAN CREEK DRIVE MIAMI BEACH, FL 33141 Mailing Address 6500 INDIAN CREEK DRIVE MIAMI BEACH, FL 33141 Registered Agent Name &Address Shane, Ronald W. 6500 INDIAN CREEK DRIVE MIAMI BEACH, FL 33141 Name Changed: 01/19/2016 Address Changed: 01/05/2012 Officer/Director Detail Name &Address Title PD SHANE, RONALD W 2522 FISHER ISLAND DR MIAMI, FL 33109 Title D Shane, Susan http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui rytype=Entity... 9/21/2016 Detail by Entity Name Page 2 of 3 6500 INDIAN CREEK DRIVE MIAMI BEACH, FL 33141 Title D Cheema, Balwant 1015 47TH STREET MIAMI BEACH, FL 33140 Title D Gelber, Dan 760 NE 71ST ST MIAMI, FL 33138 Annual Reports Report Year Filed Date 2014 01/09/2014 2015 01/09/2015 2016 01/19/2016 Document Images 01/19/2016 --ANNUAL REPORT View image in PDF format 12/18/2015 --Amended and Restated Articles View image in PDF format 01/09/2015 --ANNUAL REPORT View image in PDF format 01/09/2014 --ANNUAL REPORT View image in PDF format 01/30/2013--ANNUAL REPORT View image in PDF format 01/05/2012 --ANNUAL REPORT View image in PDF format 02/17/2011 --ANNUAL REPORT View image in PDF format 04/28/2010 --ANNUAL REPORT View image in PDF format 05/04/2009 --ANNUAL REPORT View image in PDF format 04/30/2008 --ANNUAL REPORT View image in PDF format 03/29/2007 -- ANNUAL REPORT View image in PDF format 02/15/2006 --ANNUAL REPORT View image in PDF format 04/22/2005 --ANNUAL REPORT View image in PDF format 04/01/2004 --ANNUAL REPORT View image in PDF format 03/10/2003 --ANNUAL REPORT View image in PDF format 12/05/2002 --Amendment View image in PDF format 07/22/2002 --ANNUAL REPORT View image in PDF format 02/01/2001 --ANNUAL REPORT View image in PDF format 01/24/2000 --ANNUAL REPORT View image in PDF format 03/01/1999--ANNUAL REPORT View image in PDF format 02/03/1998 --ANNUAL REPORT View image in PDF format 04/16/1997 --ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inquirytype=Entity... 9/21/2016 Detail by Entity Name Page 3 of 3 03/28/1996 --ANNUAL REPORT View image in PDF format 07/05/1995 -- DOCUMENTS PRIOR TO 1997 View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inqui ry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/21/2016 • 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 of Se. - r 2016. ATTEST: \\ , L' f p, \� •Gam.`_•.�i,, `, �. • r='PHILIP 1Fe R air O. RAFA L E. GRA ADO, Ct CLERK �•'. I ' APPROVED AS TO •A 41 FORM & LANGUAGE . -/ &FORE CUTION tok0 t. City Attorney j Date