Grant Agreement with Boys and Girls Clubs of Miami-Dade County, Inc. $17,000 gc9 —021c1
'GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA(CITY)AND BOYS AND GIRLS
CLUBS OF MIAMI-DADE COUNTY, INC.{GRANTEE) FOR THE PROVISION OF AFTRESCHOOL AND
SUMMER YOUTH PROGRAMMING
This Grant Agreement is entered into this day of NtrVefA lee/ -2016, between the City and Grantee.
Article I/Grant Description
1. Grantee: Boys & Girls Clubs of Miami-Dade County, Inc.
Grant Contact: Alex Rodrigiez-Roig, Executive Director, Boys & Girls Clubs of Miami-
Dade County, Inc.
Address: 2805 SW 32nd Avenue
City, State, Zip: Miami, Florida 33133
Phone, fax, e-mail : 305-446-9910, 305-446-2393, aroig @becmia.org
2. Grant amount: $17,000.00.
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 parti,- hereto have executed this • Agreement this 711%% day of
N ew a et\ :-Ir ,-2•016. ' ' /
Philip Levine, Mayor
r
Attest:
7,....j,oe
1 / , ii ����......, ,,
Rafael E.Granado, City Clerk - �n n I p��1,,
\�`
(Grantee's Corporate Seal Here)
- \P-.*. \ . '9�����
*: - -�
INCORP °RATED! *1
GRANTEE: 4h0�ha2F7 ‘'
Federal ID#: 59-0879227
Signature: g •
BY: Alex Rodriquez-Roig STATE OF FLORIDA, COUNTY OF MIAMI-DADE
Printed Name of Organization's Authorized
Representative
The foregoing instrument was acknowledged before
(City Attorney Approval Here) me this 2.5 day of OCf- 2014
by Alex( P d/igUeZ -20i5 of
3a ys $ G%!IS uW d' OP rn-b.1,04. , a not-for-
profit corporation. He/She is personally knowp to me
or has produced
as identification.
Signature of Notary Public
Notary Name: 'R ae �-t°M? 1-1d z
APPROVED AS TO Notary Public, State off-Florida
FORM & LANGUAGE
& XE�UTION A RAQUEL FERNANDEZ
Notary Public-State of Florida
( p —2_0-1 te My-Commission mi :,. omm.Expires Mar 2,tote
••. X71--��W:,
"48f ��,•• �kssion#FF 97464
City Attorney j� Date Expires: „,,,,"'
�J
-2-of7
•
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.
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 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 serve income-eligible youth residing in the City. 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 30th of such year, must submit their final reports no later than
October 15`h of that year).
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.
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 Boys and Girls Club Flamingo Park Center 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. [ITEM INTENIONALLY DELETED]
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 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
3 of 7
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.
•Given that the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity
shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other
claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of
action which may arise as a result of the negligence of the Grantee entity.
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.
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: Office of Housing and Community Services, 1700
Convention Center Drive, 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
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.
4 of 7
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 Chapter 62 of the City Code, and as amended from time to time, prohibiting actual or perceived
discrimination in employment, housing, public accommodations or public services on the basis of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital status, financial
status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation,
or political affiliation.
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.
5 of 7
•
Exhibit 1 /Project Description
Completely describe Project. Please be as specific as possible; name of event, specific milestones, goals and
objectives to be accomplished, etc. Use extra page(s) if necessary.
Grantee will provide free afterschool programming (including homework assistance, recreation activities and
field trips) to up to eligible low-income youth residents of the City during the school year and up to 300 low-
income youth residents of the City during the summer months.
6 ot 7
Exhibit 2/ Project Budget
Attach a copy of the total Project budget. Round off all numbers to the nearest dollar.
$17,000 for staffing, health and liability insurance, transportation for field trips and program supplies
• Line Item Expense Total
Unit Director Salary ($44,138.43 x 0.20 FTE) $7,321.60
Health Insurance $ 945.98
Payroll Taxes(FICA) $ 560.10
Liability Insurance $2,672.32
Program Supplies (i.e. bag cubbies, t-shirts, art/crafts, etc.) $2,000.00
Transportation (field trips) $ 3,500.00
7 of 7