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HomeMy WebLinkAboutExhibit 1o Natrona ecreat• on and Park Association September 22, 2011 Donald C. Lutton Superintendent Department of Parks and Recreation City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Dear,Mr. Lutton, It is a pleasure to inform you that the National Recreation and Park Association has approved a Soccer For Success grant to the City of Miami Department of Parks and Recreation. The total grant value is $1 11,340 comprising cash of $55,000 and value -in -kind of $56,340. Terms and conditions concerning the expenditure of grant funds and operation of the grant program are contained within the attached Grant Agreement. Please signify your agreement to these teams and conditions by having a duly authorized officer sign and return a copy of this letter. Upon receipt .of this signed letter, a check will be issued to the City of Miami Department of Parks and Recreation. Signature Printed Name Title Once signed, please scan and e-mail this letter to Jimmy O'Connor, Senior Manager of Corporate Grants, at joconnor@nrpa.ora.. Please do not hesitate to contact Jimmy directly at (703) 858-2177 should you have any questions. Sincerely, Rebecca &line Senior Director of Development �c <<-►)aI 22377 Belmont Ridge Road I Ashburn, Virginia 120148 I www.nrpa.orq 703.858.0874 I Fax 703.858.0 7.94 GRANT AGREEMENT Pursuant to this Grant Agreement ("Agreement"), dated as of August 1, 2011 ("Effective Date"), the National Recreation and Park Association ("Association") agrees to award the Grant described below ("Grant") to the City of Miami Parks and Recreation ("Grantee"), and Grantee accepts such Grant, on the teens and conditions set forth below. 1. Grantor: Grantee: National Recreation and Park Association Attn: Partner and Business Development 22377 Belmont Ridge Road Ashburn, VA 20148 City of Miami Parks and Recreation Attn: Office of Grants Administration 444 S.W. 2nd Avenue, 5th floor Miami, FL 33130 2. Grant Project: Through partnership with the U.S. Soccer Foundation ("Foundation"), the Association is managing the implementation of the Foundation's Soccer for Success Program ("Program"). Grantee will use the Grant to help defray the cost of the Program. The Program will be directly implemented within economically disadvantaged communities within the City of Miami and benefit at least 1,000 children and youth. 3. Grant: Grant to be awarded shall be in the foil,. of a credit for products and services ("Value - In -Kind") and cash ("Cash") and shall be valued in an amount equal to $111,340. The Grant will be disbursed as follows: Cash: Upon the Association's receipt of an executed Grant Agreement, $55,000 will be disbursed in a single installment. Cash shall be used to fund the following: • Grants distributed to fund the following: o Coaches — $50,000 o Events/Parental Engagement/Awards/Snacks - $4,000 o Urban Soccer Symposium - $1,000 to be spent for travel/lodging associated with the attendance of at least one program staff member at the 2012 Urban Soccer Symposium in Washington, DC. Value -In -Kind: Foundation will provide Value -In -Kind, in the amount of $56,340, which will be distributed to the Grantee to fund the following: • Players/Coaches Kits - $44,840 for equipment that may include, but not be limited to, a jersey, shorts, shinguards, socks and a ball for each participant. • Equipment - $8,000 for equipment that may include, but not limited to, goals, cones, balls, pennies, and other training equipment through Eurosport. • Training - $2,5.00which will include Program Curriculum/Training Manuals and travel costs associated with a Foundation Training Session. • Background Checks - $1,000 which will include appropriate background checks for all coaches/volunteers associated with the Soccer for Success program. 4. Term: The initial team ("Term") of the Grant is one year. The Grant Year will commence on August 1, 2011 and conclude on July 31, 2012. 5. Facts and Representations True and Correct: Grantee affirms the truth of the facts and representations made in Grantee's Proposal to Association and that no events have occurred since the date of such which have materially and adversely altered the truth or reliability of the Proposal, the tax status of Grantee, or the ability of Grantee to successfully accomplish what it promised in the Proposal. Grantee agrees to immediately inform Association of any material change in Grantee or the Project, which might affect any terms of this Agreement. Grantee represents to Association that the Program does not violate any applicable law, regulation, ordinance, lease, or otherwise violate the rights of any person or entity. 6. Use of Grant: The Grant will be used only for those lawful purposes authorized under IRS - Code Section 501(c)(3) and, in particular, for those purposes described in Grantee's Proposal submitted to the Association and upon which the Association relied in its selection of Grantee. Any part of the Grant not used for the purposes consistent with IRS Code Section 501(c)(3), and otherwise in accordance with this Agreement, shall be immediately returned or reimbursed to the Association. 7. Rescission of Unused Grant: Any portion of the Grant which is not expended on the Program by July 31, 2012, as described in Section 4, shall be immediately subject to rescission. 8. Grantee Books and Records: Opportunity to Receive Contributions: (a) Grantee agrees to maintain sufficient operating and financial books, records and related documentation regarding the activities of Grantee and other evidence sufficient for Association to satisfy its fiduciary, public and governmental responsibilities and duties regarding the Grant made by it to Grantee. Association shall have reasonable access to the books and records of Grantee for inspection purposes and shall be entitled to copies, as they relate to the Program. (b) Grantee agrees, for a period of sixty (60) months following the Effective Date, to include in all materials, used in connection with soccer activities associated with the Grant a listing of Foundation's website www.ussoccerfoundation.org. 9. Grantee Reports: (a) Performance Reports: Grantee shall provide Performance Reports to Foundation and Association on or before December 31 and June 30 of Grant Year. Performance Reports shall include (i) a narrative, not to exceed 7 pages, describing the quantitative and qualitative progress of the Program and any changes to the Program; (ii) a budget report, in spreadsheet faun, documenting the expenditure of Grant funds for the year; (iii) photographs, in electronic form, documenting the Program's impact for the year; and (iv) a Program success story that may be utilized within Foundation's and Association's electronic newsletter, website and oth`.r such communication tools. -2- (b) Body Mass Index Data: Grantee shall provide pre- and post- Body Mass Index data for all participants. Foundation will provide Grantee with the appropriate materials and training to properly conduct the assessments. (c) Pre- and Post- Surveys/Assessments: Grantee shall provide pre- and post- nutrition and behavior surveys for all participants. Grantee shall conduct and provide pre- and post - fitness assessment data (e.g., PACER or "beep" test) as requested. Foundation will provide the Grantee with the appropriate materials and training to properly conduct the surveys and assessments. (d) Photographs of the Program: Foundation and Association shall have the right to use all photographs provided by Grantee in its Performance Reports to publicize Foundation's and Association's support of the Program and Foundation's philanthropic efforts in general. Grantee will ensure that all necessary permissions have been granted for use of such photographs before providing such to Foundation and Association and will infotni Foundation and Association of any requirements for credit to be given when particular photographs are used. (e) Delivery: All Reports, as well as the associated data, will be delivered to Association in electronic form to ioconnor a,nrpa.org. 10. Program Staffing: (a) Child to Coach Ratio: Grantee shall maintain a minimum of a 15:1 child to coach ratio. At least one (1) coach per 45 children must be an experienced and trained soccer coach. (b) (c) Staff Selection: Grantee is responsible for the selection of its employees, volunteers, coaches, instructors, trainers, officials, agents and other personnel who will serve at the Program ("Program Staff"). Background Checks: In an effort to protect the children participating in the Program, all Program Staff will be required to go through a comprehensive background screening conducted by a vendor approved by the Foundation. Such screening shall include the following law enforcement and public records background checks: ▪ Criminal History Check ▪ Sex Offender Registry Check • Social Security Number Check ▪ Address Checks Grantee is responsible for securing the appropriate consent, authorization and release • font's from the Program Staff. Grantee agrees that any Program Staff who have been convicted of or plead guilty to any crime(s) involving any sexual, physical or verbal abuse of children will not be , permitted to :.serve :or, interact- with the children participating in the Program. -3- (d) Volunteers: Grantee shall require all Volunteers serving as a member of the Program Staff to sign a waiver and release form approved by the Foundation. (e) Training: As designated by the Grantee, the program administrator and coaches must attend a training delivered by Foundation staff. The training date, time and location will be agreed upon by both parties. 11. Program Operations: (a) Operation: Grantee shall operate the Program at least three (3) days a week, with at least 60 minutes of physical activity during each day of the Program. The Program must operate for at least 24 weeks during the Term of the Agreement. Grantee hereby acknowledges and agrees that it is solely responsible for the organization, management and operation of the Program and that the Foundation and Association shall have no obligations arising from the Program whatsoever, except for such obligations specifically described in this Agreement. All costs and expenses relating to the Program beyond the Grant afforded by the Foundation and Association pursuant to this Agreement shall be the sole responsibility of the Grantee. (b) Nutrition and Parental Components: Grantee shall integrate a nutrition and parental engagement component as provided by Foundation. (c) General Conduct: Grantee agrees not to permit any activities during the Program which are inappropriate or may damage the reputation of the Foundation or Association and the Foundation Parties or Association Parties. Neither Grantee, it's Program Staff or anyone under Grantee's direction or control shall (i) engage in any fighting or use physical force; or (ii) use or encourage any abusive, obscene, objectionable or inappropriate language, behavior, gestures or displays toward any person. 12. Site Visits: (a) Ad Hoc Visits: Grantee will use its best efforts to acconunodate any representative of Foundation who requests to conduct a site visit, at the sole cost of Foundation, for the purposes of collecting information about the Grant and/or for marketing purposes. (b) Open House: Grantee shall host, and schedule in consultation with Foundation, -one Open House event per Grant Year in which Foundation's staff, Board of Directors, and/or Donors can observe the Program in -person. 1.. Publicity Material and Recognition: Association and Foundation shall have the right to publicize, show photographs of, and use the name of the Grantee and the Program and otherwise promote its contributions to the Program in any and all media, including the Internet. In addition, Grantee shall provide the following recognition elements, making certain that each adheres to the Foundation's Branding Guidelines: (a) Foundation logo will be displayed on Grantee's homepage with a hyperlink to Foundation's homepage. -4- (b) Foundation shall be recognized on all related materials distributed throughout the Program at all Program sites. Foundation shall have the right to display a Foundation banner at all of the Grantee's Program sites during Program operation hours, except where Program site rules prohibit such. Foundation will provide Grantee with banners for such display. (c) (d) Foundation logo will be displayed on all uniforms provided by Grantee to its Program participants during the Tenn of the Grant. As mentioned above, and as noted within the Foundation's Branding Guidelines, all logos, names or other marks contained on the official uniforms of the Program must first be approved by Foundation. Foundation shall be included within a Press Release, announcing the awarding of the Grant, which will be distributed to Grantee's community. In addition, Grantee will also make best efforts to note the support of relevant Foundation Partners. 14. Use of Logo: In the event Grantee desires to use a logo owned or controlled by Foundation in a manner consistent with this Agreement, Grantee shall first submit a sample or concept of the proposed use to Foundation for prior written approval. Such approval may be withheld in Foundation's sole discretion. Any such use by Grantee shall create no rights for Grantee in or to the logo. Each logo shall remain .at all times the sole and exclusive intellectual property of Foundation, and Foundation shall have the right, from time to time, to request samples of use from which it may determine compliance with these teiius and conditions. Foundation reserves the right to prohibit use of its logo if it deteiiiiines, in its sole and absolute discretion, that usage thereof is not in accordance with the telnis and conditions of this Agreement. 15. Grant Not Assignable: The Grant is intended solely for the benefit of Grantee. No benefit of the Grant may be delegated, assigned or otherwise transferred without the advance, written consent of Association, which consent shall be in the sole and absolute discretion of the Association. 16. Proper Authority: Each of the parties and its officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. 17. Absence of Warranties: FOUNDATION AND ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND; EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE GRANT, THE GRANT PROJECT OR THE PERFORMANCE BY PARTNERS OF ANY SERVICES. IN NO EVENT WILL FOUNDATION OR ASSOCIATION BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER. 18. Indemnification: Grantee agrees to indemnify, defend and hold harmless Foundation and Association, its parent, subsidiary' and affiliated companies, sponsors, benefactors; donors, officers, directors, employees, accountants, attorneys, agents, successors and assigns -5- ("Foundation/Association Parties") from and against any and all third party claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal/attorneys' fees and expenses arising out of or related to any legal proceeding and any legal appeal) ("Claim" or "Claims") related to the Grant, the Program or this Agreement and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, resulting from any claim (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with operation, location, or condition of the Program, or any person's participation in the Program, whether authorized or unauthorized, proper or improper. Grantee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement. Without limiting this obligation, Grantee will maintain the insurance described in Section 19 of this Agreement. 19. Insurance: Throughout the Term of the Agreement, Grantee shall provide and maintain, at its expense, the following insurance which shall protect Grantee and the Association on a primary basis from any and all Claims arising out of or in connection with the Grant, the Program and the obligations of Grantee pursuant to this Agreement. (a) Commercial General Liability insurance with limits not less than $ 1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for premises liability, contractual liability, products -completed operations, participant legal liability, personal and advertising injury, property damage and bodily injury liability (including death). Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds. (b) (c) Automobile Liability insurance covering liability arising out of the Grantee's use, operation and/or maintenance of any auto (including buses), with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage. Workers' Compensation insurance covering employees of Grantee serving at the Program, with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease -each employee and $1,000,000 disease -policy limit. (d) Umbrella and/or Excess Liability insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability, Auto Liability and Employer's Liability policy limits. (e) Participant Accident insurance covering all Participants in the Program with limits not less than $10,000 per participant for Accident Medical coverage and $1,000 per participant for AD&D coverage. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the Program; and (2) shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Program takes place. Grantee shall not allow any of the required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days ` prior written notice thereof to Foundation. -6- Upon execution of this Agreement and at each renewal of the required policies, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 20. Participant Waiver and Release Forms: Grantee shall require the parents/legal guardians of all Participants in the Program to sign a waiver and release form approved by the Foundation. 21. Applicable Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to principles of conflict of laws. Each party agrees that any action or proceeding with respect to this Agreement may only be brought in a federal or state court situated in the District of Columbia, and by execution and delivery of this Agreement, such party irrevocably consents to jurisdiction and venue in each such court. 22. Attorneys' Fees: Grantee agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by either Foundation in connection with any litigation concerning this Agreement should Foundation prevail against Grantee in such litigation, whether commenced by the Foundation or Grantee. 23. Third Party Beneficiaries: It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized signatories as of the date first above written. National Recreation and Park Association By: Name: Title: Date: City of Miami Parks and Recreation By: Date: Name: . Title: -7-