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HomeMy WebLinkAboutExhibit - MOUa ional t1 ecrea on o an ark° ssoddat on MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), as of (Effective Date), is made between National Recreation and Park Association, a Virginia -based not -for -profit 501(c)3 with a mailing address of 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (NRPA) and City of Miami, ("City"), a municipal corporation, through its Parks and Recreation ("Department"), as a provider of park, recreation, or community services in Miami, Florida, collectively, "Grantee". I. Purpose The purpose of this MOU is to confirm approval of the terms and conditions governing the acceptance and use of Sixty Thousand Dollars ($60,000) made available to qualifying organizations for the implementation of agreed -upon Healthy Communities Fitness Initiative park programming as attached and incorporated ("Programming Plan"). In collaboration with The Coca-Cola Company, NRPA is managing the administration of grants intended to provide Programming in active spaces within public parks. Having been selected as a recipient of funding through this initiative, Grantee is required to accept the terms and conditions contained within this MOU in order to receive funding as a grant recipient. 2. Programming Funding A. Within 30 days upon execution of this MOU, NRPA will send Grantee a check in the amount of Sixty Thousand Dollars ($60,000) for grant funding of agreed upon Programming -related expenditures at City of Miami Parks. B. Funds will be distributed by NRPA. No matching funds are required. 3. Grantee Requirements Grantee will: A. Implement funding to provide Programming instruction in active space(s) over a two-year period in the City of Miam as part of the Park's Department "Healthy Communities Fitness Innitia.ve" in Parks as described below: Tennis Scholarships (Shenandoah) Fitness Classes (Yoga/Zuinba) (Shenandoah and other locations) Boot Camp (Shenandoah and other locations) B. Provide Programming in calendar years 2015 and 2016. C. Submit reports on Programming activities to NRPA as requested D. Submit a financial summary of how the grant funds were utilized upon completion of the Programming. F. Incorporate into the Programming some form of donor recognition to be mutually agreed upon, in writing, in advance and in accordance with all City required signage, banner or other applicable advertising or display rules and regulations, including but not limited to, all applicable zoning and building code requirements under the code of the City of Miami, Fl, as amended ("Code"). F. Host special event(s) sponsored by NRPA and/or The Coca-Cola Company at the Programming location if requested on a mutually agreed upon date(s). Special events may include, but are not limited to soccer tournaments, community field days, and sports clinics 22377 Belmont Ridge Road 1 Ashburn, Virginia 1 20148 1 www.nrpa.orq 703.858.0874 1 Fax 703.858.0794 a °nal ecreation an ark r° ssoc ation with local athletes. Any event shall be mutually agreed upon in writing in advance by NRPA and/or The Coca-Cola Company, the Parks Director and the City Manager. G. Promote receipt of grant and success of Programming through press releases and available resources within the City of Miami's Office of Communication promotion tools. H. In subsequent years, Grantee will in good faith and to the best of its abilities seek additional funding to sustain Programming at continued or enhanced levels. 4. Programming Evaluation NRPA and The Coca-Cola Company may request that the Grantee track and collect data on Programming -related activities. Information requested may include, but is not limited to Programming participation metrics, and the administering of surveys to individuals upon completion of Programming. Any such data collection activities are to be mutually agreed upon in advance. 5. Promotion NRPA and The Coca-Cola Company may use the Grantee and/or park names, photos, and/or information in connection with the Programming for promotional or other purposes, in any and all media, that have been mutually agreed upon with prior written parameters with all necessary legal content for children and adults and without further payment, notification, or permission, except where prohibited by law. A designated day and time will be arranged in conjunction with the Parks Department to allow for photos, video, interviews for future use with prearranged participants who have signed all necessary legal authorizations for use of promotion of the Programming. 6. Limits of Liability Each party shall be responsible for its own liability, if any. No party shall be responsible for the others parties' liabilities. 7. Confidentiality Parties recognize that this MOU is a grant agreement and a public contract, subject to all applicable State of Florida public records laws; provided however, should the NRPA and/or The Coca Cola Company believe that a specific exemption applies to any information provided by NRPA and/or The Coca Cola Company to the City of Miami, then either the NRPA and/or The Coca Cola Company, at no cost to the City of Miami, at their option may proceed to court to obtain declaratory judgment regarding the applicability of said specific exemption from public records laws.. 8. Term The term of this MOU will commence on the Effective Date and shall continue until March 31,2017. 9. Termination Either party may give notice of intent to terminate this MOU at any time effective upon receipt of ten (10) days written notice by the other party of failure to perform. The non -performing party shall have sixty (60) days from the date of written notice to cure its obligation. If the non -performing party fails to satisfactorily cure its obligation within this time, this MOU will be terminated. Neither party shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages notwithstanding any law to the contrary. No termination of this MOU shall release the obligation to pay any sums due to the terminating party which accrued prior to such termination. 22377 Belmont Ridge Road I Ashburn, Virginia 120148 I www.nrpa.orq 703,858.0874 I Fax 703.858.0794 Page 2 of 3 an °n i r ecreation Par. Association 10. Counterparts This Agreement may be executed in one or more counterparts (including by means of facsimile or other electronic means, including PDF), each of which shall be deemed an original but all of which together will constitute one and the same instrument. The parties have caused this MOUto be signed by their duly authorized representatives as of the date set forth below. National Recreation and Parks Association City of Miami, Florida, a municipal, corporation By: By: Printed Name: Printed Name: Daniel J Alfonso Title: Title: City Manager Date: Date: Attest: Attest: By: By: Name: Title: Approved as to Insurance Requirements: Approved by Parks and Recreation Department By: By: Ann -Marie Sharpe Kevin Kirwin, Parks Director Risk Management Director Approved as to Form and Correctness: By: Victoria Mendez, City Attorney 22377 Belmont Ridge Road I Ashburn, Virginia 120148 I www.nrpa,orq 703.858.0874 I Fax 703.858.0794 Page 3 of 3