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HomeMy WebLinkAbout23416AGREEMENT INFORMATION AGREEMENT NUMBER 23416 NAME/TYPE OF AGREEMENT NATIONAL RECREATION & PARK ASSOCIATION DESCRIPTION AMENDMENT 2: MEMORANDUM OF UNDERSTANDING/10- MINUTE WALK PROGRAM & TECHNICAL ASSISTANCE GRANT/MATTER ID: 21-1212/#13 EFFECTIVE DATE April 1, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/6/2021 DATE RECEIVED FROM ISSUING DEPT. 7/27/2021 NOTE CITY OF:MIAMI DOCUMENTROUTING FORM a Ni 4(5 ORIGINATING DEPARTMENT:. Park and Recreation DEPT. CONTACT PERSON::Laoleveia Morley NAME OF OTHER CONTRACTUAL PARTY/ENTITY: National Recreation and Parks Association EXT. 305.416.1332 JUL 0 1 2021 IS THISAGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑" YES ® NO TOTAL CONTRACT AMOUNT: $ s4o.000:00. FUNDING INVOLVED? ❑R YES ® NO TYPE OF AGREEMENT: ❑ .MANAGEMENT AGREEMENT. LI PROFESSIONAL SERVICES AGREEMENT :❑ :GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT . OTHER: (PLEASESPECIFY)..Second Agreement Amendment El PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT El INTER -LOCAL. AGREEMENT ❑.LEASE AGREEMENT EJ PURCHASE OR SALE AGREEMENT PURPOSE OF.ITEM (BRIEF SUMMARY): To execute the Memorandum of Understanding Second Amendment to extend the closeout date to allow the City of Miami Parks Department to fulfill the proposed scope of services. Extension was given due to' the impact of COVID-19 on the deliverables. COMMISSION APPROVAL DATE: - /- / FILE ID: N/A ENACTMENT NO.: N/A "IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,'PLEASE EXPLAIN: Grant Award under$50,000.00 ROUTING:INFORMATIOfi1.• Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR as/J PRINT: Bar r deZ SIGNATURE: SUBMITTED TO RISK MANAGEMENT 6/29/21 PRINT: Ann- arie Sharpe SIGNATURE: SUBMITTED TO CITY ATTORNEY PRINT: / gaAdtae L. W SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER 1 /(n IZa21 PRINT: Natasha Colebrook- Williams - Q%% - SIGNATURE: �,//� h/c�.e..-4, APPROVAL. BY DEPUTY CITY MANAGER PRINT: Dr. Nzeribe Ihekwaba SIGNATURE: RECEIVED BY CITY MANAGER 4/1471 PRI ..: _ Art .�,t�: SI 1) 2) 3) : PRINT: r' y i y i i SIGNATURE•�1:� /�/ 1',ej / PRINT: SIGNATURE: PRINT: SIGNATURE: ,�I,Ja @ :, i ]10` E l('r Gi-=i c ..: c. —MPS? in @IIITT tdrigfalt70, o Wlia e;14014 G W tiL( "7) TO meumiyawg, n- . 1%. ' - i PLEASE ATTACH .THIS 'ROUTING FORM TO ALL 'DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date: 5/24/2021 From: LaCleveia Morley Contact Person Assistant to the Director Title Parks and Recreation Department Requesting Client 305-416-1332 Telephone Legal Service Requested: To review and approve the Second Amendment to the Memorandum of Understanding between the National Recreation and Parks Association and the City of Miami. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating The Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: ❑ Issue opinion in writing. ❑ Publish opinion after issuance. Authorized by: LaCeverw Morley Date response requested by: 5/24/21 BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 06/17/2011 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Parks and Recreation DEPT. CONTACT PERSON: Lara Hamwey EXT. 1341 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: National Recreation and Parks Association IS THIS ACREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 1 ] NO TOTAL CONTRACT AMOUNT: S40.0c0 FUNDING INVOLVED? ❑■ YES 0 NO TYPE OF AGREEMENT: 0 MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT ❑ LICENSE.AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Memorandum of Understanding Amendment PURPOSE OF ITEM (BRIEF SUMMARY): To execute the Memorandum of Understanding Amendment to extend the closeout date to.alicw the Crty of Marne Parks Department to fufit{ the proposed scone of sen:ices, Exten;von ,vas,grs'en due to rmoact of COVID-1Q on deaveratles. COMMISSION APPROVAL DATE: ' 1 / FILE ID: NIA ENACTMENT NO.: NIA IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Grant Award underS50.000.00 ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 10/23/2020 PRINT: LARA HAMWEY SIGNATURE Hamwey. Lara w:..�..:. :. k• .< SUBMITTED TO RISK MANAGEMENT ' PRINT: ANN-MARIE SHARPE r F =° SIGNATURE: ._ •' ' _ u=��� -:E:S SUBMITTED TO ,CITY ATTORNEY - - 10242020 PRINT: VICTORIA MENDEZ - ,._. SIGNATURE; Min, Barnaby r;--_: APPROVAL BY ASSISTANT CITY MANAGER 10 ' fo (2D 1 PRINT:DR. NZERIBE IHEK Bi. y SIGNATURE: f---- RECEIVED BY CITY MANAGER PRINT: ART NOYZIEGA SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 0 R{National pecreatior: and Park Associatior• Amendment I: Grant Extension MEMORANDUM OF UNDERSTANDING THIS AMENDMENT ("Amendment") is made this August 26. 2020 ("Effective Date'") by and between the National Recreation and Park Association (•'NRP,V) and City of Miami. WHEREAS NRPA and Agency Name entered into an'MOU on September 13, 2019, (the "Agreement") pursuant to NRPA i 0-Minute Walk PIanning Grant and Technical Assistance. WHEREASNRPA and City of Miami, wish to amend the Agreement and as set forth herein. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein. the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The term of the contract is extended for an additional six (6) months and the end date of this contract is changed from September 30. 2020, to March 31, 2021, to complete the scope of work. 2. This Amendment, and all subsequent written agreements. may be executed in any number of counterparts. each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the sane Amendment.) The. parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether,bv facsimile, PDF or other email transtnissionl, which signature shall be binding on the party whose name is contained therein. 3. Upon full execution, this amendment shall be made a part of the Agreement and shall be incorporated by reference therein. Except as provided herein, all other terns and conditions of the Agreement shall remain in full force and effect. 1n the event of any conflict between the Agreement and this Amendment. the terms. of this Amendment shall govern and control. IN WTT_NESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized signatories as of the date first above written. National Recreation and Park Association By: Printed Name: Keilie May Title: Date: Page 1 of 1 City of :Yiyy.imi Printed Nave: VP Programs and Partnerships Title: 08/26/2020 Date: See signature page cfi vela°, ()Ai\- cketk .e 0 tuilL services (Grantee) City of Miami (Grantee Address) 444 SW 2nd Avenue, Miami, FL 33130 Am.uf.r. Ya 2N4 `s`•,1 ii NRPA 10-Minute Walk Planning Grant and Technical Assistance Grant Agreement Grantee: City of Miami Grant Amount: $40,000 Project: 10-Minute Walk Technical Assistance Term: 9/13/2019 through 9/30/2020 This Memorandum of Understanding (MOU), 9/13/2019 (Effective Date), is made between National Recreation and Park Association, a Virginia -based not -for -profit S01(c)3 with a niailing address of 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (NRPA) and a provider of park, recreation, or community in 1. Purpose The purpose of this MOU is to confirm approval of the terms governing the acceptance anduse of Forty Thousand Dollars ($40,000) made available for the implementation of the 10-Minute Walk Planning Grant and Technical Assistance program. This grant opportunity is a result of a partnership between NRPA and The 1P8 Foundation to reduce barriers to park access in underserved communities, improve environmental conditions and community health, and to expand access to nature in cities across the nation. Having been selected as a recipient of funding through this program, Grantee is required to accept the terms contained within this MOU in order to receive funding as a grant recipient. 2. Payment a) NRPA will pay the sum of $40,000 to the Grantee within 1301days after NRPA's receipt of the signed electronic copy or original of this MOU. b) Subject to the provisions of paragraphs c and d of this Section 2, NRPA will make the following payments to the Grantee: ?.Schedule Date i Payment Amount 10/31/2019 ! $25,000 02/28/2020 $15,000 c) The additional payment described in paragraph b of this section 2 will not be made if, prior to the tentative payment date, any of the following has occurred: a. The Grantee has failed to satisfy all of the reporting requirements describe in Section 3 of this MiOU. b. NRPA has not approved the Grantee's Progress Report, NRPA reserves the right to not approve the Grantee's Progress Report if NRPA determines, in its absolute discretion, that the Grantee (x) has failed to satisfy the activities timeline, benchmarks, and outcomes described in the Grantee's grant proposal dated August 2, 2019, a copy of which is attached to this MOU, or (y) has altered the goals, methods, or budget line items as described in the Grant Proposal in any material way, and NRPA has not approved such changes. The Grantee must immediately notify NRPA in writing of any such changes and must provide a detailed explanation of the reason for such changes. c. The Grantee has had any changes in key personnel or infrastructure of the organization or the project that might compromise the Grantee's ability to carry out the proposed activities, and NRPA has not approved such changes, The Grantee must immediately notify NRPA in writing of any such changes. d. The Grantee has failed to satisfy any other term or condition of this MOU. 3. Grant Requirements 1. Direct grant funds to: The l0-Minute Walk Campaign a. Program objectives: Through this grant and technical assistance opportunity, cities will be responsible for several deliverables -that result in a final l0-Minute Walk plan that focuses on a Plan, Policy, and/or Funding opportunity that advances the 10-Minute Walk in the Grantee city. To accomplish this, we expect that cities will: i. Attend the in -person training on December 3-5, 2019 in Tacoma, Washington ii. Join and participate in monthly technical assistance calls with NRPA and other grantees. iii. Develop a specific 10-Minute Walk goal and corresponding action plan to make progress towards your goal iv. Participate in evaluation efforts that will include submitting planning documents and completing pre -and post -surveys. 2. Provide a copy of your agency's W-9 along with this signed MOU by Oct 11, 2019. 3. Complete a mid-term. report by Jan 31, 2020 and final report by September 30, 2020. 4. Utilize NRPA's Marketing and communications toolkit to promote grant throughout the year — this includes a template for a press release, social media posts and connections to local media. 5. if requested, participate in a phone interview and/or site visit with NRPA,partners, and consultants to share information on successes,challenges and lessons learned. 6. Share success stories, press releases, photos, videos, quotes, Iocal media coverage and highlights throughout the grant period. 7. Provide an end of grant Financial Report that should include a to -date accounting of the Fund in accordance with generally accepted accountingprinciples and according to the line -item categories of the budget included in the Grant Proposal, and should be certified by the Grantee's responsible financial official.. 8_ All funds will be distributed by NRPA. No matching funds are required. TIMELINE OF GRANT ACTIVITIES Activity Date of Completion Participate in bimonthly individual, group, 1 Bimonthly and/or small group calls Provide a copy of your agency's W-9 and j October 11, 2019 signed MOU Complete NRPA's Park Metrics inventory 1. October 31.2019 Attend an in -person training in Tacoma, Washington December 3-5, 2019 Submit a progress report with the provided j January 31, 2020 template Submit a final report to NRPA September30, 2020 4. Promotion NRPA and The JPB Foundation may use the Grantee and/or park names, photos, and/or information in connection with the program for promotional or other purposes, in any and all media, without limitation and without further payment, notification, or permission, except where prohibited by law. The Grantee may make public statements regarding the gift to be made hereunder, including the identity of NRPA and The JPB Foundation and the total amount of the gift, using pre -approved language from the communications tooikit or provided that any such statements have been approved in advance in writing by NRPA and The JPB Foundation. Such information may be used by the Grantee in its efforts to solicit additional contributions and for general information purposes. 5. Limits of Liability NRPA and The JPB Foundation or any of its respective parents, subsidiaries, affiliates, officers, directors. or employees shall not be liable to Grantee and/or its affiliates for any liability of any kind relating to or arising out of participation in this program hereunder. 6. Confidentiality During the term of this MOU, the parties may learn certain confidential information of each other. For purposes of this MOU, confidential information means the confidentialand proprietary information, not generally known by non-party personnel, used by the disclosing party and which is proprietary to the disclosing party, and includes, without limitation, the disclosing party's trade secret or proprietary personnel, financial, marketing and business information, including strategic, operations and other businessplans or forecasts, and confidential information provided by the disclosing party regarding its employees, customers, vendors, sponsors and other contractors. Confidential information shall not be disclosed to non-party personnel, unless required to do so pursuant to Chapter 119, Florida Statutes. Parties must comply with record keeping and access to records pursuant to this MOU as required by Chapter 119, Florida Statutes. 7. Term The term of this MOU will commence on the Effective Date and shall continue until 9/30/2020. 8. Use of Grant Funds The Grantee shall use the full amount of the grant for the purposes set forth in Section 3. Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the grant and the income earned thereon that is not expended for such purposes. The Grantee agrees not to use any portion of the grant or any income derived from the grant far the following: A. To carry on propaganda or otherwise attempt to influence legislation (within the meaning of Section 4945(d)(1) of the Internal Revenue Code of 1986, as amended (the "Code"): B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2) of the Code; C. To provide a grant•to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor. Payments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute "grants" for these purposes and are not subject to these restrictions; D. Except as expressly may be authorized in the Grant Description, to provide a grant to any other organization without prior written approval of the Grantor; or E. To promote or engage in criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, natiorial origin., religion, military and veteran status, disability, sex, age, or sexual orientation, or support of any entity that engages in these activities. F. To travel to NRPA's Annual Conference or any other conference travel, without prior written approval of Grantor. All unspent or uncommitted grant funds shall be invested in highly liquid investments (such as an interest - bearing bank account) with the primary objective being preserving the grant funds avaiiability for the project. Any interest or other income generated by the grant funds must be applied to the purposes described in the Grant Description. 9. Audit NRPA has the right to audit the Grantee's financial records relating to this MOU. Grantee should maintain their financial receipts and must make the records available at any time as requested by NRPA fora period of noless than four (4) years after expiration of the Grant Term or if an audit has been initiated and audit findings have not been resolved at the end of such four=year period, the records shall be retained until resolution of all audit findings. If as a result of an audit, NRPA determines that funds were not spent in accordance with the purposes of this grant, the Grantee may be required to return any funds not substantiated. If NRPA determines that grant funds were used for frauduient purposes, the grantee may be barred from participation in any further programs. 10. Termination Either party may terminate this MOU at any time effective upon receipt of written notice by the, other party of failure to perform. The non -performing party shall have sixty (60) days 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 for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties, 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. Upon receipt of this signed form and your agency's W-9 a check will be issued for your grant funds. These parties have caused this MOU to be signed by their duly authorized representatives cis of the dote set forth below. National Recreation and Grantee Park Association By: Printed Name: 1tit `t. Title: Date: 1o) i7 I, By: Printed Name: ,(:} Title: Date: FIN: yv A iA f Li) ?AG Emilio T. Gonzalez City Manager National Recreation and Park Association 10- Minute Walk Grant Agreement CITY OF Oili II, a Flor''da Lunicipal Corporation By: City Manager Date: Attest: I Todd Hannon, titti_4'erk Date: Approved ns to Form and correetfiess:. 13v: Victoria Wndez, City Attorney 3.1 Dare: /c?- ar''Y Approved as to Insurance Requirements, / C -- Bv: Ann -Marie Sharpe. Risk Management Date: /104 Approved as1fo nt Program Requirements: By ,ara de >iPoi zl' a t-�arnwev, Director of and Recreation Date: 100 s s ``'� N R PA National Recreation and Park Associatior Amendment II: Grant Extension MEMORANDUM OF UNDERSTANDING THIS AMENDMENT ("Amendment") is made this April 1, 2021 ("Effective Date") by and between the National Recreation and Park Association ("NRPA") and City of Miami. WHEREAS NRPA and Agency Name entered into a MOU on September 13, 2019, (the "Agreement") pursuant to NRPA 10-Minute Walk Planning Grant and Technical Assistance and entered into an Amendment I of the MOU (the "Amendment I") on August 26, 2020. WHEREAS NRPA and City of Miami, wish to amend the Agreement and as set forth herein. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The term of the contract is extended for an additional five months and the end date of this contract is changed from March 31, 2021 per Amendment I to August 31, 2021 to complete the scope of work. 2. This Amendment, and all subsequent written agreements, may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. 3. Upon full execution, this amendment shall be made a part of the Agreement and shall be incorporated by reference therein. Except as provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the Agreement, Amendment I and this Amendment II, the terms of this Amendment shall govern and control. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized signatories as of the date first above written. National Recreation and Park Association City of Miami By: By: Printed Name: Kellie May Printed Name: Title: VP Programs and Partnerships Title: Date: Date: Page 1 of I Attacbed 5131 e, eye. NRPA 10- Minute Walk Program and Technical Assistance Grant Second Amendment Summary • NRPA is providing a grant to. the City of Miami for the implementation of the 10- Minute Walk Planning and Technical Assistance Grant • This grant is the result of.a partnership between the NRPA and The JPB Foundation. • The grant total $40,000. Consisting of two payments o $25,000.00 -10/31/19 o $15,000 — 2/28/20 • The project is designed to reduce barriers to park access in underserved communities, improve environmental conditions and community to health, and to expand access to nature in cities across the nation. • As a grantee the City of Miami was required to: o Provide staff to attend an in person training December 3-5, 2019 in Tacoma Washington. o Join and participate in monthly technical assistance calls with NRPA and other grantees. o Develop a specific 10 — Minute walk goal and corresponding action plan. o Participate in evaluation efforts, inclusive of submitting planning documents and completing pre and post -surveys. • .The first Amendment extended the agreement from September 30, 2020, to March 31, 2021 • The Second Amendment extends the contract close out from March 31, 2021 to August 31, 2021. • By amending this date, the City of Miami is allowed to complete the remaining scope of work. National Recreation and Park Association 10- Minute Walk Grant Agreement Second Amendment CITY OF MIAI/, a Florida Municipal Corporation By: Art Ngriega ity Manager Date: Atte ToddHannon, ' erk /coDate: -7 Approved as to Form and Correctness: Bv: 23�xa.6,� ,L_. 7 OAP Victoriaellendez, City Attorney Date: (21-1212 / JTM) Approved as to Insurance Requirements: Bv: Ann -Marie Sharpe, Risk Management Date: Approv Requirements: z, Director of Parks and Recreation Date: c%s'/cY2)-1