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Grant Agreement with The Miami Beach Chamber of Commerce/Visitor Centerr 020V-a ff7‘oo GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA(CITY)AND MIAMI BEACH CHAMBER OF COMMMERCE/VISITOR CENTER TO SUPPORT OPERATIONS OF THE VISITOR INFORMATION CENTER AND MAXIMIZE MIAMI BEACH AS A DESTINATION BRAND VIA THE CITYWIDE GRANTS PROGRAM This Grant Agreement is entered into this 1 day of re!mob/ , 2015, between the City and Grantee. Article I/Grant Description 1. Grantee: Miami Beach Chamber of Commerce/Visitor Center Grant Contact: Jerry Libbin, President Address: 1920 Meridian Avenue City, State, Zip: Miami Beach, Florida 33139 Phone, fax, e-mail : 305.695.6828, 305.538.4336,jerry@miamibeachchamber.com 2. Grant amount: $36,000 (Grant to be disbursed upon execution) 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure deadline: September 30, 2015 6. Project completion date: September 30, 2015 J P P 7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project completion date. I , IN WITNESS WHEREOF, the parties hereto have executed this Agreement this If day of LW , 201 .-- Philip Levi 6, !.."F'"or.--- Signature 1 STATE OF FLORIDA, COUNTY OF MIAMI-DADE . . i '' `` . ••• The foregoing instrument was acknowledged before•! r ,.. -y s %me this 36 day of 11144y- 2015, R, ael Grana./., City Cle k ( -- !: --� � `_� Cy p,/i7) t riSiCt of (Grantee's Corporate Seal Here) I , , ' 'L r- �� . r,:,, I w:-;:;',.,,.... ��� :'��j_ profit corporation. He/She is personally known to me L''''-5'`v>�f; '�,r�'° •�••••''�••� � or has produced 11:�1'�-�- �.i:- . ,, as identification. l' i &('‘' ' GRANTEE: i' Fed-ral ID#: `._ 00'17 Signature of Notary P lic v I . ... . aib Al X1550 Printed ame •- Ov- :atioiis Au horized L,vi-e'U 'No tary Name: A b . Represe tative D m_,....6,1, 4' JJ Notary Public, State of Florida •ttorney Approval Here) APPROVED AS TO, My Commission Expires:, FORM & LANGUAGE & FOR EXECUTION 7j ,' I`r ail cam.EPP '''Ue;fr--'1 . I -.2.3' - "11. ar 0,,,,, LINETTE NODARSE City Attorney Date 4 s'''''' �� Notary Public-State of Florida :•• ,�, e•= My Comm.Expires Sep 4,2015 p,��� �� Commission#EE 93565 °'H° l ��, Bonded Through National Notary Assn. • 4 -2-of9 • Article II/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 (Grantor or 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 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 t(ii.e. For example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 30 of such year, must submit their final reports no later than October 15th 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 to the Parties' execution of this Agreement. 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 (1901 Convention Center Drive) 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: [Intentionally 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 3 of 9 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. 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. 4of9 Article Ill/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, intersexuality, 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 that prevent 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 9 . • Exhibit 1 I.Project Description - • -• See:Attached Document for Project Description • • • • • • • • • • • • • • • • • • • • • • • • • _ : 6 of 9 • Exhibit 2/Project Budget See Attached Document • • 7 of 9 Exhibit 3/ Key Initiatives Grantee's Responsibilities 1. Grantee's funded services will support the following City Key Intended Outcomes, and Grantee shall provide documentation of such: • Improve Alliance with Key Business Sectors, Namely Hospitality, Arts & International Business With a Focus on Enhanced Culture, Entertainment, and Tourism; and • Maximize the Miami Beach Brand as a World Class Destination. 2. Grantee will document progress and support of the Citywide Key Intended Outcomes above by providing the following information to the City: a. A Final Report (due to the City by Oct 15, 2015), including data based on the Key Performance Indicators set forth in Exhibit 4 hereto; and b. A summary of accomplishments in regards to the City's Key Intended Outcomes, as outlined in Item No. 1, above. 3. Grantee will maintain the following as evidence of expenses incurred for supporting existing minority business and education enhancement programs offered to the community: a. Payroll records (including salary,fringe, benefits, etc.); b. Rent invoices (with cancelled checks); c. Supplies and Services receipts(invoices and cancelled checks); and d. Contracts/Agreements in regards to services provided. 4. Grantee will submit a final report to the City no later than October 15, 2015, which documents the efforts undertaken to support the Key Intended Outcomes, and includes the following information: a. A summary of overall project and its impact on the identified Key Intended Outcomes; and b. A final project budget. 8of9 • Exhibit 4/Key Performance Indicators 1. Number of website hits, calls, and walk-ins to the Visitor Center; 2. Number of INcards distributed; 3. Number of requests for information regarding public festivals and city tours, received via email, telephone, or by mail; 4. Number of tours booked through the Visitor Center and number of requests for information received via email, telephone, or mail, regarding public transportation; and 5. Number of INcard vendors. 9of9 f CASH CASH EXPENSES ACTUAL IN KIND REVENUE SECURED ANTICIPATED PERSONNEL TOTAL (ADMINISTRATIVE+ARTISTIC+TECHNICAL) 183,000 I ADMISSIONS ADMINISTRATIVE 183,000 VENDORS 107,890 ARTISTIC CONTRACTED SERVICES TECHNICAL PRIVATE CONTRIBUTIONS OTHER ARTISTIC FEES 20,000 CORPORATE SUPPORT 1. 2. MARKETING TOTAL(PRINT+DESIGN) FEDERAL GRANTS 1. FEES 2. PRINT 10,000 DESIGN 10,000 STATE GRANTS I 1. ADVERTISING TOTAL (PRINT+DESIGN) 23,000 2. PRINT 17,000 DESIGN _6,000 LOCAL GRANTS PUBLIC RELATIONS (FEES+PRESS MATERIALS) 1. CITY OF MIAMI BEACH 36,000 FEES 2.TDC 20,000 PRESS MATERIALS 3.GMCVB 30,000 POSTAGE/COURIER 1,100 FOUNDATION GRANTS 1. TRAVEL 2. EQUIPMENT RENTAL _ SPACE RENTAL OTHER REVENUES CITY SERVICES 1.Giftshop 2,875 INSURANCE 2.Tours 25,300 SUPPLIES/MATERIALS 3. OTHER EXPENSES(ITEMIZE BELOW): • Giftshop 2,500 Tours 22,000 Dues 465 CASH ON HAND MBVCA Grant Amount ,,,non 252,065 Total Revenues: 222,065 30,000 Total Expenses: 252,065 Total Secured +Anticipated Revenues The Miami Beach Guest Program helps enhance a visitor's experience while in Miami Beach and also works to educate tourists by providing information about what this urban resort destination has to offer. There are 3 components of the program to help achieve this goal. The first is Visit Miami Beach, the Miami Beach visitor's center, located in the Miami Beach Convention Center, offers tours, hotel bookings, concierge services, a retail outlet and great customer service to the approx. 600,000 conventioneers who visit the Convention Center. Visit Miami Beach has been enhanced with a Perfect Gifts pop-up store featuring Miami Beach themed souvenirs. The second component is the visitor's website, MiamiBeachGuest.com, which offers information about where to stay, where to eat, what to do, where to shop and more. Visitors can also book hotels on the website. The final component is the Miami Beach INcard, which has incentivized locals and tourists in Miami Beach over the last 5 years to enjoy discounts and promotions at local businesses. The program in now in the second year of promoting the mobile app with features such as a geo-synced map, a list of participating businesses, QR code scanner, and a loyalty program. We have continued to market to the national and international groups traveling to Miami Beach.