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HomeMy WebLinkAboutFiscal Year 2025 - 2026 Grant Agreement between the CMB and Accelerate Consulting Inc.Dswsign Envebpa ID: 5BOWC-0F81-8087-8170d1F2E9EKOEB Dscus19n Enve ID: 09DB5D3F AB22AUC-827G-XF4727502F8 i1BLA -H Raw No. 2025-33900 CITY OF MIAMI BEACH FISCAL YEAR 2025-2026 GRANTAGREEMENT Mpy 18 2626 ART DECO ALIVE! This GW A�RE�J�efJT (hereinafter the "Agreement') is made and entered into this _ day Of 1 G Qf�5, by and between the City of Miami Beach, FWda (the "City"), and. jointly and severally, Accelerate Consulting Inc, a Delaware corporation (the "Event Organizer") and The Miami Foundation, Inc., a Florida not -for -profit corporation (the "Fiscal Sponsor' and, together with the Event Organizer, individually and/or collectively, as the context may require, the "Grantee"). This Agreement is effective October 1, 2025, the "Effective Date." ARTICLE I I GRANT DESCRIPTION GRANTEE: Accelerate Consulting Inc and The Miami Foundation, Inc., jointly and severally GRANTEE CONTRACT ADMINISTRATOR: Hardik Chhajad ADDRESS: 19 Downs Lake Cir CITY, STATE, ZIP: Dallas, TX 75230 PHONE, FAX, E-MAIL: 464-662-4330 hardik@hardshells.com GRANT AMOUNT: $10,000 EVENT: 2025 Art Deco Alivel, a Miami-Mumbai Art Deco Centennial Event EVENT DESCRIPTION: See Exhibit 1 hereto GRANT EVENT BUDGET: See Exhibit 2 hereto GRANT TERM: October 1, 2025 — September 30, 2026 EXPENDITURE DEADLINE: September 30, 2026 PROJECT COMPLETION DATE: September 30. 2026 FINAL REPORT DEADLINE: October 10, 2026 FINAL REIMBURSEMENT REQUEST DEADLINE: October 10, 2026 D sign Envelope 10: 5888BA8 F81-8087-817611FMHCOEB WM Nn lrs'M'f3M"e w�11�1lM'N�M®-1N P1a� nlnM nM ww+irs Irw 1 �� C'✓YJ d �s+aM1�tl1. �ferlb AFTFEt o"m E Af�wJn. nip .._._..._.__ wy 18 2026 ♦TTFST: RAK None and Title M Me T. (,arpglP, f1ry MNsl1tl� Ace,elareb CO --frog isr. Federal Id tJo BJ-39595A� Authorized Signature IJrc£ n It-HA-t-rA-w' Print 04.an Q T'fMB�o cAru The Miamundation, Inc ATTESTFederal .65- 50357 c49tr1oc By Witness Signature Authorized Signature mac, "tint Name and Title �,�..,�L /Cco Print Name and Titte ate APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION l pity Attorney *.W Date Reso No. 2025-33900 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST Rafa I E. Nnado, City Clerk yC,, No 2 1 202e Date #gi �IX[OtP OMiE0. t,i'` TE FOR GRANTEE: ATTEST: Witness Signature Pdnt Name and Title Date ATTEST: See previous page Witness Signature See previous page Print Name and Title Date By: do T. Carpen r r, City Manager Accelerate Consulting Inc. Federal Id No. 83-3959581 By: See previous page Authorized Signature See previous page Print Name and Title The Miami Foundation, Inc. Federal Id No. 65-0350357 By: See previous page Authorized Signature See previous page Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION i.City Attorney Date Docusgn Envelope ID: 5888BA3G-0FB1-8887-8176 IF2E9E9CAEB Dowsi9ri Envelope IDa9D85D3F-AB224IUC-829G3CF4)2]502F8 Reso No. 2025-33900 ARTICLE It / GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Flonda. The City has delegated the responsibility of administering this Grant to the City Manageror the City Manager's authorized designee (the "City Contract Administrator). 2. EVENT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Event Description, attached hereto as Exhibit 1 (the "Event'). Any modification to Exhibit 1 ("Event Description'), shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach. Grantee shall be solely responsible for producing and promoting all aspects of the Event, including securing private sponsors and vendors to participate in the Event. The Grantee has advised the City that the Event shall be known and promoted under the title of "Art Deco Alive!" Grantee shall be responsible for the conduct and operation of the Event and will provide the appropriate personnel to conduct the Event. Except as specied herein for the remainder of the Tenn of this Agreement, the City is under no obligation to fund subsequent Events. The City shall not be a parry to any independent contracts that Grantee may enter into with other organizations, contractors, or participants in the Event and/or supporting activities, nor shall the City be liable to such third parties. Grantee shall not represent that it is an agent, official, authorized representative, or employee of City. Grantee shall be responsible for any and all compensation that may be due to any and all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors, and participants, and the City shall have no such responsibility, obligation, or liability. The City shall not be responsible or liable to competitors for prize money payments, or to any third party for any aspect of the production of the Event. Grantee warrants and represents that it has all necessary rights, authority, licenses and permits necessary to enter into this Agreement, to grant the rights and licenses herein granted, and to carry out its responsibilities as set forth herein. Grantee shall utilize the sponsorship benefits and conduct and operate the Event in accordance with all applicable laws, and without endangering others or violating their fights. 3. GRANT EVENT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Event Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2 ("Event Budget"), shall not be effective unless approved, in writing, by the City and Grantee. Any request by Grantee to modify the Event Budget shall be made in writing, using City approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Event Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 4. REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Event Description will mutually contribute to the enhancement Do mii;n Envelope ID: 5a88BA3C4F81 d081-012a-01F2EBEBCOEB D.ipn E.Wo ID: of services available to City residents, businesses, and visitors. As a condition of disbursements of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit a final report (the "Final Report") to the City Contract Administrator within 20 days of the completion of the Event. The Final Report shall detail the following: a. Third -party verifrcation of Event outcomes including, without limitation, evert attendance figures with proven method of collection, media impressions generated by the event, photos and videos of the event; b. The implementation of the Public Benefit Program, including statistics relating to how many residents, seniors, and children were served, and how this program was marketed and communicated to the residents; and c. All supporting documentation required under Section 5 for the payment of the Cash Sponsorship; and d. Vendor and community feedback. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. 5. REIMBURSEMENT REQUESTS: Reimbursement requests maybe submitted to the City at anytime during the Grant Ten. All reimbursement requests must be made after expenditures have occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit 3. All reimbursement requests must be submitted prior to the Final Reimbursement Request Deadline. Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (with copies of both front and back) and proof of expenditures of Grant monies. Grantee shall provide the City with and shall categorize all receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in the Event Budget. Invoices and checks must be directly related to expenses for Grant - funded activities taking place within the 2025-2026 Fiscal Year. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: Subject to the restrictions set forth herein, Grantee's compliance with its obligations under this Agreement, and an annual appropriation of funds at the City Commission's sole discretion, the City shall provide Grantee with grant funding for the Event in the amount of $10.000.00; provided, however, that no more than 15 percent (15%) of the City's total contribution may be disbursed in advance of the Event. All remaining cash contributions shall be made on a reimbursement basis, following: (i) the conclusion of the Event, (it) Grantee's submission, and the City's acceptance, of the Final Report, and (iii) Event Organizer registering to do business in Florida. In awarding this Gram, 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 remitted to the Grantee once the Mayor and City Commission have approved the grant award, and once all partles have executed this Agreement. Grantee shall use all Gram funds for the purposes set forth in this Agreement and shall expend all Grant funds on or before the Expenditure Deadline. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the Expenditure Deadline 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 may request, in wrifing, an extension of the Expenditure Deadline from the City Manager which, if approved, shall be for a period not to exceed one (1) year. Page 4 Dmusign EnwAope ID: 5888BNC-4F81-80e/A1104tF2E9E9WEB Docueign Env , ID: a9DB5D3-A822A3 82TC 3XF4]27502Fa 7. GRANT RESTRICTIONS AND REQUIREMENTS: Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable contributions; or events not open to the public. The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach (if applicable): A. Prominently display City of Miami Beach logo in all promotional marketing materials related to the event/program including, but not limited to, advemsements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print and/or electronic publications in a manner where the City logo is displayed before sponsors of lesser value, and placed in the most prominent position amongst sponsors of the same level. All marketing materials shall be subject to the approval of the City Manager's designee prior to dissemination. B. Live announcement(s) during the event by emcee. C. Operate within the requirements of all City of Miami Beach existing sponsorships, including the non-alcoholic pouring rights agreement with PepsiCo who is granted exclusivity in ALL ran -alcoholic beverage categories with the exception of hot tea, dispensed hot coffee and hot cocoa, and Red Bull who is granted exclusivity in the energy drink category. As well, all soda and water must be served in non -plastic containers. D. All complimentary tickets provided by an eventlevent producer shall be consistent with the City Commission established policy for the distribution of tickets and the City's Administrative Guidelines for Distribution of any tickets and must be sent to the attention of the Director of the Tourism and Culture Department, located at 1755 Meridian Avenue — 5" Floor, Miami Beach, FL 33139. 8. NO GUARANTEE OF FUNDING: The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: Grantee shall keep the city apprised, on a monthly basis, of its progress with respect to the activation of the Event. The City Manager or the City Manager's designee may monitor and conduct an evaluation of Event Organizers implementation of the Event. Grantee agrees to cooperate with City to promptly address any deficiencies or concerns the City may have in connection with the Event. 10. BANK ACCOUNTS AND BONDING: The Grant funds shall be paid directly to the Fiscal Sponsor. Fiscal Sponsor shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami -Dade County. Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and tide of all individuals authorized to withdraw or write checks on Grant funds. 11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place during the City's fiscal year for which the Grant is approved (October 1 — September 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures Page 5 D Lm gn Envelope ID: 58881 A 1G41F81A087-8110-91F2EBEIIMEB Dx .ipn Enveope ID89DBSD3F-082243W 7C 0XF<R7502F 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 three (3) years after the Expenditure Deadline specified in in this Agreement. These looks, 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. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bidlproposal) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, Page 6 Dwusign Envelope ID: 5888BA3G F814087-8170411F2E9E9COEB Docusen Envelope ID: 89D8503F-AB22A30 7C-3CF47275UF8 instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable limes the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals. litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 13. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: "This Event is funded in whole or in part by a grant from the City of Miami Beach." Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. Additionally, in consideration of the City Grant funds described in this Agreement, and the mutual promises made herein, Grantee shall provide benefits to the City which, at a minimum, shall include: (i) the Public Benefit Program, and (ii) the marketing benefits set forth in Exhibit 1 of this Agreement. Grantee shall provide a public benefit program (the "Public Benefit Program" to be made available to City of Miami Beach residents. The Event's Public Benefit Program shall include the following, wherever pennissible and applicable within the Event footprint: Grantee shall provide the City with low (4) tickets to the Art Deco Alive! Symposium event to be contested away to City residents on City -owned social media / digital channels. Grantee shall offer free tows of the Art Deco Alivel exhibition for Miami Beach residents and students. The exhibition will be at the MDPL Art Deco Museum through December 2026. 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful Page 7 D iign Envelope ID: 5888aA3G4F81d067A170-01FM9E9COEB Doa rEmebpe ID: death, or loss of or damage to property, which the City or its officers, employees, agents, and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by Grantee or its officers, employees, agents, servants, partners, principals or contractors, or Grantee's use of the Event Site, including, without limitation, any claim that any aspect of the Event infringes upon any third-party's existing copyrights, trademarks, trade names, or other intellectual property or proprietary rights. 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 defend the City or its officers, employees, agents, and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, 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. 15.ASSIGNMENT: Neither the Event Organizer nor the Fiscal Sponsor, individually or collectively as the Grantee, shall be permitted to assign this Agreement or any of their respective rights or obligations hereunder, including to one another. Any purported assignment shall be void and shall constitute an event of default under this Agreement. 16. 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 Counys 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 City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or the City Manager's 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 may be required, at the City's sole discretion, 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 unexpended Grant funds which remain in the possession or under the control of the Grantee as of the date of termination must be returned to the City within fifteen (15) days after the termination date. However, if such funds have been committed but not yet expended, the Grantee may request, in writing, an extension of the fifteen (15) day return period from the City Manager which, if approved, shall not exceed one (1) year. Page 8 Docusign Envelope ID: 5888BA3CdF81- 814117041FMEIICOEB O usgn Envelope ID: B90B5D3F-AB224134CJ 7C-3CF4)2)W2F8 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 or in equity. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Event or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Event, any unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. Termination for Convenience. A. The Grantee may conduct the Event for the Tenn of this Agreement, unless the City Manager decides to terminate the Event, at the City Manager's sole and absolute discretion, for any reason or no reason whatsoever, for the convenience of the City. The City Manager shall notify the Grantee , in writing, of the City's termination of this Agreement. B. The Grantee may elect, during the Term of this Agreement, to terminate this Agreement and no longer conduct the Event. If the Grantee elects to terminate this Agreement, the Grantee shall notify the City in writing prior to commencement of the Event. If the Grantee elects not to conduct the Event or elects not to seek an extension of the terms of this Agreement, this Agreement will automatically terminate. 18. INSURANCE REQUIREMENTS: A. Verification of Coverage Grantee shall purchase and obtain all required Event Insurance policies for General Liability coverage in the amount of at least $1,000,000.00 General Aggregate; $1,000,000.00 Products/Completed Operations; $1.000,000.00 Personal and Advertising Injury; at $1,000.000.00 per occurrence, covering City, and all participants, no later than 10 days prior to the Event, and Grantee shall provide a Certificate of Insurance evidencing such coverage to the City's Risk Manager. Grantee shall also provide liquor liability insurance, in the amount of $1,000.000.00, and Host liquor liability insurance, in the amount $1,000.000.00. Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. B. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. Page 9 Dowsign Envelope ID: 586BBA3"F81- 87-817041F2E9E9C0EB Docusign Envelope ID: NDHD3FA822A31P13VC- RM7502FB C. Waiver of Subrogation Grantee hereby grants to the City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogalion, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. Special Risks or Circumstances The Gty of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH Go HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligation under this section or under any other section of this Agreement. 19. FLORIDA PUBLIC RECORDS LAW: A. Grantee shall comply with Florida Public Records law under Chapter 119. Florida Statutes, as may be amended from time to time. B. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance of in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of "Contractor' as defined in Section 119.0701(1)(a), the Grantee shall: i. Keep and maintain public records required by the City to perform the service; ii. Upon request from the Citys custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or espied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; Page 10 Docusign Envelope ID: 58888 F81d081E170 MEW900EB D ..gn Enveope 10: B9DB5D3F-AB22-8 "27C F4n7502F8 Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. it. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. iii. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before fling the action, the plaintiff provided written notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. ii. A notice complies with subparagraph (ixb) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. it, A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. Page 11 0 Vn Envelope 10: 5aeBB "Fe1A007-17"1F2E9E9C0Ea Drr.Kn Envelope 1099DB5D3FAWMNC-a27C-WF4727%2F8 F.IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOWMIAMIBEACH FL.GOV PHONE: 305-673-7411 20, E-VERIFY: A. Grantee shall comply with Section 448,095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January I, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Grantee shall expressly require that any approved subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Tenn. If Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS i. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. ii. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A), but the Grantee otherwise compiled with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. A contract terminated under the foregoing Subparagraphs (B)(i) or (B)(li) is not in breach of contract and may not be considered as such. iii. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (Bgi) or (B)(ii) no later than 20 calendar days after the date on which the contract was terminated. Page 12 D usign Emelope ID: 586813AJ F81E087-8171�11HEW900E8 DmusVn Envelope ID: BMMWF-AB22- C-92>C-9CF472)59]FS iv. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(i), Grantee may not be awarded a public contract for at least i year after the date of termination of this Agreement. v. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. 21. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members, if all three of the following apply. 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 million; and. 3) the grant award is for $25.000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. 22. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Grant Administrator, as identified in Section 23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. 23, CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to Grants Management Department listed below. Krystal M. Dobbins, Grants Management Division Director KrvstalDobbi ns(@m iam ibeachfl.Dov Elizabeth Canino, Grant Writer Researcher ElizabethCarrino(&m iamibeachfl.00v ARTICLE III / MISCELLANEOUS PROVISIONS 24. PUBLIC PURPOSE: 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 Agreement. 25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following Special Conditions: A. Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. 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, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing and public accommodations, public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, Page 13 Dacusgn Envelope ID: 5868BA3C4F81-8087-811011F2E9E9C0EB D .x,n Envelope ID: B9DB5D3F4iB22434G921G3CF4727W2F hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorses, and Grantee shall comply with, the Gear 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. D. 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. 26. 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. 27. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions of other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either parry's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 28. 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. 29. 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. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 30. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND SCREENING REQUIREMENT)ln accordance with Sections 943.0542. 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402. Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to this Agreement, unless the City's Contract Administrator approves an altemative process. Page 14 Docuaign Envelope ID: 588813 3 F81A087-817041F2E9E9COEB Do gn Enveope ID: 09D05D3F-Pa22-03 4127O3CF47275p2Fa 31. GRANTEE'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS: Grantee agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.08(13), Florida Statutes, a copy of which is attached hereto as Exhibit 4 and incorporated herein. 32. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A OYCOTT: Grantee warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Cade, Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 33. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Grantee warrants and represents that, within two (2) years prior to the Effective Date, Grantee has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not apply to the following: A. Any individual or entity that provides goods to a candidate for office. B. Any individual orentry that provides servicesto a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internal service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. C. Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 34. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED: Grantee hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (Pit), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a}(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a'Prohibited Entity'). A foreign country of concern is defined in Section 287.138 (1 Xc), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Grantee "rants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Grantee to execute the 'Prohibition Against Page 15 D..ign Envelope ID: 5888BA3C F81d087-8170i1F2EeE9CBEB D000eign Envelope 10BMGMWFAB22A30C-8 MXF4727502 8 Contracting with Entities of Foreign Countries of Concern Affidavit', incorporated herein by reference and attached hereto as Exhibit 4. 35. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI BOYCOTT REQUIREMENTS. As required by Section 2-375.2 of the City Code, Grantee has executed the Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements, a copy of which is attached hereto as Exhibit 4 and inwrporated herein. 36. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS. As required by Section 2-375. 1 of the City Cotle, Grantee has executed the Certification of Compliance with City Antidiscrimination Requirements, a copy of which is attached hereto as Exhibit 4 and incorporated herein. 37. CITY'S RIGHT TO SUSPEND ACTIVITIES OR REMOVE PERSONS FROM EVENT SITE. The Clty Manager shall have the authority to suspend all or any part of the activities of Event Organizer, upon verbal or written notice to Event Organizer, when, in the City Manager's sole judgment and discretion, such activities may be or are detrimental to the public or to the City, or if the City has reason to believe any law or ordinance is being violated by Grantee, its agents or employees. The City reserves the right through the City Manager, to suspend or terminate use Of the Event Site if visitors become unruly, and to reject any sponsor, presentation, material or item which is or may be, in the sole opinion of the City Manager, hazardous, offensive, immoral or disparaging to the image of the City, or to any person or group of persons. The decision of the City Manager in such regard shall be final, binding, and conclusive. Page 16 Dosuslgn Erw0op ID: eae8BA3C4F81E087-017041F2EW9MEB D...,, Envelope ID: 89De5D3FAB22�-827C 3CF4727592FB XHE IBIT 1 EVENT DESCRIPTION General: 'Art Deco Alive!' (the "Event") is a four -day event scheduled for October 9-12, 2025, celebrating Miami Beach's iconic Art Deco heritage. The Event will offer locals and visitors the opportunity to tour historic Art Deco buildings, attend themed panels, and enjoy a Roaring'20s cocktail party. Programming will take place at the Miami Design Preservation League's Art Deco Museum and the Wolfsonian-FIU Museum (collectively, the "Event Site'). The Event also highlights the unique architectural and cultural connection between Miami Beach and Mumbai—two cities that boast the world's largest Art Deco building dusters. Despite being separated by 9,000 miles, both cities embraced Tropical Deco, blending maritime influences with bold, geometric design. Their shared legacy continues to inspire contemporary design, music, food, and art, making "Art Deco Alive!" a celebration of global cultural exchange and timeless style. City Benefits: Grantee is responsible for the following in relation to the Event: A. Grantee shall anange for vendor concessions inside the enclosed area of the Event Site. All sales of soft drinks or other beverages must be in compliance with the City's beverage contract. Grantee will collect all proceeds from Event concessions. City shall have no responsibility, obligation or liability relating to vendor concessions. Grantee shall be solely responsible for ensuring that all vendors' services are provided in accordance with all applicable laws, including, without limitation, all food service, food handling, and alcoholic beverage and license regulations, including the following. 1. Grantee hereby agrees and acknowledges that, pursuant to Section 822 of the City Code, as may be amended from time to time, Grantee shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7) within the Event She. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Grantee. 2. Additionally, Grantee agrees and acknowledges that, pursuant to Section 82-8 of the City Code, as may be amended from time to time, Grantee shall not sell, use, provide food in, or offer the use of single -use plastic beverage straws or single -use plastic stirrers (as defined in City Code Section 82-8) within the Event Site. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Grantee from providing a beverage with, or offering the use of, a single -use plastic beverage straw or single - use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single -use plastic stner. 3. Grantee agrees to comply with Section 46-92(c) of the City Code, which provides that it is unlawful for any person to carry any expanded polystyrene product, single -use plastic beverage straw, or single -use plastic stirrer onto any beach or park within the Page 17 Docusign Envslops ID: 5868BA3C1F81A087-817o 11F2E9E9COEB Doo , Envelope City. It is also unlawful for any business to provide single -use plastic beverage straws or single -use plastic stirrers with the service or delivery of any beverage to patrons on any beach within the City. Notwithstanding the above, the provisions in Section 46- 92(c) that pertain to single -use plastic beverage straws and single -use plastic stirrers shall not apply to a person or patron with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single - use plastic stirrer. 4. Grantee hereby agrees and acknowledges that, pursuant to Section 82 of the City Code, as may be amended from time to time, Grantee shall adhere to City prohibition regarding the sale or use of expanded polystyrene food service articles, single use plastic beverage straws, and single -use plastic stirrers. B. Grantee shall be responsible for handling all media vendors and organizations and will be solely responsible for handling all issues relating to the media vendors. C. Grantee shall retain any and all rights to the Event, including any rights associated with Event -related apparel and/or product sales. D. Grantee hereby grants the City a non-exclusive license and right to use the title of the Event or any photographic, video, audio or other footage of the Event, in connection with any City -produced publication, including the City produced magazine or any City media outlets, such as MBTV. This section shall survive the termination or expiration of this Agreement. E. Grantee shall obtain all applicable federal, state, and local approvals, permits and licenses relating to the Event and any activities related thereto. Grantee shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any faderal, state, county or City Code requirement applicable to Grantee or to the Grantee's operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s) that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City. Grantee shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee agrees to comply with the terms and conditions of any lease, contract, or other grant agreement that Grantee may have separately entered into with the City, if any ("Other City Contracts"). Any failure by Grantee to comply with any provision of the City Code applicable to Grantee, or any breach or default by the Grantee of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure period set forth therein), shall, at the option of the City, be considered an event of Default (as such term is defined more fully below), in which event the City shall be entitled (but in no event required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of an Grantee's breach or failure to comply with said obligations. Marketing Benefits: o Event shall have a robust marketing plan with a copy of the plan to be supplied to the City of Miami Beach Office of Marketing 8 Communications o Should the name not appear in the logo lockup, the Event must recognize the City of Miami Beach as a top her partner in all announcements, posts, coverage and other, where event name is used. Page 18 Dmusign Envelops ID: 5N8BA3C-4FBI-M7-817641HE9E9CDEB D,xusgn Envelope ID: 89DM3F-A-834.827O3CF4727502F8 o City name recognition/logo to be prominently displayed on promotional materials including press releases, and all printed (stage banners, programs, site signage), social and digital collateral. o No press releases, public announcements or public disclosures relating to this Sponsorship or its subject matter, including but not limited to promotional or marketing material, shall be made public made by the Event without the prior written consent of the City. o The Parties agree not to use the other Party's name or Event names in any promotional material or public announcement without prior wntten or oral consent of the other. o Grantee agrees to make every effort to make themselves available for photo calls and/or interviews with press or broadcasting agents with a minimum of twenty-four (24) hours notice to any media event. o Grantee shall offer the City an opportunity for City representatives to speak at all press conferences and ribbon cutting events. o Event to make City aware of all press events with at least twenty-four (24) hours' notice. o Grantee shall provide the City with all video and photography, captured by Grantee, or its designated production team, from the Event, for archival and promotional purposes, and grants City a non-exclusive license to the City for its use. o City shall have the right to station two (2) photographers and two (2) video operators within the Event Site, including in any space dedicated to Event media personnel. o Grantee shall provide the City with up to four (4) VIP tickets (if available) to be contested away on City owned social media /tligital channels. o Grantee shall provide working passes for all City Marketing and Communications staff who will be working the event. City to provide a confirmed list of individual names no later than seven (7) days before the Event date. o Grantee shall tag @miamibeachnews (IG, Twitter) or @CityofMiamiBeachGovernment FBI in all social media posts o Grantee shall promote the Event on all Grantee owned social and digital channels, starting at least one month prior to Event start date. o Grantee shall make dedicated City. non -sales specific, spotlight Instagram posts. o Grantee shall make dedicated City, non -sales specific, spotlight Tweets on Twitter. 0 City name recognition/logo on step & repeat banners. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 19 Dmusign Envelope ID: 5868BA3"F81-8887-817041HE9EKOEB D usiBn Envelope ID'. 89DBW3F-A822-836C-827O3CFd727502F8 MARKETING SAMPLE S\ 111poSIWII Reso No. 2025-33900 3 OUober' 131� 1J 3G.rm-m.30pm- 'he Wol�sonianFJU Fee jYdO imr.4n.. n lees m,.. Dmuafen Envelope 0: 5868BA3CdF8141087�817IF41HE9EDCBES Docuelgn Envebpe ID: WDB5D3FAB22-834Cd27C-3CF4727502F8 EXHIBIT 2 EVENT BUDGET Raw No. 2025-33900 Budget Line Item Description Project Budget Staff Salary and Wages: Fringe Benefits. Fica/Mice & Health Insurance Consulting Services Medication Co -Payments Professional Services Event management company invoice for $22,693 towards catering, rentals, floral etc. $22,693 Marketin Publi /Advertisin Outside Services Trainin s/Worksho s Materials/Supplies Printing & Copying Postage & Delivery Equipment Rental/Purchase Utilities: Telephone, Internet, Cable Lease/Rent Repairs/Maintenance nsurance ortabon & Admission JiTrans Waste/Garbage Collodion Child Care Subsidy TOTAL $22 693 Dowsgn Envelope ID: 5866BA3"F81A0814110 I F2UE9COEB Dx siW Envebpe In e9D85D3F-Aa2 4UC 82]C-3CF4Y2r502F8 EMAIL ADDRESS: EXHIBIT 3 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM Amount of Assistance. Less Previous Total Disbursements: Balance Available. Funds Requested This Disbursement: Certification of Payment: I certify thatthe above expenses were necessary and reasonable for the completion of the Event and in accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third party funding source, including under any other separate agreement between the Clty and Grantee. Grantee Report Prepared By: City of Miami Beach Report Reviewed By: Name Page 22 Signature/Date Signature/Date Docusign Envelope ID: 5888aA3"F81-8087-8170.01F2E9E9i D i, Envelope ID. B9DB5D3F-A822-8UG827C-3CF6727502F8 EXHIBIT 4 CITY'S AFFIDAVITS AND CERTIFICATIONS This Exhibit includes affidavits and certifications required under applicable Florida law and the Code of the City of Miami Beach in connection with the execution and administration of this Agreement. To ensure acknowledgment and understanding of each requirement, the Grantee shall initial each section included in this Exhibit. The act of inhaling confirms the Grantee's review of, and agreement to, the statements wntained therein. The Grantee shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of all ini8aled statements. This Exhibit must be completed by a person authorized to make the following atlestations on behalf of Grantee Initials (J In accordance with Section 78706(13), Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not use coercion for labor or services as defined in Section 787 06, Florida Statutes, entitled "Human Trafficking". hiitials (gFG In accordance with Section 287.138. Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not meet any of the following cdterfa in Paragraphs 2(a}(c) of Section 287.138, Fbdda Statutes. (a) Grantee is owned by a government of a foreign country of concern; (b) are govemment of a foreign country of concern has a controlling interest in Grantee; or (c) Grantee is organized under the laws of or has its principal place of business in a foreign country of concern. Initials tW In accordance with Section 2.375.2 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply wish all relevant antidiscrimination laws, including the ant -boycott pmwsions of Section 2-375.1 ofthe City Code, and affirms that Grantee will not engage in a boycott of Israel, antisemitic discrimination orantaemitic speech in conjunction with Project. Initials (SFiI In accordance with Section 2-375.3 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee veil comply with all relevant antidiscrimination laws, and affirms that Grantee will not engage in discrimination based upon any classthcatlon category as set forth in Section 62-31 of the City Code in conjunction with the Project [SIGNATURE PAGES FOLLOW] Page 23 WwsVn Envelope ID: 58681aA3"F81-8081411041F2E9E 0EB Cocux,rtE.Wixx,ID: 89DB5D3F-AB22-834C421C3CF4]2)502F8 Reso Na. 2025-33900 r r � BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND CERTIFICATIONS IN SECTIONS 1.4 OF THIS EXHIBIT. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a false statement may include fines andfor imprisonment. The undersigned is authorized to execute this affidavit on behalf of Grantee GRANTEE: The Miami F ondaton, ID,., Florida not -for -profit corporation. y49/0- T / -gc.-< Io r Signature ofAuthorad Representative (Address) Name/rite: A4ds/d -1/ 61-o sated Canty of '-OtA.-0.4 The foregoing instrument was acl novledged before me by meare of �'ph�5ica1 preselhce or 0 aline rTotariratan this Y day of ./ice l 2026 by � Arise < �/ CEa , of The Miami Foundation, Inc.. a Ford nd-for-Dmtt corporation, kno a to be theaperson described herein, or who produced as identification, and who didldid not take w oath NOTARY PUBLIC (Signature) % - L � (Print Name) My commission expires: ,�2z%a7 ` ALEXNrpER 84MAN� '` Cwmh #tW3*M F-Re4. MMI14.2W D.us,, En.lape ID: S088B 4F81.8087-817P41F2E9E9C9 B IRpo Nu M2S 83200 p Mlwq A!l16/!I/l16h�►1��1 All! fO 11r AiFMVRl ND CYIfIMtl�10ltltyi�llMN U11RR1 1A ftlIMwN A7f%0 Wft00, WdW AIpU MFwWY 'r. M'nMm®MVa w n M ME~ .4 M Bq N� 1br kAerMpIT rakkkN 1 %M f:MerM 11 11. fnvlt YWM MnO Iq -'e uMbMpnc * aulMvwl w aRcu! Ml MFMM m Miwf of ^.mlrw dkANiFf a -.we aR caisrwnp Ix a usl�� cavxanwl , \ �,-l� 1.1� �26 d �rtll4s__ Tneb!pp IIBFRk�9pM wes tns ll'�'imvjol_.li1�(�7-�p294e M 2026 by aOWba(n4Oi". ryYrtW.'XJenIaOD•' dAooNna! COIN&V Inc a 7eawere ompm wn kn to m m x me p"m AkrAi6e0 h"n. a eAb PlQdWW _=1_iSd„2L_ as [lenbbcalwn, aN A IOVIi rot takeen ash NCTARY PUEUC y - VERONICA JtYiNF2 i� b NdgPyp11c • STATE OF TE%AS Nv Canm. Em. 97-16M Moisy ID r i ]p284<f 2 My CDRknIS w Bx01r88: _ • //`� Dou gn Envelope ID: 5888BA3 F81-8087417O41HE9E9COEB Dowsign Envelope ID B9D85D3F-AB22 BMCG827CJCF4n7M2F RESOLUTION NO. 2025-33900 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ALLOCATION OF $10,000 FOR A ONE-TIME GRANT TO SUPPORT ART DECO ALIVE!, A MIAMI-MUMBAI ART DECO CENTENNIAL EVENT; AND AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING. WHEREAS, separated by 9,000 miles, Miami and Mumbai are home to the wo ld's largest Art Deco clusters, bound by a shared legacy; and WHEREAS, Mumbai is believed to have the second -most number of Art Deco buildings in the world after Miami Beach; and WHEREAS, their Deco architecture, bom in the same era, speaks a common language —bold scale, geometric elegance, tropical motifs, and a timeless romance; and WHEREAS, both cities embraced Tropical Dew, weaving maritime influences into their coastal landscapes, where the sea meets the soul of design through music, dance, food, films, and attitude towards life; and WHEREAS, today, their Art Deco legacy continues to inspire architects, designers, and artists, bridging the past with the future; and WHEREAS, Art Dew Alive! creates a unique opportunity to engage with the rich legacies of both cultures, explore how they've intersected over the years, and celebrate how they continue to influence global culture in contemporary design and innovation; and WHEREAS, Art Dew Alive! will take place in Miami Beach, Florida, October 8-12, 2025, and in Mumbai, India, November 2025; and WHEREAS, events will be held at the Miami Design Preservation League Art Dew Museum, the Wolfsonian Museum, The Webster Hotel, the North Beach Bandshell, and additional venues may be added; and WHEREAS, this event will generate international publicity and attract cultural tourism to experience the vibrant Miami Beach Art Deco living history; and WHEREAS, the City of Miami Beach recognizes the economic, cultural, and educational benefits derived from international exchange and wishes to support this Centennial celebration; and Doauign Envelope ID: 5888E 1`81- 87-8170 11`2E9 SC8EB Do ign Enve "ID: 89MMF-,1M22A3 27C.XRM1WM WHEREAS, on September 25, 2024, the Mayor and City Commission adopted the FY 2025 budget, which included $1,000,000 in one-time Resort Tax funding for Cultural Anchors and Guttural Presenters; WHEREAS, funds remain available from these one-time allocations to support cultural programming, and the Mayor and City Commission wish to allocate a $10.000 grant to "Art Deco Alive!" from these remaining balances. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Commission hereby approve and authorize an allocation of $10,000 for a one-time grant to support Art Deco Alive!, a Miami-Mumbai Art Deco Centennial Event; and authorize the City Clerk and City Manager to execute the City's standard grant agreement with respect to the foregoing. /I��.�r PASSED AND ADOPTED this 3 day of q N•+IIr(,(/2�025. ATTEST:74 SET Steven Meiner, Mayor Rafael E. Granado, City Clerk (sponsored by Commissioner Tanya K. Bhatt) `cq 1t APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION KJ u u- 1�� `KYAU " oocusign Envelope ID: 586813A3 F01-81)8741]O41RE9E9COEB D.Wn Envelope ID: B8DB5D3FAB22A04CA21D¢CF4727502F0 (- fact/Dowment NolrtingiForm nt Agreement- An Deco Alive Accelerate Consuls, LLC Tourism one Culture Oeaartmenl IMaria Hernantlex Dssette Garoa Arrogante Typal -Con raq amentlmL NpN Mthe Me order, taak oNarHdrin{fmna ent issued romper solicintitn. TYpP 3-A^Vr0[ber mntrdtt, imMdment, char, cNtlNN ra , nt or roes der dwt does t result from a procurement issued eompetltNe salutation. Type3-Intlependem Caeractor Agreement llOd Typed-Ternm Mearenr TYyPa-Grin[a{reemMti with the Off as the ricgMt TYAT-bRNtm'Nnmental igencV agnemMt x Types-GnntepeemMb with the Ciry as the{mmor T,M11-Other'. On September 3, 2025,Me Mayor and Commission adoprea0.Mautfon 2025-3390Q apprpvingandauthodtiry an allocationof $10,000 for aone-time gram to support Art Uxo Aliwl, a Mlaml-Mumbai Art Dam [entennlal Event and auMoriced the Ory tlerk Md Cky Manager to execute the Ow's standard grant agreement earth respect to the foregoing. This event took place on Octaber 8-12 2025, The funding far this agreement is allocated In the FY 2026 Resort Tax Budget... -. Grant Funded Yes No State Federal Other: x w 1 $1Q000 IM-0380-000349-25406-548-0 WW Yes71-- Yeg yes For contracts longer than five years, mntad the Procurement Departmeent. 2. Attach any supporting explanatim needed. & gtsagat 1.q apporal indicates approval fsr the c..M Beal war only. Future Years are subject b CNy [omission appraged Of the amwl adopted operating budget. IL City Commission Approved: Yes No 0.esolWI; No.: CCAgenda Nero ND.: 2Maefrrg Dale: 2025-38900 0.7Q 9/3/2025 If no, explain why [[approval is rant required: Legal Farm Approved: 1. Yes I No Ifno,expIMnbebw yformappr lr nornecessary: Procurement: N/A Grants: N/A Budget rd~f.6 ab spAyt xE l0EE1 W.. Information TechetIM: N/A 0.isk Management: N/Aaat Heet&Fxilitia: N/A Human Resaurtes: N/A Other. N/A