Grant Agreement with the Miami-Dade Gay and Lesbian Chamber of Commerce for $25,000.00 Pegg 2015- 2`17
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GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA(CITY)AND MIAMI-DADE GAY AND
LESBIAN CHAMBER OF COMMERCE(MDGLCC or GRANTEE)TO SUPPORT OPERATIONS OF MDGLCC AT
1130 WASHINGTON AVENUE-1ST FLOOR NORTH, MIAMI BEACH, FLORIDA 33139, VIA THE CITYWIDE
GRANTS PROGRAM
This Grant Agreement is entered into this `� day of 0 G11' 2015, between the City and Grantee.
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Article I/Grant Description
1. Grantee: Miami-Dade Gay and Lesbian Chamber of Commerce
Grant Contact: Steven Adkins, President& CEO
Address: 1130 Washington Avenue-1st Floor North
City, State, Zip: Miami Beach, Florida 33139
Phone, fax, e-mail : 305.673.4440 steve @gaybizmiami.com
2. Grant amount: $25,000 (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, 2016
6. Project completion date: September 30, 2016
7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project
completion date.
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IN WIT E S WHEREOF, the parties hereto have executed this Agree.. t this —r day of
0 ✓ , 2015. �� �►
/" Signature �`
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��! - 1"`B`F I , TATE OF FLORIDA, COUNTY OF MIAMI-DADE
Philip Levine, Ma,or z ;%- ..l t
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profit corporation. He/She is personally known to me
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as identification.
Signature of Nota libic-i
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APPROVED AS TO
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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 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 ( For
example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 30th 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 responsibility of
the Grantee. The Grant funds will only be supplied to the Grantee after all the parties have executed 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 (1130 Washington Avenue-1St Floor North) 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 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 funded in part 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
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claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
resulting from the performance of 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 defend 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.
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Article III I 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.
(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
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Exhibit 1—Project Description
Pink Flamingo Hospitality Program
Overview& Phase I
Pink Flamingo hospitality program caters to the LGBT travelers.
There is no denying that tourism is the market driver of our South Florida economy. The loyal global
LGBT market has continued to prop up our tax receipts and estimates project that we will spend in
excess of$1.7 billion locally this year soaking up the sun and reveling in all great things our
destination has to offer. In 2011, The Miami-Dade Gay and Lesbian Chamber of Commerce
(MDGLCC) in partnership with the YES Institute, GMCVB, The Miami Beach Visitor and Convention
Authority(MBVCA), GMBHA, and the LGBT Visitor Center launched Phase I of the Pink Flamingo
Hospitality Certification Program to ensure it did its best for the LGBT visitors.
The Pink Flamingo Hospitality Certification Program training program are conducted by MDGLCC's
partner, YES Institute, the industry source for knowledge on gender and orientation. YES institute
provides one and one half hour educational workshops for hoteliers that address fears and
misinformation that leads to discrimination by using a unique discussion method designed to turn "us
vs. them" into just"us," so no one is seen as an outsider.
So as several hoteliers across the country(and new locally) are presenting deals to lure gay
newlyweds, Miami hotels who are members of the MDGLCC will be taking it one step further.
Several of them will be offering love birds complete gay-friendly packages that can guarantee no
questions asked when guests show up for their king-bedded suite and no raised eyebrows for
holding hands poolside. Any demands to make their guest feel at home will be met.
Once certified in the Pink Flamingo Hospitality Program, hoteliers are promoted on the MDGLCC's
website as a recommended stay for LGBT travelers and will receive tokens that guests can redeem
for a gift bag at the LGBT Visitor Center. In exchange for the gift bag, visitors are asked to fill out a
brief survey about their travel opinions. With the recent surge in gay marriage, Miami hoteliers
understand the many benefits of certification.
Phase II—2015/16 and beyond
A meeting between invited stakeholders took place in July to create a secondary launch of the
program. In addition to the 3 pronged program deliverables of training, inspection and, promotion,
attendees helped create the new platform around the wedding and reception market. With legal
approval of same-sex marriage in Florida, our area is likely to be one of the most popular markets for
nuptial celebrations. MDGLCC published a "South Florida Guide to Same-Sex Weddings" in the first
quarter of 2015 (Completed in summer 2015). Although 35 other states have had a head start over
Florida, no other location brings what we have to offer to the wedding market. This Phase II of the
project will help define ways we can capitalize on the opportunity presented in this"new era!"
Phase III—2015/2016 and Beyond
As part of our program of work, beginning in October 2015, the MDGLCC will commence a monthly
affinity program with its hospitality partners (focusing on attractions, hotel and restaurant properties
on Miami Beach). The focus of this program will be to bring visibility to the Pink Flamingo Hospitality
Certification Program, increase participation in the Pink Flamingo program, provide area member
hosting opportunities for the monthly meetings/trainings, increase market awareness for visitors by
sharing event calendar items, increase traffic to Miami Beach Visitor Centers (particularly the LGBT
Visitor Center which promotes Miami Beach attractions and businesses), create survey opportunities
around important year-round activities, distribute tourist related materials for mass market
distribution, allow LGBT& allied employees better access to one-another and, showcase Miami
Beach's year-round appeal as an LGBT destination (visitors and locals).
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Exhibit 3/Key Initiatives
Grantee's Responsibilities
1. Grantee's funded services shall support the following City Key Intended Outcomes, and Grantee shall
provide documentation of such support:
• 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 shall 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, 2016), 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 shall maintain the following documentation 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 shall submit a final report to the City no later than October 15, 2016, which documents the
efforts undertaken to support the Key Intended Outcomes, and includes the following information:
a. A summary of the overall project and its impact on the identified Key Intended
Outcomes; and
b. A final project budget.
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Exhibit 4—Key Performance Indicators
• Monthly Calendar of Pink Flamingo Program Events
o PluggedIN Weekly Calendar
o GayBizMiami.com Event Calendar
• Pink Flamingo Monthly Certification Trainings
o Held monthly at LGBT Visitor Center on Miami Beach
o Held at Member Hotel Properties (over 10 persons)
• New Staff Hire (January 2016)
o Responsibilities to include
• Pink Flamingo Member Relations
• Event Scheduling
• Training Scheduling
• Certification Program Billing
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• Collateral stocking (and replenishing)
• Liaison with Hospitality Market and Local Visitor Centers
• Coordinate Surveys with GMCVB, LGBT Visitor Center& Local LGBT Event
Organizations (Pride, Winter/White Parties, Aqua Girl, MiFo Film Festival et
al.)