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Grant Agreement with the Miami Beach Chamber of Commerce for $36,000.00 Imo- �q! GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA(CITY)AND MIAMI BEACH CHAMBER OF COMMMERCE I VISITOR CENTER(GRANTEE)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 � day of / 2L474 /, 2015, between the City and Grantee. Article I l 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 30,2016 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. , IN WITNESS WHEREOF, the parties hereto have executed this Agreement thi. 0 day of /j i/t4f71/ r 20'15.; • �! Signature tai_. J • / / °` STATE s F FLORI"A,COUNTY O" ` IA II-DADE Philip Levine, -yo The foregoing '- - ument was acknowledged before Attest: / me this 5 day of- Kt 2015, by ax 10 h'\c4.. Y i ss of _ a not-for- /!.�'._�����.. _ 1'Y1iG►m• Beach C(�mhe�%Uf—Corm, Rafael Granado, y CI-4.fra`•...:.. �'Itit profit corporation. He/She is personally known to me (Grantee's Corpora.tom -l•fler-l\ i •''•� pit,, or has produced FL Dr i vt Li C�s� r �� I �"''��'r _ as identification. � *.INCORj .f9I RATED. i"9• '' '��c' Signature of No �► slic GRANTEE: � inti c*--- Federal ID#: 1 "' b3 l Notary Name: NI &v 1 eiI 3/ BY: ■ 'J`ia E. MA 4/11 i so Notary Public, State of Florida Printed Name of Organization's Authorized Representative (City Attorney Approval Here) My Commission Expires: APPROVED AS TO FORM & LANGUAGE _ _ __ _ _ • & FOR EXE UTION :;a: MIMIfL A F08UEi1 RA, Pr\-- 1 ( _ Not ary r1�lk•Slat.of Florida ft„-.‘.A- Cron I FF 210837 City Attorney Date 5 � ,-, My COMM.Expires Am 16,2019 eanliegrorr,f+raoiae Noisy Assn. -2-of 9 Article II I 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 (1920 Meridian Avenue) 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 3of9 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. 4 of 9 • 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) 5 of 9 Exhibit# 1 - Visitor CenterNisit Miami Beach: In Fiscal 2015/16, the Miami Beach Chamber of Commerce will use the City of Miami Beach funds to continue to successfully operate the Miami Beach Visitor's Center, now known as "Visit Miami Beach" (VMB) located in Hall C on the first floor of the Miami Beach Convention Center, with a multilingual staff which consists of a Director and several well-informed assistants who meet and greet thousands of tourists, conventioneers, residents, and business travelers annually. VMB has successfully received visitors that come with the conventions, meetings, and expos which utilize the Convention Center to assist in promoting all tourist attractions throughout the region. VMB promotes over 30 sightseeing tours, showcasing Miami Beach, Miami and Dade County attractions. VMB, a distributor of the Miami Go-Card offer tourists and residents free or discounted admission to over 35 Dade County attractions, restaurants, magazines, newspapers, weekly guides, maps, bus routes in several languages. The Go-Card is advertised on every internet travel site, not limited to: Travelocity, Hotels.com, Smart Destination, Expedia, etc. which draws thousands of visitors to our location. Our boutique gift shop has an array of books, post cards, greeting cards along with a variety of Beach souvenirs as well as a variety of sundry items. We offer on-site hotel reservations, along with our on-line reservations system for travelers who want to book a hotel room before they arrive. VMB staff makes it possible for every person to leave with full knowledge of how to enjoy their time in the City; whether it's a family vacation, a corporate meeting, a romantic getaway or an opportunity to be part of some of the most highly acclaimed festivals, art exhibitions and events, VMB staff will provide the traveler with all they will need to know in order for them to have a better experience during their stay in the City. VMB has a well-informed website. We advertise in Greater Miami Convention and Visitors Bureau materials. Visit Miami Beach is.also listed in several Miami Beach and Dade maps. Historically, the number of served visitors to VMB at the Convention Center site has been as many as 150,000, including children, adults and those with special needs. Open daily from 10 a.m. to 4 p.m., with extended hours during conventions and trade shows. INcard/Apogee Card Program The anticipated City funds will also help the Miami Beach Chamber of Commerce's commitment to growing business in Miami Beach by reaching global markets through a variety of outlets. The Miami Beach INcard, which is being rebranded in October 2015 as the Apogee Card, will focus on driving traffic and tourists to local businesses by offering a 20% discount at local businesses through a Prepaid Card program. This program is focused on in-bound tourists by giving them the opportunity to visit participating local businesses. Throughout the year, the Apogee Card will send a monthly newsletter updating cardholders to inform them about new businesses that have joined the program and inform them on updated offers. By focusing staff and resources on Facebook, Twitter, YouTube, and other viral campaigns, we will work to globally enhance this brand and tourism to Miami Beach and the surrounding area. Partici.atinci Hotel Chamber Members: Exhibit# 1- Pq. 2 The Miami Beach Chamber of Commerce has an extensive list of Hotel Members which actively participate in Chamber sponsored events and promotions. It is anticipated that some of the Hotels will participate in the new Apogee program, along with their continued involvement on other Chamber events. VMB refers visitors to these and other local hotels in the area. A short list of member hotels include: Clevelander I Essex House Courtyard Miami Beach South Beach Crystal Beach Suites Hotel Delano Surfcomber Miami - South Beach, a Kimpton Hotel Eden Roc Miami Beach Essex House Hotel, Inc. Fontainebleau Miami Beach Hotel Chelsea Hotel Shelley Freehand Miami Loews Miami Beach Hotel Project Budget Exhibit # 2 [LAL'.;C�171rF'i..'��iX�CFZLS3in'iF.��p71 r sxasr._vw�mevy r.*-�rss tzvices4�a=� Lr'J.l•3iTiT.."3'LTiFII=S�1Rf��ri���.d7:�SCSJ.•4:'xa'ies�rt�sl$F.EI:'R1°"u�qlrSSi59 �dIPIl319.a�SSh'7kinrL3 '!2_� �!i[i'iL�S�Si7:i�.:_--- R'[R7J&!6"'"^�4Er,.i-T,'C:ZF3'Pfi X2'3' CASH EXPENSES: CASH REVENUES Actual In-Kind Secured Anticipated Personnel Total(Administrative+Artistic+Technical) 157,0001 1 Admissions Administrative 157,000 Vendors 75,000 Artistic Contracted Services Other Technical Fees Private Contributions • Corporate Support(Provide Breakdown) Marketing Total(Fees+Print+Design) 29,9001 1 1 Facility Rental 5000 Fees 2 Print 10,000 3 Design 19,900 4 5 Advertising Total(Print+Design) _ 23,0001 Print 17,000 Federal Grants: Design 6,000 1 2 Public Relations(Fees+Press Materials) I I 3 Fees Press Materials State Grants: 1 Postage/Courier 1,100. 2 Travel 3 Equipment Rental Space Rental Local Grants: City Services 1.City of Miami Beach monies 36,000 Insurance 2.TDC 20,000 Supplies/Materials 3 GMCVB 30,000 Other Expenses: 4. Miami Beach VCA 30,000 Giftshop 2,500 _ Foundation Grants: Tours 37,500 1 2 3 Other Revenues: _ 1.Giftshop 2,875 2.Tours 52,125 3 CASH ON HAND I Total Revenues: I 251,0001 'otal Expenses: 251,000 Total Secured+Anticipated Revenues: 251,000 FY 2015-2016 —Tourism Advancement Program-Tourism Partnerships 7 • Exhibit 3!Key Initiatives Grantee's Responsibilities 1, Grantee's funded services shall support the following City Key Intended Outcomes, and Grantee shall provide the following documentation of 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. 8 of 9 Exhibit 4/Key Performance Indicators 1) The Miami Beach Guest Website received approximately 14,000 sess ions from over 12,000 users. These users,with over 69%coming from the USA surfed through 2 to 3 pages of the website when they entered the site. Other users came from Italy(5.20%), Brazil(2.98%),with France and England and Spain each at approximately 1.5%. 2) The number of Walk-Ins estimated to visit the Visitor Center is expected to be 150,000,although we may experience a drop due to the anticipated construction of the Convention center 3) The New Apogee Card,(replacing the InCard) is expected to be rolled out in January of 2016.The old InCard was not distributed due to the anticipation of the new card, and the current ineffectiveness of the card.The Apogee will be managed,sold and distributed by IGT Holdings and is expected to be focused more on the tourist and not the local market. 4) The Visitor Center offers over 30 different types of tours,and experienced great success selling over $52,000 worth of tours to our tourists. 5) The Miami Beach Guest Website was responsible for booking 47 Room nights totaling$6,076 in hotel revenue. The Miami Beach Chamber is not satisfied with these numbers,and attribute it to the antiquated look of the Website. The chamber will be reprogramming the Website to be a more modern look-focused on appeal and driving users to more pages and bookings. I of 1 4111.11.116. 41110111b■ MOM�a■I OFFICE OF THE CITY ATTORNEY Date: OeL q 201 � 5 Do umen A II ,► >> , e .. .• ` i 1.Li 111l 1,/1 X11 I I i , 0 A it I I Contact Person: I . are x (, I1 Phone: X 6&11, Department: First Time Review Assigned to: N;(4-- ❑ Returned w/Changes Corrections Done Form Approved 1114\ 15 This coversheet must be kept with working document until final form approval.