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Grant Agreement with the Miami Beach Chamber of Commerce. Amount $36,000 I, .\ ao 2016 - 29'57-9 • • • GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA(CITY) AND MIAMI BEACH CHAMBER OF COMMMERCE/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 #7 day of ✓�i v ' r ' , 20 between the City and Grantee. Article I/Grant Description ti 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 : 305.674.1300, 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. Expenditurekdeadline,<i; :_. ` ,September 30, 2017 6. Project•.completion"date: ;:September 30, 2017 7. Final>Rep1ort'dea:dline: _.,._Must be postmarked or delivered no later than 15 days after Project completion date. • 14 i • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 1/ Ii day of J - - 9A7' t 2014r/7 ,,'`�� / Signature �s� i STAT F FL RIDA, COUNTY OF MIAMI-DADE Philip Le i - -4-or ' " • The foregoing instrument was acknowledged before AttP ./ „co.0 • y me this%/today of �c�JVA.KY 20187 r �cji'`��` �.���1 �j� by ,5e 1 y h� r� of l7Z - (lam\••'' .'j• 4 ,arrt: Sea.4a G4(...�.4oi a Caw esoft, not-for- Rafael Granad , Ci Irk ' � _� .;.fit corporation. He/She is personally known to me (Grantee's Corporate Seal Here .,p gBAjE) o has produced F pz. . . . to .1 identification. � � 1,.-. \ .••',0,47 ignature of Notary Public GRANTEE: Federal ID#: 5-1-03.5--k 2') Notary Name: £4we1 .54,.5/dam. 44...t p„,.1,- BY: J'e2ie y 2..,`e4„� Notary Pu M,'N . RnenoNSEBAS - ---- A I, Printed Name of Organization's Authorized rf; +•'•�;r:. Representative 17 :s MY COMMISSION 0 GG 030524 w..' �. EXPIRES:September 14,2020 '' . •Ttvu Notary PuNIC U denKiters My Comm :.51'81;' ii�,i .- — — -. (City Attorney Approval Here) - APPROVED AS TO FORM & LANGUAGE &FOR EICECUTION j .,...i_ 1-2. \— c — % ri City Attor ey Date / N -2-of 9 Article Ill 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 and 530 17th Street ) 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/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 Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations 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, domestic partner status, labor organization membership, familial situation, or political affiliation. 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) 5of9 Exhibit#1: Visit Miami Beach/Miami Beach Visitor's Center In FY 2016-17, the Miami Beach Chamber of Commerce(Chamber)will use the City of Miami Beach (CMB) funds to continue to successfully operate Visit Miami Beach (VMB), the Miami Beach Visitor's Center. VMB will be relocating from the long-time location in Hall C of the Convention Center to its new location across the street at 1661 Pennsylvania Avenue (address subject to change). VMB's multilingual staff meets and greets thousands of tourists, convention goers, residents, and business travelers annually. VMB has successfully welcomed and received visitors that visit for conventions, meetings, and expos which utilize the Convention Center, local hotels, and other venues to assist in the promotion of all tourist attractions throughout the region. The VMB website, Miamibeachguest.com, provides a directory for all types of tourists' needs, such as hotels, activities, tours, dining, shopping and more. Visitors and prospective visitors are able to book hotels, purchase a Go Card or Explorer Pass (both of which give access to a variety of Miami attractions), and research restaurants, upcoming area events, and various other Miami activities. VMB offers several different sightseeing tours, adventures and transportation to various landmark locations and tourist destinations in and around Miami Beach. Tours included are the Go Card, the Explorer pass, Segway, bus,jet and boat tours, Duck tours, transportation to shopping malls and much more. The Go Card gives visitors (and residents as well) access to 35 of Miami's attractions at a discounted price, and must all be used in a single day. The Explorer pass offers users 3, 4, or 5 adventures that must be used within 30 days of purchase. These cards are advertised on internet travel sites, not limited to: Travelocity, Hotels.com, Smart Destination, and Expedia, which draw thousands of visitors to our location. The knowledgeable and friendly VMB staff can help visitor's book hotels and tours, and answer any questions about the city and surrounding area. VMB's boutique gift shop sells an array of books, post cards, greeting cards and a variety of Beach souvenirs as well as a variety of sundry items such as toothpaste and sunscreen. VMB staff will provide the traveler with all they will need to know in order to have the best experience during their stay in the City. Our staff makes it possible for every person to leave with full knowledge of how to enjoy their time in the City; whether it's for a family vacation, corporate meeting, romantic getaway or an opportunity to be part of some of the most highly acclaimed festivals, art exhibitions and events. 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. VMB is open daily from 10am to 4pm with extended hours during special events. • Media& Marketing Plan Our marketing plan is largely two-fold with our website-MiamiBeachGuest.com—and our Visit Miami Beach visitor center both providing special services which make Miami Beach a premier destination. The website offers opportunities to book hotels, tours and attractions, provides dining and shopping options, and much more. The other component of the program is VMB, which provides concierge services and retail options for visitors during their stay in Miami Beach. The knowledgeable and friendly staff assist visitors with their needs, including booking hotels and tours, purchasing Go Cards and Explorer Passes, suggesting dining and shopping options, and much more. Due to the closing of our home base in the Miami Beach Convention Center within the year, we will need to widely publicize our new location once it is finalized with all of our social media campaigns. By focusing staff and resources on Facebook, Twitter, YouTube, and other viral social media campaigns, we will work to globally promote the Visit Miami Beach brand and tourism to Miami Beach and the surrounding area. 6 of 9 Exhibit#2: Project Budget 'CASH snpcmoc� cusxnsvcmucs | / - � x�"� m��u � ---- | I Secured | Anticipated 1 Personnel rum/Kmmm/�mu" +mt/suc~remn/c�) --- $125,400 Admissions 'Administrative $125,400 Vendors $50,967. 1 Artistic con�o��mm�e -- --- pnv�ecunmum/ Other Technical -____----__- -----------���----'---'-------�- 1 | | Corporate Support(Provide Breakdown) ! Marketing Total Design) | $280001 1 __-|_ Fees 2 1pnm $10,00 .a Design $18,000 | 4 \ --- ---- I - | |��mungmtal(Print+Design) $23,000 Print $17,000 Design $6,000 -- ---- ------ -� |----- ----- - - --'- -------'------ ---2 pum���u9n,(��+��s�^o���) _ ----- | 7071 Fees ] L . / ----I Press State Grants: | _____ | 1____ Postage/Courier $1,100 2 ' rraveL 3 - _- -_----_ - - ---| Equipment Rental / 1 / FS—pace Rental Local Grants: 1 | City Services _ 1.City of Miami Beach monies L $36,000 Insurance 2.TDC | $20,000. Supplies/Materials 3.GMCVB � $30,000 4. ' $30,000 Other s�� . ----- | | � | |s�moo L ��r '----__ |nun | $2*,391 _ u | ` 2 --___ . | | a \ | | | -1 | | - -------------- --�------ ' -- - !Other Revenues � | | 1.Gift Shop } $8,400 | ! / - | | ICASH ON HAND r | | \ � -- ''--- ' --- --'- ------ -----'---- —�— — ---�------'------�—| ---. !Total xeveoms� ) moz�r . � i��/*9e"�, | $207,367 Total $207,367 ---------��- --�� _ [��__[ | __ �� �� __.���___'--- __—__' �|—�[__' [ I 7of9 • 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, 2017), 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. MiamiBeachGuest.com received approximately 5,000- 10,000 unique visitors per month. These users, with over 70% coming from the USA browsed through 2-3 pages of the website. The other 30%was made up of our global visitors. 2. The number of Walk-Ins estimated to visit VMB is expected to be 135,000, although we may experience a drop due to our new location and the construction of the Convention center. While VMB staff requests that visitors and guests sign the logbook, most do not. We estimate that approximately 30,000 guests per month have visited, called, faxed or emailed VMB based on previous years. i. According to the GMCVB Research Department, 15.5 million visitors came to Greater Miami in 2015. They estimate that over 75%visited South Beach. Based on our calculations, approximately 3%of visitors having attended festivals, conventions and conferences in Miami Beach and have had some contact with VMB. ii. This does not take into account those that directly outreach to us via phone, email or fax. 3. The Visitor Center offers over 30 different types of sightseeing tours, and experienced great success selling over$32,000 worth of tours to our tourists. 4. A new design is in process for MiamiBeachGuest.com and the website will have a whole new look and feel for our end users. We have partnered with Expedia.com for hotel bookings and expect the number of bookings to conservatively exceed 50. We will still offer concierge services to book hotels for visitors, or they can easily book for themselves. 5. The Miami Beach Map is distributed around the City with an annual circulation of 10,000. • 9 of 9