Grant Agreement with Miami Dade Gay & Lesbian Chamber of Commerce Reso No. 2021-31872
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2021-2022 GRANT AGREEMENT
PROJECT NO.: 23 1-CM B-03
FEB 1 0 2022
This GRANT AGREEMENT is made and entered into this day of
20 by and between the City of Miami Beach, Florida (hereinafter the "City"), and the Miami-
Dade Gay & Lesbian Chamber of Commerce, a Florida not-for-profit corporation (hereinafter the
"Grantee"). This Agreement is effective October 1, 2021, the "Effective Date."
ARTICLE I / GRANT DESCRIPTION
GRANTEE: Miami-Dade Gay & Lesbian Chamber of
Commerce
GRANTEE CONTRACT ADMINISTRATOR: Steve Adkins
ADDRESS: 1130 Washington Ave. 151 FL North
CITY, STATE, ZIP: Miami Beach, FL 33139
PHONE: 305-673-4440
EMAIL: steve(@,daybizmiami.com
GRANT AMOUNT: $25,000
PROJECT DESCRIPTION: Exhibit 1
GRANT PROJECT BUDGET: Exhibit 2
GRANT TERM: October 1 , 2021- September 30, 2022
EXPENDITURE DEADLINE: September 30, 2022
PROJECT COMPLETION DATE: September 30, 2022
FINAL REPORT DEADLINE: October 15, 2022
FINAL REIMBURSEMENT
REQUEST DEADLINE: October 15, 2022
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
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Rafael E. Gra .do, City Clerk `B. s' Ali T. Hudak, City Manager
FEB 1 0 2022 'IN P�ORA D 40
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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, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized designee
(the "Contract Administrator").
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. Any modification to Exhibit
1, Project 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 activities, services, and/or goods to be provided within the City of Miami Beach.
3. GRANT PROJECT 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 shall be
spent in accordance with the Grant Project Budget, attached hereto as Exhibit 2. Any modification to
Exhibit 2, Project Budget, shall not be effective unless approved by a written amendment to the
agreement signed by the City Manager and Grantee. Notwithstanding the foregoing, no modification to
the project budget shall exceed the Grant Amount set forth in Article I of this Agreement. Any request
by Grantee to modify Exhibit 2, Project Budget, shall be made in writing, using City approved forms,
detailing and justifying the need for such changes.
4. REPORTS: This Grant has been awarded with the understanding that the activities, services,
and/or goods, contemplated under the Project Description will mutually contribute to the enhancement
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 quarterly reports to the Contract Administrator by the following dates: January 15th, April 15th
July 15th, and the final report by October 15th.
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 are public records under the Florida law, and
may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports
must be submitted on Exhibit 3, the Grant Quarterly Status Report Form, detailing Grantee's compliance
at the time of a partial reimbursement request.
5. REIMBURSEMENT REQUESTS: Reimbursement requests must only be made after
expenditures have occurred. All reimbursement requests must be submitted on the form in Exhibit 4,
Grant Reimbursement Request Form. All reimbursement requests must be submitted prior to October
15th,2022 . Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (with
copies of both front of 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 grant budget. Invoices and checks must be directly related to expenses
for Grant-funded activities taking place within the 2021-2022 Fiscal Year.
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6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth
in Article I, subject to availability of city funds and other restrictions set forth herein. In awarding this
Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of
the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant
funds will only be remitted to the Grantee once the Mayor and City Commission have approved the
grant award, and once all parties have executed this Agreement.
7. GRANT RESTRICTIONS: 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 or political contributions; or events not open to the public.
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 Term specified
in this Agreement.
9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct evaluations of the Project under this Grant, which may include, with
or without limitation, visits by City representatives to Grantee's offices and/or the site of any project
funded by this Grant, 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 documentation
or written reports (prior to the Project completion date) evidencing Grantee's progress on the Project.
10. BANK ACCOUNTS AND BONDING: Grantee 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. The Grantee shall provide the City with the name of the bank or savings and loan association,
as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds.
11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities under this Grant must take place
during the City's fiscal year (October 1 — September 30) for which the Grant is approved. The Grantee
shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in
conformance with generally accepted accounting principles and 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 the Grant is 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 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 (which may be verbal 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 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 deemed a breach of this Agreement.
12. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit
line in all publications related to this Grant: "This Project is funded in whole or in part by a grant
from the City of Miami Beach." Grantee's failure to comply with this paragraph shall be deemed a
breach of this Agreement and may preclude future grant funding from the City.
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13. 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 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 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.
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.
14. 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 this Agreement.
15. 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 City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
16. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with
any of the provisions of this Agreement, the City Manager 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 this Agreement 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
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may be available to it under the law.
Notwithstanding the provisions of this Section, and without regard to whether City has exercised
the default provisions herein, the City Manager 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 Project or the content of any
required written report. In the event of discontinuation of the Grant, 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 unexpended Grant Funds.
17. Force Majeure:
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the
Grantee or the City's obligations under the Agreement, and (ii) is beyond the reasonable control
of such party unable to perform the obligation, and (iii) is not due to an intentional act, error,
omission, or negligence of such party, and (iv) could not have reasonably been foreseen and
prepared for by such party at any time prior to the occurrence of the event. Subject to the
foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires,
epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine
restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or
other acts of God which prevent performance. Force Majeure shall not include technological
impossibility, inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Grantee's performance of its contractual obligations is prevented or delayed by an
event believed by to be Force Majeure, such party shall immediately upon learning of the
occurrence of the event or of the commencement of any such delay, but in no case within fifteen
(15) business days thereof, provide notice of(i)of the occurrence of event of Force Majeure, (ii)
of the nature of the event and the cause thereof, (iii)of the anticipated impact on the Agreement,
(iv) of the anticipated period of the delay, and (v) of what course of action such party plans to
take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of
the occurrence of a Force Majeure event is a condition precedent to allowance of any relief
pursuant to this section; however, receipt of such notice shall not constitute acceptance that the
event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure to
carry out such obligations. The suspension of any of the obligations under this Agreement due
to a Force Majeure event shall be of no greater scope and no longer duration than is required.
The party shall use its reasonable best efforts to continue to perform its obligations hereunder
to the extent such obligations are not affected or are only partially affected by the Force Majeure
event, and to correct or cure the event or condition excusing performance and otherwise to
remedy its inability to perform to the extent its inability to perform is the direct result of the Force
Majeure event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure
event causing the suspension of performance shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
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(E) In no event will any condition of Force Majeure extend this Agreement beyond its stated term.
If any condition of Force Majeure delays a party's performance for a time period greater than
thirty (30) days, the party not delayed by such Force Majeure may terminate this Agreement,
without further obligation, except with respect to provisions which are intended to survive the
expiration or termination of the Agreement.
(F) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend City's payment
obligations under the Agreement, and may take such action without regard to the notice
requirements herein.
18. INSURANCE REQUIREMENTS:
A. Grantee shall provide the required insurance certificates, endorsements or applicable policy
language effecting coverage required by this Section, as follows. 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.
i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and
Employer's Liability Insurance with limits of no less than $1,000,000 per accident for
bodily injury or disease.
ii. Commercial General Liability on a comprehensive basis, including products and
completed operations, contractual liability, property damage, bodily injury and personal
& advertising injury combined single limit of $1,000,000 per occurrence for bodily injury
and property damage. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $500,000 combined single limit
per occurrence for bodily injury and property damage.
B. Additional Insured Status
The City of Miami Beach, Florida must be named as an additional insured with respect to liability
arising out of work or operations performed by or on behalf of the Grantee.
C. Waiver of Subrogation
Grantee hereby grants to 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 subrogation, 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 A:VII,
unless otherwise acceptable to the City of Miami Beach Risk Management Office.
E. Special Risks or Circumstances
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The City 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
c/o 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 Section 13, or under any other section of this Agreement.
19. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either party's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the Contract Administrator. Any notices required under
this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee
Contract Administrator.
21. 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.
22. 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 and
signed by both parties. Any change to the Grant Amount shall require approval by appropriate action
by the Mayor and City Commission.
23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for
reimbursements is to be submitted to the City Contract Administrator listed below.
Judy Hoanshelt
Director, Grants and Intergovernmental Affairs Division
City of Miami Beach
Office of The City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: 305-673-7010
Fax: 786-394-4675
Email: judvhoanshelt(c�miamibeachfl.gov
ARTICLE III I MISCELLANEOUS PROVISIONS
24. The Grant awarded herein is the result of a finding by the City, based on representations,
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
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terms of this Agreement and will allow the City to seek remedies including, but not limited to, those
outlined in this Grant Agreement.
25. 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, and Grantee shall comply with, the clear 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.
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. 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 or 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 City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied 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;
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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;
iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in
possession of the Grantee or keep and maintain public records required by the City to
perform the service. If the Grantee 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 Grantee 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 Grantee 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.
ii. 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 filing 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 (i)(b) 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.
iii. 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.
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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: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
28. 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, (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. 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, 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 times the records, materials, and
Page 11
other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for
examination, audit, or reproduction, until three(3) years after final payment under this Agreement or for
any longer period required by statute or by other clauses of this Agreement. In addition:
i. If this Agreement 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 Agreement 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 Agreement.
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.
29. 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.
30. E-VERIFY:
(A) To the extent applicable, 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 1, 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 any contractor
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 employee or contractor during the contract Term. If Grantee enters
into a contract with an approved contractor, the contractor must provide the Grantee with an
affidavit stating that the contractor does not employ, contract with, or subcontract with an
unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the
Agreement or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) 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.
(2) If the City has a good faith belief that a employee or contractor has knowingly violated
the foregoing Subsection 10.9(A), but the Grantee otherwise complied with such
subsection, the City will promptly notify the Grantee and order the Grantee to
immediately terminate the Agreement with the employee or contractor. Grantee's failure
Page 12
to terminate an employee or contractor shall be an event of default under this Agreement,
entitling City to terminate the Grantee's contract for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or(B)(2) is not in breach of
contract and may not be considered as such.
(4) The City or Grantee or contractor may file an action with the Circuit or County Court to
challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20
calendar days after the date on which the contract was terminated.
(5) If the City terminates the agreement with Grantee under the foregoing Subsection (B)(1),
Grantee may not be awarded a public contract for at least 1 year after the date of
termination of this Agreement.
(6) Grantee is liable for any additional costs incurred by the City as a result of the termination
of this Agreement.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 13
EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
The LGBT Community is one of the largest minority groups resident to Miami-Dade County.
With an estimated local spend of over$8 billion (source: Witeck Combs/Harris Interactive), the
City of Miami Beach has long recognized the importance of this market. Tourism is a major
economic driver on the beach and, LGBT travelers long ago found Miami Beach to its liking.
However, with an ever-growing list of competitors in the market, we need to work better and
harder to retain and grow this important market. The Miami-Dade Gay & Lesbian Chamber of
Commerce ("MDGLCC") has included in its Mission Statement the importance of tourism to its
membership and, the local economy. With approximately 30 percent of its membership in the
hospitality market on the beach, it is vitally important that the needs of business (and the City)
are addressed in our business plan. Key to distinguishing ourselves from other competitors in
this market are:
• The Pink Flamingo Hospitality Certification Program (based on market availability and program
re-development).
• Hospitality Council - A monthly meeting of chamber hospitality members (virtual or in-person),
city officials, industry partners and, LGBT organizations which hold events in the City of Miami
Beach to discuss ways to retain and attract LGBT Tourism; discuss City initiatives and create
tracking mechanisms to support VCA grant requirements.
• Hospitality Council Newsletter - a monthly news and analytics communication for the industry
highlighting accommodations, leadership, trends and, meeting information.
• LGBT Visitor Center - a resource for locals and visitors providing information, safe space and
activities. We are the only organization in Miami-Dade providing these (and more) resources
dedicated towards this market.
PROGRAM DESCRIPTION
Our 2022 initiative will include the re-evaluation and update of our unique Pink Flamingo Hospitality
Training Program,our monthly Hospitality Council Meetings and Newsletter,the operation of our LGBT
Visitor Center and, LGBT Organizational support for events which may take place in the City of Miami
Beach (White Party, Winter Party, Miami Beach Pride, Sizzle Miami Beach among others).
LOCATION
1130 Washington Ave, Miami Beach, FL 33139. Hospitality programming and activities take place
within the entire city footprint.
Page 2
GRANT ACTIVITIES
Activity Name Activity Description Description of Service Number of
Recipients Service
Recipients
LGBT Visitor Center Walk-in space for information Locals, residents & 2000
domestic/international
Visitors
Hospitality Council Monthly Meetings, online/in Trends, tracking, hotel 300
person statistics and information
sharing
Hospitality Council Monthly Industry Information Monthly E-newsletter 900
Newsletter containing industry news,
property profile, meeting
agenda and Greater Miami
Convention & Visitors
Bureau (GMCVB)
statistics link
GOALS/OUTCOMES
Outcome Measure Timeframe Reporting Deadline
Hospitality Council Registration Sheets Approximately 300 Quarterly
Meetings annually
Hospitality Industry Copy of newsletter Approximately 10 per year Quarterly
Newsletters
LGBT Visitor Excel Spreadsheet & sign Approximately 2000 per Quarterly
Center Traffic in sheets year
STAFFING
Position Title Description/Responsibilities to Grant Program
President/CEO Responsible Oversight, reporting & scheduling
Page 3
EXHIBIT 2
PROJECT BUDGET
Budget Line Item Description Project Budget
Steven Adkins, The annual salary budgeted for the 1.0 $25,000
President/CEO. full time employee is $ 95,000. This
agreement funds approximately 26 % of
the salary. Approximately $ 2,083.33
monthly .
Total: $25,000
Page 4
EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
CMB GRANT AGREEMENT NO.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REPORT PERIOD:
❑ Oct. 1 - Dec. 31 Li Jan. 1 — Mar. 31 -I Apr. 1 — Jun. 30 -! Jul. 1 - Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
PROBLEM ENCOUNTERED:
OTHER NOTABLE ITEMS:
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
Page 5
EXHIBIT 4
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
CMB AGREEMENT NO.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
Amount of Assistance:
Less Previous Total Disbursements:
Balance Available:
Funds Requested This
Disbursement:
Certification of Payment: I certify that the above expenses were necessary and reasonable for the
maintenance and operation of our premises and in accordance with this agreement.
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
Page 6
GRANTS & INTERGOVERNMENTAL
DIVISION
DATE: 2/7/2022
TO: Alina T. Hudak, City Manager
FROM: Judy Hoanshelt
CMB Grant Agree nt with the Miami-Dade Gay &
SUBJECT: Lesbian Chamber of Commerce.
Routing
Marcia Monserrat
For:
Information Only
X City Manager's Signature
Comments:
The City Commission allocated $25,000 for a Citywide Grant with the
Miami-Dade Gay & Lesbian Chamber of Commerce, at the September 30,
2021 Commission Meeting. Reso No. 2021-31872.
Program Description: Grant Award will fund a re-evaluation and update of
the Pink Flamingo Hospitality Training Program, monthly Hospitality
Council Meetings and Newsletters, operation of the LGBT Visitor Center
and LGBT Organizational support for events that take place in the City of
Miami Beach.
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