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HomeMy WebLinkAboutFY 2025-2026 Grant Agreement between the CMB and Miami Beach Chamber of Commerce/Miami Beach Visitor Center Docusign Envelope ID:C15C64EA-727B-4033-B21 B-F7CE8FD311 FO Reso No. 2023-32647 '' � MIAMIBEACH ' � � CITY OF MIAMI BEACH �EB � o ZOZ6 FISCAL YEAR 2025-2026 ! GRANT AGREEMENT GRANT PROJECT No.: 2026•CMB-10 This GRANT AGREEMENT (hereinafter the "AgreemenY') is made and entered into this 2� day of January , 2026 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Miami Beach Chamber of Commerce, a Florida not-for- � pro�t corporation (hereinafter the "Grantee"). Tfiis Agreement is effective October 1, 2025, the ; "Effective Date." ARTICLE I/GRANT DESCRlPTION GRANTEE: Miami Beach Chamber of Commerce/ � Miami Beach Visitor Center ' GRANTEE CONTRACT ADMINISTRATOR: Brittnie Bassant. President& CEO � ADDRESS: 1920 Meridian Avenue � CITY, STATE, ZIP: Miami Beach. FL 33139 i PHONE, FAX, E-MAIL: (305)672-1270 � concierqe(c�miamibeachchamber.com enidC�a.miamibeachchamber.com GRANT AMOUNT: 36 000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: October 1, 2025—September 30, 2026 EXPENDITURE DEADLINE: September 30, 2026 PROJECT COMPLET�ON DATE: Seqtember 30. 2026 FINAL REPORT DEADLINE: October 10, 2026 FINAL REIMBURSEMENT REQUEST DEADLINE: October 10, 2026 I Docusign Envelope ID:C15C64EA-7276-4033-821 B-F7CE8FD311 FO Reso No. 2023-32647 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. i � � FOR CITY: City of Miamf Beach, Florida AT7EST: ; � � �_� �_ �i 1 � By: � ,�. � �-���. Rafael E. Gra ado, City Clerk Eric T. Carpen er, City Manager �tJ!!�B�,Eq''��� FEB � 0 2026 .=�, �... °-s:, Date j���"'� s ; �IN(OAP ORATED.s ,z��ti, ;^y= ,,�.9',�. �. �;�o,__ u,,C.`};j'2�",,.- �h��ww�.a FOR GRANTEE: Miaml Beach Chamber of ATTEST: Commerce Federal Id No. 59-0358295 �� ��� Bv Witness Signature Authorized Signature Enid Rodriguez, Chamber Representative Brittnie Bassant. President & CEO Print Name and 7itle Print Name and Title 1/2/2026 Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION � ' �-- ICf l7 25 �n" City Aftorney �➢ Da e �'l Docusign Envelope ID:C15C64EA-727B-4033-621B-F7CE8FD311F0 Reso No. 2023-32647 ARTICLE II/GENERAL CONDITIONS I � 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 I the responsibility of admin(stering this Grant to the City Manager or the City Manager's authorized I designee(the"City Contract Administrator"). � 2. PROJECT DESCRIPTION:The Grantee may only use the Grant forthe purposes that are specifically described in the Project Description, attached hereto as Exhibit 1 (the "ProjecY'). 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 goods or services 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 ag�ees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2 ("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee. Any request by Grantee to modify the Project Budget shall be made in wrlting, using City approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 4. REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the 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 ls fulfilling, or has fulfilled, its purpose, the Grantee must submit quarterly reports to the City Contract Administrator by the following dates: ,lanuary 15'", April 15w, July 15�h, and the final report by October 10"'. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports Docusign Envelope ID:C15C64EA-7278-4033-B21B-F7CE8FD311F0 must be submitted on the Grant Quarterly Status Report Form, attached hereto as Exhibit 3, detailing Grantee's compliance at the time of a partial reimbursement request. ; �I i 5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any � i time during the Grant Term. All reimbursement requests must be made after expenditures have occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit 4. All reimbursement requests must be submitted prior to October 10"', 2026. Grantee shall provide the City with copies of a11 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 2025-2026 Fiscal Year. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to the 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 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 terms specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's 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 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. Page 4 Docusign Envelope ID:C15C64EA-727B-4033-8216-F7CE8FD311F0 � 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 Ciry 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 i checks on Grant funds. 11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place during the City's fiscal year for which the Grant is approved (October 1 — September 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance wlth reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this Agreement.These 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, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami 8each, the City has estab{ished 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 Page 5 Docusign Envelope ID:C15C64EA-7276-4033-B21B-F7CE8FD311F0 � i ' and review operations, activities, performance and procurement process including but not limited j to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its 'i officers, agents and employees, lobbyists, City staff and elected officials to ensure compiiance ! 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, (bidlproposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 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 suppllers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bidlproposal) 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 other evidence regarding the acquisition(bid preparation)and pertormance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any Ionger period required by statute or by other clauses of this contract, In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. Page 6 Docusign Envelope ID:C15C64EA-727B-4033-621B-F7CE8FD311F0 i I i 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 I section in all subcontracts and ail other agreements executed by the Grantee in connection with I the performance of this contract. �, G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 13. PUBLICITY AND CREDITS: The Grantes 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 may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify,defend 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, economlc, 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, defend and hold harmless 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. Page 7 Docusign Envelope ID:C15C64EA-7276-4033-8216-F7CE8FD311F0 15.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. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade 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. 17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or the City Manager's designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five(5)calendar days written notice to the Gra�tee, 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 may be available to it under the law or in equity. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Project, any unexpended Grant Funds shal( be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. Page 8 Docusign Envelope ID:C15C64EA-7276-4033-B21B-F7CE8FD311F0 i 18. INSURANCE REQUIREMENTS: i A. Verification of Coverage ' i 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 comp{eted 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 Seach 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 must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. C. Waiver of Subrogation Grantee hereby grants to the City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of 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. BesYs rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Page 9 Docusign Envelope ID:C15C64EA-727B-4033-B216-F7CE8FD311F0 I E. Special Risks or Circumstances j 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 this section or under any other section of this Agreement. 19. FLORIDA PUBLIC RECORDS LAW: A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance 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 ar 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; iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; Page 10 Docusign Envelope ID:C15C64EA-7278-4033-6218-F7CE8FD311F0 i �� iv. Upon completion of the Agreement, transfer, at no cost to the City, ai! public ' records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all pubiic i records to the City upon completion of the Agreement, fhe Grantes shail destroy i any duplicafe public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains ' public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly fo the Cify. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 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 tfine may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civi! action is filed against a Grantee to compe! 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 Page 11 Docusign Envelope ID:C15C64EA-7276-4033-B21 B-F7CE8FD311 FO � ( b. At least 8 business days before filing the action, the plaintiff provided written ; notice of the pubiic records request, including a statement thatthe 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 Gity 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 senf is nof liable for the reasonable costs of enforcement. 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 MIAM! BEACH ATTENTI4N: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOCc�MIAMIBEACHFL.GOV PHONE: 305-673-7411 20. E-VERIFY: A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"}, as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 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 that any approved sub-confractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized Page 12 Docusign Envelope ID:C15C64EA-7276-4033-621 B-F7CE8FD311 FO alien. Grantee shalf maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. I�� B. TERMiNATION RIGHTS. i. If the City has a good faith belief that Grantee has knowingiy violated Section 448,09(1), Fforida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability fo Grantee. ii. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A}, but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. A contract terminated under the foregoing Subparagraphs (B)(i) or(B)(ii)is not in breach of contract and may not be considered as such. iii. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to chaflenge a termination under the foregoing Subparagraphs(B)(i)or(B)(fi} no later than 20 calendar days after the date on which the contract was terminated. iv. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(i), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. v. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. 21. BOARD TR.AINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members, if all three of the following apply: 1)the agency is a non-profit; 2)the agency has an annual operating budget of less than $5 million; and, 3)the grant award is for $25,000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. 22.WRIT7EN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Grant Administrator, as identified in Section 23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. 23. CITY CONTRACT ADMINIS7RATOR: All contract related questions, reports and requests for reimbursements to be submitted to Grants Management Department listed below: Page 13 Docusign Envelope ID:C15C64EA-727B-4033-B216-F7CE8FD311F0 Krystal M. Dobbins, Grants Management Division Director � KrvstalDobbinsCa7miamibeachfl.qov i Elizabeth Carrino, Grant Writer Researcher I ElizabethCarrinoCa�miamibeachfl,aov ARTlCLE Ilt/MISCELLANEOUS PROVISIONS 24. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be cansidered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Agreement. 25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following Special Conditions: A. Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment(including independent contractors), housing and public accommodations, public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, famitial situation, or political affiliation. C. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barrlers, which prevents qualified individuals with disabilities from enjoying the same employment oppo�tunities that are available to persons without disabilities, D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients Page 14 Docusign Envelope ID:C15C64EA-727B-4033-821 B-F7CE8FD311 FO i provide equal access and equal opportunity and services without discrimination on the basis of � any disability. � I 26. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shail be govemed I by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 27. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions 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. 28. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 29. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this Agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 30. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND SCREENING REQUIREMENT)In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening Page 15 Docusign Envelope ID:C15C64EA-7278-4033-B218-F7CE8FD311F0 � rior to initiatin an work related to this Agreernent, unless the City's Contract Administrator I� P g Y � approves an a{ternative process. ' 31. GRANTEE'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS: Grantee agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti-Human Trafficking Affidavit, containing the certification of compliance with anti-human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit 5 and incorporated herein. 32. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT: Grantee warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 33. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION 70 A CANDIDATE FOR CITY ELECTED OFFICE: Grantee warrants and represents that, within two (2} years prior to the Effective Date, Grantee has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not applv to the following: A. Any individual or entity that provides goods to a candidate for office. B. Any individua!or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. C. Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 34. PROHIBITION AGA{NST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED: Grantee hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of Page 16 Docusign Envelope ID:C15C64EA-727B-4033-821 B-F7CE8FD311 FO 'I I the entity under penalty of perjury attesting that the entity does not meet any of the criteria in � Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b)the government of a foreign country of concern has a controlling interest in the entity; or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a "Prohibited Entity"). A I foreign country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be � amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Grantee warrants and represents that it does not fa11 within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Grantee to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit 5. 35. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI- BOYCOTT REQUIREMENTS: As required by Section 2-375.2 of the City Code, Grantee has executed the Certification of Compliance with Antidiscrimination and Anti-Boycott Requirements, a copy of which is attached hereto as Exhibit 5 and incorporated herein. 36. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS: As required by Section 2.375.3 of the City Code, Grantee has executed the Certification of Compliance with City Antidiscrimination Requirements, a copy of which is attached hereto as Exhibit 5 and incorporated herein. Page 17 Docusign Envelope ID:C15C64EA-7276-4033-621 B-F7CE8FD311 FO EXHIBIT 1 I! PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED The Miami Beach Chamber of Commerce is committed to growing tourist business in Miami Beach by reaching global markets through a variety of outlets. The Miami Beach Visitor Center provides concierge services for visitors and residents in need of information about transportation, shopping dining, excursions, cultural arts programs and other options in Miami Beach. Funds are needed for the operation of the Miami Beach Visitor Center for staffing, phones, internet, cable connection and insurance. The Visitor Center is staffed by employees who welcome guests, answer calls and emaits, provide visitor information, promote tours, sell souvenirs and record geographic and demographic data about guests. Visitor Center employees also work with Chamber employees on the overall finance and operations management of the Center and partner with marketing and website maintenance vendors to best promote the Center and the City of Miami Beach. PROGRAM DESCRIPTION The Program consists of the Miami Beach Visitor Center located at 10016th Street,Suite 6,Miami Beach, FL. The Center promotes tourism and assists visitors and residents with information regarding hotels, tours, attraction passes, dining, shopping options, transportation and general Miami Beach information including events. It has a multilingual concierge that helps guest in person from 10:00 am — 4:00 pm and an administrative staff that oversee the operations, marketing and communications and finance of the venue. Marketing campaigns are used to engage potential visitors and former visitors through social media content, digital/print medla, through mobile apps, in-house kiosk and programs for discounts, LOCATIO N 1920 Meridian Avenue, 100 16"' Street, Suite 6 Miami Beach, FL 33139 Page 18 Docusign Envelope ID:C15C64EA-727B-4033-821 B-F7CE8FD311 FO GRANT ACTIVITIES Activity Name Activity Description Description of Service No. Service Recipients Recipients Concierge Provide information Visitors and Miami Beach Approximately Services regarding tours, residents 5,000 dining, shopping, location attractions and transportation Marketing Partnering with National and international Approximately Campaigns various marketing visitors and Miami Beach 5,000 organizations to residents engage with former and future visitors GOALSIOUTCOMES Outcome Measure Target Reporting Deadline To increase tourism in the Increase engagement in Approximately Quarterly City of Miami Beach and social media and website 500,000 media visitation to its hits as well as interaction impressions and establishments with Concierge 10k-15k web visits annually Increase engagement with Increase in walk-ins, Approximately Quarterly the Visitor Center phone calls and 5,000 guests to emails/webmails be assisted STAFFING Position Title DescriptionlResponsibilities to Grant Program Budget Description Concierge On premise during the Center's hours of operation $22,000 attending to the walk-ins, phone calls and emails/webmails. Assistant Assists Concierge and President on tourism $9,300 assignments. Finance Officer Oversees all finances pertaining to the Center -- including payroll, sales and expenditures Page 19 Docusign Envelope ID:C15C64EA-7276-4033-821 B-F7CE8FD311 FO EXHIBIT 2 � I PROJECT BUDGET i Bud et Line Item Descri tion Pro'ect Bud et I Staff Salary and Wages: Administers direct services to visitors $22,000 Concier e and residents A rox. $1,833 monthl Staff Salary and Wages: Provides support and relief services $9,300 Assistant for the Visitor Center A rox. $775 monthl Fringe Benefits: Fica/Mica & Health Insurance Consultin Services Medication Co-Pa ments Professional Services Marketin /Publicit /Advertisin Outside Services Trainin s/Worksho s MaterialslSu lies Printin & Co in Posta e& Delive E ui ment Rental/Purchase Utilities: Telephone, Internet, $4,700 Cable, Electricit Lease/Rent Re airs/Maintenance Insurance Trans ortation &Admission Waste/Garba e Collection Child Care Subsid TOTAL $36,000 Page 19 Docusign Envelope ID:C15C64EA-727B-4033-8216-F7CE8FD311F0 i1 EXHIBIT 3 CITY OF MIAMI BEACH i GRANT QUARTERLY STATUS REPORT FORM ;; I GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: ❑ Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 ❑Apr. 1 —Jun. 30 ❑ Jul. 1 - Sept.30 Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 10 GOALSlOUTCOMES: Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: OTHER IVOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 21 Docusign Envelope ID:C15C64EA-7276-4033-B218-F7CE8FD311 F0 I II ' I I � EXHIBIT 4 I CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REQUEST No. �---------- - ---�----- ---—--- Amount of Assistan�ce: ( �----------------- —.._..—_l--�--�_------------- Less Previous Total Disbursements: �-..—.__—_..—_--------- _ Balance Available:__�� _ Funds Requested This � __ ____ Disbursement: L____i_. _,� Certification of Payment: I certify that the above expenses were necessary and reasonable for the completion of the Project and in accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third party funding source, including under any other separate agreement between the City and Grantee. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 22 Docusign Enve�ope ID:C15C64EA-7278�033-8218-F7CE8FD311F0 EXHIBIT 5 CITY'S AFFIDAVITS AND CERTIFICATIONS This Exhibit includes affidavits and certifications required untler applicable Florida law and the Code of the City of Miami Beach in connection with the execution and administration of this Agreement.To ensure acknowledgment and understanding of each requirement,the Grantee shall initial each section included in this Exhibit,The act of initialing confirms the Grantee's review of, and agreement to, the statements contained therein. The Grantee shall also sign and notarize the acknowledgment at the end of this Exhibit,affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of Grantee: � , , � , Initialg'�j 7� In accordance with Section 787.06(13),Florida Statutes,incorporated herein by reference,the undersigned,on behalf of Grantee,hereby attests under penalty of perjury that Grantee does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". • - � � • � � � � • � � � Initial� In accordance with Section 287.138, Florida Statutes, incorporated herein by reference,the undersigned, on behaif of Grantee, hereby attests under penalty of perjury that Grantee does not meet any of the following criteria in Paragraphs 2(a)-(c)of Section 287.138, Florida Statutes: (a)Grantee is ownetl by a government of a foreign country of concern; (b)the government of a foreign country of concern has a controlling interest in Grantee;or(c) Grantee is organized under the laws of or has its principal place of business in a foreign country of concern. � � � • � � � • � : • � e Initial�(�) l ln accordance with Section 2-375,2 of the City Code,incorporated herein by reference,the undersigned,on behalf of Grantee, hereby attests that Grantee will comply with all relevant antidiscrimination laws, including the anti-boycott provisions of Section 2-375.1 of the Ciry Code, and affirms that Grantee will not engage in a boycott of Israel, antisemitic discrimination or antisemitic speech in conjunction with Project. • � • • . � , � - e Initial ) In accordance with Section 2-375.3 of the City Code,incorporated herein by reference,the undersigned,on behalf of Grantee, hereby attests that Grantee will comply with all relevant antitliscrimination laws, and affirms that Grantee Page 21 Docusign Envelope ID:C15C64EA-727B-4033-B21 B-F7CE8FD311 FO will not engage in discriminafion based upon any classification cafegory as set forth in Section 62-31 of the City Code in conjunction with the Project, ; [SIGNATURE PAGE FOLLOWS I 1 Page 22 Docusign Envelope ID:C15C64EA-7278-4033-821B-F7CE8FD311F0 i Reso No. � • � • • ', BY SIGNING AND NOTARIZING THIS PAGE,YOU ARE ATTESTING TO THE AFFIDAVITS AND � CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHIBIT. I I understand that I am swearing or affirming under oath, under penalties of perjury,to the truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a false statement may include fines andlor imprisonment. The undersigned is authorized to execute this affidavit on behalf of Grantee: GRANTEE: , a /9d-o e.�,���.�..,� fi�� �vt�c�,�,.-� �ea.u� �� 33/3y ignatu e of orized epresentative (Address) Name/Title: l�viff� �ssavrc-t, P✓rs-�-a✓� � �o State of �fl County of �C�1�-- The foregoing instrument was acknowledged before me by means of�hysical presence or ❑ online notarization, this 1�5 day of ��n �ln ' 2�2� of �tL1TT►.11E g�.�9�AN`(� , as , , a , known to me to be the person described herein, or who produced 1...l as identification, and who did/did not take an oath. NOTARY PUBL C: (Si nature) �' ����1� ����/� Notary Publlc SINs o1 FIorIEs Beatrtz Creaph (Print Name) My Commlttlon FIH 49�298 ���� Explres 313f2028 My commission expires: 2, Docusign Envelope ID:C15C64EA-727B-4033-B21 B-F7CE8FD311 FO GRANTS MANAGEMENT DIVISION DATE: January 30, 2026 To: Eric Carpenter, City Manager FRonn: Krystal M. Dobbins, Grants Div. Director Citywide Agreement FY 2025-2026 sua�ECT: Miami Beach Chamber of Commerce / Miami Beach Visitor Center Signed by: Krystal Dobbins orzozs �s:� PM EST Isadora Gonzalez "`� 2 2/2026� 10:5 AM EST Tameka Otto Stewart � � a � 2 /2026� 11:5 M EST Jason Greene a w z Zizozs� �2:o PM EST For: x City Manager's Signature Other Signature Comments: Pro'ect• Citywide Agreement FY 2025-2026 Grantee• Miami Beach Chamber of Commerce / Miami Beach Visitor Center Re uest Amount• $36,000 Budget Code Number: 011-9322-000353-90-400-592-00-00-00 e urn o: Krystal ext.26433