Cultural Affairs Grant Agreement / Miami Short Film Festival 7w
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2014/15 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 30th day of September, 2014, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Miami short Film Festival
Grant Contact: William Vela
Address: 247 SW 8 Street Suite 393
City, State, Zip: Miami, FL 33129
Phone, fax, e-mail : 305.586.8105, Pao la(aD_miamishortfilmfestival.com
2. Grant amount: $9,075.37 50%paid upon execution of
this Agreement. Remaining 50%+$2,000 Fresh Air Fund paid upon
completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Award Budget, attached
hereto
5. Contract execution deadline: November 15,2014
6. Expenditure deadline: September 30, 2015
7. Project completion date: December 15, 2014.
8. Final Report deadline: Must be postmarked or delivered no later than
45 days after Project completion date. �G
IN WITNES H F,the parties hereto have a �d t ,Qg ment this day of ,2014.
Philip ev' ayor
INCORP! ORATED.:
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Rafael Granado, ity Clerk " mat
(Grantee's Corporate Seal Here) STATE OF FL RIDA, COUNTY OF MIAMI-DADE
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Article II / General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami
Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has
delegated the responsibility of administering this Grant to the City Manager or his authorized designee,
who shall be the City's Cultural Affairs Program Manager.
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 No. 1. All expenditures will be subject to
the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as
Exhibit 2-B. A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant
applicants must demonstrate this match through cash, other matching grants and/or In-Kind contributions,
not in excess of 25% of the total cash Project Budget. Line item changes to said Budget shall not exceed
ten percent (10%) per category, and shall, in no event, exceed the total amount of Grant funds.
Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B
shall not be permitted without the prior written consent of the Cultural Affairs Program Manager. Said
requests shall be made in advance of the project's commencement, in writing, detailing and justifying the
need for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will
enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has
fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with a written Final
Report documenting that the Grantee has fulfilled all requirements. This report must be received by the
Cultural Affairs Program Manager within 45 days of the Project's completion date. Grantees completing
their Project by the end of the Fiscal Year, or September 30, 2015, must submit their final reports no later
than November 15, 2015. New Grant awards will not be released until all Final Reports for previous years'
funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide
financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole
responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and
City Commission's approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and
conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits
by City representatives to observe the Project, or Grantee's programs, procedures, and operations,. or to
discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized
Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program
participants.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in
accounts in established Miami-Dade County banks or savings and loan associations whose identities shall
be disclosed in writing to'the`Cultural Affairs Program Manager with the identity and title of individuals
authorized to withdraw or,write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are 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 with reasonable
accounting standards. These books and records, as well as all documents pertaining to payments received
and made in conjunction with this Grant, including,without limitation, vouchers, bills, invoices, receipts and
canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-
Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2)years after the
Expenditure Deadline specified in Article 1-6. These books, records, and documents may be examined by
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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.
8. Publicity and Credits: Throughout Fiscal Year 2014115, the Grantee must include the City of
Miami Beach Centennial logo and the following credit line in all publications (where appropriate) related
to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may
preclude future grant funding from the City in the same manner as if Grantee defaulted under this
Agreement, pursuant to Article II-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its
officers, employees, agents and contractors, from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to, or resulting from the performance if 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 defined 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 Statute, 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.
10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported
assignment will be void, and shall be treated as an event of default pursuant to Article II-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable
Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest
and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth
herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein
by reference as if fully set forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the
provisions of this Agreement (Default), the Cultural Affairs Program 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 a Default, at the Cultural Affairs Program Manager's sole discretion,
the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been
received by the Grantee, as of the date that the written demand is received (Demand for Recapture).
In the event of a Default, the following provisions will also apply:
a. For first-time violations—Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received up to the date of termination and/or the Demand for
Recapture.
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Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for grants in future fiscal years.
b. For more than first-time violations - Any compliance infractions beyond first-time violations will
be considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his
consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts
Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain
within the sole discretion of the City.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee
as of the date of the Expenditure Deadline specified in Article 1-6 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 Cultural Affairs Program 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 Cultural Affairs Program Manager a certified check for the total amount due,
payable to the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may
be available to it under the law.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach
or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the
provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time
throughout the term of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when
delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address
specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural
Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700
Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within
this agreement and its attachments, are to be considered in construing its terms. No modifications or
amendments may be made to this Agreement unless made in writing signed by both parties, and approved
by appropriate action by the Mayor and City Commission.
Article III / Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and/or services recommended for
support. As such, use of Grant funds for any program component not meeting this condition will be
considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but
not limited to, those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or
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sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance
as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time,
prohibiting discrimination in employment, housing and public accommodations on account of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or
age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to
remove barriers, 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.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue
for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and
the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
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Exhibit 1 / Revised Project Description
Organiiatidn:=Miami short Him';Festival
Completely describe Project approved by the Grants Panel and in a separate-narrative-detail a!l revisions
- to he:Project based upon the,City Commission approved award. Please be as specific as possible;-name
- of event, specific dates, venues;'limes.'artists,..etc `Use extra page, if necessary..-;.
Project description as approved b`v Grants Panel:
PLEASE SEE EXHIBIT A.
Project description as revised (if applicable) based upon the City Commission`approved award:
Changes to projects awarded under the Artistic Disciplines,'program must still adhere.:to the requirement that the
work is new or has never before-been.presented in Miami-8each.-
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name of organization: Miami short Film Festival
Date(s) of Project:
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your program, project or events. Round off all numbers to the
nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel- artistic --- ---- Admissions 1800
Personnel -technical Contracted services 4000 4500
Personnel -administration 9880 2000 Tuitions
Outside artistic fees/services 3500 2000 Corporate support
Outside other fees/services --_ ____ Foundation support 3200
Marketing/Publicity 11300 4000 Individual support 6000 3000
Space rental 2800 Government grants
Utilities Federal
Equipment rental 5500 350 State
Office supplies Local 5833
Other Costs: (Itemize below) Other Contributions (Itemize below)
Outside Technical 5680 525 Spec. Events 6100
Printing 5470 Without A Box 6150 1375
Travel-Incounty 1520 Membership 1675
Insurance 240 Cash-on-hand 2235
City of Miami Beach Grant Award 11075.370
Total cash expenses 48068 Total cash revenues 36993
Total in-kind expenses 8875 Total in-kind revenues 8875
Total project expenses 56943 Total project revenues 56943
CASH& IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: Miami short Film Festival
Date(s) of Project: December 5-12, 2014
Grant Award: $11,075.37
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may
only be spent within budget categories declared below. Line item changes to said Budget shall not
exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount
of Grant funds. (Cultural Anchors excluded from these restrictions.)
Grant Expenses
Personnel—artistic Equipment Rental 2000
Personnel—technical Space rental (Pert 1400
Related Only)
Outside artistic fees
Marketing/Publicity 3500 Total Other Costs (itemize
Below)
Printing 2310
Description Amount
Postage Outside Technical 1865.37
TOTAL(must equal grant award): $11,075.37
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Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement. (Cultural
Anchors excluded from this restriction). All publications associated with City of Miami Beach cultural
grant support in FY 2014/15 must include the City of Miami Beach Centennial logo and the following
byline where appropriate: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council."
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• Administrative salaries or fees (Cultural Anchors excluded from this restriction)
• "Bricks and mortar' or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• Insurance Fees (Cultural Anchors excluded from this restriction)
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami
Beach government and has been previously approved as such be the Cultural Affairs Program
Manager
Required supporting materials for final reports submitted within 45 days upon completion of
grant project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET(i.e. - all artists payments, separate from
advertising payments). Invoices AND checks must be dated within the 2014-15 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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The Miami Short Film Festival (MsFF)is the first of
its kind in South Florida to dedicate its entire focus
SHORT to the screening of short films to the diverse
audience of Miami Beach, Miami-Dade County,
and indeed, South Florida. MsFF serves as a
launching point for original scripts, new
cinematography and film techniques, innovative
perspectives and unique pieces of true emotion and expression caught on film.MsFF is a dedicated
contributor to the cultural arts,economy,and education of all of Miami-Dade County's municipalities,
once again focusing this year's events on Miami Beach,allowing for an increase in the vitality, vibrancy
and quality of life for all residents and visitors.Through its focus on promoting visual arts in Miami
Beach for the enjoyment, education,cultural enrichment,and benefit of the target audience-residents
and visitors of Miami Beach.The Miami short Film Festival will convey a message to the rest of the world
synonymously identifying Miami Beach with world class entertainment.
MsFF provides residents and visitors of Miami Beach an enjoyable series of events.The Festival attracts
visitors and tourists the world over with publicity and advertisement placed throughout the city, as well
as in the Miami Beach Visitors Bureau, Coral Gables Cultural Calendar,The Greater Miami Convention &
Visitor Bureau,The Miami Herald, Nuevo Herald,The Sun Sentinel, Telemundo, Univision,the New
Times, other local media hotel publications,as well as on-line publications.Advertising in major national
and international airlines magazines, international magazines and newspapers positively affects the
influx of tourists to Miami Beach and Miami-Dade County.
Organizations such as the University of Miami, Miami Museum of Science and Planetarium, Miami Dade
College and many film industry professionals have collaborated in the production and presentation of
the Festival. In addition, MsFF collaborates with organizations such as, Latino ArtBeat,The Film Iniative
Underground at FIU, Select Fair,Art Studio World, Miami International University of Art& Design,
student film organizations,and the Fort Lauderdale Film Festival. Each of these organizations represent
the diverse audiences that the Festival attracts. Pre and post festival activities are organized to attract
visitors and tourists to the Festival including monthly screenings, seminars,Opening, as well as Awards
and Closing Ceremonies.
Miami short Film Festival Week
• Thel3th edition of the Miami short Film Festival is scheduled to run December 5-12, 2014.
• Selected films will be screened each night of the Festival at the Miami Beach Cinematheque.
• Tickets price is set at$15 per person. Students and senior citizens will receive a discount ticket
price of$8. Discounted tickets are also available through Culture Shock.
• The Cultural Presenters grant includes a component for an outdoor event which we've dubbed
"Shorts under the stars".This year, MsFF plans to host two free screening of selected Festival
winning shorts as well as present a sneak-preview of this year's Festival at Select Fair. Capacity
would only be limited due to seating availability. Films selected would be family friendly with an
international flair,allowing for wider participation from the community.
November 21, 2014-5:00pm-7:00pm Kickoff Party and Poster Unveiling @ Miami Beach venue(TBA)
December 5-11, 2014-8:30pm -10:00pm (8-10 films)@Paragon Grove 13
December 6-7,2014-7:00pm "shorts under the stars" presented at Select Fair@ North Beach Bandshell
December 5-11, 2014-8:00pm(8-10 films) @ Miami Beach Cinematheque
Artistic collaborations are an integral component of the Festival and will be present in the form of
Question and Answer sessions after each of the screenings with directors, producers,or actors,
moderated by the Festival Programming Director.Additionally,there will be a workshop featuring
presentations of the latest filming and/or editing techniques presented by directors and/or producers
who attend the Festival. The location,date and time is still unknown as we are awaiting travel
confirmation.