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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Miami Beach Arts Gala Grant Agreement
This Grant Agreement is entered into this 19 day of January, 20011 , between the City of Miami Beach, Florida
(the City), and (Grantee).
Article 1 / Grant Description
1. Grantee: Fotomission
Grant Contact: Pavlova M. Greber
Address: PO Box 190095
City, State, Zip: Miami Beach FL 33119
Phone, fax, e-mail 305.532.4855, info@fotomission.org
2. Grant amount: $3,000 50% paid upon execution of this Agreement. Remaining 50%
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 Budget, attached hereto
5. Contract execution deadline: February 15, 2011
6. Expenditure deadline: November 6, 2011
7. Project completion date: Al Ay 3 1 1 011
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF the arties hereto have executed this A this o7?1 7411 ✓ y p g day of , 2011.
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Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
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Robert Parcher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) this D..k day of TO-flOGS . 2011, by
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corporation. He /She is personally known to me or has
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GRANTEE: •r.
Federal ID #: ‘ Si ., nature of Notary Public
BY: P 'l �vA G re !c
Printed Name of Organization's Authorized Representative 0( cu
Notary. Name:
(City Attorney Approval Here)
Notary Public, State of Flonda
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Article 11 General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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.
Line item changes to said Budget shall not exceed ten percent (1O%)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, 2011, must submit their final reports no later than November 15,
2011. Sleepless Night projects must also submit Final Report by November 15, 2011.
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.
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
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which they are approved (before September 30) except for Sleepless Night projects which will be
completed November 6, 2011.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 I-
5. These books, records, and documents may be examined by the City, and /or its authorized representatives,
at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may,
at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be
related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
line in all publications related to this Grant: 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
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under this Agreement, pursuant to Article 1I -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 attomeys' 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 $100,000, 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 $200,000 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 11 -12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami -Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and
Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Defapit Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and withhold orcancel
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.
In the event that this Grant is terminated, 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 (first half) up to the termination date.
Additionally, Grantee will be ineligible to apply and /or receive a grant i n the subsequent C' fiscal �Y ear.
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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 -5 must be returned to the City within fifteen (15)
days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must
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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 WMI 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 111 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 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 p rohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
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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 TOA TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 / Revised Project Description
Organization: Fotomission
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
to the Project based upon. the City Commission approved award. Please be as specific as possible; name
of event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
The 7th South Beach Photomarathon an exciting event that is open to all
Participants will be assigned six topics to photograph on South Beach over a
period of five hours. The topics will be kept secret until the event day and will be
purposefully vague to give the contestants plenty of room for self- expression.
The best photos from each topic will be selected, and from those the first, second
and third place winners will be awarded cash and other prizes. All the entrants'
photos will be exhibited at the Tropicolor Gallery.
Sunday, March 20, 2011 . at the Miami Beach Botanical Garden. Start 11AM to 4PM.
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 Beach.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: Fotomission
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
Personnel - technical , Contracted services
Personnel - administration ,, Tuitions
Outside artistic fees /services Corporate support
Outside other fees /services Foundation support
Marketing /Publicity s Individual support
Space rental � „ �� Government grants
Utilities Federal
Equipment rental � State
Office supplies
Other Costs: (Itemize below) Other Contributions (Itemize below)
MIMPIMININNIMMININOMMINit warp
City of Miami Beach Grant Award i f ;3 0 0 P
Total cash expenses � Total cash revenues
Total in -kind expenses Total in -kind revenues
Total project expenses Total project revenues
CASH & IN -KIND CASH & IN -KIND
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PROJECT EXPENSE BUDGET
List all project related expenses. Round amounts to the nearest dollar (do not show cents). Provide an additional sheet with an itemized
budget for any items in the "Other Costs" category above $5,000. NOTE: Total project expenses and revenues must equal.
CASH GRANT *IN -KIND
DOLLARS CASH MATCH
EXPENSES = ALLOCATED + ( MIN $1 TO $1) CONTRIBUTIONS
PERSONNEL
ADMINISTRATIVE: No. OF EMPLOYEES: 2 0 N/A
ARTISTIC: No. OF ARTISTS: 2 0
TECHNICAL: No. OF EMPLOYEES:
OUTSIDE ARTISTIC FEES: No. of ARTISTS: .
OUTSIDE TECHNICAL FEES: No. OF 4
TECHNITIONS: 600 600
MARKETING /PUBLICITY 5 O
PRINTING 600 600 4000
POSTAGE 160 160
IN COUNTY TRAVEL (PERFORMANCE RELATED ONLY) N/A
OUT OF COUNTY TRAVEL N/A
EQUIPMENT RENTAL 600 600
EQUIPMENT PURCHASE 350 N/A 350
1000
SPACE RENTAL (PERFORMANCE RELATED ONLY) 1 000
INSURANCE (PERFORMANCE RELATED ONLY) N/A
UTILITIES N/A
SUPPLIES /MATERIALS 1200 • 1200
OTHER COSTS (ITEMIZE BELOW):
Food & beverage 2500 2500
Web design and update 500 500
GRANT AMOUNT REQUESTED S 000
0 /5.43(ftr.
TOTAL CASH EXPENSES SI& 00 10,510 + 7,510
TOTAL IN - KIND CONTRIBUTIONS *In -Kind Contributions must not exceed 25% of Total 4000
Cash Expenses stated above.
TOTAL PROJECT EXPENSES $16,510
Sum of Cash & In -Kind
*In -kind contributions are the documented fair market value of non -cash contributions provided to the grantee by third parties which consist
of real property or the value of goods and services. These figures are not included in budget calculations. Please note that In -Kind
contributions may not exceed 25% of the total organizational budget and total cash project budget.
FY 2010/11 City of Miami Beach Arts Gala Grant Program Application Page 5 of 8
Exhibit 2 -B: Project. Budget / Revised Grant Award Budget
Name of organization: Eotomission
Date(s) of Project:
Grant Award: $3,000
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
Grant Expenses
Personnel — artistic, Equipment Rental
(NOT administrative)
Personnel — technical Space rental (Performance
Related Only)
Outside artistic fees
Marketing/Publicity 20 Total Other Costs (itemize
� ...�
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): 3 00 0
1
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "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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vldlrt u e Ursaugtr «calls t9Id11L IuIiva may inn uC UbeU LVWdIus,.
■ 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
• "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 2010-11 Fiscal
Year except for Sleepless Night projects, for which invoices and checks must be dated
Prior to November 11. 2011.
• 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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