Grant Agreement with Miami Beach-Miami LGBT Sports & Cultural League, Inc. Amount: $300,000 600 20/6,- ?�5�1
GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA(THE"CITY")AND MIAMI BEACH-
MIAMI LGBT SPORTS& CULTURAL LEAGUE, INC. ("LGBTSCL" OR"GRANTEE")TO SUPPORT THE
PRODUCTION OF THE 4TH WORLLD`OUTGAMES MIAMI BEACH-MIAMI 2017 (THE"EVENT")
This Grant Agreement is entered into this°' day of a--7%; , 2016, between the City and Grantee.
Article I/Grant Description
1. Grantee: Miami Beach-Miami LGBT Sports&Cultural League, Inc. (LGBTSCL)
Grant Contact: Ivan Cano
Address: 1210 Washington Avenue, Suite 220
City, State, Zip: Miami Beach, Florida 33139
Phone, fax, e-mail : 786-276-9559, icano @outgames.org
2. Grant Amount: $300,000.00 to be disbursed in 3 installments (in accordance with
the provisions further stipulated in Exhibit 3.)
Installment 1 of$100,000.00 will be disbursed by the City by
October 31, 2016 for:
Salary for Development/Fundraising Services-$50,000.00
ii. Marketing Travel Expenses &Activation Fees-$25,000.00
iii. Salary for IT Services (website/digital) -$25,000.00
Installment 2 of$100,000.00 will be disbursed at such time as the Grantee
has contracts in place/proof of fundraising of at least$1,100,000.00 from
alternate sources other than from the City.
Installment 3 of$100,000.00 will be disbursed at such time as the Grantee
has contracts in place/proof of cumulative fundraising of at least
$2,200,000.00 from alternate sources other than the City.
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See Exhibit 2 hereto
5. Expenditure deadline: July 31, 2017
• 6. Project Completion Date: July 31, 2017
7. Final Report Deadline: Must be postmarked or delivered no later than 15 days after Project
completion date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 02S day of
//!.d lax. , 2016.
/ .f" (.
Signature l�
Philip Levin ay /' STATE OF FLORIDA, COUNTY OF MIAMI-DADE
/ .
• The foregoing instrument was acknowledged before
j I // ''����%��„%%%�,, me thisaS day of ( K,a^L.JrleC 2016,
4 it I.6 _ .. .B-,q IIII,i, by Tv n Gene c O of
Rafael Gran.edo, Cu lerk r-
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411 I -""�f,e, ' t ofit corporation. He/She is personally known to me
(Grantees Corporate Seal Herg .-. mb. 1 �C
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Signature of N•--• •ublic
Fede al ID#: 11 L - 2 DI 9i 95—
\J Notary Name: fJF1) e\
BY. Ct.v\ C LC,wto
Printed Name of Organization's Authorized Notary Public, State of Florida
Representative
(City Attorney Approval Here) My Commission Expires:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Article Ill General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (Grantor or City). The City has delegated
the responsibility of administering this Grant to the City Manager or his authorized designee.
2. Project Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit 1. All expenditures will be subject to the terms of this
Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Line item changes to
said Budget shall not exceed ten percent (10%) per category, and shall, in no event, exceed the total amount of
Grant funds. Notwithstanding the preceding sentence, amendments to the Grant Project Budget in Exhibit 2
shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall
be made in writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the activities and services
contemplated under the described Project will mutually contribute to the enhancement of services available to
City residents, businesses, and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled
all requirements. This report must be received by the City within 15 days of the Project's completion date (For
example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 30th of such
year, must submit their final reports no later than October 15th of that year). Notwithstanding the preceding, and
as a condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to
submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of
the Grantee. The Grant funds will only be supplied to the Grantee after all the parties have executed this
Agreement. The City reserves the right to withhold any individual Grant installment(s) if Grantee fails to satisfy
the terms of this Agreement or if Grantee cancels the 2017 World Outgames Event(the"Event").
5. No guarantee of future funding: The Grantee acknowledges that the receipt of this Grant does not imply
a commitment on behalf of City to continue or provide funding beyond the terms specified in this Agreement.
6. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to the Event site(s) or the Event office(s) to observe Grantee's programs, procedures, and
operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of
additional documentations or written reports, prior to the Project completion date, evidencing Grantee's progress
on the Project.
7. 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 City Manager or his designee with the identity and title of individuals authorized to withdraw or
write checks on Grant funds.
8. Accounting and Financial Review: Funded activities must take place on or before the Expenditure
Deadline in Article I — 5. The Grantee shall keep accurate and complete books and records of all receipts and
expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records,
as well as all documents pertaining to payments received and made in conjunction with this Grant, including,
without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for
which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the
Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records,
and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices
during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or
have audited the financial records of the Grantee, whether or not purported to be related to this Grant.
9. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
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line in all publications related to this Grant: "This Project is funded in part by a grant from the City of Miami
Beach". Failure to do so may preclude future grant funding from the City in the same manner as if Grantee
defaulted under this Agreement, pursuant to Article 11-13.
10. 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 of this Agreement by the Grantee or its officers, employees, agents,
servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and
shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. Grantee expressly understands and agrees that any insurance protection required by this
Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold
harmless and defend the City or its officers, employees, agents and contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the Grantee
entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed
the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of
action which may arise as a result of the negligence of the Grantee entity.
11. 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 11-13.
12. 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.
13. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the City Manager or his designee may terminate this Agreement and withhold or cancel all or
any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the
City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination,
the Grantee shall be required to immediately repay to the City all portions of the Grant which have been
received by the Grantee, as of the date that the written demand is received.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of
the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days
after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request
in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a
period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by
delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach,
Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
Notwithstanding the provisions of this Section 13, 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 shall be
immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the
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unused/unexpended Grant Funds.
14. 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.
15. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of
this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center
Drive, 4th Floor, Miami Beach, Florida 33139.
16. 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.
17. 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Article III/Miscellaneous Provisions
18. The Grant awarded herein is the result of a finding by the City, based on representatives, documents,
materials and other information supplied by Grantee, that the Grantee is performing a public purpose through
the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program
component not meeting this condition will be considered a breach of the terms of this Agreement and will allow
the City to seek remedies including, but not limited to, those outlined in this Grant Agreement.
19. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in
employment, housing and public accommodations on account of actual or perceived race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political
affiliation.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities
Act of 1990 (ADA) to remove barriers that 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.
20. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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Exhibit 1 / Project Description
Project Description
Grant monies will be used to help support the promotion and production of the 4th WorldOutgames
Miami Beach-Miami 2017 to be held in Miami Beach and Miami from May 26 to June 4, 2017 (the
"Event"). This will provide a positive economic impact to the City and will attract visitors from around
the world. The Event will build community and diversity and will increase the visibility of the City on a
gbbal stage. The following expenses will be incurred in the delivery of Grant-funded services:
• Administrative Salaries
• Office Rent
• Program Supplies
• Accounting/Legal Services
• Marketing
See Exhibit 2 for a complete budget break-down.
The Grantee will support the following City Key Intended Outcomes and provde documentation of such
support:
• Improve Alliance with Key Business Sectors, Namely Hospitality, Arts & International Business With a
Focus on Enhanced Culture, Entertainment, and Tourism;
• Maximize the Miami Beach Brand as a World Class Destination;
• Enhance the economy by employing local people & increasing tourism;
• Increase Community Satisfaction with Cty Government by increasing tax income from sources
other than bcal residents;
• Promote and Celebrate our City's Diversity;
• Promote the City on a Global Stage; and
• Increase the City's Exposure as a Gbbal Sporting Venue
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Exhibit 2/ Project Budget
World Outgames 2017 Operating Budget (4 years)
INCOME Full Budget Bare Bones Budget
Participant Registration Fee 15000 $ 2,543,370.00 8660 1,515,500.00
Sports Fee 11500 $ 575,000.00 7,660 500,400.00
Human Right Conference Fee 2000 $ 550,000.00 500 137,500.00
Opening&Closing Ceremonies $ 1,083,000.00 250,000.00
Cultural Program $ 968,850.00 $ 319,720.50
Women's Program $ 99,500.00 $ 65,670.00
Sponsorship $ 4,157,500.00 2,000,000.00
Grants/Gifts/Private/Govt $ 1,500,000.00 750,000.00
Merchandising $ 25,000.00 $ 12,500.00
Outreach-Fundraising $ 142,250.00 50,000.00
Cultural Fee 1500 $ 60,000.00 500 $ 19,800.00
TOTAL INCOME $ 11,704,470.00 5,621,090.50
■
EXPENSES
Sports $ 515,800.00 $ 340,428.00
Sports: Officals $ 102,000.00 98,000.00
Sports:Venues $ 750,000.00 422,000.00
Human Right Conference $ 126,500.00 $ 31,625.00
Human Rights Conference:Venue $ 600,000.00 200,000.00
Human Rights Conference: Speakers $ 185,000.00 $ 46,250.00
Opening&Closing Ceremonies $ 1,819,050.00 $ 727,620.00
Cultural Program $ 313,187.00 $ 103,351.71
Cultural Program:Venues $ 175,000.00 50,000.00
Cultural Program:Artists/Films $ 90,000.00 $ 29,700.00
Women's Program $ 68,775.00 45,000.00
Operations:Admin $ 1,464,516.00 $ 805,483.80
Operations: Insurances $ 100,000.00 78,000.00
Operations:Travel (Non-Marketing) $ 25,000.00 15,000.00
Operations:Safety&Security $ 300,000.00 300,000.00
Operations:Medical $ 43,000.00 37000
Operations: Marketing $ 1,156,400.00 $ 636,020.00
Operations:Staffing $ 2,982,630.00 $ 1,193,052.00
Outreach $ 242,250.00 $ 159,885.00
Merchandising $ 15,000.00 $ 9,900.00
Contingency $ 125,000.00 $ 25,000.00
TOTAL EXPENSES $ 11,199,108.00 $ 5,353,315.51
Community Legacy GOAL $ 505,362.00 267,774.99
Narrative
Bare bones budget equals an overall reduction of 52%on average in both income and expenses. The individual cuts
range from as much as 80%to 0%in areas such as Operations:Safety&Security that was not decreased at all.Overall
registration was reduced from 15,000 total in all three Pillars to 8660 which is a 40%reduction. Sporting events were
decreased from 37 to 18 and cultural events were reduced by over 50%.Events that were eliminated wwere those that
had high cost and fewer attendees such as table tennis. Reducing to only 18 sporting events would be a dramatic
chnagefromtheprevious three events that all achieved more than 30. Additional reductions were taken within the ,
Village area ar&ilaeral operating.
Exhibit 3/ Key Initiatives
Grantee's Responsibilities
1. Grantee's funded services shall support the following City Key Intended Outcomes, and Grantee shall
provide the City with documentation of such support:
• Improve Alliance with Key Business Sectors, Namely Hospitality, Arts & International Business
With a Focus on Enhanced Culture, Entertainment, and Tourism;
• Maximize the Miami Beach Brand as a World Class Destination;
• Enhance the economy by employing local people & increasing tourism;
• Increase Community Satisfaction with City Government by increasing tax income from
sources other than local residents;
• Promote and Celebrate our City's Diversity;
• Promote the City on a Global Stage; and
• Increase the City's Exposure as a Gbbal Sporting Venue
2. Grantee shall document progress and support of the Citywide Key Intended Outcomes above by
providing the following information to the City:
a. A summary of the overall Event and its impact to the City's Key Intended Outcomes, as outlined
in Item No. 1 above;
b. A copy of the financial report for the period ending on October 31, 2016;
c. A copy of the financial report for the period ending on December 31, 2016;
d. A copy of the financial report for the period ending on February 28, 2017;
e. A copy of the financial report for the period ending on April 30, 2017; and
f. A copy of the financial report for the period ending on July 31, 2017.
3. Grantee shall maintain the following documentation as evidence of expenses incurred for supporting
existing minority business and education enhancement programs offered to the community:
a. Payroll,records (including salary, fringe, benefits, etc.);
b. Rent invoices (with cancelled checks);
c. Supplies and services receipts (invoices and cancelled checks); and
d. Contracts/Agreements in regards to services provided.
4. Grantee shall submit a Final Report to the City no later than no later than 15 days after Project
Completion Date, which documents the efforts undertaken to support the Key Intended Outcomes and
includes the following information:
a. A final project budget; and
b. A Final Report including data based on the City's Key Intended Outcomes, as outlined in Item
No. 1 above.
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