Entertainment Industry Incubatr
MIAMIII!;ACH
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Art!
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This Grant Agreement is entered into this~ day of ~~2, bEm;eentheCityofMiami=--
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Entertainment Industry
Incubator((;rantee).
City of MiamI Beach Cutturat. Arts Council
2002/2003 Ctdlural Arts Grant Agreement
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Article II Grant Description
,
1. Grantee: Entertainment lndustry Incubator
Address 940 Lincoln Road Suite 2P4
City, State, Zip Miami Beach Fl33139
Phone, fax, e-mail (305) 672-9297 (305) 672-0177 sunschein@mindspring.com
2. Grant amount: 6,00050% paid upon executionoftms Agreement.
Remaining 50% paid upon completion of Project and submission and approval of Final Report.
3. I?roject description: See Exhibit 1 , attached her~to
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Contract deadline: October 31,2002
6. Expenditure deadline: September 30, 2003
7. l?roject completion date:
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completi()lt date.
1(0
ITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of
~t1l- ,2002.
GRANTEEll2.n~ II~ (\ l'V\.tv\t ~lustr1 :::Jnu.4,Jo
Print Name of Organization
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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 Director of the City of Miami Beach Cultural
Arts Council, or his designee, who shall be referred to herein as the "Director of the Council."
2. ProiElct Description: The Grantee may only use the Grant for 111e 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 (10%) per category, so long as
said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Budget in Exhibit 2-B shall not be permitted without the prior written consent
of the Director of the Council. Said requests shaH be made in advance to the Director, in writing, detailing
and justifying the need for such changes.
All Grant recipients must participate in a minimum of one Second Thursdays (see Article 1Il-19).
The following City of Miami Beach "Anchors" are required to provide specific information in their Project
Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts
organization(s) of their choice, supported by 111e City's Cuttural Arts Council, either by offering rehearsal
space, working on collaborative programs, or some similar project witll the intent of assisting sucll smaller
arts organization(s).
Miami Beach "Anchors" for 200212003 are defined as follow~:
ArtCenterlSouth Florida
Bass Museum- ~Art
Concert Association of Florida
Jewish Museum of Florida
Miami Ci~y Banet
Miami Design Preservation LeaQ\le
New World Symphony
Wolfsonian-FIU
Failure to include the above information may result in the cancellation of the Grantee's award, and may
disqualify it from future consideration from the City's Cuttural Arts Grant Program.
3. Reports: Tllis Grant has been awarded witll 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 Director of the Council with a written final report
documenting that the Grantee has fulfil1edal1 requirements. This report is to be received by111e Director of
the Council within 45 days of the Project's completion. Miami Beach Ancllors ONLY will submit an interim
report in April 2003 to receive the up to 50% of their Grant award {payable subject to the restrictions in
Article 1-2), with flflal reports due no later than 45 days after tile completion of the City's Fiscal Year on
September 30, 2003.
4. Amount of Grant and Payment Schedule: The total amount of tile Grant is specified in Article 1-2
(subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide
financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole
responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and
City Commission's approval of the award.
5. Proaram Monitorina and Evaluation: The Director of the Council may monitor and conduct an
evaluation of operations and the Project under this Grant, which may include visits by City representatives
to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's
programs with the Grantee's personnel.
Page 2 of 8
6. Bank Accounts and Bondina: Monies received pursuant to this Agreement shan be kept in accounts
in established Miami-Dade County banks or savings and loan associations whose identities shall be
disclosed in writing to the Director of the Council with the identity and title of individuals authorized to
withdraw or write checks on Grant funds.
7. Accountina and Financial Review: The Grantee must 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 weU as all documents pertaining to payments received and made
in conjunction with this Grant, such as vouchers, bills, invoices, r"8C9ipts and canceled checks, shall be
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 specifietl in Article 1-5. These books, records, and documents may
be examined by the Director of the Councilor his designee at the Grantee's offICeS during regular business
hours and upon reasonable notice. Furthermore, the Oir-ector of the Council may, at the City's expense,
audit or have audited, upon reasonable notice, 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 Cultural Arts Council
logo and the following credit line in aH publications related to this Grant: The Cityd NIiami 8eBch. 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 11-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its
officers, employees, agents and instruments from any and all liability, losses or damages, including
attomeys' fees and costs of defense, which the City or its offICers, employees, agents and instrumentalities
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
emplOYees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and
losses in connedion therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name Of the City, where applicab1e, including appeffate proceedings, and shaU pay aU 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, shaH in no way limit the
responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents
and instrumentalities as herein provided.
If the Grantee is a govemment entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions ofthat Statute whereby the Grantee
entity shall not be held liable to pay a personal inj.ury or property damage claim or judgment by anyone
person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when
totaled with aU other claims or judgments paid by the govemment 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. Assi9nment: The Grantee is not 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 aHapplicable federal,
State, County and City laws, including but not Iimit~d 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. DefaultIT ermination Provisions: In the event the Grantee shall fail to materially conform with any of
the provisions of this Agreement, the Director of the Council may withhold or cancel aU, 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 breach of any
Page 3 l}f 8
term or condition of this Agreement, upon five (5) calendar days written demand by the Director of the
Council, the Grantee shall repay to the City all portions of the Grant which have been received by the
Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand
is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds
becaUSe of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another
Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after
the expiration of the Grant period. The Grantee will also be 1iabIe to reimburse the City for all lost or stolen
Grant funds.
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 Director of the Council 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 to1he City pursuant to this Section are to be repaid by delivering
to the Director of the Council a certified check for the total amount due, payable to the City of Miami Beach,
Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. 'ndulaence 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 of the breach of 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:
Grisette Roque Marcos,lnterim Director, Miami Beach Cultural Arts Council, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Captions. Used in this Aareement: Captions, as used in 1I1is 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 Aareement: 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 1111 Misce11aneous 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 1I1e programs, projects, and services recommended for
support. As such, use. of these 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 seel<: remedies including but
not limited to those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with 1I1e following Special Conditions:
Page 4 of 8
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, rolor, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting diSCI illli..ation in employment, housing and public accommodations
on account of race, color, national origin, religion, sex, sexual orientation, handicap, marita! 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 r~ires that Grant r"8C1pients provide equal access and ~ual
opportunity and services without discrimination on the basis of any disability.
19. All Grant recipients must participate in a minimum of one "Second Thursdays", a cultural open
house on the second Thursday of every month. Free arts events will be held at multiple locations
throughout the City of Miami Beach. Upon acceptance of the Grant and eX"8Cution of the Agreement,
Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in
"Second Thursdays' may be considered a material breach of this Agreement, as provided in Article 11 -12
herein.
[The remainder of this page is left intentionally blank]
Page 5 of S
Exhibit 1 I Revised Project Description
Organization:Entertainment Industry Incubator Project title: Collaboration...A Short Film Contest
Completely describe Project approved by the Grants Panef and in a separate narrative detail the
revisions to the Project based upon the award. Please be as specific as possible; name of event,
venue, times, etc. Also, detail the organization's participation in Second Thursdays. Miami Beach
Anchors should list specifics about their mentoring program.
The contest profile remains the same as the one we submitted to the grants panel. We've
added some additional supporters as mentioned below.
With several major successes behind it, the award-winning "Collaboration... A Short
Film Contest" is celebrating its fifth year and is expanding statewide. The contest provides
an opportunity for novice and experienced fHmmakers to showcase theirtafents to the
public and industry decision makers, who serve as judges, and have come to Miami Beach
from New York and Los Angeles solely to participate in this event. It is designed to put
powerful industry executives in the same room with the indigenous community and
continues to attract greater interest from the nation's film community wh11e focusing
attention on the wealth of talent in the local Florida filmmaking populace. In fact, on the
heels of last year's support, this year we have formed a strong association with the Miami
Film Festival.
In October we launched our official registration process in four cities around the state
and had our orientation workshops. This session gave a detailed explana-tion of the rules
and included a mini workshop and guest speakers. During that meeting, teams were put
together. The theme was announced on November 8th.
The Collaboration contest itself will remain essentially the same as it has for the past
four years. Individuals are invited to sign up for one of six key man positions (producer,
director, writer, editor, camera person and sound) and have 30 days to script, shoot and
edit a five minute film built around this year's theme with a cash outlay of $500. All projects
are screened by a panel of local industry experts and the top 15 are chosen. So that all
who participate have a level playing field, there are two categories of participation: novice
and experienced.
Those semi-final projects are entered into the finals which be held at the Roney
Palace Hotel on Feb. 1, 2003. As it is our fifth anniversary, we are planning a trendy gala
event that evening to be preceded by a seminar and panel discussion with our judges on
the morning of the same day. During that evening event, the 15 semi-final projects are
shown to our audience including our blue ribbon panel of industry decision makers. By
evening's end, the top three winners in each category are announced. While the numbers
are being tallied, we show a variety of work from at-risk students in the Miami Dade County
public school system. In the past, the judges have been extremely impressed. The public
has been totally amused.
The contest was conceived as an annual high profile event. Its intention is to
encourage participation from as many peopfe as possible, continue to help raise our cultural
profile and to firmly establish our indigenous filmmaking community as among the most
professional in the country.
Page 6 of 9
.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Entertainment_lndustry_lncubator
Project Title:_Collaboration..._A Short Film Contest
Date(s) of Project: _ October_1, 2002 - _March 31, 2002
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your Pi 091 alii, project or events. Round offall numbers to
the nearest dollar.
EXPENSES
cash in~kind
_500_
Personnel - artistic
Personnel - technical
Personnel- administration 65,365_
Outside artistic fees/services _ 5000
Outside other fees/services 8000
Marketing/Publicity 39,500_
Space rental 16,750_
Travel 4900_ 1000_
Utilities 1800_
Equipment rental 550_
Office supplies 500_
Insurance/Security 837_
REVENUES
Admissions
Contracted services
Tuitions
COrpOI ate support
Foundation support
individual support
Government grants
Federal
Slate
cash in-kind
_15,000_
_30,000_
_13,650_
_44,502_ 35,250
_13,985_
_17,215_
Other Costs:
_Credit Card_
]ood ~ Alcohol Parties_
_Postage
_Printing
{Uemize below} Other Contributions {~ize below)
_400_
J500_ _t7,5oo_
_1000_
_4500_
Total cash expenses
Total in-kind expenses
Total project expenses
_140,352_
_35,250_
_175,602_
(cash + in-kind)
Page 7 of 8
Grant award
_ 6,000_
Total cash revenues _140,352_
Total in-kind revenues_ 35,250_
Total project revenues _ 175,602_
(cash + in-kind)
"
Exhibit 2-B: Project Budget I Revised Grant AwardSudget
Name of organization: _Entertainment industry Incubator
Project Title: _Collaboration...A Short Film Contest
Date(s) otproject: _October 1,2002 - March 31,2003
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget "Categories ~eclare~ below.
Grant Expenses
Personnel - artistic
Personnel - technical
Personnel- administrative _1500_
Space rental
Travel (local only)
Marketing/Publicity
_2000
Outside artistic fees
_2~O_
Outside other fees
Other costs
(Itemize below)
TOTAL _6000
Grant requirements:
Grant monies must be spent within budget categories agreed upon in contract
All pUblications associated with Miami Beach Cultural. Arts Council grant support
must include the City of Miami Beach Cultural Arts Council's logo and the following
byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City employees for any services rendered as part of a project
receiving a grant from the City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (permanent equipment necessary for
proposed project may be purchased if the price is less than what is would cost to rent
the equipment)
Debt reduction
Out-of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public
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ARTICLES OF INCORPORATION
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