Miami Beach Film Society, Inc.~oo~ a~9~~
m MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this _~11 ~ day of .2008, between the City of Miami
Beach, Florida (the City), and (Grantee).
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract deadline:
6. Expenditure deadline:
Article l /Grant Description
Miami Beach Film Society, Inc.
Dana Keith
P.O. Box 19-1876
Miami Beach, Florida 33119
305-673-4567, 305-534-5196, infoCc~mbcinema.com
$ 17,937.50 50% paid upon execution of this Agreement. Remaining 50Ro
paid upon completion of Project and submission and approval of Final Reporf.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
October 27, 2008
September 30, 2009
7. Project completion date: _Sept 01, 2009
8. Final Report deadline: Must be postmarked or delivered no late than 45 days after P o' ct ` -
completion date. y~' ®~~~~~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2008
atf . Bower, M r Signature
Attest:
Robert Marc er, City Clerk
Grantee's Cor orate Seal Here
GRANTEE:
STATE OF FLORIDA, COUNTY OF MIAMI- DADS
The foregoing instrument was acknowledged before me
this~day of L~ ~2~~~ 2008, by
~-~-~(„ jCi ~~f 7--~tl 1 ~J E~ r1 L .. of
~(~ fr~_rT"p'f~ , snot-for-profit
corporation. He/She is personally known to me or has U
produced '~~1 ~! 7~1/' .. ! ~1 ~ -. ~~,A~SZ- as
~ .--r----rte v-r-
identification.
ignature of Notary Public
Federal tD #: _65-0415830 Notary Name: ~~~~~ ~~_ ~ C~
AS TO Notary Public, State of Florida
BY: _Dana Keith F[)RM &_ LANGUAGE
Printed Name of Organization's Authori~~~ ~;V'f'ION
~1 My Commission Expires: 7!~ ~ d ~ f l
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at
~~~ ' I'iAROLD R~1f31Ft)
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'~•,; • EXPIRES: Juty 21,2011
` bontled 7trru Note Public Underwriters
9. Liability and Indemn~cation: The Grantee sha{I indemnify and hold harmless the City and its officers,
employees, agents and instruments from any and all liability, lasses 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 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 attomeys' fees which may issue thereon. Grantee
expressly understands and agrees that any insurance protection required by this Agreement, or otherwise
provided, shall in noway 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 government entity, this indemn~cation 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 Gaim 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 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 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 materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program 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.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
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 future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee 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.
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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 Cultural Affairs Program Manager or his Designee 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 or his Designee 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. 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 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 I-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 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 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 Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital 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
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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 LAIN 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 is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organization: Miami Beach Film Society, Inc.
Completely describe Projecf 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 passible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
In 2008-2009 we will continue our highly successful "Great Directors" series, bringing in
depth opportunities to study masters and newly discovered international talents in film, (such
at Atom Egoyan, Peter Greenaway, and Pier Paolo Pasolini). Other series will continue to
develop, such as "DOCUSPAIN" and "A Nite OUT" possibly sponsored by here! TV, and an
environmental film series in collaboration with °Rescue Earth" organization. We also would
like to further develop our Filmmaking Workshops and panels, which offer learning
experiences beyond the typical concentration on commercial filmmaking. Continued and
expanded use of the Colony Theater is also in the planning, as well as our many
collaborations with just about every film festival in South Florida (and beyond), helping to
make MBC programming the most diverse in the area.
In an exciting development in MBC's history, the upcoming season will include an upgraded
HD high definition projection system in collaboration with the world's leading distributor of
digitally presented films, Emerging Cinemas. With this new facility upgrade, MBC will join
forces with Emerging Cinemas to present first and exclusive runs of the best new films on the
international circuit, allowing such prestigious films as the 2007 Cannes Film Festival Palm
d'Or winner 4 Months, 3 Weeks, and 2 Days to be premiered in Miami, as well as other
outstanding films and new series, such as "Undiscovered Gems" (films that have not yet
received wide distribution in the US, sponsored by IndieWire), "Full Frame Documentary
Festival" (important social issue documentaries), and the "La Scala Opera Series" (filmed
documents of the world's best operas in collaboration with the premiere Opera House in
Milan, Italy)-all in HIGH DEFINITION projection and sound!
Since we have been chosen for the seventh year as an official beneficiary of the Academy of
Motion Picture Arts and Sciences annual fundraising program, we will continue to highlight
the latest award winning and nominated films in categories such as °Best Short
Documentary" and "Best Foreign Film"; the films that are rarely distributed widely, but very
important to include. And in our efforts to collaborate with organizations and festivals, we will
continue to co-develop new film festivals such as The Miami Underground Film Festival,
The Sicilian and Miami Italian Film Festival, and The Colombian Film Festival.
Supplemental performance art will continue to be an important part of the MBC experience,
and music continues to be an inspiration, with upcoming use of classical music duets and trios
supplementing classic silent films in our new "Silents Please" Series.
Exhibitions of our MBC Archive (one of the most advanced in the world in film history
memorabilia), as well as art exhibitions and installations, will also continue to tie-in to our
regular programming, keeping MBC's focus on photographic arts and related topics.
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Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must sttll adhere to the requirement that the
work is new or has never before been presented in Miami Beach.
No major changes have been made to our plans besides possible date changes (but within the
grant period). As is the nature of the Cinematheque, we also include current news in our
programming, so one retrospective date may move to make way for another (such as the recent
news of Paul Newman's illness inspiring a change of choice for director of the month in
September).
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Miami Beach Film Society, Inc.
Date(s) of Project: Oct 01, 2008- Sept 01-2009
Attach a copy of the total Project budget or list cash expenses and cash revenues
spec~cally identified with your program, project or events. Round off alt numbers to the
nearest dollar.
EXPENSES
Personnel -artistic
Personnel -technical
Personnel -administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publiciry
Space rental
Travel
Utilities
Equipment rental
Office supplies
InsurancelSecurity
CASH IN-KIND
36.000 5000
7000 5000
7500 5000
4000 10000
17000 5000
25,893 9000
59,794
850 500
9100
30.000 3000
2500
2700
Other Costs: (Itemize below)
Grounds maintenence 1900 _
Hotel rooms 1200 3000
Permits 1500 _
Total cash expenses 206,937
Total in-kind expenses 45,500
Total project expenses 252.437
CASH & IN-KIND
REVENUES
Admissions
Contracted services
Tuitions (membershiF
Corporate support
Foundation support
Individual support
Government grants
Federal
local (Hannibal Cox)
CASH IN-KIND
42.000
6000 10.000
~s) 6000
50,000 30.000
30.000
25,000 5500
25.000
Other Contributions (Itemize below)
concess/merch 5000
City of Miami Beach Grant Award 17,937.50
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Total cash revenues 206,937
Total in-kind revenues 45,500
Total project revenues 252, 437
CASH ~ IN-KIND
Exhibit Z-B: Project Budget /Revised Grant Award Budget
Name of organization: Miami Beach Film Society, Inc.
Date(s) of Project: Oct 01 2008-Sept 01 2009
Grant Award: $17,937.50
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
Personnel -technical
Marketing/Publicity
Printing
Postage
Grant requirements
Equipment (film) Rental 1000
Space rental (Performance
Related Only) 16,937.50
Outside artistic fees
Insurance (Performance
Related Only)
Total Other Costs (itemize
Below)
Description Amount
TOTAL (must equal grant award): 17,937.50
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 A-ts 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
• Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
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Americans with Disabilities Act {ADA) and Section 504 of the Rehabilitation Act of 1973
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
• "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 outside the local Miami Dade County area
• SociaUFundraising 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
Required supporting materials for-fins! reports submitted witl~in 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)
• 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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