Italizan Film Festival, Inc.ZaoQ-2'721tf
m MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract execution deadline:
6. Expenditure deadline:
7. Project completion date:
8. Final Report deadline:
Italian Film Festival, Inc.
Claudio di Persia
360 Greco Avenue Suite 201A
Coral Gables FL 33146
305-447-0233, 305-447-4996, claudioCdicinemaitalv.com
810,843.18 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 15, 2009
September 30, 2010
Must be postmarked or delivered no later than 45 days after Project
completion date. ~ ~ /6
IN WITN~ES~S~WfHEREOF, the~pajrti/e/s hereto have executed this Agreement this ~I~ day of 6'~i~lhl. l , 20Jdg.
MattiFH rt ra Bower, M yor Signature
Attu: /- ~ ~~ STATE OF FLORIDA, COUNTY OFMIAMI- DADE
Robert Paroher, City Clerk The fore~mg instnfrngntwas~edcnowledged before me
GRANTEE:
Federal ID #:
BY:
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
thi day of 2009, by
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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 Cites
Cultural Affairs Program Manager.
2. Proiect 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 specked 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. Resorts: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cuRural community. To demonstrate that the Grant is fulfilling, or has fulled, its purpose,
the Grantee must supply the Cultural Affairs Program Managerwith 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, 2010, must submit their final reports no later than November 15, 2010. New Grant awards
will not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is spec'fiied in Article I-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 CufturalAffairs Program Manager may monitorand 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 wdh 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 Managerwith 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 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 fts expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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8. Publicity and Credlts: The Grantee must include the City of Miami Beach logo and the following credlt
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
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 noway limlt 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 beheld liable to pay a personal injury or property damage claim orjudgment 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 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'rffully 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. DefaulUTermination 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 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, the following provisions will also apply:
a. For first-time violations -Grantee shall be required to submit a final report wlth 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 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.
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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 wkhin 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, 'rf
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 Cutural 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 cert~ed letter addressed to the Grantee at the address specked in Article I-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, Cutural 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 noY be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
18. 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 wkhin 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 resuk 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 limked 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 k 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 k 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
that are available to persons without disabilities.
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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
Organization: Italian Film Festival, Inc.
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, speck dates, venues, times, artists, etc. Use extra page if necessary.
Protect description as aooroved by Grants Panel:
The 2009 Italian Film Festival, now in its seventh year, will be held October 15 - 20, 2009 for the sixth
consecutive year at the Regal South Beach Cinemas on Lincoln Road. This year's festival will include
10 of the top Italian films produced in 2008-2009 that have not yet been screened for South Florida
audiences. The festival will also include a Meet the Artists series at Books & Books on Lincoln Road
and a variety of lectures and other opportunities.
The 2009 Italian Film Festival will begin with apre-opening cocktail reception open to the public by
invitation. This will be followed with the screening of the Festival's opening film and dinner. Following
the opening screening and festivities, nine additional films will be screened over the course of the
Festival. Also, a sponsored dinner for the featured artists takes place each evening at different
locations throughout Miami-Dade County for invited guests, civic leaders, and foreign dignitaries
including the Italian General Consul and the Minister of Culture from Italy. Invitations to the opening
festivities will be extended to the Miami Beach Mayor and City Commission members. In our efforts to
promote the short films being produced in Italy, we will once again partner with the Miami Beach
Cinematheque on Espanola Way and the Miami Beach Film Society to showcase 10 short films
produced in Italy during 2008 and 2009.
Changes to projects awarded under the Artistic Disciplines program must sh11 adhere to the requirement that the work
is new or has never before been presented in Miami Beach.
Initially, the Regal South Beach Cinemas would not allow us to book the 2009 festival for the same
holiday weekend (Columbus Day Weekend) as we had for the prior four years. We were told that
Hollywood was requiring cinemas to reserve screens for holiday weekend releases. In summer 2009
we learned that the theater would, in fact, make a screen available for the festival throughout
Columbus Day Weekend, so the festival dates were changed to October 8 -13, 2009.
All other program elements remain the same.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Italian Film Festival, Inc.
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 10.000 Admissions 18.500
Personnel -technical Contracted services
Personnel -administration 10.000 Tuitions
Outside artistic fees/services 6_` Corporate support 22.400 20.425
Outside other fees/services 3500 Foundation support 12.000
Marketing/Publicity 14,000.18 10.000 Individual support 13.257
Space rental 12.000 Government grants 51000
Travel 900 500 Federal
Utilities 4_` State
Equipment rental 500
Office supplies 11900
Insurance/Security
Other Costs: (Itemize below) Other Contributions (Itemize below)
Film Rental/Shioping 21500
Artist Hotel 500 11200
Hos itali 14.900 8 725
City of Miami Beach Grant Award 10.843.18
Total cash expenses 82.000.18
Total in-kind expenses 20.425
Total project expenses 102.245.18
CASH & IN-KIND
Total cash revenues 82.000.18
Total in-kind revenues 20.425
Total project revenues 102.245.18
CASH ~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Italian Film Festival, Inc.
Date(s) of Project:
Grant Award: $10,843.18
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 8 000 Equipment Rental
Personnel -technical _ Space rental (Performance
Related Only)
Outside artistic fees
Marketing/Publicity 2.843.18 Total Other Costs (itemize
Below)
Printing _
Description Amount
Postage
TOTAL (must equal grant award): 10.843.18
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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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
• 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 forfinal reports submitted within 45 days upon completion ofgrant
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 2009-10 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of pertormance(s), such as programs, brochures and flyers.
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