Creative Arts Enterprises~o~d~ 27 S- `7
- ~ ~ ~ ~ MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council.
Fiscal Year 2010!11 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 20th day of September, 2010, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article 1 /Grant Description
1. 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:
Creative Arts Enterprises
Ellen Wedner
59 NE 46th Street
Miami. FL 33137
305.573.6477, 305.573.6479, ellen kidflixfestival.com
$5,602.80 50% of base award paid upon execution of this Agreement.
Remaining 50% + $2,000 Byron Bonus paid upon completion.of Project
and submission and approval of Final Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 15, 2010
September 30, 2011
December 31.2010
8. final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. (~
IN WITNESS WHEREOF, the arti s hereto ave executed this A reement this ~~~day of ~ g , 2010.
P 9
.~
Matti ere Bower, Mayor • ~ '`
' Signature
Attest: ~ C:,,
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
sear
GRANTEE: t c
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
!Ir FOh2 EXECUTION..
The foregoing instrument was acknowledged before me
this ~ day of ~ G ~ 2010, by
~T~ ~~'~~ S~.S, a not-for-profit
corporation."~/She is personally known to me or has
produced n as
identification. n ~ ! /
Signature of Notary Public
9
zoo ;::: ;~~ SANDY R WERiHEIIN
,~ ~ MY COMMISSION # DD 63782A
EXPIRES: February 17,2011
~~TFOF F`OP\~Q BondedThru.Budget NOt9ry$erYlCAB
Notary Name:
Notary Public, State of Florida
My Commission Expires:,
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 City's
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. AIt 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. 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. 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. New Grant awards
will not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject
to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre.. 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. 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 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
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.
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' 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
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 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 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 setforth herein, and Chapter
2, Article VI I 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 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 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 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
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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 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 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 wilt 6e 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/or services recommended for
support. As :such, use of Grant funds for any program componenYnot 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 compty 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 62-34 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.
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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 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.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 /Revised Project Description
Organization: Creative Arts Enterprises
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:
KidFlix Festival, the international film festival for kids 3-14, is planning some unique holiday
activities in Miami Beach for November and December 2010. The KidFlix Festival "Beach
KidFLix" happens Sunday, November 21 from 1:00 pm to 5:30 pm at the Byron Carlyle
Theater. The festival will screen two international films and fill the theater lobby with hands-
on activities highlighting a variety of winter holidays. Before and after the films the kids will
have the opportunity to learn, in a creative manner, more about some of the traditions and
practices of other groups in our diverse community.
The second phase of this event will be the fo{lowing month during winter school break,
December 26-31, both for Miami Beach residents and during a season when many children
are visiting their grandparents, aunt & uncles and friends here in South Florida, and a time
when the Beach .hotels are filled with tourists from all over the world. We will create a mini
kids festival at the Miami Beach Cinematheque by screening one film per afternoon that is
consistent with our family friendly and age appropriate standards. The Nov 21 screening
stands on its own as a celebration of our diverse holidays, but also serves as a launch pad
for our December mini festival.
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 n:quirement that the work
is new or has never before been presented in Miami Beach.
KidFlix festival, the international film festival for kids 3-14, is in Miami Beach for November
and December 2010. "The KidFlix Festival presents Holiday Happenings" takes .place
Sunday, November 14 from 1:00 pm to 5:00 pm at the Byron Carlyle Theater and at the
Miami Beach Cinematheque December 27-31, 2010. At the Byron Carlyle, the festival will
screen two international films, the first one being "The Peace Tree" from Canada and the
second is a unique group of international short films for kids 6-12. After the first screening,
the audience is invited to the theater lobby where we will make ornaments from many winter
celebrations such as Eid, Hanukkah, Dawali, Christmas, Lunar New Year, and Kwanza to
decorate our own Miami Beach Peace tree. Families can take their ornaments home or leave
them on the tree. The Peace Tree, which will also be in the lobby of the new Miami Beach
Cinematheque during our Holiday Happenings matinees at 2:30 pm every day. During that
winter break week, we will screen films such as the original 1963 "Flipper," "Kirikou and the
Sorceress" from France and "Legend of the Sky Kingdom" from Zimbabwe.
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Exhibit 2-A: Project Budget !Revised Total Project Budget
Name of organization: Creative Arts Enterprises
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
Personnel -artistic N/A N/A
Personnel -technical N/A N/A
Personnel -administration N/A 3,000
Outside artistic fees/services 2,800 N/A
Outside other fees/services. 1,000 N/A
Marketing/Publicity 3,000 N/A
Space rental 3,630 N/A
Utilities N/A N/A
Equipment rental 750 N/A
Office supplies 251 N/A
Other Costs: (Itemize below)
film Fees 4,000 NIA
Film Shipping 1,000 N/A
Total cash expenses 16,430.00
Total in-kind expenses 3,000.00
Total project expenses 19,431.00
CASH Sz IN-KIND
CASH IN-KIND
Admissions 3,450 N/A
Contracted services N/A 3,000
Tuitions - N/A N/A
Corporate support 2,500 N/A
Foundation support .1,000 N/A
Individual support 1,879 N/A
Government grants N/A N/A
Federal N/A N/A
State N/A N/A
Other Contributions (Itemize below)
City of Miami Beach Grant Award 5,602.80
Byrori Bonus 2,000.00
- Total cash revenues 8,829. 00
Total in-kind revenues 3.000.00
Total project revenues 19431.00
CASH 8z IN-KIND
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Exhibit 2-B: Project Budget 1 Revised Grant Award Budget
Name of organization: Creative Arts Enterprises
Date(s) of Project: November 14-December 31,2010
Grant Award: $5.,602.80 + $2,000.00 Byron Bonus
.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 N/A Equipment .Rental N/A
(NOT administrative)
Personnel -technical N/A Space rental (Performance
- Related Only) 3.000
Outside artistic fees 700
Marketing/Publicity 780 Total Other Costs (itemize
Below)
- Printing 1320
Description Amount
Postage N/A Film Fees 1,500
Film ShippincL 302.80
TOTAL (must equal grant award):
7,602.80
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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.~ i
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
• Insurance Fees (Cultural Anchors excluded from this restriction)
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or afi'iliate 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
• 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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