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Miami Beach Film Society MIAMI BEACH cuLturaL ATtJ cout04CIL This Grant Agreement is entered into this I a day of Mr'fJ/tBfI.--; 2003, between the City o~-- Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Miami Beach Film Society (Grantee). City of Miami Beach Cultural Arts Council 2003/2004 Cultural Arts Grant Agreement ~ ~ Article 1/ Grant Description 1. Grantee: Address City, State, Zip Phone, fax, E-mail Miami Beach Film Society PO Box 19-1876 Miami Beach FL 33139 (305) 538-8392 (305) 531-8955 polarey@juno.com 2. Grant amount: $4000 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report, 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5, Contract deadline: November 7,2003 6, Expenditure deadline: September 30, 2004 7. Project completion date: 6GFr - 2tJOf. 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date, parties hereto have executed this Agreement this -br day of Date $iQ..nature APPROVED AS TO FORM & LANGUAGE ,''" & FOR EXECUTION "" ., ,rSD'1 asfro (Corporate Seal) ~Csm':,L"ion # CC 948811 ,i E;;PJr~ctd~,~ 2~' f.'I~f7- d~ Atlanbc Bond'no Co -". . ey~ Date ATTEST: R ~~k~ R bert Parcher, City Clerk Article III 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. 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 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 shall be made in advance to the Director, in writing, detailing and justifying the need for such changes. 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 the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 2003/2004 are defined as follows: ArtCenterlSouth Florida Bass Museum of Art Jewish Museum of Florida Miami City Ballet Miami Design Preservation League 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 Cultural Arts Grant Program. 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 Director of the Council with a written final report documenting that the Grantee has fulfilled all requirements, This report is to be received by the Director of the Council within 45 days of the Project's completion, Grantees completing their Project by Fiscal Year End, September 30, 2004, final reports are due within 45 days or November 15, 2004. 4. Amount of Grant and Payment Schedule: The total amount of the 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. 6. Bank Accounts and BondinQ: 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 Director of the Council with the identity and title of individuals authorized to Page 2 of 8 withdraw or write checks on Grant funds. 7. Accountino 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 well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts 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 specified 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 Director 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 all publications related to this Grant: 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 11-12. 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 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 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 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 anyone 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 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, Assionment: 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 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. DefaultfTermination 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 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 a breach of any 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 Page 3 of 8 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 0( this Agreement. The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expirntion of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant fl.llds. My 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 to the 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.lndulaence 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, Interim 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 this Agreement, are for convenience of reference only and should not be deemed or construed as in anyway 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 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: 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, 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 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. [The remainder of this page is left intentionally blank] Page 5 of 8 Exhibit 1/ Revised Project Description Organization: /Ill lAM I BF,fN/ rllM S~/[7fPrOjecttitle: MiAMi ,gO{l!l e/N'fMAlHyPt/l Completely describe Project approved by the Grants Panel 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, Miami Beach Anchors should list specifics about their mentoring program. (Sr=E 'NO roUt7'N/N0 fMfS) Page 6 of 8 l The Miami Beach Cinematheque (MBC) is open after a year of renovations to a crumbling historic interior space (the 1925 "Gothic Revival" Matanzas Hotel storefront), Throughout that year the Miami Beach Film Society (MBFS) raised funds to open, renovate, and restore a "home", and remained fucused on reaching the goal of providing regular programming-despite "all odds" and based 100% on volunteers who devoted hundreds of hours to the renovation project, Now over the "hump" of paying rent on a space that was not yet useable, with donations generously provided by the community eager to see the project come to fruition, MBFS is on its way with a full calendar of events provided on a regular basis to the community that waited to see it happen. In other words, "we made it", and the project has remained dedicated to the original concept and mission of providing an all-inclusive center for the art of film on Miami Beach. With a limited budget MBFS has already provided the schedule proposed in the original MBCAC grant application. In fact MBFS bas already gone well beyond that original proposal in terms of variety and collaboration with other organizations and community tie-ins because ofthe overwhelming welcome that the community has given the project based on the need for it, The following projects are well underway and more weekly events will be added: Wednesdays: A new collaboration with the Florida Grand Opera has been developed to invite audiences on South Beach to discover Opera (and invite opera lovers to discover South Beach!) with a montWy ''OPERA on FILM" series introduced by opera experts. Thursdays: Dedicated to offering ahernatives to the commercial movie-going experience and to further the appreciation of film as an art-fonn, MBFS has programmed "Views From the uNderground" that emphasizes experimental film, featuring the world traveling "Independent Exposure", a compilation of cutting edge shorts from the microcinema movement, and other home-grown compilations in development. Fridays: "Foreign Film Picnic" higWights important foreign films in history and invites the local business community to participate by sponsoring the events with a "boxed picnic" in theme with the film, Collaborations such as "French Cine-Club" with the Alliance Francaise (supporting the French version of Foreign Film Picnic") have already found an enthusiastic following, as has "A Nite OUT' featuring gay friendly films, and "Cafe Con Cinema" featuring Spanish language films. Saturdays: "Featured Independent: MEET THE DIRECTOR!" has given the local independent filmmakers a spotlight and a platform to express themselves, and the filmmakers are delighted to finally have a regular night to show work to audiences, The "spotlight" includes local photographers who get montWy exhibitions oftheir work. Sundays: "Cinebrunch" and "Retro Americana" including such collaborations as "Miami Beach Newsreels" with the Florida Moving Image Archive provide a showcase for retrospective works and classics for all ages, The well-rounded on-going "in-house" programming is where we will use grant funds, The revisions to the project from the original application are financially related. With an application to MBCAC for $10,000 (based on the:fu.ct that funds will be utilized for an entire year of programming and not just a weekend or one-time special event), and receiving $4000, adjustments have been made in terms of personnel and expenses. As we develop our major sponsors with invitations for them to see what we have done so far, we remain a volunteer organization until sufficient funds are obtained to cover salaries. The actual programming concepts have been started despite the limited budget, and have successfully been kept to minimal expense projects with creative ways to save money and utilize donated services and product. As larger sponsors come on board, we are hoping to be able to cover growing salaries to keep the project constantly growing. Paid personnel will be eventually be required due to the ongoing nature of the project. In the meantime, The Executive Director, the Graphic Artists that create the monthly calendar and beautiful invitations, the Webmaster that keeps the calendar updated on the website, the Technical Assistance during screenings, the on-hand nightly Help, the daily handling of administrative duties...are all volunteer. Budget changes reflect the situation as it is as we open, but we hope to add funding from various sources to change that situation, " Exhibit 2.A: Project Budget I Revised Total Project Budget Name of organization: M/4M I ~EAtJl "FIlM. -I'()(!I-FIY / Project Title: /lr1/ 1/ M 1 JJEit ~ II (;1 NE M A 1# E (} JJ/::- Date(s) of Project: fJ&rI.J.efL 2Ptl3-S€PTeMfJed- 2&of. 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 in-kind S()tJ-() StPlJtJ I !JptJ(J cash Personnel - artistic <-3(JtJ(J Personnel - technical 3eeJ{J Personnel - administration 50Q(} Outside artistic fees/services 3t!tJfJ Outside other fees/services' 11)550 50t)) MarketinglPublicity It? tJtJ(} 1tJ(}/J Space rental 3& IJbO Travel ft50 Utilities 16t;tJ Equipment rental g~(!JCJ 5Cf!O Office supplies /100 Insurance/Security 31tJo Other Costs: (Itemize below) )/VVElV7Ptf: ~E~ ,:J 3"OdO flll/llTI 6 ~(IJCl;!SItJJ/!J 3300 fYjsm~F c2d-1JO E~tJJP. PIJJW}(/f.fE ~O SrJbO PES 16N 5fJ()O /Olf)5tJO SO "ao /~~ 5'f)(J (cash + in-kind) Total cash expenses Total in-kind expenses Total project expenses Page 7 of 8 REVENUES cash Admissions 2t0 ~6(} Contracted services ItJi ()tJ(j . in-kind Tuitions Corporate support 3&'/ t}tJO Foundation support $0/000 . Individual support l~otJ() Government grants I () /tltJO . Federal State /01Pt7tJ 5,Q<<J /f!"fJ Other Contributions (Itemize below) /tfeJQ.eJl/Ct/#C:iJflbJ!t !fJ,tJt} rerr,! CASH SOt} ~O tJII//iTlrIJrIm:l/tt!J} ::l..5I f!J()O I2{)VlP' O/J)r/t ria/; 1&, tJt)() Grant award 1-~d(} Total cash revenues / t1 500 Total in-kind revenues lJ , '(Jill) Total project revenues 1!>9 I !;;OO . (cash + in-kind) Exhibit 2-B: Project Budget I Revised Grant Award Budget Project Title: Name of organization: IW JI/IU ( &t:#fJ( Flt/l1 0>tJ! / E/7 ;11 / IJ I}/! ~tlJC II Dr AI{-/11,f7l([fJ rj F ve71JfJFJL 2tJtJ3 - S[F{ftJ1.~f1L 2JJ1' Date(s) of Project: Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant Expenses Personnel - artistic Personnel- Technical ~t) 'd-JOO 300 Personnel - administrative 5& () Space rental Travel (local only) Marketing/Publicity Outside artistic fees Outside other fees Other costs (Itemize below) -rfUJ1 ~1/fM-i S Soo TOTAL '1 tJ()tJ 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 seNices 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 Page 8 of 8 " .