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Entertainment Industry Incubatr MIAMI BEACH cuLturaL ArtJ cou"CIL ~~ This Grant Agreement is entered into this LI day of Nove.M bp.r , 2003, between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Entertainment Industry Incubator (Grantee). City of Miami Beach Cultural Arts Council 2003/2004 Cultural Arts Grant Agreement 0"."....> \ , Article II Grant Description 1. Grantee: Entertainment Industry Incubator Address 940 Lincoln Road Suite 205 City, State, Zip Miami Beach FL 33139 Phone, fax, E-mail (305) 672-9297 (305) 672-0177 sunschein@mindspring.com 2. Grant amount: $5500 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: 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 3 day of Print Name of Organization A~~ ~~tk- Robert Parcher, City Clerk S. at BY: ~Mie... ~\f\~-ton ~~:Of~F_'~ BY"" ~u:; ~~iY) Printed Name of Executive Director )--- otary Public (to rantee's Organization) ~ ~ L _4. . j - j Signature GRANTEE/ \:::t\ ~-,n-Q \ {\ ~'1 J..n l0J '1'1 #c..t...(E...r. , GV-- //- / 3 ... O~"""3 Date APPROVED MTO FORM & LANGUAGE & FOR EXECUTION (Corporate Seal) Ii"~(:\ CIthertne Casanova " ; My Commltalon 00133628 \.. "of EXpor8S Auguat 08, 200e '. 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: ArtCenter/South 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 Bondina: 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. 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 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. Publicitv 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 attorneys' 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 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. 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. DefaulVTermination 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 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 liable 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 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. Indulaence 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 any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Aa reement: 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 I Revised Project Description Organization: E.~\O.I"""C<'T\ I~ti/'j \(\w~orrrojecttitle: ihHo.ho.d+ir'r'I . A :5 hO{+"f1\fV~ CP n \t.: Completely describe Project approved by the Grants Panel and in a separate narr.ative 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. With several major successes behind it, the award-winning "Collaboration. . . A Short Film Contest" is celebrating its sixth year and has expanded its reach to seven cities statewide. The contest provides an opportunity for students, novice and experienced filmmakers to showcase their talents to the publiC as well as 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. "Collaboration..." is designed to put powerful industry executives in the same room as the indigenous community and continues to attract greater interest from the nation's film community while 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 Universal Studios Florida. Collaboration's newest category caters to students around the state, and though they are not competing for the $50,000 production package from Universal Studios, the three winning films will be shown to our top industry executives from around the country. The newest category was implemented after the enormous success with student entries in our fifth year: DASH took home first place prize in our novice category. In October, we launched our official registration process in seven cities around the state and had our orientation workshops. This session gave a detailed explanation of the rules and included a mini workshop and guest speakers. During that meeting, tearns were put together. The theme will be announced on November 7th. The "Collaboration..." contest itself will remain essentially the same as it has for the past five 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 20 are chosen. So that all who participate have a level playing field, there are two categories of participation: professional and novice. Those semi-final projects are entered into the finals which be held at the Flamingo Plaza on January 31, 2004. On the same afternoon, we are planning a seminar and panel discussion with our judges. During the evening event, the 20 semi-final projects are shown to our audience and our blue ribbon panel of industry decision makers. By evening's end, the top three winners in novice and experienced categories are announced. While the numbers are being tallied, we show the top three winners of the student category, which will be chosen in December. The contest was conceived as an annual high profile event. Its intention is to encourage participation from as many people 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 8 Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: E-rrte("ta\ n~+ Ind()~~ Incuba1o,....- Project Title: ro\la.bOra..-T\Ot'\... ~"":f7/"" ('n"ft:ST Date(s) of Project: JO~ - l!o t.{ I 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 do/lar. EXPENSES Personnel - artistic Other Costs: Yr"'nt\f\~./1raSTOfJe. ~r..(}lJ~5 ~~~~~ ~rD'r.n\ ~-"e~ C.re6,1t Co..cd-S Total cash expenses Total in-kind expenses Total project expenses cash in-kind Personnel- technical 5,000 Personnel- administration 3~ 1900 Outside artistic fees/services Outside other fees/services Marketing/Publicity Space rental Travel Utilities Equipment rental Office supplies InsurancelSecurity (Itemize below) ~500 3)600 .500 500 qlODO f"ooo ':l .500 Lfoo \ ~ -a5 ":160 ~ (cash + in-kind) Page 7 of 8 REVENUES Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State cash in-kind -IS)OOo '1~(){Jl) ~1~~ ~-,- . 5~(X) :>. q7f Other Contributions (Itemize below) Loco. \ J12,lI.v Grant award 5.500 I Total cash revenues -1\ ~ 65 1 , Total in-kind revenues ~-51 '7J 50 Total project revenues ~ (cash + in-kind) Exhibit 2-B: Project Budget I Revised Grant Award Budget . Name of organization: a., Project Title: (' n l \ Q bDra ti 0 f) Date(s) of Project: --10h ~ - I !ot./ / I Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. b~1o c .A :<) 'nh r:t -=Fi I"" C ontr:. s t Grant EXDenses Personnel - artistic Personnel- Technical Personnel - administrative 2,000 Space rental Travel (local only) Marketing/Publicity ~)ooo Outside artistic fees Outside other fees Other costs (itemize below) ~od \,500 TOTAL 6,500 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 jf 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