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Grant Agreement with OOLITE ARTS (2) 202` —3 aa - DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 MIAM BEACH CITY OF IMAIAMI BEACH&OOLITE ARTS "Climate Commissions" GRANT AGREEMENT This GRANT AGREEMENT("Agreement") is made and entered into this day of 2023 by and between the City of Miami Beach Florida (hereinafter the "City"), and South Florida Art Center, Inc. d/b/a Oolite Arts,a Florida not-for-profit corporation(hereinafter the"Grantee"). This Agreement is effective as of ,2023, the"Effective Date." ARTICLE I/ GRANT DESCRIPTION JUL 9 3 2023 1. GRANTEE: Oolite Arts GRANTEE CONTRACT ADMINISTRATOR: Hansel Porras Garcia ADDRESS: 924 Lincoln Road, Suite 205 CITY,STATE, ZIP: Miami Beach, FL 33139 PHONE: 305-776-0993 EMAIL: hporras@oolitearts.org 2. GRANT AMOUNT: $50,000.00(Fifty Thousand Dollars) 3. PROJECT DESCRIPTION: "Climate Commissions" 4. GRANT PROJECT BUDGET: See Exhibit 1 hereto 5. EXPENDITURE DEADLINE: 09/30/2023 6. PROJECT COMPLETION DATE: 01/20/2024 7. FINAL REPORT DEALINE: 04/08/2024 8. DOCUMENTS MUST BE RECEIVED BY: 09/30/2023 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: JUL 9 3 2023 By: L. Rafael E. Granado, City Clerk ling Hudak, City Man ger 1 'INCORPORATED' FOR GRANTEE: ` '� ' cH-------------- Federal ID# 51 "2 23 't°7- ATTEST: By: Ylxla Authorized ignature 'COO PCrrcl t Calernak nr ,--- piAm 1 5 0 10G I Print Name and Title Print Name and Title c6 O67/22/23. Date APPROVED AS TO FORM& LANGUAGE FOR EXECUTION t tAt qk 'RO)-- p i a z? �J7d.. "' iC1ty Attorney ._.. D to I 2 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 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 alrader rt,A_1 ws-of-the State-of Flcr daGi " -( " ty ) The-G --hers-- - - - - - delegated the responsibility of administering this Grant to the City Manager or his/her authorized designee, who shall be the City's Tourism and Culture Department Assistant Director. 2. PROJECT DESCRIPTION;The City has awarded the Grantee$50,000.00(Fifty Thousand dollars) from the City's Film Incentive Program, to fund the "Climate Commissions" Short Film Program (the "Program"), that will provide 3 Miami-Dade based filmmakers(the"Filmmaker(s)")with$15,000 to create a 10-to-12-minute film on the climate crisis(the"Film(s)").The Films will screen during the annual Aspen Ideas: Climate Event taking place in March 2024 in the City of Miami Beach. The remaining$5,000 in funding will be provided to Grantee to be used for marketing, and screening production costs. The Grant will be distributed and administered by the Miami Beach Film&Print Office as a one-time payment to Grantee. Prior to distribution of the Grant,Grantee shall submit(1) proof and purpose of expenses, and (2) proof of Miami Dade County residency from each of Filmmaker. Grantee hereby irrevocably grants to the City,the non-exclusive right and license throughout the universe, in perpetuity, and all ancillary and subsidiary rights therein and thereto, to use, edit, modify, include, incorporate,adapt,derive,record and reproduce the short films produced under the "Climate Commissions" Film Program- in any manner whatsoever, in or out of context, by any and all means and/or devices and in any and all media now or hereafter known, including without limitation,film,television,cable; motion picture, soundtrack recordings,videocassettes, video discs,computer and/or audiovisual devices, still photography and print publications,all in connection with the production,exhibition, distribution,exploitation, advertising, marketing, publicity and promotion of the Program.Grantee acknowledges that City will have no obligation to complete, distribute or exploit the Program or to make use of the short films or any of the rights granted to City herein. 3. GRANT PROJECT BUDGET; Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article l of this Agreement.Grantee agrees that should available City funding be reduced,the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2 ("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee. Any request by Grantee to modify the Project Budget shall be made in writing, using City approved forms, detailing and justifying the need for such changes.Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 4. ELEGIUE USES OF FUNDING;, The Grantee may only use the Grant for the purposes of funding three (3) $15,000 per filmmaker production budget and any marketing, promotional and screening production costs up to $5,000. Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant;debt reduction;social and/or fundraising events;cash prizes;lobbying or propaganda materials;charitable contributions;or non-secular programming and services not open to the public. 5. REPORTS; This Grant has been awarded with the understanding that the Project will enhance the City's ability to support and promote independent Miami-Dade based filmmakers, while providing a venue to showcase Miami Beach as a production-friendly film location. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Tourism and Culture Director with a written Final Report, which shall document the Grantee's satisfaction of all requirements. This report, along with the grant's application and supplemental requirements,must be received by the Tourism and 3 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 Culture Director by April 8, 2024. Furthermore, these reports may be disseminated by the City without the prior written consent of the Grantee. The Final Report must include an accounts payable spreadsheet sorted alphabetically by vendor, and copies of all cancelled checks, invoices, and receipts for each vendor included. Proof of Miami Dade residency must be provided for all filmmakers, including at least (2) proof of address documents. All receipts (or contracts/invoices)--andlnr cop.iac_-m£raeeipts_ .:be-labeled - - - ___ associated proofs of payment. Grantee shall submit all receipts, contracts, invoices in the order that they appear in Grantee's accounts payable spreadsheet. 8. AMO,1NT Of GRANTAN D PAYMENT SCHEDULE:The total amount of the Grant is specified in Article 1-2, and payment of any portion thereof shall be subject to and contingent upon Grantee's compliance with the terms and conditions set forth in this Agreement. In awarding this Grant, the City assumes no liability or obligation with respect to Grantee's programs, activities or events, and undertakes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount.Grant Funds will only be remitted to the Grantee once the City Manager has approved the Grant award, and once all parties have executed this Agreement,and provided that Grantee is otherwise in compliance with the terms and conditions herein. 7. NO GUARANTEE OF FUTURE FUNDING; The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of City to continue or provide funding beyond the terms specified in this Agreement, nor does it imply an endorsement, or sponsorship of, Grantee or Grantee's programs, activities or events. 8. ACPQUNTING AND FINANCIAL REVIEW: Any activities funded by this Grant must have taken place during the correlated Film & Print Permit's production, and within the time period approved by the Tourism and Culture Director for which the Grant is approved. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant Funds,in accordance with reasonable accounting standards, and shall retain such books and records for at least four(4)years after completion of the Project.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, must be directly related to Grant-funded activities taking place 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. At the request of the City, Grantee shall provide the City (and/or its designated representatives) reasonable access to its files, records and personnel during regular business hours for the purpose of making financial audits, evaluations or verifications, program evaluations, or other verifications concerning this Grant, as the City deems necessary. 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. 9. L,IASiLtTY AML)ID ►dlFl AT ION:The Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury,wrongful death, or loss of or damage to property. which the City or its officers, employees, agents.and contractors may incur as a result of claims, demands, suits,causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of 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 defend 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 Statutes, 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 4 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 which exceeds the sum of$200,000, 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$300,000 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 to any other party. Any purported assignment will be void and shall be treated as an event of default. 11. COMPLIANCE WITH LAWS/GOOD STANDING WITH THE_CITY;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. Grantee shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any City Code requirement applicable to Grantee or to the Grantee's operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s) that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City of Miami Beach. Grantee shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee agrees to comply with the terms and conditions of any lease, contract. or other grant agreement that Grantee may have separately entered into with the City of Miami Beach ("Other City Contracts"). Any failure by Grantee to comply with any provision of the City Code applicable to Grantee, or any breach or default by the Grantee of any covenant or other term or condition contained in any Other City Contracts(after the passage of any applicable notice and cure . provision set forth therein), shall, at the option of the City, be considered a Default(as such term is defined more fully below in Article II, Section 14 of this Agreement), in which event the City shall be entitled(but in no event required)to apply all rights and remedies available to the City under the terms of this Agreement by reason of a Grantee's breach or failure to comply with said obligations. 12. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by City at any time shall in any way affect, limit, modify or waive City's right thereafter to enforce or compel strict compliance with every term, covenant,condition or other provision hereof. 13. WRITTEN NOTICES: Any written notices required under this Agreement will be effective when delivered in person or upon 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: Lissette Garcia Arrogante, Tourism and Culture Director, City of Miami Beach Dept. of Tourism and Culture, 1755 Meridian Avenue, Suite 500, Miami Beach, Florida 33139- 1819. 14. CAPTIQAS_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. 15. 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 and signed by both parties.Any change to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 5 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 16. FLORIQA€5,113LtK RECORDS LAW; (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. — (6) - I rte Eesm "public recor:t e'shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor"as defined in Section 119.0701(1)(a),the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (C) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of the Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement;(2)avail itself of the remedies set forth under the Agreement;and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (D) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees,if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time;and 6 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 b. At least eight(8)business days before filing the action,the plaintiff provided written notice of the public records request,including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph(1)(b) if it is sent to the City's custodian — ——_ -____.--o Ci3►fracto addi ss fistea on—ti s conlfcacf-w Fi -- the City or to the Contractor's registered agent.Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. (3) A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement (E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: GOV PHONE: 305-673-7411 17. CiTY CONTRACT ADMINISTRATOR;All contract related questions, reports and requests for reimbursements to be submitted to the City Contract Administrator listed below. Shama Johnson Film and Print Production Liaison Tourism&Culture Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Tel:305-673-7577 ext. 26374 Email: ShamaJohnson@miamibeachfl.gov MICILIBLEMElleagg,L$21(0/65105 18. 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 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 Agreement 19. 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.),which prohibits 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 Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation,or political affiliation. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with 7 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 Disabilities Act of 1990 (ADA) to remove barriers that 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. Accordingly, the City_requires that Grant.recipients-provide___ _ _-- equa access and equal opportunity and services without discrimination on the basis of any disability. 20. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections investigations on all City contracts, throughout the duration of said contracts. This random audit is separate distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowere review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses monitor City projects and programs. Monitoring of an existing City project or program may include a re concerning whether the project is on time, within budget and in conformance with the contract documents applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect review operations, activities, performance and procurement process including but not limited to project design. specifications, (bid/proposal) submittals, activities of the Grantee , its officers, agents and employees, lobby City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corrupt Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual conl expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested reci and documents available to the Inspector General for inspection and copying.The Inspector General is empowi to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect review operations activities, performance and procurement process including but not limited to project design, specifications,(bid/proposal)submittals,activities of the Grantee, its officers,agents and employees,lobbyists, staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption D. The Inspector General shall have the right to inspect and copy all documents and records in Grantee's possession,custody or control which in the Inspector General's sole judgment,pertain to performanc the contract, including, but not limited to original estimate files, change order estimate files, worksheets, propo and agreements from and with successful subcontractors and suppliers, all project-related correspondei memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract docume back-change documents, all documents and records which involve cash, trade or volume discounts, insure proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records, materials, other evidence regarding the acquisition(bid preparation)and performance of this contract,for examination, al or reproduction, until three(3) years after final payment under this contract or for any longer period require( statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated,the Grantee shall make available records relatin the work terminated until three(3)years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of cis arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 8 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 F. The provisions in this section shall apply to the Grantee, its officers, agents, employ( subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section-shall--impair any independent --tethe 4e---conduet audit ---- investigative activities.The provisions of this section are neither intended nor shall they be construed to impose liability on the City by the Grantee or third parties. 21. E-VERIFY: A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-V4 Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on Januar 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all na hired employees during the Term of the Agreement. Additionally,Grantee shall expressly require that any apprc sub-contractor performing work or providing services pursuant to the Agreement to likewise utilize the I Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees h by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontrac the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ,cons with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duratio the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. i. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Flo Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall therei have or owe no further obligation or liability to Grantee. ii. if the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsec 20(A),but the Grantee otherwise complied with such subsection,the City will promptly notify the Grar and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's fai to terminate a subcontractor shall be an event of default under this Agreement,entitling City to terrn4l this Agreement for cause. A contract terminated under the foregoing Subparagraphs(B)(i)or(B)(ii)is not in breach of contract may not be considered as such. iii. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challe a termination under the foregoing Subparagraphs (B)(i) or(B)(ii) no later than 20 calendar days the date on which the contract was terminated. iv. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (8)(i), Grar may not be awarded a public contract for at least 1 year after the date of termination of this Agreem v. Grantee is liable for any additional costs incurred by the City as a result of the termination of Agreement under this Section 20. 22. NO DISCRIMINATION:The Grantee also accepts and agrees to comply with the following Special Conditions: A. Grantee hereby agrees that it will comply with Title VIi of the Civil Rights Act of 1964 (Put 88-352)(Title VII),as amended,as it appears in volume 42 of the United States Code, beginning at Section 20i prohibiting employment discrimination based on race, color, religion,sex and national origin. B. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights OrdinE as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discriminatio 9 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 employment (including independent contractors), housing and public accommodations, public services an- connection with its membership or policies on account of actual or perceived race, color, national origin, relic sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, he€ weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situatior —___-- -- political affiliation — ..________.. . _---_-___--____ C. The City endorses, and Grantee shall comply with, the clear mandate of the Americans Disabilities Act of 1990(ADA)to remove barriers,which prevents qualified individuals with disabilities from enjo. the same employment opportunities that are available to persons without disabilities. D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and el opportunity and services without discrimination on the basis of any disability. 23. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51°,%o or more of its board membership complete the City's training for board members, if all three of the following apply:1)the agency is a non-profit; 2)the agency has an annual operating budget of less than$5 million; and, 3) the grant award is for$25,000 or more in City funds.The Board Training must be completed within the last two years prior to the receipt of City funds. 24. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, 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 limited to, those outlined in this Agreement. 25. 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. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 26. NO WAIVER:No waiver of any breach or failure to enforce any of the terms,covenants,conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant,condition or other provision hereof. 27. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND SCREENING REQUIREMENT)In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable, employees,volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement, Level 2 Background screenings must be completed through the City of Miami Beach, Human Resour Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to Agreement, unless the City's Contract Administrator approves an alternative process. 28. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: "This Project is funded in whole or in part by a grant from the City of 1C DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 Miami Beach." Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. 29. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with,the laws-of the-State-0f Florida—hnih-suhstarative-and remedialTwithoet-regordto 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, CITY AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. Additional terms: a. The Grantee may only use the Grant for the purposes that are specifically described in eligible uses of funding. b. The City may monitor and conduct an evaluation of the Project funded by this Grant. c. The Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or inequity), claims, liabilities, losses, expenses, or damages, including, but not limited to, attorneys' fees and cost of defense, for personal, economic, or bodily injury,wrongful death, or loss of or damage to property,which the City or its officers, employees, agents, and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the activation 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 understand and agrees that 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 defend the City or its officers, employees, agents, and contractors as herein provided. d. The Grantee shall not be permitted to assign this Grant to any other party.Any purported assignment will be void,and shall be treated as an event of default. e.The Grantee agrees to abide by and be governed by all applicable Federal, State, County, and City laws. 11 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 EXHIBIT 1:GRANT AWARD BUDGET CLIMATE COMMISSIONS CITY OF MIAMI BEACH BUDGET COVERED BY ARTISTS FEES . $45,000�_..._.._____�_...__--------- ------ --- ---- ------ -- City of Miami Bea Joshua Jean-Baptiste $15,000 City of Miami Bear LeAnne Russel $15,000 City of Miami Bea Jayme Gershen $15,000 City of Miami Bea -- City of Miami Bea MARKETING 35,000+,.. � .. City of Miami Bea General Marketing $5,000 City of Miami Bea City of Miami Bea TOTAL S50,000.00 City of Miami Bea DOUTE ARTS BUDGET COVERED.BY FESTIVAL APPLICATIONS $2,100 Oolite- Ar Joshua Jean-Baptiste $700 Oolite At LeAnne Russel $700 Oolite At Jayme Gershen $700 Oolite Ar STAFF SALARIES Cinematic Arts Manage; 10% Hansel Pores $6,000 Oolite At VP of Programming 5% Esther Park $8,000 Oolite Ar Communications Team 10% $12,000 Oolite Ar External Communications Consulting $12,000 OoliteAr `OTHER EXPENSES Website $3,000 Oolite Al Topos Graphics $5,000 Oolite Ar TOTAL $48,100.00 Oolite At • DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 EXHIBIT 2: INVOICE ArtCeulr!South Florida Invoice 924 Lincoln.Road Suite»203 Date irnroice# Miaauai Beach.Fi 33139 3.31 20?3 3202 Bill To City ofMiami Baach :?OO Coav avoa C'ente Dr. !Barra Beach, T.33139 P.©.No. Ten-ns Pr l Quantity Description flat A.moajnt Climate Cotortistion rlo-•icla Sale;Tan. �O7A0?aaO 50.:��J.flO 0.00 Total r J-k?.00 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 RESOLUTION NO. 2021-31704 A RESOLUTION OF THE MAYOR.AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PRODUCTION INDUSTRY COUNCIL,AT ITS MARCH 11,2021 MEETING,AND APPROVING THE PROPOSED AMENDED MIAMI BEACH FILM INCENTIVE PROGRAM GUIDELINES TO MAXIMIZE THE PROGRAM'S IMPACT, DIVERSIFY QUALIFYING PRODUCTIONS, INCREASE BENEFITS TO THE LOCAL WORKFORCE, EXPAND INDUSTRY RELATED OPPORTUNITIES, PROVIDE COVID-19 SUPPORT, AND FOSTER THE DEVELOPMENT OF HOMEGROWN TALENT. WHEREAS, in response to the Florida Legislature's decision to cease the State of Florida Film and Entertainment Incentive Program, the Administration provided the City Commission with a status of the Miami Beach film and print industry and methods to support the viability of the industry; and WHEREAS,the Administration coordinated meetings with production industry figures, the City's Production Industry Council (PIC) and reviewed processes and local incentive options provided by other communities to evaluate the City's internal mechanisms; and WHEREAS, on February 14, 2019, PIC met and recommended revisions to the Miami Beach Film Incentive Program Guidelines ("Guidelines") to make the Guidelines less restrictive so that more productions could take advantage of the Miami Beach Film Incentive Program ("Program"), including removing the requirement that a percentage of the crew members be Florida residents;removing required deliverables,such as marketing materials,behind the scenes clips and b-roll, contact sheets and payroll details;and removing the requirement that productions have a "Thank you to the City of Miami Beach" line in their end credits as applicable; and WHEREAS, in 2019, after extensive review by the industry, as well as coordination with the Miami-Dade County Office of Film and Entertainment, the Mayor and City Commission adopted the following changes to the Guidelines, making them less restrictive for productions to take advantage of the Program, including the following modifications: • eliminate the signed consent requirement for reservation of metered parking, requiring merely notification with all details; • reduce signed consent for road or lane closures to 75% of directly affected properties, instead of the current 100%; • reduce the residential signature consent area to 200' from the production site, where it currently requires 500'; • reduce permitted production crew parking to $10 per vehicle (a 50% reduction from the usual $20 per vehicle) in all municipal lots and garages, where/when capacity permits. • extend the number of free vehicle access passes to productions which demonstrate Miami Beach room nights, to a scale of 5 passes for 50 room nights; 10 passes for 100 room nights; and 20 passes for 200 room nights; • reinstate the PCRV pass for motorhome parking allowance in metered spaces and taxi/ride share spaces; DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • implement a cash incentive grant of$10,000 per project, and an ordinance, streamlining the film and photography guidelines, to encourage and facilitate even more film and print production in Miami Beach; and WHEREAS, on March 11, 2021, the Tourism and Culture Department presented to PIC the following proposed changes to the Guidelines, as more particularly described and highlighted in Exhibit"1"to this Resolution: • expanding grant eligibility to industry related projects that would result in meaningful impact to the Miami Beach community; • opening criteria beyond the number of hotel rooms booked by cast/crew to allow for 70% of the cast/crew to be Miami-Dade County residents (excluding extras and background talent); • Requiring the "Made in Miami Beach" logo credit inclusion as requirement on all qualifying projects; and • Including COVID-19 safety and sanitation purchases as qualifying expenditures; and WHEREAS, PIC unanimously supported the changes to the Program presented by the Tourism and Culture'Department; and WHEREAS, the Administration recommends that the Mayor and City Commission accept the recommendation of PIC and approve the proposed amended Guidelines, a copy of which are incorporated herein by reference and attached hereto as Exhibit "1", in order to maximize the reach of the Program by increasing the amount of productions and industry related activations that can qualify; providing COVD-19 support to qualifying productions; adding a local-hire quota (in line with the County's incentive program) to incentivize local production;and providing funding to encourage the development of homegrown talent. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Production Industry Council, at its March 11, 2021 meeting, and approve the proposed amended Miami Beach Film Incentive Program Guidelines to maximize the Program's impact, diversify qualifying productions, increase benefits to the local workforce, expand industry related opportunities, provide COVID-19 support, and foster the development of homegrown talent. PASSED and ADOPTED this /1 day of may , 2021. ATTEST: Dan Gelber, Mayor APPROVED AS TO R ael E. Granado, City Clerk -�0.M ti`s c,, FORM & LANGUAGE & FOR EXECUTION '.If;CORPtiOR;,iED.' 7 QCi • City Attorney ( n Date DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • MIAMI BEACH FILM INCENTIVES GUIDELINES GENERAL DETAILS OF THE PROGRAM:Revised 2021 ' 1. Grants will be paid'as follows: a. Upon the grant being awarded,50%of the grant will be paid after approval of the submitted budget. b. The remaining 50%of the grant will be paid after applicants submit an approved final report with all associated documentation and financial statements. 2. Each year,the City of Miami Beach will distribute up to nine(9)grants in the amount of$10,000 each;and allocate the remaining$10,000 in the incentive fund to be distributed in support of local talent. • 3. Grants may also.be used for other Film&Print industry related projects as recommend by the Miami Beach Production Industry Council or City Manager,that will result in a meaningful impact to the Miami Beach :community. 4. All financial incentives are subject to funding availability. II. ELIGIBILITY To be eligible to receive a Miami Beach film incentive grant,an applicant must meet and provide the following requirements: 1. Must have a minimum spend of$25,000 in qualifying expenditures within the City of Miami Beach. 2. A minimum of three(3)full production days must occur within the City of Miami Beach. 3. The project's primary hotel accommodations must be within the City of Miami Beach.This can be accomplished by providing proof of Miami Beach hotel accommodations for no less than 50%of the.__ jproject's cast and crew during:a number equal to or greater to the amount of Miami Beach shooting.days, for by allocating no.less than 50%of the qualifying expenses to a Miami Beach-hotel.. • or . . ;No less than 70%of the cast/crew must be Miami-Dade County reside nts_.Cast and Crew qualifying for the 170%minimum local hire quota excludes extras/background talent. _ ' 4. The City of Miami Beach may use the name,logo and/or movie poster in all City of Miami Beach marketing and PR efforts. 5. Promote the City of Miami Beach by including(as applicable): a. Thank the City.of Miami Beach in the production end credits and include the"Made in Miami. Beach"logo.Qualifying project genres that do not feature the use of credits,may propose .alternatives for consideration.' b. •List'Mianii Beach as a location in the production's page of the Internet Movie Database(IMDb) c. The City of Miami Beach welcomes any requests to cross promote projects in the City of Miami Beach's social media platforms and marketing campaigns; including promoting movie openings, movie posters,still photographs and trailers or any other positive content. 6. If awarded,the film incentive may only be used to produce these eligible projects: a. EliRible Projects:. • Feature Films • Short Films • Documentaries • TV Pilots/TV Series/TV Miniseries • TV Shows(scripted) • Commercials • 1 EXHIBIT"1" DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • TV Movies • Music Videos • Web Series • (Competition/Game Shows) b. Ineligible Projects: • News or Current Events Programming • Talk Shows • Sports or Sports Programming • Gala Presentations or Awards Shows • Infomercials/Promotional Content • Political Ads/Material • Obscene/Inflammatory Material • • Reality Shows Ill. APPLICATION.SUBMISSION GUIDELINES Miami Beach film incentive grant applications will be reviewed by the Miami Beach Production Industry Council (PIC) at the meeting following the submission of a completed application. To apply fo,r the Miami Beach Film Incentive,productions must complete the online application,and submit with the following items no earlier than 120 days prior to the first day of principal photography and no later than the 1s`day of principal photography.Only complete applications with all relevant attachments will be reviewed by PIC. Each application must include the following: 1. Project description including synopsis of plot. 2. Itemized project budget to include: a. Local Spend:all planned expenditures in Miami Beach,including but not limited to location rentals,hotel accommodations,residential film use,and City services such as Police,Fire,and Parking. This budget must be no less than$25,000. 3. Proposed Miami Beach locations and production schedule, with proposed number of days in Miami Beach.The total number of production days in Miami Beach must be no less than three (3)full days.Resumes for key artistic and production personnel as available. 4. (Confirmation of.either projected number of.roorn nights or projected breakdown of local hires to'determine) (qualification status) • 5. Confirmed production start date(inclusive of pre-production &load in)and estimated date of project completion (inclusive of load out and post-production). 6. Production office contact information. IV. QUALIFYING MIAMI BEACH EXPENDITURES Qualifying expenditures to be included in the itemized budget as above include: • Lodging/Accommodations • Building Rentals • • Food/Restaurant expenses • • Equipment Rental/Purchase • Material Rental/Purchase 2 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • Locations and Studio Rentals • Transportation • Contracted Services • Vehicle Rentals • • Goods and Services • COVID-19 Safety and Sanitation Purchases) *This category may be exempt from Miami Beach vendor requirement if Production certifies that they made best efforts to purchase from a Miami-Dade County vendor.If this exception is utilized,the total expenditure may not)) exceed 20%of the qualifying amount requirement.) V. PRODUCTION The City of Miami Beach may periodically review production activity including, but not limited to, in-city spending, shooting locations and number of Miami Beach, Miami Dade County,and Florida residents hired.The City of Miami Beach may request documentation for all the above. In addition, the production must provide the office with a production point-of-contact for any media requests. VI. FINAL DELIVERABLES An approved award will only be paid at completion of the project and subject to the applicant's compliance with the terms of the agreement.The project must submit a final report,with deliverables,to the Miami Beach Film and Print Office within 60 days of the project's completion. • An accounts payable spreadsheet,sorted alphabetically by vendor,denoting in-city and in-county transactions, along with copies ofall checks,invoices and receipts for each vendor included. • Copies of both the complete crew list and cast list that includes both Florida resident and non-resident employees. • Either • FinalLor Hotel Folio accounting for projected room nights) @ Spreadsheet of principal cast&crew,showing minimum of 70%Miami-Dade County Residents,and(2)) forms of ID for each resident to establish residency.) • Final contact sheet for the production.Key phone numbers/contact info can be redacted. • Evidence that the project has achieved the agreed production days in Miami Beach with a copy of the shooting schedule. • A copy of the production's poster and any marketing materials(rack cards,fliers,etc.),ifapplicable. • Proof that Miami Beach is listed as a location on the production's page of the Internet Movie Database(IMDb). • (Proof of"Made in Miami Beach"logo inclusion in project's end credits) • A signed and written confirmation that all the requirements have been met and that the project is complete. VII. REIMBURSEMENT . Following the project's submission of all previously mentioned deliverables,the Miami Beach Film and Print Office will review all documentation and ensure the submitted materials match all guidelines and regulations.Once the project has been verified,reimbursement will be provided within 90 days of the submission date. • 3 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 Resolutions-C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 12, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PRODUCTION INDUSTRY COUNCIL AT ITS MARCH 11, 2021 MEETING TO REVISE THE CURRENT FILM INCENTIVE GUIDELINES TO MAXIMIZE THE PROGRAM'S IMPACT, DIVERSIFY QUALIFYING PRODUCTIONS, INCREASE BENEFITS TO THE LOCAL WORKFORCE, EXPAND INDUSTRY RELATED OPPORTUNITIES, PROVIDE COVID-19 SUPPORT, AND FOSTER THE DEVELOPMENT OF HOMEGROWN TALENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the proposed changes to the City of Miami Beach Film Incentives Guidelines,as recommended by the Production Industry Council(PIC),to maximize the program's impact by diversifying qualified productions and industry-related non-production activities,increasing benefits to the local workforce, providing COVI D-19 support, and fostering the development of local talent. BACKGROUND/HISTORY In response to the Florida Legislature's decision to eliminate funding from the State of Florida's Film&Entertainment Incentive Program,the Administration provided the Miami Beach City Commission with an overview on the status of the Film&Print Industry,and ways to continue the viability of these industries in Miami Beach. The Administration coordinated meetings with production industry figures,the City's Production Industry Council and reviewed processes and local incentive options provided by other communities to evaluate the City's internal mechanisms. In 2019, after extensive review by the industry as well as coordination with the Miami-Dade County Office of Film and Entertainment,the Mayor and Commission adopted changes to the film incentive guidelines making them less restrictive for productions to utilize the film incentive program. The changes included: -Eliminate the signed consent requirement for reservation of metered parking,requiring merely notification with all details. Page 215 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • •Reduce signed consent for road or lane closures to 75%of directly affected properties instead of the current 100%. • Reduce the residential signature consent area to 200'from the production use,where it currently requires 500'. -Reduce permitted production crew parking to$10 per vehicle(a 50% reduction from the usual$20 per vehicle)in all municipal lots and garages,where/when capacity permits. -Extending the number of free vehicle access passes to productions that demonstrate Miami Beach room nights to a scale of 5 passes for 50 room nights; 10 passes for 100 room nights;and 20 passes for 200 room nights. -Reinstate the PCRV pass for motorhome parking allowance in metered spaces and taxi/rideshare spaces. -Implementation of a cash incentive of$10,000 and an ordinance streamlining the film and photography guidelines—to encourage and facilitate even more film and print production in Miami Beach. On March 11,2021,after assessing the Miami Beach Film Incentive Grant's performance and film industry challenges,including hardships due to the COVI D-19 Pandemic,the Tourism and Culture Department presented proposed revisions to the Miami Beach Film Incentive Guidelines to the Production Industry Council, PI C approved the changes unanimously. The recommended changes include: -Expanding grant eligibility to industry related projects that would result in meaningful impact to the Miami Beach community. -Opening criteria beyond the number of hotel rooms booked by cast/crew to allow for 70% of the cast/crew to be Miami-Dade County residents(this does not include extras and background talent). -Requiring the"Made in Miami Beach" logo on all qualifying projects. -Adding Competition and Game Shows to the list of eligible projects. -Including COVID 19 safety and sanitation purchases as qualifying expenditures. ANALYSIS To support proposed revisions to the Miami Beach Film Incentive that maximize the impact and expand opportunities for industry activations,diversify the scope of qualifying productions,and bolster local industry and workforce by incentivizing Miami-Dade County resident hires,as well as provide relief for COVI D-19 Safety and Sanitation costs;and to support the creation and funding of programs, in FY 21-22,that encourage and benefit local independent filmmakers and foster partnerships with film organizations and other non-profit film and production institutions Page 216 of 859 DocuSign Envelope ID:4494FFE8-05D8-4BBC-A787-AA68D7389307 supporting and utilizing Miami Beach talent. SUPPORTING SURVEY DATA NA CONCLUSION The Administration recommends that the Mayor and City Commission accept the recommendation by the PI C to adopt the proposed changes to the City of Miami Beach Film Incentive Guidelines. KEY INTENDED OUTCOMES SUPPORTED Provide increased support to local productions, maximize the impact of the program's allocated funds,and foster partnership opportunities by incentivizing non-production-related industry activations(film programs)while providing support to the local workforce,emerging talent,and COVI D-19 Pandemic support which so strongly impacted the production industry. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item.pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. • Legislative Tracking Tourism and Culture Sponsor Commissioner David Richardson and Co-sponsored by Vice-Mayor Michael Gongora ATTACHMENTS: Description ❑ Proposed Film Incentive Presentation ❑ LTC-PIC Motion ❑ Miami Beach Film Incentive-Current ❑ Miami Beach Film Incentive-Proposed New Page 217 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 .�. :'`.;,,,a,A ...A- e. '.,,. e. ., . "" e .r Y ti� i ,. t A t , g,,,N �. ,n.e ,i%q".t a Ar. !� ;-e,F:N/ t-�__ � '5.�. `7. ..i �' . ,°c'"n.. . , ,:..r n. JI'° . l� .. ._ t 1i h kr:9 rs iV...' }\a tbvt a<< ll•�1•..2q =.T f } i'.i-':f r:t'¢ S1•':5.+ F ° ? '. ' t', ....„,-,•,,,,..,,:„.• ....4,_,.6..A.,,,I.„. L: • ... ,. . Y :.: R P • M I A M I B EAC HL 4 4 *, FILM INCENTIVE sue° ` €'' k u Vt ..- ya G'ti • 1,#,y = air 'j,,y, : OFF qT� .. •i e. :te IV .fir: :....._.' t. 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'��> ki^f li a r�. - '`t .�I 4c ` r� �s rr 4,. ..; N e h ti' �C`w �a w , _d i �t a' ka 4E i r Fk �m 1t a` n n ,.e p i• ..r �"d3",,k Its i$ a '... -?,"" ` :. atY ; to t '1A Y Sr -, a. .' q ; Y 4, r• R, e N »''}C a�t i fi .f ;4� >4 _ r I t k F� k m? �°� �i S rR y� 4 9 (? k s C} C r R •' tWl 0 1 I�;��?0�. ��f c '{ f:..• 9.�i� '1!I • 1y'l l �'i � `$ u * '� �` „il '' `.r."',; _ , � n s 3 Y i._ z ?<t: � [!:,k i .r.:; x ',. f !r<' S. f '•''.Fw �A T,i, »g sa, DocuSign Envelope ID 4494FFE8-05D8-4B8C-A787-AA68D7389307 pl:i`7. '`tau ,^. 7 ',17' ,.c ,.r .:'Fa;' "' `^'S - a >--. ,S • FY 21 -22 SUB- PROGRAM GRANTS f LI ithr. ib"14 et't'n'" '1i.s$' Mitk,o.:Eril is .. n.rij ,!?idG�ii4�S'.R�'..L' !:'a":4S 15�#Yr_lt•ia,"Z"loie�.31NV4-ai t.i«ir sAr, . 2.9 ' ' +� tea ` '!C- -" _ A /� hi.• •_.. 4:44.. 1, vY '.fi ` Y.+"rwe S� � rll -!! `' �, -,. F iI. E'• IP y^1 .. :PaY * Fr. . 'fit r stir. .° '� •t�. _ �I g. ., .,. .„.,. ., .,,,.?„,,,,.... 4'-- '1, t' ra$+Ciui t A w. .`41RP=_�.s` ik r�'IBamtior�t7k` :" '''�!'.Tcx^e w.,.,., r I. FINISHING FUNDS RESEARCH & OTHER DEVELOPMENT 1 . r;1 a Et; ~. r, - z 'r. .;.M . . ,..._.e. s: , A' . , r.i c^'• l i .',?',3 , ...,:c ...w.. :• ''.-'. .4.s.., . _ . .. iu 7. .. ..v re" i_ „,;6 DocuSign Envelope ID 4494FFE8-0508-4B8C-A787-AA68D7389307 a.-.'. '.. t r i u ax L ...'1' ' w 3 x r T a 3 tl yut 1x '• h , r{ ; }� - ' 4%. ,- , . ,, r t y[ 41 1 h•Iy>�z y.-- J^- 1n sii �4d1 f h � r ti .< � y ' i ,• o if ��g �." � `4 ` 4-P*7 fc �, � � Z V� F .a 1 r � 4 3tS i ci { 7 P r V .r ti . r i. ! -' ,: ' kI- IV..3SRA•t y /a P -_ ,r : '• rn-: t fi � t 7 . yt 9r 1 Y ,.„ ,. $ s � d'ti, s` 3 l r �ta .N 4 sit r§ ,.� `F 'k '.: als -r .'",y• t , • . � a,. i i 'ir- Yi iG� A ti `, st f<?t y 1 tT e,-,e� xafiat a, k: n. h e t ,•,- - ; .n: ��`' t:.., � ., Y A !?it„ 7J�. op z., Next Steps : ; ` 01 - PIC APPROVAL01* °� �` - COMMISSION APPROVAL `� 3 ,H ry Ali - MARKETING PLAN FOR FY 20-21 PROGRAMS a % `' f ,, - OBTAIN FEEDBACK ON FY 21-22 SUB-PROGRAMS 4- #+ - FINALIZE REQUIREMENTS & PROCEDURES FOR FY 27-22 y = fi ,_ �' eVilk N1� .,�' �. �. it.,...r,,iiiiciAsi..;.c.; 11 r.ico. to re !4 rS.1,.. ({� N t'��'§�' f., yy •fls7 a.�:y i,., rz,�,u� 't Y y 3 i. 1 `. y gip: y.� M1P. ....y�D -r y it a�,t'�i:: " ° ;4 ��'al;I � r �.,ct, }. A � t ���y 'i�.-A '7 1 �Tsf>: S.A :I fit+$;. it.% r;Z.�;, n,ts"-'„fi �'* etaP,-4' 44 � ' .' a fs c 1 .-, <7yt �M. f 'r.;I'1 it l i 7F L , ';:,. ?._ i" '.k Yr `� j}+YX, +}y'.�1 ,} Y ��qg�t `r ye - `;1 sc,f� ��<14�' �• k�I ). � } >\ i ; E" y> , 'i 3 M r sue+ ,3 .'K of `Pa' 'Y ,'3`"z'4 ''^ 6 � -' 33t'f t2'c � 4. 3t., x ;:: a it� j a• "e 4si, a° •:i4it P c .'' "'"' b .,v < i ti -3- '1 t ?a`+ t 1 �,.!{ t t 'r, f '°"a x fi �t � i kil l ;!` ..xk s 7qt +'+J,� is i 1,:,t' y, ,�.. �. - w .y i 'Fu ,.3 i. t rr .r_ '' a_r r P'a'd .1. . a.. :kt _$:.n r. fs.: _ -rx� � ��'.,. ,... -..,, DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 M.IAM(BEACH OFFICE OF THE CITY MANAGER NO.LTC# LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Raul J.Aguila, City Manager DATE: 3/16/2021 SUBJECT: Production Industry Council Motion • The purpose of this Letter to the Commission ("LTC") is to inform the Commission of a motion passed by the Miami Beach Production Industry Council (`PIC") during their Thursday, March 11, 2021 meeting. Members present: Mr. Joanna Rose-Kravitz, Chair Mr.Aleksander Stojanovich,Vice Chair Ms. Nicole Allison Ms. Susan Askew Ms. Barbara Goicoeachea • Ms. Christina LaBuzetta, Motion:To support proposed revisions to the Miami Beach Film Incentive that maximize the impact and expand opportunities for industry activations, diversify the scope of qualifying productions, and bolster local industry and workforce by incentivizing Miami-Dade County resident hires, as well as provide relief for COVED-19 Safety and Sanitation costs; and to support the creation and funding of programs,in FY 21-22,that encourage and benefit local independent filmmakers and foster partnerships with film festivals and other non-profit film and production institutions supporting and utilizing Miami Beach talent. Motion moved by:Susan Askew Seconded by:Joanna Rose-Kravitz(Chair) Motion Adopted: 6-0 • RJA/MM/LGA/HSNH CC:. Marcia Monserrat, Chief of Staff to City Manager Lissette Garcia Arrogante, Director,Tourism and Culture Veronica Hennig, Film and Production Liaison, Tourism and Culture Page 223 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • MIAMI BEACH FILM INCENTIVES GUIDELINES GENERAL DETAILS OF THE PROGRAM:YEAR 1 I FY18 1. Grants will be paid as follows: a. Upon the grant being awarded,50%of the grant will be paid after submission of the approved budget. b. The remaining 50%of the grant will be paid after applicants submit an approved final report with all associated documentation and financial statements. 2. Each year,the City will distribute nine (9)grants in the amount of$10,000 each;and allocate the remaining $10,000 in the incentive fund to be distributed in support of local talent. 3. All financial incentives are subject to funding availability. • II. ELIGIBILITY In order to be eligible to receive a Miami Beach film incentive grant,an applicant must meet and provide the following requirements: a. Must have a minimum spend of$25,000 in the City of Miami Beach. b. A minimum of three(3)full production days must occur within the City of Miami Beach. c. The project's primary hotel accommodations must be within the City of Miami Beach. d. Production must provide the City of Miami Beach permission to use the name,logo and/or movie poster in all City of Miami Beach marketing and PR efforts. e. Promote the City of Miami Beach by including(as applicable): a. Thank the City of Miami Beach in the production end credits. b. List Miami Beach as a location in the production's page of the Internet Movie Database(IMDb) c. The City of Miami Beach welcomes any requests to cross promote projects in the City's social media platforms and marketing campaigns;including promoting movie openings,movie posters, still photographs and trailers or any other positive content. d. If awarded,the film incentive may be used for the production of these eligible projects: Eligible Projects: • Feature Films • Short Films • Documentaries • TV Pilots/TV Series/TV Miniseries • TV Shows(scripted) • Commercials • TV Movies • Music Videos • Web Series Ineligible Projects: • News or Current Events Programming • Talk Shows • Sports or Sports Programming • Gala Presentations or Awards Shows • Infomericals/Promotional Content 1 Page 224 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • Political Ads/Material • Obscene/Inflammatory Material • Reality Shows III. APPLICATION SUBMISSION GUIDELINES Miami Beach film incentive grant applications will be reviewed by the Production Industry Council(PIC)on a quarterly basis. To apply for the Miami Beach Film Incentive,productions must complete the online application,and submit with the following items no earlier than 120 days prior to the first day of principal photography and no later than the 15t day of principal photography. Only complete applications with all relevant attachments will be reviewed by the PIC. Each application must include the following: 1. Project description including synopsis of plot. 2. Itemized project budget to include: a. Local Spend:all planned expenditures in Miami Beach,including but not limited to location rentals,hotel accommodations,residential film use,and City services such as Police,Fire,and Parking. This budget must be no less than$25,000. 3. Proposed Miami Beach locations and production schedule, with proposed number of days in Miami Beach.The total number of production days in Miami Beach must be no less than three (3)full days.Resumes for key artistic and production personnel as available. 4. Confirmed production start date and estimated date of project completion.' 5. Production office contact information. IV. QUALIFYING MIAMI BEACH EXPENDITURES Qualifying expenditures to be included in the itemized budget as above include: • Lodging/Accommodations • Building Rentals • • Food/Restaurant expenses • Equipment Rental/Purchase • Material Rental/Purchase • Locations and Studio Rentals • Transportation • • Contracted Services • Vehicle Rentals • Good and Services V. PRODUCTION The City of Miami Beach Film and Print Office may periodically review production activity including,but not limited to, in-city spending,shooting locations and number of Miami Beach and Florida residents hired.The office may request documentation for all of the above. In addition,the production must provide the office with a production point-of- contact for any media requests. VI. FINAL DELIVERABLES An approved award will only be paid at completion of the project and subject to the applicant's compliance with the terms of the agreement.The project must submit the following deliverables in an orderly report to the Miami Beach Film and Print Office within 60 days of the project's completion. • An accounts payable spreadsheet,sorted alphabetically by vendor,in-city transactions denoted,and copies of all 2 Page 225 of 859 • DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • checks,invoices and receipts for each vendor included. • Copies of both the complete crew list and cast list that includes both Florida resident and non-resident employees. • Final contact sheet for the production.Key phone numbers/contact info can be redacted. • Evidence that the project has achieved the agreed production days in Miami Beach with a copy of the shooting schedule. • A copy of the production's poster and any marketing materials{rack cards,fliers,etc.),if applicable. • Miami Beach is listed as a location on the production's page of the Internet Movie Database(IMDb). • A signed and written confirmation that all of the requirements have been met and that the project is complete. VII. REIMBURSEMENT Following the project's submission of all previously mentioned deliverables,the Miami Beach Film and Print Office will review all documentation and ensue the submitted materials match all guidelines and regulations. Once the project has been verified,reimbursement will be provided within 90 days of the submission date. • Page.226 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 MIAMI BEACH FILM INCENTIVES GUIDELINES • GENERAL DETAILS OF THE PROGRAM:Revised 2021 1. Grants will be paid as follows: a. Upon the grant being awarded,50%of the grant will be paid after approval of the submitted budget. b. The remaining 50%of the grant will be paid after applicants submit an approved final report with all associated documentation and financial statements. 2. Each year,the City of Miami Beach will distribute up to nine(9)grants in the amount of$10,000 each;and allocate the remaining$10,000 in the incentive fund to be distributed in support of local talent. 3. Grants may also be used for other Film&Print industry related projects as recommend by the Miami Beach Production Industry Council or City Manager,that will result in a meaningful impact to the Miami Beach community. 4. All financial incentives are subject to funding availability. II. ELIGIBILITY To be eligible to receive a Miami Beach film incentive grant,an applicant must meet and provide the following requirements: 1. Must have a minimum spend of$25,000 in qualifying expenditures within the City of Miami Beach. 2. A minimum of three(3)full production days must occur within the City of Miami Beach. 3. The project's primary hotel accommodations must be within the City of Miami Beach.This can be accomplished by providing proof of Miami Beach hotel accommodations for no less than 50%of the project's cast and crew during a number equal to or greater to the amount of Miami Beach shooting days, or by allocating no less than 50%of the qualifying expenses to a Miami Beach hotel. or No less than 70%of the cast/crew must be Miami-Dade County residents.Cast and Crew qualifying for the 70%minimum local hire quota excludes extras/background talent. 4. The City of Miami Beach may use the name,logo and/or movie poster in all City of Miami Beach marketing and PR efforts. 5. Promote the City of Miami Beach by including(as applicable): a. Thank the City of Miami Beach in the production end credits and include the"Made in Miami Beach"logo.Qualifying project genres that do not feature the use of credits,may propose alternatives for consideration. b. List Miami Beach as a location in the production's page of the Internet Movie Database(iMDb) c. The City of Miami Beach welcomes any requests to cross promote projects in the City of Miami Beach's social media platforms and marketing campaigns; including promoting movie openings, movie posters,still photographs and trailers or any other positive content. 6. If awarded,the film incentive may only be used to produce these eligible projects: • a. Eligible Protects: • Feature Films • Short Films • Documentaries • TV Pilots/TV Series/TV Miniseries • TV Shows(scripted) • Commercials 1 Page 227 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • TV Movies • Music Videos • Web Series • Competition/Game Shows b. Ineligible Projects: • News or Current Events Programming • Talk Shows • Sports or Sports Programming • Gala Presentations or Awards Shows • Infomercials/Promotional Content • Political Ads/Material • Obscene/Inflammatory Material • Reality Shows III. APPLICATION SUBMISSION GUIDELINES Miami Beach film incentive grant applications will be reviewed by the Miami Beach Production Industry Council(PIC) at the meeting following the submission of a completed application. To apply for the Miami Beach Film Incentive, productions must complete the online application,and submit with the following items no earlier than 120 days prior to the first day of principal photography and no later than the 15t day of principal photography.Only complete applications with all relevant attachments will be reviewed by PIC. Each application must include the following: 1. Project description including synopsis of plot. 2. Itemized project budget to include: a. Local Spend:all planned expenditures in Miami Beach,including but not limited to location rentals,hotel accommodations,residential film use,and City services such as Police,Fire,and Parking. This budget must be no less than$25,000. 3. Proposed Miami Beach locations and production schedule, with proposed number of days in Miami Beach.The total number of production days in Miami Beach must be no less than three (3)full days. Resumes for key artistic and production personnel as available. 4. Confirmation of either projected number of room nights or projected breakdown of local hires to determine qualification status 5. Confirmed production start date(inclusive of pre-production&load in)and estimated date of project completion (inclusive of load out and post-production). 6. Production office contact information. IV. QUALIFYING MIAMI BEACH EXPENDITURES Qualifying expenditures to be included in the itemized budget as above include: • Lodging/Accommodations • Building Rentals • Food/Restaurant expenses • Equipment Rental/Purchase • Material Rental/Purchase 2 Page 228 of 859 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 • Locations and Studio Rentals • Transportation • Contracted Services • Vehicle Rentals • Goods and Services • COVID-19 Safety and Sanitation Purchases *This category may be exempt from Miami Beach vendor requirement if Production certifies that they made best efforts to purchase from a Miami-Dade County vendor. If this exception is utilized,the total expenditure may not exceed 20%of the qualifying amount requirement. V. PRODUCTION The City of Miami Beach may periodically review production activity including, but not limited to, in-city spending, shooting locations and number of Miami Beach, Miami Dade County,and Florida residents hired.The City of Miami Beach may request documentation for all the above. In addition, the production must provide the office with a production point-of-contact for any media requests. VI. FINAL DELIVERABLES An approved award will only be paid at completion of the project and subject to the applicant's compliance with the terms of the agreement.The project must submit a final report,with deliverables,to the Miami Beach Film and Print Office within 60 days of the project's completion. • An accounts payable spreadsheet,sorted alphabetically by vendor,denoting in-city and in-county transactions, along with copies ofall checks,invoices and receipts for each vendor included. • Copies of both the complete crew list and cast list that includes both Florida resident and non-resident employees. • Either • Final Hotel Folio accounting for projected room nights or • Spreadsheet of principal cast&crew,showing minimum of 70%Miami-Dade County Residents,and(2) forms of ID for each resident to establish residency. • Final contact sheet for the production. Key phone numbers/contact info can be redacted. • Evidence that the project has achieved the agreed production days in Miami Beach with a copy of the shooting schedule. • A copy of the production's poster and any marketing materials(rack cards,fliers,etc.),if applicable. • Proof that Miami Beach is listed as a location on the production's page of the Internet Movie Database(IMDb). • Proof of"Made in Miami Beach"logo inclusion in project's end credits. • A signed and written confirmation that all the requirements have been met and that the project is complete. VII. REIMBURSEMENT Following the project's submission of all previously mentioned deliverables,the Miami Beach Film and Print Office will review all documentation and ensure the submitted materials match all guidelines and regulations.Once the project has been verified,reimbursement will be provided within 90 days of the submission date. 3 Page 229 of 859 TOURISM AND CULTURE DEPARTMENT DATE: 07/11/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff FROM: Lissette Garcia Arrogante,Tourism and Culture Directo • SUBJECT: Grant Agreement For: Information Only X Review & Approval X City Manager's Signature Other Comments: ❑ Fee Waiver Memo/Consecutive Day Clause Memo ❑ Street Closure: ❑ Special Event Permit(s): ® Other: Oolite Arts- "Climate Commissions" Grant Agreement ❑ Film Permit: Return to: ❑ Lissette A. Garcia Ext. 26597 ❑ Francys Vallecillo Ext. 26326 Jazmine Pena Ext. 27577 Date Needed: 07/19/2023 DocuSign Envelope ID:4494FFE8-05D8-4B8C-A787-AA68D7389307 MIAMI BEACH : tractJDoaume a G� Gam; ` .Co tract Noy s' ` ' °' • Oolite Arts—"Climate Commissions"Grant Agreement Conti or.. South Florida Art Center Inc.d/b/a Oolite Arts Tourism and Culture —n ciDnad yy r—pn,,cyo ed by. J11u1 .f3 Dir ebnal"ar 1 `.; _ Liu[a.'[r, )i'W jC $I, S ,p l . Lissette Garcia Arrogante` Marcia Monserrat "�^'ua' 114 M LSWY'Af //59i nA8 2a4:.12 PM EDT i2-13W9se�9a1n:.Lli PM EU I - • : Do:al en,$ C Cti) " Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement x Type 5—Grant agreements with the City as the grantor Type 8—Other: The City has awarded the Grantee$50,000.00(Fifty Thousand dollars)from the City's Film Incentive Program to fund the "Climate Commissions" Short Film Program (the "Program"), that will provide 3 Miami-Dade based filmmakers (the "Filmmaker(s)")with$15,000 to create a 10-to-12-minute film on the climate crisis(the"Film(s)").The remaining$5,000 in funding will be provided to Grantee to be used for marketing,and screening production costs.This grant award is pursuant to the resolution 2021-31704 that amended the Miami Beach Film Incentive program to maximize the program's impact,diversify qualifying productions, increase benefits to the local workforce, expand industry related opportunities, and foster the development of homegrown talent. Or sinalTerm 4' 1 /{.I}• a loos {._ 1aj Tot•I•zrmf( $1a4 One(1)time N/A One(1)time ; . : lnfor atia Grant Funded: Yes No State Federal Other: ?tittliA : rnuai =ost . `. .'i: ` . �hAccount• Y f� ri ACC. 1 $50,000 011-0380-000349-25-406-548-00-00-00- Yes x No 2 7/10/2023 T 9:36 AM Eis No 3 Yes No 4 Yes No • 5 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. ,• '9 " 'Authori,E a, is . , s City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31704 C7I May 12,2021 If no,explain why CC approval is not required: Legal Form Approved: x Yes No If no,explain below why form approval is not necessary: Gom.kin""A. royals se 'attar'TE y ,e Procurement: N/A Grants: N/A ( —DocuSlgned by: Budget: �ttlti 7fe1Lo sL,-, Information Technology: N/A I g ill ��1N Risk Management: N/AZo//11.cf'1 �13 I 3:18 FTh I&ll acilities: N/A