Entertainment Industry Incubtr
m
City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 6'1(i1.- day of 0 c:A.~
Miami Beach, Florida, (the City), and Entertainment Industry Incubator (Grantee).
, 2004, between the City of
Article I / Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Entertainment Industry I~cubator
940 Lincoln Road Suite 205
Miami Beach, FL 33139
(305) 672-9297, (305) 672-0177, susan@eincubator.org
2. Grant amount: $9800 50% paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project and submission and approval of Final Report.
Project description: See Exhibit 1, attached hereto
Itemized budget: See Exhibits 2-A and 2-8, attached hereto
Contract deadline: November 5, 2004
Expenditure deadline: September 30,2005
Project completion date: It ~ . ) )-DQ-S-
Fin I Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. / ?It. ,'I\.
HEREOF, the parties hereto have executed this Agreement this ~ day of l..Jk.-i:III p., bfL. ,2004.
Atlest:
~( PCU~
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
The foregoing instrument was acknowledged before me
this.9J:-day of I(l (;P. 2004, by
.,;:"}(/,-r"'fri/ ,--'\C'."f'-"A / of
b'A/kLr>4-/u/ht"d/ .hiItk';&f-~ofit
corporation. He/She is personally known to me or has
produced .J--:-L ~d L/C
.
identification.
~~~~-L~~
~ature of Nota Public
as
Robert Parcher, City Clerk
Grantee's Cor orate Seal Here
GRANTEE: Entertainment Industrv Incubator
FederaIID#: 6)' -o8~s-~.l'1--
BY: S lLS, d..(\. S eke ~ Y'I
Printed Name of Organization's Authorized Representative
Signature ~ ,,(J vL--'
I '
Notary Name: ~>!'../- nc'
Notary Public, State of Florida
{f
~~
My Commission Expires:
I'" ~ Catherine Casanova
, .~ i My Commission 00133628
'\_,,-' E~AugusI06.2006
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 City's Cultural Affairs Program Manager or his designee.
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 Cultural Affairs Program
Manager or his designee. Said requests shall be made in advance, in writing, detailing and justifying the need
for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
4. Amount of Grant and Pavment 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee with the identity and title of individuals
authorized to 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 Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee may, at the City's
expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 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. Comoliance 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 iffully setforth 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 Cultural Affairs
Program Manager or his designee, the Grantee shall repay to the City all portions of the Grant which have been
received by the 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee 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. Induloence 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: Bill Baites, Cultural Affairs
Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions 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 Reoresents Total Aareement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article 1111 Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and services recommended for support.
As such, use of these funds for any program component not meeting this condition will be considered a breach
of the terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined
in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
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.
Exhibit 11 Revl_. Pro)Kt O..crtption
Organization: .Entertallllme~ Industrv Incubator ~rojecttitte: ~l lat:;9rQilg ~1}~,~,'.. t}.'o(,
~(2.r f.1:LU ~l . 1 I
Completely describe Projed Approved by the Grants Panel and in a separate narrati\l8 detail all reVISionS to
the Project based upon the City Commission approved award. Please be liS specific liS possible; name of
evenl. specific dates. WrnM. tImes. artislll. etc.
'Pe::te CX'e a1+tlChKl ~eet .
There are no changes in our grant appllication due to the City Commission approval. The
red indicates the normal changes and improvements we have from year to year.
The award-winning, SRO, Collaboration...A Short Film Contest, is celebrating its
seventh year in South Florida and its third around the state. The contest provides an
opportunity for novice and experienced filmmakers to showcase their talents to industry
VIP decision-makers who serve as judges and will be coming to Miami Beach from
Miramax, Newmarket Films, IFe and the American Black Film Festival in NY and Unlte0
Talent Agency and Arenas Entertainment in LA solely to participate in this event. The
State Film Commissioner will moderate the seminar and serve as a judge as well.
This year's gala dinner and awards screening of the finalists will be held at the
Wyndham Miami Beach on the evening of Feb. 5, 2005 preceded by a seminar and
panel discussion with our judges on the morning of the same day. Last year's sold out
event, attended by 600, attracted hundreds of visitors from the state of Florida and our
seminar had more than 150 attendees! During that evening event, we plan to show 15
semi-final projects to our audience including our blue ribbon panel of industry decision
makers. The winners are announced that night.
The award-winning Collaboration... contest itself has remained the same for
the past seven 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 a theme they are given. The team cannot
spend more than $500 in cash. These parameters are given so that we can flush out
fresh young talent and give them an opportunity to compete on a "level playing field"
(one for novice and one for professional) and showcase their work.
This year is our second with a special category for high school students from
around the state and the top three winners will be having a private lunch with U18 Juages
so that they can have their films critiqued in person
This year, there was an orientation workshop in each of nine cities. We began in
Jacksonville and then went on to Tallahassee, Orlando, Tampa, Sarasota, Naples, West
Palm Beach, Fort Lauderdale and concluded in Miami. Our $95 package price includes
the wrap party and the gala as well as the seminar and a networking exchange with
each other to discuss their experiences.
We emphasize the openness of the registration process. The contest was
conceived as a high profile event to draw talent from all segments of the community. Its
intention is to encourage participation from as many people as possible, continue to help
raise our cultural profile and firmly establish our indigenous filmmaking community as
among the most professional in the country. This competition has long served as a
central gathering point for local filmmakers to meet and work with each other.
We have watched the contest spawn careers and afford opportunities for people
to improve their craft by repeating their particpation with us. This past year we had two
different winners who had never qualified for the top 15 projects before and who've
entered on several occasions. One made it to the top six winners.
The competition garners enthusiastic applause from community, professional and
governmental organizations which all champion the making of film here in Florida. Jeff
Peel, the Miami Dade County Film Commissioner, was our master of ceremonies and
the Beach's own Graham Winick hosted our wrap party. The contest also 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. Many films have enjoyed
acceptance in other national and international film festivals. This goes a long way
towards continuing to expand the image of Miami Beach as a culturally mature locale.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Entertainment Industry Incubator
Project Title: Co 11.~~tbo\" cYI-4.o Y) .' . A sho (' t~ \ VY' (l~1"1es+
Date(s) of Project: ..Q c t;lco-\ (yi ~ r( \.-1 t Ou ')
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your program, project or events. Round off all numbers to the
nearest dollar.
EXPENSES REVENUES
Cash In-Kind Cash In-Kind
Personnel - artistic 'J!JJJJL 3 faD Admissions ~" S'-1l) --.
Personnel - technical -1J..tK Contracted services --
Personnel - administration Tuitions '3y ~ oV --
Outside artistic fees/services Corporate support Iv. JlfD r 2'il> ,5'u'"\)
~L /
Outside other fees/services Foundation support
Marketing/Publicity o u7Jb 21 ,')oD Individual support Jil,.-:t ^
,
Space rental au-o .f"b17D Govemment grants !oqwG-
Travel sy at? Federal
Utilities 1 i(Di) State )-j ')1))
Equipment rental
Office supplies
Insurance/Security
8-t-.ln) 10) tnJl:l
,t-f,\lJD
Other Costs:
~Jj1
(Itemize below) Other Contributions (Itemize below)
.J~C1<-lq 2iLfliliJ>
Grant award
$9800
Tota! cash expenses
Total in-kind expenses
Total project expenses
~ () ) 5'LlL
P-\'J~
20(j "'"14
(cash + in-kind)
Total cash revenues 9(." ) Sl.f i.f
Total in-kind revenues. \?-I ,')-c 0
"T alai project revenues [) Of1 0 If ti
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Entertainment Industrv Incubator
Project Title: (D t l ~ 1001' 0..:,..\ 0"" . .. . a ~ ~ ~
Date(s) of Project: C) <~ . ~u 'i - K cJ,....'\. . }() or
,
Directions: Identify and itemize cash expenses to be paid from Grant funds.-
Grant awards may only be spent within budget categories declared below. Line item changes
to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures
do not e><<:6ed the total amount of Grant funds
Grant Exoenses
. Personnel - artistic
Marketing/Publicity
Y'100
Personnel - administrative ~_ Space rental
Personnel - technical
Travel (local only)
Outside artistic fees
Outside other fees
(Itemize below)
Other costs
(Itemize below)
TOTAL: $9800
Grant requirements:
Grant funds must De spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: .City of Miami Beach, Cultural Affairs Program, Cultural Arts Council."
Grant funds may not be used for:
. Remuneration of City employees for any services rendered as part of a project receiving a grant from
the City of Miami Beach Cultural Arts Council
. "Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed project
may be plJrchased if the price is less than what is would cost to rent the equipment)
. Debt reduction
. Out-of-county travel or transportation
. Fundraising events
. Hospitality events
. Events not open to the public
ARTICLES OF INCORPORA nON
Tire IUU!csignea iru:orponu.or. j;r the fNTPOR of fomriIrg Q COI'pOI"Dtion -.ndc 1M F7.orido
NOI for ProjiJ Corpol'tJ1itm kt, b~by odDpt(s) Jile following NUdtS of lm:Drponztion:
A.R'T.ZClZ r .NA1l!:E
The 2aII1C ofzhe CozpomimlSall De:
Entertainment Industry Incubator, Inc.
A.RT1a.I: II PRINCIPAL 01f77C~
The principaI place ofbusincss.md ....."ifutg addn:ss oftbis corporation shall be:
420 Lincoln Road
Suite 383
. Miami Beach, FL 33139
A.RnCLI: m Pt1RPOSZtSl .....
The ~.., t'&h~s) for which tbt COfJlOI2bOIllS org;m''''"(j is(a:re).
to provide technical support and assistance to emerging busi~esses in South ?lorida.
A.RT.Il::l.Z IV lJ8AJlNZR OT Ja.Z;C I. JON OT Dnu:c:roRS
The _ ill whic:h Ibc~ an: dCCll:d 01' ~"M..d is:
annual ~ppointDent as stated in che bylaws
Susan ScheJ..n
800. Vest Avenue
Hi.1lll1i Beach, n. 33139
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A.R'1'2Cl.E V l.Pl1'TI.&L RJ;GJS~ AGJ:N1' AND BTJlUT ADDRESS
The DmlC and Florida SlJect ~ oftbt initW qist=r:d aacat an::
AR1'"JI:IZ VI lNCORPORA TOR
The Dame IIDd addrt:S$ oftbc b:o.~. 10 tbcsc Artidcs ofm.......puubClll an::
Susan Sc:be1:n
800 Wes t: Avenue
~h' FL 33139
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daigruzled Dr this C1:rti~ 1'-rby 0tt:1:qf thI ~ 4ZJ ~end ~ ""'" ..- ... <<:I Dr tIt# atIpIlCiIy. I
fiutMr ~ liD coerp/y ""^ tbc prrwUions of all SIIlIlDu rrlD1inr ", tM J1'f'Pt!' _ CDIJIpIt!1Jt pof.-.-.-a 0/." ibtrIes,
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