Miami Beach Film Society, Inc.m MIAMI BEACH y/~~o~ ~~ 7~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2007/08 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this _~#tt~~day of , 2007, between the
City of Miami Beach, Florida (the City) and the undersigned Grantee (Grantee).
Article 1 /Grant Description
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract deadline:
6. Expenditure deadline:
7. Project completion date:
8. Final Report deadline:
Miami Beach Film Society, Inc.
Dana Keith
PO Box 19-1876
Miami Beach, FL 33119
305-673-4567, 305-534-5196, info ~mbcinema.com
$25,000 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval ofFina! Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 2, 2007
September 30, 2008
Sept. 01, 2008
Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, t parties reto have executed this Agreement
Signatu
Matti Herrera Bower
Vice-Mayor~~j~~, t
cc 1],~,',~,//~ STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Rober# Parcher, City Clerk The fore oin ins en w acknowledged before me
(Grantee's Corporate Seal Here)
~J 9
this ~ klay of 2007, by
of
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r-profit
corporation. H /She s personally kn to me or has
produced ~~~0"~'- as
n tion ~` (~-(~ ~{ ~ - ~ 7 ~ - (o ~~
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Signature of Notary Public
GRANTEE:
Federal ID #: ~~' - ~}/~~30 Notary Name: ~
APPROVED AS TO Notary Public, S
BY: Dana Keith
Printed Name of Organization's Authoriz~e8ebi~11~.~UAGE
~ FOR EXECUTION
My Commission
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i ttomey~.{~ at
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of Florida
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~, MY COMMISSION # DD 447586
EXPIRES: JWy 10, 2009
.. lawNdtlw Nobly pubic unaawrMera
Article II /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the City's Cultural Affairs Program Manager or his Designee.
2. Project Description: The Grantee may only use the Grant for the purposes that are specificaly described
in the Project Description, attached hereto as Exhiblt 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 Exhiblt 2-B. Line item
changes to said Budget shall not exceed ten percent (1096) per category, so long as said expenditures do not
exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs
Program Manager or his Designee. Said requests shad 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, lts 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 wlthin 45 days of the Project's completion date. Grantees completing #heir
Project by Fiscal Year End, September 30, 2008, must submit their final reports no later than November 15,
2008.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject
to the res#rictions in Article !-2}. By making this Gran, 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 Gran# funds will be supplied to the Grantee subsequent #o the Mayor and Ci#y Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Managerorhis Designee may monitor
and conduct an evaluation of operations and the Project under this Grant, which may include visits by City
represerrtatives 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 Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program Manager or his Designee with the iden#ity and title of individuals
authorized to wifhdraw or write checks on Grant funds.
7. Accounting 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 alt documents pertaining to payments received and made in conjunction with this
Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained inMiami-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 t-5. These books, records, and documents maybe 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 CrtY of Miami Beach logo and the following credit
line in alt publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Guttural 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 t1-12.
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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, paMers,
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 expressry understands and agrees that any insurance protection required by this
Agreement, or otherwise provided, shall in no way limlt 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 govemment entity, this indemn~cation shall onry be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity
shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other
claims or judgments paid by the govemment entity arising out of the same inciden# or occurrence, exceed the
sum of $200,000 from arty 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 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 II-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VII of the Miami Beach City Cade, as amended, which is incorporated herein by reference as if fulry set
forth herein.
12. Default/Termination Provisions: to 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 terminate this
Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days
written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement.
Further, in the event of termination, the Grantee shall be required to immediatery repay to the City all portions of
the Grant which have been received by the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will appry:
a. For First-time violations -Grantee shall be required to submlt a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. !f such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Addltionalry, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to appry for future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
appry for future grants shall remain within the sole discretion of the City.
Any uncommitted Grant funds which remain in the possession or underthe 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
afterthe Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request
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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 upon demand 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. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time 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 I-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager,
City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1$19.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and lts attachments, are to be considered in construing lts terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article III /Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and 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 lt will comply wlth Title VI of the Civil Rights Act of 1964 (42 U.S.C.
20004 et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that lt 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 rBCipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
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19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regani to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organization: Miami Beach Film Society, inc.
Completely describe Project approved by the Grants Panel and in a separate narrative detail atI revisions to
the Project based upon the City Commission approved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Protect description as approved by Grants Panel:
Exerting upcoming events continue our trend of showcasing auteur directors. The "Great Directors" series has
been one of our most successful ongoing events, and directors with personal artistic visions such as Federico
Fellini (whose world of creativity will open a wonderful opportunity for our growing troupe of pertormers and artists
to be inspired by), and Peter Greenaway (whose internationally acclaimed work as a painter and graphic artistic
will add a perfect exhibition element), are two masters we will showcase. Since we have been chosen for the sucth
year as an offiaal beneficiary of the Academy of Motion Picture Arts and Sciences annual fundraising program,
we will continue to highlight the latest award winning and nominated fikns in categories such as "Best Short
Documentary' and "Best Foreign Film"; the films that are rarely distributed widely, but very important to include.
And in our efforts to collaborate with organizations and festivals, we will co-present: The (new) Miami
Underground Film Festival, The (new) Women's International Film Festival, The Sicilian and Miami Italian
Film Festival, Hands On Miami and Independent LENS (premiering award winning films before they air on PBS,
exclusively in Florida), and The Miami Gay ~ Lesbian Fikn Festival (curating their centerpiece event). In our
efforts to incorporate the other aril as much as possible in our presentations we will work with The Miami Beach
Dance Festival, and are developing a new series of events: "Gina Theatre", the combination of live music,
poetry, and dance, all inspired by master anema works such as Eisenstein's Potemkin or Bunuel and Dali's Un
Chien Andalou. Supplemental pertormance art will continue to be an important part of the MBC experience, such
as the planned pertormance of Rachel Hoffman in May for the MGLFF centerpiece event, the upcoming
performance of Natasha Tsakos in March, and the upcoming'Cine-Theatre" everrts. Exhibfions of our MBC
Archive (one of the most advanced in the world in film history memorabilia), as well as art exhibitions and
installations, will also continue to tie-in to our regular programming, keeping MBC's focus on photographic arts
and related topics.
Changes to projects awarded under the Artistic Disciplines program must still adhere t+~ the requinemer-triiattha Nrork
is new or has never before been presented in Miami Beach.
Since the time of this application, we have added two outstanding series to our programming,'D000SPAIN', a series
of provocative documentaries in Spanish (with English subtitles) which is already sponsored entirely, and "Art On Fpm'
in collaboration with the Sagamore Hotel and it's world famous art collection. Legendary photographer and filmmaker
ENiott Erwitt is the next artist featured in that series.
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Exhibit 2 A: Project Budget /Revised Total Project Budget
Name of organization: Miami Beach Film Society, Inc.
Date(s) of Project: Oct 01-2007-Sept 01.2008
Attach a copy of the total Project budget or list cash expenses and cash revenues speaficaly
identified with your program, project or events. Round off al! numbers to the nearest dollar.
EXPENSES
Personnel -artistic
Personnel -technical
Personnel -administration
Outside artistic fees/services
Outside other fees/seryices
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rerrtaUpurchase
Office supplies
Insurance/Security
CASH IN-KIND
15.000 2000
5.000 2000
15.000 3000
7000
8000 2500
10000 5000
80.527
1500
820Q
18000 2832
2600 1500
2700
Other Costs: (Itemize below)
Printing/postaae 9000 3000
Maintenance 3000 100Q
ConcessioNmerch 2800 3000
Fundraising devel~ . 15000 20000
REVENUES
CASH IN-KIND
Admissions 30000
Contracted services 4500 2832
Tuitions
Corporate support 30000 30000
Foundation support 500
Individual support 19000 8000
Gov grant (Hann.Cox) 19,617
Federal
State
Other Contributions (Itemize below)
concessions 3500 2000
merchandise 171 3000
City of Miami Beach Grant Award 25,000
Total cash expenses 1 3 327
Total in-kind expenses 45.832
Toil project expenses 229.159
CASH 8 IN-KIND
Total cash revenues 183.327
Total in-kind revenues 45,832
Total project revenues 159
CASH 8z IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Miami Beach Film Society, Inc.
Date(s) of Project: Oct 01.2007-Sept 01.2008
Grant Award: $25,000
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only
be spent within budget categories deGared below. Line item changes to said Budget shall not exceed ten
percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds
Grant Expenses
Personnel -artistic 1.000
Personnel -technical
Outside artistic fees
Marketing/Publicity
Printing
Postage
In County Travel
Grant requirements
23.000
TOTAL (must equal grant award): 25.000
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with Gity of Miami Beach cultural grant support must inGude the City of Miami
Beach logo and the following byline: "City oiMiami Beach, Cultural Affairs Program, Guttural Arts Council."
Allowable Grant Expenditures as Rslates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
Production costs related to the proposed program, project or event
Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabi{ities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
Equipment Rental
1.000 Space rental (Performance
Related Onty)
Insurance (Performance
Related Only)
Total Other Gosts (itemize
Below)
Descriesion Amount
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