Italian Film Festival, Inc.
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 _ ,~` y day of ~~~~ ,2007, between the City of Miami
Beach, Florida (the City) and the undersigned Grantee (Gr~ ).
Article I /Grant Description
1. Grantee: Italian Film Festival, Inc.
Grant Contact: Claudio di Persia
Address: 360 Greco Avenue, Suite 201A
City, State, Zip: Coral Gables, FL 33146
Phone, fax, a-mail : 305-447-0233, 305-447-4996, claudioCcDcinemaitlay.com
2. Grant amount: x10,000 50% paid upon execution of this Agreement. Remaining 50% paid
upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract deadline: November 2, 2007
6. Expenditure deadline: September 30, 2008
7. Project completion date:
8. F~ al Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. ~w
IN T E S HEREOF
the parties hereto have executed this A
reement this Gx~ d
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~ , 2007.
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D vi r, Mayor Signatu
Attest:
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'.iQJf~f",~- STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
The forg~going instryrngnt was agknowledged before me
seal
GRANTEE:
Federal ID #: 72-1554639
1i]iefr / day of _ 2007, by
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r-profit
corpora on. He he personally known th has
produ as
i tificati ~ J ~~ ~
Signature of Notary Publid
Notary Name: ~ '
Notary Public, State of Fbrida
BY: Claudio Di Persia
Printed Name of Organization's Authorized Representative
APPROVED AS TO My Commission Expires: ~ •~~• Z~ 9 _
FORM & LANGUAGE
& FO ELUTION ~,,.. Notary Public State of Fbrida
~' ~ Andrea D O'Naghten
~otA My Commission DD586278
,;% r j t B~ ~+~ Expires 11115/2009
ttomey ate
Article it /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 Managerorhis Designee.
2. Project Description: The Grantee may only use the Grant forthe 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 here#o as Exhibit 2-B. Line item
changes to said Budget shall not exceed ten percent (10°k) 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 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 Managerorhis Designee within 45 days of the Project's completion date. Grantees completing their
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 restrictions in Article I-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, 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
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 Bonding: Monies received pursuant to this Agreement shalt 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. 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 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 I-5. These books, records, and documents maybe examined by the Cultural Affairs
Program Managerorhis Designee or his Designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Managerorhis 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 II-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 ordamages, 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 noway 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 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 orjudgments 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. 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 setforth herein, and Chapter
2, Article Vlt ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as iffullyset
forth herein.
12. DefaultR'ermination 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 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 immediately 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 apply:
a. For First-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If 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.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply 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
apply for future grants shall remain within the sole discretion of the City.
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 Citywithin fifteen (15) days
after the 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 33139-1819.
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 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 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 forsupport.
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 allowthe 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.
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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 regard 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 intentionalty blank
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Exhibit 1 /Revised Project Description
Organization: Italian Film Festival, Inc.
Completely describe Project approved by the Grants Panel and in a separate narrative detail all 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.
Project description as approved by Grants Panel:
The 2007 Italian Film Festival, now in its fifth year, will be held October 4 - 9, 2007 for the third
consecutive year at the Regal South Beach Cinemas on Lincoln Road. This year's festival will include 10 of
the top Italian films produced in 2006-2007 that have not yet been screened for American audiences.
The festival will also include a lecture series at Books ~ Books on Lincoln Road and avariety ofineet-the-
artists social events and opportunities.
The 2007 Italian Film Festival will begin with apre-opening cocktail reception open to the public by
invitation. This will be followed with the screening of the Fesfival's opening film and dinner. Following the
opening screening and festivities, nine additional films will be screened over the course of the Festival.
Project description as revised (if applicable) based upon the Citv Commission approved award
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the worf~
is new or has never before been presented in Miami Beach.
None.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Italian Film Festival, Inc.
Date(s) of Project: October 4-9, 2007
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
CASH IN-KIND
Personnel -artistic 20,000
Personnel -technical
Personnel -administration
Outside artistic fees/services 12,000
Outside other fees/services 4.000
Marketing/Publicity 23.50010,000
Space rental 12.000
Travel 5,400 2.000
Utilities 4,800
Equipment rental 500
Office supplies 3,604
REVENUES
CASH IN-KIND
Admissions 18,500
Contracted services
Tuitions
Corporate support 21,000 19,375
Foundation support 10,000
Individual support 8,500 8,075
Government grants 26,204
Federal
State
Insurance/Security
Other Costs: (Itemize below)
Film Rental 2,000
Artist Hotel/Hospitality 8,400 15,475
Other Contributions (Itemize below}
Program Ad Sales 2,000
City of Miami Beach Grant Award 10,000
Total cash expenses 96,204
Total in-kind expenses 27,450
Total project expenses 123,654
CASH & IN-KIND
Total cash revenues 96,204
Total in-kind revenues 27,450
Total project revenues 123,654
CASH 8 IN-KIND
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Exhibit 2-B: Project Budget !Revised Grant Award Budget
Name of organization: Italian Film Festival, Inc.
Date(s) of Project: October 4-9, 2007
Grant Award: $10,000
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may onty
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 exceed the total amount of Grant funds
Grant Expenses
Personnel -artistic Equipment Rental
Personnel -technical Space rental (Performance
Related Onty)
Outside artistic fees 4,000 Insurance (Performance
Related Only)
Marketing/Publicity 5,000 Total Other Costs (itemize
Below)
Printing
Description Amount
Postage Film Rental 1,000
In County Travel
TOTAL (must equal grant award):
Grant requirements
Grant funds must be 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 ofMiami Beach, Cultural Affairs Program, Cultural Arts Council."
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directty 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 Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• Administrative salaries or fees
• "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation outside the local Miami Dade County area
• SociaUFundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government
Required supporting materials for final reports submitted within 45 days upon completion of grant
project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (i.e. -all artists payments, separate from
advertising payments)
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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