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Alliance for Media Arts Inc. City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this :a 0 day of g g t Q g II r ,2000 between the City of Miami Beach. Florida. on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and ALLIANCE FO.lL}fEDIA ARTS. INC. (Grantee). Artiele I / GraDt deseriptioD 1. Grantee: Address City, state. zip Phone. fax. email . ALLIANCE FOR MEDIA ARTS. INC. 210 2nd Street Miami Beach. FL 33139 (10~)S1R-R242 alliance cinema@bigfoot.com - 2. GrantamOllnt: $'JOOO jO'/l6paidupon execution of'hisAgreement. Remaining 50% paid upon completion of ProJect. submission and approval offinal report, 3, Project description: See Exhibit I. attached hereto 4. Itemized budget: See Exhibit II, A and B att8ched hereto 5. Expenditure deadline: ~ember 30. 2001 6, Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF. the parties hereto have executed this Agreement this 1 () day of (),-. to hE' r , 2000. CITY OF N IlEAC" Neisen Kasdin, Mayor A 1lEST: ~J" f~ Robert Parcl1ec. City Clerk GRANTEW Alliance for Media Arts, Inc. Print Name of Organization F~Ill)# 5 -2631139 BY: Randall Hilliard Printed Name of Chairman or~ident .~h/~- ~ SigJl8ture -,; "> (Grantee's Corporate seal) lily: Jerry l'finted Name of ChiefFo APPROVED AS TO FORM & LANGUAGE & fOR EXECUTION ~ /O;J,.-<1t Exhibit 1/ Revised Project deseriptioll Organization: A 1 1 i ;::l nr"~ fn,.. Man i::l ~ ri- co Project title: 1.1"1"11:::.1 npO.,.;;lotinn Completely describe Project approved by the Grants Panel and in a separate narrative detail tile revisions to the Project based upon the award. Please be as specific as possible; name of eValt, venue, times, ere. Also, detail the orpnizadon's J*tk:ipation in Miami &och Second T1rur8t/Qy6. Miami s.:n Anchors sbou1d list specifics Ibout their mentoring Jll'OIl'IIIll, The Board ofDinlctors of tile ADimce for Media Arts, Inc,-el1O known. the ADiaDceIIFP-South-- has ralructumJ the org....i7>lrinn to shift focus liom exhibitioll to eduoatioo, The ADiancelIFP-South will concentrate on building a vibrant indepeodent South Florida film com.....n;ty through education IIlId instruction and the provision of technical assistance and production resources to 10<:81 filmmakers, The most publicized aspect of these changes has been the closing of the Alliance Cinema 011 Lincoln Road, While the organization will continue to host screenings in otheT venues. these events will be more closely aligned to independent filmmakers at the local and nlllionallevels, Programming will include both a continuation of former programs: - Classes in filmmaking and production - Youth media training program funded by the Merrow Report - Monthly screening series oflocally produced work called "Show Us Vour Sturr in which filmmake~ receive feedback on their wolk from industry pro~onals As well as a number of new programs: - Seminars and Wolkshops for professional filmmakers hoSled by commercial compaoies - Special Event film screenings with the filmmaker in attendance and hosted in collaboration with other filmmaking organiz8tiOlls, sites chosen according to the audience most closely aligned with the film - Film screenings hosted in collaboration with local organizations such as the FrCDCh Consulate or the Florida Grand Opera The new nalional organization formally and legally joining the currenl S IFP chapters will be in operation from JanUlllY I, 2001. At this junctw'e, the AlliancelIFP-South will: a) receive members and their fees fiom all member filmmakers based in Dade and BrowlII'd CooDtics, b) participate in the naliooal IFP website which will serve filmmakers no matter where their location with on-line educatiou, networking, and other benefiJ5. c) participate in other nationallFP projects including: film tours; national sponsorship programs and national marketing programs, d) be highlighted in the national marketing campaign, The organization requests funding from the Cultural Advancement program to hire staff members to facihlate, i) the media launch of the new programs ii} the sales of a new subscription series of film events to be announced 00 October 18. 2000 aI a party hosted by SunTrust Bank . . iil) ratification of a strong fundraising program including the IririDg of a Development Director, development of a fundraising plan, and eventually creating an enck>WDJellt . These resources will enable the organization to market its events to a wider public. and espectally to the independent filmmakers in South Florida and concurrently '0 build Its financial slabilit) , Funds will be used fur staff salaries including: _ the Executive Director's time lIpeJlt on marketing the educational programs and special events _ a Marketing Assistant to both promote events and to sell tickets _ an accountant to keep 'he books and to take care of all IRS reporting _ a Development Director to work closely with the Executive Director and the Board to contact individuals lUld corporations for donations _ and a GTaphic Designer to design marketing materials for the organizalion and for special _.. . .-.. .. -" .. ... - -. . -.~. ".. ., ~ . ,. ' Exhibit 2: Revised Project Budget I A. Total Project Budget Nameoforganization:,.AJ.1 i an('.. for ~BrojectTitle: Arts, Ine. Date(s) of Project: Ocl; 1, ;WOO SS19 60, 2001 Media Arts Attach a copy of the total Project budget or list cash expenses and cash reven~ specifically identified wilh YOUf program, ~ect or events. Round off all numbers to the nearest dollar. EXPENSES cash in.kind Personnel . artistic 1 ?M)Q Personnel. technical 17500 Persollllel . administration 630;00 70;00 Outside artistic fees/serviees 7000 Outside olher fees/services _ 5000 2500 Marl<etinglPublicity 40000 '0000 Space rental 10000 5000 Travel 7'500__ Utilities ?<;oo Equipment rental 1000 Office supplies 7000 ')000 Insurance/Security 2000 __ Other Costs: (ltellllu below) ~inring ~ooo __~ostag" 5000 Film R..ntaL&Shippi 1000 _-F~;pmQnt M~int. 10000 ')000 ?OOO M1Q(' Total cash expenses Total in.kind expenses T 0la1 project expenses 170000 <l50g0 U2G.9.!L-.__ (cash + in-kind) REVENUES Admissions Contracted services TuitiOlls Corporate support Foundation support Individual support Government grants Federal State Other contributions Grant award cash in-kind 10000 ~QQQ 55000 10000 10000 :86000 30000 16000 34500 45000. __ 9000 (llemiu Hlow) 5000 Total cash revenues 1 70000 Total in-kind revenues 4 <; n 00 __ Total project revenues 2 1 5000 (cash + in-kind) / E:lIlibit 2: Revised Project Budget I B. Grant Award Budget Name of organization: Alliance for Date(s) of Projeo;t: get. 1 Me d ftojec:t Title: Arts 30, 2G01 l.nnll.::ll nppr~tinn €E:l't. Direction.,: Identli)- and itemize cash expenses to be paid from Gl'8llt funds. Grin! awards may only be spent within budget categories declared below, Gra.. ~'lr1Y!lHM Personnel- artistic Pa'sonnel- teclmicaI Personnel - administrative 5000 Space rental Travel (local only) Marketin&fPublicity Outside artistic fees Outside other fees Other costs (1k~ IHlow) TOTAL $5000.00 GI1IIlt requirements: GI1IIlt monies _ be"'" within budget categorias qroed upon in Cl1It1rIlCt All public8tions lISSOCiIlod with Milmi Beach CuII1lraI Arts Coullcil ann! support must includ.1he City ofMillmi Beach Cultural Arts ColdlC:iI's logo ami the following byline "Ci/)/ of Miami Beach" Graut rullda 8Ul1 IlOt be uNd .r: Remuneration of City emp~ fOr lIIIY llllrYices rendeRd as pari of a pft!iect reo:eimg a gnIDI &om 1be City ofMlami Beach CuhunII Arts Council "Bricks and mor1II'" or pennanert equipmed (perm.all equipment necessary fur pI'Ilp4)8CId project may be purchase4 iflhc price is Ieso than what is would COlt 10 rem the equipment) Debt reduc:tion Out-of-county nvel or tnnsporlation Furnlraisina events Hospkality events Events not open to 1be public Article II I General conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect Descriotion: 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 Line Item Budget, or with changes not to exceed ten percent (lO%) per category, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justifYing the changes, All Grant recipients must participate in Miami Beach Second Thursdays (see Article ill-I 9). The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s}, Miami Beach "Anchors" for 200012001 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum ofFIorida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FlU Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualifY it from future consideration from the City's Cultural Arts Grant Program. 3. RellOrts: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001. 4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2. By making this Grant, the City assumes no obligation to provide fmancial 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 ofthe award. 5. Proazram Monitoring and Evaluation: The Director ofthe Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and 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 Director of the Council 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) yellfS after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director ofthe Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial 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 CulturtdArts CouncU logo and the following credit line in all publications related to this Grant: THE UTY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the Same manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liabilitv and Indemnification: The Grantee shall indemnifY and hold hannless the City and its officers, employees, agents and instnlments 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 ()f actions or proceeding; of any kind or nature arising out ot; relating to, or resulting from the performance if this Agreement by the Grantee or its empl()yees, 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 proceeding;, 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, shal1 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 exteeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with al1 other claims or judgments paid by the g()vernment 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 ofthe Grantee entity. 10. Assil!11ffient: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and sha1\ be treated as an event of default pursuant to Article 1I-12, below. II. Comoliance with Laws: The Grantee agrees to abide by and be governed by a1\ applicable Federal, State, County and City laws, including but nnt limited to Miami-Dade County's Ordinance No. 72-82 (Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance) as amended, which is incorporated herein by reference as if fu1\y set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defaultffermination Provisions: In the event the Grantee sha1\ fail to materially conform with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of a breach of any tenn or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the 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 DeadIine; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (I) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude, the City from pursuing any other remedies that may be available to it under the law. 13.lndulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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-I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Caotions Used in this A{!.J'eenlOOt: 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 Renresents 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 tenos. 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 I Miscellaneous provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is perfonning 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 baniers 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. 19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second ThUlSdays), a cultural open house on the second Thursday of every month. Free arts events will be held at muhiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article n - 12 herein.