Conditions of Agreement
If a proposal is selected for funding, Applicants will be required to sign a binding agreement. Until both parties have signed an agreement, no express or implied commitment has been made to provide financial support. Applicants are not authorized to commence activities until the agreement is fully executed. If Applicants opt to commence activities, they do so at their own risk. No oral or written statement other than the signed, written agreement will govern or modify the relationship.
As a condition of agreement, Applicants must guarantee that, among other things, any activity they undertake on behalf of NALIP is not defamatory and will not violate or infringe upon the privacy rights, copyrights, or other proprietary rights of any third party. Applicants must also agree to indemnify NALIP against any loss resulting from breach of any of the guarantees contained in the agreement.
Those receiving production support from NALIP must be able to comply with a number of requirements that will be included in the operative agreement. These requirements include but are not limited to:
(1) Maintenance, for 3 years following receipt of relevant funds, of all financial records to the project, which records shall be accessible to NALIP, and to the U.S. Comptroller General or other representatives for examination and audit purposes. (Applicant will additionally ensure that any subcontractors or consultants under the agreement shall also maintain such records for the period specified and under the same terms);
(2) Maintenance, for 3 years after approval of a final financial report, of a complete file of all subcontracts and other agreements, licenses, clearances, and other documents related to the activity undertaken, copies of which shall be made available to NALIP on request;
(3) Compliance with equal employment opportunity and nondiscrimination laws and policies;
(4) Applicants will be required to provide documentation as to actual costs, and provide supporting detail demonstrating that all costs are reasonable, necessary and allocable to the requirements and objectives of the activity undertaken; and full financial report.
(5) All research and materials created, developed, compiled or produced pursuant to or as a result of this project (including but not limited to all reports) will be considered ordered and commissioned by NALIP as works made for hire under the copyright laws, and made in the course of services rendered. If, for any reason, the proposed research and materials to be provided are not considered works made for hire under the copyright laws, then the Applicant will be required to assign all right, title and interest in and to such research and materials to NALIP. Applicant further agrees that neither they, nor any of their subcontractors, will have any copyrights or other intellectual property rights whatsoever in any research and/or materials created, developed, compiled or produced by them or by any subcontractor, or by any third party participating in the preparation of research or materials for this project.
(6) Latino Lens™ does not support short narrative concepts based upon stereotypes and/or storylines which portray Latinx, Women of Color, BIPOC & LGBTQIA in a negative light; must avoid including anything that is offensive to a specific race, religion, ethnicity, sexual orientation or socioeconomic group; can not include any defamatory statements; anything which has already been submitted to other programs; completed projects already in post, streaming, or premiered; previously sold or optioned; cannot violate any local, state or federal laws; cannot violate or threaten any business, person, place or group.
(7) The agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
Other material terms and provisions will be set forth in the documents provided to the Applicant that successfully completes the selection process.
NALIP will have complete rights to the reports created as deliverables for this project.
NALIP will not be responsible for any costs incurred by an Applicant in preparing and submitting a proposal, or in performing any other activities relative to this solicitation.