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Cultural Affairs Grant Agreement / Group Up and Rising 2olq- 9 K760 \/ 1915.2015 1� �V �IA/01 B AC H City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2014/15 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 30th day of Seotelmber, 2014, between the City of Miami Beach, Florida (the City), and (Grantee). Article I /Grant Description 1. Grantee: Ground Up and Rising Grant Contact:, Arturo Rossi Address: P.O. Box 56-2676 City, State, Zip: Miami, FL 33256-2676 Phone, fax, e-mail : 305.529.6233, guexec _gmail.com 2. Grant amount: $16,475.71 50%paid upon execution of this Agreement. Remaining 50% + $2,000 Fresh Air Fund 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 Award Budget, attached hereto 5. Contract execution deadline: November 15, 2014 6. Expenditure deadline: September 30, 2015 7. Project completion date: SE_PMAZGDe '51 Z0 15 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project com taap `ate. IN WITNESS-VV ,the parties hake -' �c�ie,.this Agreement this day of 2014. �t �••���i Zvi r"• / 1( / ;he ilip/ Le or =.INCCR° CAP, D-` �IY=/ _ Signature <� ?• ; e STATE OF FLORIDA,COUNTY O IAMI-DADE rantfeel Granado, City Clerk e's Corporate Seal Here �� The foregoing instrument was acknowledged before me e this day of 2014, by of a not-for-profit corporation. He/Sh is personally nown to me or has produced as GRANTEE: i e 'fic tion. Federal ID#: Zo—3531Ac S4 BY: r�I Si nature of Notary Public Printed Name of Organization's Authorized Representative g ry (City Attorney Approval Here) Notary Name. 1 vl APPROVED AS TO Notary Public,State of F o ' A, WIDW TAL6017 OU FORM & LANGUAGE """ t�bitt:gule 0100068 `�4oy,r v 44,= Notary Et�Oites on 4.20116 & F EXECUTION _ .g My Como► My Commission Expir g s Commission EE 223563A30�..-I'MAI 10121V,,'•:�OF F, ` Bonded ro City Attorney Date 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 Manager or his authorized designee, who shall be the City's Cultural Affairs Program Manager. 2. Project 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. A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate this match through cash, other matching grants and/or In-Kind contributions, not in excess of 25% of the total cash Project Budget. Line item changes to said Budget shall not exceed ten percent (10%) per category, and shall, in no event, 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. Said requests shall be made in advance of the project's commencement, 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 with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year, or September 30, 2015, must submit their final reports no later than November 15, 2015. New Grant awards will not be released until all Final Reports for previous years' funding are received. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following 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 Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific .feedback from program participants. 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 with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for which they are approved (October 1 - September 30).The Grantee shall 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, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and 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 1-6. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and 2 of 10 upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: Throughout Fiscal Year 2014/15, the Grantee must include the City of Miami Beach Centennial logo and the following credit line in all publications (where appropriate) 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. 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors 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 officers, employees, agents, servants, partners, principals or contractors. 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 its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors 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 $200,000, 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 $300,000 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 shall not be 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 Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defau It/Term ination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement (Default), the Cultural Affairs Program Manager 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 a Default, at the Cultural Affairs Program Manager's sole discretion, the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been received by the Grantee, as of the date that the written demand is received (Demand for Recapture). In the event of a Default, the following provisions will also apply: a. For first-time violations—Grantee shall be required to submit a final report with documentation of expenditure of all Grant funds already received up to the date of termination and/or the Demand for Recapture. 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 grants in future fiscal years. 3 of 10 b. For more than first-time violations - Any compliance infractions beyond first-time violations will be considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager 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 1-6 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 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 a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall 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 the breach or 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: 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/or services recommended for support. As such, use of Grant 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 Human Rights Ordinance 4 of 10 i as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial 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. 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 INTENTIONALLY BLANK- 5 of 10 Exhibit 1 / Revised Project Description Organization: Ground Up and Rising 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: A) Bengal Tiger at the Baghdad Zoo by Rajiv Joseph Nominated for a Pulitzer Prize for Drama, Joseph's modern masterpiece chronicles the travails of a tiger roaming the streets of Baghdad existentially reaching for life's meaning. Set during this century's invasion Of Baghdad, As he incredulously absorbs the myriad absurdities of war, the tiger crosses paths with soldiers, who are searching for friendship, redemption, and a toilet seat made of gold." Rajiv Joseph's smart, savagely funny and visionary new work of American theater, whose presence on Broadway invites fanciful comparison to the titular beast. A Pulitzer Prize finalist last year, "Bengal Tiger" is like a majestic cat serenely striding through a litter of cute-as-can-be kittens ready for their YouTube close-ups. "Bengal Tiger" asks us to think and feel like adults, absorbing the dark absurdities in Mr. Joseph's microcosmic vision of the chaos that reigned in Baghdad shortly after the invasion of Iraq. Its quiet urge to attend to the moral problems that beset our world — not to mention the existential mysteries man has pondered for centuries — stands in stark contrast to the more prevalent invitations blaring from Broadway marquees: to be serenaded by sweet nostalgia or to Facebook-friend our inner teenager. When: June 13th, 14th, 20th, 21st, 2015 at 5pm Where: Miami Beach Botanical Garden 2000 Convention Center Drive Miami Beach, FL 33139 Admission: FREE B) The Recommendation by Jonathan Caren A World Premiere play by Julliard Grad Jonathan Caren, one of America's exciting new theatrical voices. Aaron is smart, privileged and liked by everyone. Iskinder, his college roommate, is modest, unconnected and comes from a middle-class immigrant family. Soon the best of friends, Aaron takes Iskinder under his wing, sharing his world of favors and fortune. But once in the real world, Aaron is thrust into a terrifying situation without his familiar safety net. As the tables turn, both Aaron and Iskinder have to rethink the meaning of friendship and where loyalty has its limits. When: August 1st, 2nd, 8th, 9th, 2015 at 5pm Where: Miami Beach Botanical Garden 2000 Convention Center Drive Miami Beach, FL 33139 Admission: FREE 6of10 Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. We will still produce "The Recommendation" By Jonathan Caren as planned. But we would like to replace "Bengal Tiger"with Edward Albee's modern masterpiece"Homelife", and we will push Bengal Tiger to our 2015- 2016 season because our lead actor(playing the title role made famous by Robin Williams in his last Broadway performance) has informed us he can no longer do the production. This is a masterful role that needs a brilliant actor with a very specific skillset. We plan on writing our 2015-2016 grant proposal for black box performances at the Fillmore smaller black box, and will move Bengal Tiger there. Our lead will still fly in to Miami for a one night staged reading of"Bengal Tiger"this year to build anticipation of a full production in the 2015-2016 year. "HomeLife"by Pultizer Prize Winner Edward Albee: Two strangers passing each other softly and silently in a suffocating pit of isolation,sadness,and existential angst within the hapless confines of what appears to be an innocuously harmless marriage.The beast is still scratching at the door, howling,demanding to be let in.And Edward Albee is never going to let us forget its existence.On the evidence of"Home Life",the beautifully acted production that should be for.many years to come.There are telling differences in inflection and timber between the creations of a man in his 20's and his 70's.But there is no mistaking that they are products of one enduring and consistent voice,a voice unparalleled in American theater for its surgical elegance in exploring the animal in humanity. Not that conscientious playgoers need reminding.After a period of exile from New York's mainstream stages,Mr.Albee has been much on view here with plays that anatomize the feral soul beneath civilized skins.What makes"Home Life" such an essential and heartening experience is the chance it affords to compare the dramatist of then and now.Mr.Albee is, among other things,a chronicler of life as erosion.Yet in seeing HomeLife,you discover that growing older does not have to mean creative atrophy.Whereas the"The Zoo Story"is infused with a young man's frustration and hormonal energy,its prequel"Homelife"is the product of an older,more contemplative mind.Homelife isn't just an addendum to"The Zoo Story."It's a canny,self-contained chamber play about marriage,a consideration,both sober and funny,of the loneliness within a shared life.(In that sense it's in the tradition of Mr.Albee's"Counting the Ways.")Peter and Ann are as articulate as the romantic sparring partners of Noel Coward plays.But it becomes clear that genuine communication doesn't come easily to them.As they segue from gently barbed banter into stark revelation,the play enters the darker realm of"The Goat"and"A Delicate Balance,"where the real menace of violence and destruction is not outside a cozy world but within it. When: June 13th, 14th, 20th, 21st, 2015 at 5pm Where: Miami Beach Botanical Garden 2000 Convention Center Drive Miami Beach, FL 33139 Admission: FREE Staged Reading of"Bengal Tiger at the Baghdad Zoo When: Sept 5th at 5pm Where: Miami Beach Botanical Garden 2000 Convention Center Drive Miami Beach, FL 33139 Admission: FREE 7 of 10 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: Ground Up and Rising Date(s) of Project: 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 38,000 Admissions Personnel -technical 9,000 Contracted services Personnel - administration 19,000 Tuitions Outside artistic fees/services Corporate support $20,750 Outside other fees/services 6,000 Foundation support Marketing/Publicity 5,000 Individual support $20,544.29 Space rental 6,000 20,750 Government grants $23,230 Utilities Federal Equipment rental State $20,000 Office supplies Other Costs: (Itemize below) Other Contributions (Itemize below) City of Miami Beach Grant Award 18,475.71 Total cash expenses 83,000 Total cash revenues 83,000 Total in-kind expenses 20,750 Total in-kind revenues 20,750 Total project expenses 103,750 Total project revenues 103,750 CASH & IN-KIND CASH & IN-KIND 8 of 10 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Ground Up and Rising Date(s) of Project: Grant Award: $18,475.71 Directions: Identify and itemize cash expenses to be paid from Grant award 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 exceed the total amount of Grant funds. (Cultural Anchors excluded from these restrictions.) Grant Expenses Personnel —artistic 18,475.71 Equipment Rental Personnel —technical Space rental (Performance Related Only) Outside artistic fees Marketing/Publicity Total Other Costs (Itemize Below) Printing Description Amount Postage TOTAL (must equal grant award): $18,475.71 Grant requirements Grant funds must be spent within budget categories agreed upon in grant agreement. (Cultural Anchors excluded from this restriction). All publications associated with City of Miami Beach cultural grant support in FY 2014/15 must include the City of Miami Beach Centennial logo and the following byline where appropriate: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council." Allowable Grant Expenditures as Relates 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 • 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 9 of 10 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 (Cultural Anchors excluded from this restriction) • "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 • Insurance Fees (Cultural Anchors excluded from this restriction) • Social/Fundraising 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 and has been previously approved as such be the Cultural Affairs Program Manager 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). Invoices AND checks must be dated within the 2014-15 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 10 of 10