Loading...
Bridge Theater tit MIAMI BEACH Art) cou~ClL ~UII-' This Grant Agreement is entered into this-tl-day of II! 0 rft.m.~02, betwaentheCilyofMillmiBe8ch, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Bridge Theater (Grantee). City of Miami Beach Cultural Arts Council 200212003 Cultural Arts Grant Agreement Article II Grant Description 1. Grantee: Address City, state, Zip Phone, fax, e-mail Bridge Theater P,O, Box 38-1778 Miami FL 33238 (305) 324-8912 (305) 324-8912 J,D. Steel@att,net 2. Grant amount: 5,500 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 and 2-8, attached hereto 5. Contract deadline: October 31, 2002 6, Expenditure deadline: September 30, 2003 7. Project completion date: 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. parties hereto have executed this Agreement this Iftt day of GRANTE~ The Bridge Theater, Inc. Print Name of Organization FederallD # 59-2766173 ~J\. Ulfam R Hatlield . '!'f. j My Commisslan DDOO2020 '\;..~ Expires February 1'.2005 Signature ::"~:CI~~ Signatu ~A'~ASTO Notary Public (for Gran Organ. & LANGUAGE /1 ;/1.I/J;'" . FOR EXECUTION DatEf 1'b~})L, $~ "/)~t/. c/~ ~?II-P (Cofp~~ y Article III 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 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 Grant Award Budget, attached hereto as Exhibit 2-B. 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. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justifying the need for such changes. All Grant recipients must participate in a minimum of one Second Thursdays (see Article 111-19). The following City of Miami Beach "Anchors" are required to provide specific information 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 2002/2003 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation league New World Symphony Wolfson ian-FlU Failure to include the above information 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. Reoorts: 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 Director of the Council with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 45 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2003 to receive the up to 50% of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due no later than 45 days after the completion of the City's Fiscal Year on September 30, 2003. 4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions in Article 1-2). 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. 5. Proaram Monitorina and Evaluation: The Director of the 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, Page 2 of 8 6. Bank Accounts and Bondina: 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. Accountina 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 1-5. These books, records, and documents may be examined by the Director of the Councilor 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 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 Cultural Arts Council logo and the following credit line in all publications related to this Grant: The City 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 11-12. 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 Dr 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 ofthe 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 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 ofthat 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 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 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. Assianment: 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 11-12. 11. Comoliance 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. DefaultlTermination Provisions: In the event the Grantee shall 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 Page 3 of 8 term 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 Deadline; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council an extension Dfthe 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 by delivering to the Director ofthe 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, Indulaence 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 1-1 of this Agreement, and to the City when addressed as follows: Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. CaDtions Used in this Aareement: 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 ReDresents Total Aareement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, exceptthose 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 1111 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: Page 4 of 8 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. 19. All Grant recipients must participate in a minimum of one "Second Thursdays", a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City of Miami Beach. 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 11-12 herein. [The remainder of this page is left intentionally blank] Page 5 of 8 Exhibit 1 I Revised Project Description Organization: ~he Bridge Theater 02-03 The Bridge Theater, Inc. Project title: Season Co'!'pletely describ~ Project approved by the Grants Panel and in a separate narrative detail the revlslon~ to the Project based upon the award. Please be as specific as possible; name of event venue, times, et~. Also, ~etail the organization's participation in Second Thursdays, Miami Beach Anchors should list specifics about their mentoring program. The Bridge Theater's CreoJlve Dramotics/or Seniors-TIre 1fI4 Gelle1'll1ioll -program will again serve the Seniors (55+) of Miami Beach. Located Mid Beach the project began November 12th 2002 and will continue through March 25th 2003 in cooperation of the Miami Beach Jewish Community Center at 4221 Pine Tree Drive. The slightly shorter schedule is due to the adjusted finding from the Miami Beach Cultural Arts Council. Buildlllg Bridges in North Beach-The Bridge Theater's Children's Summer Program for under- served children in North Beach will have its 41h (2nd funded) season take place from June through August 2003. Building Bridges will work in cooperation with A YUDA and take place at the A YUDA School at 2217 Normandy Drive in North Beach. The Direction of the program has signifwarttly changed. The "Happy Kids Performers" are a performance group of The Bridge Theater, and make day tours to under-privileged areas of the county tour Miami Dade, (homeless shelters, undeserved communities). The Bridge Theater personnel continue to have weekly classes at A YUDA throughout the school year to maintain the training done in the Summer theater program. The Bridge theaters program bas evolved to develop ''Creative Discipline" and "Focused Imagination", a method of developing internal discipline in the troupe members, utilizing peer pressure and esprit de crops instead of having a dominant teacher role. Also radically new and unique about the troupe is that during performance the troupe members invite peers from the audience to join the performance, allowing the children of all ages to experience the inner discipline of Creative Discipline and Focused Imaginati~n. This feature makes the troupe one of the most dramatic and exciting children's theater programs in Miami Dade County. In this respect, The Bridge Theater is essentially, doing more work with less funding from the City of Miami Beach. The short fall in funding by the City of Miami Beach could truncate the Children's Summer program however, The Bridge Theater has been seeking private funding from HSBC Bank of Miami Beach to avoid possible truncation of the Children's Summer Theater program.. TBT bad developed an original radio play, "How the Mexican Jumping Bean got its Worm" which we expect to create an audio recording in September 2003, which can be added to the Bridge Theater of the Mind series. TBT will produce the final draft and staged reading of in Summer 2003 of The Yolce a play in two acts. The premiere of TIre Yolce is planned for the 2003-2004 year. The Bridge Theater will perform at four 2nd Thursday events due to funding shortfall in December Christmas show 02 & March Senior show at the Jewish Community Center, June play reading at the Bass and August Children's show 03. This agenda represents two shows less that anticipated due to our funding shortfall. Page 6 of 8 Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: The Bridge Theater, Inc. Project Title: The Bridge Theater 02-03 Season Date(s) of Project: October 1st, 2002 thr~h September 30th, 2003 Attach a copy of the total Project budget Dr 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 $q, Of; 3 Admissions $11,000 Personnel - technical $2,869 Contracted services $4,000 Personnel - administration $2,550 Tuitions Outside artistic fees/services $3,187 Corporate support $lR.OOO Outside other fees/services $5,100 Foundation support Marketing/P ublicity $4,275 Individual support $4,,000 Space rental S4.000 $18 , 000 Government grants Travel Federal Utilities State Equipment rental County $10,000 Office supplies $3,000 North Beach DevOlop Corp. $1,000 Insurance/Security $1,456 Other Costs: (itemIze below) Other Contributions (ItemIze below) Grant award SS.500 Total cash expenses Total in-kind expenses Total project expenses S3S.500 S18.000 $53,500 (cash + in-kind) Total cash revenues $1 S . 500 Total in-kind revenues $1 B , 000 Total project revenues $ 5 3 , 500 (cash + in-kind) Page 7 of 8 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: 'l'hp 'AT; n<;]p 'l'hp,",t-pr TnI"' Project Title: The Bridge Theater 02 throg-h 03 season Date(s) of Project: October 1st. 2002 thravh Sp.p-rp.mhpr 10th, 2003 Directions: Identify and itemize cash expenses to be paid from Grant funds, Grant awards may only be spent within budget categories declared below. Grant EXDenses Personnel - artistic $1,563 $550 Personnel- technical $619 Personnel - administrative Space rental Travel (local only) Marketing/Publicity 5275 $1,100 Outside artistic fees $687 Outside other fees Other costs (Itemize below) ,. Insurance 5706 TOTAL $5.500 Grant requirements: Grant monies must be spent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline .City of Miami Beach" Grant funds may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-county travel or transportation Fundraising events Hospitality events Events not open to the public Page 8 of 8