Arts at St. John'slV11AMI BEACH ~ 7~-_ 9 ~. o
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City of Mlaml Beach Cultural Affairs Program and Guttural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
ArEicle t / Grarrt Description
Grantee: ,
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract execution deadline:
6. Expend~ure deadline:
7. Project completion date:
8. Final Report deadline:
Arts at St. John's
Carol Hoffman-Guzman
4760 Pine Tree Drive
Miami Beach FL 33140
(305) 532-1847, (305) 532-1847, artsatsgohnstic~bellsouth.net
$20,074.95 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion ofProject and submission and approval ofFina/ Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 15, 2009
September 30, 2010
Sept. 30.2010
Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement th~ _1 day of October , 2009.
Ma ' errera o er, or Signature
Attest: C~V`~ (~ ~ t'~~
Robert Parcher, City Clerk
Grantee's C e Seat Here
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Federal ID #: 65-1051143
BY: Carol Hoffman-Guzman ExeaDirector
Printed Name of Organization's Auttror¢ed Representative
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
ts< FOR/~XECUTION
STATE OF FLORIDA, COU TY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
this_~day of ~ 2009, by
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~-;S ~" ~i~1~--~ N rlt'~ , anot-for-profit
corporation. HeJShe is personally known to me or has
produced ~ D,4/ ~ • e..k(~ ~. 9 ~ S ~ I 1 as
identification.
Signature of Notary Public
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Notary Name:
Notary Public, Stat ~ , TAKISHACUNNINO ,
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_~ :•g MY COMMISSION q DD 543281
EXPIRES: April 23, 2010
'~Pf.t:~;~`' gondedThruNotaryPWACUnderwrltor~
My Commission
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Date
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Article It I 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. Proiect 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 Granf has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grarrt is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Managerwith 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, 2010, must submit their final reports no later than November 15, 2010. 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 I-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 w~hout 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 Cultura(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 Managerwith the identity and title of individuals authorized to withdrawor
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,
shalt be dated within the fiscal year forwhich 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 I-5. 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 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.
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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.
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 attomeys' 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
resuking 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 aft costs, judgments, and attomeys' 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 govemment 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 thenrof, which, when totaled with all other
claims or judgments paid by the govemment 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 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 Vll ofthe Miami Beach City Cade, as amended, which is incorporated herein by reference as iffulfyset
forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any ofthe provisions
of this Agreement, 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
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, 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 (first half) up to the termination date.
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.
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cukural 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.
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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
afterthe 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 ill Nof be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to pertomt 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 fetter 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 Rearesents 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 pertomting a public purpose through the programs, projects, andlor 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 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.
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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.
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Exhibit 1 /Revised Project Description
Organization: Arts at St. John's
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.
Proiect description as approved by Grants Panel: 2009-2010 Season
The 2008-08 and 2009-10 seasons include several types of programming, which help define our
mission:
• American Musical Theatre concerts & cabarets, which in 2009-10 we are calling "Friday Night
Live" -These events address diversity, social issues, building community, local artists
• Arts and Healing series- addressing transformation and change, local artists, forums
• Plants without Borders -addressing diversity, plants and gardens as cultural art
• Emerging Artist series -emphasizing local and emerging artists, building community, diversity
• Visual Arts & Mixed Media shows -showcases local arts, diversity, building community
• Classes and Writers Cxroup -our educational section that nurtures emerging artists, has dialogue
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Afistic Disciplines program must still adhere to the requirementthatthe work
is new or has never before been presented in Miami Beach.
American Musical Theatre series will not have the "Friday Night Live" events.
Instead, this series will have three main components:
The Season Showcase (Oct 24, 2009)
"The History of Miami Beach -the Musical," which will feature music that reflects the various eras
of Miami Beach.
Talent Quest Miami will present its 2°a Annual event.
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.; .:Dates . ; ' `2008~ZOt0 3easorr - its at St. ,Yohns _ Prices _ _ _ _ . , Artists . ,;
Oct5-10, Mon-Sat Common Roots visual atfsshow- MB Botanical Garden Free for public, $20 entry 12-151oca1 artists
fee for artists
Oct 8, Thurs. 10-12 PLANTS WITHOUT BORDERS -Miami Beach Garden Club FREE Steve Woodmansee,
m Carol Hoffman
3 Sam -Oct 10, 24, Arts 8 Healing - BeNydance U. -Tiffany tYtadera $75J3 classes Tiffany Madera
& Nov. 7, 2-4 m $60seniorslstudents
Sat, Oct 17, Seasons Showcase -retrospective of test 10 years $20 adults Various artists
8 m $15seniorslstudeMs
Sat Nov. 7 all night Miami Beach's Sleepless Night -collaboration with new Free Various artists
Rainbow Circus all a circus - Lummis Panic
Nov. 9, Mon.10-12 PLANTS WITHOUT BORDERS Coral Pines Garden Ciub FREE Steve Woodmansee,
m Carol Hoffman
Nov 12, Thurs. T pm Seth Bramson -book review of Latest Miami Beach history Free Seth Bramson
book, Sunshine, Stone Crabs and Ghsesecake "
Nov 21 Emerging Artists Concert: Voca['ist Victoria Bechtold Kush ~ $20 adults Kush 8 Rodriguez
Pianist Jo a EmTo Rodri uez $15seniors/students
Sun., Dec 13, 3 pm Holiday music Free Various singers &
musicians
Sat. Jan 9, 2-4 pm Arts 8 Healing, V'~uaf Arts with Paul Turk of ArtShare $15 adult Paula Turk
S12seniorslstuderrts
.Wed, Jan 13, 9:30 PLANTS WITHOUT BORDERS -Ken-Pines Gallen Club Fres Steve Woodmansee,
am Carol Hoffman
Date TBA in Janus Outside performer $ZO adults TBA
$15seniors-students
Sat Feb 6, 2-d pm Arts 8 Healing, Writing and Art $15 adults Dena Stewart
$12seniorslstudents
Sat & Sun -Feb. 20 History of Miami Beach -the musical - at St. John's Church or $ZO adults 12 performers
& 2f Byron Ca le $15seniorsistudents
Sai; March 6, 2-4 pm Arts ~ Healing, trrrprov wr~r Ralphy Love $15 adults Ralphy Love
$12seniorsistudents
Sat, Mach 20 EmergingArtists -Rachel Correa RecrTal - winner of Talent 9iZ0 adults 1 pianist
Quest Miami $15seniors-students
March 27, 8 pm Rumi Reading with Sufi Drumming and Dance $ZO adults Peter Rogen, 5
$15seniorslstudents musicians
April date Emerging Artists -Jason Kush Concert (from Project S20 adults Jason Kush, plus
Co mrcus) with sax! iano $15seniotslstudents ianist
Sat, Apri13, 8 pm Arts 8< Heating workshop, Singing with David Kingery $15 adults David ttrrrgery
$12seniorslstudents
Mon, Apri126, PLANTS WITHOUT BORDERS -Coral Gables Garden Ctub FREE Steve Woodmansee,
Carol Hoffman
Sat, INlay f Arts & Healing workshop, Drama S15 adults TBA
$12seniorslstudents
May TBA Outside performer $20 adults TBA
$15seniorslstudents
Sat June 5, f 2, f 9 - Talent Quest Miami - at St John's B~Colony Theater $ZO aduks 2450 contestants
8 m $15seniorr/students
June date TBA Divine Debris 8 Glorious Trash art exhibit at Miami Beach Free, entry fee for artists
Botanical Garden
WEEKLY EVENTS
Indhriduat sin in classes tau h# b David Kinge SGdin scale David Kin e
Writers C ' ' us Grou - 48 writers week free Carol Hoffman
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Exhibit 2-A: Project Budget f Revised Total Project Budget
Name of organization: Arts at St. John's
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 neamst dollar.
EXPENSES
CASH IN-KIND
Personnel -artistic 21,000 5,000
Personnel -technical 3,000
Personnel -administration 12,000 10,000
Outside artistic fees/services 15.000
Outside other fees/services 1,000
Marketing/Publicity 12,350 _
Space rental 5,000_ 3,000
Utilities 0
Equipment rental 1,000 _
Office supplies 3,000_
Other Costs:
Fees, License
Misc.
(Itemize below)
1,250_ _
500
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
CASH IN-KIND
19,000 0_
0 0
3.000 0
3,000 3.000
12,000
3,000 15,000
15,000
0
_0
Other Contributions
Misc
(Itemize below)
25.05
City of Miami Beach Grant Award 20,074.95
Total cash expenses 75,100_
Total in-kind expenses 18,000
Total project expenses 93,100
CASH 81 IN-KIND
Total cash revenues 75,100
Total in-kind revenues 18,000
Total project revenues 93,100
CASH 8 IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Arts at St. John's
Date(s) of Project:
Grant Award: $20,074.95
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
Grant Expenses
Personnel -artistic
Personnel -technical
Outside artistic fees
Marketing/Publicity
Printing
Postage
Description Amount
TOTAL (must equal grant award): 20.074.95
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 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
15,000 Equipment Rental
_ Space rental (Performance
Related Only)
5,074.95
_ Total Other Costs (itemize
Below)
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r
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
• 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 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 2009-10 Fiscal Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performances}, such as programs, brochures and flyers.
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