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Letter of Intent Mystery Park Arts Company, Inc. OM- 273 M LETTER OF GRANT AGREEMENT Grantee Name SOBE Institute of the Arts Contact Person Dr. Carson Kievman, PhD Executive Artistic Director, Mystery Park Arts Company, Inc. Contact Phone Number (305) 674 -9220 Grantee Address 751 Euclid Avenue, #2 Miami Beach, Florida 33139 Total Amount of City Grant $12,419.00 DEADLINES CONTRACT START DATE: October 1 2010 EXPENDITURE DEADLINE: September 30 2011 IN WITNESS WHEREOF, the parties hereto have executed this Agreement I I Authorized Signature A t ioriz; • . ignatur/ For SoBe Institute of the Arts (Grantee) ' o Ci of iami B- _c - ntor) Executive Artistic Director City Manager Title of Signatory Title of Signatory Carson Kievman Jorge M. Gonzalez Type or Print the above Signature Type or Print the above Signature °t 4/2fibi Date / Date The above signatory certifies that all information provided in the Letter of RN -6 Ac i. attachments are true and accurate. FORM &LANGUAGE & FO EXECUTION 1 /Pr":40 - 7-1 -0 ttorney u 1 ate GENERAL CONDITIONS 1. PROJECT AND BUDGET DESCRIPTION The City's Grant funds, identified in page 1 of this Letter of Grant Agreement, shall be used to match funds awarded to the Grantee in accordance with the attached Grant Agreement between the Grantee and Miami -Dade County Department of Cultural Affairs (MDCA Agreement) for improvements to the Little Stage Theater (the Project) (See "Attachment "A" hereto). The submitted budget for the entire Project shall be approved by the City Manager before any City grant funds will be disbursed; the Project budget, if approved, will be attached as "Attachment B" hereto. The Grantee's expenditure of grant funds is to be used only for the specific items identified in the Project budget. Any changes to the submitted budget must be reported, in writing, and approved by the City Manager, in writing, before being implemented. Failure to do so may result in repayment of all or a portion of the City grant funds, or future funding may be jeopardized, at the City's discretion. Pursuant to the MDCA Agreement and this Agreement, the Grantee may only use the award for the purposes described below: - Installation of 3 sections of seating risers with storage cart; 9 9 - Installation of 8 theatrical lighting fixtures with 20 lamps; and - Installation of HDTV screen with equipment and lightronics. 2. PAYMENT SCHEDULE AND REPORTING Upon execution of this Agreement and approval of the Grantee's Project budget, then the Grantee shall prepare an invoice and deliver it to the City of Miami Beach, Office of Real Estate Housing and Community Development, located at 555 17 Street, Miami Beach, Florida, 33139. Within 90 days of Project completion, but no later than by the end of the City's fiscal year, (i.e. September 30, 2011), the Grantee shall submit to the City Manager, or his /her designee, a copy of each paid invoice, attached to a copy of their proof of payment (canceled check, credit card statement, wire transfer, bank statement, etc.), reflecting the expenditure of the entire Project budget funds (as funded by both the City and the MDCA Agreement) for the approved purposes. All invoices and proof of payments submitted must be complete and conform to the budget previously approved by the City. Invoices incurred prior to the beginning of the fiscal year (i.e. October 1, 2010), are not reimbursable. Similarly, invoices incurred after the end of the fiscal year are not reimbursable and will not be accepted unless previously approved, in writing, by the City Manager. The City shall have the right to withhold grant funds or request reimbursement from the Grantee (as the case may be) , for any expenses for which no corresponding invoice or proof of payment is submitted pursuant to the aforestated timelines. The City assumes no obligation to provide financial support of any type in excess of the total grant funds being provided herein. Cost overruns are the sole responsibility of the Grantee. 3. FINANCIAL REVIEW 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, shall be retained by Grantee in Miami -Dade County in a secure place and in an orderly fashion, for at least two (2) years after the expenditure deadline. 2 The City may examine the Grantee's books, records, and documents during regular business hours and upon reasonable notice. Furthermore, the City may, at its own expense, audit (or have audited), upon reasonable notice to Grantee, all the financial records of the Grantee, whether or not purported to be related to this Agreement and /or the MDCA Agreement. 4. TERM The term of this Agreement shall be deemed to have commenced retroactively on October 1, 2010 and shall terminate on September 30, 2011. All conditions that must be met shall fall within those dates. 5. LIABILITY AND INDEMNIFICATION It is expressly understood and intended that the Grantee, as the recipient of City grant funds, is not an officer, employee or agent of the City of Miami Beach. Further, for purposes of the Agreement and the Project, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, and /or contractors shall not act as, nor give the appearance of that of, an agent, official, employee, servant, joint venture, collaborator, or partner of the City of Miami Beach. The Grantee shall indemnify and hold harmless the City of Miami Beach and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, lawsuits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from, the performance of the Agreement by the Grantee or its officers, employees, agents, servants, or contractors. The 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, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. 6. OWNERSHIP OF IMPROVEMENTS It is acknowledged by the Grantee that all improvements made, and equipment purchased and installed, pursuant to the grant funds allocated through this Agreement and the funding allocated by the MDCA Agreement shall be and shall remain property of the City of Miami Beach. 7. PROGRAM MONITORING AND EVALUATION The City Manager or his /her designee, 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. 8. BANK ACCOUNT AND BONDING Monies received pursuant to this Agreement and the MDCA 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 City Manager or his /her designee with the identity and title of individuals authorized to withdraw or write checks on grant funds. 3 9. PUBLICITY AND CREDITS The Grantee must include the City of Miami Beach logo and reference the City of Miami Beach, by name, in all publications related to this Grant. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement. 10. DEFAULT /TERMINATION PROVISIONS In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or his /her designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the City 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 City Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted City Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified on page 1 of the Agreement 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 City Manager or his /her designee, an extension of the Expenditure Deadline. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager or his /her designee 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. 11. INDULGENCE WILL NOT BE A 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. 12. 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 on page 1 of this Agreement, and to the City when addressed as follows: Kent Bonde, Redevelopment Coordinator, City of Miami Beach, Office of Real Estate, Housing and Community Development, 1700 Convention Center Drive, Miami Beach, Florida 33139 -1819. 13. 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. 4 14. 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 laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in a 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 LITIAGATION RELATED TO, OR ARISING OUR OF, THIS AGREEMENT. 15. CONTRACT REPRESENTS TOTAL AGREEMENT This contract, including its general and special conditions, represents the whole and total agreement of the parties. No representations, except those contained within this grant 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 and signed by both parties [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 5 /j 4C t/ I M IAM I DADS COUNTY Mi MI- E CO NTY D P RTMENT OF CUL L AFFAIRS Capital, Development Gran Proiram 9RANT AW ARD AGRE,E T - ARTICLE l 1.11 IAlA} I • 1- �1../sA•I�/A� MA ! / .AIA �AA.I The Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Mayor and the Board of County Commissioners are pleased to announce that Miami -Dade County has awarded a grant as described herein to Mystery Park Arts Company, Inc., dba SoBe Institute of the Arts (hereinafter referred to as the Grantee). The grant award is the result of an extensive public review process, which found that the Grantee is performing a public service through its programs and projects, and is awarded as follows: GRANTEE AND_ GRANT pESCIIPTION 1. GRANTEE: Mystery Park Arts Company, inc., dba SoBe Institute of the Arts (EiN# 13- 3462092) 2100 Washington Avenue, Miami Beach, FL 33139 2. AMOUNT OF GRANT: $12,532 3. PROJECT: Seating, Lighting and other Theatrical Furnishings for the Little Stage Theater (as described in the program application and any revisions attached hereto) 4. ITEMIZED PROJECT BUDGET: (as described in the Reinstatement of Project Budget attached hereto) 5. GRANT START DATE: October 1, 2010 6. GRANT END DATE: September 30, 2011 7. REPORT DEADLINE: November 15, 2011 The Parties hereto have executed this Agreement on the 4 a day of _, , 20 , C . MIAMi -DADE COUNTY, FLORIDA, by Its BOARD OF COUNTY COMMISStONFI a `,() Wi `,J " `s ..., _........4,...t._ _, . I- jerk a,{tTf . d Co n ; / Boarcc, i I : tbu :i si'oners Count Manager a • ignee GRANTEE: Articles I, II, ill, IV and V, together with their exhibits, the Restatement of Project Budget, origins . • : • _ . ', • . - . niversal Affidavit, make up this grant award contract. In signing this article, the undersigned officials, on behalf of the Grantee, certify that they have read and will abide by the terms and considerations set forth in the General Terms and Conditions for Grants (Articles II, III, IV and V) dated October, 2010 as provided with the grant award package, and with those provisions outlined in the notarized and attached Universal Affidavit. Further, the Grantee agrees that the funded project will be executed in substantially the form outlined in the original application as approved for funding; in accordance with the program guidelines of the Capital Development Grants Program; and within the scope of budget submitted in the attached Restatement of Project Budget. + r (Grantee's Corporate Seal) Signature Authorized Official #1 CKSON KiEVmAP t ` ( ' Ark-OS--t tC. c CTCI . Printed Name/Title Authorized Official #1 ),,,,.....,,._.; - \'''■ LI--A \ / Signature Authorized Official #2 NNic MA eA C 1 9.1 Ni) A , 5 moN • C)N21 (.Turz. Printed Name /Title Authorized Official #2 Approved for form and legal sufficiency by the Miami -Dade County Attorney (10/2010). 3 70) M' - 1 ? - 0) 1 t / a 10 • la P. ' l . LI _ '. GENERAL TERM NAMMONSERCAPITAL DEVELOPMEN '.GBA1I$ (Qctob ,, 19) -ARTIQtka JI, 111, IV find V ARTICLE II 1, Ms The parties to the Grant Award Agreement, which shall be referenced herein as the "Agreement," are the Grantee listed in Article 11, and Miami -Dade County, Florida, a political subdivision of the State of Florida. The Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County, and further provides that all functions not otherwise specifically assigned to others under the Charter, shall be performed under the supervision of the County Mayor or his designee. The County Mayor has delegated the responsibility of administering this grant to the Director of the Miami -Dade County Department of Cultural Affairs, who shall be referred to herein as the "Director." 2. Amount and Payment of Grant Awa The total amount of the grant is specified in Article 1.2. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any a whatever in excess of the total grant amount. Cost Y 9 P Po Y type p overruns are the sole responsibility of the Grantee. Grant funds will be supplied to the Grantee once the award is approved and subject to the conditions and limitations as outlined in the Agreement and its accompanying articles and attachments. Payment(s) of Grant funds will be made incrementally to the Grantee upon submission by the Grantee and upon approval by the Director of: documents showing evidence of unqualified right to occupy the premises for a period not Tess than five (5) years; and evidence of equipment having been received or paid for and/or documentation reflecting the amount of construction work completed in accordance with items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and canceled checks (front and rear) clearly designating payment for expenses associated with the project. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures, In addition, the Grantee must supply the Director with evidence that matching funds as specified in the budgets attached hereto as the Restatement of Project Budget, or as revised per written authorization by the Director, have been paid out for project expenses, For at least five (5) years from the completion of the Grant Project, the Grantee shall use the facility and/or equipment acquired and /or improved under this Grant Project for not - for - profit cultural activities involving cultural programs benefiting artists and audiences, and for no other purposes. Miami -Dade County's obligation to pay the award under the Agreement is contingent upon an appropriation by the Miami -Dade County Mayor and the Board of County Commissioners and on the availability of funds. In the event that County funds on which the Agreement is dependent do not materialize or are withdrawn, the Agreement is terminated and the County has no further liability to the Grantee, beyond that already incurred by the termination date. In the event of a County revenue shortfall, the total grant will be reduced accordingly. Such termination or reduction of the total grant shall not affect the responsibility of the Grantee under the Agreement as to those funds distributed. 3. Project Description: The Grantee may use the grant only for the purposes which are specifically described in Article 1.3, designated "Project," as documented in the Grantee's program application and in accordance with the published guidelines of the grant program through which this grant is being awarded. Any necessary changes in the scope of the project are cited in the attached Restatement of Project Budget. Further, it is expressly understood and agreed that the Grantee's program(s) supported by these grant funds must be open and accessible to the public, provide public exposure and benefit the public unless otherwise noted under Article V, "Special Conditions,' of the Agreement. Minor project revisions believed to be necessary for the purpose of completing the project, but which do not substantially alter the original project, its quality, impact, or benefit to the organization, the County or its citizens, must be requested in writing to the Director sufficiently prior to implementation of revisions for the Director's approval. Minor revisions include, but are not limited to those affecting project scope, venue, timeframe and participants, The Director will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices. 4. Project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and in accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the project covered under the Agreement. This budget is referenced in Article 1.4 and is attached to the Agreement as the Restatement of Project Budget, and the Grantee agrees that all expenditures will be subject to the terms of the Agreement and will not significantly deviate from the budget included as a part of the Grantee's program application or funding request information provided to the Miami -Dade County Department of Cultural Affairs. The page 1 of 7 General Terms and Conditions for Capital Development Grants (10/2010) Grantee agrees and expressly understands that any grant budget revisions including line item changes necessary for the purpose of completing the project must be requested In writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty-five percent (25%) of the total amount of the grant award, The Director will approve or disapprove the Grantee's request in writing within fourteen (14) business days of the date of receipt of the request in the Department's offices. 5. Grant End Date: The Grantee shall encumber all grant and matching funds on or before the Grant End Date as outlined in Article 1,6, Any grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty -five (45) days of the Grant End Date shall revert to the Department and the Agreement shall be terminated in accordance with Article 11.14. A project extension may be requested in writing from the Director at least thirty (30) business days prior to the Grant End Date, The Director, at his discretion, may grant an extension of up to one (1) year of the Grant End Date so long as such extension will not significantly alter the project including its quality, impact, or benefit to the organization, the County or its citizens, An additional one (1) year extension may be authorized by the Director if the Grantee can document in a written request sufficient grant project progress and cause for such an extension to be warranted. 6, Report Deadline: To demonstrate that the Grantee has used the grant award for the project as approved (Article 1.3.) and the Itemized Project Budget (Article 1,4.) as attached to the Agreement as the Restatement of Project Budget, and has met and fulfilled all requirements as outlined in the Agreement, original application, and any other substantive materials as may be attached or included as a condition to this grant award, the Grantee must submit to the Director or his designee, a written Final Report documenting that the Grantee is meeting or has fulfilled all project and financial requirements, This report is to be received by the Director or his designee by the date specified in Article 1.7, in the form specific to the program through which this grant is being awarded, The Grantee agrees and expressly understands that In making Final Report to the Department, any deviation from the grant expense budget attached to the Agreement as the Restatement of Project Budget must be requested In writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty-five percent (25%) of the total amount of the grant award. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also require that a compilation statement or Independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an independent certified public accountant at the expense of the Grantee. The Grantee shall attach to the Final Report, copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and copies of canceled checks (front and rear) clearly designating payment for expenses associated with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. In the event that the Grantee fails to submit the required Final Report by the deadline date specified in Article 1,7., the Director may terminate the Agreement in accordance with Article 11.14. Further, the Director or his designee must approve this report before the Grantee is deemed to have met all conditions of the grant award. 7. Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County representatives to: observe the project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and /or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of ail meetings of its Board of Directors or governing board, general activities and project - related events, in the event the Director or his designee conclude, as a result of such monitoring and /or evaluation, that the Grantee is not in compliance with the terms of the Agreement, is not fulfilling other program requirements or stipulations for which this Grant has been provided or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Director or his designee must provide in writing to the Grantee, within thirty (30) days of the date of said monitoring/evaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the project or fulfill the terms of the Agreement within a reasonable time frame. If Grantee refuses or is unable to address the areas of concern within thirty (30) days of receipt of such notice, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. page 2 of 7 General Terms and Conditions for Capital Development Grants (10/2010) Further, in the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed in full or in part, then the Director may request the return of the full or partial grant payment. At the Director's sole discretion, a Grantee found to be deficient or in default of a previous grant contract may be declared permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director, If Grantee is not in compliance with the conditions of any other County agreement, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. 8, Dopk Accounts: Monies received pursuant to the Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on grant funds from the banking institution identified on the 'Bank Account Disclosure" form submitted by the Grantee, These accounts need not be accounts which are segregated from other accounts maintained by the Grantee. However, it is highly recommended that the Grantee maintain a separate account for these grant funds. 9, Accougti and, Financial Rsyjll w: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this grant award and any matching funds required in conformance with reasonable general 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 Grant End Date specified in Article 1.6.; the expiration of an extended grant period as approved by the Director; the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and/or project or activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. 10. Publicity Credits; The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: "With the support of the Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners." The grantee must also use the County's logo in marketing and publicity materials whenever possible. Please call the Department to request an electronic logo file or download it from our website (www. miamidade arts .orq). By accepting County funds, the grantee is required to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. In addition, grantees receiving funds through the YAM, YEP, SAS -C and AKi grant programs must include The Children's Trust logo and the following statement in all materials related to the grant project, including but not limited to newsletters, press releases, brochures, fliers, websites or any other materials for dissemination to the media or general public: 'The (insert event /program name) is funded by The Children's Trust, The Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County,' To download an electronic version of The Children's Trust logo, please go to: The Children's Trust Media Kit & Logos . Note: In cases where funding by The Children's Trust represents only a percentage of the grantee's overall funding, the above language can be altered to read 'The (insert event/program name) is funded in part by The Children's Trust,.." 11. t lability and Indemnification: It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, its Mayor, the Department of Cultural Affairs or the Cultural Affairs Council. Further, for purposes of the Agreement and the grant project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. page 3 of 7 General Terms and conditions for Capital Development Grants (10/2010) The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as nor give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in the Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miami -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract, and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The 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 County, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The Grantee expressly understands and agrees that any insurance protection required by the Agreement or otherwise provided shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, employees, agents and instrumentalities as herein provided. 12. Assignment, The Grantee is not permitted to assign this grant award or any portion thereof. Any purported assignment will render this rant null and void and the Grantee shall be subject to immediate rescission of the full amount of the grant award and 9 subject 9 reimbursement by the Grantee of its full value to the County. 13, Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and the terms of grants made to Miami -Dade County and the Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, of which this grant is a sub grant, including, but not limited to the following Miami -Dade County Ordinances, Resolutions, sections of the County Code and federal laws: (a) County 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 fully set forth herein; (b) Section 2 -8.1- of the Miami -Dade County Code - Ownership Disclosure; (c) County Ordinance No, 90 -133- Amending Sec, 2 -8.1; (d)(2) - Employment Disclosure; (d) Section 2 -8.6 -of the County Code - Criminal Record; (e) County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; (f) County Ordinance No. 142-91 codified as Section 11A -29 et. seq. of the County Code -- Family Leave; (g) County Resolution R- 385-95 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: (1) The Americans with Disabilities Act of 1990 (ADA), Pub.L. 101 -336, 104 Stat. 327, 42 U.S.C. 121 01 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; (2) Title II, Public Services; (3) Title 111, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; (4) Title IV, Telecommunications; (5) Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973,29 U.S.C, Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U.S.C. Section 3601 - The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2 -8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes page 4 of 7 General Terms and conditions for capital Development Grants (1012010) The Grantee has certifiably indicated compliance with these laws, ordinances and resolutions by properly executing the affidavits attached hereto, Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25-97 and No. 98 -17, § 1,12 - - 98. Additionally, if the Grant Project involves construction work, the Grantee shall notify the Director of any applicable federal labor compliance requirements regarding procurement and pre-award procedures prior to scheduling pre - construction conferences; submit to the Director all plans and specifications and receive the approval of the Director prior to issuance and implementation; and comply with all applicable provisions of applicable municipal, state, federal and County laws, regulations and rules. 14, Remedies: In the event the Grantee shall fail to materially conform with any of the provisions of the Agreement or its attachments referenced herein, the Director 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 County shall have no further obligation to the Grantee under the Agreement, Further, in the event of a material breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County 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 this grant is canceled or the Grantee is requested to repay grant funds because of a breach of the Agreement, the Grantee may be declared permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the County for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in the Agreement, are to be repaid by delivering to the Director a certified check for the total amount due, payable to the Miami -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under the law. 15. indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision or any portion of the Agreement either at the time the breach or failure occurs or at any time throughout the term of the Agreement, 16, Written Notices: Any written notices required under the Agreement will become 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 the Agreement, and to the Director when addressed as follows: Director, Miami -Dade County Department of Cultural Affairs, 111 NW First Street, Suite 625, Miami, Florida 33128. 17, Captions Used in the Agreement: Captions as used in the 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. 18. Contract Repr sen #s Total Agre ement: The Agreement, including its special conditions and attachments, represents the whole and total agreement of the parties. No representations, except those contained within the Agreement and its attachments, are to be considered in construing its terms, Other than as specified in this agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners and Mayor. page 5 or 7 General Terms end Conditions for Capital Development Grants (10/2010) ARTICLE ill -1NaVRANCg The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of Insurance indicating that insurance has been obtained which meets the requirements as outlined below; 1. Workers Compensation Insurance for all employees of the Grantee as required by Florida Statute 440. 2. Commercial General Liability Insurance in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no less than "Bn as to the management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2, The Company must hold a valid Florida Certificate of Authority as shown in the latest "List of All insurance Companies Authorized or Approved to Do Business in Florida," Issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty Fund, Certificates must indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. ARTICLE IV - TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner its obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of the Agreement, the County shall thereupon have the right to terminate the Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination, Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V - SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds. Payment(s) of Grant funds under this particular agreement will be made incrementally to the Grantee upon submission by the Grantee and upon approval by the Director of: evidence of equipment having been ordered or paid for, and /or documentation reflecting the amount of construction work authorized in accordance with items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original invoices, bills, vouchers, receipts, or canceled checks (front and rear) clearly designating payment for expenses associated with the project. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant page 6 of 7 General Terms and Conditions for capital Development Grants (10/2010) expenditures, Notwithstanding the above, the requirements contained in Article 11,6 of this Agreement are unaffected and unchanged by the provisions of this Article V special condition. The grant is awarded to this Grantee with the understanding that the Grantee is performing a public purpose through the programs, projects and services recommended for support, Use of these funds for any program component not meeting this condition will be considered a material breach of the terms of this Grant Agreement and will allow Miami -Dade County to seek remedies including, but not limited to those outlined in the Articles and Exhibits of the Grant Agreement, Grant funds may not be used for any of the following types of expenses: proposal preparation; repayment of prior debt or deficit reduction; debts, contingencies, fines and penalties, interest and other financial costs; expenses incurred or obligated prior to or after the grans period; travel or transportation costs to cover expenses for staff travel or presenting programs /activities outside of Miami - Dade County; remuneration of County employees for any services rendered as part of a project receiving a grant through the Department of Cultural Affairs; social /fundraising events; beauty pageants; sporting events played or hosted outside of Miami -Dade County; income generating events for an organization other than the applicant organization; hospitality costs including private entertainment, food, beverages, decorations or affiliate personnel; cash prizes, awards, plaques, or scholarships; re- granting; lobbying the County Commission or the Mayor, the judicial branch, or any public agency or office, or for propaganda materials; charitable contributions or donations; or events which are restricted to private or exclusive participation (by invitation and/or purchase requirements that exceed the cost of a typical, standard ticket to an event/performance), including restricting access to programs or facilities on the basis of race or ethnicity, color, creed, national origin, religion, age, gender, sexual orientation or physical ability. page 7 of 7 General Terms and Conditions for Capital Development Grants (10/2010) MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS RESTATEMENT OF PROJECT BUDGET • CAP PROJECT INFORMATION Fiscal Year l Program: FY 2010-2011 Capital Development (CAP) Grants Program Organization Name: Mystery Park Arts Company, Inc. d.b.a. SoBe Institute of the Arts Project Title: Completing the Restoration of an Historic 1937 Theater Dates of Activities: October 1, 2010 through September 30, 2011 Necessary changes In the project (if any): We will purchase three sections of risers rather than four. Due to reduced grant award we will not be able to purchase stage curtains (with track and installation) and window shade treatments GRANT AWARD BUDGET Itemize cash expenses to be expended from the grant award. Expenditures must equal the total amount of the grant award as listed on the Grant Award Agreement, Round amounts to the nearest dollar (do not show cents). NOTE: The items specified in this budget tis. correspond with the Grant Dollars Allocated column of the Project Expense Budget on your original application form, G RANT AWARD EQUIPMENT PURCHASE (ITEMIZE): Risers with storage cart — 3 sections 9882 8 theatrical lighting fixtures and 20 lamps 1050 Screen with equipment and Lightronics 1600 RENOVATION l REHABILITATION (ITEMIZE): NEW CONSTRUCTION (ITEMIZE): OTHER COSTS (ITEMIZE): TOTAL CAP GRANT AWARD: 12532 CAP Restatement of Project Budget (1012410) Page 1 — — - PROJECT BUDGET List cash expenses and revenues specifically identified with your CAP project. Round amounts to the nearest whole dollar (do not show cents). NOTE: Total project expenses and revenues must equal. CASH CASH EXPENSES REVENUES EQUIPMENT PURCHASE (ITEMIZE): CORPORATE SUPPORT Risers with storage cart Y 3 sections 4 ! Za FOUNDATION SUPPORT 8 theatrical lighting fixtures and 20 lamps PRIVATE 1 INDIVIDUAL SUPPORT Screen with equipment and Lightronics r 1 GOVERNMENT GRANTS (IDENTIFY SOURCE): FEDERAL: STATE: LocAL: jy of Miami Beach match _ 12532 RENOVATION 1 REHABILITATION (ITEMIZE); APPLICANT CASH ON HAND .... .. OTHER REVENUES (ITEMIZE): NEW CONSTRUCTION (ITEMIZE): .. OTHER COSTS (ITEMIZE): CAP GRANT AWARD 12532 SUB TOTALS: 25064 SUB TOTALS: 25064 TOTAL EXPENSES: 25064 TOTAL REVENUES: 25064 Prepared by: SIGNATURE o '°° ' : r 1 n.z....._ DATE t 1 "' f TYPED / PRINTED NAME A t+} t ? t S""`f+IN) TITLE /1 f t ±.► t rl `tom ie.l CVO CAP Restatement of Project Budget {1412010) Page 2 of 2 MIAMI -DAD COUNTY DEPARTMENT QF CiVrfPPRAL AFFAIRS UNIVERSAL AFFIDAVITS Each section of this form must be read, and initialed indicating acceptance and/or compliance with the County's policy related to the particular affidavit. For affidavit sections that you do not believe are applicable to your organization, please indicate this by placing "NIA" in the blank and your initials next to the "N /A." ALL SECTIONS MUST BE COMPLETED, either with your initials indicating compliance or "N/A" indicating non - applicable. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and it will be returned to you for completion. The MIAMI•DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMi- DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or any political subdivision or agency thereof, or any municipality of this State. The MiAMi -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, ft shall, however, pertain to municipalities of the State of Florida. I, ,gt t Q S i being first duly sworn state: (Name of Affiant / Authorized Official) The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): 1'3-'346 Federal Employer Identification Number `� 1� ' N1 `{ f A t� r A 2-T S C i�M i T�} ' S`V CV J1 pc Tos A RT( Name of Entity, Individual(s), Partners, or Corporation 1 OD it s-ra fA t L 3 3 Street Address City State Zip Code ... N.M. 1, MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. 0 the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State of Florida or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership 96 2. The full legal name and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Miami -Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disuse the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500) or imprisonment in the County jail for up to sixty (60) days or both. Universal Affidavits (10/2010) Page 1 of 3 iI, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 - 133. Amending sec, 2,8 Subsection (d)(2) of the County Cafe), Except where preluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining . , reement with your employees? __. Yes _ No 2. Does your firm provide paid health care benefits for its employees? Yes ,___. No 3. Provide current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: ._..._ Males -,_ Females Black: ._.. Males ...�.. Females Hispanic; Males ._..... Females Native American; ,_._. Males Females Asian: Males ._.,._ Females Aleut (Eskimo): _....- Malmo ,,.._ Females : �.�. Males Females . 11i. MIAMI - DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 of the County Code) The individual or entity entering into a contract or receiving funding from the County �.. has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI -DADE COUNTY EMPLOYMENT DRUG - FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 - 15 coded as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No, 92 -15 of the Code of Miaml -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace; 2, the firm's policy of maintaining a drug-free environment at all worfcpiaces; 3. availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that may be imposed upon employees for drug abuse vlolations. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shaft be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental c\AJK entities, i\J P� V. MIAMI-DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAV (County f ( Ordinance No. 142 -91 codified as Section 11A -29 et, seq, of the County Code) That in compliance with Ordinance No, 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working In MIaml -Dade County for each working day during each twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: Universal Affidavits (10/2410) Page 2 of 3 An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a gild, spouse or other dose relative who has a serious health condition without risk of termination of employment or employer retaliation, The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof, it shall, however pertain to municipalities of this State. O AC-1 Vi. MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R.385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies wfth all applicable requirements of the laws fisted below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327, 42 U. S. C. 12101 -12213 and 47 U. S. C. Sections 225 and 611 including Title I, Employment; Title i1, Public Services; Title iIi, Public Accommodation and Services Operated by Private Entities; Title iV, Telecommunications; and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 U .S. C. Section 1612: The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State. 1 4-, VII, MIAMi -DADE COUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TABS (Sec. 2- 8.1(c) of the County Code), Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes - including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. ,'"A VIII. ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF COUNTY FUNDING SUPPORT By initialing this subsection and ac oeptng County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. I have carefully read this entire three (3) page document entitled, 'Universal Affidavit' and have initialed all affidavits that pertain to this contract and have indicated by "NA' all affidavits that do not pertain to this contract, f--- (Signature of Affiant) (D SUBSCRIBED AND SWORN TO (or affirmed) before me this 1 3" day of .. t\ V i- M P e f2,. 20 I 0 by N)—e.- / ;.t LS . (Name of Affiant - Printed) HeIShe: tit has produced F L . D r`, V42 124 C e -t S e_ as identification. (T e of Ideritification) (Signature of Notary k: _.._, Notary Public Imprint of Notary Seal Notary Public State or Florida ..• '„ Edward Cahn r , 7 MY `o mmesston 0 0074828 E (Name of Notary T � '" j :,• • ``` • State of Florida - County of t.i✓e .A., --wk...,- Universal Affidavits (10 /2010) Page 3 of 3 spEe Arts SoBe Institute of the Arts Board of Directors List (as of 7 /01/2010) Ray Breslin, President, Collins Park Neighborhood Association, Miami Beach, 255 W. 24th Street, Box CU6, Miami Beach, FL 33140 Leslie Cooper, DouglasEllimanFlorida, Real Estate 1691 Michigan Ave., Suite 210 Miami Beach, FL 33139 305.695.6017 Saul Gross, Former Miami Beach Commissioner, President, Streamline Properties, 2900 Flamingo Drive, Miami Beach, FL 33140 Carson Kievman, PhD - Artistic Director & President Mystery Park Arts Company 751 Euclid Avenue, Suite 2, Miami Beach, Florida 33139 Tel.: (305) 674 -9220 Carl Kruse, Tachion Projects, Inc., 1840 Chucunantah Rd, Miami, FL 33133 Nancy Liebman, Former Miami Beach Commissioner, 9 Island Ave, #408 Miami Beach, FL 33139 Mark Needle, J.D. - an educator with Miami -Dade County Public Schools 914 Lenox, Apt. 5, Miami Beach, Florida (305) 914 -0014 Ronald A. Unger, CPA, Gerson, Preston, Robinson and Co., P.A. - 666 71st Street, Miami Beach, FL 33141 305 -868 -3600 Ext. 1128 Board of Advisors List (as of 7/01/2010) Tracy Brighty, Executive Director, Lied Austria Diane Camber, Executive Director of the Bass Museum of Art (retired) Charlie Cinnamon, Charles Cinnamon Associates, Public Relations Jack Firestone, Firestone Capital Mgmt.; Former Exec. Dir., Louisville Arch. Jack Gelfand, PhD Dir of' Research Admin and Dev - SUNY- Oswego, New York, Karen Fryd, Director, South Florida Youth Foundation Howard Herring, CEO, New World Symphony Horst Kohlem, Sculptor and painter, Miami Beach and Karlsruhe, Germany Gustavo Matamoros, Composer /Director, Subtropics Music Festival, Miami Albert Milano, CEO Concerts Associates Johnny Regan, President, Vision -Miami John Richard, President & CEO, Adrienne Arsht Center for the Performing Arts Laurinda Spear, Co- Founder /Principal, Arquitectonica. Edward Villelia, Founding Artistic Dir. /Chief Exec. 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