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Miami Beach Garden Conservancy City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2011/12 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 27th day.of September 2011, _ between the.City of Miami Beach, Florida.(the City), and (Grantee). Article I I Grant Description , 1. Grantee: Miami Beach Garden Conservancy Grant Contact: Laura Jamieson Address: 2000 Convention Center Drive . City; State, Zip: Miami Beach, FL 33139 Phone, fax, a -mail : (305) 673 -7256 ext. 206, (305) 535 - 8083, IaiamiesonQ_mbgarden.orQ 2. Grant amount: $17,420.90 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 Project Budget and 2 -13 Grant Budget, attached hereto 5. Contract execution deadline: November 15, 2011 6. Expenditure deadline: September 30, 2012 7. Project completion date: September 30, 2012 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF the " art es hereto have executed this p i Agreement this i L tay 2011. Ma errera Bowe , Mayo _ Signatur Attest STATE OF FLORIDA, g OF MIAMI- DADE Robert Parcher, City Clerk The foregoing instrument was acknowledged before me Grantee's Cot orate Seal Here this' day of 2011, b j hau J r4 Gti'yvi[� Se�r of � rn� 6k ldQin _# .✓ ?.g , a not - for- profit x corporation. He he is personally k nown to me or has produced as _. identification. J GRANTEE: r . Federal ID #: 65- 0811036 Signature of Notary Public BY: Laura Jamieson Printed Name of Organization's Authorized Representative �f . � Notary Name: A (City Attomey Approval Here) ��itl 611f y� Notary Public, State of Florida `\e'►�ppm R. �� .• GpMMISS /O•.' APPROVED AS TO ; eptuary1. My Commission Expires- -7-: } F ORM & LANGUAGE s � � FOR ECUTION .� . o i e 2 _ mil `�bJ o Q �� dc ATE Q � ►!ilill811 ity Attorne Date Article II / General Conditions 1 Parties The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach,. a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee, who. shall be the City's Cultural Affairs Program Manager. 2. Project Description The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2 -B. A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate this match through cash, other matching grants and /or In -Kind contributions not in excess of -25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10 %) per category, and shall, in no event, exceed the total amount of Grant funds. -Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2 -B shall not be permitted without the prior written consent of the Cultural Affairs Program Manager._ Said requests shall be made in advance of the project's commencement, in writing, detailing and justifying the need for such changes. 3. Reports This Grant has been awarded with the understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year, or September 30, 2012; must submit their final reports no later than November 15, 2012. New Grant awards will not be released until all Final Reports for previous - years' funding are received. 4. Amount of Grant and Payment Schedule The total amount of the Grant is specified in Article 1 -2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support* of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation The Cultural Affairs. Program Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with orwithout limitation, visits by City .representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants. 6. Bank Accounts and Bonding Monies received pursuant to this Agreement shall be kept in accounts in established Miami -Dade County banks or .savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to.withdraw or write checks on Grant funds. 7. Accounting and Financial Review Funded activities must take place within the City's fiscal year for which they are approved (October 1 September 30).The Grantee shall. keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to 2of9 payments received and made in conjunction with this - Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved-' and retained in Miami -Dade County in a secure.place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. 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. 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 11 -12. 9. Liability and Indemnification The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, - shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the* extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $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. Assignment The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article II -12. 11. Compliance with Laws The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Default/Termination Provisions In the event the Grantee shall fail to comply with any of the 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: 3of9 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 Cultural Affairs Program Manager, on a case -by -case basis. As part of his consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the - date of the Expenditure Deadline specified in Article 1 -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 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. 1 1.3. Indulgence Will Not be Waiver of Breach The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices Any written notices required under this Agreement will be effective . when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139 -1819. 15. Captions Used in this Agreement Captions; as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 15. Contract Represents Total Agreement 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. 4of9 Article III / Miscellaneous. Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and /or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age. The City endorses the clear mandate, of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The 'City also endorses the mandate. of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and' requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the. State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- 5 of 9 r Exhibit 1 / Revised Project Description Organization: Miami Beach Garden Conservancy Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved. award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Project description as approved by Grants Panel Miami Beach Botanical Garden is a "natural" venue for year - round, - multidisciplinary cultural programming. Since 1997, we have presented a year -round schedule of visual and performing arts and environmental education programs that are diverse, multi- faceted and appeal to a cultural cross section, children and adults, residents and tourists. It is invaluable for us to be an integral part of cultural megaforces such as Art Basel Miami Beach, Design Miami, the South Florida Food and Wine Show and Environmental Film Festival. Planned programming for our 2011 -2012 season includes: e ART INSTALLATIONS: With the unveiling in October of a new garden landscape designed by v landscape architect Raymond Jungles, three prime locations are identified for outdoor installations. One is allocated for a public artwork - Miami Beach's Art in Public Places Committee is putting out, a call to artists and will commission a site specific, large, organic artwork for installation in the Garden as part of the CIP project. We will also present a series o_ f exhibits of works on loan from galleries and museums including Alejandra von Hartz Gallery, Carol Jazzar, Bernice Steinbaum, and Kavachnina Contemporary Gallery. Past collaborations presented exhibits of Edouard Duval Carrier "Vodou Gods" exhibit, Maria Cristina Carlini, Giants in the Garden with 24 monumental inflatable sculptures, the Elusive Landscape video production by Dinorah de Jesus Rodriguez, Environmental Cubism with Piag Museum and installations by Carolina Sardi, Henry Richardson, Nela Ochoa and Cristobal Gabbaron. Among the artists we are working with on 2011/12 sculptures are Frank Hyder, Manuel Millares, by Roberto Behar and Rosario Marquardt. While focusing on outdoor sculpture,. the Garden will also present a series of art exhibits of limited duration to showcase'the work.of emerging local artists with a message of environmental. sustainability. 2011 SLEEPLESS NIGHT: The Garden lends itself to outdoor productions with light and sound. We are presenting "Binti Botanica" with a video images, art installations, live music with three bands, flame dancers and eastern inspired dance. SEE ATTACHED SHEET FOR ADDITIONAL PROGRAMMING Project description as revised of applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach: There are no anticipated changes to the programming detailed in the original application. The Garden closed to the public on June 6, 2011 for a $1.2 Million landscape redesign by landscape architect Raymond Jungles, funded by the City of Miami Beach Capital Improvement Program. The project was on time and on budget— reopening five months later on October 25 with an incredible new landscape. Performance spaces, enhanced outdoor lighting and pathways, a large water garden, a visible and welcoming entrance plaza make the venue more accessible and focused on arts and cultural programming. 6of9 j i 2012 Programming (Continued) • LITERARY: The Miami Beach Author Series presents readings and signing. by authors of books that explore Miami Beach history and lifestyles. In an ongoing monthly program with Books & Books, we present authors with classic and newly released works. Recent presenters include Paul Reyes, Alex Daoud, Seth Bramson, Gerald Posner, Marcia Zerivitch, and Robert "Raven" Kraft. Scheduled are: Alan Shulman, Jeff Donnelly and Randall Robinson, Professor Carrie Penebad, Rebecca Plotner, Deborah Desillets • MUSIC: FIU's New Music Miami Festival will present a concert at the Garden on March 22, 2012. South Beach Chamber Ensemble: Music in Beautiful Spaces, a series of three concerts will be scheduled for Nov, 2011, March and May, 2012. • DANCE: Momentum Dance Company will perform Carnival of the Animals at the Garden's Halloween Family Day on October 29. This free family day officially opens the Garden to the public following a five -month renovation. The 2012 Miami Dance Festival returns to the Garden in May With a series of performance over one -week. Upwards of 100 people attended last year's Festival performance by Brazz Dance Theatre. • FAMILY FUN DAYS: The free Halloween Family Day will be followed by an Asian Spring.Festival in April and a "Giant" Summer Festival with inflatable sculptures, music performances, arts and crafts, storytelling and entertainment in August. • ENVIRONMENTAL ARTS CAMP: Instructors Winsome Bolt and Denise Marlowe will conduct art classes for youngsters aged 7 to 12 on Tuesdays in July and August with a focus on projects using plants, organic and recycled materials, painting and decorating rain barrels and recycling containers. • BOTANICAL BOOKS: The Garden's Book Club meets on the 2nd Tuesday of the month to discuss fiction and non - fiction books about natural science and ecology. • MIAMI BEACH WOMEN'S CONFERENCE: The Garden has become venue of choice for a March luncheon, hosted by Mayor Bower, celebrating Women's,History Month and the contribution women in politics, business, science, social service, tourism and arts. *PHOTOGRAPHY: We annually host the Miami Beach Photo Marathon that draws up to 1 200 photographers. In partnership with Fotomission, the Garden presents a series of 6 photography workshops. • ENVIRONMENTAL EDUCATION: A series of monthly lectures, demonstrations and workshops will focus on the new plant collections in the Garden, creating watergardens,, ' and wetlands, native plants, terrace and balcony planting,.the Go Green, Go Native environmental expo, and orchids. Exhibit 2 -A: Project'Budget / Revised Total Project Budget. Name of organization: Miami Beach Garden Conservancy Date(s) of Project: Attach a copy of the total Project budget or list cash expenses and cash revenues specifically identified with your program, project or events. Round off all numbers to the nearest .dollar EXPENSES REVENUES CASH IN -KIND CASH 1N -KIND Personnel - artistic 23,000 _ Admissions 1,800 Personnel - technical 34,000 _ Contracted services 148,000 Personnel - administration 160,000 _ Tuitions 2,000 Outside artistic fees /services 15,000 _ Corporate support 6,400 10,000 Outside other fees /services 7,000 Foundation support 1,000 Marketing /Publicity 8,500 6,000 Individual support 11,854 18,000 Space rental 0 0 Government- grants 0 0 Utilities 0 0 Federal 0 0 Equipment rental 10,000 _ State 0 0 Office supplies 5,500 _ Miami -Dade County $25,000 Other Costs: (Itemize below) Other Contributions (Itemize below) Telephone 4,500 Store /concessions .5,825 Plants & horticulture 56.000 21,000 City of Miami Beach 152.475 17,000 Fundraising & Dev 6,475 18,000 Insurance 8,800 City of Miami Beach Grant Award 17,420.90 Total cash expenses 371,775 Total cash revenues 371,775 Total in -kind expenses 45,000 Total in -kind revenues 45,000 Total project expenses 416,775 Total project revenues 416,775 .CASH & IN -KIND CASH & IN -KIND 7of9 Exhibit 2 -B: Project Budget / Revised Grant Award Budget Name of organization: Miami Beach Garden Conservancy Date(s). of Project: i Grant Award: $17,420.90 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 0 Equipment Rental 1,000 Personnel —'technical 0 Space rental (Performance Related :Only) Outside artistic fees 5,000 Marketing /Publicity 6,000 Total Other Costs (itemize Below) Printing 3.000 Description Amount Postage 420.90 Insurance 2,000 17,420.90 TOTAL (must equal grant award): 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 80f 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 • Insurance Fees (Cultural Anchors excluded from this restriction) • Social /Fundraising events, .beauty pageants or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials • Charitable contributions • Events not open to 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 2011 -12 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 9of9