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Miami Beach Garden Conservancy $17,542.14 0-0 12- dA02)` MIAMIBEACH City of Miami Beach Cultural.Affairs Program and Cultural Arts Council Fiscal Year 2012/13 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach, Fta� (Me City), and(Gr p: Article I /Grant Description 1. Grantee: . Miami Beach Garden Conservancy Grant Contact: Cindy Brown Address: 2000 Convention Center Drive City, State, Zip: Miami Beach, FL 33139 Phone, fax, a-mail : (305)673-7256 ext. 206(305) 535-8053, cbrownpmboarden.org • 2. Grant amount: $17,542.14 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 he€et,D 5. Contract execution deadline: November 15, 2012 6. Expenditure deadline: September 30, 2013 7. Project completion date: September 30, 2013 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of )IOWN, er- ,2012. 0 Matt" Herrera Bowe , Mayor Attest: Signature . Z 1 RafaEl Granado, City Clerk STATE OF FL IDA, COUNTY OF MIAMI- DADE • (Grantee's Corporate Seal Here) The fore ing in ument was acknowledged before me this day of Pi►-y�vl 2012,.by . eru ^' of ���iot-for-profit corporation. +4e/She" o-me-ar has produced t, 16 66y as identification. GRANTEE: Federal ID#: �OS Cpl<ca(40 BY: ('{ -beow11.a Signature of Nota Public Printed Name of Organization's Authorized Representative (City Attorney ApprovaLHOrel \oe 11111)/0� Notary Name: FORM &LANGUAGE G Notary Public, State+ Ion ooMM�ss,•;•�' &FOR E CUTION° PPril2g ® _wed #098° �: Z. 210— My Commission Ex � •,6//adthRl ey Vate is'°��jCS °�°: '•r'••�OP\\�� • ��111�11�14 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, 2013, must submit their final reports no later than November 15, 2013. New Grant awards will not be released until all Final Reports for previous years' funding are received. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for which they are approved (October 1 - September 30).The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami- Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2)years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by 2of9 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 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 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: 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. 3of9 l 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. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III / Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. 4of9 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- 5of9 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: • ART INSTALLATIONS: Architect Jungles designed"live galleries"to maximize visual impact for art installations, and created opportunities for art nestled among plantings, hung from trees, and incorporated in water features. Miami Beach Art in Public Places will place a sculpture in the Garden. Monumental, organic sculptures on loan from galleries and museums or commissioned from artists will be installed for 4 to 8 months then changed. We collaborate with such galleries as Alejandra Von Hartz, Bernice Steinbaum, Carol Jazzar, and Kavachnina. Exhibits under discussion for 2012/13 are Brazilian sculpture Hugo Zapata, Frank Hyder and Ena Marrero • 2012 SLEEPLESS NIGHT: The Garden is ideal for outdoor light and sound productions as demonstrated in "Pollinate Me"at Sleepless Night 2011 with aerial artists in trees, dancers in the water garden, fruit cascading from a fountain, and projections. We will present"LOOK UP"for Sleepless Night 2012 with stilt walkers, aerialists, treetop light installations &dancers on elevated platforms and cranes. • ART EXHIBITS: 2012/13 exhibits in the Banyan Room will showcase works by emerging artists juried by our Art Committee. • LITERARY: In partnership with Center for Literary Arts at MD College, funded by the NEA, on March 31 we present author Amy Stuart (www.amystewart.com) and the Poems of Emily Dickinson, featured for the Big Read Miami. Dickinson was more known for her gardening than her poetry. We'll create POE(TREE) with poems read, written and placed in a gumbo-limbo tree. A new partnership with Tigertail Productions presents 3 Poetry Slams on Feb. 9, March 21 & 29 at the Garden with teenage poets. Our MB Author Series with readings by local authors continues and the Green Book Club meets monthly. • Free Family Days at Halloween, Asian Spring Festival &Summer Giants in the Garden • Summer Arts Camp for ages 7 to 12 • Photo Marathon annually in March • Environmental Education Lectures and Demonstrations one Saturday each month • FILM: The Garden and ECOMB on Jan. 19 launched a quarterly film series with screening of Taking Root: The Vision of Wangari Naathai, the Kenyan Nobel Peace Prize Laureate. • MUSIC: FIU's New Music Miami Festival presents a concert on March 22, 2012 and for their 2013 festival. South Beach Chamber Ensemble will present concerts in January, May and September. • DANCE: Brazz Dance presents Brazz In Brazz Out on Feb. 23. The Miami Dance Festival returns for four performances in April 201 Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. Based on the city's decision not to present Sleepless Night in 2012, we will not be having thoise activities. Partnership has been established with the MGLFF to host additional outdoor film screenings. 6of9 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 IN-KIND Personnel - artistic _ Admissions 2,000 Personnel-technical Contracted services 2,500 Personnel - administration 161,000 Tuitions Outside artistic fees/services 23,000 6,300 Corporate support 5,352 38,700 Outside other fees/services 56,000 Foundation support 1,620 Marketing/Publicity 39,500 Individual support 17,758 6,300 Space rental Government grants Utilities 4,000 Federal Equipment rental 6,000 2,200 State Office supplies 4,500 local 25,000 Other Costs: (Itemize below) Other Contributions (Itemize below) Horticulture 56,000 7,500 Rentals 138,000 Fundraising 6,000 29,000 Merchandise 4,800 Insurance 8,800 Fundraising 18,000 Merch/plants 4,200 Interest 1,200 City operations Support 135,228 City of Miami Beach Grant Award 17542.140 Total cash expenses $369,000 Total cash revenues $369,000 Total in-kind expenses 45,000 Total in-kind revenues 45,000 Total project expenses $414,000 Total project revenues 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: Grant Award: $17,542.14 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 Equipment Rental Personnel—technical Space rental (Performance Related Only) Outside artistic fees Marketing/Publicity Total Other Costs (itemize Below) Printing Description Amount Postage Horticulture $171542.14 TOTAL (must equal grant award): $17,542.14 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 8of9 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 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 2012-13 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of erforman e p c (s), such as programs, brochures and flyers. 9of9