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CAC Grant Agreement with University of Wynwood m MIAMI BEACH � z 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, Florida (the City), and (Grantee). Article I /Grant Description 1. Grantee: University of Wynwood Grant Contact: Scott Cunningham Address: 500 NE 56th Street City, State, Zip: Miami, FL 33137 Phone, fax, e-mail: 561.866.4370, scoff universityofwynwood.org 2. Grant amount: $13,755.92 50%of base award paid upon execution of this Agreement. Remaining 50% +$2,000 Fresh Air Fund 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-B Grant Budget, attached hereto ..5. Contract execution deadline: November 15, 2012 6. Expenditure deadline: September 30, 2013 7. Project completion date: April 30, 2013 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF,t e parties hereto have executed this Agreement this 2 Z day of �a"`h 201a az Matti errera Bower, ayor Attest: I Signature Rafael Granado,City Clerk TE OF FLO COUNTY OF MIAMI-DADE Grantee's Corporate Seal Here)2 e regoing instrument was acknowledged before me INC ORP )RATE tF> day of 2o1x,ty TED: Cu h n I n to iWN of t 0; a not-for-profit 2 rporation. WelShe is personally known to me or has produced as GRANTEE: identifica. n Federal ID 27-2502614 ( f �& BY: Signature of Notary Public P.Scott Qdk6fhoam,Director,O,Miami Poetry Festival (City Attomey Approval Here) ALAN V,SANJLEIt, Notary Name: :+ .,, ;r',. :`,it9:a 't• > :�I APPROVED AS TO Notary Public,St . a FORM &LANGUAGE &FOR aE UTION My Commission Expires: 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. 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, 4of10 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- 5of 10 Exhibit 1 / Revised Project Description Organization: University of Wynwood 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: O, Miami 2013 is a month-long poetry festival that begins on April 1, 2013 and ends on April 30, 2013. The festival's goal is to reach every single person in Miami-Dade County with a poem. O, Miami will present three different projects in the City of Miami Beach during the month of April designed to engage the city's audience with contemporary poetry. All projects will be free for audiences and participants. A. Airplane poems Building on the success of the airplanes poem project from O, Miami 2011, we will produce a more extensive version of Airplane Poems for O, Miami April 2013. Instead of choosing the line of poetry ourselves,we will open the selection process to the public,generating advance interest in the project. We will also schedule an event designed around the project in which multiple airplanes pass by a location on Miami Beach, each displaying a portion of the whole poem. The poems will fly every Saturday and Sunday in April, while the event will be scheduled for a weekday in the middle of April. B. Poetry Boat Parade Modeled after the Poetry Street Parade in Granada, Nicaragua, the first-ever Poetry Boat Parade will occur on the final weekend of April. The parade, composed of small motor boats, kayaks and other personal water crafts, will travel the waterways in and around Miami Beach. The principal boat will be outfitted with a PA system, and as the parade moves, poets will read their work to the crowd of boats as well as to the people on shore. Participating poets will be both local and visiting. C. Popcorn Poems O, Miami will manufacture popcorn bags with poems on them to be distributed at City of Miami Beach Sound Scape events and New World Symphony WALLCAST events at the New World Center during the month of April 2013.The poems on the bags will be chosen through two methods:A)a local online poetry contest and B) solicitation from participating poets in O, Miami. 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. O, Miami 2013 is a month-long poetry festival that begins on April 1, 2013 and ends on April 30, 2013. The festival's goal is to reach every single person in Miami-Dade County with a poem. O, Miami will present three different projects in the City of Miami Beach during the month of April designed to engage the city's audience with contemporary poetry. All projects will be free for audiences and participants. A. Airplane poems Building on the success of the airplanes poem project from O, Miami 2011, we will produce another version of Airplane Poems for O, Miami April 2013.The poems will fly every weekend in April.We will also schedule an event("B. The Poetry Parade")designed around the project in which multiple airplanes pass by Lummis Park on Miami Beach, each displaying a portion of the whole poem. B. Poetry Parade Modeled after the Poetry Street Parade in Granada, Nicaragua,the first-ever O, Miami Poetry Parade will occur on the final weekend of April. The parade will consist of local and visiting poets, local students, and 6of10 audience members. Local high school art students will construct "floats" for the parade: bicycle-size, highly-mobile interpretations of a poem.The parade will begin across from The Betsy Hotel,walk through Lummis Park, then back up the top of the beach until it reaches The Betsy again. Along the way, the parade will stop for readings, presentations of the student floats, and acoustic music. C. Popcorn Poems O, Miami will manufacture popcorn bags with poems on them to be distributed at City of Miami Beach Sound Scape events and New World Symphony WALLCAST events at the New World Center during March and April of 2013. 7of10 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: University of Wynwood 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 $30,000 _ Admissions Personnel -technical $17,451 Contracted services Personnel -administration $52,525 _ Tuitions Outside artistic fees/services $24,250 _ Corporate support $15,000 Outside other fees/services $23,800 _ Foundation support $175,000 Marketing/Publicity $27,066 _ Individual support Space rental $15,547 _ Government grants 9.244.08 Utilities Federal Equipment rental $5.561 _ State Office supplies $3,800 Other Costs: (Itemize below) Other Contributions (Itemize below) City of Miami Beach Grant Award 15755.92 Fresh Air Fund $2,000.00 Total cash expenses $200,000 Total cash revenues $200,000 Total in-kind expenses $15,000 Total in-kind revenues $15,000 Total project expenses $215,000 Total project revenues $215,000 CASH & IN-KIND CASH & IN-KIND 8of10 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: University of Wynwood Date(s) of Project: Grant Award: $13,755.92 + $2,000.00 Fresh Air Fund 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 $5,000 Equipment Rental $4,000 (NOT administrative) Personnel—technical _ Space rental (Performance $1,850 Related Only) Outside artistic fees $1,500 Marketing/Publicity $2,872.50 Total Other Costs (itemize Below) Printing $533.42 Description Amount Postage _ TOTAL (must equal grant award): $15.755.92 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 9 of 10 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 performance(s), such as programs, brochures and flyers. 10 of 10