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Grant Agreement with Mystery Park Arts Company d/b/a SoBe Arts for $14,686.67 I .20 /5 -p2 ?IV/ ... ......... 41111111■ MI 81■111.11=1111■1 City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2015/16 Cultural Affairs Grant Agreement This Grant Agreement("Agreement") is entered into this nth day of September, n i5, between the City of Miami Beach, Florida(the"City"),and ("Grantee"). Article I I Grant Description 1. Grantee: Mystery Park Arts Company d/b/a SoBe Arts Grant Contact: Dr. Carson Kievman Address: 2100 Washington Avenue City, State,Zip: Miami Beach, FL 33139 Phone,fax, e-mail : 305.674.9220, carsonesobearts.orq 2. Grant amount: $14,686.67("Grant"or"Grand Funds")50%paid upon execution of this Agreement. Remaining 50%paid on completion of Project and submission and approval of Final Report. 3. Project Description: See Exhibit 1, attached hereto("Project"or"Project Description"). 4. Itemized budget: See Exhibits 2-A(Project Budget)and 2-B(Grant Award Budget),attached hereto. 5. Contract execution deadline: November 15, 2015 6. Expenditure deadline: September 30, 2016 7. Project completion date: September 30,2016 8. Final Report deadline: Must be postmarked or delivered no later than 4i days after Project •mpletion date. IN WITNESS WHERE. •-,o.P. ►veto have executed this Agreement this day of it (Nem ,2015. Philip Levi Ma ,,-- '������ B ,,,,ii - z_______C - Attest - i 'Z , .....,,. i J s '•� S1-A 41LORIDA,COUNTY OF MIAMI-DADE ` ■N4k 't,'- ` Ra -el Granado,City erk i' • ,' S ,ms's"yet - • ' gin instrument was acknowledged before me (Grantee's Corporate Seal Here) g g sX INC DRP CAE d of YOO twk' -Y 2015,by ( -or 0.? . C,Vnod-v of 4 1 + _)A a not-for-profit J,,_,j.. ••,;'won. He/She is er onall known to me or has "" " •-oduced 1— ® as GRANTEE: identification. lipip Federal ID#: J 3 — 396' 2 / BY: "Qt - V:,!t� CV W1, - •Signature of Not. k Printed Name of Organization's Authorized Representative (City Attorney Approval Here) APPROVED AS TO Notary Name: LV,, ll//�C S 6 414.Y/ FORM & LANGUAGE Notary Public,State of Floriau & FOR EXECUTION ;.c.'‘......:,,,, LUCAS GALAN MY COMMISSION#FF166801 I My Commission Expire'. a�l S * EXPIRE?.October 7,2018 D� ' k— — l L''grF ``o�`°� Bonded Thru Budget Notary Services _` Of F\\\‘(..City Attorney D ■ 8. Accounting and Financial Review: Any activities funded by this Grant must take place during the City's fiscal year for which the Grant is approved (October 1 - September 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant Funds, in accordance with reasonable accounting standards, and shall retain such books and records for at least four (4) years after completion of the Project. 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 1-6. At the request of the City, Grantee shall provide the City (and/or its designated representatives) reasonable access to its files, records and personnel during regular business hours for the purpose of making financial audits, evaluations or verifications, program evaluations, or other verifications concerning this Grant, as the City deems necessary. 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. 9. Publicity and Credits: Throughout Calendar Year 2015, the Grantee must include the City of Miami Beach Centennial logo and the following credit line in all publications (where appropriate) that are related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Beginning January 1, 2016, the Grantee shall replace the City's Centennial logo with the City's standard logo in all publications (where appropriate) that are related to the Grant. Grantee's failure to comply with this ara ra h may preclude future grant funding from the City, in the same manner as if the Grantee defaulted p 9 P Yp 9 under this Agreement, pursuant to Article 11-13. Except as specified herein, Grantee shall not use the name, trademarks, or logos of the City without the City's advance written approval. 10. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, 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 of 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 defend 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 Statutes, 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 $200,000, 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 $300,000 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. 11. Assignment: The Grantee shall not be permitted to assign this Grant to any other party. Any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-13. 12. 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 3 of 9 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. 13. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement (a "Default"), 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 a Default, at the Cultural Affairs Program Manager's sole discretion, the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been received by the Grantee, as of the date that the written demand is received ("Demand for Recapture"). In the event of a Default,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 up to the date of termination and/or the Demand for Recapture.Additionally, Grantee will be ineligible to apply for or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for grants in fiscal years following the subsequent City fiscal year. b. For more than first-time violations - Any compliance infractions beyond first-time violations will be addressed 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 1-6 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. c. Notwithstanding the provisions of Section 13(a) or 13(b) of this Agreement, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Project, any unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. 14. No Waiver: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by City at any time shall in any way affect, limit, modify or waive City's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 15. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention 4 of 9 Center Drive, Miami Beach, Florida 33139-1819. 16. 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. 17. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 5 of 9 Article Ill / Miscellaneous Provisions 18. 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 Agreement. 19. 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.), which prohibits 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 Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, intersexuality, sexual orientation, disability, marital status, financial status, or age. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers that 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. Accordingly, the City requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 20. 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 INTENTIONALLY LEFT BLANK. 6 of 9 Exhibit 1 / Revised Project Description Organization: Mystery Park Arts Company d/b/a SoBe Arts Instructions: Describe the Project, in complete detail, as approved by the Grants Panel. In a separate narrative, detail all revisions to the Project, as approved by the City Commission. Please be as specific as possible, and include the name of any events, specific dates, venues, times, artists, etc. Use an extra page if necessary. Protect description as approved by Grants Panel: he 2015-2016 SoBe Arts season will build on the organization's track record and growing reputation for providing diverse, innovative,and high-level events, as well as family oriented programs, all drawing on the talents of superb local artists as well as world class visiting artists. Specifically we are requesting support to produce the world premiere of TESLA(an interdisciplinary music-theater work)on Miami Beach. Target audiences are the general public for entertainment and in hopes of restoring Tesla's name as one of the greatest 20th century geniuses, but also contributing to an awareness of the dangers of continuing mass consumption of fossil fuels, as Tesla predicted over a century ago. Pre-production work on TESLA will begin in the fall of 2015 with engagement of directors, designers, singers and musicians.Throughout the season work will continue on music preparation, costume, lighting, projection and scenic design and construction, as well as collaborative discussions for the use of scientific machinery, including the building of an authentic stage-scale TESLA COIL.We have a provisional agreement with the Colony Theater(South Beach)but are still considering the historic theater in the Deauville Hotel (North Beach). Rehearsals begin in May 2016 with performances currently planned for June 3-12,2016(Fridays&Saturdays at 8:00 p.m. -Sundays at 7:30 p.m.) Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects funded by Grants 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. 7 of 9 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: Mystery Park Arts Company d/b/a SoBe Arts Date(s) of Project: May 12 - July 30, 2016 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 20000 Personnel -technical 18000 Contracted services Personnel - administration 15000 Tuitions Outside artistic fees/services 66000 Corporate support 5000 Outside other fees/services Foundation support 47000 Marketing/Publicity 10000 1000 Individual support 8500 Space rental 16000 Government grants 25823 Utilities 4000 Federal 32000 Equipment rental 3000 State 25000 Office supplies 4200 II Other Costs: (Itemize below) Other Contributions (Itemize below) travel 25123 Food&Drink 2000 Food&Drink 1 000 Accounting&Legal 3000 Accounting&Legal 3000 Marketing&Design 1 000 insurance 2000 City of Miami Beach Grant Award $14,686.67 Total cash expenses 163323 Total cash revenues 165323 Total in-kind expenses 6000 Total in-kind revenues 4000 Total project expenses 169323 Total project revenues 169323 CASH & IN-KIND CASH & IN-KIND 7 of 9 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Mystery Park Arts Company d/b/a SoBe Arts Date(s) of Project: May 12 - July 30, 2016 Grant Award: $14,686.67 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. (Cultural Anchors are excluded from these restrictions.) Grant Expenses Personnel —artistic Equipment Rental Personnel —technical Space rental (Performance Related 14,686.67 Only) Outside artistic fees Marketing/Publicity Total Other Costs (itemize Below) Printing Description Amount Postage 14,686.67 TOTAL (must equal grant award): Allowable Grant Expenditures Related 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; and • 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. 8 of 9 Grant Use Restrictions Grant Funds may n I be used towards the following activities or items: • Remuneration of City of Miami Beach employees for any services rendered as part of a project funded by the City's Cultural Affairs grant programs; • Administrative salaries or fees (Cultural Anchors are excluded from this restriction); • "Brick and mortar' expenses or permanent equipment; unless the purchase price is less than the cost of rental; • City of Miami Beach fees or 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 are excluded from this restriction); • Travel or transportation; • Insurance Fees (Cultural Anchors are excluded from this restriction); • Social and/or 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; and • 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 by the Cultural Affairs Program Manager. Required supporting materials for final reports. • Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (copies of both front and back) and proof of expenditures of Grant monies. GRANTEE SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND CANCELLED CHECKS, ETC. ACCORDING TO THE CATEGORIES SET FORTH IN THE GRANT BUDGET (i.e. - all artist payments shall be separate from advertising payments). Invoices and checks must be dated within the 2015-16 Fiscal Year. • Proof of City logo and credit line in Project publications and advertisements. • Proof of performance(s), such as programs, brochures and flyers. 9 of 9