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Grant Agreement with National Foundation for Advancement in the Arts, Inc. for $15,841.22 c d I.s---d-9/q/ _ ........ _sm. .....4■111111■ 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 30th day of September,, 2015, between the City of Miami Beach, Florida (the "City"), and("Grantee"). Article I/ Grant Description 1. Grantee: National Foundation for Advancement in the Arts, Inc. Grant Contact: Gail Epstein Address: 2100 Biscayne Boulevard City, State, Zip: Miami, FL 33137 Phone, fax, e-mail : 305.377.1140, gepstein @youngarts.org 2. Grant amount: $15,841.22("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: January 10, 2016 . 8. Final Repo,.. .(-dline: Must be postmarked or delivered no later than AI days after Project i'r` completion date. IN WITNESS , -,../a F,the parties hereto have executed this Agreement this ir day of •_ A- , 2015. f ., 111 Philip Le• -;-g.,..�`or de ` B� 1/4, Attest ,l ( _ i� .,' �� 3 .t 1;� _. .'•,....,...,„ ,,, A=TI•�LORIDA, COUNTY OF MIAMI-DADE i Clerk % #000."411,006%.,_ 1 �� Raf,; ranado, City C e ��1� ,ii G; tee's Cor'orate Seal Here %� olil ''', - _►�_ ORP OR�EN�go ' instrument was acknowledged before me ••it„...;• ®;+ •.•• ,� this 28 sly of October 2015, by 44 44: �‘ vim„ •. .\ / _�_;F , " _ of ill Dm, i -..5•••--- i ���' �" r,��.��+- �Ar.�.. ,a not-for-profit Z 108 ? ;„,c-, poration. He/�e s personally known to me or has +°�� �'•.��,' !►�._ �� produced as GRANTEE: "i*♦,•t * ''J 0% identification. 592141837 ®.111�� 59 Federal ID#: C: t0nre.., 1ro..41..0 CX1-0-4-v*-41.-% 2%024....x■s) BY: Claudette Donlon Signature of Notary Public Printed Name of Organization's Authorized Representative (City Attorney Approval Here) APPROVED AS TO Notary Name: Donna Lane Downey FORM & LANGUAGE Notary Public,State of Florida & F EX CUTION Q _ - G My Commission Expires: I f €oIl IC:" del(City Attorney D P sY DONNALANECREASMAN-DOWNEY �, 0161 MY COMMISSION#FF909539 % e" EXPIRES:August 19,2019 cc � 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 (the "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 1. All of the Grantee's expenditures shall be subject to the terms of this Agreement, as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. A mandatory dollar for dollar ($1 to $1) match by the Grantee is applicable to all Grant programs. Grant applicants must demonstrate this match through cash, other matching grants and/or in-kind contributions, which in-kind contributions may not exceed 25% of the total Project Budget. Line item changes to the Project 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 writing, detailing and justifying the need for such changes, in advance of the Project's commencement. 3. Reports: This Grant has been awarded with the understanding that the 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, which shall document the Grantee's satisfaction of 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, 2016, must submit their final reports no later than November 15, 2016. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee;or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions set forth herein). 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. Grant Funds will only be remitted to the Grantee once the Mayor and City Commission have approved the Grant award, and once all parties have executed this Agreement. 5. No guarantee of future funding: The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of City to continue or provide funding beyond the terms specified in this Agreement. 6. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an evaluation of the Project funded by this Grant, which may include, 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 City's Cultural Arts Council to obtain specific feedback from program participants. 7. Bank Accounts and Bonding: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds. 2of9 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 paragraph may preclude future grant funding from the City, in the same manner as if the Grantee defaulted 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: National Foundation for Advancement in the Arts, Inc. 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. Project description as approved by Grants Panel: YoungArts Week 2016 will be held January 3-10. Approximately 170 of the country's most talented 15- 18-year-old aspiring artists will be invited to Miami to participate in the week-long program. They are selected from an applicant pool that that has grown to about 11,000 annually. Each year these applications are screened through a rigorous evaluation process by panels of judges consisting of renowned local, national and international professional artists in each of the 10 disciplines that are our focus. Throughout the week,these young high school artists will be provided a platform to demonstrate their talents and be mentored by master teachers in their artistic disciplines through workshops and one-on-one sessions. It will afford these students the opportunity to polish their existing bodies of work and develop new techniques by working both within their own disciplines, as well as across disciplines. During the week,they will perform and exhibit at the professional level in top venues including the New World Center. These exhibitions and performances are open to the public for free or a nominal charge, providing a treat for both Miami-Dade County residents and visitors. The New World schedule is: Voice Performance: Classical, Jazz/Pop& Singer/Song Writers, January 4; Theater&Jazz Instrumental,January 5; Dance Performance& Cinematic Arts Screenings, January 6; Classical Music, January 7. YoungArts' name is synonymous with quality art and culture, based on its 34-year track record of identifying and mentoring the next generation of America's artists. 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. There are no changes to the project. We have confirmed the following acclaimed participants: During the week of workshops, master classes, performances and exhibitions, the students will be coached and mentored by approximately 100 renowned artists. Some of the Master Teachers and speakers scheduled for 2016 YoungArts Week include: Robert Wilson [stage director and playwright], Sarah Lamb [American principal ballet dancer with The Royal Ballet in London], Ann Reinking [Tony Award-winning actress, dancer, and choreographer], Tony Yazbeck[Tony Award-winning Broadway actor, singer and dancer], Rosie Perez [Academy Award, Golden Globe and Emmy-nominated actress, talk show host, dancer, and choreographer], Shelly Berg (jazz pianist, UM Frost School of Music), Bill T. Jones(Tony Award-winning choreographer), Ron McCurdy(Jazz Professor at the Thornton School of Music/University of Southern California and Director of the National Grammy Vocal Jazz Ensemble and Combo], and many others. 7of9 EXHIBIT 2-A: PROJECT BUDGET/REVISED TOTAL PROJECT BUDGET Name of Organization: National Foundation for Advancement in the Arts,Inc. Date(s)of Project: January 3--10,2016 EXPENSES Cash In-Kind Expenses Personnel-Administrative $ - $ - Personnel-Artistic $ - $ - Personnel-Technical $ - $ - Outside Artistic Fees $ 204,700 $ - Outside Technical Fees $ 67,000 $ - Marketing/Publicity $ 70,221 $ - Printing $ 29,879 $ - Postage $ - $ - In County Travel(Performance related only) $ 335,700 $ - Out of County Travel $ 150,000 $ - Equipment Rental $ 46,000 $ - Equipment Purchase $ - $ - Space Rental(Performance Related only) $ - $ - Insurance(Performance Related only) $ - $ - Utilities $ - $ - Supplies/Materials $ 22,600 $ - $ - Other Costs(Itemize Below) $ - $ - Awards $ 605,000 $ - Food&Beverage $ 261,000 $ - Resident Advisors $ 45,000 $ - Operational Expenses $ 9,130 $ - $ - $ - $ - $ - TOTAL CASH EXPENSES $ 1,846,230 $ - TOTAL IN-KIND EXPENSES $ - TOTAL PROJECT EXPENSES CASH AND IN-KIND $ 1,846,230 $ - REVENUES Cash In-Kind Admissions $ 12,061 $ - Contracted Services $ - $ - Tuitions $ - $ - Corporate Support $ 100,000 $ - Foundation Support $ - $ - Private/Individual Support $ 1,621,122 $ - Applicant Cash on Hand $ - $ - Federal $ - $ - State-Florida Cultural Affairs $ 21,000 $ - Local-Miami-Dade Cultural Affairs $ 76,206 $ - City of Miami Beach Grant Award $ 15,841 $ - TOTAL CASH REVENUES $ 1,846,230 TOTAL IN-KIND REVENUES $ - TOTAL PROJECT REVENUES CASH AND IN-KIND $ 1,846,230 $ - Exhibit 2-B: Project Budget / Revised Grant Award Budget Name of organization: National Foundation for Advancement in the Arts, Inc. Date(s) of Project: January 3-10, 2016 Grant Award: $15,841.22 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 Outside artistic fees 5,000 Only) Marketing/Publicity 5,000 Total Other Costs Printing 5,000 (itemize Below) 841 Description Amount Postage Outsile Technical F 841 15,841 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. 8of9 Grant Use Restrictions Grant Funds may Dgrt 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