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Gold Coast Theatre Grants Agr. ~ . ., City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement This Grant Agreement is entered into this 6th day of January ~~BiI between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Gold Coast Theatre (Grantee). Article I I Grant description I. Grantee: Gold Coast Theatre PO Box 402964 Miami Beach FL 33140 305- 538-5500 305- 538-6315 judeparry@aol.com Address City, State, Zip Phone, fax, e-mail 2. Grant amount: $6,000 50% paid upon execution of this Agreement. ~~ With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by the City on or about August J, 2002. In the event of such shortfall, necessitating a reduction in the grant amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002, and upon completion of Project, submission and approval offinal report. 3. Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5. Expenditure deadline: Seotember 30. 2002 6. Project completion date: September 30, 2002 7. Report deadline: No later than 90 days after Project Completion Date. ~'''-- -..... 'C",,_', rN WITNESS WHEREOF, the parties hereto have executed this Agreement this 8th day of January,2tlix. 2 I BEACH GRANTE8 Gold COast Theatre Company Print Name of Organization Federal ID # 65- 01 31 71 7 w..~ (Grantee's Corporate seal) ~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Article II I 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the CounciL" 2. Proiect 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 tenns of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. 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. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall'not be permitted without the prior written consent of the Director ofthe Council. Said requests shall be made in advance to the Director, in writing, detailing and justifying the need for such changes. All Grant recipients must participate in at least one AmBeach Second Thursdays (see Article m-19). The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 2001/2002 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony W olfsonian-FIU Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualify it from future consideration from the City's Cultural Arts Grant Program. 3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grairtee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50"10 of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion ofthe City's Fiscal Year on September 30, 2002. 4. Amount of Grant and Pavrnent Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award. 5. Program Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. II 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: The Grantee must 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, such as vouchers, bills, invoices, receipts and canceled checks, shall be 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 Director ofthe Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, 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 Miomi Beach Cultrual Arts Council logo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. 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 instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a resuh 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 employees, agents, servants, partners, principals or subcontractors. 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 othetWise provided, shall in no way limit the responsibility to indemnify, keep and save hannless and defmed the City or its officers, employees, agents and instrumentalities 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 anyone 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. Assilmment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. 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 iffully set forth herein. 12. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council may 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 ~ent. Further, in the event of a breach of any term or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement. The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. 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 Director of the Council an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (I) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due. payable to the City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedies that may be ayailable 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 of the breach of failure occurs or at any time throughout the term of this Agreement 19. 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: David Whitman, Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive. Miami Beach, Florida 33139-1819. 15. Caotions Used in this A2reement: 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 Reoresents Total A2I'CCIl1ent: 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 flI I 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 services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and wilI 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 Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital 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. All Grant recipients must participate in at least one "ArtsBeach Second Thursdays" (Second Thursdays), a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon acceptance ofthe Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article n - 12 herein. [The remainder of this page is left intentionally blank] '1 Exhibit 1 / Project Description [Note: The following Project Description is revised to represent the possible Grant reduction. as a result of the potential City Resort Tax shortfall.] Organization: c:;o 1 n ('OiH:: t- Thea t re cOffioaniProjecttitle: 2001/2002 Season Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about Gold Coast Theatre Comoany's Participation in Second Thursdays The Company will participate in Second Thursdays with productions that are suitable for a variety of venues: *September 13, Gold Coast will present Viva! at the Jackie Gleason Invitation to the Arts. Viva! is an educational. participatory programabout Latin America that is slated to tour schools and festivals during October - Hispanic Heritage Month. This program has also been submitted to the Latin GRAMMY Fest *December 13, Gold Coast will present Holiday Hallelujahs outdoors on Lincoln Road, on Espanola Way, or at some other high traffic street location to be decided. Holiday Hallelujahs is a beauti.fully costumed Holiday pageant that features Cbrisbnas, Navidad, llannlclcah and Kwanzaa portrayed in story, music, mime and dance as a tribute to our multi-cultural community. This event will also be part of ArtBasel festivities. *January 10, Gold Coast Theatre Company will present excerpts fromPhantom of the Lyric at the Colony Theatre. Phantom of the Lyric is an original work that brings to life Miami's oldest theatre with Vaudeville, Burlesque, and the Glory Days of Overtown.. It pn:sents a short l1istol:)' ofentertainment ernphaai,.;ng the contributions of African- American artistes. This work will tour during Black History Month in February. *February 14, Gold Coast Theatre Company will present Wine, Women and Song at the Miami Beach Woman's Oub: a delightful performance that weaves history. theatre and music into a multi-character whirlwind variety revue- S(JfTt<'!timea il:mvercnt.-sometimes sobering.. always intoxicating! This production will tour throughout South Florida for Womens History Month and beyond *March 14, Gold Coast Theatre Company willpresent Earth to the Power ofTen at the Miami Beach Gardens: an educational ecology program for youth that mixes drama with special effects in a native American tale that tells of Florida's. creation and history. This production. willto\ll" throughout Florida in recognition of Earth Day. Additional participation in Second Thursdays may also occur, I~ , Gold Coast Outdoor Performances Gold CoastTheatre Company plans to perform at a minimum offour outdoor events to general audiences on Miami Beach. Each year the Company typically performs. at the Miami Beach Festival of the Arts, The Art Deco Festival, Taste of the Beach. First Night Miami Beach and it has also participated in the POW WOW tourism convention. and most other organized outdoor festivals on Miami Beach. The company provides to the festival organizers complete shows (typically 3~S minutes) and strolling characters. Some past shows have included "Winter Wonderland" and "The Women ofWicca", Strolling characters include Charlie Chaplin, Dorothy Parker, Queen Elizabeth (1 and II), Amelia Earhart, Thomas Jefferson, Hurricane Hattie and Cannen Miranda, Gold Coast Theatre-In.-Eduation. ~ams For Scbools and Youth Every school year Gold Coast Thealre Company tours about 150 Theatre-In-Education programs to South Florida Elementary, Middle, and High. Schools, For the 2001-2002 school year. the company will continue its highly acclaimed "Earth To The Power ofTen" program: an ecology and environmental education show that uses mime, masks, and special effects to teach children about environmental conservation..the arts, and Florida History. New to schools this year are two productions: "Viva!" A new interactive educational program featuring Latin America that will tour during the Hispanic Heritage Month. of October~ and "Phantom of the Lyric" that will tour in February for Black History month. Each program features up to two shows in each school, post-show classroom workshops, and pie- and post- show study materiala inc~ The Big Green Guide written by Jude pany. Gold Coast implemented programs in 200012001 at North Beach Elementary (December 14), Biscayne Elementary (April 11 ), at North Shore. Library and Miami Beam Library. Next school year it plans to perform in more Beach schools and libraries. The Company also tours other Theatre-In-Education programs including "Mime Speaks!", "Kano The Glutton", "Li.vmgHistory". "Uncle Science" and "Peter and the Wolf". Gold Coast Theatre Social Service and Community Proerams As well as giving free tickets to underserved audiences, Gold Coast Theatre Company also performs at social service and community venues throughout Dade County including facilities for senior citizens, low income families, alcohol and drug rehabilitation. centers, and homeless shelters. During this grant period the company will work in at least four such facilities on Miami Beach, Gold Coast will continue to develop relationships with South Beach Aids Project, The Miami Beach Senior Center, The HousingAuthority of the City of Miami Beach, and Douglas ---~-- , ~-,--------------- Grant Agreement .Revised Narrative Revisions to the originaI8"Id application lIJ'C as fonOWll: Second ThUI'lld4ys September 13 Event cancelled December 13 Holiday HaIellujmto bel...mnrnM atMJami.CltJ~Studios(Venuechange) January 10 Mime Speaks! To be performed atthe WoIfsoalan (Venue and showcbange) February 14 Wine, Women and Song to be performed at North Beach Recreation Center (Venue change) March 14 Earth to the Power ofTen to be performed at venue to be dedded (possible venue change) Additional participation in Second Thursdays may also occur ()ntdnnr ~ No chmges lIJ'C foreseen at this time ""..........m.:P~ fer Schools and youth .,.m...u- Phantom of. the. 4'ric- may be exc1uded.fmm.programming Otherwisc.-no changes lIJ'C foreseen at this time Social Service and ('nmmllni\v' Program No changes lIJ'C foreseen at this time .~ Exhibit 2-A: Project Budget I Total Project Budget [Note: The following Project Description is revised to represent the possible Grant reduction, as a result ofthe potential City Resort Tax shortfall.] Name of organization: Gold Coast TheatrfrojectTitle: '001/ '00' Company Date(s) of Project: o~t 1, 2001 - ~F!ph:>mher 30, 2002 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. ~-.- season EXPENSES REVENUES cash in-kind cash irHcind Personnel - artistic 11 ,290 8,000 Admissions 0 0 '" /Personnel- technical 1.F;nn~ Contracted services 12.000 0 ./ Personnel - administration 6,400 1 ,600 Tuitions 1 ,200 0 ,/ Outside artistic fees/services 3,200 400 Corporate support 7,200 4,060 ,/ Outside other fees/services 2,240 640 Foundation support 2,800 0 ./ MarketinglPublicity 6,560 180 Individual support 3,600 11 ,186 y' Space rental <;,200 1.726 Government grants ..Aravel 240 320 Federal 0 ./ Utilities ..i,91.0 0 State 6r,nn /Equipment rental Q60 1.280 Local 7,560 a/"" Office supplies ...aM 0 ,/ InsurancelSecurity J.,240 _.Q.. Other Costs: (Itemiu below) Other contributions (Itemiu below) FLod~ctioa Supplies 1,OQO Grant award 6,000 Total cash expenses Total in-kind expenses Total project expenses 46,568 Hi ,249 91,aO,-- (cash + in-kind) Total cash revenues Total in-kind revenues Total project revenues 46 <;60 1:;,246 61,886 (cash + in-kind) . . , Exhibit 2-B: Project Budget I Grant Award Budget [Note: The following Project Description is revised to represent the possible Grant reduction, as a result ofthe potential City Resort Tax shortfall.] Name of organization: f.:m.n rnll.~'I' 'I'H'Rll.'I'~#rOjectTitle: 1\)01/ 2002 SQ.1.SeR COMPANY Date(s) of Project: Oct 1, 2001 SeJ1l 39, 2002 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. GnDt Exoeues Personnel- artistic A,ggO Personnel- technical e Personnel - administrative 1.000 Space rental 2.000 Travel (local only) o MarketinglPublicity 1 000 . Outside artistic fees o Outside other fees 0 I II II Other costs (ltemlu below) TOT~ ggg . Grant requirements: Grant monies mIISt N spmt within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" Grant funds may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant ftom the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-county travel or transportation FWldraising events Hospitality events Events not open to the public