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IFP South Grant Agreement , . , ~City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement This Grant Agreement is entered into this ----aL day of Gt-co.k-, 2001 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and IFP South (Grantee). Article I / Grant description 1. Grantee: IFP South ~ Address 210 2nd Street City, State, Zip Miami Beach FL 33139 I Phone, fax, e-mail 305- 970-0056 ifp.miami@bigfoot.com I 2. Grant amount: $3,000 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 1, 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 of final report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5. Expenditure deadline: September 30. 2002 6. Project completion date: 'dLJL-'"I 10, ~OOQ.. r 7. Report deadline: No later than 90 days after Project Completion Date. . , , IN WITNESS WHEREOF, the parties hereto have executed this Agreement this J(J r day o(Jt;ClnlAbtfl..-, 2001. , GRANTEE! I'FP t. ~o I ')Tlt Print Name of Organi t10n Federal ill # 54 - ~~ - 3 J 1.3 q BY: "j€R(<.4 'BELL Printed Name of Chairman or President . ~r Jq. (3~L SIgnature BY: ~A-M:rN 0' BRIEN Printed Name of Chief Fiscal Officer ATIEST: ~tP~ Robert Parcher, City Clerk Signature 7~- BY: j. ':B. v'TCH--a<... Printed Name ofE (Grantee's Corporate seal) Signatu 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 ofthe Council." 2. Proiect DescriDtion: 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 ofthis 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 pennitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justifYing the need for such changes. AU Grant recipients must participate in at least one ArtsBeach S<<ond Thursdays (see Article ID-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 200112002 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 Wolfsonian-FlU Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disquality it from future consideration from the City's CulturaI Arts Grant Program. J 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 Grantee 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 50010 of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's Fiscal Year on September 30, 2002. 4. Amount of Grant and Pavment 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. Prolmlm 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. il 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 ofindividuals authorized to withdraw or write checks on Grant funds. 7. Accountine: 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. Furthennore, 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 ofM/ami Beach CulturalArts Council logo and the following credit line in all publications related to this Grant: THE CITY OF M1AM1 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 ll-12. 9. Liability and Indemnification: The Grantee shall indemnify and hold hannless 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 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 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 otherwise provided. shall in no way limit the responsibility to indemnify, keep and save hannless and defined the City .or its officers, employees, agents and instrumentalities as herein provided. I I i .~ If the Grantee is a government entity, this indemnificati.on shall only be t.o the extent and within the limitations .ofSecti.on 768.28 Florida Statute, subject to the provisi.ons .of that Statute whereby the Grantee entity shall not be held liable t.o pay a pers.onal injury or property damage claim .or judgment by any .one pers.on which exceeds the sum .of $100,000, .or any claim or judgment .or P.orti.ons thereof, which, when totaled with all .other claims .or judgments paid by the g.overnment entity arising out .ofthe same incident or occurrence, exceed the sum .of $200,000 from any and all pers.onal injury .or pr.oPerty damage claims, liabilities, losses or causes of acti.on which may arise as a result .of the negligence of the Grantee entity. 10. Assie:nment: The Grantee is n.ot pennitted t.o assign this Grant, and any purported assignment win be v.oid, and shall be treated as an event .of default pursuant t.o Article 11-12. II. C.omoliance with Laws: The Grantee agrees t.o abide by and be governed by all applicable Federal, State, C.ounty and City laws, including but n.ot limited to Miami-Dade County's C.onflict of Interest and Code .of Ethics Ordinance. as amended, which is incorporated herein by reference as if fully set f.orth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as iffully set f.orth herein. 12. Defaultffennination Provisions: In the event the Grantee shall fail t.o materially conf.onn with any .of the provisions .of this Agreement, the Director .of the C.ouncil may withhold or cancel all, or any unpaid instalhnents, of the Grant uP.on giving five (5) calendar days written n.otice t.o the Grantee, and the City shall have no further obligation t.o the Grantee under this Agreement. Further, in the event of a breach of any term or condition .ofthis Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all porti.ons .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 t.o apply t.o the City f.or another Grant for a .one year period commencing on the date the Grantee is n.otified 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 av~i1able to it under the law. 13. IndultzenCe WiD 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 offailure 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. j, 1 S. Cautions Used in this Aereement: 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. ~ I 16. Contract Reoresents Total Aweement: 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 m 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 ofthe terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. j ~ I ~ ! f i 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. . 'I" .. ;~ r . Exhibit 11 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: ,~p I ..so u'"i1"\ Project title: ~~~ -P~AAM I 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 their mentoring program. Our 200Q..2001 proposal to the City of Miami Beach included 4 panels/workshops to be presented as part of 2nd Thursdays. After the Grant Panel had met, however, we decided to add another series of movie screenings to our proposal. This program is called Garden Cinema and has been a real hit of 2nd Thursdays and for the IFP/South. As a result. we have postponed the panels until the heat will eliminate the possibility of holding outdoor screenings. First we offered an outdoors screening of Citizen Kane. People came as much as 2 hours early to get a good seat. We had coffee and appetizers from David's Cafe, and gorgeous roses by Roses by Karla, and each woman who came to the show received a beautiful rose. We set up fairy lights allover the 210 2nd Street Garden, and people stayed until the very last "Rosebud" is spoken in the film. Next we showed a wonderful French farce from the 1950's, and next a Spanish classic by Luis BuilueI. The event is elegant, relaxed and people love sitting under the trees with the Beach breezes blowing by. At other times, we have screened two recent surf movies for the Surfing community that comes to SouthPointe to surf. We have had as few as 50 people and as many as 150 for these lovely events. As regards 2nf Thursdays, we really appreciate the marketing, and try not to compete with everything else that's happening. We tell people to enjoy the other events and then come to us and relax! We will re-schedule the panels for the summertime. \ 1, . Exhibit 2-D: Project Budget I Grant Award Dudget [Note: The following Project Description is revised to represent the possible Grant reduction. as a result of the potential City Resort Tax shortfalL] Name of organization: 1ft I soflTlrJr . Project Title: A-NNVA'L- P~fiUtM Date(s) of Project: O(!;;f\,1.ilO\ - hv.9'lDllk~ Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. GraDt ExDeDHS Personnel- artistic Persoone1- technical Personnel - administrative ~frr:O Space rental Travel (local only) MarketinglPubIicity Outside artistic fees Outside other fees Other costs (ltemiu below) TOTAL ~ GI'lIIIt requirements: GI'lIIIt monies IffItSt be IpftII within budget CItegOries 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" Graat tuads may not be uIed for: RemUDel'lltion of City emp~ 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 Fundraising events Hospitality events Events not open to the public