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MB Garden Conservancy Grant Ag . City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement This Grant Agreement is entered into this a?? day of .DecepJ,~OOI between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Miami Beach Garden Conservancy (Grantee). Phone, fax, e-mail Article I I Grant description Miami Beach Garden Conservancy 2000 Convention Center Drive Miami Beach FL 33139 305- 673-7256 305- 535-8083 sobegarden@aol.com 1. Grantee: Address City, State, Zip 2. Grant amount: $10,500 5()oA, 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, 1001, 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, 1001, and upon completion of Project, submission and approval offinal report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5. Expenditure deadline: Seotember 30. 2002 6. Project completion date: ~/311()2- 7. Report deadline: No later than 90 days after Project Completion Date. Ii !i I IJ Ii 1(,. . , IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ;) ~ day of ~t1A4 ~ 2001. GRANTEE! /YJ/It!l7/ 8e'fJCH {!,fJ/';!YEN CoN're/!1lANC Print Name of Organization Federal ID # ~S- 0 '6/1 0'6 {{; BY: /3f2L,.(CE [)AvI1)/51)11..1 Pri~e4:7107: SIgnature BY: L YAlDIt lYtvl5 Printed Name of Chief Fiscal Officer Signa~~ ATTEST: ~Q~~ Robert Parcher, City Clerk BY: Printed Name of Executive Director (Grantee's Corporate seal) Signature APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION MBGC Arts Schedule 2001 - 2002 November 8th 2nd Thursday Latin AmerIcan Week - Parade d NatIons Miami St:eeI & PercussIOn Miami Dana! Machine 2nd Thursday SF Composers Alllana! Slte-specIfic Sound Installation Miami Childrens Chorus Oct 11th Dee 13111 Gustavo Matamoros(SF Composers AlHanc:e) Slte-specIfic Sound Installation BIott8r (sponsored by The MIsom Project) Art Exhibit 2nd Thursday Blotter (sponsored by The Misom Project) Art exhibit Ongoing: Dee 13111 - Dee 19111 Dee 27'" - Jan 31- Jan 14111 Eszt:er Gyory sculpture exhibition New World Symphony Free Concert Jan 10'" :znd Thursday Eszter Gyory sculpture exhibition SF Composers Alllana! SIte-specific Sound Installation The Deootones March 1- William KeddelI Site-specific photographic exhibition Lisa Remeny Art exhibition Palm Fesdval Events including lectures, demonstrations, exhibits :znd Thursday South Beach Chamber Ensamble Usa Remeny Art exhibition William KeddelI March 3n1 March 2nd - 10111 March 14111 April 6111 - April 13111 April 11111 WoIfsonlan cotlabuo alion "Aluminum By DesIgn- 2nd Thursday WoIfsonian collaboration "Aluminum By Designn April 22nd May 9111 New World Symphony Free concert 2nd Thursday Benjla Morgenstern Basket weaving :znd Thursday AfP Film SerIes 2nd Thursday 2nd Thursday Collaboration with the Bass Museum dArt June 13111 July 11111 August att' 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 Descriotion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit No. I. 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 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. All Grant recipients must participate in at least one Arts&ach S<<o"d Thlll'Sdays (see Article m-19). The following City of Miami Beach "Anchors" are required to provide specific information in their Project Description, attached hereto as Exhibit No, I, 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-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 Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days ofthe 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, JI 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 ovenuns 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. ProIUlUTl Monitorinl!: and Evaluation: The Director ofthe 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 Bondinl!:: 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. 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 weIl as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bilIs, 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 of the Councilor 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 ofthe Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee milst include the City ofMitunJ Beach CuIttual 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 II-l2. 9. Liability and Indemnification: The Grantee shaIl 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 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 shaIl 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 harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided. II I I , If the Grantee is a government entity, this indemnification shaIl 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 shaIl 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 shaIl be treated as an event of default pursuant to Article "-12. 11. Comoliance 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 iffuIly 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 shaIl have no further obligation to the Grantee under this Agreement. 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 shaIl repay to the City all portions of the Grant which have been received by the Grantee, but which have not actuaIly 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 (1) 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. Induhzence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 undel'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 I-I 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. 1 S, Cautions Used in this Arzreement: 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 A2reeI'Ilent: 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 perfonning 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 will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach 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. I 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 ofthis Agreement, as provided in Article II - 12 herein. [The remainder of this page is left intentionally blank] 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: Miami Beach Garden Conservancy Project title: Arts in the Garden 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. The year-round "Arts in the Garden" .program, which takes place in the Miami Beach Botanical Garden, is based on multicultural collaborations with a diverse and pluralistic selection of established and developing visual and performing artists and lecturers, Through the "Arts in the Garden" Program, the Conservancy: - o Provides a venue for established and developing artists to exhibit and/or perform their work for students to acquire new artistic interests and skills, using nature as the source of inspiration. o Offers cultural activities to a low- to moderate- income population that seldom has the opportunity to listen to classical music and see art exhibits in a non-threatening and non-rtaditional environment, The expanded use of this public facility and the multiple collaborations established with individual artists and cultural organizations are helping the Miami Beach Garden Conservanc to achieve one of its most important goals: to integrate nature and art, two essential elements that enrich the lives of Miami Beach residents, Please see attached "Schedule of Arts Events" for 2001 - 2002 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 of the potential City Resort Tax shortfall.] Name of organizationMi "mi Reach Garden C Project Title: Arts in the Garden Conservancy Dat~s)ofProject: Oct 1 2001 - Sept 30 2002 Attach a copy ofthe 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 rt ):1 I I I I I .~ Personnel - artistic Personnel- technical Personnel - administration Outside artistic fees/services Outside other fees/services MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Print'ini PORta.2:e Exhibitions Tnridentals HI'"re Rental Total cash expenses Total in-kind expenses Total project expenses cash in-kind REVENUES cash in-kind Admissions 10500 Contracted services 5000 Tuitions Corporate support 15000 5000 Foundation support "ln4R Individual support 5000 5000 Government grants Federal State 2420 lRlnn Qnon ROOO lnnoo 11 nno 1000 1000 1 "00 lono (Itemize below) 7040 1000 2000 3000 1000 (Itemize below) 14932 Other contributions T nt',,1 Grants SP"t'P Rental 5000 5000 Grant award 8400 64900 15000 Total cash revenues 64900 Total in-kind revenues 1 "non Total project revenues 79000 (cash + in-kind) 7QQOO (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 of the potential City Resort Tax shortfall.] NameoforganizationMial'li Bea",h G:'l-(l",,.. Project Title: ,:.-h, in ..h.. r-"r'>..n Date(s) of Project: OPt" 110m Qqp+- '3(\ ?OQ2 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant Exoenses Personnel- artistic Personnel- technical Personnel - administrative 3360 Space rental Travel (local only) MarketinglPublicity 1000 Outside artistic fees 3000 Outside other fees Other costs (ltem/.u Hlow) Printinl!: 540 Postage 500 TOTAL 8400 Grant requiremen1S: Grant monies must ~ SJIMI within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the Crty 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 fur any services rendered as part of a project receiving a gT8Ilt ftom the City of Miami Beach Cultura1 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 even1S Events not open to the public