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Resolution 2019-30677 RESOLUTION NO. 2019-30677 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO RESOLUTION NO. 2018-30499, EXHIBIT E, CULTURAL ARTS COUNCIL GRANTS, TO INCLUDE AN ALLOCATION OF $21,750 TO MIAMI DESIGN PRESERVATION LEAGUE, AS RECOMMENDED BY THE CULTURAL ARTS COUNCIL AT ITS DECEMBER 13, 2018 MEETING, FOR A TOTAL ALLOCATION OF $861,254 FOR THE FY 2018-2019 CULTURAL ARTS ANCHOR GRANT PROGRAMS. WHEREAS, the Miami Beach Cultural Ms Council ("CAC") was established by the Mayor and City Commission on March 5, 1997; and WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and performing arts in the City of Miami Beach (the "City") for the enjoyment, education, cultural enrichment, and benefit of the residents of, and visitors to, the City of Miami Beach; and WHEREAS, on June 3, 1998, the Mayor and City Commission adopted the Cultural Arts Master Plan, identifying the following program areas for the CAC: cultural arts grants; marketing; facilities; advocacy and planning; and revenue development; and WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year shall be adopted by the Mayor and City Commission, and accordingly, the CAC recommended a $1,481,000 budget allocation for FY 2018/19 to continue implementation of its programs, which allocation was adopted through Resolution No. 2018-30499; and WHEREAS, from January 2018 through July 2018, the Cultural Affairs staff and CAC conducted its application and review process for its FY 2018/19 Cultural Arts Grant Programs; and WHEREAS, the CAC, at its regular meeting on July 12, 2018, reviewed the grant panelists' recommendations and unanimously supported the recommended Cultural Arts awards totaling $839,000 for FY 2018/19; and • WHEREAS, at the time the Cultural Arts Grant Program recommendations were made, Miami Design Preservation League ("MDPL") was involved in a private dispute arising from an election for MDPL's Board of Directors; and WHEREAS, the dispute, if left unresolved, could have potentially put MDPL in jeopardy of losing its not-for-profit status; as such, the CAC did not include a funding recommendation for MDPL at its July 12, 2018 meeting; and WHEREAS, on November 9, 2018, the City received a copy of the mediation settlement agreement stating that legal actions had been fully resolved and settled by MDPL; and WHEREAS, at its December 13, 2018 meeting, the CAC, acknowledging that MDPL submitted a Cultural Anchors grant application in a timely manner; that the grant application was reviewed and scored by the Cultural Arts Council; and that MDPL has resolved and settled its legal issues, made a motion to recommend funding to MDPL in the amount of $21,750, based on the condition that funding is available in the FY 2018-2019 Cultural Arts Council budget. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt an amendment to Resolution No. 2018-30499, Exhibit E, Cultural Arts Council Grants, to include an allocation of $21,750 to Miami Design Preservation League, as recommended by the Cultural Arts Council at its December 13, 2018 meeting, for a total allocation of$861,254 for the FY 2018-2019 Cultural Anchors grant program. PASSED and ADOPTED this 16th day of January, 2019. P.• ""' q� ayor Dan elber ATTEST: • INCORP ORATED. Rafael -. Granado, City Clerk 44h1-16 . APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c3,sQI,.(,_ 16 IA( 1 City Attorney Date Resolutions -C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 16, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO RESOLUTION NO. 2018-30499 EXHIBIT E, CULTURAL ARTS COUNCIL GRANTS, TO INCLUDE AN ALLOCATION OF $21,750 TO MIAMI DESIGN PRESERVATION LEAGUE, AS RECOMMENDED BY THE CULTURAL ARTS COUNCIL AT ITS DECEMBER 13, 2018 MEETING, FOR A TOTAL ALLOCATION OF $861,254 FOR THE FY 2018/19 CULTURAL ARTS ANCHOR GRANT PROGRAMS. RECOMMENDATION Adopt this resolution. BACKGROUND The Miami Beach Cultural Arts Council (CAC) was established by the Mayor and City Commission on March 5, 1997. The mission of the CAC is to develop, coordinate, and promote the visual and performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and benefit of the residents of, and visitors to, the City of Miami Beach. The Mayor and City Commission adopted the Cultural Arts Master Plan on June 3, 1998, identifying the following program areas for the CAC: cultural arts grants; marketing; facilities; advocacy and planning; and revenue development. Pursuant to its enabling legislation, the CAC's budget for each fiscal year shall be adopted by the Mayor and City Commission. Accordingly, the CAC recommended a $1,481,000 budget allocation for FY 2018/19 to continue implementation of its programs which was adopted through Resolution No. 2018-30499. From January 2018 through July 2018, the Cultural Affairs staff and CAC conducted its application and review process for its FY 2018/19 Cultural Arts Grant Programs. Grants panelists, comprised of the CAC members, yielded 44 viable applications and the CAC, at its regular meeting on July 12, 2018, reviewed the grant panelists' recommendations and unanimously supported the recommended Cultural Arts awards totaling $839,000 for FY 2018/19. At time of Cultural Arts Grant Program recommendations on July 12, 2018, Miami Design Preservation League (MDPL)was involved in a private dispute regarding control of the MDPL Board and the position of Executive Director. This dispute, if left unresolved, could have potentially put MDPL in jeopardy of losing its not-for-profit status. As such, the Cultural Arts Council did not include a funding recommendation for MDPL at its July 12, 2018 meeting. On November 9, 2018, the City received the mediation settlement agreement stating that legal actions had been fully resolved and settled by MDPL. (Attachment 1). Page 805 of 1648 ANALYSIS At its meeting on December 13, 2018, the Cultural Arts Council made a motion to recommend funding to Miami Design Preservation League in the amount of $21, 750, based on the condition that funding is available in the FY 2018/19 Cultural Arts Council budget; acknowledging that Miami Design Preservation League submitted a Cultural Anchors grant application in a timely manner; the grant application was reviewed and scored by the Cultural Arts Council; and MDPL has resolved and settled its legal issues. Please find attached Exhibit E of Resolution No. 2018-30499 (Attachment 2) updated to reflect recommended funding in the amount of $21,750 to MDPL as part of the Miami Beach Cultural Anchors grant program. CONCLUSION It is recommended the Mayor and City Commission adopt an Amendment to Resolution No. 2018-30499 Exhibit E, Cultural Arts Council Grants, to include an allocation of$21,750 to Miami Design Preservation League, as recommended by the Cultural Arts Council at its December 13, 2018 meeting, for a total allocation of $861,254 for the FY 2018/19 Cultural Anchors grant program. KEY INTENDED OUTCOMES SUPPORTED Enhance Cultural and Recreational Activities FINANCIAL INFORMATION Funding in the amount of$21,750 is available in the FY 2018/19 Cultural Arts Council budget. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: Description ❑ Attachment 1- MDPL Settlement D Attachment 2- Exhibit E Cultural Arts Council Grant Recommendations Page 806 of 1648 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA MIAMI DESIGN PRESERVATION LEAGUE, INC. CASE NO. 18-022070CA01(04) Plaintiff vs. DANIEL CIRALDO, Defendant, And JACK JOHNSON and CLOTILDE LUCE, Intervenors / MEDIATION SETTLEMENT AGREEMENT Pursuant to a mediation conducted on November 8, 2018 in the legal action captioned above, at which Plaintiff, MIAMI DESIGN PRESERVATION, INC. (through its members Steve Pynes, Lori Bakkum, Stacy Kilroy and Ronald Lowy— the Pynes Board") and their attorney, Joseph Geller, Esq. participated in settlement discussions with Defendant, Daniel Ciraldo, Intervenors, Jack Johnson and Clotilde Luce ("the Johnson Board"), and their attorney, Stuart Reed, Esq.,the parties have agreed to fully settle and resolve all issues currently existing between them including the pending legal action and the related Quo Warranto case, as follows: 1. Steve Pynes shall send the letter attached as "Exhibit A" to all members of the "Pynes Board" (with a copy to Defendant's attorney)that the legal action has been fully settled and that Steve Pynes, Lori Bakkum,Stacy Kilroy and Ron Lowy, relinquished and waived all of their claims to be members of the board of directors, and that no one on the "Pynes Board" shall have or raise any further claims to be members of the 2018/2019 Miami Design Preservation League, Inc. board of directors. 2. Lori Bakkum and Russell Lee,Jr. are not personally liable for any of the contracts listed on "Exhibit B", attached hereto,that they signed for the 2019 Art Deco Weekend, and will be indemnified by the successor MDPL board for any claims or fees related to the contracts. 3. The parties and their respective boards (the "Pynes Board" and the "Johnson Board") agree to release all directors, officers, agents and attorneys on their respective sides and ( -)1 6'(K,,gr 06,0__ o Initials: `) Page 807 of 1648 each other from all existing claims and liabilities, and both sides shall execute and exchange a customary, mutual release by November 16, 2018. 4. The parties waive all claims for attorneys' fees, costs and damages in the legal actions. 5. Defendant, Intervenors and their board of directors shall not retaliate against any MDPL employees as a result of their cooperation with Plaintiff. 6. Members of the "Pynes Board" shall not communicate with MDPL employees or Art Deco Weekend vendors about matters pertaining to MDPL governance and/or business during the 2018/2019 board term. 7. The parties shall promptly file notices of voluntary dismissal in the pending legal actions upon receipt of the executed mutual releases. Plaintiff(MDPL members): Defendant: i61-1A4ti // Jitiurrtirr- /10 gag SteYen J. Py es i Daniel Ciraldo Intervenors: l4(40537 iitib.. .• __, &r. • /, -� on Bakkum JJohns d ' v-1--- P. CJA90f) )da- 1---M.C-0-- Rona 5 Lowy Clotilde Luce I ///1/20/a'' I .A411!;Pi ilil I' 4 e v rOly4 Ij// 'i ' ,, s J eph :eller, Esq. Stuart Reed, Esq. eens oon Marder, LLP Attorney for Defendant, Intervenors and ttorneys for Plaintiff Quo Warranto Plaintiffs / eg r Initials: i,, Page 808 of 1648 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. THE MIAMI CENTER, 201 SOUTH BISCAYNE BOULEVARD, TWENTY-SEVENTH FLOOR, MIAMI, FLORIDA 33131 KLUGER KAPLAN T. 305.379.9000 F. 305.379.3428 WWW.KLUGERKAPLAN.COM Or-T- 4 ; �-�7' P �c e �1 '_ 41.• ` x , 111 /146!_ er-Goit fi-hciaticr;) 116,46-0-241 044/WQ4 se -4, qD ( � b + ° i ef t�4re - D-E MQ4 .. jViJ- \ e - ,9 * ;'' uo c ® q tQ Pre D 6 A 5 �4� .9,0"ee+1Ag-4 l3 -k A- Irvio-ie4.-(Aft itch �('ekit r5 6 a•C 6t re.1! U1 \ vick �� G�201 ` on-Fite Guccen 201°—t1 RO - c ►s— c e-- ` , vt4 not G15e ail { o 6e DI ' s a Q. 2Ol'9— ( :1PL it+ frr beA4 oor an4 f prIv'tlede , erV jLou, 3 ( J rM-Q-- , ) () ve dey - "age 809 of 1648 1 4iu6-E1-A- C to - 2 -1 - 2248 Eng e?.,9-L_D . x�s/ r/OAJ c i� / 2,1 -) 1W1 = =c. _. _v �� ///,2//z9 Ppb vc.7L2ALc V)//6/. • / p / 1/ 9'0 If Page 810 of 1648 EXHIBIT E Cultural Arts Council Grant Recommendations FY 18/19 Miami Beach Cultural Anchors Recommended FY 18/19 Funding Florida International University-Miami Beach Urban Studios $27,600 Florida International University-Wolfsonian $31,500 Florida International University-Jewish Museum of Florida $26,400 Friends of the Bass Museum,Inc. $29,750 Friends of the Miami-Dade Public Library,Inc. $22,250 Miami Beach Film Society(Miami Beach Cinematheque) $21,750 Miami Beach Garden Conservancy $21,750 Miami City Ballet $31,150 Miami Design Preservation League $21,750 Miami New Drama $26,400 New World Symphony $31,500 South Florida Art Center $25,800 The Holocaust Memorial Committee,Inc. $27,300 The Rhythm Foundation,Inc. $27,600 SUBTOTAL $372,500 Miami Beach Cultural Presenters Recommended FY 18/19 Funding FILM Center for the Advancement of Jewish Education(CAJE) $19,298_ Inffinito Art&Cultural Foundation,Inc. (Brazilian Film Festival) $18,882 Italian Film Festival(Cinema Italy) $10,333 Miami Gay and Lesbian Film Festival,Inc. $19,298 SUBTOTAL $67,811 MULTI-DISCIPLINARY FUNDARTE,Inc. $18,675 MDC Live Arts_ $17,638 Miami Light Project $7,221 National Foundation for the Advancement in the Arts,Inc.(Young Arts) $19,715 University of Wynwood,Inc.(O,Miami) $17,728 SUBTOTAL $80,977 THEATER Fantasy Theater Factory $17,372 Juggerknot Theater Company $18,053 SUBTOTAL $35,425 VISUAL ARTS Bas Fisher Invitational,Inc. $17,845 Edge Zones $10,085 South Florida Composer Alliance $20,916 SUBTOTAL ' $48,846 OPERA Florida Opera Prima,Inc. $13,612 SUBTOTAL $13,612 DANCE Ballet Flamenco La Rosa,Inc. $17,845 Cuban Classical Ballet of Miami Corp. $17,638 Miami Hispanic Ballet Corp. $18,260 Peter London Global Dance Company,Inc. $10,832 Siempre Flamenco,Inc. $10,583 The Dance NOW!Ensemble,Inc. $22,410 SUBTOTAL $97,568 MUSIC Burkerfest Miami,Inc. $6,640 Community Arts and Culture,Inc. $17,638 Global Arts Project $22,161 Miami Children's Chorus,Inc. $7,304 Miami Music Festival $10,707 Nu Deco Ensemble,Inc. $23,500 Orchestra Miami $10,458 Patrons of Exceptional Artists,Inc. $18,468 Seraphic Fire $18,675 South Beach Chamber Ensemble,Inc. $8,964 SUBTOTAL $144,515 SUBTOTAL $488,754 TOTAL I $861,254 Page 811 of 1648