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C7I-Accept Donation From The Miami Beach Arts Trust For The Arts Gala Grants ProCOMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach Florida, authorizing the acceptance of a twenty thousand dollar ($20,000) donation from the Miami Beach Arts Trust resulting from the proceeds of the second annual Miami Beach Arts Gala; and appropriating said funds for the Arts Gala Grants program; and authorizing the City Manager to retroactively approve the Cultural Arts Council's funding recommendations made on March 1, 2012, and awarding $20,000 in Miami Beach Arts Gala Grants for Fiscal Year 2011/12, as identified in the attached Exhibit "A"; and further authorizing the Mayor and City Clerk to execute said agreements. Key Intended Outcome Supported: Maximize Miami Beach as a destination brand. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average, residents attended cultural activities 10.61 times per month and family friendly activities 7.19 times per month. Additionally, 24.2% of residents said the City should strive not to reduce arts and culture. Issue: Shall the City approve and accept the twenty thousand dollar ($20,000) donation from the Miami Beach Arts Trust, as well as approve and accept the grant award recommendations and award $20,000 in said Miami Beach Arts Gala Grants for Fiscal Year 2011/12? Item Summary/Recommendation: The 2011 Miami Beach Arts Gala (Gala) was held on October 22, 2011, in the Miami Beach Convention Center. A private event, its stated purpose was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) known as the Miami Beach Arts Gala Grants. The Miami Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala and is donating $20,000 to the City for this dedicated cultural grants program. The eight (8) members of the CAC served as the grants panelists and evaluated 14 funding requests, which resulted in the subsequent submission of six (6) grant applications requesting a total of $85,750. The applications were reviewed by the CAC at their March 1 meeting, where the CAC unanimously supported funding four (4) grants for a total of $20,000. It is recommended that the Mayor and Commission adopt the resolution and approve the $20,000 donation from the Miami Beach Arts Trust, and accept, and award the Fiscal Year2011/12 Miami Beach Arts Gala grant recommendations in the amount of$20,000. Adviso Board Recommendation: The Cultural Arts Council reviewed the grant panel recommendations at their March 1, 2012 meeting and su orts the recommended awards as reflected in Exhibit "A". Financial Information: Source of Amou Account Approved Funds: nt /} 1 $20,000 199-6888-000343 ,. CAC Special Revenues Fund ~ f\k{j(l 2 1\ Total $20,000 199-6888-000343 CAC Special Revenues Fund Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director MIAMI BEACH 199 AGENDA ITEM ----.C~7_I_ DATE lf-f/-/2 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager C\v--c_ / April11, 2012 U 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A TWENTY THOUSAND DOLLAR ($20,000) DONATION FROM THE MIAMI BEACH ARTS TRUST RESULTING FROM THE PROCEEDS OF THE SECOND ANNUAL MIAMI BEACH ARTS GALA; AND APPROPRIATING SAID FUNDS FOR THE ARTS GALA GRANTS PROGRAM WHICH WILL BE ADMINISTERED BY THE CULTURAL ARTS COUNCIL CONSISTENT WITH THE CITY'S ESTABLISHED POLICIES AND PROCEDURES; AND AUTHORIZING THE CITY MANAGER TO RETROACTIVELY APPROVE THE CULTURAL ARTS COUNCIL'S FUNDING RECOMMENDATIONS MADE ON MARCH 1, 2012, AND AWARDING $20,000 IN MIAMI BEACH ARTS GALA GRANTS FOR FISCAL YEAR 2011/12, AS IDENTIFIED IN THE ATTACHED EXHIBIT "A"; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTS. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Upon acceptance of the donation from the Miami Beach Arts Trust, funding in the amount of $20,000 will be available to fund the grants awarded by the Cultural Arts Council. ANALYSIS The 2011 Miami Beach Arts Gala (Gala) was held on October 22, 2011, in the Miami Beach Convention Center. A private event, its stated purpose was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) known as the Miami Beach Arts Gala Grants. The Miami Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala and is donating $20,000 to the City for this dedicated cultural grants program. The Miami Beach Arts Gala Grants will support cultural programs and projects in the City of Miami Beach, with an emphasis on providing aid to neighborhood arts groups and on increasing access to the arts for Miami Beach residents and visitors. Qualified 501 (c)(3) organizations with annual budgets less than $350,000 applied for minimum grant awards of $5,000 for projects and programs occurring within the current fiscal year. There is no matching fund requirement. In place of a formal application, interested organizations submitted a 150-word summary of the proposed project, along with proof of valid 501 (c)(3) status via e-mail. The CAC reviewed all qualifying submissions and 200 April11, 2012 City Commission Meeting Miami Beach Arts Gala Grant Fund Acceptance Page 2 of 2 selected projects to work with Cultural Affairs Program staff for complete vetting and processing. The CAC's final approval and grant award recommendations are subject to approval by the Mayor and Commission. The CAC reviewed all14 qualifying submissions at its regular meeting on February 2, 2012, and selected six (6) finalists to submit full applications for staff review. Cultural Affairs Program staff received and vetted the six applications. At its regular meeting on March 1, 2012, the CAC recommended making grants to four (4) organizations for a total of $20,000 as outlined in Exhibit "A". The CAC is very pleased with the result of the new grant category, specifically with the amount of additional programming being offered to the community. CONCLUSION The projects and organizations proposed for funding in FY 11/12 will provide a wide variety of programming that will benefit our residents, as well as promote our City as a cultural destination. It is recommended that the Mayor and City Commission adopt the City Administration's proposed cultural grants, as detailed above and as reflected in Exhibit "A", titled "City Administration Recommendation." JMG/HMF /MAS/gf T:\AGENDA\2012\apr1112\Consent\ArtsGalaFundAcceptance Memo.doc 201 EXHIBIT "A" Miami Beach Arts Gala Grants Fiscal Year 2011/12 Organization 1. ARTS AT ST. JOHN'S For a new performance program created to give an artistic voice to LGBTQ youth in Miami Beach 2. EDGE ZONES For the experimental multi-media curatorial project "The 5th Art of Uncertainty International Exchange Project" 3. SOUTH BEACH CHAMBER ENSEMBLE For "Mozart meets Lady Gaga" 4. SOUTH FLORIDA YOUTH SYMPHONY For a free community concert at Miami Beach Community Church TOTAL 202 City Administration Recommendation $6,000 $8,000 $5,000 $1,000 $20,000 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF TWENTY THOUSAND DOLLARS ($20,000) DONATION FROM THE MIAMI BEACH ARTS TRUST RESULTING FROM THE PROCEEDS OF THE SECOND ANNUAL MIAMI BEACH ARTS GALA; AND APPROPRIATING SAID FUNDS FOR THE ARTS GALA GRANTS PROGRAM WHICH WILL BE ADMINISTERED BY THE CULTURAL ARTS COUNCIL CONSISTENT WITH THE CITY'S ESTABLISHED POLICIES AND PROCEDURES; AND AUTHORIZING THE CITY MANAGER TO RETROACTIVELY APPROVE THE CULTURAL ARTS COUNCIL'S FUNDING RECOMMENDATIONS MADE ON MARCH 1, 2012 AND AWARDING $20,000 IN MIAMI BEACH ARTS GALA GRANTS FOR FISCAL YEAR 2011/12, AS IDENTIFIED IN THE ATTACHED EXHIBIT "A"; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTS. WHEREAS, on October 22, 2011, the second Miami Beach Arts Gala was held in the Miami Beach Convention Center; and WHEREAS, the stated purpose of said Gala was to raise funds to be administered by the Cultural Arts Council for their additional cultural grants program known as the Miami Beach Arts Gala Grants; and WHEREAS, the Miami Beach Arts Trust, a private, not-for-profit Florida Corporation served as the fiscal agent for the Gala and would like to donate the Gala's $20,000 proceeds to the City for this purpose; and WHEREAS, at its regular meeting on March 1, 2012, the CAC recommended making grants to four (4) organizations for a total of$20,000 as outlined in Exhibit "A". 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 authorize the acceptance of Twenty Thousand Dollars ($20,000) donation from the Miami Beach Arts Trust; and further authorize the appropriation of said funds for the Miami Beach Arts Gala Grants, to be administered by the Cultural Arts Council in a manner consistent with the City's established policies and procedures; and authorizing the City Manager to retroactively approve the Cultural Arts Council's funding recommendations made on March 1, 2012 and awarding $20,000 in Miami Beach Arts Gala Grants for Fiscal Year 2011/12. PASSED AND ADOPTED this ___ day of------' 2012. ATTEST: MAYOR: CITY CLERK JMG/HMF/MAS/gf 203 APPROVED AS TO FORM & LANGUAGE & Ff)t1 EXECUTION 3(3o( <2..-- 0ate ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel: 305.673.7010, Fax: 305.673.7782 January 24, 2012 Ms. Annette Schonholzer, Co-Director, MCH Swiss Exhibition (Basel) LTD Art Basel, Art Basel Miami Beach Messeplatz 1 0 CH -4005 Basel, Switzerland RE: Letter of Understanding between the Swiss Exhibition Ltd (MCH) regarding Event). Dear Ms. Schonholzer: The following letter shall confirm the certain terms pertaining to the ABMB obligation to continue to hold the ABMB Miami Beach Convention , for Subject to MCH's ABMB Event at License Agreement November free of d support and MCH regarding n for MCH's contractual annually each Winter at the 12, 2013, and 2014. obligations pertaining to the holding of the mitation, those set forth in that certain Swiss Exhibition (Basel), LTD, dated , and provided MCH is good standing and ~nr•~.:.~ to take the following actions, in further mend to the Mayor and Commission that the City's m.:.•"''and Guidelines, in effect as of the execution date of this the parties hereto (the Guidelines), be amended to establish , if such recommended amendment is approved by the Mayor , in their sole and reasonable discretion, shall accomplish the a.) The esta of a zone, the effective term and duration of which is only intended to run concurrent with the actual ABMB Event dates for years 2011, 2012, 2013, and 2014, as same are set forth in the MCH License, and which zone is intended to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east (hereinafter the Art Basel Zone). b.) The Art Basel Zone, if approved, shall be established for the purpose of precluding the City from issuing a special event permit, for the use of public property within the Art Basel Zone during the term/duration that such Zone is in effect, without first 204 obtaining the prior written consent of MCH. Accordingly, the City shall provide MCH with at least thirty (30) calendar days prior written notice of any special event applications received by the City for the use of public property within the Zone during the ABMB Event date(s) (the City's Approval Request). MCH shall have ten (10) calendar days from the date of the City's Approval Request to approve or deny the Request. MCH's approval or denial of the Request must be in writing and, if a denial, must specifically set forth the reason(s) therefore. In the event that MCH fails to approve or deny a Request within the ten (10) day time period and, further, in accordance with the procedures set forth herein, then MCH shall have waived its right to deny such Request, and the City may proceed the event (that was the subject of such Request) as if approved by MCH, a any further notice and/or other obligation to MCH. c.) Notwithstanding the establishment of the Art condition in this letter of understanding, (i) and (ii) demonstrations, pickets, and defined in the Guidelines, and as same EXEMPT from the requirements of this NOT require MCH's approval. 2. The City shall use reasonable commercial applications for use of public City may receive for the instal term/duration of, the ABMB Event 3. The City shall take into consideratio plans for the City's any other term or on private property, such terms are time, shall be , shall ents of the ABMB Event as the MBCC are developed. In the event that with respect to this letter of understanding, MCH and the City defense alleging inacleOIU their rights to assert any argument or a administrator who shall monitor the parties' of understanding. Unless otherwise notified, the contract Sklar, Tourism and Cultural Development Director m and Cultural Development Department of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7577 ForMCH: Show Manager MCH Swiss Exhibition Basel (ltd) Messeplatz 1 0 4005 Basel, Switzerland MCH agrees to defend, indemnify and hold harmless the City, and its officials, directors, 2 205 officers, employees, agents, contractors, servants, successors, and assigns, against any claims, causes of actions, costs, expenses, (including reasonable attorney's fees), liabilities, or damages arising out of or in connection with any negligent act or omission, or intentional misconduct on the part of MCH or any of its officials, directors, officers, employees, agents, contractors, servants, successors and assigns, in the performance of its obligations under this letter of understanding. The indemnification and hold harmless requirements in the preceding paragraph shall survive the termination or expiration of this letter of understanding. This letter of understanding may be terminated by either party, cause}, upon sixty (60) days prior written notice to the other party All written notices and communications required or personally to the respective representatives of MCH and by registered mail, postage prepaid (or air-mailed if ad of dispatch). Until changed by notice in writing, all such follows: TO MCH: TO CITY: Drive 33139 ience (and without der may be delivered or may be mailed outside of the city as Cultural Arts & Tourism Dev. Director Ext. 6116 ~.,J.,.r,.•n personally, on delivery; if mailed to an address the date mailed; and if mailed to an address outside following the date mailed. This letter of I be governed by, and construed in accordance with, the laws of the State of and remedial, without regard to principles of conflict of laws. The exclusive for any litigation arising out of this letter of understanding shall be Miami-Dade County, a, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS LETTER OF UNDERSTANDINBG, CITY AND MCH EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS LETTER OF UNDERSTANDING. Neither party may assign this letter of understanding. Neither this letter of understanding, nor any of its terms, may be changed, modified, or otherwise amended except by an instrument in writing, signed by an authorized representative, which shall be the City Manager (on behalf of the City}, and (on behalf of 3 206 MCH). The City and MCH acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to this letter of understanding. Nothing contained herein shall be construed as creating a partnership, joint venture or similar relationship between the City and MCH. Additionally, for purposes of this letter of understanding (or otherwise) no officer, director, employee, agent, or contractor of MCH shall be deemed to be an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees' or be deemed entitled to Florida Worker's Compensation benefits as an employee of the C or accumulation of sick or annual leave. If the aforestated meets with your approval, please space provided below. Upon execution by the City n"""'n""r forward a fully executed copy to you for your records. Very truly yours, Raul J. Aguila Chief Deputy City Attorney I have read this letter agreement and and conditions contained herein. MCH Swiss Exhibition Date RJA/ed M. Gonzalez City Manager Date F:\INFO\$ALL\Max\TCD\Special Events\BASEL\Basel Letter Agreement _sept 2011.doc 4 207 execute same in the of the City}, we will be bound by the terms THIS PAGE INTENTIONALLY LEFT BLANK 208