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HomeMy WebLinkAboutArts at St. John's . , ro ::; tJoJ -:.. ;J & tJ I ~ -=- City of Miami Beach Cultural Affairs Program and Cultural Arts Council Cv~:a~I::I:~:::~m Fiscal Year 2005/2006 Cultural Affairs Grant Agreement Touriam and Cultural Development This Grant Agreement is entered into this -1- day of G c::r 6 IS ~ ,2005, between the City of Miami Beach, Florida (the City), and (Grantee). Article II Grant Description 1. Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, e-mail : Arts at St. John's Carol Hoffman-Guzman 4760 Pine Tree Drive Miami Beach FL 33140 (305) 532-1847, (305) 532-1847, artsatstjohns@bellsouth.net 2. Grant amount: $8,000 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. Project description: See Exhibit 1, attached hereto Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto Contract deadline: November 4, 2005 Expenditure deadline: September 30,2006 Project completion date: , Iu L.-'f :J Z) :::2L7c?6 .' Final Report deadline: Must be postmarked or delivered no later than 45 days after Project 4 , completion date. J +l: S WHEREOF, the parties hereto have executed this Agreement this L- day of ~ r~ T/Jtbt/l" 2005. D . ermer, Mayor AtleSt:~~ ?~~ Robert Parcher, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI- DADE Grantee's Corporate Seal Here) The foregoing instrument was acknowledged before me this~day of ((J(!~+Ob,e.-r-' 2005, by WeD I M. Hor+mQn of k+s .4 t Sf. J?Dhn'.s , a not-for-profit corporation. He/~ is personally known to me or has produced ~. .0 ( i' if--f'A L ..i' Q , identification. as GRANTEE: 'Th ~ /0 c::- J ~ Notary Name: I . -erc.e:€f:A. FederallD #:- / j ./ I'/.? N t P bl' St t f FI 'd geoASTO 0 ary u Ie, a e 0 on a BY: ~~L . -f/t>FiC; lANGUAGE Printed Name of Organiz . 's Authori ~eunON ~ A. My Commis ~ ",,~~.. --. I Signature !.rjJ.:~ MY COMMISSION # DO 329483 ~. . ,''iI EXPIRES: October 16, 2008 ~~ilf.~ Bonded Thru NotaIy Public Underwriters PtJ&~c. ~ ~ Article III 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 City's Cultural Affairs Program Manager or his Designee. 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 terms 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 (100/0) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in advance, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2006, must submit their final reports no later than November 15, 2006. 4. Amount of Grant and Payment 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, and execution of this Agreement by the parties hereto. 5. Program Monitorina and Evaluation: The Cultural Affairs Program Manager or his Designee 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. 6. Bank Accounts and Bondina: 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 Cultural Affairs Program Manager or his Designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accountina 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 Cultural Affairs Program Manager or his Designee or his Designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee 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 Miami Beach logo and the following credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. 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. 2 of , 0 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 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 harmless and defined 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. Assianment: 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 f1-12. 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 if fully set forth herein. 12. Default/T ermination Provisions: I n the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this Agreement and 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 Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the Grant funds because of a breach of this Agreement, the following terms will apply: a. For First-time violations - Grantee shall be required to submit a final report with documentation of expenditure of all grant awards already received (first half) prior to the termination date. If such report is not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not receive remainder of this Grant award. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for future fiscal year's grants programs. b. For more than First-time violations - Any future compliance infractions by Grantee will be considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. Any uncommitted Grant funds which remain in the possession or underthe 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 3 of ( 0 in writing from the Cultural Affairs Program Manager or his Designee 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 upon demand by delivering to the Cultural Affairs Program Manager or his Designee 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 available to it under the law. 13. Indulaence 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. 14. 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: Gary Farmer, Interim Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Agreement: 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 Represents Total Aareement: 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 1111 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 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. 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. 4 of 1 0 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -The remainder of this page is left intentionally blank- 5 of \ 0 Exhibit 1/ Revised Project Description Organization: Arts at S1. Johns, Inc Project title: 2005-06 Season - Community Soaces Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Proiect description as approved bv Grants Panel: For the Arts at St. Johns 2005-06 Season - Community Spaces. we are offering a combination of in-house presentations and co-hosted programs. In-house presentations: The Sunday Sunset Jazz events with artistic director, Mo Morgen; Holiday Concert in December; Psychotherapy and Spirituality event in January; Hanan's monthly dance workshops; and in March "Women, Spirituality and the Arts in Medieval Europe with music of Hildegard and plays by Hrotswitha. The ASJ wiD co-host the foUowing: 5 playreadings called Play Monday - Actors Night Out, with Fantasy Theatre Factory; 2 concerts with Florida Grand Opera Young Artists series; a collaboration with Community Arts and Culture for Afro Roots Sacred Music concert on Feb. 19 and the Women and Culture Festival on March 25, Sat.. We stated in our grant that we would present additional, as-yet unidentified, arts events that came to us after our grant application had been submitted, as will be indicated below. Another emphasis of this season is the need to improve our facility, its equipment and the staffing/management of the performance spaces, so that we can offer better experiences for both the artists and the audiences. Thus, our City of Miami Beach Office of Cultural Affairs grant expenditures will be primarily for stage manager and in-house artistic personnel Proiect description as revised (if applicable) based upOn the City Commission approved award: As anticipated, the Arts program has added to and changed its season's offerings. We added an Oct. 1 st Arts Season Showcase of 2005-06 events. This could be annual. We are collaborating with Rachel Faro, trained in Shambhala Buddhism at Naropa Institutive in Boulder, Colorado, to present monthly Buddhist cultural training events from Oct-Dec. Tiffany Madera and Hanan Arts Cooperative will present events occasionally, not monthly. The first is the "Habibi TIllNK- T ANK WORKSHOPS" at the end of October. A "Drumming Empowerment" workshop will be presented by Lama Khyimsar Riposee on Oct. 28. Our new Stage/Artistic Director, David Kingery, is coordinating a series of events that include American popular music, cabarets, sing-along concerts, and theatre events. The first is "Quentin and I," written by and starring David Leddick on Nov. 18. The second event is an English/Spanish Cabaret on January 28. In the spring a choral version of "Jesus Christ Superstar" or sing-along version of "Oklahoma" will be presented. We add the Miami Children's Symphony Orchestra competition, in January, with free public attendance. We added a Feb. 26th choral group from Indian Springs, Alabama. In April 6, IMDAMI at FIU will present an evening on Andean Wisdom with dance and music. The monthly Sunday Sunset Jazz series has been placed on hold until we determine whether these concerts will be coordinated in-house or by a collaborating organization. The January "Psychotherapy and Spirituality" event is replaced by "Movement and Meditation: Experiencing the "The Power of Now" with Kim Eng, from the Eckhart Tolle Institute. 6 of I 0 Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: Arts at St. Johns, Inc. Project Title: 2005-06 Season - Community Spaces Date(s) of Project: (see accompanying schedule of events) 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. EXPENSES REVENUE Cash In-kind Cash In-kind Personnel - artistic 4,000 0 Admissions 15,000 Personnel - technical 10,000 0 Contracted services 450 Personnel - administrative 15,000 15,000 Tuitions 0 Outside artistic fees/services 12,000 0 Corporate support 1,150 5,600 Outside other fees/services 1 ,200 0 Foundation support 9,250 Marketing/Publicity 12,500 2,000 Individual support 2,500 15,200 Space Rental 3,600 3,600 County govt. grants 14,500 Travel 1,500 200 Federal grant 0 Utilities - included in space 0 0 State grants 4,000 Equipment rental 500 0 Office Supplies 570 0 Insurance/security 125 0 Other contributions fund raising Cash on hand (Itemize below) 4,145 2,000 46,850 Other Costs: (Itemize below) Grant award 8,000 Total cash expenses Total in-kind expenses Total project expenses (cash + in-kind) 60,995 20,800 81,795 Total cash revenues Total in-kind revenue Total project revenues (cash + in-kind) 60,995 20,800 81,795 7 of \ 0 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Arts at St. Johns, Inc. Project Title: 2005-06 Season - Community Spaces Date( s) of Project: (see accompanying schedule of events) Grant Award: $8,000 Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only be spent within budget categories declared below. 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 Grant Expenses Personnel -artistic 2.000 Equipment Rental 0 Personnel - technical 4.000 Space rental (Performance Q related only) Outside artistic fees 2.000 Insurance (Performance 0 related only) Marketing/Publicity 0 Other costs total (Itemize 0 below) Printing 0 Description Amount Postage 0 In County Travel 0 Other costs (Itemize below) TOTAL (must equal grant award): $8.000 Grant requirements Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: IICity of Miami Beach, Cultural Affairs Program, Cultural Arts Council. 11 Allowable Grant Expenditures: . Artistic and technical fees directly related to the proposed program or event . Production costs related to the proposed program, project or event . Honoraria · Equipment rental and expendable materials . Marketing . Publicity . Local travel and transportation costs related to proposed program, project or event. Local travel is defined as travel within the Miami Dade County area ~ ()f l 0 8of9 . Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 Grant Use Restrictions (grant funds may not be used towards): . Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs . Administrative salaries or fees . "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. . City of Miami Beach services (permit fees, off duty police, insurance, etc.) . Debt reduction . Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) . Travel or transportation outside the local Miami Dade County area . SociallFundraising events, beauty pageants or sporting events . Hospitality costs including decorations or affiliate personnel with the exception of artists . Cash prizes . Lobbying or propaganda materials . Charitable contributions . Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: . Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments) . Proof of logo and credit line in project publications and advertisements . Proof of performance(s), such as programs, brochures and flyers. 9 oft 0 >. ARTS AT ST JOHNS - 2005-2006 OCTOBER Oct. 1, Saturday, 2-9 pm - Arts Season Showcase Oct. 7, Friday, 8-10 pm - Shambhala: "Loving Kindness: Compassion For Oneself and Others" with Rachel Faro Habibi THINK-TANK WORKSHOPS Oct. 27, Thursday, 7 pm-9 pm - small classes Oct. 29 Saturday, 1 pm-6 pm - small classes Oct. 30, Sunday, 2 pm - 6 pm - small classes Oct. 28, Friday, 8 pm - "Drumming Empowerment" with Lama Khyimsar Riposee. $20/person. See www.YunaDrunaBon.com NOVEMBER Nov. 12, Sat. 8 pm - "Quentin and I" written by and starring David Leddick - Nov. 18, Fri. - tentative - Nov. 18, Friday, 8-10 pm - Shambhala: "Turning The Mind Into An Ally" with Rachel Faro DECEMBER Dec. 2, Friday, 8-10 pm- Dharma Art talk with Rachel Faro Dec. 18, Sunday, 6-9 pm - Holiday concert JANUARY Jan. 2, Monday, 7 pm - Play Monday, with Fantasy Theatre Factory - Playreading of "A Perfect Ganesh" by Terrence McNally. Playreading. Free. Jan 15- Miami Children's Symphony Orchestra - competition, with free public attendance Jan 28, Sat., 8 pm - Cabaret with David Kingery and Raymond Yanez FEBRUARY Feb. 5, Sun., 4-7 pm - Sunday Sunset Jazz- Jazz Musician Fellowship Foundation Feb. 6 - Play Monday, with Fantasy Theatre Factory - Playreading of "Reckless" by Craig Lucas Feb 12, Sun., 2 pm - Florida Grand Opera Young Artists concert - Alicia Gianni - soprano, JinHwan Byun - tenor, Scott Gilmore - piano Feb. 19, Sun., 5-7 pm - Afro Roots Sacred Music Concert Feb. 26, Sun. - Indian Springs High School Choral from Alabama group MARCH March 6 - Play Monday, with Fantasy Theatre Factory - Playreading of "Pains of Youth" by Ferdinand Bruckner March 10-12 Fri-8-10 pm, Sun 1-5 pm - Movement and Meditation: Experiencing the liThe Power of Now" with Kim Eng, from the Eckhart Tolle Institute. $20 to $45. www.eckharttolle.com March 25, Sat., 4-8 pm - Women and Culture Festival March 26, Sun., 2-8 pm - Medieval Women, Art and Spirituality festival, with art from Hildegard of Bingen and plays by Hrotsvita of Gandersheim APRIL April 2, Sun. - tentative - "Jesus Christ Superstar" - choral version April 3 - Play Monday, with Fantasy Theatre Factory, Playreadings from "When One Has Lived A Long Time Alone" and liThe Book of Nightmares" by Galway Kinnell April 6 - Thursday - Andean Wisdom with IMDAMI, FlU April 23, Sun., 4-7 pm - Sunday Sunset Jazz - Jazz Musician Fellowship Foundation April 30, Sun 2pm - Florida Grand Opera Young Artists concert MAY May 1 - Play Monday, with Fantasy Theatre Factory - Playreading of "The Bald Soprano" and "The Lesson" by lonesco. Late May - Sing-along version of "Oklahoma II AUGUST - Buddhist event - Aug 26 - Adyashanti - $25; Aug 27 - Workshop $75 10 e>-T- to