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HomeMy WebLinkAboutThe Playground Theatre for Young Audiences m MIAMI BEACH ;2 ooc, - :? c,"-3 .~ r fA. 7G~ 9/?;;;~ City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2006/07 Cultural Affairs Grant Agreement This Grant Agreement is entered into this J/#-day of ~rlf 14,(. t-ll Y ,2006, 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: The Playground Theatre for Young Audiences Zannah Mass Shores Performing Arts Theater, 9806 NE 2nd Avenue Miami Shores FL 33138 305-751-9550, 305-751-9556, zannah@theplaygroundtheatre.com 2. Grant amount: $17,311.11 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract deadline: October 27,2006 6. Expenditure deadline: September 30, 2007 7. roject completion date: S t" ft e fY". 6 ~'-- "6 <\ ;:UJ 0"7 8. Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. HEREOF, the parties hereto have executed this Agreement this /4 day of A/tlr vi, ,20of S;gnature ~~. .k1d / Da id .er, Mayor Me,' !V\m ~ ~iLtJ~ Robert archer, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI- DADE Grantee's Corporate Seal Here) The foregoing instrument was acknowledged before me this22..day of r-e t:::> 200', by of , a not-for-profit He/She is personally known to me or has GRANTEE: as FederallD #: Notary Name: ~d 'v2..LO Notary Public, State of Florida My Commission Expires: 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 (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 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 30,2007, must submit their final reports no later than November 15, 2007. 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. Proaram 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. Publicitv 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 10 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 11-12. 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. DefaultfTermination Provisions: In 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 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 3 of 1 0 request 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 Aareement: 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 10 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 1 0 Exhibit 11 Revised Project Description Organization: The Playground Theatre for Young Audiences 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 by Grants Panel: ~[E A\TAC\-tf:~. Proiect description as reyised (if applicable) based upon the City Commission approyed award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. 6 of 10 II. Project Summary (up to two pages): In narrative form please outline in detail the proposed presentation of new work in the City of Miami Beach. The narrative must include a statement that this work is new or has never before been presented in Miami Beach and include specific dates, times, venues, artists, and target audience. Include the following required attachments behind your summary: Letters of intent from all artists appearing as guests with the applicant organization. Specific Project Dates, Times, and Venues: The performance schedule for Miami Beach in 2006-2007 is as follows: January 5, 2007 January 6, 2007 January 7, 2007 April 20, 2007 April 21, 2007 April 22, 2007 10:00 AM (school performance) and 3:00 PM 11 :00 AM and 3:00 PM 11 :00 AM and 3:00 PM 10:00 AM (school performance) and 3:00 PM 11 :00 AM and 3:00 PM 11 :00 AM and 3:00 PM All performances will be held at the Colony Theater at 1040 Lincoln Road, Miami Beach. The PlayGround Theatre for Young Audiences (The PlayGround) will perform seven productions for a total of 108 performances throughout South Florida during the 2006-2007 Season. Of these, three productions, totaling twelve performances, will be held at the Colony Theater in Miami Beach. The Letter of Intent for the Colony Theater is appended behind this page. These three productions will be new works. Two performances will be attended by 800 underserved children from eight Miami Beach public schools. During each of the additional ten weekend performances, 200 free tickets will be distributed to low-income children and their families, for a total of 2,800 free admissions to underserved young people and their family members. An additional 2,000 paying audience members are expected to attend the ten weekend performances at the Colony Theater. New productions for 2006-2007 include The Steadfast Tin Soldier and two other new works that are still under consideration for final selection by August 2006. The PlayGround's Co- Producing Artistic Directors will determine which two additional classic and/or contemporary fairy tales from around the world will be presented along with Hans Christian Anderson's beloved The Steadfast Tin Soldier. The Steadfast Tin Soldier, a popular tale of a toy soldier who falls in love with a ballerina doll, and the world of a child's playroom that comes to life once the child is asleep, will especially delight children six years and older. If deemed necessary, guest artists will be invited to perform or participate in the new works. This is expected to be determined by September 2006. Otherwise, current company members will perform these works. A relationship has been established with Lilia Garcia and dozens of school administrators from Miami-Dade County Public Schools, such that in 2005-2006 a total of 40 public schools' students are attending performances of The PlayGround as appended in the supplementary materials. It is expected that the 2006-2007 School Performance Schedule, including participating Miami Beach schools, will be finalized by August 2006. Project Summary Page 2. Artists: The PlayGround Theatre for Young Audiences dates back to early 2004, when Co-Producing Artistic Directors Oleg Kheyfets and Stephanie Ansin decided to combine their talents and resources to create a regional repertory theatre in South Florida that melds the magnificent traditions of European theatre with the innovative artistry of the Americas. These two dedicated, dynamic artists are the driving force behind The PlayGround. Kheyfets began his award-winning career directing plays and teaching in his native Russia. In 1993, he moved to the United States, where he founded Stari Repertory Theatre. In addition to his work with The PlayGround, Kheyfets teaches at the New World School of the Arts in Miami. Ansin is a South Florida native who directed numerous plays and taught in New York and New England before joining Kheyfets as the Co-Artistic Director of Stari Repertory Theatre and The PlayGround. She is also currently writing a full-length comedy, Galena's Gallery, commissioned by Moscow's renowned New Drama Theatre for its 2006-2007 Season. A nonprofit 501 (c)(3) organization, The PlayGround has hired 12 culturally diverse professional actors and 19 others to staff artistic, administrative and technical areas. Kheyfets, Ansin and their talented group of artists, technicians and administrators handle the day-to-day operations and outstanding productions and presentations of the theatre. Target Audience: The target population includes children ages six to 18 years, many of whom come from neighborhoods where robbery, theft, vandalism, dropping out and unemployment are common. As many are being raised by a single parent or other relative who has to work multiple jobs just to pay the bills, the luxury of attending live theatre is beyond their reach. Art, and especially theatre, can open young minds to great ideas and hope for the future through its live visual stimulation and narrative. Cultural arts can inspire young children to write songs, plays or poems of their own throughout childhood and into adulthood and can even provide encouragement for careers in the arts. Experiencing the cultural arts can also be a powerful weapon against adversity and despair and can open new realms of possibility. Equally important, children can be excited by using their imaginations which are stimulated by seeing different worlds, different cultures, different customs, different languages and different points of view than that which they usually experience. Thus, the live theatre experience is very important to reach these underserved youth and help them to reach their potential. The PlayGround is confident that through its production and presentation of the highest quality and most thought-provoking yet entertaining plays, children's learning will be enhanced and their creative thinking skills sharpened as they are able to access this valuable educational medium. Miami Beach children to be served in 2006-2007 with free admissions will include 800 Miami Beach public school students as well as 2,000 low-income children and their family members through a variety of nonprofit organizations. Another 2,000 audience members will pay to attend for a total Miami Beach audience of 4,800 in 2006-2007. Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: The Playground Theatre for Young Audiences Oate(s) of Project: September 2006-Mav 2007 (includes dates for initial production of the 2 shows tourinQ to Miami Beach's Colonv Theater). 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 REVENUES CASH IN-KIND CASH IN-KIND Personnel - artistic 32354 6750 Admissions 10000 _ Personnel - technical 17621 _ Contracted services -- Personnel - administration 17230 2025 Tuitions -- Outside artistic fees/services 20251 225 Corporate support 13223 5153 Outside other fees/services 8573 653 Foundation support 40626 _ Marketing/Publicity 11789 5940 Individual support 88313 10440 Space rental 28000 _ Government grants 4500 _ Travel 7200 Federal -- Utilities 2099 State -- Equipment rental 2557 Office supplies 350 I nsurance/Secu rity 3150 Other Costs: (Itemize below) Scenery 9000 Costumes 3700 Production Materials1500 Rts/Rovalties 500 Education/outreach 8059 Other Contributions (Itemize below) City of Miami Beach Grant Award 17,311.11 Total cash expenses $173,933 Total in-kind expenses $15.593 Total project expenses $189.527 CASH & IN-KIND Total cash revenues $173.933 Total in-kind revenues $15.593 Total project revenues $189.527 CASH & IN-KIND 7 of 9 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: The Playground Theatre for Young Audiences Oate(s) of Project: SeDtember 2006-Mav 2007 (includes dates for initial Droduction of the 2 shows tourinQ to Miami Beach's Colonv Theater). Grant Award: $17,311.11 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 5500 Equipment Rental Marketing/Publicity 1811.11 Space rental (Performance Related Only) Insurance (Performance Related Only) Total Other Costs (itemize Below) 8000 Personnel - technical 2000 Outside artistic fees Printing Description Amount Postage In County Trayel TOTAL (must equal grant award): 17311.11 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: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. " Allowable Grant Expenditures as Relates to Grant Project: . Artistic and technical fees directly related to the proposed program or eyent . Production costs related to the proposed program, project or eyent . 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 8 of 9 IN-KIND CONTRIBUTIONS Artistic Directors 6750 Fundraiser 2025 WSVN 4500 PSAs, dubs Accounting 450 Mktg 900 Publicist 540 Graphic Designer 225 Grant Writer 203 IN-KIND CONTRIBUTIONS $ 15,593