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City Theatre Inc. . City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this ~o day of J>ec.e~fY. 2000 between the City of Miami Beach, FJoriQa. on behal1;f the City of Miami Beach Cultural Arts Council (collectively the City), and c..ti-'Y.J11(,u.: V- (Grantee). Article I / Grant description l. Grantee: Address City Theatre, Inc. PO Box 490083 City,state,zip Miami. FL 33149 Phone, fax,email (305) 365-5400 Fax: (305) 365-9623 sjnorman@aol.com www.citytheatre.com 2. Grant amount: $1 2 , 000 50"A; paid upon execution of this Agreement. Remaining 50% paid upon completion of Project. submission and approval offinal report. 3, Project description: See Exhibit I, attached hereto 4, Itemized budget: See Exhibit II, A and B attached hereto 5. Expenditure deadline: Seotember 30. 2001 6, Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this M day ot}e (em fur. 2000, GRANTEW City Theatre, Inc. Print Name of Organization FederalID# 65-0642183 din, Mayor ATTEST: _~( r~ Robert Parcher, City Clerk BY: Alan Fein :~~resi~t_ Signature (Grantee's Corporate seal) !l. BY: Jeffrey Norl1j{l Printed Name of Chief Fiscal Officer ~fd- S' APPROVED AS TO FORM & LANGUAGE & FOREXECUnON BY: stephanie Norman Printed Name of Executive irector ,1AllA1f'M./J'_ /..D~y-<J() ~ Deft ~ Article II I General conditions 1, Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 of the Council." 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 Line Item Budget, or with changes not to exceed ten peroent (10%) per category, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justifying the changes. All Grant recipients must participate in Miami Beach Second Thursdays (see Article ID-19). The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice, supported by the City's Cultural Arts COlUlcil, 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 200012001 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-FID 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. Reports: This Grant has been awarded with the lUldersranding that the described Project will enhance and develop the City's tourism and cultural commlUlity. 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 of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001, 4, Amount of Grant and Pavment Schedule: The total amolUlt of the Grant is specified in Article 1-2. By making this Grant, the City assumes no obligation to provide fmancial 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. 5. Pr02l'8l1l Monitoring and Evaluation: The Director of the Council may monitor and oonduct 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 Bonding: Monies received pursuant to this Agreement shall be kept in 8CCOlUlts 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 confOlmance 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) YellfS after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial 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 CultlllYll Arts ColUfCillogo 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 sl!ffie manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liabilitv and Indemnification: The Grantee shall indemnify and hold hannless 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 clairns, demands, suits, causes of actions or proceedings of any lcind or nature arising out of; relating to, or resulting from the performance if this AgreeIllent 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 ofthe 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 indemnily, keep and save harmless and defmed 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. Assil!lllllent: 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 ll-12, below. II. 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 Ordinance No. 72-82 (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. DefaultJT ermination 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 shall have no further obligation to the Grantee under this Agreement. Further, in the event of a breach of any tenn or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually 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 I -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 for a period not to exceed one (I) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director ofthe 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 available to it under the law. 13. Induhzcnce Will Not be Waiver of Breach: The indulgence of either party with reganl to any breach or failure to pelfonn 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 tenn of this Agreement. 14. Written Notices: Any written notices required under this ~nt 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- I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819, 15. Caotions Used in this ~: 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 A=ent: 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 ill 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. 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 "Miami Beach Second Thursdays" (Second Thursdays). a cultural open house on the second Thursday of every month. Free arts events will be held at muhiple locations throughOut the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shaH include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article II - 12 herein. Exhibit 1/ Revised Project description Organization: city Theatre, Inc. I'rtliect title: WINTER SHORTS 2001 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 Miami Beach Second Thursdays, Miami Beach Anchors should list specifics about their mentoring program, City Theatre will be presenting its annual production of Winter Shorts, a winter theatre festival featuring "the best of the Fest", eleven of the world and/or Florida premieres of short (one-act) comedies and dramas presented during City Theatre's first five years in collaboration with the City Theatre Rep Company, In its inaugural Winter Shorts production (December 1999), City Theatre received high artistic praise and expanded its audience base to tourists and theatregoers from a four-county region, This project will capitalize on the popular and critical success of City Theatre's 1999 Winter Shorts festival and will expand upon the previous festival by bringing its acclaimed Short Cuts school tour to Books and Books on Miami Beach for Miami Beach Second Thursdays on February 8, 2001, Moreover, the company's innovative partnership with restaurateurs Mark Soyka (Van Dyke and News Cafes, Soyka) and Graziano Sbroggio (Tiremasu) will continue with the Winter Shorts festival's pre-performance Taste of Winter Happy Hours held at the Colony Theatre Cafe on Lincoln Road, Mr, Soyka and Mr, Sbroggio continue to be enthusiastic partners with City Theatre in creating a completely unique theatre outing wherein audiences are encouraged to mix and enjoy pre-performance restaurant tastings and conversation at the Colony Theatre's cafe, The Taste of Winter happy hours highlight Lincoln Road as a cultural destination and make the theatre outing a very social and desirable event. The Winter Shorts festival will also feature acclaimed theatre figures participating in the seminars, workshops and play readings as part of the CityDialogues program, Previous CityDialogues participants have included established playwrights Horton Foote, Tina Howe and Leslie Ayvazian as well as theatre playwrights and theatre critics from throughout the nation, Presently, City Theatre continues to workshop with acclaimed playwrights and the actors and directors of the City Theatre Rep Company, Free public readings are held in conjunction with the June 2001 Summer Shorts and audiences participate in the process of new play development through discussions with the actors, directors and playwrights, Winter Shorts will run from February 7 - 14 with evening adult and daytime matinee performances employing more than 40 playwrights, directors, actors, designers and technicians, City Theatre anticipates an audience of more than 4,000 from a four-county region, including traditional theatergoers, students, seniors and tourists attracted to the breadth of work and unique format. City Theatre will participate in the Miami Beach Second Thursdays cultural open house with a performance of their Short Cuts tour at Books and Books on Miami Beach on February 8, 2001 from 6:00 to 6:30 p,m, Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: City Theatre, IncProjectTitle: Winter Shorts 2001 Date(s) of Project: February 7 - 14, 2001 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 PLEASE SEE ATTACHED PROJECT BUDGET cash in-kind 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: Total cash expenses Total in-kind expenses Total project expenses REVENUES Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State (Itemize below) Other contributions Grant award Total cash revenues Total in-kind revenues Total project revenues (cash + in-kind) cash in-kind (Itemize below) (cash + in-kind) WINTER SHORTS: PROJECT BUDGET EXPENSES Personnel - Artistic Artistic Director Winter Shorts Artistic Salaries/Fees: Colony AEA (5 actors: $375 - 00 + 8% + $83 + 2,5%) Stage Manager ($445 - '00 + 8% + $83 + 2,5%) Assistant Stage Manager ($390 - '00 + 8% + $83 + 2,5%) Non-AEA Actors Perf & Reh weekly (4 actors: $225 - '00) Playwright royanies Winter Shorts Director fee Director. SSDC Expense Cl\yOlalogues staged Reading Series (6 plays . 6 dlrs . 15 actors) Playwrighls-in-<esidency __ Production Expense: Speaker & Workshop Stipends Total Personnel - ArlI81lc incl. annual salary $10,460 $2,290 $2,056 $4,000 $5,040 $3,700 $60 $675 $2,500 $3,000 Personnel - Technical Winter Shorts Technical/Production Fees: Colony Costume Designer Lighting Designer PrOduction ManagerfTechnical Director Props Head Design Fee Props Head - Run Fee Construction Crew Running Crew Set Designer Sound Designer - Design Fee Sound Designer - Run Fee House Staff Ticket Seller Ticket Seller - Daytime Total Technical/Production $2,000 $2,500 $2,500 $1,000 $700 $2,100 $4,500 $2,500 $1,000 $700 $400 $600 $2,400 Personnel - Administrative Producers (2) & Assistant Development Director Company Manager Administrative Interns Cl\yOlalogues Coordinator Total Personnel-Administrative $7,500 $2,500 $2,500 $1,250 $750 Space Rental Colony Expense Rental: Load-in (4,5 days @ 12 hours/day @500/day) Rentai: Performance (8 shows @ $650) House Crew: Load-in ($12/11r' 121n1day. 4,5 days . 5 wo-..) House Crew: Show call ($45/woI1<er/ShoW' 8 shows . 4 workers) Insurance (8 days @ $275) Total - Space Rental $2,250 $5,200 $3,240 $1,440 $2,200 MarketlnglPubUclty Advertising $15,000 City Theatre: Winter Shorts Budget - Page 1 $33,781 $22,900 $14.500 $14,330 Marketing Brochure Flyers Group 58les Press Releeses Program Raffle Tickets Scripts Graphics Design Webslle Expense & On~ine Benner Advertising P ,SA Video Ed~lng Highway Benner Expense Postage & Delivery Mailing Usl Servtce Photography Totel Marketlng/Pllbllclly $3,000 $800 $200 $200 $3,000 $200 $400 $1,700 $1,500 $700 $4,000 $3,000 $1,000 $300 Outside Production & Administrative Expense Winter Shorts PrOduction Expense: Costumes Dry Cleaning Lighting Cost Prop Materials Set Construction Sound Materials TransportationfTrucking Short Cuts School Tour: Production Expense Tent, Chair & Table Rental Hearing Impaired Performance Winter Shorts Administrative Expense Automobile Expense (Parl<lng, AEA Retmb) Artist Reception Licenses & Permits Office Supplies Telephone & Fax Total Outside Production & Administrative Expense TOTAL EXPENSES $2,000 $350 $1,000 $1,000 $3,500 $250 $2,500 $1,000 $2,000 $800 $100 $300 $1,000 $400 $500 INCOME EARNED REVENUE Admissions other Earned Revenue Ad Sales Beverage & Concessions Merchandise Sales Festival Raffle Opening N~e Auction UNEARNED REVENUE Corporate Support Foundation Support other Private Support Individual Donations Bette Westfall Memorial Fund StatelReglonal Support State of Fla Grant $55,411,00 $4,500 $2,000 $1,100 $3,500 $2,500 $2,500 $1,500 $3,000 City Theatre: Winter Shorts Budget - Page 2 $35,000 $18,lIOO $137.011 $55,411.00 $13,800 $15,000 $9,000 $4,000 $11,000 MDCAC Grant local Government Support City of Miami Beach Grant Award IN-KIND INCOME TOTAL INCOME $8,000 $12,000 WINTER SHORTS: GRANT REQUEST BUDGET EXPENSES Personnel - Artistic Winter Shorts: Artistic Salaries/Fees AEA (5 actors: $375 - 00 + 8% + $83 + 2,5%) Total PerllOnnel - Artistic $6,000 Space Rental Colony Expense Rental: load-in (4,5 days@ 12 hours/day@500/day) House Crew: Load~n ($121hr '12 hrslday' 4,S days' SWOIkeIs) House Crew: Show call ($4&\NorkerIMow . e shows' 4 ~ers) Total - Space Rental $2,000 $3,000 $1,000 TOTAL GRANT AWMD City Theatre: Winter Shorts Budget - Page 3 $12.000 $17,000.00 $137,011 $6,000 $6,000 $12.000