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Dora Teitelbeim Center \ City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this 30 day of Oc::lober . 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and Vora 'fif~1 bel;'" center *r !f,JI/ji, Cu!-fvre. me (Grantee). Article I 1 Grant description 1. Grantee: -Port! "Te1k,lbo'/r> Gn-hr ~r Yir//;rh rvNv"I;J;,(. Address 'J.6Q (;,n,/Jq Aie ,SJ,te 20/ City, state, zip Co",,/ Gnhkr- Pi.. ":?~)3 '-/ Phone, fax, email ----1305") -rTl.J-42W IiiX' 71v-7.3e2 I e;., r/'n~r(1Y.lJ,JJ,,,,)f,Kr-7 2. Grant amount: .t' 35'"00 50"Al paid upon execution ofthi& Agreement. Remaining 50"Al paid upon completion of Project. submission and approval affinal 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 1ater than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 3-0 day of a.J.Je.-. . 2000. CITY OF MIAMI BEACH frJ)/h Neisen Kasdin, Mayor GRANfEEI ba-q 1e/klbr;;" (,,,h,-t,. y,l/,jI, (., Hvrf.. Print Name of Organization Federa1ID# 1!~3)2IqJ I ATfEST: ~(r f~ Robert Parcher. City Clerk BY: Leone..", ......,,~....Jb Printed Name of Chainnan or President ~0/~ Signature (Grantee's Corporate seal) BY: P,..1 W/I'1r:~ ~~'~~~ Signa APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION ~.~ Signature ~ jDJ.-<J() '.' Article III General conditions I. 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 Executive Director of the City of Miami Beach Cuhural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Project DescriDtion: The Grantee may only use the Grant for the purposes that are specific;a\1y described in the Project Description attached hereto as Exhibit No. I. 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 percent (10%) per categoty, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessaty 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 Beacl1 "Anchors" are required to provide Specific information in their Project Description, attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization( s) of their choice, supported by the City's Cultural Arts Council, 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/Soutb Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above information 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 understanding that the described Project will enhance and develop the City's tourism and cultural community. 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 fmal reports due at the completion of the City's fisc;a\ year on September 30, 2001. 4. Amount of Grant and PaYll\ent Schedule: The total amount of the Grant is specified 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. 5. ProlIDUll Monitoring and Evaluation: The Director of the Council 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 Acmunts and Bondim/:: 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. , 7. Accountine: and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance 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) ye;lIll 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. Furthermore, the Director of the Council 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 &acIJ CultundArts CoUltcillogo 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 Same manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liability 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 resuh of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the perfonnance 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 dermed the City or its officers, employees, agents and instrumentalities as herein provided. Ifthe 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!:l\Illent: The Grantee is not pennitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article II-I 2, below. II. 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 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 VU of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defaultffennination Provisions: In the event the Grantee shall fail to materially confonn 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 ofthe 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 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 in writing from the Director of the Council an extension ofthe Expenditure Deadline 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 by delivering to the Director of the 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. lndull!ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 offailure 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 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. Captions Used in this Al!reement: 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 Retlresents Total Al!reeIlIent: 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 III 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 tenns of this AgI ec,aent 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 ofMiarni 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 barria'S 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 ac<leSS 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 cuhural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall 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: DO/1j -reiJeI~l", cen1er.[,r Vi;'j), = title: W/~.frr Eve"ky cJ-Jhc Ar+J Completely describe Project approved by the Grants Panel and in a separate nanative 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. THE WINTER EVENING OF THE ARTS - A Celebration ofYiddisb Culture The Center for Yiddish Culture's goal is to telebrate the beauty of Yiddish culture by bringing together older generations who know and love Yiddish, younger generations who wish to seek their roots, and others who can marvel at the beauty, spirituality and resilience of this culture. The program has been so successful over the past two years when held at the Britto, that over one hundred and fifty people have been turned away annually due to lack of space with 250 in attendance each year. This grant application is filed so that the event can expand to a paid site that can accommodate 350 or more people and allow for a showing of art by local Miami Beach artists including our Art Director, Dana Duane Craft, top quality string ensembles led by the Andre Trujillo String Ensemble, feature the best of local Jewish noshes, and present a nationally acclaimed recording artist, Adrienne Cooper, and world acclaimed members of the Klezmatics, Lorin Sklamberg and Frank London. The event will include song, dance, comedy and preparation offoods. The program will be a melange of Yiddish culture that touches all of the senses including: Art produced by our Art Director, Miami Beach local, Dana Duane Craft who has the incredible ability to express through visual art the humor and sorrow, power and glory of Yiddish culture. Other local Miami Beach artists will be invited to show their art as well. Music will be performed by the Andres Trujillo String Ensemble which includes Miami Beach native performers who will play classical Jewish music as well as traditional Yiddish folk songs. They delighted the audiences over the past two years and are expected to wow them again in their 200 I performance. Dramatic performances including songs and comedy will be performed Adrienne Cooper, Lorin Sklamberg, Frank London. Tasty treats will be provided by local Miami Beach restaurants. Poetry will be read by local Yiddish readers. The event is scheduled to be held on Thursday, March 8 at 7:30 PM at Temple Emmanu-el. Although the event is a paid event, we anticipate participating in the Second Thursdays program by opening up the art exhibition and visual art workshop at 9:30 pm to the public. This will give the opportunity to Miami Beach residents, visitors and tourists to experience high quality Jewish art and view workshops and production of block prints. Refreshments will be served. Although the Miami Beach Arts Council has provided about 50"10 of the funding required for the event, we plan on maintaining the same scale and budget as originally projected. To make up for the deficit, we plan on: I) raising ticket prices, 2) seeking outside sources of funds from private foundations, 3) charging for food, 4) holding a raffie. See crt1-Q{h../ ~ Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: Project Title: Date(s) of Project: 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 dol/ar. EXPENSES 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 cash REVENUES in-kind Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State (Itemi:.e 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) Attachment to Exhibit 2 Winter Evening of the Yiddish Arts 2001- Project Budget EXPENSES: Total expenses: Cash $ 7800 Personnel-artistic: $ 3500 Personnel-technical $ 500 Personnel-administrative $ 0 Space rental $ 1000 MarketinglPublicity $ 3000 Other (itemize) $ Food/Snacks $ 1000 Total Cash Expenses: $ 9000 Total In-Kind Expenses: $ 1000 Total oroiect exnenses: $10.000 INCOME: In-Kind Cash In-Kind $1000 Admissions $ 1000 $ 500 Art Sales $500 Foundation support $1000 Government Grants $3000 Other Contributions: Food Donations $500 Artistic Contributions $500 $500 Grant Award $3500 Total cash revenues $ 9000 Total in-kind revenues $ 1000 Total oroiect revenues $10.000 Exhibit 2: Revised Projeet Budget I B. Grant Award Budget Name of organization: fJN. ~I kit. ~r.[, YJ'l/j{i1::,~ Title: Wt~ ElIlni, d.fl,c Ms Date(s) of Project: /114rcJ.. ~ '1.601 Directions: Identity and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grall. EXDeJlSeS Personnel- artistic $15"00 Personnel- technical Personnel - administrative Space rental ~~oo ~5oo $/000 Travel (local only) MarketinglPublicity Outside artistic fees Outside other fees Other costs (ltemir.e below) TOTAL _$1500 Grant requirements: Grant monies _st be spent within budget categories agreed upon in contract All publications lL'lsocillled with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" Grant funds may not be used for: Remuneration of City employees fur any services rendered lL'l part of a project receiving a grant from the City of Miami Beach Cultural Arts COWICil "Bricks and mortar" or permanent equipment (pennanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-cOWlty travel or transportation FWldraising events Hospllality events Events not open to the public