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Gold Coast Theatre Co. '; ... City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this ~~ day of ~()" , 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and <:SO\{'}. C6C>."-I"t "'\'(\~(}.\'{t l()ol-9o.c"\U (Grantee). \ Article I I Grant description 1. Grantee: Address City, state, zip Phone, fax, email Gold Coast Theatre Company 345 West 37th street Miami Beach. FL 33140 (305) 538-5500 2. Grant amount: $ Ii 000 50"'{' 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 n, A and B attached hereto 5. Expenditure deadline: Seotember 30. 200 1 6. Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this '1. ~ day of ~ '\J . 2000. CITY OF iI/PAm Neisen Kasdin, Mayor ATIEST: ~<f P tRcLv-- Robert Parcher, City Clerk GRANTEE! Gold Coast Theatre Print Name of Organization FederalID# 65-0131717 BY: War en J. Werner Printed N O.'~Chainnan or President '" l tAJv.--~ S' (Grantee's Corporate seal) APPROVED AS TO FORM & LANGUAGE & FOREXECUnON ~ jD;J.-<J& .. Article II I 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 ofthe City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect Descriotion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No. I. All expenditures will be subject to the tenns of this Agreement, and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (t 0%) per categmy, 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 ill-I 9). The following City of Miami Beach "Anchors" are required to provide specific infonnation 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 offcring rehearsal space, worldng 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: ArtCenterlSouth Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FnJ 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 Wlderstanding that the described Project will enhance and develop the City's tourism and cultural commWlity. 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 fiscal year on September 30, 2001. 4. Amount of Grant and Pavment Schedule: The total amount 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'afll Monitorinll: 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 Accounts and Bondinll:: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade CoWlty 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. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of aU receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as aU 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<lfS after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Councilor 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 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 Mioml Beaclr CultUNl Am CoUllCillogo 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. Liability and Indemnification: The Grantee shall indemnifY and hold hann1ess 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 instlUmentalities 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 pmormance 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 hannIess 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!l1ll1ent: 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 1I-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. Default!fermination 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 term 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 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 of the 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 preclud~ 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 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 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 Represents Total Al!I'eeIIlent: 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 tenus. 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 HI 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 wilI 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.o 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 S04 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 cuhuraI 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 Orgwrnzuwn: Gold Coast Theatre Project title: 2000/2001 Season on tJ1.e Beach 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. The Gold Coast Theatre Company, a professional mime and physical theatre company based on Miami Beach, will present year-round programming for adults, children, senior citizens and disadvantaged audiences on Miami Beach as it has done for the past eleven years, Programs will include at least one ticketed evening theatre event, several Theatre-In-Education programs in Miami Beach schools, several outdoor performances that are free of charge to the public at existing Miami Beach events and extensive performances/programs at social service and cnmmnnity facilities on the Beach. Gold Coast ~ FoB-Eve,,",: r.... am The Company will produce at least one full-evening ticketed performance for general audiences at a Miami Beach venue, Possible venues include the Colony Theatre, Miami Beach Women's Qub or The Little Stage, The production will be an original work using mime and physical theatre, In the past Gold Coast has produced similar events including "Miami Meltdown" (1997) and ''The Gospel According To Keisha (1998) at the Colony Theatre, "Actions Speak Louder Than Words" (1999) at the Miami Beach Women's Qub and "Wme, Women, and Song"(2000) at PAN, Performing Arts Network. ('.old ('..oast Ontdnn. Perf............. The Company plans to perfarm at a minimnm of seven outdoor events to general audiences on Miami Beach. Each year the Gold Coast Theatre Company typically performs at the Miami Beach Festival of the Arts, The Art Deco Festival, Normandy Nights on The Beach, Halloween events on Lincoln Road, Christmas Events on Lincoln Road, the POW WOW tourism convention. and most other organized outdoor festivals on Miami Beach, The COOlpany provides to the festival organizers COOlplete shows (typically 45-min) and strolling characters. Some past shows have included "Winter Wonderland" and ''The Women ofWia;a", Our strolling characters have included "Charlie Chaplin", "Hurricane Hattie", and "Carmen Miranda", Gold Coast n.._In,.ll'.......lIfinn ~ For s.......... Every school year the Gold Coast Theatre company produces a Theatre- In-Fdncation program which includes performances and classroom workshops in South Florida Elementary, Middle, and High Schools. For the 2000-2001 school year the company will continue its highly ~,.;mpQ "Earth To The Power ofTen" program. "Earth To The Power ofTen" is an ecology and envirnrtn->t~l educali.on show that uses mime, masks, and special effects to teach children about environmental conservation, the arts, and Florida History. The program features up to two shows in each schoo1, post show classroom workshops, and pre- and post- show study materials including The Bii Green ('nude a children's workbook written by Jude Parry, Artistic Director of the Gold Coast TheatraCompany, Gdd Coast inw1-tedthe program this year at Biscayne Elementary (June 1, 20(0) and plans to perform next school year in at least two Miami Beach schools. The program is funded in part by the South Florida WateJr MaJ1'1S"""""t District allowing the productim to be offered to school at low or no cost. The Company has produced several other Theatre-In-Education programs in the past including "Kano The. Ghltton"(l986-2000} and"Petu a;nd the Wolf (1983-2000). Crilld COAst,............ ~.I Servir.e Mid {"'.............:" P'rqv'AIIUI Each year the Gold Coast Theatre COOlpany performs at social service and ...'mmllnity venues throughout Dade county including facilities for senior citizens, low income families, alcohol and drug rehabilitation centers, andhomele85-oh..Jters n,Jring ~ grantperiodthecnrnp"'lY will work in at least four such facilities on Miami Beach. Gold Coast has existing working relationships with The Miami Beach Senior's Center, The Housing Authority of the City of Miami Beach, and Douglas Gardens Mental Health facility, The company is branching out to establish new relationships with organizations such as the Hispanic Cnmnnlnity Cent<< and Ayuda Inc. .' For Second Thursdays Gold Coast Theatre Company will promote its series of public performances by providing costumed characters, performances, and live music at high traffic areas on the following dates Dec. 14 (to promote Holiday performance); Jan. 11 (to promote Wine, Women, and Song); Feb. 8 (to promote Actions Speak Louder Than Words); March 8 at the Wolfsonian in conjunction with a screening of a Karel Tiege film (to promote SWAMP); and May 8 (to promote a new work at the Lyric Theatre). . Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: Gnln r.n"st; Theat~Title: 200012001 Season on the Beach Date(s) of Project: Ol'"'t- 1. ? 0 0 0 - Sept _ 30, 2001 Attach a ropy 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 20,000 1,OgO Admissions 6,200 0 Personnel - technical 2,000 500 Contracted services 12,000 0 Personnel - administration 13,500 5,000 Tuitions 0 0 Outside artistic fees/services 0 500 Corporate support 6,800 5,000 Outside other fees/services 2,000 500 Foundation support 0 1,000 Marketing/Publicity 9,000 1,000 Individual support 1,600 6.000 Space rental 4,800 5,000 Government grants Travel 0 500 Federal 0 0 Utilities 0 500 State 6,419 0 Equipment rental 700 'i00 - Local 15,681 5,000 Office supplies 0 200 Other organizations 2,200 Insurance/Security 0 1.000 Other Costs; (Itemize below) Other contributions (Itemize below) Prnnllr.tion 2,900 Product Sales 200 0 Grant award /;,000 Total cash expenses Total in-kind expenses Total project expenses 54,900 19.<no 74.10n (cash + in-kind) Total cash revenues Total in-kind revenues Total project revenues a;4,GOO 1G.?00 74.100 (cash + in-kind) . Exhibit 2: Revised Project Budget I B. Grant Award Budget Nameoforganization:.....!301d Coast Theath'l"'1Title: ?nnn/?nn1 <::",,"'nn nn th~ ~each Date(s} of Project: Oct. 1. 2000- sept. 30, 2001 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. GraDt EXDeDses Personnel- artistic 4,000 Personnel- technical Personnel - administrative 1.000 Space rental 500 Travel (local only) MarketingfPublicity 500 Outside artistic fees Outside other fees Other costs (Itemize below) TOTAL 6,000 Grant requirements: Grant monies mIISt be spmt within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant suppon 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 for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment necessary fur proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-cotlllW 1ravel or transportation Fundraising events Hospitality events Events not open to the public