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Story Theatre Productions Inc - ..; . . .- City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement, This Grant Agreement is entered into this 14th day of November, 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and STORY THEATRE PRODUCTIONS, INC. (Grantee). Article I / Grant description 1. Grantee: Address City, state, zip Phone, fax, email Story Theatre Productions. Inc. 707 NfE. 8th Street Fort Lauderdale, FL 33338 (954)763-8813 - phone (954)760-9606 - fax 2. Grant amount: $ 8, 500. 50% paid upon execution of this Agreement. Remaining 500,;6 paid upon completion of Project, submission and approval of final report. 3. Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibit IT, A and B attached hereto 5. Expenditure deadline: September 30. 2001 6. Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of ~b\l ,2000. CITY OF MIAMI BEACH fJJf/ Neisen Kasdin, Mayor ~rf~ Robert Parcher, City Clerk GRANTEE! Story Theatre Productions, Inc. Print Name of Organization Federal ID # 13-2666897 Charles Cinnamon e of Chairman or President \ (Grantee's Corporate seal) APPROVED AS TO fORM & LANGUAGE & FOR EXECUTION ld iefF cer ~ IDJ.~ '" v/ .. , ." . 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 Executive Director of the City of Miami Beach Cultural Arts Counci~ or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect Descrintion: 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 he subject to the tenns 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 necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justifYing the changes. All Grant recipients mDSt participate in Mi/ltni Beach Second Thursdays (see Article m-19). The following City of Miami Beach" Anchors" are required to provide specific infurmation 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 Council, either by offering 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: 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-FlU 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. Reoorts: 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 fulfi1\ing, 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 Payment 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. Proeram 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 Accounts and Bondine:: 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. Accounting 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 weIl 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 specifted 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 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 MItIIfri BeacIr CultIIIYIl Arts Council logo 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!Jlle manner as if Grantee defauhed under this Agreement, pursuant to Article n - 12, below. 9. Liability and Indemnification: The Grantee shall indemnitY 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 resuh of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out o~ 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 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 indemnitY, keep and save hannless and defmed the City or its officers, employees, agents and instrumentalities as herein provided. Ifthe Grantee is a government entity, this indemnification shaIl only be to the extent and within the limitations of Section 768.28 Flonda Statute, subject to the provisions ofthat Statute whereby the Grantee entity shaIl 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 ofthe Grantee entity. 10. Assilmll1ent: The Grantee is not permitted to assign this Grant, and any purported assignment wiIl be void, and shall be treated as an event of default pursuant to Article 1I-12, 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 iffuIly 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. 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 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 actuaIly been disbursed by the Grantee as of the date that the written demand is received. In tbe 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 Dead1ine; 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 preclude. the City from pursuing any other remedies that may be available to it under the law. 13. Indull!tnce 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 tbe provision or any portion of this Agt eement 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 pelSon 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 A2reement: 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 R~ts Total Am-eement: This contract, including its special conditions and exhibits, represents the whole and total agJeement 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 Agroement 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. ,I 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 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 oonsidered a material breach of this Agreement, as provided in Article n - 12 herein. > Exhibit 1/ Revised Project description 1 i O~~ion: STORY THEATRE PRODUCTIONS, INcFTojecttnw:2000-2001 THEATRE FOR YO~TH SERIES Completely describe FToject approved by the Grants Panel and in a separate narrative detail the revisions to the FToject based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the o~ization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. Story Theatre Productions, Inc., a not-for-profit corporation will present professional theatre fur young and family audiences at the Jackie Gleason Theater in Miami Beach from October 2000 through March 2001. This ongoing professional theater series will be geared to school children, educators and families. The matinees performances will be scheduled on Saturdays and Sundays for the general public and on weekday mornings for school children and educators from greater Miami-Dade County. We have scheduled four (4) productions/12 performances to an estimated audience ofl2, 000 students and families. Story Theatre will donate 15-20% of tickets to low income and at risk students, the mentally and physically challenged and other not-for-profit corporations. The following is the a list of the performances during the 2000-01 series: SLEEPING BEAUTY - 10/15/00 - 2:00 pm 10/16/00 - 9:45 & 11:15 am CAPTIVE HEART -1/19/01-10:30 am 1/20/01-9:45 & 11:15 am RUMPELSTILSKIN - 2/26/01 - 2:00 pm 2/27/01 - 9:45 & 11:15 am PETER PAN - 3/25/01 -10:30 am 3/26/01 - 9:45 & 11:15 am Story Theatre will participate in Miami Beach Second Thursdays on March 8, 2001. We have scheduled a free "Bedtime Reading Hour" at the Jackie Gleason Theater. Story Theatre will schedule a reading of PETER PAN and provide punch and cookies for the young patrons. Attendees will be encouraged to dress in pajamas or fuvorite bedtime wardrobe. . ':' ~ Exhibit 2: Revised Project Budget I B. Grant Award Budget Name of organization: STORY THEATRE PROD. Project Title: 2000-2001 THEATER FOR YOUTH SERIES Dat~s)ofPToject:October 1, 2000-September 30, 200ID Directions: Identity and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grallt ExDellleS Personnel- artistic 7,000 Personnel- technical -0- Space rental t,OOO ..tfL MarketinglPublicity 5011 ft Outside other fees -0- Personnel - administrative -0- Travel (local only) -0- Outside artistic fees -0- Other costs (Itemize below) TOTAL ',SOil ~U Grant requirements: Grant monies ItIInIt be spent wi1hin budget categories agreed upon in contract AU publications associated with Miami Beach Cultural Arts Council gnmt support must include the City of Miami Beach Cultural Arts Council's logo and 1he following byline "City of Miami Beach" Grant fuDds may Dot be used tor: Remuneration of City employees fur any services rendered as part of a project receiving a grant ftom the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (permanent equipment necessary fur proposed project may be purchased if the price is less than what is would cost to rent 1he equipment) Debt reduction Out-of-county travel or transportation Fundraising events Hospllll1ity events Events not open to the public . . Exhibit 2: Revised Project Budget I A. Total Project Budget Nameoforganization: STORY THEATRE PROD. ProjectTitle~000-2001 THEATER FOR YOUTH SERIES Date(s) of Project: Oct. 1. 2000-Sept. 30.2001 Attach a copy of the tota1 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 -0- -0- Admissions -0 -0- Personnel- technical 7.468 503 Contracted services -0- -0- Personnel - administration 15,794 -0- Tuitions -0- -0- Outside artistic fees/services 17,166 -0- Corporate support 3,614 3,509 Outside other fees/services 4.771 -0- Foundation support -0- -0- MarketinglPublicity 7.887 -0- Individual support 423 503 Space rental 4.800 -0- Government grants Travel 7RQ 7RQ Federal -0- -0- Utilities -Q- "n State 1,370 -0- Equipment rental -0- -0- Office supplies -0- "-0- Insurance/Security -0- -0- Other Costs: (Itemize below) Other contributions (Itemize below) Printing 2,367 2,454 Handling Fees 500 -0- Postage 435 -0- Fundraising 795 -0- Remaining Oper. Exp. 3,730 -0- Fundraising Supplies -0- 353 Grant award 9.506 Total cash expenses 1\4.707 Total cash revenues 64.707 Total in-kind expenses 4,012 Total in-kind revenues 4,012 Total project expenses 68 , 719 Total project revenues 68,719 (cash + in-kind) (cash + in-kind)