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Arts at St. John's, Inc.m MIAMIBEACH ~oo~_ ~6 ~o~ City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2008/09 Cultural Affair~~s,,G.~r[a~nt~Agreement This Grant Agreement is entered into this _~ay of ~~~3j'sefi , 2008, between the Cily of Miemi Beach, Florida (the City) and the undersigned Grantee (Grantee). Article I /Grant Description 1. Grantee: Arts at St. John's, Inc. ~ `•~ w Grant Contact: Carol Hoffman - - ~ r; < -' Address: 4760 Pinetree Drive t City, State, Zip: Miami Beach, FL 33140 .... - Phone, fax, a-mail : 30513-2325, 305-532-1847, artsatstiohns@bellsouth.net ~' ~_ ,_ o 2. Grant amount: $18,424.38 5090 paid upon execution of this Agreement. Remaining 5096 ,~ paid upon completion of Project and submission and approval of Final Report. ~. Ut 3. ProjeM description: See Exhibit t, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract deadline: October 27, 2008 6. Expenditure deadline: September 30; 2009 7. Project completion date: June 30 09 8. Final Report deadline: Must be postmarked or delivered no later than 45 days 2fter Project c^mp!o*'^^ date. 2n 7/ ~^ da of October d hi t this !f ~ A 2008 IN WITNESS HEREOF, the y parties hereto have execute s greemen _ 7 t . W Ma tti .Bower, Mayor Signature Anent: ~~ ~ P~ STATE OF FLORIDA, COt1iJ i i OF Miilhii- ~-,- ~.~ DADE . . ed before me T f i i t t k A d ng ns rumen was ac nov e g he orego Robert Parcher, Cily Clerk (Grantee's Corporate Sea( Here GRAr:7~ E this_day of 2008, by ~~l'I'l C7 L ~ ~ ~719/)7/ of `~~ ~~ST J~~zQ , a not-tor-profit corporation. H/e/Sbe is perso~n~al~y known tonme or has produced ~u-rt.Pc, _v.~c_s-~~+c as identificafian. /~ _ Signature d~Notary Pubkc~~ Notary Name Federal ID #: _ ti5-1051143 BY: Carol M- Holtman Director of Grants Printed Name of Organizations Autho TO FOflM 8 LANGUAGE dr FOR Fa(ECUTION lt~yQ-y r ontay t~'' iFT""'!"•. ncrmrrrFAfVANDQ Notary Public. f~ok~£OWAOSSIpoiepp G~0373 ~ ip,F EXPIRES: M1lay 3, 1011 ~~Rf,... ' 8'~*tv Nary F.bF Unaeamwr My Commission Article II /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 (Cdy). The City has delegated the responsibility of administering this Grantto 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 expendttures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in ExhibR 2-B shall not be permitted without the prior written consent of the Guttural Affairs Program Manager or his Designee. Said requests shall be made in advance. in writing, detailing and justifying the need for such changes. 3. Re orts: 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 Guttural 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 tlays of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2009, must submit their final reports no later than November 15, 2009. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject to the restrictions in Article I-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. Program Monitoring and Evaluation: The Guttural 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 toobserve 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 accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Guttural Affairs Program Manager or his Designee 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 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 I-5. These books, records, and documents may be examined by the Guttural 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 Citys 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. 2of9 8. Publicity 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 II-12. 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, shalt 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 govemment 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 wherebythe Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims orjudgments paid by the govemment 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. Assignment: The Grantee is not permitted to assign this Grant, and any purported assignment will t>e void, and shall be treated as an event of defauR pursuant to Article II-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 Countys 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. DefauftlTermination Provisions: In the event the Grantee shall fail to materially conform wfth any of the provisions of this Agreement, the Guttural Affairs Program Manager or his Designee mayterminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (6) 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 Guttural 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. 3of9 Additionally, Grantee will be ineligible to appy andlor 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 Cukural Affairs Program Manager or his Designee, on a case-by- case basis. As part of his consideration, the Cukural Affairs Program Manager or his Designee shall obtain the recommendation of the Cukural 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 untlerihe control oithe 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 Cultural Affairs Program Manager or his Designee an extension of the Expendture 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 maybe available to k under the law. 13. Indulgence 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 waiverof 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 I-1 of this Agreement, and to the Cky when addressed as follows: Gary Fanner, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cukural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Agreement: 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 Agreement: This contract, including its special condkions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained wthin this agreement and ks attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in wrking signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article 111 /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 Cky to seek remedies including but not limited to those outlined in this Grant Agreement. 4ot9 18. The Grantee also accepts and agrees to compy with the following Special Conditions: The Grantee hereby agrees chat 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 wdh 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. 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- 5of° Exhibit 1 !Revised Program Description Organization: Arts at St. John's, Inc. Completely describe Project approved by the Grants Panel and in a separate narcative detail al! 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. Program description as approved by Grants Panel: Our grant application listed the following programs chronologically: Season's Showcase, A Place to Cal! Home Visual Arts show, Halloween Film and Arts event, Sleepless Night program, Jersey Boys Gone Wild, concert program by children from a local arts magnet school, Sing-along Concert, Concert 8 Theatre celebration for Black History month, Naughtier an : ^Jicer :,abarat, a visual arts show focusing on women for women's month, Florida Grand Opera Young Artist Series, Jazz & Art event, Diaspora Dance & Film Festival, Sound of Music Sing-along; Bible on Broadway show, Urban Art event & visual arts show, Miami's Got Talent latent show. Categorically, our grant application included the following: 7 musical performances; 4 film events including singaiongs; 3 visual arts shows, 4 outside-produced events (FGO, Diaspora Dance, local school concert, Jazz & Art). Project description as revised (if applicable) based upon the Ckv Commission approved award: Changes to projects awarded under fhe Artistic Disciplines program must still adhere to the requirernent that the work is new or has never before been presented in Miami Beach. Because of the reduction in City of Miami Beach funding from 525,000 to 118,424.38, we have made certain cuts in our programming. In our summer review of our 2007-2008 season, we determined the following: our film events were under-attended and a financial loss, and we have eliminated them. Also, Florida Grand Opera won't be able to perform at ASJ; the magnet arts program lost its funding; the jazz program was taken over by the American Legion; and Sleepless Night was postponed this year. These reductions in our programming have resulted in some shifts in the scheduling of remaining events in order to fill in gaps, plus we have added some events. Our revised 08-09 season programming includes the following: 6 Musical Performances: The Annual Season Showcase; David Herzberg Harp Concert; Evolution - a musical on the evolution of Broadway; Black History Celebration -Concert and the Sisters! Performance; Miemi Seach Performs! -the history of Miami Beach in musical performances; and Miami's Got Talent -All-genre talent show. No film events 5 Visual Arts Exhibits: Plants Without Borders -Mixed Media Art Exhibit -Coordinated by Deborah Weed; Bachelor Girls and Other Renegades -celebrating Women's Month; Glorious Trash & Other Recycled Art -celebrating Earth Day; Artful Administrators -Mixed Media Arts show with art work by nonprofit administrators; LJvtn for the City -Urban Arts event Outside-produced events: Rumi Night -Rumi Poetry & Sufism Dancing; others to 6e announced. New art and culture event: Plants without Borders, native plaints as links between cultures and as a source of cultural art and memory. fiof9 Exhibit 2-A: Project Budget /Revised Total Project Budget Name of organization: Arts at St. John's, Inc. Date(s) of Project: Oct. 1 08 -June 30. 09 Attach a copy of the total Project budget or list cash expenses and cash revenues spe~cally identified with your program, projector events. Round off all numbers to the nearest dollar. EXPENSES REVENUE CASH IN-KIND CASH IN-KIND Personnel -artistic _24,000 0 Admissions 14,500 0 _ Personnel -technical 500 2,000 Contracted services 2,000 _0 Personnel -administrative 15,000 0 Tuitions 0 0 Outside artistic feesfservices 20,500 0 Corporate support 5,000 5,000 Outside other fees/services 2,300 _8,000 Foundation support 12,500 0 Marketing/Publicity 10,350 2,000 individual support 3,000 _ .. 12,000 Space Rental 5,000 5,000 M-D County DAN, CG 20,617 Travel 100.38_ 0 _ Federal 0 __ Utilities -included in space 0 - 0, State 4,000 Equipment rental 0 0 _ 0 Materials/Supplies 1,750 0 ____.._._.. Insurance/security 0 _ 0 Other Costs: (Itemize below) Other contributions LICENSES, FEES 200 fundraising 2,559 FUNDRAISING 2,500 - --- - Event supplies, food 400 - - -- ._ . City of Miami Beach Grant award 18,424.38 (cash + in-kind) (cash + i n-kind) Total cash expenses 82,600.38 Total cash revenues 82,600.38 Total in-kind expenses 17,000 Total in-kind revenue 17,000 Total project expenses 99,800.38 Total project revenues 99,800.38 CASH 8 IN-KIND CASH 8 IN-KING 7of9 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Arts at St. John's, Inc. Date(s) of Project: Oct. 1, 08 -June 30, 09 Grant Award: $18,424.38 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 8y000 Equipment Rental 0 Personnel -technical 0 Space rental (Performance Related Only) 0 Outside artistic fees 8y000 Insurance (Performance Related Only) 0 MarketingJPublicity 2.424.38 Total Other Costs (itemize Below) 0 Printing 0 Description Amount Postage 0 In County Travel 0 _- TOTAL (must equal grant award): 18,424.38 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: General Operating including: Artistic and technical fees • Administrative salaries or fees • Production costs • Honoraria • Equipment rental and expendable materials • Marketing • Publicity • Local travel and transportation costs within Miami Dade County and directty related to • Miami Beach based cultural programming and events (prior consultation with Cultural • Affairs Program staff required if using this category) • Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 8of9 Grant Use Restrictions (grant funds may not be used towards): • Projects that are primarily recreational, political, therapeutic, vocational, rehabilitative or intended solely for practitioners of a specific religion. • Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs • "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. • City of Miami Beach services (City permit fees, off duty police, insurance, electrician, etc.) • Debt reduction • Travel or transportation outside the local Miami Dade County area and not directly related to Miami Beach based cultural activities • SociaUFundraising events, beauty pageants or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials • Charitable contributions Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: • Copies of all receipts, invoices and expenditures of grant monies- CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. -all artists payments, separate from advertising payments) Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 9of5