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HomeMy WebLinkAbout24901AGREEMENT INFORMATION AGREEMENT NUMBER 24901 NAME/TYPE OF AGREEMENT SEOPW CRA & THE MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, INC., DESCRIPTION GRANT AGREEMENT/SOUL BASEL KICKOFF/FILE ID: 14365/CRA-R-23-0037 EFFECTIVE DATE October 1, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/26/2024 DATE RECEIVED FROM ISSUING DEPT. 4/3/2024 NOTE 2 10/ GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this r day of d C*ObL01 e ' 23 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), and THE MIAMI-DADE NORTH ARTS AND HUMANITIES FOUNDATION, INC., DOING BUSINESS AS THE MIAMI MUSEUM OF CONTEMPORARY ART OF THE AFRICAN DIASPORA ("MIAMI MOCAAD"), a Florida not for profit corporation. ("Grantee"). RECITALS A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Community Redevelopment Plan Update, as amended and restated ("Plan"); and B. • WHEREAS, Section 2, Goal 5, at page 11 of the Plan lists the [p]romotion and marketing of the community," as a stated redevelopment goal; and C. WHEREAS, Section 2, Principle 6, at page 15 of the Plan lists the promotion of "local cultural events, institutions, and businesses," as a stated redevelopment principle; and D. WHEREAS, Section 2, Principle 14, at page 16 of the Plan also lists "restor[ing] a sense of community and unify[ing] the area culturally" as a stated redevelopment principle; and E. WHEREAS, the Miami Museum of Contemporary Art of the African Diaspora ("Miami MoCAAD") requested funding to produce the Miami MoCAAD's museum will include visual, virtual interactions, panel discussions, and interactive Quick Response ("QR") codes to unlock virtual media consisting of three- dimensional models of Overtown artists, biographical information, mixed reality murals, architecture, and treasure hunt games. Miami MoCAAD's 2023 Soul Basel Kickoff starts Monday, December 4, 2023; and F. WHEREAS, Soul Basel premiers at different locations in Miami and offers diverse displays and multiple showcases of African American artists. Locals and visitors from around the world visit an array of pop-up galleries, exhibitions, and special events to experience arts and cultures; and G. WHEREAS, in furtherance of the above stated Goals and Principles of the Plan, the Grantee requested a grant to underwrite costs associated with the Program; and H. WHEREAS, on July 27, 2023, the Board of Commissioners passed and adopted Resolution No. CRA-R-23-0037 attached hereto as Exhibit "A", authorizing the issuance of a grant in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), to the Grantee to underwrite costs associated with the Program; and I. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: Page 1 of 10 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the launch Miami MoCAAD's 2023 Soul Basel Kickoff, during Miami's Soul Basel week, in accordance with the scope of work in Exhibit "B" and the budget in Exhibit "C", attached hereto and incorporated herein. The SEOPW CRA is not obligated to expend additional funds beyond the approved grant amount. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of four (4) months from the Effective Date written above, full disbursement of Fifty Thousand Dollars and Zero Cents ($50,000.00), or earlier as provided for herein; provided, however, that the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee up to Fifty Thousand Dollars and Zero Cents ($50,000.00), In no event shall payments to Grantee under this Agreement exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements. b. DISBURSEMENT OF GRANT FUNDS. All requests for the disbursement of grant funds by the Grantee shall be certified by the Grantee's authorized representative and submitted to the SEOPW CRA for processing prior to the termination of this Agreement. All requests for disbursement of said grant funds must be in writing and must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that said request is being made in accordance with the Program's approved scope of work and budget, and for expenditures incurred during the Term of this Agreement, as reflected in Exhibits "B" and "C". For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in the name of the Grantee, and not in the name of the SEOPW CRA in light of the Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for immediate termination of this Agreement, and the Grantee shall bear the costs associated with any expenditures not approved by the SEOPW CRA prior 'to the date of termination. Grantee understands and acknowledges that the SEOPW CRA shall not disburse grant funds for any expense that has not been previously approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by the Grantee. c. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within approved scope Page 2 of 10 of work and budget attached hereto as Exhibits "B" and "C", and the. SEOPW CRA reserves the right to, deny any and all requests it deems to be outside of the scope and budget. d. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all budget modifications, in writing, including line -item expenditures which exceed budgeted amount, to the Executive Director. e. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Program -specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. f. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials or equipment which have not been delivered to the Grantee for use in connection with the Program, except for mobilization funds as described in Section 5(g) below. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the SEOPW CRA 's activities in issuing the Grant. SEOPW CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Program; or e. Take such other remedies that may be legally permitted. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the SEOPW CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Program for a period of five (5) years after the expiration, early termination, or cancellation of this Agreement. b. REPORTS. The Grantee shall deliver to the SEOPW CRA reports relating to the use of the Grant as requested by the SEOPW CRA , from time to time. Failure to provide said reports shall result in grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Page 3 of 10 Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of the Grantee's records pertaining to the Grant and to visit the Program, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 9. UNUSED FUNDS. Upon the expiration of the term of this Agreement, the Grantee shall transfer to the SEOPW CRA any unused Grant funds on hand at the time of such expiration. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the scope of work and budget set forth in Exhibits "B" and "C". b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Program in accordance with the scope of work and budget set forth in Exhibits "B" and "C". All expenditures of the Grant will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the SEOPW CRA for the amount of the Grant expended in a manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 11. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability or any other member of a protected class be excluded from the Page 4 of 10 participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict -of -interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities and is subject to amendment or termination due to lack of finds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to the Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW CRA's contribution to the Program, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. Grantee's acknowledgement shall consist of the following: "Sponsored by the Southeast Overtown/Park West Community Redevelopment Agency. b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. The Grantee further agrees that the SEOPW CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the SEOPW CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the SEOPW CRA 's name and logo beyond the right granted in this Agreement. 15. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. The Grantee understands and agrees that termination of this Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and discharges the SEOPW CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Page 5 of 10 17. INDEMNIFICATION OF THE SEOPW CRA . The Grantee agrees to indemnify, defend, protect and hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement or the Program, including risk of loss of artwork on display, or otherwise stored within public premises for the duration of this Agreement or the Program, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 18. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "D", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Program under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA . If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, SEOPW CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA shall pay Grantee expenses incurred for the Program, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 19. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and the Grantee as to the terms and conditions of this Agreement, the Executive Director of the SEOPW CRA and the Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the SEOPW CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. Page 6 of 10 20. INTERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and the Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 21. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. Page 7 of 10 22. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by the Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the SEOPW CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 23. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the SEOPW CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 24. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA 's prior written consent which may be withheld by the SEOPW CRA , in its sole discretion. 25. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 26. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. 27. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To SEOPW CRA: To Grantee: James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2"d Avenue, 3rd Floor Miami, FL 33136 Email: JMcQueen@miamigov.com With copy to: Vincent T. Brown, Esq., Staff Counsel Email: VTBrown@miamigov.com The Miami -Dade North Arts and Humanities Foundation, Inc. 701 Brickell Avenue, Suite 3300 Miami, Florida 33131 Email: marilyn.holifield(cr�hklaw.com 28. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension Page 8 of 10 programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA . 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in and made a part of this Agreement. IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and the Grantee have executed this Agreement. Page 9 of 10 ATTEST: �� By: ♦ Todd B. Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. Staff Counsel WITNESSES: By: Print: Print: SLL Scr,_,A n A_- 15OtAAA_ R-e9la 15arri o s SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuance to Section 163.356, Florida Statutes James McQueen, Executive Direct APPROVED AS QUIREMEN An -Marie S D' ector of R k M agement MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, Inc. or? not for profit corporation. ("Grantee"): B Page l0 of 10 oilfield, Boar hair Exhibit "A" Resolution No. CRA-R-23-0037 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-23-0037 File Number: 14365 Final Action Date:7/27/2023 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE SEOPW CRA, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE SEOPW CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION FROM THE GRANTS AND AIDS" ACCOUNT NO. 10050.920101.883000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDING, IN AN AGGREGATE AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY THOUSAND NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($160,900.00) TO PRESERVE HISTORICAL CULTURAL HERITAGE BY SUPPORTING THE CULTURE AND ARTS PROGRAMS ("PURPOSE") OF THE ORGANIZATIONS SET FORTH IN EXHIBIT "A", ATTACHED IN INCORPORATED HEREIN; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AGREEMENTS, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL; FOR THE ALLOCATION OF THE FUNDS FOR THE PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF RECITALS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update (the "Plan"); and WHEREAS. Section 2. Goal 1 of the Plan, provides for the preservation of cultural heritage. "by incorporating the cultural arts as a critical component of economic development" as a stated redevelopment goal; and WHEREAS, Section 2. Goal 4 of the Plan, provides for the creation of jobs within the community and cultural ventures that will provide life sustaining jobs to residents. as a stated redevelopment goal; and WHEREAS, Section 2. Goal 6 of the Plan, lists "improving the quality of life for residents-, as a stated redevelopment goal; and City of Miami Page 1 of 3 File ID: 14365 (Revision:) Printed On: 8/4/2023 File ID: 14365 Enactment Number: CRA-R-23-0037 WHEREAS, Section 2, Principle 3 of the Plan, further provides that "there must be variety in housing options" as a stated redevelopment principle; and WHEREAS, The organizations, (Florida Film House International Inc., and Miami -Dade North Arts & Humanities Foundation Inc.) (the "Organizations") more particularly defined in Exhibit "A" attached and incorporated herein provide programs which preserve the rich history of the redevelopment area by bringing culture and art initiatives which will create jobs and connect communities ("Purpose"); and WHEREAS, the Organizations listed in Exhibit "A," attached and incorporated herein have completed applications and requested funding to assist with arts and cultural programs, as described in their respective proposals as set forth in Exhibit "B," attached and incorporated herein; and WHEREAS, the Organizations' missions continue to align with the Purpose stated herein; and WHEREAS, the Board of Commissioners wishes to authorize funding in the aggregate amount not to exceed One Hundred Sixty Thousand Nine Hundred Thousand Dollars and Zero Cents ($160,900.00) ("Funds") to the Organizations listed and in the respective amounts as set forth in Exhibit , and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Section 18-85(A) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in forms acceptable to the General Counsel, the Funds to the Organizations set forth in Exhibit "A," subject to the availability of funds; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, pursuant to Section 18-85 (A) of the City Code, as adopted by the SEOPW CRA, and waiving the requirements for said procedures is ratified, approved, and confirmed. Section 3. The Executive Director is hereby authorized to disperse the Funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from the Grants and Aids" Account No. 10050.920101.883000.0000.00000, subject to the availability of funds to the Organizations set forth in Exhibit "A." Section 4. The Executive Director is authorized to negotiate and execute an agreement, including any and all necessary documents and all -in forms acceptable to the General Counsel, for said Purpose to the Organizations set forth in Exhibit "A". Section 5. Sections of this Resolution may be renumbered or re -lettered and correction of typographical errors which do not affect the intent may be authorized by the Executive Director, or the City of Miami Page 2 of 3 File ID: 14365 (Revision:) Printed on: 8/4/2023 File ID: 14365 Enactment Number: CRA-R-23-0037 Executive Director's designee, without need of a public hearing, by filing a corrected copy of the same with the SEOPW CRA Board Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ce ro . 'ts dirC ounsel 7/20/2023 City of Miami Page 3 of 3 File ID: 14365 (Revision:) Printed on: 8/4/2023 Exhibit "B" Scope of Work Southeast Overtown/Park West Community Redevelopment Agency Work Traininj/Economic• Development/Youth Pro-ranuni,,L'/A,•t &Culture Grant Application Effective July 1, 2023 Program Policies and Procedures Purpose The Job/Work Training Grant is designed to assist service providers funding to address all actions affecting the Redevelopment Area by providing employment options that should be located within the redevelopment area neighborhoods to accommodate those residents within the redevelopment area who wish to reduce dependence on automobiles and long commutes. Service providers must be able to offer basic financial literacy training, job training, education, and other supportive services for people with extremely low incomes that cannot qualify for home ownership. Program Goals: • Create Jobs within the Community. • Promote & Market the Community as a Cultural & Entertainment Destination, • improve the Quality of Life for Residents • Promote Entrepreneurship and Technology Innovations The Econanic Development Grant is designed to assist for -profit small businesses located in the Redevelopment Area by providing capital for start-up funding, asset building, scaling, and the likeness, for for -profit entities that would otherwise be scarce with investment resources. Businesses must be able to show full competency in their business plan, bookkeeping, accounting, etc.; must show a level of equity from other sources, including internally; and must show utmost compliance in the structure of their business. For profit entity owners must come in with the understanding that the intention of this grant partnership is to not create a perpetual dependence on redevelopment funds. Program Goals: • Expand the Tax Base using Public -Private Principles • Create Jobs within the Community • Promote & Market the Community as a Cultural & Entertainment Destination • improve the Quality of Life for Residents • Promote Entrepreneurship and Technology Innovations 2 The youth Programming Grant is designed to assist service providers in funding initiatives that are catered specifically to the under 18 demographics in the Redevelopment Area. These programs can encompass a wide variety of services — including but not limited to trainings, educational opportunities, field trips, internships, etc. Service providers of this category are expected to provide a safe and fostering environment for the local youth and be earnest in catering to a young population that is indeed located in the Redevelopment Area. Program Goals: • Create Jobs within the Community • Promote & Market the Community as a Cultural & Entertainment Destination • Improve the Quality of Life for Residents • Promote Entrepreneurship and Technology Innovations • Foster Safe Community initiatives The Art and Culture Grant is designed to assist service providers helping to promote, explore, and preserve the unique and historical sociocultural value of the Redevelopment Area. Service providers must be able to display consistency with a set of program goals in event creation, outreach; and turnout, particularly via a hyper focus on the local population of the redevelopment area and their participation; as well as earnestly and generally align with the Redevelopment Goals as stated in the following. Program Goals: • Preserve Historic Buildings & Community Heritage • Expand the Tax Base using Public -Private Principles • Create Jobs within the Community • Promote & Market the Community as a Cultural & Entertainment Destination • Improve the Quality of Life for Residents • Foster Safe Community Initiatives 3 Location: The legal description of the Redevelopment Area is physically defined as beginning near the southeast corner of Lummus Park; at the southwest corner of the intersection of NW 2nd Street and NW 3rd Court; continue north to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 7th Avenue; then north along the east side of NW 7th Avenue to the north side of NW 22nd Street; then east along the north side of NW 22nd Street to the east side of NW 5th Avenue; then south on the east side of NW 5th Avenue to the North Side of NW 22nd Street; then east on the north side of NW 22nd Street to the west side ofNW 2nd Avenue; then north on the west side of NW 2nd Avenue to the north side of NW 22nd Street; then east on the north side of NW 22nd Street to the east side of NW Ist Place; then south on the east side of NW 1st Place to the north side of NW 14th Street; then east along the north side of NW 14th Street to the east side ofNW 1st Avenue; then south along the east side of NW 1st Avenue to the southern edge of the 1-395 ROW; then east along the southern edge of the 1-395 ROW to the western side of Biscayne Boulevard; then south along the west side of Biscayne Boulevard to the north side of NE 5th Street; then west along the north side of NE 5th Street to the west side of North Miami Avenue; then south along the west side of North Miami Avenue to the north side of NW Ist Street; then west along the north side of NW 1st Street past NW Ist Avenue, to include properties abutting the west side of NW 1st Avenue; then north along the western edge of said properties to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 3rd Avenue; then south along the east side of NW 3rd Avenue to the south side of NW 2nd Street; then west along the south side of NW 2nd street to the southwest corner of the intersection of NW 2nd Street and NW 3rd Court, A map of the CRA boundaries can be found at: https://experienceovertown.com/cramap/ II. General Provisions The funding assistance provided under the grant program is intended to be on a reimbursement basis. The CRA has the exclusive authority to determine funding distribution and to approve or deny Grant applications based on its determination as to the benefits to the Southeast Overtown / Parkwest CRA produced by requested proposals. The SEOPW CRA may impose any conditions of approval it deems suitable to protect the interests of the agency, including a duly executed contract. Applicant Criteria: • Must be an established restaurant, retail business or eligible business and/or organization for a minimum of twelve months in a consecutive year within the Southeast Overtown/ Parkwest CRA boundaries. • Must be able to justify assistance through the financial growth of the business and its competitiveness in the marketplace. • Business owners will be required to complete an initial consultation with the Overtown Business Resource Center (OBRC) to develop the most effective growth strategy and appropriation of grant funding. • If the applicant is seeking payroll assistance, employees must be W-2, as defined by the CRA, whose wages are reported to the state and federal government. No more than one of the two required full-time equivalent positions may be occupied either by the owner of the business/organization receiving the grant, or by an employee who is related to the owner of the business/organization receiving the grant. Payroll expenses must also not exceed 20% of the requested budget. Applicants are encouraged to speak with SEOPW CRA staff to discuss their project qualifications and eligibility for reimbursement under the Program before applying. The OBRC. 4 In partnership with the CRA, will make a final recommendation on the eligible expenses. I11. Criteria Considered Criteria considered when reviewing applications include, but are not limited to: a. Compatibility with development plan(s) and guidelines, e.g.,SEOPWCRA Redevelopment Plan. b. The use of the business. c. The applicant's business or operational plan and financial stability. d. The amount of private resources invested in the project; e. Additional grant funding from other sources IV. Eligible Expenses a. Directly related to the proposal. b. specifically and clearly detailed in the proposal budget. c. incurred or paid within the Grant Period during the fiscal year. V. ineligible Expenses a. Expenses incurred or obligated outside of the grant period. b. Costs associated with bad debts, contingencies (money set aside for possible expenses), fines and penalties, interest, taxes (does not include payroll taxes), depreciation and other financial costs including bank fees and charges and credit card fees VI. Ineligible Businesses The following businesses will not be considered for funding by the Program: a Businesses operating outside of the Redevelopment area. b. Businesses operating inside of the Redevelopment area for less than six months. c. For payroll requests, businesses with no W-2 employee or report employee wages d. Any business that is a non -conforming use as determined by the SEOPW CRA VII. Funding Guidelines The SEOPW CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to the Grantee for use in connection with the Program. Program assistance is available based on a first -come, first -serve' basis, according to program eligibility, application completeness and the availability of funds. There is no guarantee that funding will be available for every application submitted, including those that meet the required criteria. The SEOPWCRA reserves the right to stipulate guidelines for reimbursement. Assistance from the SEOPW CRA Grant program, at the sole discretion of the SEOPWCRA, may be combined with subsidies from other public or private programs. Assistance from other sources may serve as SEOPWCRA's required matching funds although expenses covered under other CRA programs are not eligible. Funding for approved projects may be carried out from one fiscal year to the next at the sole discretion of the SEOPW CRA. 5 VIII. Application Checklist Every application package must include the following items before it will be processed and considered for approval: • Signed and completed application form. • Statement of Work Document • Project Proposal • Detailed Project Budget • City of Miami and Miami -Dade County business licenses • Articles of incorporation from the State of Florida. • Detailed budget for entire project including detailed breakdown of the budget. NOTE: Changes to application and budget may be required after consultation. IX. Application Processing Procedure The SEOPWCRA will adhere to the following procedural steps when processing applications for assistance for grant. Applicants are free to discuss the application process with staff prior to applying. 1. Applicant completes application and submits it to SEOPWCRA staff, along with completed checklist items. 2. SEOPWCRA staff reviews the submitted application package for eligibility and completeness. 3. Applicant meets with OBRC for project review. 4. SEOPW CRA staff may bring eligible and complete application packages to the SEOPW CRA Executive Team for input and recommendations for funding based on criteria outlined in Section III. 5. SEOPW CRA staff bring application packages that have received recommendations for funding to the SEOPW CRA Board for approval. 6. SEOPW CRA staff provides a written notification to applicants of approval or denial of funding. If funding is denied, the reason(s) will be stated in the written notification. It is anticipated that application packages will be reviewed and presented to the Southeast Overtown/ Park West CRA Executive Team within approximately 45 days after receipt by staff. Those applications receiving funding recommendations will be presented to the SEOPW CRA Board for approval. 6 X. Commencement and Completion All work must be completed within the Fiscal Year period of the application approval. If work has not been completed within the fiscal year period, funds will be put back into SEOPW CRA program account and reassigned to other projects. The SEOPW CRA Grants are contingent upon funding availability and CRA approval and are not to be construed as an entitlement or right of an applicant. Programs in the Redevelopment area are not eligible for SEOPW CRA funded programs when such funding conflicts with the goals expressed in the SEOPW CRA Community Redevelopment Plan. 1 have read completely and understand the program, including the application guidelines and grant reimbursement process. Applicant Name: mAf;)r Applicant Signature: &ay 7 a Date: SEOPW CRA Grant APPLICATION June 27, 2023 Date ofApplication: Indicate the type of Grant Applying for (Work TraiuinglEconomic Development/Youth Programming/Art &Culture): Art & Culture 1. Name of Business/Organization requesting funding: Miami -Dade Arts & Humanities Foundation. Inc. dba Miami Museum of Contemporary Art for the African Diaspora (fvliami MoCAAD) 2. Address of Business/Organization requesting funding: 701 l3rickell Avenue. Suite 3300. Miami, FI, 33131 3. Total Funding Amount Requested: Soul Basel Kickoff $ 97,700 Premiere of Virtual Art Exhibit: ARt Connecting Communities - Overtown and Coral Gables $ 38,200 Total $135,900 4. Name of Applicant/Authorized Representative: Marilyn I-lolilield 5. Phone: 305 789-7730 >;mail: marilyn:holilielcl@hklaw.com Fax: 305 789-7799 6. How many jobs will be created with grant funding for residents within the Redevelopment Area? Temporary jobs I'or starling cultural event 4-8 8 7. How many employment opportunities will be provided to residents within the Redevelopment Area? 4-8 8. How many training courses will be provided to residents within the Redevelopment Area? not applicable 9. Identify the name(s) of the training certifications that will be provided to residents within the Redevelopment Area once completion of course? not applicable 10. How many .Job Fairs will be conducted for program participants monthly? none 11. How will the program affect residents after completion? In collaboration with the Miami -Dade public Library System, a series of art and technology workshops will be offered to provide hands on virtual reality experiences to Overtown residents. Applicant/ Authorized Representative Name: Miami -Dade Arts & Humanities Foundation. Inc. dim Miami Museum of Contemporary Art for the African Diasivra (Miami MoCAAD)// r °d'd o 14,t® F 4 . I ' Applicant Signature: Aw. • �-• ' Print Namc: ► "`a(t` f v‘i-foftl(t`e(c1 1)a te: & 1 0--6 (A3 9 DocuSign Envelope ID: 7A6841 F8-6EA7-458A-8E26-19088A2AA407 ROI 617,11M MIAMI MoCAAD James McQueen, Executive Director Southeast Overtown / Park West Community Redevelopment Agency 819 NW 2nd Ave., 3rd floor, Miami, FL 33136 June 26, 2023 Dear Mr. McQueen: Thank you for considering this application on behalf of Miami -Dade Arts & Humanities Foundation, Inc. dba Miami Museum of Contemporary Art of the African Diaspora (Miami MoCAAD) for funding in the amount of $97,700 to support our 2023 Soul Basel kickoff event on December 4, 2023, at the Urban in Overtown and $38,200 to support our world premiere of Knight New Work and Virtual Art Exhibit March 2024 at the Historic Lyric Theater in Overtown for $135,900. Miami MoCAAD's mission is to discover, commission, collect and preserve the work of the most advanced contemporary artists of the global African Diaspora and exhibit this art at the highest level both at home and abroad. The programs that we present in the Overtown community are critical to that mission and position Overtown as a nexus for innovative art and technology projects with a local, national and international audience and team of creatives. Extensive traditional and digital marketing will ensure that both locals and visitors during Miami Art Week have broad awareness of Overtown's significance as a cultural and entertainment destination. Miami MoCAAD is leveraging technology to create a platform that brings the contemporary art of Africa and its Diaspora center stage, connects people, and modernizes the museum experience. Miami MoCAAD's 2023 Soul Basel Kickoff on Monday, December 4, will feature the world premiere of the film, This Life: Black Life in the Time of Now, together with supporting augmented and virtual reality features. This virtual art exhibition will feature four artists from the African Diaspora and is being curated by Anthony Bogues of Brown University and the University of Johannesburg. This Time of Now virtual exhibit project will feature art, film, augmented and virtual reality components, spoken word, original music, and a digital art catalog. Miami MoCAAD won a Knight Foundation grant to commission new work. Miami MoCAAD's World Premiere of The Day I Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables will present new work by South Florida based visual artist, Marielle Plaisir, together with a film supported by augmented and virtual reality. This innovative project will include art and technology to virtually connect the Overtown and Coral Gables communities, and a short film by Michael Anderson, documenting the process and its extended reality features. Both virtual art exhibit films, intended to excite and inspire audiences about African and Diaspora art, will be produced by five -time Regional Emmy Award Winning filmmaker, Michael Anderson, a Miami native. At both premieres, we will screen the film, offer augmented and extended reality experiences, present a hybrid Creative Conversation with members of the team behind the exhibition. celebrate Soul Basel 2023 with the film's spoken word artist, live music, food and a DJ. The virtual art exhibit is being funded primarily by grants from the John L. and James S. Knight Foundation and the Andrew W. Mellon Foundation, with support from Miami -Dade County. The work that the CRA does in support of the Overtown community is critical, especially in these difficult times of uncertainty. We believe this Soul Basel Kickoff Celebration and the premiere of ARt Connecting Communities-Overtown and Coral Gables will highlight the CRA's support of 1 DocuSign Envelope ID: 7A6841 F8-6EA7-458A-8E26-19088A2AA407 innovative art and technology offerings in Overtown. Thank you for considering our proposal. Please let us know if you would like additional information. Sincerely, .---o«uslyn.a by: 7650 4s os3 a v arllyn ilolifield and Hans Ottinot Co -Founders Miami -Dade Arts and Humanities Foundation, Inc. dba Miami Museum of Contemporary Art of the African Diaspora Cc: Hans Ottinot 2 DocuSign Envelope ID: 7B2E9259-5A71-4188-8124-3FEE3988FEF6 MIAMI MoCAAD tdiami Mtlseurn of Contemporaryof the Mice) Diaspora Marilyn 1Io'i)ield 701 BiicI ell Avenue, Suite 3300 Mr+mi, i I 33131 (305) 78'3 7730 June 26, 2023 HAND -DELIVERY Mark Stallworth, Program Compliance Analyst SEOPW CRA Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 Dear Mark: The Miami Museum of Contemporary Art of the African Diaspora (Miami MoCAAD) appreciates the opportunity to apply for funding of the premiere screening in Overtown of two innovative virtual art exhibits: (1) 2023 Soul Basel Kickoff which will premiere the innovative virtual art exhibit titled, This Life: Black Life in the Time of Now on December 4, 2023 at The Urban in Overtown and (2) the premiere presentation of new artwork by Marielle Plaisir and screening of the virtual exhibit presenting the new art titled, The Day 1 Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables on March 21, 2024 at the Historic Lyric Theater. Enclosed are the following documents supporting Miami MoCAAD's application: • Signed and completed application form. • Statement of Work Document • Project Proposal • Detailed Project Budget • Articles of Incorporation from the State of Florida. • Detailed budget for entire project including detailed breakdown of the budget. Please let me know if modifications or additional information is needed. Best regards, -DocuSIgned by: \-200845 53 4,4 Marilyn oilfield Enclosure 1224417705v 1 <Active> - Miami MoCAAD letter to Mark 5tallsworth enclosing Grant Application DocuSign Envelope ID: 7B2E9259-5A71-4188-8124-3FEE3988FEF6 #224417705v1 <Active> - Miami MoCAAD letter to Murk Stallsworth enclosing Grant Application MIAMI MoCAAD Project Proposal for Arts and Culture Funding and Budget Narrative, dated June 26, 2023 Introduction: Miami MoCAAD is at a critical point in its growth. We envision a hybrid brick -and - mortar and virtual facility that incorporates cutting -edge technology. With funding support from the John S. and James L. Knight Foundation, matched funds from the Andrew W. Mellon Foundation, Miami MoCAAD is completing the creation a five-year strategic plan encompassing all of the steps of launching a hybrid museum. The museum will leverage technology to create a platform that brings the contemporary art of Africa and its Diaspora to center stage, connects people, and modernizes the museum experience. As Miami MoCAAD advances forward, we will continue to present hybrid in -person and virtual exhibitions and public programs featuring art that will provoke, touch the human spirit, show joy, beauty, triumph, challenges, sorrow, and hope —and connect diverse people within and outside the African Diaspora, locally and globally. Miami MoCAAD's 2023 Soul Basel Kickoff on Monday, December 4, will feature the premiere of This Life: Black Life in the Time of Now. This virtual art exhibit will feature four artists from the African Diaspora and is being curated by Anthony Bogues of Brown University and the University of Johannesburg. The virtual art exhibit project will include art, film, augmented and virtual reality components, spoken word, original music, and a digital catalog. The December 2023, Soul Basel Kickoff premiere at The Urban in Overtown will present the film of the virtual art exhibit, offer augmented and virtual reality experiences, and present a hybrid Creative Conversation with the team behind the exhibition. The curatorial team will produce a digital exhibition catalog with images of the art and information about the artists, curators, and the ideas behind the project. The March 2024 premiere of The Day I Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables at the Historic Lyric Theater in Overtown, Miami MoCAAD will present the new artwork of Marielle Plaisir, a French -Caribbean multimedia artist based in South Florida. Her artwork examines social domination, colonialism, race and class in relation to African American and Caribbean experiences. The augmented and virtual reality components of the project will have the artwork "embedded" in well-known locations in Overtown and Coral Gables that relate to narrative aspects in the work. The user experience will include a tour introducing the social histories of these sites, developed with consultation from historian, Dr. Dorothy Fields, founder of the Black Archives, who will provide context for the venues and connections between the two cities. Both virtual exhibits and accompanying augmented reality experiences will be accessible and free of charge via Miami MoCAAD's website. Extensive traditional and digital marketing will ensure that both locals and visitors have broad awareness of Overtown's significance as a cultural and entertainment destination. The production of the virtual exhibitions, film and extended reality features have been largely funded by the John S. and James L. Knight Foundation, Miami -Dade County and the Andrew W. Mellon Foundation. The Team: This Life: Black Life in the Time of Now and The Day I Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables Curator —Anthony Bogues, This Life: Black Life in the Time of Now https://vivo.brown.edu/display/bboques https://www.viad.co.za/anthony-boques 1 b.PM0 MIAMI MoCAAD IGr+nt.•�Gv, ro4Ai✓ilri;ry>,:w. Knight New Work Artist, Marielle Plaisir, The Day I Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables, Digital Provider Xennial Digital https://www.xennialdigital.com/ Production Team Michael Anderson & Team Producer/Filmmaker—Michael Anderson 5x Regional Emmy Awards https://www.linkedin.com/in/michaelanderson42 https://www.wlrn.orq/news/2021-12-13/wlrn-tv-wins-four-regional-emmys-for-documentaries-on- hometown-heroes-survivors? amp=true Director —Fabian Cardenas https://www.linkedin.com/in/director78 Director of Photography —Gabriel Soyka https://www.linkedin.com/in/dabriel-soyka-7550b5lab Writer/Storyteller—Bea Hines, https://www.miamiherald.com/news/local/community/miami- dade/miami-gardens/article272117877.html Composer/Music—Alexander Star https://www.jango.com/music/Alexander+Starr/ full bio Spoken Word Artist—Christell Roach https://www. poetryfoundation.orq/poets/christell-roach Visual Artists —Cameron Rowland (U. S.); Rosana Paulino (Brazil); Additional Confirmations expected by June 30, 2023. Historian, Dr. Dorothy Fields, Meet The Founder I The Black Archives Project Purpose: The purpose of these virtual exhibits in Overtown is to entertain, engage, educate and empower audiences by making interactive, contemporary art of the African Diaspora accessible via Miami MoCAAD's innovative virtual exhibitions, This Life: Black Art in the Time of Now and The Day I Heard the Sounds of the World: ARt Connecting Communities- Overtown and Coral Gables. Holding the premiere of these innovative, technology infused virtual exhibits in Overtown will reinforce Overtown as a cultural and entertainment destination. Goals • To entertain, engage, educate and empower audiences in -person and virtually about art created by artists of the African Diaspora • To successfully launch to a local and global audience the premiere of two innovative virtual art exhibits that showcase artists of Africa and the Diaspora • To expand the reach of art and artists of Africa and the Diaspora to new audiences locally and globally • To position Overtown as a destination for contemporary African and Diaspora art in Miami, nationally and globally 2 SIAS MIAMI MoCAA.D Objectives Deliverables • Present an AR and VR-supported virtual exhibitions and films featuring contemporary art of the African Diaspora, featuring visual artists who tell complex international stories, a spoken word artist to inspire excitement and curiosity, original music that reflects the heritage of the artists presented • Build a world -class team of art, film and technology professionals, including creatives from Overtown and around the world, to plan and execute the project on deadline • Use the two virtual art exhibits as vehicles to expand the digital reach of Overtown's cultural offerings and Miami MoCAAD's programs and through a robust digital marketing effort • Ensure high attendance at the in -person premiere events and hybrid creative conversation and follow up community screening and Art + Technology workshops in Overtown • Soul Basel Kickoff 2023, premiere screening of AR/VR supported virtual art exhibit, This Life: Black Life in the Time of Now and catalog featuring four artists and Creative Conversation with the team behind the exhibit • March 2024 premiere presentation of new art and virtual art exhibit, The Day / Heard the Sounds of the World: ARt Connecting Communities- Overtown and Coral Gables. • Broadcast -quality film documenting the artists and exhibition • Marketing campaign launched in advance of both premiere screening events • Digital and traditional marketing • Enhanced website • Community screening and art+tech workshops in Overtown in 2024 following the premiere Scope of Work: March - April 2023: Engage curator (Anthony Bogues), filmmaker (Michael Anderson) and digital provider (Douglas Fajardo, Xennial Digital); begin production of Digital Pilot Virtual Exhibition; engage digital and public relations team (producer/social media manager) March -April 2023 Engage artist, Marielle Plaisir, Historian, Dr. Dorothy Fields, Storyteller, Bea Hines June -November 2023: Production of virtual exhibit, digital exhibit catalog, AR and VR; ongoing PR and social media campaigns in advance of December digital pilot virtual exhibition launch November 2023: Digital pilot virtual exhibition & digital exhibit catalog ready for launch 3 MIAMI MoCAAD December 4, 2023: Digital pilot virtual exhibition & digital exhibit catalog to premiere in partnership with the Southeast Overtown Park / West CRA at Soul Basel kickoff event at The Urban in Overtown November 2023-March 2024: Collaborate with Miami -Dade Public Libraries and other public venues on screenings to showcase the film and VR experiences; collaborate with Tech Girl Power and other community partners on outreach; ongoing outreach and assessment. Collaborate with Historic Lyric Theater to host community screening of virtual exhibit and workshops January -March 2024: Ongoing assessment of This Life: Black Life in the Time of Now virtual exhibition analytics Work Location: The Soul Basel kickoff event will take place in Overtown at the Urban, located at 1000 NW 2nd Ave, Miami, FL 33136. The Premiere of the New Work by Marielle Plaisir will take place at the Historic Lyric Theater, located at 819 NW 2nd Ave., Miami, FL 33136. Tasks: • Miami MoCAAD will engage a curator, filmmaker, and digital provider to begin production of a Digital pilot virtual exhibition & digital catalog entitled, This Life: Black Life in the Time of Now • Miami MoCAAD will commission Marielle Plaisir to create new art, The Day I Heard the Sounds of the World • Miami MoCAAD will engage digital and public relations teams to lead digital and traditional PR campaigns promoting the exhibition and launch the exhibits and to update Miami MoCAAD's website and social media platforms to feature the projects • The virtual exhibit, digital catalog, AR and VR will be produced during the fall, and ongoing PR and social media campaigns will be launched in advance of the December Soul Basel kickoff event and March new art event • The virtual exhibition & digital catalog This Life: Black Life in the Time of Now will be ready for launch by November, and Miami MoCAAD will organize pre -launch screenings to test technology • The virtual exhibition "This Life: Black Life in the Time of Now" will be ready for launch by November, and Miami MoCAAD will organize pre -launch screenings to test technology • The virtual art exhibit and AR/VR experience features will premiere at the Soul Basel Kickoff event to be organized in partnership with the Southeast Overtown Park / West CRA at The Urban in Overtown; Miami MoCAAD will collaborate with the Miami -Dade Public Library System on screenings and VR availability, and with collaborate with Tech Girl Power on outreach Milestones 1, Production team hired (April 15, 2023) 2. Digital marketing team in place (on or before August 1, 2023) 3. Digital marketing plan complete (on or before September 1, 2023) 4. Digital marketing launch (on or before September 30, 2023) 5. Exhibition and supporting AR/VR components ready for launch (November 1, 2023) 6. Pre -screenings of film and extended reality Experiences (November 2023) 7. Soul Basel Kickoff Celebration (December 4, 2023) Kickoff Celebration for Soul Basel 2023: Launch film documenting the artists and exhibition; Host hybrid Creative 4 • MIAMI MoCAAD Conversation with entertainment: spoken word artist, live band and DJ; food, AR and VR experience 8. Digital catalog released (December 4, 2023) 9. Digital marketing launch (on or before January 15, 2024), ARt Connecting Communities 10, Exhibition and supporting AR/VR components ready for launch 11. Pre -screenings of film and extended reality Experiences 12. Premiere presentation of new art and virtual exhibit, March 21, 2024. Kickoff Celebration Launch film documenting the artist and exhibition; host hybrid Creative Conversation 13. Community screening of film and virtual exhibit. Community art+tech workshops Grants Applied to for Additional Funding and Status: Miami MoCAAD was successful in obtaining several grants. The virtual art exhibits project is being funded primarily by grants from the John S. and James L. Knight Foundation, Miami -Dade County and the Andrew W. Mellon Foundation with support from Brown University Monthly Calendar/Schedule Virtual Art Exhibit funded by Knight and Mellon Foundations and Miami Dade County This Life: Black Life in the Time of Now September: Continue production of virtual exhibition, digital catalog and film, AR and VR; launch digital marketing; October: Continue production of virtual exhibition, digital catalog and film, AR and VR; continue digital marketing; November: Digital catalog and film, AR and VR ready to launch; continue digital marketing December 4: Soul Basel Kickoff Celebration with premiere showcasing of Digital pilot virtual exhibition, digital catalog, in partnership with the Southeast Overtown Park / West CRA at Soul Basel kickoff event at The Urban in Overtown. 2024—Ongoing screenings and art+tech workshops focusing on film and extended reality components in Overtown and throughout Miami Dade County Provide Monthly Calendar/Schedule: Virtual Art Exhibit funded by Knight Foundation and Miami Dade County, Then / Heard the Sounds of the World: ARt Connecting Communities-Overtown and Coral Gables September 2023 • Artist, Marielle Plaisir, develops project (test prints, fabrication of the Baklit) October 2023 • Xennial Digital starts to design and develop a mobile app with Augmented Reality functionality, integrating Plaisir's layers in a manner that users can "walk through" and immerse themselves in the artwork. November 2023 • Continue developing mobile app with augmented Reality functionality, integrating Plaisir's layers in a manner that users can "walk through" and immerse themselves in the artwork. 5 MIAMI MoCAAD ,December 2023 • Xennial Digital continues developing app (add hotspots where users can activate audio or video content, ability to view artwork in other locations, incorporate artist interviews, incorporate map, photo capture/share functionality) • Test application • Miami MoCAAD develop outreach and marketing January 2024 • Test and troubleshoot AR and VR • Launch PR/digital campaign • Produce video documenting the project February 2024 • Continue testing and troubleshooting AR and VR • Continue PR/digital campaign • Produce video documenting the project March 2024 • March 2024, premiere the artwork and virtual art exhibit at Lyric Theater Budget Narrative: Soul Basel Kickoff, Virtual Art Exhibit Funding in the amount of $97,700 will support the production and launch of the virtual exhibition and associated film This Life: Black Life in the Time of Now and related public programs. 18,700 will be contributed to the launch event to cover the rental fee for The Urban, furniture and linen rental, staging and projection equipment, and photo and video booths. Food and beverage for the event will cost $12,000, and the total cost of staffing will be $5,350. Entertainment will include a live band, spoken word performer Christelle Roach, hybrid virtual production fees, and a DJ, totaling $12,150. Marketing will include photography and videography, digital marketing, the digital exhibition catalog, public relations and community outreach, banners and other signage, totaling $35,500. Administrative costs including event planning, insurance and fiscal management will total 10,000. Premiere of New Art Work and Virtual Art Exhibit Development of Virtual Art Exhibit Funded by Knight Foundation and Miami -Dade County, Funding in the amount of $38,200 will support the production and launch of the virtual exhibition and associated film "Then I Heard the Sounds of the World: ARt Connecting Communities- Overtown and Coral Gables" and related public programs. $18,700 will be contributed to the launch event to cover the rental fee for the Historic Lyric Theater. Food and beverage for the event will cost $2,000, and the total cost of staffing will be $3,000. Marketing will include, digital marketing, technology, public relations and community outreach, banners and other signage. totaling $15,000. Administrative costs including event planning, fiscal management will total $3,300. 6 850-617-6381 10/11/2013 12:53:45 PM PAGE 1/002 Fax Server tinaanca ca f 0 Vepartment of *top I certify the attached is a true and correct copy of the Articles of Incorporation of MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC., a Florida corporation, filed on October 10, 2013, as shown by the records o this office. I further certify the document was electronically received under FAX audit number H13000226129. This certificate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted belowF The document number of this corporation is N13000009245. 0 861nC�° intr 6atm FA ° �nca�cala nc93 6n Inc �vr az Us V� gn Authentication Code: 113A00023941-101113-N13000009245-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Eleventh day of October, 2013 den ):Betner *uretnrp of to > , � et r , sdnca e nc all\—zs D Dncd[ Cec or �- °nCdrit; 3 850-617-6381 10/11/2013 12;53:45 PM PAGE 2/002 Fax Server October 11, 2013 FLORIDA DEPARTMENT OF STATE Davision of Corporations MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. C/O THE MIAMI FOUNDATION 200 SOUTH BISCAYNE BLVD. #505 MIAMI, FL 33131 The Articles of Incorporation for MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. were filed on October 10, 2013, and assigned document number N13000009245. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. To be official, the certification for a certified copy must be attached to the original document that was electronically submitted and filed under FAX audit number H13000226129. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. It is your responsibility to remember to file your annual report in a timely manner. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Contact the IRS at 1-800-829-4933 for an SS-4 form or go to www.irs.gov. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have questions regarding corporations, please contact this office at (850) 245-6052. Claretha Golden Regulatory Specialist II New Filings Section Division of Corporations Letter Number: 113A00023941 P.O BOX 6327 - Tallahassee, Florida 32314 1-113000226129 3 ARTICLES OF INCORPORATION OF MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. The undersigned, acting as the Incorporator of MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. under Chapter 617 of the Florida Statutes, submits the following Articles of Incorporation. ARTICLE I. NAME The name of this corporation shall be MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. (the "Corporation"). ARTICLE II. PRINCIPAL PLACE OF BUSINESS AND MAILING ADDRESS The principal place of business and mailing address of the Corporation shall be; c/o The Miami Foundation 200 South Biscayne Boulevard Suite 505 Miami, FL 33131 ARTICLE III. DURATION AND COMMENCEMENT OF EXISTENCE The Corporation shall have perpetual existence, commencing with the filing of these. Articles of Incorporation with the Florida Department of State. ARTICLE IV. PURPOSE A. The Corporation is organized as a not for profit corporation for the purpose of supporting the development and other activities of a public museum of Miami Gardens in Miami -Dade County, Florida, which qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code, or any corresponding section of any future federal tax code, or any corresponding section of any future federal tax code. Furthermore, this corporation may engage in only activities permitted under the laws of the State of Florida and the United States of America as shall constitute activities in furtherance of such exempt purposes. B. As a means and incidental to accomplishing the purpose for which this corporation is being operated, it shall have such powers which now are or which hereafter may be conferred by law upon a corporation organized for the purposes hereinabov_e set forth or necessary or incidental to the powers so conferred or conducive to the attainment of the purposes of the corporation, subject to such limitations as are or may be prescribed by laws. C. No part of the income or principal of this corporation shall inure to the benefit of or be distributed to any director or officer of the corporation or any other private individual, in such a fashion as to constitute an application of funds not within the purpose of exempt organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. H13000226129 3 H13000226129 3 However, reimbursement for expenditures or the payment of reasonable compensation for services rendered shall not be deemed to be a distribution of income or principal. D. No part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this corporation shall not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office. E. In the event of the complete or partial liquidation or dissolution of the corporation, whether voluntary or involuntary, the balance of all money and other property received by the corporation from any source, after the payment of all debts and obligations of the corporation, shall be used or distributed, subject to the order of the Circuit Court of the State of Florida, as provided by law, exclusively to one of more organizations then described in Sections 501(c)(3) and 509(a)(1) or 509(a)(2) of the Internal Revenue Code of 1986, as amended, or to the federal, state or local government for exclusively public purposes. ARTICLE V. ELECTION OF DIRECTORS/OFFICERS The Directors of the Corporation shall be elected in the manner set forth in the Bylaws of the Corporation. The names and addresses of the initial Directors of the Corporation are: Marilyn J, Holifield 475 Biltmore Way, Suite 104A Coral Gables, FL 33134 Sheldon Anderson c/o Northern Trust 700 Brickell Avenue Miami, FL 33131* Hans Ottinot 17524 N.W. 61' Court Miami, Florida 33015 ARTICLE VI. LIMITATIONS ON CORPORATE POWER The corporate powers of the Corporation are as provided in Section 617.0302, Florida Statutes, except that no part of the assets or net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, directors, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article IV hereof. *Effective December 2013 - bank will relocate to 600 Brickell Avenue, Miami, FL 33131. 2 H13000226129 3 H13000226129 3 ARTICLE VII, INCORPORATOR The name and address of the Incorporator are Marilyn J. HoHeld, 475 Biltmore Way, Suite 104A, Coral Gables, FL 33134. ARTICLE VIII. REGISTERED AGENT The street address of the initial registered office of the Corporation is Corporate Creations Network Inc. The name of the initial registered agent of the Corporation at that address, who is authorized to receive service of process is 11380 Prosperity Farms Road, #221E, Palm Beach Gardens, FL 33410. IN WITNESS WHEREOF, the undersigned Incorporator has executed these Articles of Incorporation as of this 10th day of October, 2013. Marilyi J. H. ;i reld, Incorporator 3 H13000226129 3 H13000226129 3 ACCEPTANCE OF REGISTERED AGENT DESIGNATED IN ARTICLES OF INCORPORATION That MIAM1 GARDENS ARTS & HUMANITIES FOUNDATION, INC. desiring to organize under the laws of the State of Florida, has named Corporate Creations Network Inc. as its agent to accept service of process within this state. ACKNOWLEDGMENT: Having been named to accept service of process for the above -referenced Corporation at is 11380 Prosperity Farms Road, #221E, Palm Beach Gardens, FL 33410, the undersigned hereby agrees to act in this capacity, agrees to comply with the provisions of all statutes relative to the proper and complete performance of the duties of a registered agent, and accepts the duties and obligations of Section 617.0503, Florida Statutes. Dated this 101I' day of October, 2013. 425910808_vl Corporate Creations Network Inc. By: Michael ' einhold, Vice -President 4 H13000226129 3 REREFERVIONEVEREOE reki i3r.partment of 'tate I certify the attached is a true and correct copy of the Articles of Amendment, filed on October 27, 2014, to Articles of Incorporation for MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. which changed its name t MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, INC., a Florida corporation, as shown by the records of this office. I further certify the document was electronically received under FAX number H14000250998. This certificate is issued in accordance with C section 15.16, Florida Statutes, and authenticated by the code noted ° CThe document number of this corporation is N13000009245. XAuthentication Code: 314A00022991-102814-N13000009245-1/1 VC n� Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-eighth day of October, 2014 fit 'item Det}ner *erret r of *torte 5011111514INNIVANNIENNIVItikil October 28, 2014 FLORIDA DEPARTMENT OF STA I'b Division of Corporations MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, INC. C/O THE MIAMI FOUNDATION 200 SOUTH BISCAYNE BLVD. #505 MIAMI, FL 33131 Re: Document Number N13000009245 The Articles of Amendment to the Articles of Incorporation for MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC. which changed its name to MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, INC., a Florida corporation, were filed on October 27,'2014. The certification requested is enclosed. To be official, the certification for a certified copy must be attached to the original document that was electronically submitted and filed under FAX audit number H14000250998. Should you have any question regarding this matter, please telephone (850) 245-6050, the Amendment Filing Section. Carolyn Lewis Regulatory Specialist II Division of Corporations Letter Number: 314A00022991 P.O BOX 6327 - Tallahassee, Florida 32314 H14000250998 3 ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF MIAMI GARDENS, ARTS & HUMANITIES FOUNDATION, INC. Document no.: N13000009245 Pursuant to the provisions of section 617.1006, Florida Statutes, the Articles of Incorporation of MIAMI GARDENS ARTS & HUMANITIES FOUNDATION, INC., a Florida for not for profit corporation (the "Corporation"), are hereby amended according to these Articles of Amendment: FIRST: The.name of the Corporation is Miami Gardens Arts & Humanities Foundation, Inc. SECOND: "Article I" of the Articles of Incorporation is amended in its entirety to read as follows: "ARTICLE I NAME: The name of the Corporation is "Miami -Dade North Arts & Humanities Foundation, Inc." • THIRD; There are no members or members entitled to vote on the amendment. The amendment was adopted by the Board of Directors on October 27, 2014. IN WITNESS WHEREOF, the undersigned has executed this instrument this 27th day of October, 2014. Maril #33668898_v1 n r. olifield, Di II ector APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G20000015448 Fictitious Name to be Registered: MIAMI MUSEUM OF CONTEMPORARY ART OF THE AFRICAN DIASPORA Mailing Address of Business: C/O MARILYN HOLIFIELD 701 BRICKELL AVENUE, SUITE 3300 MIAMI, FL 33131 Florida County of Principal Place of Business: MIAMI-DADE FEI Number: Owner(s) of Fictitious Name: MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION, INC. C/O MARILYN HOLIFIELD, 701 BRICKELL AVE MIAMI, FL 33131 US Florida Document Number: N13000009245 FEI Number: 46-3941154 FILED Feb 03, 2020 Secretary of State I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. MARILYN HOLIFIELD 02/03/2020 Electronic Signature(s) Date Certificate of Status Requested ( ) Certified Copy Requested ( ) INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: APR 2 9 2019 MIAMI-DADE NORTH ARTS & HUMANITIES FOUNDATION INC 0/0 SEAN J TEVEL 701 BRICKELL AVE STE 3300 MIAMI, FL 33131 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 46-3941154 DLN: 17053303319018 Contact Person: LISA A RONAN Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b)(1)(A)(vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: May 15, 2016 Contribution Deductibility: Yes Addendum Applies: No ID# 17305 We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(0)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations either public charity under exempt under IRC Section 501(c)(3) are further classified as charities or private foundations. We determined you're a public the IRC Section listed at the top of this letter. Based on the information you submitted in your application, we approved your request for reinstatement under Revenue Procedure 2014-11. Your effective date of exemption, as listed at the top of this letter, is retroactive to your • date of revocation. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. if we indicated at the top of this letter that an addendum applies,.the enclosed addendum is an integral part of this letter. For important information about,your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar Letter 947 -2- MIAMI-DADE NORTH ARTS & HUMANITIES to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. We sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, „eve�. AVOW Director, Exempt Organizations Rulings and Agreements Letter 947 Exhibit "C" Budget Miami MoCAAD Miami Museum of Contemporary Art of the African Diaspora Miami MoCAAD Soul Basel Kickoff 2023 Budget Worldwide Premier of AR/VR Virtual Art Exhibit Film "SOUL BASEL 2023 BUDGET" Rental Fees The Urban Gateway LLC (Venue Rental) $ 6,500.00 The Urban Gateway LLC (LED Screen') $ 2,200.00 Pacara LLC/dba Miami Production Trailers ( Trailer for VR Experience) $ 1,657.50 Pretti Party Rental (Branding and Signage) $ 1,406.54 Giscombie Rental (Chairs, Stools etc) $ 1,816.00 Marquee Lights (Miami MoCAAD sign) $ 987.46 The Lounge (Chair Rental for Stage/Panelists) $ 818.55 Subtotal $ 15,386.05 Advertising/Marketing/Branding/Social Media Harris Public Relations (Press Release/Public Relations) $ 6,250.00 Everton Allen LLC (Graphic Design) $ 350.00 Jorge Perez Printing (Bannner, Foamboards etc for Event) $ 1,022.00 IPD Media (Retractable Banners, print cards) $ 690.00 $ 8,312.00 Catering J. Garcia Food Catering $ 9,001.95 Subtotal $ 9,001.95 Videographer/Photographer Pass Story of Diaspora Forward, Inc. (Virtual Technology for Hybrid Program) $ 7,300.00 Subtotal $ 7,300.00 Administrative Costs Event Planning Fee - SocialXChange, Inc. / Alexis Brown $ 10,000.00 Subtotal $ 10,000.00 TOTAL $ 50,000.00 #UNKNOWN! Exhibit "D" Insurance Requirements INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami & SEPWCRA listed as an additional insured The City of Miami Building Department 444 SW 2nd Ave Miami, FL 33130-0000 Southeast Overtown Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136-0000 III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/E&O IF APPLICABLE A. Limits of Liability Each Claim $300,000 Policy Aggregate $300,000 Retroactive Date Included The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.