Arts Ballet Theatre of Fla.
I,
.' City of Miami Beach Cultural Arts Council
2000/200 1 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 11 day of Decembef2OO0 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and
l),rTc::! p..:::iI"~+- 'T'ho~t-Q"r nf Flnrin;:l r\~ 'fi!=:.("'~l (Grantee).
agent for Artemis Performance Network
Artide I I Grant description
I.
Grantee:
Address
Arts Ballet Theater of Florida as
742 S.w. 16 Avenue
fiscal agent for
Artemis Performance
Network
2,
City, state, zip Miami, FL 331 35
Phone, fax, email 305.643.6611, 305.643. 7090fax, artemisperf@hotmail.com
Grant amount: $ 6, 000 ~ ~ 50% paid upon execution of this Agreement,
Remaining 50% paid upon completion of Project, submission and approval offinal report.
Project description: See Exhibit 1, attached hereto
IteJRized budget: See Exhibit II, A and B attached hereto
Expenditure deadline: SeoteJRber 30. 200 1
Report deadline: No later than 90 days after Project completion.
3.
4.
5.
6.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 11 day of Decembenooo.
CITY OF 1l:CH
elsen Kasdin, Mayor
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Robert Parcher, City Clerk
GRANTEWArts Ballet Theater of Florida
Print Name of Org1lllization
Federal ID# 65-0804935
BY:~~ '7~-
Printed Name hairman or t
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'l?rr zA JR,VI
Signa
hTI1AtJ
(Grantee's Corporate seal)
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
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BY:
Printed Name of Executive Director
1Ai/J1M:/!r
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\lL ADIH/R... /5SAEV
Signature
.
Article II I General conditions
I. Parties: The parties to this Agreement are the Grantee listed in Article L and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City bas delegated the responsihility
of administering this Grant to the Executive Director ofthe City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described in the
Project Description attached hereto as Exhibit No, I, All expenditures will be subject to the terms of this Agreement,
and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (10%) per category, so long
as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line IteJR Budget are
absolutely necessary the Grantee must fonnaIly request authorization via a letter to the Director of the Council detailing
and justifYing the changes. All Grant recipients must participate in Miami Beach Second Thursdays (see Article
Ill- I 9).
The following City of Miami Beach" Anchors" are required to provide specific information in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a smaIl to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, worldng on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s).
Miami Beach "Anchors" for 200012001 are defined as follows:
ArtCenterlSouth Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualifY it
from future consideration from the City's Cultural Arts Grant Program.
3. ReDOrts: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community, To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of
their Grant award. with final reports due at the completion of the City's fiscal year on September 30, 2001.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2. By making
this Grant, the City assumes no obligation to provide fmancial support of any type whatever in excess of the total Grant
amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee
subsequent to the Mayor and City Commission's approval ofthe award.
5. Prooram Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of
operations and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
6, Bank Accounts and Bondinl!: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing
to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds,
7, Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all
receipts and expenditures of Grant funds, in conformance with reasonable accounting standards, These books and
records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as
vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and
in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5,
These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, all the fmancial records of the Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach CultUlYll Arts Councillago and
the following credit line in all publieations related to this Grant: THE CITY OF MIAMI BEACH, Failure to do so may
preclude future grant funding from the City in the Sl!Ille manner as if Grantee defaulted under this Agreement, pursuant
to Article IT - 12, below.
9. Liability and Indemnifieation: The Grantee shall indeJnnifY and hold bannless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the Ci1y or its officers, employees, agents and instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of; relating to, or resulting from the performance
if this Agreement by the Grantee or its employees, agents, servants, partners, principa1s or subcontractors. Grantee shall
pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind
or nature in the name of the City, where applicahle, including appellate proceedings, and shall pay all costs, judgments,
and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, or otherwise provided, shall in no way limit the responsibility to indemnifY, keep and save
harmless and defmed the City or its officers, employees, agents and instrumentalities as herein provided.
If the Grantee is a government entity, this indemnifieation shall only be to the extent and within the limitations of
Section 768,28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held
liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of
$100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid
by the government entity arising out of the same incideJ1t or occurrence, exceed the sum of $200,000 from any and all
personal injury or property damage claims, liabilities, losses or eauses of action which may arise as a result of the
negligence of the Grantee entity,
10. Assil!l1ment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void,
and shall be treated as an event of default pursuant to Article IT-12, below.
11. Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State,
County and City laws, including but not limited to Miami-Dade County's Ordinance No. 72-82 (Miami-Dade County's
Conflict of Interest and Code of Ethics Ordinance) as amended, which is incorporated herein by reference as if fully
set forth herein, and Chapter 2, Article vn of the Miami Beach City Code, as amended, which is incorporated herein
by reference as if fully set forth herein.
12, DefaultIT ermination Provisions: In the event the Grantee shall fail to materia1ly conform with any ofthe
provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the
Grant upon giving five (5) ealendar days written notice to the Grantee, and the City shall have no further obligation
to the Grantee under this Agreement. Further, in the event of a breach of any term or condition of this Agreement, upon
five (5) ealendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
of the date that the written deJnal1d is received, In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the Ci1y for
another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
The Grantee will he liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the Grant period. The Grantee will also be liable to reimhurse the City for all lost or stolen Grant funds.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the
date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the
Expenditure DeadIine; if such funds have been committed but not expended, the Grantee must request in writing from
the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (l) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be available
to it under the law.
13. Indullre11Ce Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion
of this Agreement either at the time oftbe breach of failure occurs or at any time throughout the term of this Agreement
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person
or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-I of this Agreement,
and to the DireQtor of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach
Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. CaDtions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only
and should not be deemed or construed as in any way limiting or extending the language or provisions to which such
eaptions may refer.
16, Contract Reoresents Total Aereement: This contract, including its special conditions and exhibits, represmts
the whole and total agreement of the parties. No representations, except those contained within this agreement and its
attachments, are to be considered in construing its terms, No modifieations or amendments may be made to this
Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City
Commission.
Article HI I MiseeUaneous provisions
17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee
is performing a public purpose through the programs, projects. and services recommended for support. As such, use
of these funds for any program component not meeting this condition will be considered a breach of the terms of this
Ag} eellleJlt and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees tbat it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C, 2000d
et seq ,) prohibiting discrimination on the basis of race, color, national origin, handieap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended
from time to time, prohibiting discrimination in eJnployment, housing and public accommodations on account of race,
color, national origin, religion, sex. sexual orientation, handieap, marital status, or age.
The City endorses tbe clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers
which prevents qualified individuals with disabilities from enjoying the same eJnployment opportunities that are
available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity
and services without discrimination on the basis of any disability.
19, All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural
open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the
City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of
participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be oonsidered a material breach
of this Agreement, as provided in Article IT - 12 herein.
Exhibit 1/ Revised Project description
Organization: Arts Ballet Theater of Project Title: 2000-2001 Season
Florida as fiscal agent
for Artemis
Performance Network
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revision to the
Project based upon the award. Please be as specific as possible, name of event, venue, times, etc. Also, detail the
organization's participation in Miami Beach Second Thursdays. Miami Beach anchors should list specifics about
their mentoring program.
The original proposal to the City of Miami Beach Cultural Arts Council included the nu ARTE
Miami performing arts Series at MIAMI BEACH and the International Cultural X.CHANGE Project.
The 2000-2001 proposed season included the nu ARTE Miami performing arts Series featuring
the Isadora Duncan Dance Ensemble in and A Tribute to Cuban Music in September 2001. The
International Cultural X-CHANGE Project featured The Topf Project.
The 2000-2001 nu ARTE Miami performing arts Series at MIAMI BEACH was changed to the
following:
TRIAGE on March 23-24, 2001
In collaboration with the Dance Now! Ensemble
Colony Theater, Miami Beach
Life on April 21-22, 2001
In collaboration with Iroko Dance & Performance Center
Colony Theater, Miami Beach
In collaboration with Miami Beach 2nd Thursdays, Artemis Performance Network will present the
Isadora Duncan Dance Ensemble on Thursday, June 14, 2001 at the Miami Beach Botanical
Gardens. This presentation will not be part of the nu ARTE Miami Series.
The International Cultural X.CHANGE Project, The Topf Project, will not be presented. The project
was not funded by Miami.Dade County's International Cultural Exchange Program. The project
also did not receive additional support expected from the Rockefeller Foundation. In addition, the
artists decided to end the project because it was working out artistically. The project ended in
November 2000 when the Miami artist and the New York artists went to Mexico for Phase III of
the project.
Artemis Performance Network has been developing a new International Cultural X.CHANGE
Project that will help fund individual artists in performing at international venues and festivals.
The project is in its develppmental stages. Funding will be sought for the 2001.2002 season. If
funding is received, the project will begin in January 2002.
Exhibit 2: Revised Project Budgetl A. Total Project Budget
Name of organization: Arts Ballet Theater of Florida as fiscal
allent for Artemis Performance Network
Project Title: 2000-2001 Season
Date(s) of Project:
October I, 2000 - September 3D, 2001
Attach a copy of the total Project budget or list cash expenses and cash revenues specifically
identified with your program, Project or events. Round off all numbers to the nearest dollar.
EXPENSES REVENUES
cash in-kind cash in-kind
Personnel - artistic $ 500 $ 10,700 Admissions $ 5,500
Personnel - technical $ 3,000 Contracted services $ 3,000
Personnel - administrative $ 7,500 Corporate support $
Outside artistic feesl services $ Foundation support $ 1,000
Outside other fees! services $ 1,000 Individual support $ 1,000
Marketing! Publicity $ 2,500 State grant $
Space rental $ 4,000 Federal grant $
Travel $ Miami-Dade County $ 7,000
Utilities $ 1,000
Equipment rental $ 1,000
Office supplies $ 2,000
Insurance! Security $ 1,500
Other Costs:
Production Costs
Operational Expenses
$
$
1,500
1,000
Other contributions:
Artist Partners
(Itemir.e below)
$ 13,700
Grant award
$
6,000
Total cash expenses $ 23,500 Total cash revenues $ 23,500
I'
Total in-kind expenses $i 13,700 Total in-kind revenues $ 13,700
Total project expenses $ 37,200 Total project revenues $ 37,200
(cash + in-kind) (cash + in-kind)
Exhibit 2: Revised Project Budgetl B. Grant Award Budget
Name of organization: Arts Ballet Theater of Florida as fiscal
aRent for Artemis Performance Network
Project Title: 2000-2001 Season
Date(s) ofProject:
October 1, 2000 - September 30, 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant exDenses
Personnel - artistic
Personnel - administrative
Travel (local only)
Outside artistic fees
Other costs
$ 500
$ 3,500
Personnel - technical
Space rental
Marketing! Publicity
Outside other fees
$ 1,000
$ 1,000
TOTAL
$ 6,000
Grant requirements:
Grant monies must be spent within budget categories agreed upon in original contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the COlDlcil's logo
and the following byline "with the support of the Mayor and City Commission of the City afMiami Beach and the
Miami Beach Cultural Arts Council"
Grant fund. may not be used for:
Rennmeration of City employees for any services rendered as part of a project receiving a grant from the City of
Miami Beach Cultural Arts Council
'Bricks and mortar' or permanent equipment (permanent equipment necessary for proposed project may be pun:hased
if the price is less than what it would cost to rent the equipment)
Debt reduction "I
O\1t-of-<:ounty travel or transportation
Flmdraising events
Hospitality events
Events not open to the public