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Miami Dade Community College • _ ao10 -a7�/7 _ , MIAMI BEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2010/11 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 20th day of September 2010 between the City of Miami Beach, Florida (the City), and (Grantee). Article I / Grant Description i 1. Grantee: Miami Dade Community College Grant Contact: Elizabeth Doud Address: 25 NE 2nd Street #5512 City, State, Zip: Miami Beach FL 33132 Phone, fax, e -mail : 305- 237- 3303, 305 -237 -7559, edoud @mdc.edu 2. Grant amount: $11;978.40 50% of base award paid.upon execution of this Agreement. Remaining 50% + $2,000 Byron Bonus paid upon completion of Project _ and submission and approval of Final Report. 3. Project. description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2 -B Grant Budget, attached hereto 5. Contract execution deadline: November 15,•2010 -6. Expenditure_deadline: September 30,'2011 7. Project completion date: June 30, 2011 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF, a parti s hereto have executed this Agreement this day of , 2010. `Matti Hefrera Bower, ayor Signatur Attest: STATE OF FLORIDA, COUN OF MIAMI DADS Robert Parcher, City Clerk The foregoing instrument was acknowledged before me (Grantee's Corporate Seal Here) this J&_ day of 4 x,2010,. by A l t? S. 1 a =dot for,prorltt j }r corporation. He /She is personalty ki awn m e or has ^� roduced �� p.as ' identification. r v" GRANTEE: Federal ID 7#: r: X 59- 121 -0485 Signature 4ot ary Public BY: _Lula Rodriguez . Printed Name of Organization's Authorized Representative Notary Name: uje� (City Attorney Approval Here). Notary Public, State of Florida APPROVED AS TO FORM & LANGUAGE - FOR EXECUTION My Commission Bpi " /,; -- GEORGE F. ANDREWS EXPIRES: July 1, 2013 F of k Bonded Thru Notary Public Underwriters o ` 0 rne Date � Article 1.1 / General Conditions 1. Parties The parties to this Agreement are the Grantee listed in Article 1, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee, who shall be the City's Cultural Affairs Program Manager. 2. Project Description The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2 -B. A mandatory dollar for dollar ($1 to match is applicable to all Grant programs. Grant applicants must demonstrate this match through cash other matching grants and /or In -Kind contributions not in excess of 25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10 %) per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2 -13 shall not be permitted without the prior written _consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's commencement, in writing, detailing and justifying the need for such changes. 3. R eports : This Grant has been awarded with the. understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager- within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year, or September 30, 2011, must submit their final reports no later than November 15, 2011. New Grant awards will not be released until all Final Reports for previous years' funding are received. 4. Amount of Grant and Payment Schedule The total amount of the Grant is specified in Article 1 -2 (subject to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation The Cultural Affairs Program Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's-programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants. 6. Bank Accounts and Bonding Monies received pursuant to this Agreement shall be kept in accounts in established Miami -Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review Funded activities must take place within the City's fiscal year for which they are approved (October 1 - September 30).The Grantee shall 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, including, without limitation, vouchers bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and 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 City, and /or its authorized representatives, at the Grantee's offices. during regular business hours and 'upon reasonable notice. Furthermore, the City may, at its expense, audit .or have all the financial records of the Grantee, whether or not purported to be related to this Grant. 2of10 G . 1 i 8. Publicity and Credits The Grantee must include the City of'Miami Beach logo and the credit line in all publications related to this Grant:.City of Miami Beach, Cultural Affairs Program, Cultural Arts Council Failure to do so may preclude future grant funding from the City in the same manner as if Grant defaulted ee under this Agreement, pursuant to Article II -12. 9. Liability and Indemnification The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors 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 officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of.the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set'forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assignment The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11 -12. 11. Compliance with Laws The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not Limited to Miami -Dade 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 VI I of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set. forth herein. 12. Default/Termination Provisions In the event the Grantee shall fail to comply with any ofthe provisions of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement - and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, 'in the event of termination, the Grantee shall be required to .immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the. written demand is received. In the event that this Grant is terminated, the following provisions will also apply: a. For first -time violations - Grantee shall be required to submit a final report with documentation of expenditure -of all Grant funds already received (first -half) up to the termination date. Additionally, Grantee will be ineligible to apply and /or receive a grant in the subsequent City fiscal year., However, Grantee will be allowed to apply for grants in future fiscal years. b. For more than first -time violations Any compliance infractions beyond first -time violations will be considered by the Cultural Affairs Program Manager, on a case -by- case basis. As part of his consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. 3 of 10 Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1 -5 must be returned to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the Cultural Affairs Program Manager an extension of the Expenditure Deadline which, if approved,.shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the Cultural Affairs Program Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may available to it under the law. 13. Indulgence Will Not be Waiver of Breach The indulgence of either party with regard to any breach or failure 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 the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at'the address specified in Article I -1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in ' this Agreement Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the 'language or " provisions to which such captions may refer. 16. Contract Represents Total Agreement This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III / Miscellaneous Provisions f 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 /or services recommended for support: As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to,, those - outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age, The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities 4 of 10 that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without. discrimination on the basis of any disability. 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of. Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO ATRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- 5 of 10 Exhibit 1 / Revised Project Description Organization: Miami Dade Community College Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City. Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Proiect description as approved by Grants Panel The Cultura del .Lobo Performance Series is an annual project of Miami Dade College, .Cultural Affairs. Cultura del Lobo strives to bring outstanding performing arts events to South .Florida. Annually, Cultural . Affairs has programmed successful events on Miami Beach as part of our series. Because this upcoming season will mark 20 years of Cultura del Lobo, Cultural Affairs is proposing to focus on work exclusively from the Americas. For this season we have included seasoned and emerging artists —all of whom are pushing the boundries of their forms while honoring traditions. The series focuses on long -term engagements with artists that contribute to our community through educational programs or audience development initiatives. Each performance is supported by a deep investment in our community and most of the artists in each year's season share their experiences and talents during extended residencies. The following are the events that were proposed in the original grant application. (Attached is an explanation of changes that have been made to our season events): Bruno Beltrao and Grupo de Rua / H2 • February 5, 2011 – The Colony Theater Bruno Beltrao, the young prizewinning choreographer from Niteroi, Brazil has been taking the dance world by storm from Berlin to Montreal for the last several years. H2, one of Beltrao's latest works for an all -male. cast of hip- hop- and - beyond dancers is a truly breathtaking deconstruction of the contemporary dance idiom that we know as street dance. Recurring strategies in Beltrao's pieces are embracing contradiction, and exposing hip -hop's phraseology to other cultural languages, especially that of the theatre. H2 exchanges dramaturgy for a choreographic approach and speaks beyond irony, moving beyond the predominance of hip -hop lineages and focusing on the exploration his Grupo de Rua's idiosyncratic languages. There is still plenty of dribbling footwork and popping chests in H2, but the ambiguity, richness and density of gesture makes one forget about hip -hop. H2 has been called Beltrao's most complex and compelling work to date. Approximate audience: 400. Average ticket price: $25. Focused outreach for_ this event will be carried out through student/professional artist activities with the company prior to the performance. Cultural Affairs will host a masterclass for students of MDC and New World School of the Arts, and one for local hip hop artists. Women.of Calypso • March 18 & 19 2011 – The Byron Carlyle Theater (two performances) Women of Calypso is a project of the Performing Americas Program (PAP) of the National Performance Network (NPN). As an NPN Partner, Cultural Affairs serves has served for two years as a .presenting curator for PAP. This project was born out of a multi year international exchange through PAP, which frames the various facets of Calypso and its culture, and showcases music and song from the English speaking Caribbean. The work is performed by three prominent women of Calypso: Singing Saundra, Queen Fayola, and Princess Kizzie. Their songs talk about contemporary life in Trinidad, and all three have won .hosts of awards and regularly place in the finals of Calypso competitions during Carnival and year round. Women of Calypso will be an evening of music, theater, social commentary, and autobiographical musings in a concert setting. This project will be a mixture of performances and workshops targeting the large West Indian population of Miami Dade County. Approximate audience: 400 Focused outreach for this event will include student workshop with music and theater students from MDC and New World School of the Arts. The company, comprised of 3 singers, 3 musicians, will host workshops and discuss Carnival traditions of the West Indies, Calypso as a form of social commentary, and women's issues in theater. The work is produced by Cultural Odyssey (CO) of San Francisco and will be researched and directed by CO's co- Artistic Directors Idris Ackamoor and Rhodessa Jones. 6 of 10 Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. The Cultura del Lobo 20 year season will now include these artists as part of its Miami Beach programming for 2011 - 2012. Gema y Pavel 20th Year Anniversary &. Ofrenda a Borinquen Sunday, February 13, 2011 • .7:00 p.m. The Colony Theater 1040 Lincoln Rd., Miami Beach The concert is an international collaboration of Gema y Pavel and muscians from Puerto Rico and other celebrated artists from Cuba based ,in New York. City. This eight person ensemble with play songs from their latest album. Ofrenda- a 'Borinq.uen for. one evening only in Miami Beach. The artists will be in residence a week prior to the performance conducting workshops and educational outreach. These efforts help to grow audiences and bring patrons to our performances. Gema y Pavel are a contemporary Cuban duo.whose music is as influenced by the Beatles as by Nueva Trova, by Chick Corea as by Caetano Veloso -or the Argentine singer Fito Paez. They have just.released a cd of. songs dedicated to Puerto Rican composers and songwriters called Ofrenda Borinquen in celebration of their 20 years as a musical duo. Gema Corredera and Pavel Urkiza got their start singing in the streets of Havana, and have added their sense of street smarts to their appreciation of Cuban trovas and boleros, the Afro -Cuban rhythms of the Yoruba, and modern rock music. The months and years of paying their dues have resulted in the creation of a new style of urban Cuban music, full of rhythm and subtlety, light- hearted in sound and serious in intent. Miguel Gutierrez and the Powerful People (MGPP) The Last Meadow Friday and Saturday, March 25 & 26,_ 2011 • 8 p.m. The Colony Theater 500 71 st. Street, Miami Beach, FL MGPP are a New York City based, dance and theater project that experiments with movement and, narrative and questions myths and aesthetics in our contemporary culture. MGPP will be in Miami for a week prior to their performances and will build the show using local dancers from our student population of young artists. The Last'Meadow received a Bessie Award in 2010, and will be performed on Miami Beach for two nights. About the work: Masculinity, American norms, America itself: all are in play here, grand ideas caroming fast and loose within a _tightly structured work. Gorgeous passages of dance bloom throughout, expressing longing and frustration in ways that words cannot. A new performance from the critically acclaimed and recent Guggenheim Fellowship awardee Miguel Gutierrez and the - Powerful People's. Last Meadow mines movement and text from James Dean's East of Eden, Rebel Without a Cause, and Giant, Last Meadow creates a non- narrative collage of sensorial confusion, aka an America where the jig is up and. the dream has died. Last Meadow is about the space of waiting, when things don't move forward, don't happen as they should, and mixed, messages are the only ones we get. - 7of10 Revisions for Cultura del Lobo Performance Series 2011 -12 Miami Dade College — Cultural Affairs Since the MDC Cultural Affairs grant was submitted, we have had two changes to our project: 1) the dance company we invited, Bruno Beltrao and Grupo da Rua has had major visa and tax issues with their artist management and will not be touring until next fiscal year. We are committed to presenting them, but they will have to come under separate cover and ,can't do so for our proposed dates at the Colony Theater. 2.) Women of Calypso, our project that was slated for the Byron Carlyle Theater, has had some internal medical issues with one of the artists, who needs surgery, and can't come during the days we had reserved the Byron.. The result is that we will be unable to present this program there because we only found this out after the freeze was putting on booking dates at the Byron. We will be presenting this company this season, but have unfortunately had to find an alternate venue off of the Beach. We will, however, be presenting two performances on Miami Beach: Gema y Pavel Music from Cuba, Miami and Puerto Rico & Miguel Gutierrez and the Powerful People — Dance from NYC. Both performances are scheduled to be presented at the Colony-Theater. T he details of these events can, be found in the contract narrative. . Exhibit 2 -A: Project Budget [Revised Total Project Budget Name of organization: Miami Dade Community College Date(s) of Project: 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 Admissions 10,500 _ Personnel technical 16,300 Contracted services Personnel - administration 31,100 Tuitions Outside artistic fees /services 17,000 Corporate_ support r Outside other fees /services Foundation support 8:667 "Marketing/Publicity, 17,000 7,000 Individual support Space rental 6000 7,200 Government grants Utilities Federal (NEA) 26,666 Equipment rental 5,400 1,000 State. (State of Fla.) 1,266 Office' supplies 500 Other Costs: (Itemize below) Other. Contributions (Itemize below) Box office /tickeing 2,700 MDCDCA 28,333 Shipping 550 Endowment Earnings 17,640 Program Printing 600 Documentation 2,500 1000 MDC Space /Mktng. 16,200 City of Miami Beach Grant Award 11,978.40 Byron Bonus. 0 Total cash expenses 105,050 Total cash revenues 10.5,050 Total in -kind expenses 16,200 Total in -kind revenues 16,200 Total project expenses 121,250 Total project revenues 121,250 CASH & IN -KIND CASH & IN -KIND 8 of 10 Exhibit 2 -B: Project Budget / Revised Grant Award Budget Name of organization: Miami Dade Community College Date(s) of Project: Grant Award: $11,978.40 $0 Byron ,Bonus Directions: Identify and itemize cash expenses to be paid from Grant award funds: Grant awards may only be spent within budget categories declared below. Line item changes to said Budget shall not exceed ten percent (10 %) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel - artistic Equipment_ Rental (NOT administrative) Personnel = technical 5,000 Space rental (Performance Related Only) Outside artistic fees 5,000 Marketing /Publicity 1,448.40 Total Other Costs (itemize Below) Printing 500 Description Amount Postage TOTAL (must equal grant award): 119978.40 Grant requirements Grant funds must.be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council." Allowable Grant Expenditures as Relates to Grant Project: • Artistic and technical fees directly related to the proposed program or event • Production costs related to the proposed program, project or event Honoraria • Equipment rental and expendable materials Marketing • Publicity • Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 9 of 10 Grant Use Restrictions (grant funds may not be used towards): • Remuneration of City of,Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs Administrative salaries or fees • "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. • City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.) • Debt reduction • Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) • Travel or transportation •. Insurance Fees (Cultural Anchors excluded from this restriction) Social /Fundraising events, beauty pageants or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials _ • Charitable contributions • Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government and has been previously approved as such be the Cultural Affairs Program Manager Required supporting materials for final reports submitted within 45 days upon completion of grant project: • Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL. RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments). Invoices AND checks must be dated within the 2010 -11 Fiscal . Year • Proof of logo and credit line in project publications and advertisements Proof of performance(s), such as programs, brochures and flyers. 10 of 10