Young Patronesses of the Opera -
�I�-`7S
MIAMIBEACH 1
City of Miami Beach'Cultural Affairs Program and Cultural Arts Council.
Miami Beach Arts Gala Grant Agreement
This Grant Agreement is entered into this 19 day of J anuary, 2011 between the City of Miami Beach, Florida
(the City), and (Grantee).
Article I / Grant Description
1. Grantee: Young Patronesses of the Opera
Grant"Contact: Lee Ann Schaffhausen
Address: 8390 NW 25th Street
City, State, Zip: Miami FL 33122
Phone, fax, e-mail : 786.351.4858, Lee.Ann3PaKaDamai1.com
2. Grant amount: $3,870 50% paid upon execution of this Agreement. Remaining 50%
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: February 15, 2011
6. Expenditure deadline: November 6, 2011
7.' Project completion date f d'd"
8. " Final Report deadline Must be postmarked or delivered no later than 45 days after Project
completion date.
INVITNESS WHEREOF the pa ies hereto have executed this Agreement this a day of 2011.
a i , errera Bowe Ma Y g • or Signature
Attest: STATE OF FLORID VCOUNTY OF 1- DADE
Robert Parcher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's -cor orate Seal Here this 2 L day of ' 7JNV� 2011, by
Of
two S
�y.
anot- for -profit
�= corporation. He /She is personally known to me or has
produced Ph- 0- S 1 ZS SvZ 1 — 'Y 3_
Z t7 as
identification.
! :► 4
GRANTEE
Federal ID #:
Signature of Notary Public
S� ' � � �' �� 906 •
BY. ANDRE EL KHOURI GH
Printed Name of Organization Authorized Representative Notary Name: Notary Public, State of Florida F.
(City Attorney Approval Here) MY om
Notary Public, State of FF4orilg9
APPROVED AS TO
FORM & LANGUAGE
tSc FO EXECUTION My Commission Expires:
A As
Article II / General Conditions
1. Parties The parties to this Agreement are the Grantee listed in Article I, and the City of Miami
Beach, a municipal corporation organized under the laws of the State of Florida (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. 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 -B. 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 need for such changes.
3. Reports 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, 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. Sleepless Night projects must also submit Final Report by November 15,
2011.
4. Amount of Grant and Payment Schedul The total amount of the Grant is specified- in Article 1 -2
(subject to the restrictions therein). 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 Evaluatio 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.
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 (before September 30) except for Sleepless Night projects which will be
completed November 6, 2011.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 I -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 audited, all the financial records of the
Grantee, whether or not purported to be related to this Grant.
8. Publicity and Credits The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 1.1 -12.
9. Liability and Indemnificatio 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 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 II -12.
.11. Compliance with Law s: 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 VII of the Miami Beach City Code, as amended, which is incorporated herein
by reference as if fully set forth herein.
12. Defau It/Term i nation Provisions In the event the Grantee shall-fail to comply with any of the
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 violatio - 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.
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
be 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 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 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 1 -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 Agreemen Captions, as in this - Agreement, are for convenience of
reference only and should not be deemed or construed as in any 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
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 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 that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access
and equal opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the .State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue
for any litigation arising out of this Agreement shall be Miami Dade County, Florida, if in State court,
and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
Exhibit 1 / Revised Project Description
Organization: Young Patronesses of the Opera
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.
Project description as approved by'Grants Panel
Since 1975 YPO has been staging a professional children's opera to benefit students: the In
School Opera .tour runs from January to June visiting approximately 40 -50 schools per year. Each
performance costs over $2,000 per school to produce. There -is no cost to the schools. Scenery, props,
technical support, costumes, pianist, and a cast of professional opera singers are transported to the
.schools for each performance. These performances impact over 30,000 elementary school children
in Miami -Dade County each year. YPO's goal is to expose as many children as possible to opera.
The children have had the .opportunity to view operas such as Hansel and Gretel, Jack and the Bean
Stalk, Cinderella, and Papageno. Consistently,.the In- School Operas -have been praised by students and
teachers and every year we have a long list of schools interested in hosting the production.
During the academic year 2010 -11, YPO will present Little Red Riding Hood at 30 -40 schools,
including schools in Miami Beach (Fienberg Fisher and Biscayne Elementary Schools in April
2010). Attached is the letter of support from the Miami Dade County Public. - School System. The
performances are offered free of charge and take place in the school's cafetorium in the morning.
The operas are attended by the students in the school (grades Kindergarten to 6 1 h grade representing
the County's gender and ethnic diversity). Little Red Riding Hood, is a one -act opera that runs for
40 minutes and is performed by a cast of three members (Graham Fandrei, Lead Performer; Carla
Margo, Soprano; and Margo Peace, Mezzo Soprano) supported by four crew members. The students
.. and teachers receive on line learning guides with the story, information about the composer as well as
games and learning tools for teachers to download and hand out to students.
The In- School. Operas carry universal messages of hope, perseverance, acceptance, and tolerance.
These performances are probably the only, and certainly'the earliest, exposure to opera and classical
music for most of the children. During these times that enrichment activities have been eliminated
from schools, these operas bring the arts, and enjoyement of the arts, to the students. Children learn
about the complexities of composition and score; design of costumes and sets; production and staging;
dramatic, comedic, and public speaking talents of the performers; variety of musical styles; and global
locations and historic references in the story. They also experience, in a familiar setting, music and
singing being performed by professionals. The In- School Operas are paid for through grants and
private donations and are necessary to foster the love of the opera, and music in general, in a new
generation. With funding from the City of Miami Beach, YPO will reach an additional 1,500 youth in
Miami Beach.
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.
N/A
Exhibit 2 -A: Project Budget / Revised Total Project'Budget
Name of organization: Young Patronesses of the Opera
Date(s) of Project: Project start date 1/2011 - Project end date 6/2011
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
Personnel - technical _ Contracted services
Personnel - administration Tuitions _
Outside artistic fees /services 2.000 _ Corporate support
Outside other fees /services 800 Foundation support _
Marketing /Publicity 20 Individual support 500
Space rental _ Government grants
Utilities Federal
Equipment rental 400 State _
Office supplies 200
.Other Costs: (Itemize below) Other Contributions (itemize below)
Printing (Funtimes) 200 _ ' Memberships 490
Postage 200 _ —
Equipment purchase 200
Stoarge for sets 20
Rental van 200
Dry cleaner (costumes) 200
Tolls /gas for van 40
Royalty fees 80
City of Miami Beach Grant Award $3,870
Total cash expenses $4,660 Total cash revenues 900
Total in -kind expenses 0 Total in -kind revenues 0
Total project expenses $4,660 Total project revenues $4,660
CASH & IN -KIND CASH & IN -KIND
Exhibit 2 -B: Project Budget /Revised Grant Award Budget
Name of organization: Young Patronesses of the Opera
Date(s)'of Project 1/2011 to 6/2011
Grant'Award: $3;870
Directions: Identify and i #emize cash. be paid from Grant award funds. Grant °awards may
only be spent within budget categories declared below.. Line item changes to said Bud ge# 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' Space rental (Performance
Related 'Only) :
Ou'tside "artistic ees 2000
Marketing /Publicity 120 Total Other Costs (itemize
Below
Printing 200
Description Amount.
.Postage 100 Outside technical 'fees 800
Storage for sets 20
Su12 eslprops 250
Refurbishing of sets 1`00
Dry 'Cleaners for costumes 200
Royalty fees 80
TOTAL (must.equal grant award): 3870
Grant roqu'irements
Grant funds.; must be spent within budget categories agreed upon in grant agreement:
All; publications associated with City of.Miami Beach cultural grant suppor 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 Proie:cf'
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 'maridated by the
American with Disabilities Act (ADA) and Section 504 of" the Rehabilitation Act of 1,97;3'
.. s
8of9
I
j
i
f
I
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 except for Sleepless Night projects, for which invoices and checks must be dated
prior to November 11, 2011.
• Proof of logo and credit line in project publications and advertisements
Proof of performance(s), such as- programs, brochures and flyers.
t