Miami Lyric Opera MIAMIBE-ACH
City of Miami Beach Cultural Affairs Program and Cultural Arts. Council
Fiscal Year 2011112 Cultural Affairs Grant Agreement,
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami Beach,
Florida (the City), and (Grantee).
Article t / Grant Description
1. Grantee: Miami Lyric Opera
Grant Contact. Raffaele Cardone
Address: 3602 Alcantara Avenue
City, State, Zip: Doral, FL 38178-,'.
Phone, fax, a -mail : 305- 297 -3619, , miamilyricopera(a-bellsouth.not
2. Grant amount: $13,739.28 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: November 15, 2011
6. Expenditure deadline: < September 30, 2012
Project completion date: l ? —20 r � 0 � L
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Z. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. a .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Z 3 day of N.d1/ , 2011.
M Herrera ow r; Mayor Signature
Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk The foregoing instr nt vias ' knowledged before me.
(Grantee's corporate Seal Here) this d y of 2011, by
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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 hisauthorized designee; who shall be the City's
Cultural Affairs Program Manager.
2. Project D- escription 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 $1) 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 -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 the 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, 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 30,2012, must submit their final reports.no later than November 15, 2012. 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). 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 wilt 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 rprograms 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 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 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 audited, all the' financial records of the Grantee,
whether or not purported to. be related to this Grant:
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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 11
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: Defa u 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 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.
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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 anytime 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 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
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 Mia "mi Beach Human Rights Ordinance as
codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to times 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 19.90 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that, are available to persons without disabilities.
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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-
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Exhibit 1 /Revised Project Description
Organization: Miami Lyric 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::
Proiect description as approved by Grants Panel
Date Day Time Theater Production Title
11/10/2011 Thursday 8:00 PM. Colony Tosca*
11/1 2/M 11 Saturday 8 :00 PM Colony .Tosca T
02/0912011 Thursday 8 :00 PM Colony Lucia di Lammermoor
02/11/2011 Saturday 8 PM Colony Lucia di Lammermoor
04/19/2012 Thursday 8: 00 PM Colony Un ballo in maschera (A Masked Ball)*
04/21/2012 Saturday 8 00 PM. Colony. Un ballo, in maschera (A Masked Ball)
06/21/2012 Thursday 8 00 PM Colony The Barber of :Seville
06/23/2012 Saturday 8: 00 PM Colony The Barber of Seville
08/16/2012 Thursday 8: 00 PM Colony La Favorita* .
08/18/2012 Saturday 8: 00 PM Colony La Favorita
*During the 2011 -2012 season, MLO will add three new, full- length opera productions to its repertoire with
premiere performances at The Colony Theater.
Proiect 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.
Date' Day Time Theater Production Title
11/05/2011 Saturday, 7 PM Band Shell Marina
02/25/2012 Saturday 8:00 PM Colony Tosca*
02/26/2012 Sunday 4 :00 PM Colony Tosca
07/07/2012 Saturday .8 PM Colony Madam Butterfly
07/08/2012 Sunday 4 PM Colony Madam Butterfly
08/11/2012 Saturday 8:00 PM Colony. Lucia di Lammermoor
08/12/2012, Sunday 4:00 PM Colony Lucia di Lammermoor
*During 2011 -2012 season, MLO will add one new; full - length opera production to its repertoire
with premiere performances at The Colony Theater.
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Exhibit 2 -A: Project Budget'! Revised Total Project Budget
Name of organization: Miami Lyric Opera
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 15,000 15,000 Admissions 115,000
Personnel' Contracted services
Personnel - administration 10,000 Tuitions
Outside artistic fees /services 98,000 Corporate support 7,500 13,135
Outside other fees /services 27,500 Foundation support 36,000
Marketing /Publicity 5,000 13,135 Individual support 11,210.72 15,000
Space rental 18,000 Government grants 22,000
Utilities Federal
Equipment rental State
Office supplies 2,200
Other Costs: (Itemize below) Other Contributions (Itemize below)
Scenery /Costumes 25,000
Music Rental 2,200
Fees /Memberships 1,050
Fundraising/Misc. g 1:;500
City of Miami Beach Grant.Award 13,739.28
Total cash expenses 205,450 Total cash revenues 205,450
Total in- kind expenses 28,135 Total in -kind revenues, 28,135
Total project expenses 233,585 Total project revenues 233,585
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget? Revised Grant Award Budget
Name.of organization: Miami Lyric Opera
Date(s)-of Project:
Grant Award: $13,739.28
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 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
Personnel - technical Space rental (Performance
Related Only) 3,739.28
Outside' artistic fees 10,000
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL equal grant award): - 13,739.28
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
Grant Use Restrictions (grant funds may not be used towards):
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• 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 i
• 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 2011 -12 fiscal
Year
• Proof of logo and credit line in project publications and advertisements
Proof of performance(s), such as programs, brochures and flyers.
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