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Cultural Affairs Grant Agreement / Miami Beach Garden Conservatory ® ® °7°1(f- a4?7&C� i 1915•2015 V City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2014/15 Cultural Affairs Grant Agreement i This Grant Agreement is entered into this 30th day of September, 20'94, between the City of Miami Beach, Florida (the City), and (Grantee). Article I /Grant Description 1. Grantee: Miami Beach Garden Conservancy Grant'Contact: Cindy Brown Address: 2000 Convention Center Drive City, State, Zip: Miami Beach, FL 33139 Phone, fax, e-mail : (305) 673-7256 ext. 206, (305) 535-8083 cbrowna-mbgarden.org 2. Grant amount: $21,280 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. Itemiz led budget: See Exhibits 2-A Project Budget and 2-B Grant Award Budget,attached hereto 5. Contract execution deadline: November 15, 2014 6. Expenditure deadline:' September 30, 2015 7. Project completion date: _September 30, 2015 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project I� �� completion date. _ n` IN WITNESS WHEREA, q' parties hereto have executed this Agreement this y day of 2014. Philip Levifie, Signature Attest' ®`y •'"""''•••� TE OF I L, CO NTY OF MIAMI-DADE R la Gran o, City C erk ( antee's Corporate Seal Here) � •The oregoing instrument was acknowledged before me r �ths (�c'`'f v-'R" 2014 by `r\ORr '� ATED. day of , 4 11111V'v - �(1 = •^' C-,jser4 ,a not-for-profit ,�; �• f F r- ­corporation. He/She' �e�rsona�llyknowno a or has prod a as ide 'i ' ation. GRANTEE: j Federal ID#: r ®a!� 03 6 Q Signature of Notary Public BY: l:".so I ,�✓0 w e� Printed Name of rjanization's Authorized Representative //�� � � I c (City Attorney Approval Here) Notary Name: F �`L Notary Public, State of Florida i APPROVED AS TO eDA �#FF 03527 FORM & LANGUAGE My Commission Ex 0 & FOR EXECUTION Bin nfflTmyFainfnnrerwW,%r1.7019 A-, City Attorney i i Article II / General Conditions I 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.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 Gran,t 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 30,2015, must submit their final reports no later than November 15,2015. New Grant awards will not be releas i d until all Final Reports for previous years' funding are received. 4. Amoufnt 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 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 thi 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 1-6. 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: Throughout Fiscal Year 2014/15, the Grantee must include the City of (Miami Beach Centennial logo and the following credit line in all publications(where appropriate)related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may preclude 2of9 i future grant funding from the City in the same manner as if Grantee defaulted 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 arid 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. I If the G jantee 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$200,000, 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$30000 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, aid shall be treated as an event of default pursuant to Article II-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. i 12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement(Default),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 a Default, lat the Cultural Affairs Program Manager's sole discretion, the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been received by the Grantee, as of the date that the written demand is received (Demand for Recapture). I In the event of a Default, the following provisions will also apply: a. Fori first-time violations—Grantee shall be required to submit a final report with documentation of expenditure of all Grant funds already received up to the date of termination and/or the Demand for Recapture. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Gralntee will be allowed to apply for grants in future fiscal years. b. F&more than first-time violations - Any compliance infractions beyond first-time violations will be considered bylthe 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 iwhether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. i Any u j committed 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 1-6 must be returned to the City within fifteen(15)days 3of9 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. i 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 iti 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 oft 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 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. Contrract Represents Total Ac reement: This contract, including p its special conditions and exhibits, represents the whole and total agreement of the parties. No representations,except those contained within this agreement avid 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. i i Article III / Miscellaneous Provisions i 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: i 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. i The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits j 4of9 I i I i 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 govE.�rned 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 EXPRES%SLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. I I i i I I I I I I I -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- i I I I I i I i I i I I I I I i 5of9 i i 1 Exhibit 1 / Revised Project Description Organization: Miami Beach Garden Conservancy i 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: i Separate sheet attached I i I i i I 1 f i i I 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. 1 1 Separate Sheet attached i i I 1 I i C I I I 6of9 i i 2014-15 Budget In-Kind Ordinary Income/Expense Income Private Support 1 $12,000 Memberships $22,0001 1 Garden Events Garden Dinner Series $12,000 Botanical Bazaar $1,200 Garden Events Garden Tour Tickets $10,000 Ads $1,000 Gems&Junque day of sales $3,500 Halloween $18,000 Taste of the Garden Auction Revenue $15,000 Revenue-Taste Garden $25,000 Garden Club Income Share -$13,750 Taste of the Garden-Other $3,500 Total Taste of the Garden $29,750 Garden Events-Other Total Garden Events $75,450 Donations $50,000 Total Private Support $147,450 Government Support City of Miami Beach Management Fee $152,000 MD-Cultural Advancement $52,000 MB-Cultural Arts Council $21,280 Total Government Support $225,280 Corporate Support $15,000 $60,000 Garden Club $15,000 Foundation Support Earned Income Soda Machine $4,000 Workshop Fees $1,200 Author Series $6,000 Plant Sales $4,000 Gift Shop $3,000 Total Earned Income $18,2001 Total Rental Income Venue Rental Income $125,000 Staffing Fee $2,500 Security Deposit Retained Rental Cancellation Fee Rental Application Fee $4,500 Photo Shoots $2,500 Balance Adjustment Total Total Rental Income $134,500 Interest Income $500 Grant Income Capital Improvements Chamber Pillar Trustees Total Grant Income Other $5,000 Total income $555,930 $77,000 1 lExpense Horticulture Expense Graden Signage $8,000 Educational/Cultural Programs Payroll Expense-Other $4,8501 Total Payroll Expense $309,735 Pest Control $1,500 Postage and Delivery $900 Repairs and Maintenance $5,000 Security System Expense $550 Taxes and Licenses $900 Training/professional development $3,000 Total Operating Costs-Garden Facility $440,285 Rental Expense Cleaning Fee $10,000 Security Rental Expense $3,5001 Contract Labor $15,000 Rental Expense-Other Total Rental Expense 1 $28,500 *Reconciliation Discrepancies v Total Expense $555,9301 $77,000 Net Ordinary Income TTTM i Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Miami Beach Garden Conservancy Dates) of Project: Grant AwardIL $21,280 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°/6) per category, so long as said expenditures do not exceed the total amount of Grant funds. (Cultural Anchors excluded from these restrictions.) Grant Expenses Personnel —artistic Equipment Rental 5,280 Personnel —technical Space rental (Performance Related Only) Outside artistic fees 8,000 Marketing/Publicity 8.000 Total Other Costs (itemize Below) Printing Description Amount Postage i TOTAL (must equal grant award): 21,280 Grant requirements I Grant funds must be spent within budget categories agreed upon in grant agreement. (Cultural Anchors excluded from this restriction). All publications associated with City of Miami Beach cultural grant support in FY 2014/15 must include the City of Miami Beach Centennial logo and the following byline where appropriate: "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 • Equip'ment 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 i 8 of,9 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 (Cultural Anchors excluded from this restriction) • "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) • Trave(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 • Lobbyi;ng 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 2014-15 Fiscal Year • Prooflof logo and credit line in project publications and advertisements • Proof�of performance(s), such as programs, brochures and flyers. i I i i i i i 9of9 I i Program/Performance/Event Title Date(s) Participating Artist(s) Venue(s) -Family Days (Halloween, ..Bazaar, Spring Festival, October, November, March, Various Garden -Earthday, Pet;picnic April, July MonthlyBegining April 2014 ,Film Events (Garden programing) Plus Various Garden festival partnerships Spoken Word Tigertail .February/March 2015 various Garden .Art Basel December 2014 Various Garden Educational Lectures Monthly Saturdays & Thursdays Various :Garden i Visual Art Instalations - Various indoor & outdoor Year-round multiple !Garden exhibits October - December, Jan - 'Youth Art Classes ; March, June - August Winsome Bolt ;Garden i ArtCenter South Florida Tuesday Mornings - Fall, Classes i Spring & Summer classes °ACSF Artists Garden .Sound Instalations March 2015 Gustavo Matamoros "Garden ;Outdoor Theatre ::July, August 2015 Ground up& Rising :Garden i 'Sustainotopia April 2015 Various "Garden _Murder Mysterm Interactive :4 during theyear - To be Barbara .Performance scheduled FoxnFacilitates 'Garden i i Garden Programming October 2014 ® September 20145 s ® e e Ongoing Garden Sponsored Activities - Toast Masters Thursdays 6—7:30 Members Yoga Wednesdays 12:30—1:30 Garden Club Meetings Monthly,Third Thursday 10am—fpm Green Book Club Monthly, Second Wednesday 10am—12pm Farmers Market Weekly on Wednesdays(January—April) Yoga &Tail Chi Weekly on Mondays 6:30 pm (September- May) Free Meditation Sessions Weekly Tuesday 10am (Started August 12) Surfrider Community Gathering Monthly Date varies Educati®nal Activities Educational Seminar—Edible Foraging Saturday, October 4, 2014—10am Herbal Cocktails Workshop Thursday, October 9, 2014—6pm H3 BeautyInside&Out Skin Cancer lecture Wednesday, October 8, 2014—6:30pm Mac Stonei presentation: Photos from the Everglades Tuesday,October 21, 2014—6:30 SEED Festival Sunday, October 19, 2014—3pm Educational Seminar—Light the Night garden lighting Saturday, November 1, 2014 10am Aromatherapy Workshop Thursday, November 6, 2014—6pm Kreating Kombucha Workshop Thursday, November 13, 2014—6pm Essential Oil Workshop Thursday,January 8, 2015—6pm Educational Seminar—Totally Tomatoes Saturday,January 10, 2015—10am Educational Seminar—Coffee Craze Saturday, February 7, 2015—10am Educational Seminar-Cuttings and Propagation Saturday, March 7, 2015—10am Educational Seminar—Go Green Saturday, April 4, 2015—10am TBD Workshop Thursday,April 9, 2015—6pm Go Green Workshops Sunday,April 19, 2015 Educational Seminar—Butterfly Gardening Saturday, May 2, 2015—10am Special Garden Sponsored Events Halloween IFamily Day Saturday, October 25, 10am—3pm Ghosts in the Garden Fundraiser Friday, October 31, 2014—8pm Picnic on the Patio—Dinner Series Wednesday, November 5th 6:30pm Botanical Bazar(Live music&Children's Activities) Sunday, November 22, 201411am—4pm Garden Member Holiday Party Tuesday, December 16, 2014 Annual Taste of the Garden Thursday,January 29th 6:30—9:30pm Picnic on the Patio—Dinner Series Tuesday, February 25 Miami Beach Garden Tour Saturday March 14th gam—5pm Picnic on the Patio—Dinner Series Tuesday, March 25 Japanese Spring Festival Sunday, March 22, 2015 11am—4pm Sustainotopia Conference & Events Wednesday April 16—Tuesday April 22 Mother Earth Day—GLOW Yoga Saturday,April 18 10a—11pm Picnic on the Patio—Dinner Series Tuesday,April 29 Picnic with the Pets Sunday,July 5th 11am—4 pm Cultural Presentations (Presented by MBBG in partnership--Supported by Grant funding MBCAC& MDCAC) Before God we are Family—Film Screening Thursday, October 2, 2014—6pm Cinema Green in the Garden—HOME Wednesday, October 15, 2014—7:30pm South Beach Chamber Ensemble-Piano concert Sunday, October 26, 2015—6pm Florida Grand Opera performance Sunday, November 2, 2014—2pm Convivencia Miami Project Tuesday,January 20, 2015—3pm Dance Now Event Sunday, February 1, 2015 Tigertail Spoken Word Thursday, February 5, 2015—6pm Tigertail Poetry Slam Thursday, February 26, 2015—6pm South Beach Chamber Ensemble Sunday, March 1, 2015—6pm Artscape Thursday, March 5, 2015 El Cid Film Screening Wednesday, March 11, 2015—7pm Art Exhibit from Fujisawa,Japan Sunday, March 22-27, 2015 Sustainotopia—Earth Day events April 15—23 Miami Gay& Lesbian Film Festival April 2015 South Beach Chamber Ensemble Sunday, May 17, 2015—6pm Miami Performance Festival Sunday,June 28, 2015 Ground Up and Rising Theatre July 2015—4 performances Ground Up and Rising Theatre September 2015—4 performances OTHER Election Day Tuesday, November 4th South Florida Auto Show November 7-16, 2014 Art Basel November 26—December 9 Miami International Boat Show February 12—16, 2015 Diversity Day Thursday,April 2, 2015 AIDS Walk Miami Sunday,April 26, 2015 More events will be added to this list as they are confirmed