Cultural Affairs Grant Agreement / Cuban Classical Ballet of Miami, Inc. ol6/V-07 7(
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1915•2015
MJAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2014/15 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 30th day of September, 2014, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Cuban Classical Ballet of Miami, Inc.
Grant Contact: Eriberto Jimenez
Address: 111 SW 5th Street
City, State, Zip: Miami, FL 33130
Phone, fax, e-mail : 305.549.7711, eribertojr(cr7yahoo.com
2. ' Grant amount: $16,611.43 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 Award Budget,attached hereto
5. Contract execution deadline: November 15, 2014
6. Expenditure deadline: September 30, 2015
7. Project completion date: 6eI5refdt., P ) ZC)
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of , 2014.
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Attest: Akio • �/ _ ",........ �441 OF FLORIDA, COUNTY OF MIAMI-DADE•
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Federal ID#: a 0 —5 71 '3 6^ I \'
Sign.t oftlotary Public
BY: PAS t-° -PetVA
Printed Name of Organization's Authorized Representative A��
(City Attorney Approval Here) Notary Na i e: v J a_.() ��
a 'ublic, State of Florida
APPROVED AS TO
FORM & LANGUAGE � � �-7/
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EXPIRES:Janua 27 2016
City Attorney Date �;pf eor�ed>•nn,Nory ry '
Public Underrvrlters
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. 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, 2015, must
submit their final reports no later than November 15, 2015. 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 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
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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 future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 11-12.
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 $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$300,000 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 VII 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 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, at 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).
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In the event of a Default, 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 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, 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.
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 1-6 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 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.
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Article Ill / 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 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, intersexuality,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-
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Exhibit 1 / Revised Project Description
Organization: Cuban Classical Ballet of Miami, Inc.
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:
PROGRAM III
GISELLE
The Most Famous Full-Length 19th Century Romantic Ballet,Performed by guest Prima Ballerina Nathalia
Osipova(Rusia) &Principal Dancer Ivan Vasiliev(Russia) with magnificent corp de ballet, beautiful
costumes and original stage scenery of the Kirov
Fillmore Miami Beach Jackie Gleason Theater
Friday, June 5/2015 8:00 PM
Miami Dade County Auditorium
Sunday, June 7/2015 5:00 PM
PROGRAM IV
CLOSING GALA OF THE STARS
ETOILES CLASSICAL GRAND GALA&CLOSING GALA OF THE STARS
Cuban Classical Ballet of Miami will be performing at the XX International Ballet Festival of Miami
Fillmore Miami Beach Jackie Gleason Theater
Saturday, September 12/2014 8:00 PM
Miami Dade County Auditorium
Sunday, September 13/2014 5:00 PM
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.
CHANGE
PROGRAM III
"DON QUIXOTE"
The Most Famous Full-Length Character Ballet, Performed by guest Prima Ballerina Nathalia Osipova(Rusia)
&Principal Dancer Ivan Vasiliev(Russia) with magnificent corp de ballet, beautiful costumes and original
stage scenery of the Kirov
Colony Theater Miami Beach
Friday, June 5/2015 8:00 PM
PROGRAM IV
CLOSING GALA OF THE STARS
ETOILES CLASSICAL GRAND GALA&CLOSING GALA OF THE STARS
NO CHANGES
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name of organization: Cuban Classical Ballet of Miami, Inc.
Date(s) of Project: 6/5/15; 9/12/15; 9/13/15
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 12,000 Admissions 30,000
Personnel -technical 6,000 Contracted services
Personnel -administration 7,500 1,000 Tuitions 2,500
Outside artistic fees/services 6,000 Corporate support 20,000 10,000
Outside other fees/services 6,000 Foundation support 4,000
Marketing/Publicity 30,500 7,500 Individual support 2,000 1,000
Space rental 20,000 Government grants
Utilities Federal
Equipment rental State 25,000
Office supplies 500
Other Costs: (Itemize below) Other Contributions (Itemize below)
In-county travel 1,500 Cash 500
Out County Travel 5,000 2,500
Union Fees 10,000
Insurance 1.000
City of Miami Beach Grant Award 16,611.43
Total cash expenses 100,611.43 Total cash revenues 100,661.43
Total in-kind expenses 11,000 Total in-kind revenues 11,000
Total project expenses 111,611.43 Total project revenues 111,611.43
CASH & IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: Cuban Classical Ballet of Miami, Inc.
Date(s) of Project: 6/5/15; 9/12/15; 9/13/15
Grant Award: $16,611.43
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.
(Cultural Anchors are excluded from these restrictions.)
Grant Expenses
Personnel —artistic 6,000 Equipment Rental
Personnel —technical 1.000 Space rental (Performance
Related Only)
Outside artistic fees
Marketing/Publicity 2,611.43 Total Other Costs (itemize
Below)
Printing 2,000
Description Amount
Postage
Union Fees 5,000
TOTAL (must equal grant award): 16,611.43
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement. (Cultural
Anchors are 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
• 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
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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);
• "Brick 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 are
excluded from this restriction);
• Travel or transportation;
• Insurance Fees (Cultural Anchors are 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 by 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.
• 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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