Miami Light Project Grants Agr.
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City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 28th day of Decembe~ 200 I between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Miami Light Project (Grantee).
Article I I Grant description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Grant amount:
Miami Light Project
3000 Biscayne Boulevard Suite 100
Miami FL 33137
305- 576-4350 305- 576-4350 rkjelgaard@miamilightproject.com
2.
$10,000
50% paid upon execution of this Agreement.
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City
as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by
the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant
amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall
constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee
further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a
result of any patential shortfall in the grant aTnQunt. Final payment will be made by September 30, 2002,
and upon completion of Project, submission and approval of final report.
3.
Project description: See Exhibit 1, attached hereto
4.
Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5.
Expenditure deadline: Seotember 30. 2002
6.
Project completion date: July, 31, 2002
7.
No later than 90 days after Project Completion Date.
Report deadline:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 28th day of DecembeJ;2001.
GRANTEW Miami Light Project,rnc.
Print Name of Organization
FederalID# 65-0107810
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ATTEST:
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Robert Parcher, City Clerk
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Article II I 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 ofFlorida (City). The City has delegated the responsibility
of administering this Grant to the Executive Director of the City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Descriotion: The Grantee may only use the Grant for the purposes that are specifically described in the
Project Description, attached hereto as Exhibit No. I. 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, so long as said expenditures do not exceed the total amount of Grant
funds. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall 'not be
pennitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to
the Director, in writing, detailing and justifYing the need for such changes.
All Grant recipients must participate in at least one ArtsBeach Second Thundays (see Article ill-I 9).
The following City of Miami Beach "Anchors" are required to provide specific information in their Project Description,
attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization(s).
Miami Beach "Anchors" for 200112002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualify it
from future consideration from the City's Cultural Arts Grant Program.
3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50010 of their
Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's
Fiscal Year on September 30, 2002.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to
the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any
type whatever in excess of the total Grant amount. Cost overrons are the sole responsibility of the Grantee. The Grant
funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award.
5. Prol!l'8l11 Monitoring and Evaluation: The Director ofthe Council may monitor and conduct an evaluation of
operations and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
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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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds.
7. Accounting and Financial Review: The Grantee must 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, such as
vouchers, bills, invoices, receipts and canceled checks, shall be 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 Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, 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 ofMiIlmi Beach Cult1ualArts Council logo and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. 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 instruments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents and instrumentalities 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 perfonnance
if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. 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 ofthe 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 the responsibility to indemnify, keep and save
harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided.
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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 anyone 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.
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10. Assil!:1lment: The Grantee is not 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-I 2.
11. Comoliance 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
ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein.
12. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Director of the Council may 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 breach of any term or condition of this Agreement, upon
five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
ofthe Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
ofthe date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a brea:ch of this Agreement, the Grantee will not be eligible to apply to the City for
another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
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The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds.
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 Director of the Council an extension of the Expenditure Deadline which, if approved, shall be for a period not to
exceed one (I) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be available
to it under the law.
13. Induhrence 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 of the breach of failure occurs or at any time throughout the term of this Agreement.
19. 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: David Whitman, Director, Miami Beach Cultural Arts
Council, 1700 Convention Center Drive, Miami Beach. Florida 33139-1819.
15. Cautions Used in this A2reement: 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 Reoresents 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 I 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
ofthese funds for any program component not meeting this condition will be considered a breach of the terms ofthis
Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement.
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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 1 %4 (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 Ordinance No. 92-2824, as amended
from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race,
color, national origin, religion, sex, sexual orientation, handicap, marital 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. All Grant recipients must participate in at least one" ArtsBeach Second Thursdays" (Second Thursdays),
a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations
throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shaH include the exact
manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a
material breach ofthis Agreement, as provided in Article II - 12 herein.
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Exhibit 1 / Project L ,~~ription
[Note: The following Project Description is revised to represer'l .I,e possible Grant reduction,
as a result of the potential City Resort Tax shortfalL]
Organization: MiEl)l}i Liqht Pro; ect
Project title: MLP' 5 2001 - 2002 Season
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the
organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
Miami Light Project will utilize funding support from the Miami Beach Cultural Arts Council for its Miami
Beach-based programming for the 2001-2002 season, including the 13th Annual Contemporary
Performance Series, Matinee Series and Come Out Laughing.
COMPANHIA PAULO RIBEIRO October Sill & 6111 2001 - Colony Theatre DANCE
An evening of dynamic physical and musical repartee between superb dancers and a jazz trio led by virtuoso
pianisUcomposer Mario Laginha and vocal firebrand Maria Joi!lo. The spontaneous dialogue builds to a fevered pitch
as the rhythms and syncopations of the dance match, measure-for-measure, the intensity of the live music, becoming
a joyful celebration of the energy of life. This critically acclaimed dance company is at the forefront of Portugal's
growing contemporary dance tradition. "The dancers are a remarkable blend of physical power, dramatic subtlety
and well-honed technique."--New York Times 2 evening & 1 matinee performance, 1 master class and a meet-the-
artist event.
LOS FAKIRES November 16th, 2001 - Lincoln Theatre MUSIC
Legendary musicians from Santa Clara, Cuba, who have been performing together for over 40 years, Los Fakires
have a 40's feel. They bring to life the rich and vibrant sounds of son - a musical tradition from central and westem
Cuba that merges the African and Spanish musical traditions from the 16th_18th centuries. Performing classic son
interpretations and compositions with orchestration which includes maracas, tres guitar, saxophone, clave and
captivating vocals, the ensemble gives breath to Cuba's yesteryear. "If you liked Buena Vista Social Club, you will
love Los Fakires" - RIP. 1 evening & 1 matinee performance, 2 master class and a meet-the-artist event.
LOS MUt:lEQUITOS DE MATANZAS AprIl 9111, 2002 -Jackie Gleason Theater MUSIC & DANCE
One of Cuba's premier music groups, this legendary ensemble is a mesmerizing blend of fiery rumbas, explosive
dance and enthralling vocals. This 50th Anniversary Tour concert, Ka'enda, celebrates African and Afro-Cuban
folklore; ritual and contemporary compositions; and showcases three varieties of rumba: Yambu, played on wooden
boxes; Columbia, a rural rumba enlivened by the use of machetes and knives; and Guaganco, an urban rumba
stressing the sexual tension between males and females. 1 evening & 1 matinee performance, 2 master class, meet-
the-artist event and a rumba party.
COME OUT LAUGHING June, July & August TBA, 2002 - TBA HUMOR
Artists from across the United States address the triumphs and trials of being gay in America. This three-program
series, now in its 9th season, is intended to appeal primarily to South Florida's sophisticated gay community that,
although growing in number, remains underserved in the cultural community.
CHANGES
Come Out Laughing has been very strongly associated with the Colony Theatre, which will be closing
their doors this summer for an extensive yearlong renovation. This development has inspired a pilot
expansion that will move this series in a new and exciting direction and revise its profile as we move
into the second decade. Come Out Laughing, historically a summer event, will be expanded into a
year-round series through which MLP will partner with various community organizations to
present comedy artists in conjunction with important and high-profile gay and lesbian events.
For the 2002 _10th Anniversary Season COl will feature 2 presentations within the grant time frame.
~ May 17-18, 2002 we will feature the presentation of veteran headliner, Suzanne Westen hoefer, in
conjunction with Aqua Girl, a Womens Fund/DHRF sponsored event.
~ In order to create a smooth transition from COl's prior format to its new format, we will present 1-2
performances on July 19-20, 2002, featuring a typical COl mixed bill of male & female artists. Artists
we are considering for this performance include Karen Williams and Bob Smith.
Performances will occur at 8 p.m. A variety of both club and theatrical venues on Miami Beach are
currently being considered for these programs.
2nd THURSDAYS
Miami Light Project will participate in Z'd Thursdays by presenting work we have commissioned from
Here & Now artists at Miami Beach venues during the months of June, July and August.
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Exhibit 2-A: Project Budget / Total Project Budget
(Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Name of Organization:
Miami Light Project Project Title:
MLP's 2001-2002 Season
Date(s) of Project:
October, 2001 - July, 2002
Attach a copy of the total Project Budget or list cash expenses and cash revenues specifically
identified with your program, project or events. Round Q(f all numbers to the nearest dollar.
EXPENSES REVENUES
Cash In-Kind Cash In-Kind
Personnel - Artistic 41,136 Admissions 87,500
Personnel - Technical 3,000 Contracted Services
Personnel - Administration 61,704 Tuition
Outside Artistic Fees 52,200 Corporate Support 51,900 20,000
Outside Other Fees 12,400 Foundation Support 45,920
MarketinglPublicity 64,756 10,000 Individual Support 56,880
Space Rental 15,500 Government Grants
Travel & Housing 7,300 10,000 Federal
Utilities/Phone/Intemet 4,360 State (F AC) 20,000
Equipment Rental 8,500 Local 20,000
Equipment Purchase
Office Supplies 6,904
Insurance/Security 4,120
Other Costs: (Itemize below) Other contributions: (Itemize below)
Special Events 12,000 Program Ads 12,000
Hospitality 4,000 Merchandise 2,000
InteresV1)uesfFees 12,320 Applicant Cash 4,000
Grant Award 10,000
Total cash expenses 310,200 Total cash revenues 310,200
Total in-kind expenses 20,000 Total in-kind revenues 20,000
Total project expenses 330,200 Total project revenues 330,200
(cash + in-kind) (cash + in-kind)
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Exbihit 2-B: Project Budget I Grant Award Budget
[Note: The following Project Dc_cription is revised to represent the possible Grant reduction,
as a result of the putmtial City Resort Tax shortfall.]
Name of Organization:
Miami Light Proj ect
Project Title: MLP's 2001-2002 Season
Date(s) of Project:
October, 2001 - July, 2002
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
IGrant Expenses
Personnel - Artistic
2,500
Personnel- Technical
Personnel Administration
2,500
Space Rental
Travel (local only)
MarketinglPublicity
Outside Artistic Fees
5,000
Outside Other Fees
Other Costs:
(Itemize below)
Total
10,000
Grant requirements:
Grant monies must be spent within budget categories agreed upon in contract
AII publications associated with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the folIowing byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City employees for any services rendered as part ofa project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" 01' pennanent equipment (pennanent equipment necessary for proposed project may
be purchased if the price is less than what is would cost to rent the equipment)
Debt reduction
Out-Of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public