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Miami City Ballet " " - MIAMI Bl!ACH Arti COU"CIL ~Ile.f~ This Grant Agreement is entered into this c2 {J tt. day of S tp I-e 1M. ~ ,2002, belween the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts CouncU (collectively, the City), and Miami City Ballet (Grantee). City of Miami Beach Cultural Arts Council 200212003 Cultural Arts Grant Agreement Article II Grant Description 1. Grantee: MiamI CIri Ballet Address 2200 Liberty Avenue City, State, Zip MIami Beach FL 33139 Phone, fax, e-mail (305) 929-7000 ext.1414 (305) 929-7004 Monica@miamicityballet.org Grant amount: 24,800 50% paid upon execution ofthis Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. Project description: See Exhibit 1, attached hereto Itemized budget: See Exhibits 2-A and 2-B, attached hereto Contract deadline: October 31,2002 Expenditure deadline: September 30, 2003 Project completion date:)vfaYcYri30, .:2003 . Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. 2. 3. 4. 5. 6. 7. a. parties hereto have executed this Agreement this J~~daYOf APPROVED AS TO GUAGE & FOR EXECUTION . GRANTEE! I Print Name of Organization 5Q-l51gS311 8d~n r President BY: ~ PrintedN (,-'U;<)'l- . tv om~ Date ~ ~ ~- , Signature 0vuJJ.ffi.- BY' 0 Robert Parcher, City Clerk P .' t fin , ~AA~ Notary Public (for Gra tee's Organization) (Corporate Seal) Date Article III 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 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.1. All expenditures will be subject to the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (1 0%) 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 permitted 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 a minimum of one Second Thursdays (see Article 111-19). The following City of Miami Beach "Anchors" are required to provide specific information in their Project Description, attached hereto as Exhibit No.1, 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 2002/2003 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 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 final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 45 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2003 to receive the up to 50% of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due no later than 45 days after the completion of the City's Fiscal Year on September 30, 2003. 4. Amount of Grant and Pavment 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 overruns 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. Prooram Monitorino and Evaluation: The Director of the 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. Page 2 of 8 '. 6. Bank Accounts and Bondina: 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. Accountina 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 Councilor his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, 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 of Miami Beach Cultural Arts 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 performance 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 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 the responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities 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 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. 10. Assionment: 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 11-12. 11. ComDliance 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. DefaultlTermination 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, ofthe 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 Page 3 of 8 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 of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the 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 breach 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. 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 (1) 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. Induloence 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. 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: Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. CaDtions Used in this Aoreement: 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 ReDresents Total Aoreement: 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 1111 Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. As such, use of these 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: Page 4 of 8 '. 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 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 a minimum of one "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 of Miami Beach. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article 11- 12 herein. [The remainder of this page is left intentionally blank] Page 5 of 8 Exhibit 1/ Revised Project Description Organization: Miami City Ballet, Inc. Project title: 2002-2003 Repertory at Jackie Gleason Theater 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 Second Thursdays. Miami 8each Anchors should list specifics about their mentoring program. All programs feature Friday and Saturday 8:00 p.m. performances and Sunday 2:00 p.m. matinee performances. The Nutcracker features an additional 2:00 p.m. matinee on Saturday. Revised Proarammina: 2002-2003 Season Miami City Ballet (MCB) will use funds from the City of Miami Beach's Anchors Program to supplement costs of presenting four repertory programs plus The Nutcracker and "Ballet For Young People" at Jackie Gleason Theater. Considered one of the most pure repositories of George Balanchine's choreography, MCB seeks to educate the community about the concept of a repertory and teach audiences how to experience neoclassical ballet. This season, the Balanchine style will be contrasted with pieces by choreographers working in a variety of styles, such as Ivanov-Petipa, Delibes after Saint-Leon, and Edward Villella. MCB's 2002-2003 Season Programming is described below: Program I: "Some Balanchlne Heroes: From Samurai Prince to Broadway Hoofer" (November 8-10) This all-Balan chine program will allow audiences to retum to masterworks they may have seen in the past in order to gain a deeper understanding of the layers of meaning inherent in these works. The program will include Bugaku, set to music by Mayazumi, which takes the audience to ceremonial ancient Japan; Apollo, which features music by Stravinsky and focuses on the myth of gods and muses; Glinka Pas de Trois; and finally, Slaughter on Tenth Avenue. a crowd-pleasing excerpt from the Broadway musical, "On Your Toes', full of gangsters and strip-tease girls. Program II: "Tchalkovsky's Princes and Poets" (January 24-26) Part of the artistic vision of choreographers includes the select matching of their talents with outstanding composers. such Tchaikovsky, whose work is especially compatible with the Balanchine and Petipa aesthetic. This program will feature Petipa's Swan Lake Act 2. Perhaps the most famous of all Russian ballets, Swan Lake is known for its emotional intensity, inventive choreography, glorious music, and moving psychological drama. Also featured will be Balanchine's Elegie, as well as the Company Premiere of Petipa's Black Swan Pas De Deux. The final selection is Balanchine's Theme and Variations, set to Tchaikovsky's Suife No.3 in G Major. Op. 55. It is a ballet which Balanchine said "evokes t~at great period in dancing when Russian ballet flourished with the aid of Tchaikovsky's music. Program III: Coppella: Ballet's Comic Masterpiece (Company Premlerel) (February 21-23) The Company Premiere of the full-length story-ballet Coppelia will be the centerpiece of the Season. Just as Giselle is ballet's great tragedy, Coppelia is its great comedy. A classic ballet in three acts, Coppelia is a heroine whose lover is lead astray by a beautiful, lifeless doll. Unlike Giselle, Coppelia's lover is ultimately brought back to her, having leamed his lesson and the story has a happy ending. Program IV: "Ballroom at the Ballet: The Changing Rhythms of Life" (March 28-30) The season closes with the World Premiere of Edward Villella's four-part work, The Neighborhood Ballroom. Each of the four acts represents a historical period and highlights a social dance that was influential at the time. The Neighborhood Ballroom follows life in America from the Belle ~poque era when waltz was the craze, to the Jazz Age with its impossibly fast quick-step, to the Art Deco period of World War II when romantic couples could embrace the fox trot, and finally the Cold War days when mambo was the king of the ballroom. MCB will once again present the holiday classic George Ba/anchine's The Nutcracker™, which has long been a family favorite. (The Nutcracker™ performances: Dec. 13-15.) The Company will again present "Ballet for Young People", a 2- program matinee series. This interactive program introduces excerpts from ballet with younger, lighter themes from the repertory, offering educational entertainment for young families with children. Prior to the performance children have the opportunity to meet dancers and participate in activities designed to teach the basic elements of dance (foot positions, lifts, make-up application etc.). (Ballet for Young People performances: Nov. 9 and Jan. 25). MCB Company Dancers will establish a new series called "Our Show," which will include a total of eight performances. ("Our Show" matinee and evening shows: Oct. 5, 6, 12 and 13). 'Our Show" will be held in MCS's intimate 200-seat theater where the dancers will present their favorite pieces, offer personal insights and host a post-show reception. The proceeds will directly benefit t~e financial needs of the Company Dancers. Page 6 of 8 Second Thursdav's Proarammlna October 10: "Making Music with MCB" MCB's Miami Beach headquarters will be open for 30-minute tours led by trained docents. Participants will view MCB School classes, get a "behind the scenes" look at the Company's costume shop and studio spaces, participate in interactive elements in the lobby, and register for prize drawings, such as tickets to the first "Ballet For Young People" program to be held in the fall at Jackie Gleason Theater. The South Beach Chamber Ensemble, South Beach Gay Men's Choir, or The Miami Beach High School Rock Ensemble will perform either in a studio, the lobby or on one of the balconies (weather permitting). November 14: "Nutcracker in the Garden" MCB and Miami Beach Botanical Gardens will collaborate for this special evening, which will provide a "preview" of the holiday spectacular The Nutcracker. MCB Dancers or School students and The Nutcracker "mascof' will be on-site at the Botanical Gardens to promote The Nutcracker and answer questions. December 12: "At Home for the Holidays with MCB" This will be an open house at MCB's Miami Beach headquarters with an up-close emphasis on all the exciting elements of The Nutcracker. There will be 30-minute tours led by trained docents. Participants will view MCB School classes, get a "behind the scenes" look at the Company's Nutcracker costumes and studio spaces, participate in interactive elements in the lobby, and register for prize drawings, such as tickets to the first The Nutcracker program to be held at Jackie Gleason Theater (Dec. 13-15). In addition, there will be a special "Art and Sole" art exhibition in the lobby that will feature one-of-a-kind toe shoe designs by MCB Resident Costume Designer Haydee Morales and her sister Maria Morales. January 9: (N/A) February 13: "Movement Awareness" MCB will offer free to the public, an interactive program such as yoga, meditation or other alternative practices such as tai chi or Pilates. A local instructor, Le. Michael Orkin, who will present the techniques at an introductory level, will conduct the programs at MCB Studios. These programs will provide unique ways of approaching exercise and relaxati0n, while offering a deeper understanding of bodily movement and mind-body interaction. March 13: "Special Guests Night" MCB will host fellow grant recipient, DanceNowl who will perform in MCB's 200 seat Lynn and Louis Wolfson, II mini-theater. MCB will mentor DanceNow! by providing studio space for this organization to showcase its unique fusion of modern dance, jazz and yoga. MCB and DanceNow! Co-Director Hannah Baumgarten are currently discussing the nature of their presentation. In addition, MCB has offered the Center for Emerging Art, Inc. (CEA) the opportunity to present a dance performance titled "Passages." April 1 0: "Endangered Species" MCB is exploring the possibility of hosting CEA's dance performance titled "Endangered Species." MCB will allow CEA to use our studios to present "Endangered Species" to the public. May 8: "Student Showcase Sneak Preview" MCB School will explore the possibility of students presenting an excerpt from the spring Student Showcase. This may serve both as an additional rehearsal for MCB's advanced students as well as a promotion to sell tickets to the 2003 Student Showcase performance. (Please note: the date of the Student Showcase is yet to be determined, but is usually in May.) In addition, MCB will explore hosting an artist or exhibition in the building lobby. June 12: (N/A) July 10: (N/A) August 14: (N/A) September 11: (N/A) Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: Miami City Ballet Project Title: 2002-2003 Repertory at Jackie Gleason Theater Date(s) of Project: October 1, 2002 - September 30, 2003 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 509,356 Admissions 1,068,667 Personnel - technical 165,726 Contracted services Personnel - administration 491,199 Tuitions Outside artistic fees/services Corporate support 83,333 68,333 Outside other fees/services 219.333 Foundation support 100,000 Marketing/Publicity 250.567 15,525 Individual support 756,543 15,000 Space rental 115.000 Government grants 150,000 Travel Federal 13,333 Utilities 28.600 State 63,688 Equipment rental 29.667 Office supplies 10.166 Insurance/Security 33.759 Other Costs: FundraisinR/Development Store/Concessions Telephone Warehouse Rental Facilitv Maintenance Other Total cash expenses Total in-kind expenses Total project expenses (itemize below) 94,167 51,982 16,833 16,167 16,767 29,775 414,948 15,826 2,442,030 83,333 2,525,363 (cash + in-kind) Re~. Other 111=1 . (itemize below) Store/Concessions 25,000 Facility Rental Special Events Miscellaneous 50,000 63,333 43,333 24,800 Grant award Total cash revenues 2,442,030 Total in-kind revenues 83,333 Total project revenues 2,525,363 (cash + in-kind) Page 7 of 8 , , Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Miami City Ballet Project Title: 2002-2003 Repertory at Jackie Gleason Theater Date(s) of Project: October 1, 2002 - September 30, 2003 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant EXDenses Personnel- artistic 24.800 Personnel - technical Personnel - administrative Space rental Travel (local only) Marketing/Publicity Outside other fees Outside artistic fees Other costs (Itemize below) TOTAL 24,800 Grant requirements: Grant monies must be spent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline 'City of Miami Beachn Grant funds may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (permanent 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 Page 8 of 8