CAC & Atropolis Acting Corp.City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this day of etween the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Akropolis Acting Corp (Grantee).
1. Grantee:
Address
City, State, Zip
Phone, fax, e-mail
2. Grant amount:
4.
5.
6.
7.
Article I / Grant description
Akropolis Acting Corp
PO Box 399104
Miami Beach FL 33140
305- 531-8985 305- 531-8985 jduany~mdcc.edu
$7,000 50% paM 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, sam 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 hoM City harmless for any damages or injury sustained by Grantee as a result of
any potential shortfall in the grant amount. Final payment will be made by September 30, 2002, and upon
completion of Project, submission and approval of final report.
Project description: See Exhibit 1, attached hereto
Itemized budget:
See Exhibits 2-A and 2-B, attached hereto
Expenditure deadline: September 30, 2002
Project completion date:
September 30,2002
Report deadline:
No later than 90 days after Project Completion Date.
ACH
D----~vid ~ Mayor
ATTEmpT:.
Robert Parcher, City Clerk
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Signature
GRANTEE/ Akropolis
Print Name of Organization
Federal ID # 650513696 /
.....
BY: Jennylin Duany
Printed Name of Chairman or Presiden~
BY: Elizabeth Doud
Prin~er
Sigmlt~ ~ --'
BY: Giovanni Luquini
Printed Name of Executive Director ---~x
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 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. 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.
Line item changes to said Budget shall not exceed ten pement (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 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 at least oneArtsBeach Second Thursdays (see Article m-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 2001/2002 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. Reports: 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 50% of their Grant award (payable subject to the restrictions in Article I-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 I-2
(subject to the restrictions in Article I-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. Program Monitoring 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.
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 I-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.
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 CulturalArts 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 II-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 any one person
which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed
the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of
action which may arise as a result of the negligence of the Grantee entity.
10. Assignment: The Grantee 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-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 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 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. 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 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 ora 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: David Whitman, Director,
Miami Beach Cultural Arts Council, 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.
Article III / Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process which found that the
Grantee is performing a public purpose through the programs, projects, and 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:
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. Ali 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
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 II - 12 herein.
[The remainder of this page is left intentionally blank]
Exhibit 1 / Project Description
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Organization: Akropolis
Project title: I wish I could tell you
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.
Due to the city' s budget decrease Akropolis will use grant funds for educational and
community initiatives. The company will present a lecture demonstration with students and
Faculty of Miami Beach Senior High School as part of their educational initiative. This
program has recently been adopted as part of the Miami-Dade County Public School Arts
for Learning Project. This project will be geared to increase knowledge within students and
faculty about the contemporary performance within their own communities. Students will be
able to participate in the production aspect of a professional performance by creating
lighting designs, stage managing responsibilities, and sound execution for our perfom,ance
of Snapshots 2002. Students and faculty wilt have an opportunity to learn of local
performance venues, and of the contemporary multi-disciplinary arts that Akropolis work
represent. After the performance, students will participate in a question and answer
sessions discussing the work, process, and company backgrounds. This project will
provide resources to help engage their students in the arts and fell like they have easier
access to working artists in the community. This program will be provided at no cost to the
students and faculty, bringing immediate benefits to staff and students especially those
who do not have access to the prominent performance scene in South Beach.
Exhibit 2-A: Project Budget / Total Project Budget
[Note: The following l~roject Description is revised to represent the possible Grant reduction,
asia result of the potential CiVy Resort Tax shortfall.]
Name of organization: Akrop~ fiis Project Title: I wish I could tell you __
Date(s) of Project: __10/1/~1-_9/30/02
Attach a copy of the ~tal Project budget or list cash expenses and cash revenues specifically
identified with your ~ogram, Project or events. Round off all numbers to the nearest dollar.
EXPENSES
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Securivy
Other Costs:
TRAINING
Total cash expenses
Total in-kind expenses
Total project expenses
REVENUES
cash in-kind
29,700 7,000 Admissions
4,000 1,700 Contracted services
21,000 8,000 Tuitions
7,100 Corporate support
Foundation support
__8,000 Individual support
_7,500 Government grants
Federal
~ State
2,500
800
(Itemize below)
_4,900__ __
__88,500
__26,900
115,400
(cash + in-kind)
Other contributions
Grant award
Total cash revenues
Total in-kind revenues
Total project revenues
cash in-kind
15,000
12,000 5,700
13,200 11,200
2,750
14 950 10,000
10,000
15,000
(Itemize below)
_ 88,500
26,90O
_115,400
(cash + in-kind)
Exhibit 2-B: Project Budget / Grant Award 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: __Akropolis Project Title: I wish I could tell you __
Date(s) of Project: 10/1/01-9-30/02
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Expenses
Personnel - artistic
Personnel - administrative
Travel (local only)
Outside artistic fees
Other costs
(Itemize below)
600
,ooo
Personnel - technical
Space rental
Marketing/Publicity
Outside other fees
_2,000
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 Beach"
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