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RESOLUTION 90-19979 RESOLUTION NO. 90-19979 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING THE SUM OF $18, 080 TO THE CONCERT ASSOCIATION OF GREATER MIAMI, INC. , FOR THE PURPOSE OF REHABILITATION AND IMPROVEMENT OF THE COLONY THEATER; APPROPRIATING THE FUNDS FROM REALLOCATED BOND FUNDS; APPROVING THE GRANT AGREEMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF MIAMI BEACH WHEREAS, the City of Miami Beach is the owner of the Colony Theater located at 1040 Lincoln Road, Miami Beach, Florida; and, WHEREAS, pursuant to Resolution No. 88-19309 , the City of Miami Beach, on July 27, 1988, entered into an agreement with the Concert Association of Greater Miami, Inc. , for the operations of the Colony Theater; and, WHEREAS, the Concert Association of Greater Miami, Inc. , wishes to improve the backstage area, dressing rooms, storage area and exits, including purchase and installation of lighting and curtain/scenery hanging systems; repositioning of lighting bars over the stage area and in-house; major safety improvements to the seating area, including hand-holds, safety lights, safety improvements to steps, directional and exit signs in the Colony Theater in order to make the theater a fully functional, state-of- the-art tate-of-the-art performance venue for small productions; and, WHEREAS, the Concert Association of Greater Miami, Inc. , has secured a grant from the Metropolitan Dade County Council of Arts and Sciences in the amount of $18, 080 for half of the cost of the rehabilitation; and, WHEREAS, the grant received from the Council of Arts and Sciences requires matching funds; and, WHEREAS, funds are available from the City' s Reallocated Bond Funds for this purpose to match the grant from the Council of Arts and Sciences to the Concert Association; and, WHEREAS, the City of Miami Beach is desirous of providing the matching funds to the Concert Association of Greater Miami, Inc. , for this purpose. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City Commission grants the amount of $18, 080 to the Concert Association of Greater Miami, Inc. , appropriates the funds from the Reallocated Bond Fund, approves the attached grant agreement, and authorizes the Mayor and City Clerk to execute the grant agreement on behalf of the City of Miami Beach. PASSED and ADOPTED this 9th day of May ' , 1990. i / / 1* vow' ATTEST: 11,2dge,,e7_, /.; CITY CLERK RWP:CBT:jh FORM APPROVED LEGAL DEPARTMENT • Date: 4/// 0, et,,e,o, /4a I e. d s MlBf ' � '� L O R I D A 3 3 1 3 9 y • 1 F * INCORP�°RATEDi* e e VA C,4 TIONL A NI) U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 6737010 COMMISSION MEMORANDUM NO.Z4210 DATE: May 9, 1990 TO: Mayor Alex Daoud and . Members of the City commission ,7 FROM: Rob W. Parkins7r City Manager SUBJECT: GRANT AWARD TO THE CONCERT ASSOCIATION OF GREATER MIAMI, INC. , FOR RENOVATION TO THE COLONY THEATER Attached for your review and approval is a Grant Agreement to the Concert Association of Greater Miami, Inc. , for $18, 080. This grant is a matching grant with the Metropolitan Dade County Cultural Arts Council. The funds will be used for the backstage, onstage and inner-house renovation. Renovations will consist of improvements to the backstage area, dressing rooms, storage area and exits; purchase and installation of lighting and curtain/scenery hanging systems; repositioning of lighting bars over the stage area and in-house; major safety improvements to the seating area, including hand holds, safety lights, safety improvements to steps, directional and exit signs in the Colony Theater in order to make the theater fully functional, state of the art performance venue for small productions. Funds are available for the grant in Bond Fund 351, Reallocation of Bond Funds. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the attached Resolution awarding the sum of $18, 080 to the Concert Association of Greater Miami, Inc. , appropriating the funds from Reallocated Bond Funds, approving the Grant Agreement and authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. RWP:CBT:jh Attachments AGENDA ITEM • DATE - - GRANT AGREEMENT THIS GRANT AGREEMENT, made and entered into this day of 9, , 1990 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, Grantor (hereinafter referred to as the "City") , and the CONCERT ASSOCIATION OF GREATER MIAMI, INC. , a Florida not for profit corporation (hereinafter referred to as "Grantee") . WITNESSETH WHEREAS, the City of Miami Beach leases the Colony Theater to the Concert Association of Greater Miami, Inc. to operate and manage for the City; and WHEREAS, the Concert Association of Greater Miami, Inc. has received a grant from the Cultural Arts Council to improve and rehabilitate the Colony Theater; and WHEREAS, the grant received requires matching funds; and WHEREAS, the City of Miami Beach desires to provide a matching grant to the Concert Association for these purposes; NOW, THEREFORE, in consideration of mutual covenants hereinafter contained, the parties herein covenant and agree as follows: 1. PROJECT DESCRIPTION: The Grantee may use the Grant funds solely for the purposes of purchasing, renovating and construction of improvements to the backstage area. These include consolidation and improvements to the dressing rooms, storage area and exits; purchase and installation of lighting and curtain/scenery hanging systems; repositioning of lighting bars over the stage area and in house; major safety improvements to the seating area, including hand holds, safety lights, safety improvements to steps, directional and exit signs. 2 . AMOUNT OF GRANT: The total amount of the Grant is Page - 1 - $18 , 080 making this Grant, the City of Miami Beach makes no obligation to provide financial support of any type in excess of the Grant amount and has no obligation to award any further Grants to the Grantee. Cost overruns and future funding of the project are the sole responsibility of the Grantee. 3 . PAYMENT OF GRANT FUNDS: Payment of funds will be on a reimbursement basis and will be made upon the receipt of documentation evidencing that allowable expenditures have been paid for and received or that the amount of construction work completed. Documentation will include, but not be limited to, copies of contracts, invoices and cancelled checks. 4 . ACCOUNTING AND FINANCIAL REVIEW: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds. These records shall be kept in accordance with generally accepted accounting principles. The Grantee shall make available to the Grantor, upon request, all records and books related to this Grant Agreement for examination thereof for the purpose of an audit to be performed by the an auditor designated by the Grantor. 5. PUBLICITY AND CREDITS: The Grantee must include the following credit line in all promotional and marketing materials related to this Grant, including public announcements, press releases, programs and print and broadcast media: THIS PROJECT IS SUPPORTED BY A GRANT FROM THE CITY OF MIAMI BEACH. 6. LIABILITY AND INDEMNIFICATION: It is expressly understood and intended that the Grantee is merely a recipient of a Grant from the City of Miami Beach and is not an agent of the City or the City of Miami Beach Commission. In the event a claim or lawsuit is brought against the City of Miami Beach, its Commissioners or any of their officers, agents or employees, the Grantee hereby agrees to indemnify, save harmless and defend any and all claims, liabilities, causes of action and judgements of any type whatsoever arising out of the operation of this Agreement and the Grantee shall pay all the . Page - 2 - costs, attorney's fees and expenses incurred by the aforementioned entities or individuals in connections with such claims or suits. 7 . ASSIGNMENT: the grantee is not permitted to assign this grant, and any purported assignment will render this Agreement void. 8 . DEFAULT: In the event that Grantee shall fail to materially conform with any provisions of the Agreement, the City of Miami Beach may withhold or cancel all, or any, unpaid installments of the Grant upon giving five 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 material breach of this Agreement, the City Manager may demand the Grantee to repay the entire amount of the Grant upon five days written notice. 9 . NOTICES: The addresses for all notices required under this lease shall be as follows, or at such other address as either party shall, in writing, notify the other: GRANTEE: Executive Director 555 17th Street Miami Beach, Florida 33139 GRANTOR: City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 10. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties hereto and it may be modified only be resolution approved by the governing body of each party or any party with authority to execute an amendment or modification on behalf of either party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the respective duly authorized officers, Page - 3 - and the respective corporate seals to be affixed this 7A day of414,-)d- 19 �? 4010f i/7 /6&7-1L, MAYOR City of Miami Beach ATTEST: "te ?-1") ,t1->.L CITY CLERK FORM APPROVED LEGAL DEPARTMENT Date `- e po CONCERT ASSOCIATION OF GREATER MIAMI, INC. / / ECUTIVE DIRECTOR ATTEST: 7 t Page - 4 - ORIGINAL RESOLUTION NO. 90-19979 Granting the sum of $18,080 to the Concert Association of Greater Miami, Inc., for the purpose of rehabilitation and improvement of the Colony Theater; appropriating the funds from reallocated bond funds; approving the grant agreement; and authorizing the Mayor and City Clerk to execute the agreement on behalf of the C.M.B.