Concert Assoc. of Fla.
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
GRANT AGREEMENT
This Grant Agreement is entered into this 22 day of October, 1998 between the City of
Miami Beach, Florida, on behalf of the Miami Beach Cultural Arts Council (collectively the City)
and Concert Association of Florida (Grantee).
ARTICLE I
DESCRIPTION OF GRANT
1.
Grantee:
Concert Association of Florida
555 17th Street
Miami, Fl 33139
2.
Total Amount of Grant:
$ 32,000 00
(50% to be paid upon execution of this Agreement; the
balance due upon completion of Project.)
(See Exhibit I, attached hereto.)
(See Exhibit II, attached hereto.)
September 30, 1999
Upon Project completion and concurrent with City's payment
of balance of Grant.
3.
4.
5.
6.
Project Description:
Itemized Budget:
Expenditure Deadline:
Report Deadline:
ARTICLE IT
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 which
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 Line
Item Budget, or with changes not to exceed ten percent (10%) per category, so long as expenditures
do not exceed the total amount of Grant funds.
3. Reports: This Grant has been awarded with the exception 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 according to the schedule listed under Article
1-6 herein.
4. Amount of lIfant and Payment Schedule: The total amount of the Grant is
specified 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. 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 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 fmanciaI records of the Grantee, whether or not purported to be related to
this Grant.
8. Publicity and Credits: The Grantee must include the following credit line in news
releases and programs related to this Grant: WITH THE SUPPORT OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AND THE CITY OF MIAMI
BEACH CULTURAL ARTS COUNCIL.
9. Liability and Indemnification: The Grantee shall indemnify and hold hmmless
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
2
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 Fla. Stat., 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. Assignment: The Grantee is not permitted to assign this Grant, and any purported
assignment will be void.
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
Ordinance No. 72-82 (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.
12. Remedies and Expenditure Deadline: 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 demands 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's Cultural Arts Council 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 for a period not to exceed one (1) year.
3
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 remedy which
may be available to it under the law.
13. Indulgence Will Not be Waiver of Breach: The indulgence of wither 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 Notice..<i: Any written notices required under this Agreement will be
effective when delivered in person or upon the receipt of certified letters addressed to the Grantee
at the address specified in Article 1-1 of this Agreement, and to the Director of the Council when
addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council,
1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139.
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 Represent.<i 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 ill
SPECIAL CONDmONS
The Grant awarded to this organization is the result of an extensive public review process
which found that the organization 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 the Articles of this Grant
Agreement.
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 V.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin,
handicap, or sex.
4
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 required that Grant recipients provide equal
access and equal opportunity and services without discrimination on the basis of any disability.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 22 day of
October, 1998.
ATTEST:
CITY OF MIAMI BEACH
Neisen K~i~aYor
j~k~ PtudM
Robert Parcher, City Clerk
CONCERT ASSOCIATION OF
GRANTEEI F'T.mnTJ]\ TNr'
Print Name of Organization
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BY: Judi th Drucker, President
Pri~ed Name of Chairman or President
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/Signature
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BY: Audre Mendel, Treasurer
PrinredN eOfC~~: A
Signature
Judith Drucker
BY:
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5
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
EXHIBIT 1
REVISED PROJECT NARRATIVE
Organization:
Concert Association of Florida
Federal ID#:
59-2029354
Project Title:
CAF EVENTS AT TOPA - Ballet Madrid, In the Fiddler's House
The Project Narrative or Description is a complete description of the proposed project or
event as approved by the Grants Panel based on the original application. Please include the number
of events, participants, locations and audience to be served. Also, please include a brief statement
indicating how this event will be made available to the public.
NARRATIVE OR DESCRIPTION
The Concert Association requests MBCAe support for two major events of the 1998-99
Season at the Jackie Gleason Theater ofthe Performing Arts, Ballet Madrid Ullate on October
23 and 24, 1998, and the return of Itzhak Perlman in his widely popular klezmer music
production, In the Fiddler's House on February 23, 1999.
These events will be subject to a comprehensive marketing plan that includes marketing
and advertising as part of the Concert Association's overall Season, as well as event-specific
advertising. Major media will include the Miami Herald, Sun-Sentinel, El Herald, Diario Las
Americas, WTMI-FM, WLRN-FM, WXEL-FM, broadcast and cable TV stations, other radio
stations, and all South Florida culture, travel and tourism periodicals. These events will also be
publicized outside South Florida in other Florida and major U.S. markets.
Brochures and flyers will be distributed by mail (up to 120,000+ pieces/mailing), program
inserts at all CAF -used venues, and brochure racks at hotels, tourism information outlets, and
other public locations. CAF will also enlist cooperative marketing through Hispanic and Jewish
organizations, offering discounted blocks of tickets that the organizations may sell to their
members and earn commissions for themselves.
Necessary changes in the program (if any) if funding received is less than original request:
No changes are anticipated.
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
EXBmIT 2: REVISED PROJECT BUDGET
A. TOTAL PROJECT BUDGET
Name of Organization: Concert Association of Florida
Project Title:
CAF EVENTS AT TOPA - Ballet Madrid, In the Fiddler's House
Date(s) of Project:
Oct. 23,24, 1998; Feb. 23, 1999
List cash expenses and cash revenues specifically identified with your program,
project or events. Round off all numbers to the nearest dollar.
NOTE: TOTAL PRO.JECf EXPENSES AND TOTAL PRO.JECf REVENlJES MUST BE EQUAL
EXPENSES
Cash In-Kind
Personnel - Artistic
Personnel- Technical 41,150
-
Personnel - Administration 75,000
Outside Artistic Fees/Srvcs 164,500
Outside Other Fees/Srvcs 6,000
MarketinglPublicity 83,300
Space Rental 16,500
Travel 5,000
Utilities
Equipment Rental 13 , 000
Equipment Purchase
Office Supplies 2,550
Insurance/Security 1,500
Other Costs:
(Itemize below)
production - non- 21,500
personnel
Grant Award
32.000
430.000
(cash + in-kind)
Total Cash Revenues 430 , 000
Total In-Kind Revenues
-
Total Project Revenues 430,000
(cash + in-kind)
Total Cash Expenses
Total In-Kind Expenses
Total Project Expenses
430,000
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
EXHmIT 2: REVISED PROJECT BUDGET
B. GRANTAWARDBUDGET
Name of Organization: Concert Association of Florida
Project Title:
CAF EVENTS AT TOP A - Ballet Madrid. In the Fiddler's House
Date(s) of Project:
Oct. 23,24, 1998; Feb. 23, 1999
* Directions: Itemized cash expenses to be expended from grant funds must be specifically identified.
Expenditures must equal the total amount of the grant award.
Grant Expenses
Personnel - Artistic
Personnel - Technical
Personnel - Administrative
Space Rental
Travel (LOCAL ONLY)
Marketing/Publicity
Outside Artistic Fees
Outside Other Fees
Other Costs
(Itemize below)
TOTAL
GRANT FUND RESlRICTIONS:
10,000
22,0.00
32,000
Grant funds may NOT be used for:
Renumeration 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)
Debts reduction
Out-of-County travel or transportation
Fundraising events
Hospitality events
Events not open to the public