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Freddick Bratcher & Company 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 Freddick Bratcher & Company (Grantee), ARTICLE I DESCRIPTION OF GRANT 1. Grantee: Freddick Bratcher & Company ~O Box 1400.22 Coral Gables, FL 33114-0099 2, Total Amount of Grant: $ 5,00000 (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 314-19.22 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 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 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 Grant 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 confonnance 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 fmancial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credit.~: The Grantee must include the following credit line in news releases and programs related to this Grant: WITIITHESUPPORTOFTHEMAYORANDCITY 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 hannless 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 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 Notices: 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..:; 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 m SPECIAL CONDITIONS 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 ( 4 2 U. 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 1/t/J;1 J~6 PtU(~ Robert Parcher, City Clerk Neisen Kasdin, Mayor GRANTEE/ he-()\.\t-IL nt1Pr.k. ~..&- [~fIf.J1 Print Name of Organization BY: ~~. ,,^ort.A1) Printed Name of Chairman ar Pre5idcPlt / Signature ~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION BY: ~,^.fr\. .N\.Lit:'\ Printed Name of Chief Fiscal Officer 1'//tJ!!!f- l!{:ill ~ Signature ..--......... ~J BY:~~:Jt.. G~~ Printed Name of Executive Director f)fC\'(~I~'- ,c1?~lk,v- Signature RJAIkw(f:lattolalflll\aMl=nntlgrantagr,cac ) 5 CITY OF MIAMI BEACH CUL TIJRAL ARTS COUNCn. EXHIBIT 1 REVISED PROJECT NARRATIVE Freddick Bratcher and Company Organization: Federal ID#: 58-0015166 Project Title: Season Finale Concert Series The Project Narrative or Description is a complete description of the proposed project or event as appro~~ by the ~ts Panel based on the original application. Please include the number ?f ~ven.ts, partICIpants, locatIons and audience to be served. Also, please include a brief statement mdIcatmg how this event will be made available to the public. NARRATIVE OR DESCRIPTION .~ .... In June 1999 Freddick Bratcher and Company will present a series of three self-produced concerts at the colony Theatre Lincoln Road. The program will be comprised of premiere and repertory work from choreographer/founder Freddick Bratcher and guest choreographer(s). This will be the sixth season at the Colony Theatre with audiences comprised of both residents and tourists. Tickets are sold at the boxoffice and through Ticketmaster, with special senior and student prices available, as well as group sales. The Company presents a varied selection of contempora~y danee theatre - encompassing the styles of modern, jazz, ballet and other genres. The dancers will include returning members of the Comp~ny as well as new members.The event is promoted through direct mail, Internet and newspaper, as well as the distribution of flyers and posters throughout the community. Necessary changes in the program (if any) if funding received is less than original request: The grant monies received were 50% of the grant request amount. We have adjusted our figures appropriately, but this will not change the scope or direction of the actual Concert Series and promotion. CITY OF MIAMI BEACH CULTURAL ARTS COUNCn. EXHIBIT 2: REVISED PROJECT BUDGET A. TOTAL PROJECT BUDGET Freddick Bratcher and Company Name of Organization: Project Title: Season Finale Concert Series Date(s) of Project: June 4,5,6, 1999 List cash expenses and cash revenues specifically identified with your program, project or events. Round ojJaJ/ numbers to the nearest dnllar. NOTR. TOTAl. PROJECT EXPENSES AND TOTAl, PROJECT REVF.NlJES MIJST BE EQUAL CITI' OF MIAMI BEACH CUL TIJRAL ARTS COUNCn.. EXHmIT 2: REVISED PROJECT BUDGET B. GRANT AWARD BUDGET Name of Organization: Freddick Bratcher and Company Season Finale Concert Series Project Title: Date(s) of Project: June 4,5,6,1999 * 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 ONL Y) Marketing/Publicity Outside Artistic Fees Outside Other Fees Other Costs (Itemize below) TOTAL GRANT FUND RESTRICTIONS: 1000 500 1500 2000 5000 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