Miami City Ballet $25,000
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City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
J.ft (I
This Grant Agreement is entered into this ! day of .Jffp~#1/} u12-- , 2004, between the City of
Miami Beach, Florida, (the City), and Miami City Ballet (Grantee).
Article 1/ Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Miami City Ballet
2200 Liberty Avenue
Miami Beach, FL 33139
(305) 929-7000, ex!. 1100, (305) 929-7004, Pamela@miamicityballe!.org
2. Grant amount: $2500050% paid upon execution of this 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: November 5, 2004
Expenditure deadline: September 30, 2005
Project completion date: September 30, 2005
Fin Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. i. II ~
EREOF, the parties hereto have executed this Agreement this /'1 day of /llt6vl-UlIlrt!.-, 2004.
(~o ~QAdw-
Robert Parcher, City Clerk
Grantee's Cor orate Seal Here
APPROVED AS T
FORM & LANGUA E
& FOR EXECUTIO
GRANTEE: Miami Citv Ballet
FederallD #: 59-2578534
BY: ~k.. B. \~riLNl
Printed Name of Organization's Authorized Representative
S;go,,"~ ~ ~. E'~U
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
thi~~dayof C::C(<:::J~ 2004, by
\-'IA1Z--c. ~. RcS~\>.l""" of
M\ VO\'T-"I\ U~-\ ~A'-L.l:::.T ,a not-for-profit
corporation. He/SRe-is personally known to me ortTas
Pf6duuoJ as
identification.
~aA~
Signature of Notary Public
.
Notary Name: O~€-"'\(2 {)3~- ~
Notary Public, State of Florida
ion t):::r
NoIary Public . State of F 10'" I,
ElcPIesMav 23. 2lX;
Commllslon # 00197420
Iorldi!Id Iv NoIionaI Notary ~n,
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 toJhe City's Cultural Affairs Program Manager or his designee.
2. Proiect 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 2-8. Line item
changes to said Budget shall not exceed ten percent (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 ofJhe Cultural Affairs Program
Manager or his designee. Said requests shall be made in advance, in writing, detailing and justifying the need
for such changes.
3. Reports: 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 Cultural Affairs Program Manager or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
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 Cultural Affairs Program Manager or his designee 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 Bondino: 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 Cultural Affairs Program Manager or his designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accountino 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 Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee 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. Publicitv and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. 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. Liabilitvand 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 ofthe 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. 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 iffully set
forth herein.
12. DefaulUT ermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 term or condition of this Agreement, upon five (5) calendar days written demand by the Cultural Affairs
Program Manager or his designee, 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee 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. Indulaence 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. Captions Used in this Aareement: 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 Aareement: 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:
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.
Exhibit 1/ Revised Project Description
Organization: Miami City Ballet Project title: Miami City Ballet's 2004/05 Performances on
Miami Beach
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc.
Miami City Ballet's 2004-2005 season, "A Year of Premieres," features seven new works.
All programs listed below are performed by Miami City Ballet Company Dancers.
Title of Proiect: Procram I
Date: Nov. 5 - 7, 2004 IFri. & Sat. 8 p.m., Sun. 2 p.m.)
Venue/location: Jackie Gleason Theater, 1700 Washincton Ave., Miami Beach
Discioline: Dance
Description including artists:
The season opens with George Balanchine's Divertimento No. 15, an
enchanting ballet, set to Mozart's exquisite work for strings and horns.
Presented next will be the Company Premiere of The Reassuring Effects
of Form and Poetry*, choreographed by Trey Mcintyre, whom The New
York Times called "a new face to watch." Thirty-four-year-old Mcintyre
began choreographing at age 20 for Houston Ballet. Developed for
Washington Ballet in April 2003, this work is set to Antonin Dvorak's
Serenade for Strings and suggests the purity of classical ballet while
incorporating a bold, innovative style. Closing the evening will be the
Company Premiere of Paul Taylor's Piazzolla Caldera*, set to music by
Astor Piazzolla. Piazzo/la Caldera is a modern take on the tango, with
underlying themes of human relationships.
* Companv Premiere
Contact Name and Telephone Number: Pamela N. Gardiner, Executive Director 305-929-7000, ext. 1100
Title of Proiect: Proaram II
Date: Jan. 14 - 16, 2005 IFri. & Sat. 8 p.m., Sun. 2 p.m.)
Venue/location: Jackie Gleason Theater, 1700 Washincton Ave., Miami Beach
Discipline: Dance
Description including artists:
Coppe/ia is considered ballet's comic masterpiece. This full-length story
ballet is wonderful family fare. A classic ballet in three acts, Coppelia is the
story of a maiden whose lover is led astray by a beautiful, doll. The story
has a happy ending, as her lover is ultimately brought back to her, having
learned his lesson.
Contact Name and Telephone Number: Pamela N. Gardiner, Executive Director 305-929-7000, ext. 1100
Title of Proiect: Proaram III
Date: Feb. 11 -13,2005 IFri.& Sat. 8 p.m., Sun. 2 p.m.)
Venue/location: Jackie Gleason Theater, 1700 WashinQton Ave., Miami Beach
Discipline: Dance
Description including artists:
This program will open with the Company Premiere of La Valse*,
Balanchine's neo-romantic work that evokes a dark, mysterious mood as
couples dance in a vast ballroom. Following La Valse, is Jerome Robbins'
Afternoon of a Faun*, an updated version of the Nijinsky classic, which
Robbins was inspired to create after watching a youthful Edward Villella in
class at School of American Ballet. In Robbins' work, the faun becomes a
male dancer captivated by a ballerina who falls under the spell of his
unspoken desire. Sonatine is a brief, subtle ballet performed by two
dancers. The music will be performed on stage by Company Pianist
Francisco Renno. Program III will close with the Company Premiere of
Fancy Free*, Robbins' modern American ballet that depicts three sailors on
leave in New York City.
. Company Premiere
Contact Name and Telephone Number: Pamela N. Gardiner, Executive Director 305-929-7000, ext. 1100
Miami City Ballet
Exhibit l-A(Continued)
Title of Proiect: ProQram IV
Date: Mar. 18 - 20, 2005 (Fri. & Sat. 8 p.m., Sun. 2 P.m.)
Venue/location: Jackie Gleason Theater, 1700 Washinaton Ave., Miami Beach
Discipline: Dance
Description including artists:
This program will open with Paul Taylor's Arden Court, a high-energy work
set to the Baroque music of William Boyce and loosely based on a passage
from Shakespeare's As You Like It. Following, will be the Company
Premiere of Balanchine's dramatic 19th century gothic romance, La
Sonnambula*. The evening will close with the Company Premiere of
Ballet Imperial*, a work of grandeur and elegance that evokes the air of
czarist Russia, set to Tchaikovsky Piano Concerto No.2.
. Companv Premiere
Contact Name and Telephone Number: Pamela N. Gardiner, Executive Director 305-929-7000, ext. 1100
Title of Project: Georqe Balanchine's The Nutcracker 1M
Date: Dec. 10 - 12, 2004 (Fri, Sat. & Sun. 7:30 p.m., Sat. & Sun. 2 o.m.)
Venue/location: Jackie Gleason Theater, 1700 Washinaton Ave., Miami Beach
Discipline: Dance
Description including artists:
George Balanchine's The Nutcracker™, based on storyteller E.TA
Hoffman's timeless classic, is danced to the music of renowned 19th
century composer Peter Tchaikovsky, and is performed under the artistic
direction of dance legend Edward Villella. It is an imaginative story
featuring the dream world of Marie, a young girl who receives a nutcracker
doll from her godfather. In Marie's dream, the doll comes to life, and the
two experience a magical winter wonderland and venture to the "Land of
Sweets" where all childhood fantasies come true.
Contact Name and Teleohone Number: Pamela N. Gardiner, Executive Director 305-929-7000, ext. 1100
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Miami City Ballet
Project Title: Miami City Ballet's 2004/05 Performances on Miami Beach
Date(s) of Project: October 1, 2004 - September 30, 2005
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 794,449 Admissions 1,148,450
Personnel - technical 174,638 Contracted services 0
Personnel - administration 580,855 Tuitions 0
Outside artistic fees/services 76,666 Corporate support 108,150 80,000
Outside other fees/services 259,732 Foundation support 137,333
Marketing/Publicity 277,139 20,000 Individual support 931,120 20,000
Space rental 123,600 Govemment grants 183,126
Travel 0 Federal 8,333
Utilities 29,183 State 46,836
Equipment rental 66,161
Office supplies 9,957
Insurance/Security 38.080
Other Costs: (Itemize below) Other Contributions (Itemize below)
Fundraising/Develop. 90.904 60.000 Special Events 163.083
Store/Concessions 13.733 Store/Concessions 20.600
Facility Maintenance 38.434 Miscellaneous 84. 11 7
Telephone 23.347
Miscellaneous 259.270 20.000 Grant award $25000
Total cash expenses
Total in-kind expenses
Total project expenses
2.856.148
100.000
2.9')6.]48
(cash + in-kind)
Total cash revenues 2.856.148
Total in-kind revenues 100.000
Total project revenues 2. 9')6 . 148
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Miami City Ballet
Project Title: Miami City Ballet's 2004/05 Performances on Miami Beach
Date(s) of Project: October 1, 2004 - September 30, 2005
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below. Line item changes
to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures
do not exceed the total amount of Grant funds
Grant Expenses
Personnel - artistic
25,000
Marketing/Publicity
Personnel - administrative
Space rental
Personnel - technical
Travel (local only)
Outside artistic fees
Outside other fees
(Itemize below)
Other costs
(Itemize below)
TOTAL: $25000
Grant requirements:
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, Cu/tural Affairs Program, Cultural Arts Council."
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