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--- City of Miami Beach Cultural Affairs Program and Cultural Arts Council
CUC::A':I:::::m Fiscal Year 2005/2006 Cultural Affairs Grant Agreement
TourI8m and CUnural Development
JI .' J
This Grant Agreement is entered into this c:;l J day of ~...,.e J1/ $GL , 2005, between the City of
Miami Beach, Florida (the City), and (Grantee).
Article II Grant Description
1.
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail :
Miami City Ballet
Pamela Gardiner
2200 Liberty Avenue
Miami Beach FL 33139
(305) 929-7000, ext. 1100, (305) 929-7004, Pamela@miamicityballet.org
2. Grant amount: $25,000 50% 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 Project Budget and 2-B Grant Budget, attached hereto
Contract deadline: November 4, 2005
Expenditure deadline: September 30,2006
Project completion date: ~ 30r~OOlo
Fi I Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. +f /)
REOF, the parties hereto have executed this Agreement this I~ '~ay of uc10 &:rR.- ,2005.
D d mer, Mayor
Attest: ~(l.AA--
Robert archer, CityClerk. . -
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
thislJ-day of 0 2005, by
of
\. , a not-for-profit
corporation. He~ is personally known to me.9f-Aes
Grantee's Cor orate Seal Here
JilfseJt:Jeea
ucation(. "\ J
~ ~~~<,)
Signature of Notary Public
as
GRANTEE:
6~ -Z5-=f-853Y Notary Name: _MAR.(PIV?()1\SG't~
U Notary Public, State of Florida
BY: . 0 APPROVED AS TO
Printed Name of Organization's Authorized Repre . & LANGUAGE ~
. ~ *i- & FOR EXEC~eN,mission Expires: J(jrl, ~ (~I ~
Signature _ ~ \'S. e -=====_
, , /L ' ., II I MARLENE ROJAS.GIVENS
'l/tIt'- MY COMMISSION # DO 165997
ty omey~\1' ,. EXPIRES: January 13, 2007
. \'1 ~ Bonded Thru Notary Public Underwriters
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 to the 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-B. Line item
changes to said Budget shall not exceed ten percent (100/0) per category, so long as said expenditures do not
exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the 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. Reoorts: 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, 2006, must submit their final reports no later than November 15,
2006.
4. Amount of Grant and Payment 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, and execution of this Agreement by the parties hereto.
5. Proaram Monitorina 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 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 Cultural Affairs Program Manager or his Designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accountina 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. Publicity 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.
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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 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. Assianment: 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 if fully set
forth herein.
12. DefaultlTermination 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 terminate this
Agreement and 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 termination, the Grantee shall be required to immediately repay to the City all portions of
the Grant which have been received by the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations - Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations - Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
apply for future grants shall remain within the sole discretion of the City.
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
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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 upon demand 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. lndulaence 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: Gary Farmer, Interim Cultural Affairs Program
Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive,
Miami Beach, Florida 33139-1819.
15. Captions Used in this Aqreement: 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.
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19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
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Exhibit 1 I Revised Project Description
Organization: Miami City Ballet. Inc. Project title: Miami City Ballet's 2005/06 Performances in
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. Use extra page if necessary.
Proiect description as approved bv Grants Panel:
Proarammina for 2005-2006 (subject to change) Programs listed below will be presented at
Jackie Gleason Theater, Miami Beach and performed by MCB Company Dancers. (Programs I - IV
each comprises three performances: Fri. & Sat. 8 p.m., Sun. 2 p.m., The Nutcracker is performed
five times.) * Company Premiere
Dates
Program I
Donizetti Variations (Donizetti/Balanchine) Nov. 4-6, 2005
Prodigal Son (Prokofiev/Balanchine)
liThe Quick Step: Unspeakable Jazz Must Go!" (Ellington, Mack, Kahn, Yellen, et.al.Nillella)
Program II
La Source (Delibes/BalaJ:lchine)
*Push Comes To Shove (Lamb-HaydnlTharp)
Western Symphony (American Traditional, arr:Kay/Balanchine)
Jan. 13-15,2006
Program III
*Dances at a Gathering (Chopin/Robbins) (with piano)
Ballet Imperial (Tchaikovsky/Balanchine)
Feb. 10-12, 2006
Program IV
Serenade (T chaikovsky/Balanchine)
Funny Papers (Pop Novelty TuneslTaylor)
Symphony in C (Bizet/Balanchine)
Mar. 3-5, 2006
George Balanchine's The Nutcracker™ (Tchaikovsky/ Balanchine)
Dec. 16-18, 2005
Proiect description as revised (if applicable) based upon the City Commission approved award:
The approved project (stated above) remains the same.
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Miami City Ballet. Inc.
Project Title: Miami City Ballet's 2005/06 Performances in Miami Beach
Date(s) of Project: October 1.2005 - September 30. 2006
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
Cash In-Kind
Personnel - artistic 2,512.3 86
Personnel - technical 569.900
Personnel - administration 2.350.335
Store/Concessions Merch.
Telephone/Communications
Fundraisino/Development
(non-personnel)
New Production Rental
Facilitv Repair & Maint.
Interest
Rovaltv & Licenses.
PerDiem, Lodoino,
Transportation
124.000 228.450
o 1:1;::::';',
84.524
60.822
128,800
169.500
985.603
Other
11.865
Total cash expenses
Total in-kind expenses
Total project expenses
(cash + in-kind)
10269.134
355,815
10.624.949
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Cash In-Kind
3.839.000
968.316
760,500
250.000 307.715
625.000
2.800.000
461.473
30.000
94,852
Other Contributions: (Itemize below)
Rental 25.000
Store/Concessions Revenue 55.000
Special Events Proceeds 400.000
Interests/Dividends 100.000
Postaoe & Handlino 45.000
Misc. 55.000
CAC Grant award
$25,000
Outside artistic fees/services 865.550
Outside other fees/services 0
Marketing/Publicity 677.500
Space rental 755.308
Travel 535.302
Utilities 99.660
Equipment rental 95.000
Office supplies 42.000 15.000
Insurance/Security 109.194--.-.:
Other Costs: (Itemize below)
.h!~:~
39.500:1:'li
64250
(cash + in-kind)
Total cash revenues 10.534.141
Total in-kind revenues 355.815
Total project revenues 10.889.956
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Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Miami City Ballet. Inc.
Project Title: Miami City Ballet's 2005/06 Performances in Miami Beach
Date(s) of Project: October 1. 2005 - September 30.2006
Grant Award: $25.000
Directions: Identify and itemize cash expenses to be paid from Grant award funds.
Grant awards may only be spent within budget categories declared below. Line item
changes to said Budget shall not exceed ten percent (100/0) per category, so long as said
expenditures do not exceed the total amount of Grant funds
Grant Expenses
Personnel - artistic
$25.000
Equipment Rental
Personnel - technical
Space Rental (Performance
related only)
Insurance (Performance
related only)
Other costs total (itemize
below)
Description Amount
Outside artistic fees
Marketing/Publicity
Printing
Postage
In County Travel
TOTAL (must equal grant award): $25.000
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: tlCity of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. 11
Allowable Grant Expenditures:
. Artistic and technical fees directly related to the proposed program or event
. Production costs related to the proposed program, project or event
. Honoraria
. Equipment rental and expendable materials
. Marketing
. Publicity
. Local travel and transportation costs related to proposed program, project or event. Local
travel is defined as travel within the Miami Dade County area
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. Equipment rental and personnel necessary to provide program accessibility as mandated by
the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
Grant Use Restrictions (grant funds may not be used towards):
. Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
. Administrative salaries or fees
. "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
. City of Miami Beach services (permit fees, off duty police, insurance, etc.)
. Debt reduction
. Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
. Travel or transportation outside the local Miami Dade County area
. SociallFundraising events, beauty pageants or sporting events
. Hospitality costs including decorations or affiliate personnel with the exception of artists
. Cash prizes
. Lobbying or propaganda materials
. Charitable contributions
. Events not open to the public; unless the event serves to specifically benefit City of Miami
Beach government
Required supporting materials for final reports submitted within 45 days upon completion of
grant project:
. Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (Le. - all artists payments, separate from
advertising payments) .
. Proof of logo and credit line in project publications and advertisements
. Proof of performance(s), such as programs, brochures and flyers.
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