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Maximum Dance Company/DBA Ballet Gamonet City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2007/08 Cultural Affairs Grant Agreement This Grant Agreement is entered into this ~ day of ,2007, between the City of Miami Beach, Florida (the Cityy and the undersigned Grantee (Grantee . Article I /Grant Description 1. Grantee: Maximum Dance Companyl DBA Ballet Gamonet Grant Contact: David T. Olds Address: 3000 Biscayne Boulevard, Suite 102 City, State, Zip: Miami, FL 33137 Phone, fax, a-mail : 305-259-9775, 305-259-3160, davidolds at7.balletgamonet.org 2. Grant amount: 520,000 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Fina/ Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract deadline: November 2, 2007 6. Expenditure deadline: September 30, 2008 7. Project completion date: 8.~ Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. p- ' l N IT E EREOF, the parties hereto have executed this Agreement this () day of ~ (/ ' , 2007. Da a er, Mayor Signature ~~1~ ttest ~ ~/ ~~~ o STATE OF FLORIDA, COUNTY OF MIAMI- DADE Robert rcher, City Clerk The forego~g inslp,~ment wa3 acknowledged before me seal Signature of Notary Public 2007, by C'~ of of for-pry known tom r has i /> GRANTEE: / C~ V ~ Federal ID #: ~~ D 7 J 3- I ~~ Notary Name: G_I'!/~'+~G~ 4l /~I~ ~~ ~ ~~ ~ OG.I~S_ __w Notary Public, State of Fbrtda BY. ......, ... TO Printed Name of Organization's Authori FORM & LANGUAGE 8~ FOR EXECUTION My Commission Expires:~~',~s• ~~ ~~r . Notary Public State of Fbrida ~ I ~; Andrea D O'Naghten omey ~~ e '~~~P` My Commission D0586278 I~Ah\~ °Ftt Expires 11115/2009 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 City's Cultural Affairs Program Managerorhis 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 (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 Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent ofthe Cultural Affairs Program Managerorhis Designee. Said requests shall be made in advance, in writing, detailing and justifying the need for such changes. 3. Re orts: 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 Managerorhis Designee within 45 days of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2008, must submit their final reports no later than November 15, 2008. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject to the restrictions in Article I-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 Gran# 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. Program Monitoring and Evaluation: The Cultural Affairs Program Managerorhis 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. Accounting and Financial Review. The Grantee must keep accurate and complete books and recorrJs 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 I-5. These books, records, and documents may be examined by the Guttural Affairs Program Managerorhis Designee or his Designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Managerorhis 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 II-12. 2of9 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 ordamages, 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 noway 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 any one person which exceeds the sum of $100,000, or any claim orjudgment 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, and shall be treated as an event of default pursuant to Article II-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laves, 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 ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as iffullyset forth herein. 12. Default/Termination 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 underthis Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City alt 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 afterthe Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request 3of9 in writing from the Guttural 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. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to pertorm 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 I-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, 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 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 Represents 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 III /Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is pertorming a public purpose through the programs, projects, and services recommended forsupport. As such, use of these funds for any program component not meeting this condition will be considered a breach ofthe terms of this Agreement and will allowthe 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. 4of9 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 5of9 Exhibit 1 /Revised Project Description Organization: Maximum Dance Company/ DBA Ballet Gamonet Completely describe Project approved by the Grants Panel and in a separate narrative detail al! 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. Protect description as approved by Grants Panel: Ballet Gamonet will present an entire weekend series at The Colony Theater highlighting new works recently added to the Company's repertoire and a guest choreographer whose work has not yet been presented on Miami Beach. "Ballet Gamonet on the Beach° continues to attract a growing number of Beach residents and visitors to experience the innovative style for which Ballet Gamonet had come to be known. The Colony Theater has been reserved for the weekend of February 2-3, 2008. These pertormances will include a Friday and Saturday night performance and a Sunday matinee. It is our intention to offer affordable general admission tickets with an added discount for Miami Beach residents. Protect description as revised (f applicable) based upon the City Commission approved award Changes to projects awarded under the Artistic Disciplines program must still adhere to the requitement that the work is new or has never before been presented in Miami Beach. None. 6of9 Exhibit 2-A: Project Budget /Revised Total Project Budget Name of organization: Maximum Dance Company/ DBA Ballet Gamonet Date(s) of Project: February 21-24, 2008 Attach a copy of the total Project budget or list cash expenses and cash revenues specificalty 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 35,808 Admissions 12,258 Personnel -technical 3,000 Contracted services Personnel -administration 7,300 Tuitions Outside artistic fees/services 1,000 Corporate support 4,000 6,000 Outside other fees/services 1.000 Foundation support Marketing/Publicity 9.900 6.000 Individual support 39,700 Space rental 8,000 Government grants Travel 100 Federal Utilities 350 State 4,000 Equipment rental 2,500 Office supplies 1,000 Insurance/Security 1,000 Other Costs: (Itemize below) Other Contributions (Itemize below) Point Shoes 2,090 Costumes 1,910 Royalties 2,000 Sets 3.000 City of Miami Beach Grant Award 20,000 Total cash expenses 79,958 Total cash revenues 79,958 Total in-kind expenses 6,000 Total in-kind revenues 6,000 Total project expenses 85,958 Total project revenues 85,958 CASH & IN-KIND CASH 8~ IN-KIND 7of9 Exhibit 2-B: Project Budget /Revised Grant Award Budget Name of organization: Maximum Dance Company/ DBA Ballet Gamonet Date(s) of Project: February 21-24, 2008 Grant Award: $20,000 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 (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel -artistic 20.000 Personnel -technical Outside artistic fees Marketing/Publicity Printing Postage In County Travel Grant requirements Description Amount TOTAL (must equal grant award): 20,000 Grant funds must be spent within budget categories agreed upon in grant agreement. Atl 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, CulturalAffairs Program, Cultura/Arts Council." Allowable Grant Expenditures as Relates to Grant Project: • Artistic and technical fees directty 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 • 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 Equipment Rental Space rental (Performance Related Only) Insurance (Performance Related Only) Total Other Costs (itemize Below) 8of9 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, electricians, 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 • SociaUFundraising 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 (i.e. -all artists payments, separate from advertising payments) • Proof of logo and credit line in project publications and advertisements • Proof of pertormance(s), such as programs, brochures and flyers. 9of9