Florida Grand Opera, Inc.
MIAMI BEACH
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 City) and the undersigned Grantee (Grantee).
Article I /Grant Description
1. Grantee: Florida Grand Opera, Inc.
Grant Contact: Shannon Faison
Address: 1200 Coral Way
City, State, Zip: Miami, FL 33145
Phone, fax, a-mail : 954-728-9700, 954-728-9702, sfaisonCa~fgo.orq
2. Grant amount: $20,000 50% paid upon execution of this Agreement. Remaining 50% paid
upon completion of Project and submission and approval of Final 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: Mav 31.2008
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WI TNESS WHEREOF
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Jerry Libbin
'Vice-Mayor
Robert Parcher, City Clerk
GRANTEE:
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
this 25 day of October 2007, by Richard Freshwater of
Florida Grand Opera anot-for-profit corporation. He/She
is personally known to me or has produced
as identification.
Signature of Notary Public
Notary Name: Patsy Vanderhoof
Notary Public, State of Florida tµr P
FederallD#: 65-0496477 ~°%'~'~' PAt8YJ.1t,~NDERl100F
* * M1' COMAl16SI0N~ p0 51t507
BY: Richard Freshwater APPRO`.~ED AS TO ~"~ ~, ~ ~Y ~, ~tp
Printed Name of Organization's Authorized Representati epRM & I!lj~n Expires: o~~. ~9et~ry~ces
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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 Manager or
his Designee.
2. Project 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 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. 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, 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 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. Program Monitoring 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 toobserve 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
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 I-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
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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.
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 any one
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, 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 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. 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
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.
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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 underthe control ofthe 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 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 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 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 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
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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.
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, City of Miami Beach AND Florida Grand Opera, Inc.
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 /Revised Project Description
Organization: Florida Grand Opera, Inc.
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 by Grants Panel:
Through the "Bringing Opera to the Beach!" project, Florida Grand Opera (FGO) will
make opera accessible and enticing by presenting quality artistic and educational
programming to the diverse residents and visitors of Miami Beach. The comprehensive
project is comprised of three (3) Miami Beach programs:
1) Young Artist Art Song Series at The Arts at St. Johns - up to 2 performances
2) Young Artist Music Recital at the Wolfsonian -Florida International University, and
3) Young Artist Opera at Lincoln Theatre
All of the programs included in the 2007-08 "Bringing Opera to the Beach!" project will
feature members of FGO's renowned Young Artist Studio. Begun in 1984, FGO's Young
Artist Studio is one of the leading operatic training programs in the nation. The Studio is
designed to provide the skills and experiences needed by young singers to move from their
studies at universities and music conservatories into successful careers in professional
opera. The primary objective of FGO's Young Artist Studio is to provide its members with
extensive performance opportunities through which invaluable stage experience is gained.
Each season, more than seven hundred (700) applicants audition for only eight (8) coveted
openings in the program.
To date, all eight (8) Young Artists have been offered positions in next season's Studio.
FGO can reasonably determine that the vocal/musical make-up of the 8-member Studio will
remain similar to past and current seasons:
1 soprano 2 baritone
2 mezzo-sopranos 1 bass, and
2 tenors
In early-Spring 2008, Florida Grand Opera (FGO) will present its annual Young Artist Art
Song Series in Miami Beach. In years past, these recitals have taken place at Miami Beach
religious institutions, including, most recently, The Arts at St. Johns on Pine Tree Drive. For
the upcoming season, FGO will likely return to this venue for its Miami Beach recitals.
FGO's Young Artist Art Song Series tours from February through May. By bringing the
Series to Miami Beach, hundreds of residents and visitors will be offered the opportunity to
enjoy selection from the all too rarely performed art song repertoire.
See attached - Proiect description as approved by Grants Panel (continued)
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Project description as approved by Grants Panel (continued)
The uniqueness of the Young Artist Art Song Series continues to appeal to South
Florida's increasingly diverse community. Each recital features up to three (3) Young Artists
accompanied by an apprentice coach and is offered free of charge to the public. Funding
received through the City of Miami Beach for the Opera's "Bring Opera to the
Beach!" project will support up to two (2) Young Artist Art Song Recitals to be held in
Miami Beach.
The second program included in the comprehensive "Bringing Opera to the Beach!"
project will be the Young Artist Recital at the Wolfsonian -Florida International
University. While the date for the 2007-08 Young Artist Recital at the Wolfsonian has
not yet been determined, it is likely that the event will take place in late-Winter 2007. This
specially prepared program of music generally corresponds with either a current FGO
production or a Wolfsonian exhibit.
For the current 2006-07 "Bringing Opera to the Beach!," FGO hosted two (2) events at
the Wolfsonian, including a Young Artist Art Song Recital and a Anna Karenina Film
Retrospective. The Anna Karenina Film Retrospective took place on April 13, 2007 and
was a component of the comprehensive Anna Karenina Festival, a `festival of outreach
events' designed to attract and engage new audiences to the FGO World Premiere of David
Carlson's Anna Karenina.
Finally, in May 2008, FGO will present its final Young Artist program of its 66th Season, the
6th Annual Young Artist Opera at the historic Lincoln Theatre in Miami Beach. The 2008
Young Artist Opera will represent a departure from the Opera's traditional "showcase" of
staged scenes, costumes and props, and piano accompaniment. The event will, instead, be
a glorious gala performance complete with full orchestra accompaniment.
The Opera's Young Artist Opera (formerly, the Young Artist Showcase), an event that
has gained considerable popularity with members of local community, will represent the
culmination of the Young Artists' eight-month experience at FGO's Young Artist Studio.
Following the performance at Lincoln Theatre, two hundred (200) Miami Beach residents
and visitors will be invited to attend atropical-themed gala dinner held at a local Miami
Beach establishment.
For many audience members, the Young Artist Opera will be their first live encounter with
an opera performance. FGO has worked hard to differentiate between this event and our
mainstage performances. Casual dress is encouraged and ticket prices are intentionally
low to make this event both fun and affordable. Hosting the Young Artist Opera in an
eclectic and inviting venue, such as the Lincoln Theatre, has proven to be an effective and
exciting method of introducing new audience members to the art form and cultivating their
interest in opera.
The musical programs for all three (3) events comprising the "Bringing Opera to the
Beach!" project are new works that have never before been presented in Miami Beach.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that
the work is new or has never before been presented in Miami Beach.
Florida Grand Opera's (FGO) comprehensive 2007-08 "Bringing Opera to the Beach!" has
been expanded upon since the original application was submitted to the City. In addition, a
number of performance dates and musical programs that, at the time of submission, were
undetermined, have since been decided upon and finalized.
The Young Artist Recital at the Wolfsonian -Florida International University will take place
on November 8, 2007 at 7:00 p.m. and will feature a Young Artist recital to include music by
German composers between 1920 and 1938. The recitals will correspond with the Wolfsonian's
exhibition, AGITATED IMAGES: JOHN HEARTFIELD & GERMAN PHOTOMONTAGE, 1920-
1938. The exhibit will showcase the flourishing music scene in Berlin before World War II, when
Nazi censorship ruined the careers of many German musicians.
The Young Artist Recital at Arts at St. John's will be entitled "Reflections on War" and will
feature popular 21St century wartime songs. All eight (8) members of FGO's Young Artist Studio
will perform along with Pedro Yanez, piano accompanist. The recital will take place in March
2008 (date and time TBD).
In addition, FGO has added three (3) additional Miami Beach events to its 2007-08 "Bringing
Opera to the Beach!" Program to be held at the Miami Beach Community Church (Lincoln Mall):
1) Two (2) Young Artist Art Song Recitals, and
2) One (1) Young Artist performance and lecture
The January 20, 2008 Young Artist Art Song Recital will feature Young Artists Elise
Quagliata, mezzo-soprano and Tom Corbeil, bass. Pedro Yanez will accompany on the piano.
The recital will take place at 3:00 p.m.
The March 9, 2008 Young Artist Art Song Recital will feature Young Artist Sidney Outlaw,
baritone and piano accompanist, Pedro Yanez. The recital will take place at 3:00 p.m.
On November 11, 2007 at 3:00 p.m., Maestro Stewart Robertson, FGO's Music Director,
will give a thoughtful and engaging lecture on Cosi fan tune, Mozart's charming opera which
opens FGO's 67th Season. Members of the Young Artist Studio will perform selections from
the opera.
Finally, the venue for the Young Artist Opera, to take place on May 16, 2008, has been
changed to the Colony Theatre in Miami Beach.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Florida Grand Opera, Inc.
Date(s) of Project: October 1, 2007 - Mav 31, 2008
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 40,611
Personnel -technical 1,775
Personnel -administration 15,731
Outside artistic fees/services 6,000
Outside other fees/services 10,100
Marketing/Publicity 15,000
Space rental 1,300
Travel 2,225
Utilities 0
Equipment rental 5,000
Office supplies ~suppnesimater~ais> 950
Insurance/Security 0
Other Costs:
Postage/Printing
Equip. Purchase
Costume Purch./
Royalties
Scenery /Props
Miscellaneous
(Itemize below)
7,230
1,500
Rental 5,000
8,000
5,000
1,240
REVENUES
CASH IN-KIND
Admissions 7,500
Contracted services
Tuitions
Corporate support 15,000
Foundation support 30,000
Individual support 49,162
Government grants 5,000
Federal
State
Other Contributions (Itemize below)
Total cash expenses 126.662
Total in-kind expenses 0
Total project expenses 126.662
CASH 8~ IN-KIND
City of Miami Beach Grant Award 20,000
Total cash revenues 126,662
Total in-kind revenues 0
Total project revenues 126,662
CASH 8ti IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Florida Grand Opera, Inc.
Date(s) of Project: October 1, 2007 - May 31, 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 15,000 Equipment Rental
Personnel -technical Space rental (Performance
Related Only)
Outside artistic fees Insurance (Performance
Related Only)
Marketing/Publicity 5,000 Total Other Costs (itemize
Below)
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.
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, Cultural Affairs Program, Cultural Arts Council. "
Allowable Grant Expenditures as Relates to Grant Project:
• 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
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
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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
• Social/Fundraising 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 performance(s), such as programs, brochures and flyers.
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