Performing Arts Academy SB
."
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this :;'0 day oJ>e ct'M-btv, 2000 between the City of Miami Beach,
FloridlJ: on ~ the ~f Miami Beach Cultural Arts Council (collectively the City), and
t=>erhrMl Ire. 1 of ~PL (Grantee),
Article I / Grant description
1.
Grantee:
Address
City, state, zip
Phone, fax, email
Performing Arts Academy of South FL
4101 Pine Tree Drive #1703
Miami Beach. FL 33140
(3051 532-7311 F(305) 532-3088
MbKidcop@aol.com
2. Grant amount: <J; 4. nnn 5()oA, paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project. submission and approval affinal report,
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibit II, A and B attached hereto
5, Expenditure deadline: Seotember 30. 2001
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this c9lJ day of kC.2000.
CITY 0' 1L~
A:
GRANTEWPerforminq Arts Academy
Print Name of Organization
Federa1ID# 65-0715198
Robert Parcher, City Clerk
BY: n" 1>"",, 1 n Sh""f>
Printed Name of Chainnan or President
~dU1 ~~<::::>
Signature
(Grantee's Corporate seal)
BY: Ira Nusbaum
Printed Name ofChi~er
;::::--,'--::-At; ~~ .
Signature
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
BY: Maria L.
Printed Name,d"EK
(
AA)/A1AtII'_ tD~'l~
~ DoN
Signature
Article II I General conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility
of administering this Grant to the Executive Director of the City of Miami Beach Cultural Arts Counci~ or his designee,
who shall be referred to herein as the "Director of the Council..
2. Proiect Descriotion: 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 Line Item Budget, or with changes not to exceed ten percent (l0%) per categoty, so long
as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are
absolutely necessalY the Grantee must fonnally request authorization via a letter to the Director of the Council detailing
and justifying the changes. All Grant recipients must participate in Miami Beach Second Thlll'Sdays (see Article
III-I9).
The following City of Miami Beach" Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice,
supported by the City's Cultll1'lll Arts Council, either by offering rehearsal space, worldng on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s).
Miami Beach "Anchors" for 200012001 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
WolfSonian-FnJ
Failure to include the above infonnation may result in the cancellation of tile Grantee's award, and may disqualify it
from future consideration from the City's Cultural Arts Grant Program.
3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50"10 of
their Grant award, with fmal reports due at the completion of the City's fiscal year on September 30, 2001.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2. By making
this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant
amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee
subsequent to the Mayor and City Commission's approval of the award.
5. Prol!raIll Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of
operations and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing
to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds.
7. Accountinl! and Financial Review: The Grantee must keep accurate and complete books and records of all
receipts and expenditures of Grant funds, in confonnance with reasonable accounting standards. These books and
records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as
vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and
in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5.
These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, all the 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 Mitl1nl Beach Cu/tlIIYll Arts COlUlcillogo and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may
preclude future grant funding from the City in the Sl!Jlle manner as if Grantee defaulted under this Agreement, pursuant
to Article IT - 12, below.
9. Liability and Indemnification: The Grantee shall indenmifY and hold hannless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out oJ: 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
hannless and defmed 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 oocurrence, 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. Assil!l1D1ent: The Grantee is not pennitted to assign this Grant, and any purported assignment will be void,
and shall be treated as an event of default pursuant to Article IT-I 2, below.
II. ComDliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State,
County and City laws, including but not limited to Miami-Dade County's Ordinance No. 72-82 (Miami-Dade County's
Conflict of Interest and Code of Ethics Ordinance) as amended, which is incorporated herein by reference as if fully
set forth herein, 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. Defaultffermination Provisions: In the event the Grantee shall fail to materially confonn with any of the
provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the
Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation
to the Grantee under this Agreement Further, in the event of a breach of any tenn or condition of this Agreement, upon
five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City 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 ftom
the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (I) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida.
These provisions do not waive or preclude, the City from pursuing any other remedies that may be available
to it under the law.
13. IndullZCocc Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn any provision of this Agreement shall not be @fied to constitute a waiver of the provision or any portion
of this At9eeulllht either at the time of the breach offailure 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-I of this Agreement,
and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach
Cultuml Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33 I 39- 1819.
IS. Captions Used in this ~t: Captions, as used in this Agreement, are for convenience of reference only
and should not be@fied or construed as in any way limiting or extending the language or provisions to which such
captions may refer.
16. Contract RCJlI'IlSCOts Total Aereement: 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 constroing 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 ill I Miscellaneous provisions
17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee
is perfonning 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.
19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural
open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the
City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of
participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach
of this Agreement, as provided in Article II- 12 herein.
Exhibit 11 Revised Project description
Organization: Performing Arts Academy Project title: Arts Feed the Soul
Co~pletely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
PrOject based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also detail the
organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list sp~ifics about
their mentoring program.
The Academy will provide Art classes for youth ages 8-21.
Classes will include: Choir, Music theory, Piano, Percussion,
Violin , Orchestra, Classical guitar and recording studio
technology. These classes are offered on Saturdays at Miami
BeaCH Senior High School from 9:00 AM util 2:00PM.
Each apprentice Artist will enter the recording studio
to tape his musical IArtistic progress. At the end of each
semester , apprentice artist will perform in a free pUblic
recital at the Miami Beach Senior High auditoruim. The December
recital will be held December 16th, 10am-2pm with a lunch time
intermission. In addition, the Academy will participate in five
Miami Beach Second Thursdays. The Academy will host Guest Artis~
featuring different musical genres on the following dates
November 9, December 14, January 11, Febuary 8 and March 8. M6st
performaces will be held at the Miami Beach Botanical ~ens
between 7PM and 9PM .
Exhibit 2: Revised Project Budget I A. Total Project Budget
Performing
Name of organization:Arts Academy
Project Title: Arts feed the Soul
Date(s) of Project: October 2000-September 2001
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
Personnel - artistic
Personnel- technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
MarketinglPublicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Total cash expenses
Total in-kind expenses
Total project expenses
cash in-kind
28.496
5,256
7.500
?ooo
900
(Itemize below)
44,152
19,300
h' 4<;?
.
(cash + in.kind)
REVENUES
cash
in-kind
Admissions
Contracted services
Tuitions
Corporate support
Foundation support 40 . 852 1, 400
Individual support
Government grants 1 7 , :1 0 0
Federal
State
500
16,000
1.200
1.e::nQ
Other contributions
(Itemize below)
Grant award
4,000
Total cash revenues
44,852
Total in.kind revenues 1 R , 6 0 0
Total project revenues 6 ' 4 <; ?
.
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Performing
Nameoforganixationi\.rts Academy
Project Title: Arts feed the Soul
Date(s) of Project: October 2000-September 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Exueuses
Personnel- artistic
2,000
Personnel- technical
Personnel - administrative
Space rental
Travel (local only)
Marketing/Publicity
Outside artistic fees
Outside other fees
Other costs
(ltmrl1.e below)
Pl\ rent..'
2,000
TOTAL 4,000
Grant requirements:
Grant monies fIIIISl be spent within budget categories agreed upon in contract
All publications Msociated with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant funds may Dot be used for:
Remuneration of City employees fur 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 (pennanent 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
Hospi1ality events
Events not open to the public