Florida Grand Opera
I.
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 20th day of November ,2000 between the Cily of Miami Beach,
Florida, on behalf of the Cily of Miami Beach Cultural Arts Council (collectively the Cily), and
Florida Grand Opera (Grantee).
1.
Grantee:
Address
Cily, state, zip
Phone, fax, email
Article I I Grant description
Florida Grand Opera
1200 Coral Wav
Miami, FL 33145-2980
305-854-1643 / 305-856-1042 (fax)
chardcastle@fgo.org
2. Grant amount: .-111 000 50% paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project, submission and appraval affinal report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibit n, A and B attached hereto
S. Expenditure deadline: Seotember 30. 200 1
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 20th day of NO"f'mhf'Y, 2000.
CrIYOF i BEACH
elsen Kasdm. Mayor
~d rtU~
Robert Parcher, Cily Clerk
(Grantee's Corporate seal)
G~EEI Florida Grand OperA
Print Name of Organization
FederalID # 65-0496477
Her on
hainnan or President
BY:Freda Gimpel
Printed Name of Chief Fiscal Offi~r
S~~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~i~o:nlf;--
!-D~'l~
00t8
BY:Robert M. Heuer
Printed Name of Executive Director
~ "',~
Signature
'.
Article III General conditions
I. 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 Council, 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. I. 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 (10%) per category, so long
as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are
absolutely necessary 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 Thursdays (see Article
ID-19).
The following City of Miami Beach "'Anchors>> are required to provide specific information in their Project Description,
attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, working 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
Miatni City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualify it
from future consideration from the City's Cultural Arts Grant Program.
3. Reports: 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 ofthe Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of
their Grant award, with final 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 fmancial support of any type whatever in excess of the tolll1 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 ofthe award.
5. Program 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 he 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. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of an
receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and
records, as wen as all documents pertaining to payments received and made in cOIijunction 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) Ye<U"S 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. Furthermore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, an the [mancial 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 BellM Cultll1'tll Arts COllllCillogo 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!ffie manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
9. Liabilitv and Indemnification: The Grantee shall indemnitY 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 appenate 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 indemnitY, 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 shan only be to the extent and within the limitations of
Section 768.28 Florida Statute, subject to the provisions ofthat Statute whereby the Grantee entity shan 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 an
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!llll1ent: 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 11-12, below.
11. 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 vn 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 conform 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 shan 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 an portions
of the Grant which have been received by the Grantee, but which have not actuany 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 connnitted but not expended, the Grantee must request in writing from
the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
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. Indumence 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 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 m:eipt 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
Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this ~: 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 R~ents Total AllI'eell\ent: 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 I Miscellaneous provisions
17. The Grant awarded herein is the result of an exteIl$ive 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 tenns 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 D.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 baniers
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 opportooity
and services without discrimination on the basis of any disability.
19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cultural
open house on the second Thursday of every month. Free arts events will be held at muhiple 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 n - 12 herein.
Exhibit 1/ Revised Project description
Organization:
F1QriQ~ r-r~un Opera
Project title: "Rri ngi ng C"lpPr" t.o the Beach
Completely 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 specifics about
their mentoring program.
. In-School Opera- November 2000 - performances held at both Miami Beach High & Nautilus
Middle School - The In-School Opera production will include full sets, lighting and costumes and
production values of the highest caliber. Printed study guides will be distributed to the school's
teaching staff, prior to every performance in order to prepare the students and teachers for the
production and to incorporate other aspects of their studies into the opera experience. After each
performance, students will participate in a Question and Answer session with the Young Artists. The
In-School Opera provides students with an important encounter with one ofthe world's oldest art
forms and for many students it is their first encounter with opera and the performing arts.
. Young Artist Opera- April 2001 (2 performances, exact dates to be determined) at the Colony
Theatre on Lincoln Road - At the end of each season, Florida Grand Opera presents a fully staged
Young Artist Opera, produced and performed by participants in the Young Artist Studio. The opera
planned for this season's finale of the Young Artist Studio is Beatrice et Benedict by Hector Berlioz,
based on Williams Shakespeare's comedy Much Ado about Nothing.
. Opera Previews- April 2001 at the Colony Theatre on Lincoln Road-
Before each performance of Beatrice et Benedict, Florida Grand Opera's Justin Moss will offer an
informative and entertaining preview which will touch upon the opera's history, plot, characters and
singers. These previews are complimentary to all ticket holders and begin an hour before curtain.
. Art and Music Recital- The Art and Music series is part of our ongoing community outreach
efforts. The recital will focus on Katya Kabanova, which will be playing as part of our mainstage
season during the latter part of April. Plans are underway for this event to take place at the Bass
museum &The Wolfsonian. There will be performances by members ofFGO's Young Artist
Program, a brief preview of the upcoming opera & a brief lecture on the museum's current exhibit.
. Katya Kabanova Opera Festival- Marcb 2001- Plans for a Katya Kabanova Opera Festival are
underway. The festival will take place during March of2001, in conjunction with our mainstage
production of Katya Kabanova. Events are being planned throughout South Florida, including
lectures, art exhibits, recitals, previews, film showings, a gala event and more, some of which will be
held at and produced with Miami Beach business and organizations.
Florida Grand Opera will provide members of the Young Artist Studio to perform during one or more
of the Arts Night of the Beach events, as appropriate and as their schedule permits during the Opera
season.
1
Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization: l'lnrin" r.r"nn npO'",.. Project Title: B~;n~in~ I1p>r" !-n !-hp _""h It:'
Date(s) of Project:
Nov. 2000 - May 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 REVENUES
cash in-kind cash in-kind
Personnel - artistic 43,500 Admissions 6,500
Personnel - technical 8,000 Contracted services
Personnel- administration 6,000 Tuitions
Outside artistic fees/services Corporate support 10,000
Outside other fees/services Foundation support
MarketinglPublicity 3.500 Individual suppon 49."inO
Space rental 5.000 Government grants
Travel Federal
Utilities State
Equipment rental
Office supplies
Insurance/Security
Other Costs: (Itemize below) Other contributions (Itemize below)
S~nf:l"'Y ,,"inn
~ti':!ogP ~11pp' ; ~!:::::! ,.non
Music Rental 2,500
Grant award
9.000
Total cash revenues 7"i . non
Total in-kind revenues
Total project revenues 7"i. nnn
(cash + in-kind)
Total cash expenses
Total in-kind expenses
Total project expenses
75,000
75.000
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization: Florida Grand Opera Project Title: Brinqinq Opera to the Beach
Date(s) of Project: Nav. 2000 - Mav 2001
Directions: IdentifY and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grallt Exoe_
Personnel- artistic
4.500
Personnel- technical 1 . 000
Personnel- administrative
Space rental 2 . 000
MarketinglPublicity 1,500
Travel (local only)
Outside artistic fees
Outside other fees
Other costs
(Itemke belQw)
TOTAL 9,000
Grant requirements:
Grant monies _st be spent within budget categories agreed upon in contract
All publications associated 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 fuods may not be used for:
Remuneratioo ofClly employees fur any services rendered as part of a project receiving a grant ftom the
C~ of Miami Beach Cultural Arts COWlCiI
"Bricks and mortar" or permanent equipment (permanent equipment necessary fur 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
Hospltal~ events
Events not open to the public