Colony Theatre/Concert Assoc.
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City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
1.
Grantee:
Address
City, state, zip
Phone, fax, email
Article I I Grant descri
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2. Grant amount: .J 7000 50% paid upon execution of this Agreement.
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Remaining 50% paid upon completion of Project, submission and approval offinal report.
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibit IT, A and B attached hereto
5. Expenditure deadline: September 30. 2001
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of J>e(e~ 2000.
CITY OF MIAMI BEACH
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ATfEST:
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Robert Parcher, City Clerk
GRANTEFJ fJ)/()~7h~E ~&NC#-J..I
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BY:
Printed Name of Chainnan or President
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(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Article II I 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 ofthe City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Descrintion: 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 fonna\ly 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
ill-I 9).
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 mentoringto a small to medium arts organization(s) of their choice,
supported by the City's Cultural 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-FIU
Failure to include the above infonnation may result in the cancellation ofthe 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 of the 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 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. Proe.ram 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.
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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 cOluunction 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) y~ 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 MIa1rri Beach Cultlll'tll Arts CouncU logo 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 s;;une marmer as if Grantee defaulted under this Agreement, pursuant
to Article I1- 12, below.
9. Liabilitv and Indemnification: The Grantee shall indemnifY and hold hannless the City and its officers,
employees, agents and instnnnents from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents and instnllnentalities may incur as a result of claims, demands,
suits, causes of actions or proceeding; of any kind or nature arising out ot; relating to, or resulting from the perfonnance
if this Agreement by the Grantee or its employees, agents, servants, partners, principals or suboontractors, 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 proceeding;, 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 injwy 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 injwy 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!llIl\ent: 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 II-12, below.
11. Comoliance 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 teon 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.
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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 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. Indulgence 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 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
Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this AgreenteQt: 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 Rqlf!,sents 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 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 In I 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 opportWlity
and services without discrimination on the basis of any disability.
19. All Grant recipients must particlpate 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 muhiple locations throoghout 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 1/ Revised Project description
Organization: COl1cert Association on Behalf of the Colom. Theatre. Project title: 2nd Thursda\" Colom.
Completely describe Project appro\"ed by the Grants Panel and in a separate narrative detail the revisiol1s
to the Pr~ject based upon the award. Please be as specific as possible: l1ame of event. venue. and times.
ctc. Also. detail the organizatiol1's participation in Miami Beach Second 171llrsdays.
The proposed project to the Miami Beach Cultural Arts Coul1cil would offer the Colony Theatre as a
venue for "Arts Night 011 the Beach". We would make the Colony Theatre available for six (6) different
Arts Nights. for local arts groups al1d presel1ters to showcase their talents. Arts groups call be from
al1y".here in South Florida. bul preference ,,"ill be given to groups who are supported by the Miami Dade
Cultural Affairs Council and Miami Beach Cultural Arts Coul1cil. We will offer at no charge the facility.
insural1ce. ushers. maintel1ance al1d a limited number of technicians to work with the Arts Groups ill
presenting their productiol1s.
The project ineluded a marketing initiative that would bring back the Colony Calendar as a Monthly Poster
for the Sho,,"cases at the Colony Theatre. The Calel1dar would list all event happel1ing at the Colony
Theatre thaI mOl1th al1d give specific reference to events related to 2nd Thursday Miami Beach.
The revision that we are making to our program based on our award is mil1imal. We now will be making
the Colol1\" Theatre available for five weeks rather than six. This will not cause the Colonv Theater to be
"Dark" ou" allY 2nd Thursday's as we have booked participating groups on each night. Also. originally we
propose to have "Theme Nights" such as a "Evening of Dance". "Night of Film" etc. We have discovered
due to each group's previous commitments it will be easier to program the 2nd Thursdays if we mix
disciplines. We are 110 longer proposing "Theme Nights" and ".i11 be programming each night with two
different disciplil1e arts groups that will compliment each other any create an excitil1g evel1il1g.
We still plal1to launch a marketil1g initiative al1d create a Colony Calendar for the Marquee's outside the
Colol1Y Theatre al1d will place ads ill local Newspapers. as budget will allow.
. 2nd Thursday <":olony
November 9"
"TigertAil Productions!
Wolfson Media Center
Detemher 14'h
C. A. fo'. (FlU Music F-nsemble )/ SoRe Gay Men's Chorus /
Wolfson Media Center
March 8"
"Miami Light Project
April 12th
Momentum Dance / C.A.F (Siempre Flamenco)
Wolfson Media Center
May to'h
Maximum DlInc. I T.B.D.
June 14"
Florida Dance Fe$tival! Teatro Avanti
Wolfson Media Center
I July 12'h
Dance Now Ensemble! T.B.D.
The Wolfson Media Center will be an ongoing installation ofvideo images reflecting the
growth of Miami Belich. Video presentations will be either set up in the lobby of the Colony
Theater or projeded onlo the exterior of the building.
. Techniclll assistance only.
. "All programming is subject to chAlIge.
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Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization: Colony Theat:re/concerMMonM~ion of Florida
2nd Thursday's
Date(s) of Project:
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 Admissions
Personnel - technical 4.225 Contracted services
Personnel - administration Tuitions
Outside artistic fees/services Corporate support
Outside other fees/services Foundation support
MarketinglPublicity 2.975 Individual support
Space rental 3.700 Government grants 7.500
Travel Federal
Utilities State
Equipment rental 2.350
Office supplies
Insurance/Security 1.250
Other Costs: (Itemize below) Other contributions (Itemize below)
Grant award
7.000
Total cash expenses
Total in-kind expenses
Total project expenses
14.500
Total cash revenues 14.500
Total in-kind revenues
Total project revenues 14 .500
(cash + in-kind)
14.500
(cash + in-kind)
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Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization: Colony Theatre I Conc~eA"AHE:iation of Florida
2nd Thursday's
Date(s) of Project:
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
GraDt EXoeDSeS
Personnel - artistic
Personnel- technical 2 . 112
Personnel. administrative
Space rental 1 .850
Travel (local only)
MarketinglPublicity
Outside artistic fees
Outside other fees
Other costs
(Ittmlze below)
Insurance
1.250
Equipment Rental
1.788
TOTAL 7 .000
Grant requirements:
Grant monies "",at b~ spot wilbin budget categories agreed upon in contract
All publications associllled with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Coltural Arts Council's logo 8Dd lbe following byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City emp~ for any services rendered as part of a project receiving a gr8Dt from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennanent equipmenl necessary for proposed project may
be purchased if the price is less than what is would cost to rent lbe equipment)
Debt reduction
Out-of-county travel or lI'8DSportation
Fundraising events
Hospitality events
Events not open to lbe public