Athena Daat Fla for Edge Theatr
e'
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agr\leII1ent is entered into this at clay of 'N OJ , 2000 between the City of Miami Beach.
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and
A--TfJC'1/1I- /JA+'T fi"A ~'IJ &-f:)<~ 7J.1-e-A-7n";- (Grantee).
Article I I Grant description
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1.
Grantee:
Address
City, state, zip
Phone, fax, email
2. Grant amount: 3 () t:? 0 .50% paid upon nt1C1ltioll of this Agreement.
Remainillg 50% paid upon completion of Project, submissicll alld approval offillal report.
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibit n, A and B attached hereto
S. Expenditure deadline: $eotember30.2oo1
6. Report deadline: No 1ater than 90 clays after Project completion.
at>
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this" day of ~O\l .2000.
mY OF>DAWrif
1J
Neisen Kasdin, Mayor
GRANTEE! ~.i;A PAA-7 r.:/J. t:"1JIf ~<~
Print Name of ization
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AITEST:
~( PM.~
Rabat Parcher, City Clerk
BY: CAndf- ;:::/{ 'yLJ rolf A-714-t::#4
Print~~!/; President t?.4A-T
Signature ~
(Grantee's COI}lOI'ate seal)
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BY: all.1'1 (p~,41.4.A/~)r Cliff pt;)~1r'
Printed ame of Chief FiSQl\ Officer
ature
,
~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BY:
Printed Name of Executive Director
~ /D;J.-<JP
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 Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically desaibed in the
Project Description attached hereto as Exhibit No.1. AIl expenditures will be subject to the tenus 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 necessaty the Grantee must fonnally request authorization via a letteT to the Director of the Council detailing
and justifying the changes. All Grant reelpients Blust participate in Miami Beach Second Thursdays (see Article
ID-19).
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 Cultural Arts Council, either by offering rehearsal space, working on coIlaborative programs,
or some similar project with the intent of assisting such smaIler arts organization( s).
Miami Beach "Anchors" for 200012001 are defined as foIlows:
ArtCenter/Soutb Florida
Bass Museum of Art
Concert Association of Florida
Jewish MU$etIlIl 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 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 wiII enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfiIled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfiIled 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, 200t.
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 fuumcial 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 Conunission's approval of the award.
5. Prol!rlllll 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 rq>resentatives to observe the ~t 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. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all
receipts and expendit\1nlS 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 col\iunction 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. Publicitv and Credits: The Grantee must include the City ofMItIIIri BacIr Cu/truclArt$ CoUllCillogo 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 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 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
hannless and dermed 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 occurrence, exceed the sum of $200,000 from any and all
pmonal 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 I1-12, 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 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 confonn with any of the
provisions of this Agreement, the Director of the Council may withhold or cancel aU, 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 actuaIly 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 unauthoriud 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 he 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 (l) year.
Grant funds which are to be repaid to the City pUIlluant 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. Indu~nce Will Not be W River of Breach: The indulgence of either party with regard to any breach or failure
to perfonn any provision ofthis Agreement shall not be deemed to constitute a waiver oftbe provision or any portion
of this Agreement 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 DireQtor 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.
IS. Caotions Used in this Al!reement: Captions, as used in this Agreement, are for convenience of referenee 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 Reorc;sents Total Al!I'eeIIIent: This contract, including its special conditions and exhibits, represents
the whole and total agreement of the parties. No representations, exceptthose 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 HI 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$.C. 2000d
et seq.) prohibiting discrimination on the basis ofraee, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinanee 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 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 oonsidered a material breach
of this Agreement, as provided in Article n - 12 herein.
Exhibit 1/ Revised Project description
Organization: 2(Jt: t= 711 tr ..J "7/11 == Project title: f't. A- Y a.: I'll:) 1,If/( r - i)..!
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Completely desl;ribe 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
organizatillll'S participatillll in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
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Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization: ~Oc,G= 7At?A71!"- Project Title: P,-/lY {1 t:-l'I;'J/,t.(/"
Date(s)ofProject: dJ IH vnfoA V _ OCl ',,0' -f (,I Apfl." /0/
Attach a copy of the total project budget or list cash expellSeS and cash rewmues specifically
identified with your program, Project or events. Round off all numbers to the nefJl'eSt dollar.
EXPENSES REVENUES
cash in-kind cash in-Icind
Personnel- artistic / ">"(1 (I Admissions
Personnel- technical Jfo Contracted services
Personnel - administration J'i 00 Tuitions I YOO
Outside artistic feeslservices f'<7D Corporate support
Outside other feeslservices Foundation support
Marketing/Publiclty Individual support
Space rental C ~ ) SttO Government grants
Travel /5"0 Federal
Utilities State
Equipment rental
Office supplies
Insurance/Security
Other Costs: (ltemh;e IHdowJ Other contn'butions (ItMllu HlDw)
Grant award
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Total cash expenses
Total in-kind expenses
Total project expenses
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(cash + in-kind)
Total cash revenues
Total in-kind revenues
Total project revenues
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(cash + in-kind)
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Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization:
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Date(s) of Project: d j
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Project Title:
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Directions: Identify and itemize cash expenses to be paid from Grant funds.
Gl'lUIt aW8Jds may otily be spent within budget categories declared below.
GraDt Eme---
Petsonnel- artistic
) 5'0 (l
Ttavel (local only)
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Personnel-1eClInical
Space rental
~ub\icity
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"5""""0 t?
Personnel. administrative
Outside artistic fees
Outside other fees
Other costs
(1-- behnv)
TOTAL
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GnlIIt nlquirements:
GrIInt mOllies ~ b,.". wilhin budg1lt categories agreed upon in contract
AU public:aliobs associ8led wiIh Miami Ikach Cultural Arts Couneil grant support mUSl include the City
ofMillmi IlIl8Ch Cultural Arts CoolIcll's logQ and the following byline "City of Mknnt Bem:h"
GraDt fIIllds ..ay not be aNd I'rr.
RemlJllel'lllion ofCiIy \lIlIP~ for any lMlfViees rendered as pan of a plOjl!Qt nceimg a grant tom die
City of Miami Beach CuItunII Arts Council
"Bricks and monarO or permmed equipment (perm8IlfIlt equipment IleCeS$Il'y for proposed project nlllY
be pW'chased if the price is \ess than what is would &lOSt to renr the equipment)
Debt reduction
OIlt~trawl orl1'8lloponation
Fundraisiog MIIIls
Hosphality eWlIIlI
Events not open to the public
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