Maximum Dance Company
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City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this ~ day of 0 cfJ,.v- , 2000 between the City of Miami Beach,
Florida, on behalf of the Ci~Of Miami Beach Cultural Arts Council (collectively the City), and
f71Clk1mt/W\ -r-le eo"',/Jr7j (Grantee).
Article I I Grant description
1. Grantee: fY)o..K/I1'WIr\ yc;v,r e COwtf'7'V1 y
Address I d /0 S t.J / S"cf rc.. !-.-o.rJ ~_J
City, state, zip l'1ia.w.,' FL ]3 IS 7
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Phone, fax, email (}{)S);;,'f-q 71 ~ ~ (3G1';,)..z~"i - 3/(00 n~qJ
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""a..k',,(~<e.@ wGI...-!c(.,e+-. <;;ff. "e:+
2. Grant amount: ~ \ () 0 D 50""{' paid upon execution of this Agreement.
Remaining 50""{' paid upon completion of Project, submission and apP"oval offinal 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 H day of O~, 2000.
=01' ~ACII
Neisen Kasdin, Mayor
ATTEST:
~rP~
Robert Parcher, City Clerk
GRANTEE! H1'rk/ I-t ~ I] (y;tJ c,5 Co 'F$J,.J Y
Print Name of Organization
Federal ID # C r::- 6? (j 7'10
(Grantee's Corporate seal)
BY: f")~ Skl"/'~
. ted Name of Ch~fFiscal om
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
BY: tV! f}
Printed Name of Executive Director
tJf JI,
Signature fJ1-
~ /D;J.-<1&
Article III 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 Cuhural 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 categoty, 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 mnst partieipate in Miami Beach Second Thursdays (see Article
lli-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, worlOng 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
Wolfsoman-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 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 ofthe Council with a written report documenting that the Grantee has
fulfilled aU 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 200 I 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 PaYlllent Schedule: The total amount of the Grant is specified in Article 1-2. By making
this Grant, the City assumes no obligation to provide ftnancial support of any type whatever in excess of the totaI 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!l'lllll 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 ofindividuals 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 1-5.
These books, records, and documents may be examined by the Director of the Councilor his designee at the Grantee's
offices during regular business hours and upon ressonable 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 ofMItImi &ach Cultll1'fllArts eoUltcO 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 Sl!ffie manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
9. Liability and Indemnification: The Grantee shall indemnitY and hold harmless the City and its officers,
employees, agents lUId 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 o~ relating to, tJr 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 indemnitY, 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 anyone person which exl:eeds the sum of
$100,000, or any claim or judgment or portions thereo~ 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 ofthe Grantee entity.
10. Assil!l1l1lent: 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 ll-12, below.
11. Comnliance 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 Vll 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 shall have no further obligation
to the Grantee under this Agreement Further, in the event of a breach of any term 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 reimburae 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 he available
to it under the law.
13. Indul~oce 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 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 peJSon
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. 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. ConttllCt Reoresents Total A2reeIllent: This contract, including its special conditions and exhibits, represents
the whole and totaI 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 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 ofMiaml 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 bartiers
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 equa\8CCleSS 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 IT - 12 herein.
Exhibit 1/ Revised Project description
. -
Organization: f;!J..K; 17 <(/1 D /JrJc-e ~f1IM,/ Project title: ff / ~ I t!3ll11c#, (Jc(~ ~
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.
Maximum Dance Company Will begin this project by performing during "First Night Miami Beach," December 31, 2000.
Although we participated in the first First Night in 1998, it was an abbreviated performance with only four company
members present. This year we will perform a program of thirty to forty-five minutes, made up of two or three ballets,
featuring the entire company. This will be performed twice and will be one of the highlight performances for First Night.
These performances will be at the Colony Theater and will be attended by audiences of all ages and economic/ethnic
backgrounds,
On JanuilllY 12, 2001 at the Colony Theater we will present one of our full evening programs, which have never before
been seen on Miami Beach, Our full company of eleven dancers plus guest artists will perform selections from our
repertoire of over forty-six ballets. These ballets have been choreographed by some of the world's best choreographers,
including Mark Morris, Danny Rosseel (the Royal Ballet of Flanders), Val Caniparoli (San Francis<;o Ballet), and Ivonice
Satie (City Ballet of Sao Paolo) representing the best in Contemporary ballet.
We have found through our audience surveys that this type of contemporary ballet appeals to all ages, especially patrons
aged 25 to 45. Our audienCll surveys indicate that they identify With ballets choreographed to contemporary themes. We
plan to offer tickets in the $15 - $20 range, rather than the $30 - $40 range which is our normal ticket price in order to
begin blJilding a loyal, Miami Beach audience.
Concurrently, we will expand our "Dance Recycle" program to include Miami Beach. This is the outreach arm of
Maximum Dance Company, which consists of reaching the underserved community by going into the schools, inviting
various segments of the community to rehearsals, and giving master classes, We will be visiting the schools including
Nautilus Middle School and Miami Beach High School, to demystify the world of dance and explain the differences
between classical, neo-classical and contemporary ballet. These activities will take place between January 2001 and
May 2001.
The final part of this project will be a full series of performances May 11-13; 2001 at the Colony Theater. On Friday, May
11'" 2001 we will invite local students to two da~me performances. On May 12Ut 2001 we will perform a full
repertoire production in the evening, On May 13Ut, 2001 we will provide a heavily discounted matinee for low-income
residents of Miami Beach's neighborhoOds, perhaps with a 'Mother's Day" theme, and include a free ticket component for
100 patrons.
Maximum Dance Company is pleased to announce our participation in Miami Beach Second Thursdays, Maximum has
been accepted to perform at the Colony Theater on May 10", 2001 in a mixed bill program.
We anticipate there will be no changes to our original proposal as a result of reduced funding,
Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization:tlltXllJ~~ ~Q!F C<r7~t Title: /11 ~" 8o"1JC// (fC( ~#
Date(s) of Project: trk/~ ((vlal/ sjh~/~43h/
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.
Other Costs: (Itemize below)
f(1'1/J-cr/€5 !c,ro
))a/c/tfflYCL..oA0iN~~ 00
>>S<l~Cd" k
GsTGII;~ q;k~ 7JU
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
Total cash expenses
Total in-kind expenses
Total project expenses
REVENUES
:if
/3(0
in-kind
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual suppon
Government grants
Federal
State
(;, I/O
W'fo
l&eo
Other contn"butions
{iffU'C44 CIf.s/l-
Grant award
~~o
/000
~J:5. d
(cash + in-kind)
Total cash revenues
Total in-kind revenues
Total project revenues
cash
in-kind
t:
LO::CJ
I<Y:O
(Itemize below)
j6.QO
/'I0c0
~ S-.;lO
/~
\1/3,.(' J<7
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
h ':b C iff/lf/,} r . f3
Name of organization: )(1 h<llJ ~tJ~ t Project Title: !/; 4/11 br;d/ 0 q ;- ~lk'.{f
Date(S)OfProject/.y/~!od / iN)/J -(/;~!ol-h ~/o/
Directions; Identify and itemize cash expenses to be paid from Gl'llnt funds.
Grant awards may only be spent within budget categories declared below.
GraDt EXDenses
Personnel- artistic
I 'food
/
Personnel- technical
Personnel. administrative
Space rental
Travel (local only)
Marketing/Publicity
Outside artistic fees
Outside other fees
Other costs
(lteml1.e below)
<<'
TOTAL l'fcoo
I
Gnmt requirements:
Grant monies IItIfSt be spent within budget C8legories agreed upon in contrnct
All publications associated with Miami Beach Cultural Arts Cuuncil grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
G...nt fUbds may Dot be used for:
RemUllellltion of City employees fur any services rendered as part of a project receiving a gnmt from the
city of Miami Beach Cultural Arts Council
"Bricks and morlar" or permanent equipment (permanent 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.COUIIty travel or transportation
Fundraising events
Hospitality events
Events not open to the public