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Ballet Flamenco La Rosa . j' City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this I day of ~) iJ vc.fl1 ~c.v,-2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and ~6 q \Ie X [=-("1 (y\ e n(O t", 120 '2-~( (Grantee). Article I / Grant description I. Grantee: B<tl\.e\. r:::tRVY'l=.v\~ ~ /?o'5? Address '555 (:"+"'\ -z:,f- City, state, zip ---1't.\o.V'/\~ D~~cfl, t= ( "'5 :31 ~=I Phone, fax, email Mon~ :')0':) io -=t d 0 'S'-s i r:N dyo? 5' (;,'1 0 q 't"-{ ? ~ 2. Grant amount: ~OO~ 50% paid upon execution of this Agreement. 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 II, A and B attached hereto 5. Expenditure deadline: Seotember 30. 200 1 6. Report deadline: No later than 90 days after Project completion. IN WTINESS WHEREOF, the parties hereto have executed this Agreement this dayof HN(/}'hcvo2000. CITY OF M'jEACH GRANTEE! .. B'Z\le~ f'{/liTlCfl "'" l" Ro 5'1 Print Name of Organization Neisen Kasdin, Mayor FederalID# 51'- d"Zty00 '{( BY; 'J: \\6., f20'5-r' AiA Lov( 1=Lx 0-0fj'- Printed, Name of Chainnan,or president." fj, Ju,q ~tX At A 0!e.?<- ~r.wYlf<-(J';<- Signature ArrEST; ~}~~ Robert Parcher, City Clerk (Grantee's Corporate seal) P ta ",-I ~'i ~kl. o hiefFiscal Officer Signature APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1#:i~ /D - 'l-<W I Data BY; '-rl(~~ ;lr:al At-A L-,'v,-:f'(I'.e 0co") . ted Name of Executive ~i~or UoC{~JJ! A~Fl-- 7Le-t< v6v~an")~ ignature , I. I 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 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. AU Grant reeipients 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. I, for providing mentoring to a small to medium arts organization(s) of their choice, supported by the City's Cultural Arts Counoil, either by offering rehearsal space, worldng on collaborative programs, or some similar project with the intent of assistlng such smaller arts organization( s). Miami Beach "Anchors" for 2000/2001 are defined as follows: ArtCenterlSouth 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 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 of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 200 I to receive the second 50"10 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. Prol!l1lm Monitorine 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 Bomline: 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 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 I-50 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 fmancial 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 Belich CultundArts Council logo and the following credit line in all publications related to this Grant: THE QTY OF M1AM1 BEACH. Failure to do so may preclude future grant funding from the City in the sl,lffie manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liability and Indemnification: The Grantee shall indemnifY and hold harmless the City and its officers, employees, agents and instroments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instnlmentaIities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out ot; 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 hanniess 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 occurrence, exceed the sum of$2oo,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!l1ffient: 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 1I-12, 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. Defaultffennination 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 from 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. Induhrence 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 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 A!!reement: 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 Reoresents Total Al!l'llCIIlent: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those cootained 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 ill 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 Graot 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 harriers 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. AU 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 bresch of this Agreement, as provided in Article n - 12 herein. Exhibit 11 Revised Project description Orglmi7Jltion: "5 C( \lrk pi ql11el1.w Project title: L .,.~DC,'i ~)"'...,eYlD" lh.ecJ-ev ~ " i2..., 5'1 'k<<v 'ROOIrJ 0;>, "'.1 .q m.:5 Completely describe Project approved by the Grants Panel and in a separate narrative d~1 the RMsiOllS to .the Project based upon the award. Please be as specific as possible; ~ o~ event, venue, tunes, etc'. Also, ~l the Organizatillll'S participation in Miami Beach Second Thursdays. Miami Beach Anchors should bst specifics about their mentoring program. Ballet Flamenco La Rosa is requesting funding to support onr year-round programming in MilllJli Beach, which includes at least 15 performances, 8 workshops, 450 regular classes, and outreach to the community. July I, 2000 Octolx2- 28, 2000 (7:00 p.m.) January 12, 2000 (8:00 p.m.) January 27,2000 (7:00 p.m.) March 8, 200 I (8:00 p.m.) March 17&18, 2001 (Sat. 7:00 p.m. & StBL 3:00 p.rn.) . May 5, 2001 (7:00 p.m.) .- July 1-23, 2001 July 14,2001 (7:00 p.m.) July 23, 2001 (8:00 p.m.) August, 200 I TIME FRAMES Begin promotion of classes and season. Juerga F1ammca at PAN LecturelDemonslratiem em F1ammco Gui1llr and Singing at PAN Juerga F1ammca at PAN LecturelDemonstration em F1ammco Dance at PAN Pure Flamenco Pt:o:fuuullllce with World PremiEre by Ilisa Rosa! at the Colony Theater . luerga Flamenca at PAN Residency with Manolete Juerga F1ammca at PAN World Premiere of"Herodias" with Guest Artists Manolete Pepe Maya, Felipe Maya, and Pepe Tunenez EvaIuatioo and PllllU1ilfg of next season Project Revisioos 1. Two performances at The Loewe's Hotel Monday, October 23, 2000 Sunday, January 14,2000 2. Two performance for PAN Artists at Work Saturday, November 11,2000 and SlDlday, November 18,2000 at PAN, PerfurmingArts Network 3. Two performances of La Rosa Flamenco Theatre III concert at The Colony Theatre Saturday, March 3, 2001 at 7:00 PM Sunday, March 4, 2001 at 3:00 PM 4. One Flamenco performance on Friday, April 6, 2001 At The TropigaJa-Fountainbleau Hotel 5. Four additiQDa\ perfurmances, lectureldemonstratioos, or workshops at PAN Second Thursday Thursday, November 10, 2lJOO..Free Flamenco Class and Open House at PAN Thursday, December 9, 2000-Free Flamenco Class and Open House at PAN Seeood Thundays January-September, 2001 Free Flamenco Iectureldemoostrations, classes, or perfurmances at various locations lBA . .' Exhibit 2: Revised Project Budget I A. Total Project Budget Q Nameoforganimtion: I3q\\d rW01ento ProJect Title: L.. ;<0'5'1 Fla(J\c.n'o 11ie,,-~ /..-.<< Ro-s,.., "fea... 'f{ov."~ (Jt"',.,,(Y/S Date(s) of Project: t0i'"'\ I) J.. 000 - 5eJ,)-t ~ I> ;;\00 \ Attach a copy of the total Project budget or list cash expenses and cash revenues specifically identified with your program, Project or events. kound off all numbers to the nearest dollar. EXPENSES REVENUES cash in-kind cash in-kind Personnel - artistic '30,000 Admissions 1".,.)00 I Personnel - technical '31000 Contracted services SJOoc Personnel- administration ? oJ 000 . Tuitions 1(J,Ooo Outside artistic fees/services {o,OOO Corporate support tvJoDO , Outside other fees/services <0 Foundation support 1~I()CC! MarketinglPublicity _._~- Individual support 1';,<'85 , Space rental '3,000 Government grants ()'f/ODO , Travel tOO Federal Utilities 0 State 5:\1S" Equipment rental 1000 Office supplies &j 000 Insurance/Security 1000 Other Costs: (ltemlu belDW) Other contributions (ltemlu InIDw) Grant award (.:l.,O<oO Total cash expenses Total In-kind expenses Total project expenses -1.01),'00 ^ / Total cash revenues Total in-kind revenues Total project revenues -'0 f41.!?.. 0 -., (cash + in-kind) (cash + in-kind) / Exhibit 2: Revised Project Budget I B. Grant Award Budget to< P-o~ F\llm"nu> \K~~~ "Icq,.. ,!<"",,,,J. /v"'1lraun 5 : of organization: -0 <t \\-e..-\- I=larneVl <.." Project Title: 1-.. RoS; s) of Project: C;c \ '\ ) ;) 000 - "Sl":pt ~,I ) ~o I ~ions: Identify and itemi~e cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. ;s ) 0 0 {) , .' Personnel - teclmicaJ '1 ) 0 0 C::> Space rental Marketing/Publicity Outsilie other fees Grant Exoeues Personnel- artistic Personnel - administrative Travel (local only) Outside artistic fees Other costs (Itemlu be/(}w) TOTAL ilIIl requirementa: I )00 0 , d- rno c) Id, ,000 .' Grant monies _st be spm/ within budget categories agreed upon in contract All publications associllled with Miami Beech Cultural Arts Council grant support must include the Cily of Miami Beach Cultural Arts CoUOQU's logo and the following byline "City of Miami Beach" Grant rands may Dot be used for: Remuneration ofCily empJoyees fur any services rendered as part ofa project receiving a gt3IIt Iiom the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment ne<lOllSlll)' fur proposed project ~ be purchased if the price Is less than what is would cost to rent the equipment) ',;,,' " " Debt reductlon Out-of..counly travel or tranlIportation Fundraising events Hospllality even13 Events not open to the public ' "