Miami Light Project Inc.
City of Miami Beach Cultural Ads Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 30th day of October, 2000 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and
Miami Light Proi ect, Inc. (Grantee).
Article I / Grant description
1.
Grantee:
Address
City, state, zip
Phone, fax, email
Miami Light Project, Inc.
3000 Biscayne Blvd., Suite 100
Miami, FL 33137-4130
305-576-4350/305-576-6480/rkjelgaard@miamilightproject.
com
2. Grant amount: $ 1 4 . 0 0 0 50"Ai paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project, submission and approval affinal report.
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibit n, A and B attached hereto
5, Expenditure deadline: Seatemher 30, 2001
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 30thdayof october, 2000.
CITY OF MIAMI BEACH
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ATTEST:
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Robert Parcher, City Clerk
GRANTEW Miami Light Project, Inc.
Print Name of Organization
FederalID# 65-0107810
ident
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& fCREXECUnON
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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 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 authori7ation via a letter to the Director of the Council detailing
and justifYing the changes. AU Grant recipients must participate in Miami Beach Second Thursdays (see Article
I11-19).
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 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
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 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 ofthe award.
5. PrOl!f8lll Monitorin!! and Evaluation: The Director of the Council may monitor and conduct an evaluation of
opemtions and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and opemtions, or to discuss the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bondin!!: 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. Accountinl! 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) ye<lfS 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 fmancial records ofthe Grantee, whether or not
purported to be related to this Grant.
8. Publicitv and Credits: The Grantee must include the City of Miami Betlch Cu/ttmll Arts Council 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!Jlle manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
9. Liability 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 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 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 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 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!l1l1\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 n-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. 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 unauthori:red 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 conunitted 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. Indu~ence 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 ofthe breach of failure occurs or "t 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 1- 1 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- 1 819.
15. Cautions 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 Renresents Total AllreCIIlent: 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 tenns. 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 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 win 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 oft 964 (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 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 cultural
open house on the second Thursday of evei)' 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
ofthis Agreement, as provided in Article IT - 12 herein.
Exhibit 1/ Revised Project description
Organization: Miami Liqht proi ect. rncProject title: MLP' s 2000-2001 Season
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.
APPROVED PROJECT
Miami Light Project will utilize funding support from the Miami Beach Cultural Arts Council for its
Miami Beach-based programming for the 2000-2001 season, including the 12'h Annual
Contemporary Performance Series, Matinee Series and Come Out Laughing.
Proposed events included:
1) NINA SIMONE - November 8th, 2000 - Jackie Gleason Theater - Miami Beach
2) CHICO BUARQUE - November TBA, 2000 - Jackie Gleason Theater - Miami Beach
3) PAT GRANEY DANCE COMPANY - March 9th & 10th, 2001 - Colony Theatre - Miami
Beach (2ndTH activity March 8th, Matinee and Q&A on March 9th, Meet the Artists
reception on March 10th)
4) RENNIE HARRIS PUREMOVEMENT - April 6th & 7th, 2001 - Colony Theatre - Miami
Beach (Matinee and Q&A on April 6th, Meet the Artists reception on April 7th) .
5) PHILLIP GLASS & FODAY MUSA SUSO - May 11th & 12th, 2001 - Lincoln Theatre-
Miami Beach (Matinee and Q&A on May 11th, Meet the Artists reception on May 12th)
6) COME OUT LAUGHING - June, July & August TBA, 2001 - Colony Theatre - Miami
Beach
CHANGES
The Nina Simone venue was changed to the Gusman Center for the Performing Arts due to the
unavailability of the Gleason Theater on the proposed date.
The presentation of Chico Buarque has been postponed to a future season due to changes in
the artist's schedule.
In place of Chico Buarque, an additional performance has been added:
GRUPO VOCAL DESANDANN - June 9th, 2001 - Temple Emmanuel- Miami Beach
This performance is part of a community-wide project in conjunction with the concluding
program of our 2000-2001 Contemporary Performance Series - the Florida premiere of Cuba's
finest traditional Haitian vocal and percussion ensemble, Grupo Vocal Desandann. An
intensive weeklong residency will include community receptions, workshops for local artists,
matinee performances for youth and public performances in churches and synagogues in
geographically and culturally disparate areas of Miami-Dade County. Through the residency,
gospel groups and choirs from the Haitian, Cuban, African American and Jewish communities
will participate in workshops exploring vocal styles and percussive rhythms. These workshops
will include the rehearsal of a gospel classic in preparation for a collective performance by the
artists and workshop participants at the project's conCluding performance that will be recorded
in CD format.
2ND THURSDAYS PARTICIPATION
MLP will participate in 2nd TH on March 8, 2001 in conjunction with our performance of Pat
Graney Dance Company in Tattoo. Ms. Graney's work is well known to South Florida dance
audiences through two previous performances, Faith in 1994 and Sleep in 1996. These works
were the first two sections of important trilogy of which Tattoo is the final section. For our 2nd TH
event we will collaborate with the Colony Theatre to have continual showings of Faith and Sleep
in large-scale projection format on the front of the Colony Theatre. Inside the venue we will
have a display of the instrument/costumes and the visual/sculptural pieces that are used in
Tattoo and conduct a meet-the-artists event.
Exhibit 2: Revised Project Budget / A. Total Project Budget
Nameoforganization: Miami Light Projel!ltjectTitle:MLP's 2000-2001 Season
Date(s) of Project: Nov. 2000 - Aug. 2001
Attach a copy of the total Project budget Of list cash expenses and cash revenues specifically
identified with your program, Project Of events. Round off all numbers to the nearest dollar.
EXPENSES
REVENUES
cash
Personnel - artistic 4 9 . 6 4 0
Personnel - technical 1 8 . 3 0 0
Personnel - administration 7 4 , 4 6 2
Outside artistic fees/services 83 . 800
Outside other fees/services 2, 1 00
MarketinglPublicity 52 , 2 6 0
Space rental 1 5 . 5 0 0
Tmvel 9,800
Utilities /Phone/Internet3 f 600
Equipment rental 1 2 . 300
Office supplies S 9 ~ 0 18
InsumncelSecurity 6, 1 8 0
in-kind
10,000
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Fedeml
State
Local
9,660
1,500
Other Costs:
Special Events
Hospitality
Interest/Dues/Fees
Tickets
(Itemize below)
12,000
4,800
12,000
100
Other contributions
Program Ads
Merchandise
Grant award
Total cash expenses
Total in-kind expenses
Total project expenses
365,860
21 .160
387.020
(cash + in-kind)
Total cash revenues
Total in-kind revenues
Total project revenues
cash in.kind
111,875
68,100 21,160
53,400
74,285
15,000
16,000
(Itemize below)
12,000
1,200
14,000
368,860
21,160
387,020
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization:Mi ami Light proi edlrojectTitIe: MLP' s 2000-2001 Season
Date(s) of Project: Nov. 2000 - Aug. 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant EXDeDSeS
1,500
Personnel- artistic
Personnel- technical
Space rental
1,500
Personnel - administrative
Travel (local only)
MarketingfPublicity
2,000
Outside artistic fees
9,000
Outside other fees
Other costs
(Itemize below)
TOTAL 14,000
Grant requirements:
Grant monies mIIst be 'Pmt 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 funds may not be used for:
Remuneration of City employees fur any services rendered as part of a project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennanent 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
HospUality events
Events not open to the public