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Miami Hispanic Ballet City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this I). CfJ day of 'NO" , 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and ~\~~\ \~\~1\\r. ?v~\\~"'I: (Grantee). Article I / Grant description rlilll1 / !/lS?AIJI G E-AL-qi7 9Vl? Sw '; ST 14//J;:1/ n 351.317 ,;;,/9-':;; / / ~ bOp I / ;; 'i'r:BEffl.lS:MT. /JEI I. Grantee: Address City, state, zip Phone, fax, email 2. Grant amount: '1 A ~O 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project, submission and appraval of final report. 3. Project description: See Exhibit 1, 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. 2b t-4u" IN WITNESS WHEREOF, the parties hereto have executed this Agreement this __ day of" , 2000. JJ/~ ~ GRANTEElM / AH/ 11"JS-P/}).Jic B/JU--$T Print Name of Organization CITY OF MIAMI BEACH Neisen Kasdin, Mayor FederallD # .6~ o~9;;?- B~"D.eD ?14 g(() Ft&.iiIi Printed Name of Chairman or President ATIEST: !~(r ? titdv-- Robert Parcher, City Clerk - ----y ~ -- Signature (Grantee's Corporate seal) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Y:~RC "'=t>1'\@LO ~A 'nted Name of Executive Director ~~~~ i A omey /0 ~ Y-$ . Dc* c:::-----. -{. _ '6 Signature e - 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 delegllted 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 DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No.1. 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. All Grant recipients must participate in Miami Beach Second Thursdays (see Article ill-I 9). The following City of Miami Beach" AnchOls" 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, 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 information 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!J'8l11 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. 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of aU receipts and expenditures of Grant funds, in confonnance with reasonable accounting standards. These books and records, as weU as aU 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 Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, 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 MItmti Beach Cu1t1llYll Am Coundllogo and the following credit line in aU publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liabilitv and Indemnification: The Grantee shaU indemnity 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 appeUate 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, shaU in no way limit the responsibility to indemnity, 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 ofthat 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 aU other claims or judgments paid by the govermnent 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 ofthe Grantee entity. 10. Assil!lll1lent: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shaU be treated as an event of default pursuant to Article II-12, below. II. ComDliance with Laws: The Grantee agrees to abide by and be governed by aU 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 fuUy set forth herein, and Chapter 2, Article VII ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defaultrrermination 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 shaU 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 canceUed 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 ofthe 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 DeadIine; 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. Indule: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 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. Caooons 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. Contract Reoresents Total Aereernent: This contract, including its special conditions and exhibits, represents the whole and total agreement oflhe 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/ 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.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 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 breach of this Agreement, as provided in Article IT - 12 herein. Exhibit 1/ Revised Project description Organization: Miami Hispanic BaBet Project Title: VI Annuallntemational BaBet Festival Completely describe Project approved by the Grants Panel and in a SEparate narrative dEtail the revision to the Project based upon the award Please be as specific as possible, name of evmt, venue, times, etc. Also, detail the organization's participation in Miami Beach Second Thursdays. Miami Beach anchors should list specifics about their mentoring program. The VI Annual International Ballet Festival of Miami will be produced by the Miami Hispanic Ballet, under the artistic direction of Pedro Pablo Pena on September 11-16, 2001. The Festival will consist of various events including six performances at the Jackie Gleason Theater, the Colony Theater and the Manuel Artime Theater as well as open rehearsals for students. In addition, master classes will be held at the Arting Together Cultural Center by the visiting guest artists and company directors! choreographers for ballet students. The Festival's proposed schedule will be as follows: September 11 - 12: Two performances will be held at the Manuel Artime Theater featuring some of Miami's most important dance companies and schools. Local dance schools will be invited including: Ballet Concerto, Balletique, New World School of the Arts, Vivian Tobio, Maria Verdeja, Pepe Bronce Lecuona as well as many others. September 13: As part of Second Thursdays In Miami Beach, the Intemational Ballet Festival of Miami will host an open rehearsal at the Colony Theater with a Meet the Artist Reception. September 14: This performance held at the Colony will feature contemporary dance companies such as Compagnie Linga (Switzerland), 10 & 10 Danza (Spain), Companhia de Danca (Brazil), Ballet de Pugglia (Italy), Les Ballet Jazz de Montreal (Canada), Martha Graham Dance (USA), Momentum Dance (USA), Tennessee Memphis Dance (USA) and Compania di Danza Teatro di Torino (Italy). September 15 - 16: The performances held at the Jackie Gleason Theater, will include the English National Ballet (England), American Ballet Theatre (USA), Vienna State Opera Ballet (Austria), Universal Ballet (Korea), Austin Ballet (USA), Fundacion Ballet de Cali (Colombia), Ballet Estable Teatro Colon (Argentina), New York City Ballet (USA), Cleveland San Jose Ballet (USA), Compania Nacional de Danza (Mexico), Sarasota Ballet of Florida (USA), Ballet de Santiago (Chile), and Aspen Ballet (USA). The "Prominent Figure of Dance Award" will be presented to an internationally renowned figure in the dance world. Past recipients have been included Rosella Hightower (2000) and Femando Bujones (1999). Exhibit 2: Revised Project BudgetJ A. Total Project Budget Name of organization: MIAMI HISPANIC BALLET Date(s) of Project: SEPTEMBER 11-16, 2001 PrQject Title: VI Annual International Ballet Festival Attach a copy of the total Project budget or list cash expenses and cash revmues specifically idmtified with your program, Project or events. Round off all numbers to the nearest dollar. EXPENSES REVENUES cash in-kind cash in-kind Personnel - artistic $ 7,000 $ 4,000 Admissions S 100,000 $ Personnel - teclmica1 $ S 1,000 Contracted services S $ Personnel - atlrrriniotrative $ 10,000 S 4,000 CoIporate support S 24,450 $ 269,000 Outside artistic fees! services $ 20,000 S Foundation support $ $ Outside other fees! services $ 20,000 $ 1,500 Individual support S $ 20,500 MarketinW Publicity $ 35,000 S 210,000 State grant S 10,000 $ Space rental $ 40,000 S 1,000 Federal grant $ $ Travel $ 25,000 $ 57,000 Utilities S $ Equipment rental $ $ Office supplies S $ Insurance! Security S 2,000 $ Other Costs: (Itemize below) Other-contributions: (Itemiu below) Video Production S 3,500 S 1,500 Miami-Dade County S 45,000 $ Production S 8,000 S 5,000 Oty of Miami $ $ 1,000 Printing S 8,900 S 2,000 Costume! 8ceDic Design $ 3,500 $ 2,500 Costume Execution $ 4,000 $ 1,000 Grant award S 7,450 T ota1 cash expenses Total in-kind expenses Total project expenses $ 186,900 S $ 477,400 (cash + in-kind) Total cash revenues 290,500 Total in-kind revwues T ota1 project revenues S 186,900 S 290,500 $ 477,400 (cash + in-kind) . Exhibit 2: Revised Project Budget! B. Grant Award Budget Name of organization: Miami Hispanic Ballet l'r<!iect Title: VI Annual International Ballet Festival Date(s) of Project: September 11-16,2001 Directions: Ichmifyand itemireCasb: expmsesto be paid from Grant fimds. Grant awards may only be spent within budgEt categories declared below. GrlUlt p"D>>n!iIP-S PersooneI - artistic Persormel - administrative Travel (local only) Outside artistic fees Other costs $ 7,450 Persoonel - teclmical Space rental Mar~ Publicity Outside other fees TOTAL $ 7,450 Grant requirements: Grant monies must be spent within budget categories agreed upon in original COIIlract All publications associated with Miami Beach Cultural Arts Co1llWil grant support must include the Comcil's logo and the fullowing byline "with the suppolf of the Mayor and City Commission of the City of Miami Beach and the Miami Beach Cultural Arls Council" Gnnt flmds _y not be UJed for: Rmumeration of City employees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultmal Arts Comcil "Bricks and mortar" or permaneut equipment (permaneut equipment necessary for proposed project may be pun:haaed iftbe price is less than what it would cost to RUt the equipment) Debt redudion Out-of-county travel or transportation Fmdraising evmts Hospitality evmts Events not open to the public