Fantasy Theatre Factory
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This Grant Agreement is entered into this 13 day of N ~ \Ie e /."'2002, between the City of Mami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Counci (collectNely, the City), and Fantasy Theatre
Factory(Grantee).
City of Miami Beach Cultural Arts Council
200212003 Cultural Arts Grant Agreement
Article II Grant Description
1.
Grantee:
Address
City, Stale, Zip
Phone, fax, e-mail
Fantasy Theatre Fac:lory
7069 SW 47th Street
Miami FL 33155
(305) 284-8800 (305) 284-8872 mimi@fll'shows.oom
2. Grant amount 7,500 50% paid upon execution of this AgRlement
Remaining 50% paid upon compIelion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibil& 2-A and 2-8, attachecl hereto
5. Contract deadline: October 31, 2002
6. EJcpendilure deadline: ~ber 30, 2003
7. Project completion date: 1 {3d / '200 '3
8. Final Report deacJine: Must be postmarked or delivered no later than 45 days after Project
completion date.
parties hereto have executed this Agreement this /di day of
GRANTEE! F..~ ~ r::n -;/ivA
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APPROVED AS TO
FORM & LANGUAGE
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STATE OF FLORIDA
COUNTY OF MIAMI-DAD!
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{,: ., . El;;fD IDENTIFICATION ~
n.., L~ :ilamFlCATIOif PRODUCE!>> Fi) /-.r
MARY LOUSMOGAR
NOTARY Pl1BUC STATE OF FLORIDA
COMMISSION NO. 00134824
MY COMMISS!ON EXP. UL Y 17 006
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 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 Grant Award Budget, attached hereto as
Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as
said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Budget in Exhibit 2-B shall not be permitted without the prior written consent
of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing
and justifying the need for such changes.
All Grant recipients must participate in a minimum of one Second Thursdays (see Article 111-19).
The following City of Miami Beach "Anchors' are required to provide specific information 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 collaborative programs, or some similar project with the intent of assisting such smaller
arts organization(s).
Miami Beach "Anchors' for 2002/2003 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
Wolfson ian-FlU
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. Reoorts: This Grant has been awarded with the understanding that the described Project will
enhance and develop the City's 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 final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of
the Council within 45 days ofthe Project's completion. Miami Beach Anchors ONLY will submit an interim
report in April 2003 to receive the up to 50% of their Grant award (payable subject to the restrictions in
Article 1-2), with final reports due no later than 45 days after the completion of the City's Fiscal Year on
September 30, 2003.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide
financial 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. Proaram Monitorina 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.
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6. Bank Accounts and Bondina: 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. Accountina 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 reasonable notice. Furthermore, 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 of Miami Beach Cultural 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 same manner as if Grantee defaulted under
this Agreement, pursuant to Article 11-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless 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 ofthe 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 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 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. Assianment: 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 11-12.
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 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. DefaultIT ermination Provisions: In the eventthe 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
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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 reimburse the City for all lost or stolen
Grant funds.
Any uncommitted Grant funds which remain in the possession or under the control ofthe Grantee
as ofthe date ofthe 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 ofthe Council an extension ofthe Expenditure Deadline
which, if approved, shall be 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 ofthe 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. Indulcence 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 1-1 of this Agreement, and to the City when addressed as follows:
Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this Acreement: 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 Acreement: 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 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 1111 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:
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The Grantee hereby agrees that it will comply with Title VI ofthe 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
opportunity and services without discrimination on the basis of any disability.
19. All Grant recipients must participate in a minimum of one .Second Thursdays'. a cultural open
house on the second Thursday of every month. Free arts events will be held at multiple locations
throughout the City of Miami Beach. 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 II - 12
herein.
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1l
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Exhibit 1 / Revised Project Description
O<ganimtiO~ M ~f Projecttide ~ y~~
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 Second Thursdays. Miami Beach
Anchors should list specifics about their mentoring program.
Fantasy Theatre Factory will provide a complete season schedule (7 programs
for children & families) of cultural arts in Miami Beach. We offer this as a complete
cultural arts program because it is inclusive of theatre, dance, music, literature, visual
arts and the performing arts. The season program will have diversity of program sizes,
program venues, style of performances and workshops, audience interactions and
diversity in the style of cultural arts to be presented. Fantasy Theatre contracts over
100 artists and arts organizations yearly to bring this kind of diversity to our cultural
programs. Individual artist representation and shows and workshops offered are
designed to be multi-cultural.
Culturally diverse programs on 7 seDarate Second Thursdavs. including
guest artist shows from our National Artist Program and Local Artist Program:
Programs already scheduled: Curious George, Comedy With a Twist of Lemon,
Cinderella, Akbar Imhotep's African Folk Tales & Suitcase Puppeteering, Little Monster
Tales, Cuentame Un Cuento - Tell Me A Story, Tryday, The Adventures of Secret
Agent R.E. cycle, Kidding Around. Shows range in length and variety and are held at
multiple locations throughout the Beach. Please see the Second Thursday's
programming sheet for listing and description of programs, dates and venues.
Workshops: An Interactive Workshop in visual arts, crafts, circus skills, puppets,
drumming, or mask making will accompany and augment each of the above shows
mentioned. The workshops will be open to children and will be taught by Fantasy
Theatre staff or the performing artists themselves. The workshop will expand the
performance experience through hands-on activities that relate to each program.
Added Value: FTF Strolling performers at every eventl To add to the fun and
entertaining ambiance of Second Thursdays, Fantasy Theatre will provide strolling
artists to engage audience members and draw them into the performance. With over
100 artists on our roster, we can provide a varied selection: stilt-walkers, jugglers, face
painters, balloon sculpturers, character dancers, puppeteers, magicians etc. To
balance out smaller shows, we will provide more strolling characters. (Average program
has 4 hours of strolling that can be utilized in different ways. (E.g. 1 performer for 4
hours = two performers for two hours.
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Exhibit 2-A: Project Budget I Total Project Budget
Name of organization: Fantasv Theatre Factorv
Project Title: Miami Beach Children'slFamilv Arts Series 2002-03
Date(s) of Project:
10/1/02-9/30/03
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.
EXPENSES
REVENUES
cash
Personnel-artistic $500
Personnel-technical $0
Personnel-administration $3,000
Outside artistic fees/services $6,300
Outside other fees/services $1,000
Marketing/Publicity $1,500
Space rental $800
Travel $0
Utilities $0
Equipment rental $0
Office supplies $0
Insurance/Security $0
in-kind
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Other Costs:
Remaining Ooerating Costs
(Itemize below)
$1,900 $0
$0 $0
$0 $0
$0 $0
$0 $0
Other contributions
Other Revenue
Grant award
cash
$0
$5,000
$0
$0
$0
$0
$2,500
$0
$0
in-kind
$0
$0
$0
$0
$0
$0
$0
$0
$0
(Itemize below)
$0 $0
$0 $0
$0 $0
$7,500
Total cash expenses
Total in-kind expenses
Total project expenses
(cash + in-kind)
$15,000
$0
$15,000
(cash + in-kind)
Total cash revenues $15,000
Total in-kind revenue $0
Total project revenue $15,000
(cash + in-kind)
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, .
Exhibit 2-B: Project Budget I Grant Award Budget
Name of organization: Fantasy Theatre Factorv
Project Title: Miami Beach Children'slFamilv Arts Series 2002-03
Date(s) of Project: 1011102-9/30/03
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant EXDenses
Personnel- artistic $500 Personnel - technical $0
Personnel- administrative $0 Space rental $600
Travel (local only) $0 Marketing/Publicity $0
Outside artistic fees $5,400 Outside other fees $0
Other costs
(Itemize below)
Other Operating Costs $1,000
TOTAL $7,500
Grant requirements:
Grant monies must be spent 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 for 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 (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-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public
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