Clarita Filgueiras - Flamenco Puro, Inc.Im MIAMIBEACH
2004-272fy
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Clarita Filgueiras -Flamenco Puro, Inc.
Grant Contact: Clarita Filgueiras
Address: 16 Marabella Avenue
City, State, Zip: Coral Gables FL 33134
Phone, fax, e-mail : 305.442.1291, 305.476.2672, infoC<dclaritafilcueiras.com
2. Grant amount: 55,255.23 5096 paid upon execution of this Agreement. Remaining 5096
paid upon completion ofProject and submission and appmvat ofFina/ Repo
3. Project description: See Exhibit 1, attached hereto
4, itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached veto
5. Contract execution deadline: November 15, 2009
6. Expenditure deadline: September 30, 2010
7. Project completion date: ~u. u ~ 1 Q~~ I V
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, the pa ' s hereto have executed this Agreement this 7 ay of January , 2010.
Matti a ra Bower, ayor Signet
Attest: )/~~ ~Qil. ^
Robert archer, City Clerk (-t(~`
FLORIDA, COUpfTY~OF MIAMI- DADE
The foregoing instrument was acknowledged before me
this ~~day of ~. G n ~ t~ r 217~Q by
e ~a ra 1 ~s~e;r~5 of
~lHri~ F~~~~~ks ~iu ~co ~':anot-for-profd
corporation. He/She is personally known to me or has
produced Drlyer5 ~5ceh~¢ as
identification
GRANTEE:
Federal 1D #• 30 0147323
BY: Clara Filaueiras
Printed Name of Organoation's Authorized Representative
tC1rY Attorney APProval Here)
Signatu6S'o/Notaryy Public
Notary Name: ! •~/mil/ ~~~"o(
Notary Public, State of Florida
APPROVED A3 TO
FORM & LANGUAGE
6 FOR EXECUTION
My Commission Expires: S¢~~'^"'~¢'f a~, °~O1i
~"."••~ NEISYAVMO
„Mycaa,+~ssioxaonntlast
I:XPINES: Seplanber 24,2011
~+~an~~0' eomearnNeu~r+onnsm+ca
Article II /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 Cily Manager or his authorized designee, who shall be the City's
Cukurel Affairs Program Manager.
2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibk No. 1. All expenditures will He subject to the terms of this
Agreement, and as specfied in the kemized Grant Award Budget, attached hereto as Exhibk 2-B. A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate this
match through cash, other matching grants and/or In-Kind contributions not in excess of 2595 of the total
cash project budget. Line item changes to said Budget shall not exceed ten percent (10°k) per category, and
shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments
to the kemized Grant Award Budget in Exhibit 2-B shall not be permitted wiUwut the prior written consent of the
Cukurel Affairs Program Manager. Said requests shall be made in advance of the project's commencement, in
writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding That the descibed ProjectwiH enhance and
develop the City's cukurel community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the
Grantee must suppy the Culturel Affairs Program Manager with a written Final Report documenting that the
Grantee has fulfilled all requiremerrts. This report must be received by the Guttural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by ttte end of the Fiscal Year,
or September 30, 2010, must submk their final reports no later than November 15, 2010. New Grant awards will
not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Pavm~t Sdredu~: The total amount of the Grant ~ specfed in ARide t-2 (subject
to the restrictions therein). In awarding this Grant, the Cily assumes no obligation to provide financial support of
any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee.
The Grant funds will ony be supplied to the Grantee following the Mayor and City Commission's approval of the
award, and execution of this Agreement by the parties hereto.
5. Progrem Monkoring and Evaluation: The Guttural Affairs Program Manager may monkor and conduct an
evaluation of the Project under this Grant, which may include, wkh or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey
adopted by the Cultural Arts Council to obtain speck feedback from program participants.
6. Bank Accounts and Barding: tvbnies received pursuant to this Agreement shale be kept in accarnts in
established Miami-Dade County banks or savings and ban associations whose identities shall be discbsed in
writing to the Cultural Affairs Progrem Managerwith the identky and tkle of individuals authorized to withdraw or
write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September 30).The Grantee shall 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, including. vrithart limitation. voucl~ers, biks, invokes, receipts and canceled'chedcs,
shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure
place and in an ordery fashion by the Grantee for at least two (2) years after the F~cpendkure Deadline specified
in Article I-5. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offa~s during regular drsiness hours and upon reasonable rrotice. FurtheRnore,
the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not
purported to be related to this Grant.
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8. Publicity and Credits: The Grantee must irudude the City of Miami 8earat logo acrd the folbwing rxed8
line in all publications related to this Grer-t: City of Miami Beach, Cultursl Affairs Program, Cultural Arts Coundl.
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.
9. Liabilfir and Indemnification: The Grantee shalt indemnity acrd hold harmless the Cily and its offers,
employees, agents and contractors, from arty and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its offx~rs, employees, agents and centradors 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 Grantce or its officers. empbyees, agents, servants, partners, prirxtipals
or contractors. 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 ail costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly
understands and agrees that arty insurance protection required by this Agreement, or otherwise provided, shall in
no way limlt its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers,
employees, agents and contractors as herein provided.
If the Grantee is a government entity, this indermnification shall only be m 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 any one person which exceeds the
sum of $100,000, or any claim or judgment or portions thereof, which, when totaled wlth ail 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 properly damage claims, liabil'rfies, losses or causes of action which
may arise as a result of the negligence of the Grantee entity.
10. Assionment: The Grantee shall Trot be permitted to assign this Grant, and ar-y purported ass~nment will
be void, and shall be treated as an event of default pursuant to Article II-12.
11. Compliance 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 Miam~Dade County's Conflict of Interest and Code of Ethics
Ordinance, as amended, which is iruorporated 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. DefaulNTermination Provisions: In the event the Grandee shall fad to comply with any of the provisions of
this Agreement, the Cultural Affairs Program Manager may terminate thLa Agreement and withhold or cancel all or
any unpaid installments of the Grant upon giving five (5) ca~ndar 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 termination, the
Grantee shall be required to immediately repay to the City all portions ~ the Grant which have been received by
the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated, the folbwing provisions will also apply:
a. For first-time violations -Grantee shall be required to submit a fmal report with documentation of
expenditure of all Grant funds already received (first half) up to the termination date.
Addltionaly, Grantee wiU be ineligible to apply andlor receive a grant in the subsequent City fiscal year.
However, Grantee will be allowed to apply for grants in future fiscal years.
b. For more than first-time violations -Any comPliarrce irriractiorrs beyond first-time vioations will be
considered by the Guttural Affairs Program Manager, on a gse-by-case basis. As part of his consideration, the
Guttural Affairs Program Manager shat! obtain the recommerrdation of the Culture) Arts Coundl, but the final
declsion as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of
the City.
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Any uncommitted Grant funds which remain in ttte possessror- ~ urxier 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 frfteen (15) days
after the Expenditure Deadline. tf such funds have been committed but not expended, the Grantee must request
in writing ftom the Cutural Affairs Program Manager an extension of the Expenditure Deadline which, ff 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 upon demand by
delivering to the Cultural Affairs Program Manager a cert~ed check for the total amount due, payable to the City
of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence WiN Not be Waiver of Breach: The irrdutgence of either party with regard to arty breach ~
failure to perform arty 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 the breach or failure occurs, or at any time throughout the term of
this Agreement.
14. Written Notk~s: 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-1 of
this Agreement, and to the City when addressed as folbws: Gary Farmer, Cukural Affairs Program Manager, Cily
of Miami Beach Dept. of Tourism and Cultural Devebpment,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. Contract Represents Total Agreement: This contract, incuding its special conditions and exhibRs,
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 rbnstruirrg its terms. No modificatrons 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 111 /Miscellaneous Provisions
17. The Grant awarded herein s the result of an extensive public review procx3ss, which found that the
Grantee is performing a public purpose through the programs, projects, andlor services recommended for
support. As such, use of Grant funds fa arty program component rrot meeting this condifior- will be considered a
breach of the terms of this Agreement and will albw the City to seek remedies including, but not limited to, those
outlined in this Grant agreement.
18. The Grantee also accepts and agrees to rbmply with the following Speaal Conditions:
The Grantee hereby agrees that k 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 d wdl comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in empk~ymeM, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
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The City endorses the dear mandate of the Americans with DisaaliUes Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same empbyment opportunities
that are available to persons without disabilities.
The Cily also endorses the mandate of the ReMabditation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant redpients provide equal arxess and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
ThLs Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida,
both substantive and remedial, without regard to prindples of conflict of laws. The exclusive venue for any
litigation arising out ofthis Agreement shatl beMiami-Dade County, Florida, if in State court, and the U.S. District
Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND GrarMee EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organf¢ation: Clarity Filgueiras -Flamenco Puro, Inc.
Completely describe Pro/ect approved by the Grants Panel and in a separate narrative detail aN revisions to
the Project based upon the City Commission approved award. Please be as specfic as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project descriation as aooroved by Grants Panel:
WHAT: Flamenco Festival: Nuevos Caminos (new paths) atwo-day performance. In addkion
to the performance, workshops in Flamenco dance, guitar, and percussion will be scheduled
and will be open to the public. These workshops are open to the public and are suitable for
"first-time" beginners and intermediateladvanced students. Students will have the benefit of
studying with Spain's best professionals. Class fees are reasonably priced making the
workshop more accessible. The workshops will not be funded by this grant.
WHEN: There will be two shows. The event dates are Saturday, November 28, 2009 and
Sunday, November 29, 2009; the project times are 8:00 PM on Saturday, November 28, 2009
and 6:OOPM (matinee) on Sunday, November 29, 2009. Ticket prices will be $35 and $25.
Flamenco dance, guitar, and Cajon workshops will begin on November 16, 2009. The venue is
the Colony Theater.
WHO: The project will feature Elena AndGjar, dancer Mayte Chico Diaz, guitarist Calvin
Hazen, jazz flutist Mark Krumich, and percussionist Romulo Bemal. Artistic Director Clarity
Filgueiras will choreograph, dance, and direct the performance.
Grant amount applied for: $10,000
Changes to projects awaMed underthe Artistic Disciplines program muststill adhere to the roquirement that the work
is new or has never before been presented in Miami Beach.
WHAT: Flamenco Festival Nuevos Caminos (new paths) has been changed from atwo-day
performance to a one-day performance. The work is new and has never been presented in
Miami Beach before.
WHEN: There will be one show. The event date has been changed to Saturday, June 19,
2010 instead of November 28, 2009 and November 29, 2009. The project time is 8:OOPM. All
ticket prices will be $35. Flamenco dance, guitar, and Cajon workshops will begin on June 14 -
18, 2010. The venue remains the Colony Theater.
WHO: The featured artist, dancer Mayte Chico Diaz will be replaced by Antonio Arrebola and
Jose Junco, both from Madrid and Jorge Robledo from Argentina. A Violin player will be added
TBD. All other artists remain unchanged.
Grant amount received: $5,255.53
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Clarity Filgueiras -Flamenco Puro, Inc.
Date(s) of Project: June 19, 2010
Attach a copy of the total Project budget or list cash expenses and cash revenues specifically
identified with your program, project or events. Round ofl all numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -artistic ~ ~0 Admissions 723.00
Personnel -technical ~0 ~ Contracted services
Personnel -administration 1 00 085 Tuitions
Outside artistic fees/services 740 1 0 0 Corporate support $1,315 .00
Outside other feeslservices 00 $Q Foundation support
Marketing/Publicity ,,~7Q 1 15 individual support $3,085.00
Space rental 2 5 ~ Government grants 0. 0
Utilities ~0 ~Q Federal
Equipment rental j~ ~0 State
Office supplies ~ ~0
Other Costs: (Itemize bekwv) Other Contributions (Itemize below)
Pnntina a8 ~0 _
Postage $130 ~ _
In County Travel 150 ~0 _
See Attached 2 2 . ~
City of Miami Beach Grant Award 5,255.23
Total qsh expenses 1 598.23
Total in-kind expenses 0 00
Total project expenses $31.998.23
CASH 8 IN-KIND
Total cash revenues $17,598.23
Total in-kind revenues $4,400.00
Total project revenues $21,998.23
CASH 8 IN-KIND
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D(HIBIT 2-A: Project Budget/Revised Total Project Budget contlnued
Clarlta Fllgueiras -Flamenco Puro, Inc.
(Itemize Below)
Other Costs: continued
Supplies/Materials S 200.00
Out of County Travel S 800.23
Hotel -Lodging $ 525.00
Costumes S 1,000.00
ideography $ 400.00
TOTAL S 2,925.23
Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Clarity Filgueinrs -Flamenco Puro, Inc.
Date(s) of Project: June 19, 2010
Grant Award: $5,255.23
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only
be spent within budget categories declared below. Line Rem changes to said Budget shall not exceed ten
percent (10%) per category, so long as said expendRures do not exceed the total amount of Grant funds
Grant Expenses
Personnel -artistic ~ Equipment Rental
Personnel - technical ~ Space rerttal (Performance $1,120
Related Only)
Outside artistic fees 430.23
Marketing/Publiclly ~ Total Other Costs (itemize
Below)
Printing 215
Description Amount
Postage _
TOTAL (must equal grant award): $5,255.23
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications assoclated with City of Miami Beach cuRural grant support must include the Cily of Miami
Beach logo and the following byline: "City oiMiami Beach, Cultural Affairs Pn~gram, Cultural ARs Council"
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or everrt
• Honoraria
• Equipment rental ar-d expendable materials
• Marketing
Publicity
Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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Grant Use Restrictions (grant funds may ~ be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• Administrative salaries or fees
• "Bricks and mortar' or permaner>t equipmer-t; unless the purt*rase price is less than the cost of
rental.
• City of Miami Beach services (permk fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or generel operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• SociaUFundraising everts, beauty pageants or sporting events
• Hospitality costs including dec~retions or affiliate personnel vrith the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government and has been previously approved as such be the Cultural Affairs Program Manager
Required supportlng materials for float reports submitted within 45 days upon completion of grant
project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (i.e. - all artlsffi paymenffi, separate from
advertising paymenffi). Invoices AND checks must be dated within the 2009-10 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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