FUNDarte . , g oo- a 7 S) 7
m MIAMI BEACH
' City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2010/11 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 20th day of September, 2010, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I / Grant Description
1. Grantee: FUNDarte
Grant Contact: Ever Chavez
Address: 7601 Byron Avenue Suite 4C
City, State, Zip: Miami Beach FL 33141
Phone, fax, e-mail : 305.316.6165, 305.867.1145, info @fundarte.us
2. Grant amount: $11,564.40 50% of base award paid upon execution of this Agreement.
Remaining 50% + $2,000 Byron Bonus paid upon completion of Project
I and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2 -A Project Budget and 2 -B Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2010
6. Expenditure deadline: September 30, 2011
7. Project completion date: September 30, 2011
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, the pa' i es hereto have executed this Agreement this � 7 day of iwov( , 6C1L-_ , 2010.
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Matti " err: a Bower, Mayo
Attest: Signature it
i -19 0k.A-( 1 t , ' -, Robert Parcher, City Clerk STATE OF F FDIA, f OUNTY OF MIAMI- DADE
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(Grantee's Corporate Seal Here) The foregoing instrument was acknowledged before me
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` this �0 / day of PO ✓ "be,� "2010, by
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corporation. HA/She is personally known to me or has
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GRANTEE ,
Federal ID #: 11- 3711377 41-16111
BY: Ever Chavez Signature of Notary Pu • c
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
APPROVED AS TO Notary Name: ��/?/ zJ 3
FORM & LANGUAGE Notary Public, State of Florida
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Article 11 / 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 City Manager or his authorized designee, who shall be the
City's Cultural Affairs Program Manager.
2. Project Description: 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.
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
25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10 %)
per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding
sentence, amendments to the itemized Grant Award Budget in Exhibit 2 -B shall not be permitted without the
prior written consent of the Cultural 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 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 Cultural Affairs Program Manager with a written Final Report
documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs
Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the
end of the Fiscal Year, or September 30, 2011, must submit their final reports no later than November 15,
2011. New Grant awards will not be released until all Final Reports for previous years' funding are
received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1 -2
(subject to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre. In
awarding this Grant, the City 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
only 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. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct
an evaluation of the Project under this Grant, which may include, with 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 specific feedback from program participants.
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 Cultural Affairs Program Manager with the identity and title 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, without limitation, vouchers, bills, invoices, receipts and canceled
checks, 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 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 City, and /or its
authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. •
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Furthermore, 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.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council
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 contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 officers, employees, agents, servants,
partners, principals 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 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 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 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 any one 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. Assignment: The Grantee shall not be 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. 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 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
Chapter2, Article VII ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and 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
termination, the Grantee shall be required to immediately repay to the City all portions of 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 following provisions will also apply:
a. For first -time violations — Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (first half) up to the termination date.
Additionally, Grantee will be ineligible to apply and/or 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 compliance infractions beyond first -time violations will be
considered by the Cultural Affairs Program Manager, on a case -by -case basis. As part of his consideration,
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the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the
final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole
discretion of the City.
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 Cultural Affairs Program Manager an extension of the 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 upon demand
by delivering to the Cultural Affairs Program Manager a certified checkforthe 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 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 the breach or 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: Gary Farmer, Cultural Affairs Program Manager,
City of Miami Beach Dept. of Tourism and Cultural Development, 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, 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 ill / 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 /or services recommended for
support. As such, use of Grant 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 Human Rights Ordinance as
codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
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religion, sex, gender identity, sexual orientation, disability, marital status, financial 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. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami -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 GRANTEE 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
Organization: FUNDarte
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
to the Project based upon the City Commission approved award. Please be as specific as possible; name
of event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
From across the Americas to Europe to local artists, from music to theater to dance, from the best of
cultural traditions to contemporary performance, FUNDarte's eighth World of Dreams/Mundo de Suefios
2010 -2011 Season promises to be both amazingly diverse and challenging. It builds on FUNDarte's past
achievements, continuing to expand their successful key series, by presenting most artists and events under
their Global Cuba Fest, Miami On Stage, Out in the Tropics and No Borders banners. This grant
application is for all the season events taking place in the City of Miami Beach, which is a majority of the
season. Please see project details in the attached page.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the
work is new or has never before been presented in Miami Beach.
•
From across the Americas to Europe to local artists, from music to theater to dance, from the best of
cultural traditions to contemporary performance, FUNDarte's eighth World of Dreams/Mundo de
Sueiios 2010 -2011 Season promises to be both amazingly diverse and challenging. It builds on
FUNDarte's past achievements, continuing to expand their successful key series, by presenting most
artists and events under their Global Cuba Fest, Miami On Stage and Out in the Tropics banners.
Since funding was awarded at 68% of the request, the program was reduced in order to effectively
produce the series. No Borders was eliminated for the 2010 -2011 season until additional funds are
secured. In addition, the dates for Out in the Tropics have been changed from July 6 -10, 2011 to June
8 -12, 2011.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: FUNDarte
Date(s) of Project: October 1, 2010 — September 30, 2011
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 IN -KIND CASH IN -KIND
Personnel - artistic _ _ Admissions $18,000,
Personnel - technical Contracted services $62,000
Personnel - administration $43,000 Tuitions
Outside artistic fees /services $20,000 _ Corporate support $12,000 $13,600
Outside other fees /services $23.000 $5,000 Foundation support $10,000
Marketing /Publicity $12,000 $10.000 Individual support $2.000 $15,400
Space rental $5,000 $10,000 Government grants
Utilities $2.700 $1,000 Federal
Equipment rental $3,000 State
Office supplies $3.000 _
Other Costs: (Itemize below) Other Contributions (Itemize below)
Printing & Postage $4,000 _ Miami -Dade County $25,000
Travel $13.000 $3,000 Applicant Cash $435.60
Insurance $1,700 _ _
Misc $3.000
Ticketing /Front of House / City of Miami Beach Grant Award 11,564.40
Box office & Hospitality $9,600 Byron Bonus 2.000.00
Total cash expenses $143.000 Total cash revenues $143.000
Total in -kind expenses $29,000 Total in -kind revenues $29,000
Total project expenses $172,000 Total project revenues $172.000
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: FUNDarte
Date(s) of Project: October 1, 2010 — September 30, 2011
Grant Award: $11,564.40 + $2,000.00 Byron Bonus
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 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
Grant Expenses
Personnel — artistic _ Equipment Rental
(NOT administrative)
Personnel — technical _ Space rental (Performance $1,564.40
Related Only)
Outside artistic fees $5,000
Marketing /Publicity $3,000 Total Other Costs (itemize
Below)
Printing $1,000
Description Amount
Postage _ Outside Technical Fees $3,000
TOTAL (must equal grant award): _ $13,564.40
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts
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 event
• Honoraria
• , Equipment rental and 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
Grant Use Restrictions (grant funds may not 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 permanent equipment; unless the purchase price is Tess than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)•
• Travel or transportation
• Insurance Fees (Cultural Anchors excluded from this restriction)
• Social /Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with 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 supporting materials forfinal 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. - art artists payments, separate from
advertising payments). Invoices AND checks must be dated within the 2010 -11 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
•
Proiect description as approved by Grants Panel:
The events and performances for which funding is requested in this grant application are:
Global Cuba Fest: Contemporary Cuban Performing Arts
(April 16, 2011, 12pm, at the 1,000 - person North Beach Bandshell, $25 general admission)
Some of the best Cuban artists from around the world perform during the fourth edition of this
groundbreaking series of showcases held throughout Miami -Dade County. Each artist blends his or her
distinct roots with influences from other cultures to create a unique contemporary fusion that reaches
beyond the limited representations of Cuba and Cuban artistic expression that are available in popular media
and venues. Global Cuba Fest brings diverse, genre- stretching and creatively fresh voices to South Florida
audiences. Most performers will be in residence during the week of their concerts and shows to conduct
workshops, work with local artists and be part of public panels. This year Global Cuba Fest Miami Beach
event takes place on April 16, 2011, in a co- presentation with Miami Light Project. It is an afternoon and
evening festival that will take place at the North Beach Bandshell with proposed artists Raul Paz
(www.raulpaz.net), the Cuban -born French -based musician, who mixes sabor from the island with rock, pop
and dub, and embodies the magical and syncretic threads of much of Latin American culture; Lariba, a
Zurich -based truly international group that includes Cubans, Italian, Brazilian and Swiss members, with an
urban Latin sound; and Haila (www.myspace.com /cubatonmusichaila), who has been compared to a young
Celia Cruz, in her first concert in Miami, mixing a contemporary sensibility with authentic Cuban rhythms
from the island's current music scene.
Miami On Stage
(April 1 -3, 2011, various times, weekend -long festival of events at the 300 -seat Byron Carlyle
Theater & 1,000 - person capacity North Beach Bandshell , $15 -25 general admission)
Miami already has a homegrown, exciting arts scene that will only continue to flourish and grow
through increased opportunities for professional artist showcases that expose South Florida audiences to
contemporary, locally produced work. FUNDarte's Miami On Stage , now in its second year, will be a
weekend -long festival of performances from April 1 -3, 2011, featdring work from Miami -Dade
musicians, actors, playwrights, dancers, poets, filmmakers and visual artists. It will also include 'a
number of complementary events throughout the weekend, such as parallel outdoor neighborhood events
in North Beach, free artists panel discussions and forums and post -show talk -backs in partnership with
the North Short Park & Youth Center, North Beach Development Corporation, and other groups.
Programs and artists for this year's series include solo theater artist Natasha Tsakos
(www.natashatsakos.com), who the Miami Herald has called "...imaginative...adventurous [and]
provocative," with a new work; a Latin Jazz Jam concert led by the talented young musician Yorgis
Goiricelaya (yorgismusic.com /live), working with professional artists and students from local music
conservatory programs; a program of short films by Miami artists, Shorts in the Hood, curated by Emmy
Award- winning filmmaker and programmer Robert Rosenberg (see Fundarte staff bios); and a special
Latin Songwriters' Showcase with Jesus Hidalgo (Miami- Venezuela), Juliana Barrios (Miami -
Colombia) and others. The first three events are at the Byron Carlyle Theater and the last is outdoors at
the North Beach Bandshell.
/
Out in the Tropics Festival
(July 6 -10, 2011, 8pm, at the 400 -seat Colony Theatre, $25 general admission)
The second edition of this new festival brings exciting gay and lesbian performing artists, all new to the
region, who address broad gender and social issues, to Miami for five days of shows and much more.
This is fast becoming a signature event for the region that can have both a local and national profile.
Robert Rosenberg, Founding Director of the Miami Gay & Lesbian Film Festival and former Associate
Director of long -time Miami arts presenter Tigertail Productions, is the Artistic Director of Out in the
Tropics. Proposed artists and programs for this year's festival are as follows. Circus Amok
(www.circusamok.org), a "new vaudeville" troupe from New York City will bring their performance,
combining gender bending, social commentary and circus arts, to South Florida; VonTanner
(www.vontanner.com), the award - winning gay male musical group that performs original and cover
songs of humor, joy and social commentary; Carmelita Tropicana (www.carmelitatropicana.com), the
Cuban - American "downtown lesbian diva" who has been mixing and matching identities and personas
for more than two decades in her hilarious and touching one -woman shows; and Sean Dorsey Dance
Company (www.freshmeatproductions.com) in "Uncovered: The Diary Project," a groundbreaking
dance- theater work that uncovers the real lives of historical transgender people. The festival will include
panel discussions, performance workshops and other opportunities for audiences and artists to meet
outside the actual shows, in partnership with a number of gay community groups such as the Miami -
Dade Gay & Lesbian Chamber of Commerce. These provide an opportunity to more deeply explore the
contemporary issues of identity, community and cultural expression raised at Out in the Tropics.
No Borders
(October 15, 2010, 8pm, Colony Theatre, $25 general admission, other dates and venues TBD)
FUNDarte continues to present and co- present a number of additional culturally diverse artists at a
variety of venues in Miami -Dade County throughout the year. This upcoming season these performances
are being rebranded as the No Borders series. While most of the artists will not be announced until the
season begins, based on touring availability, tentatively proposed are Curacao's musical treasure Izaline
Calister (www.izalinecalister.com), along with a wide variety of additional artists to be announced
during the season. For Izaline Calister, FUNDarte will be working closely with the Consulate of the
Netherlands.