Siempre Flamenco G 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: Siempre Flamenco
Grant Contact: Celia Clara
Address: 8935 Byron Avenue
City, State, Zip: Surfside FL 33154
Phone, fax, e-mail : 305.866.4387, celiaclara(c�vahoo.com
2. Grant amount: $5,887.98 50% of base award paid upon execution of this Agreement.
Remaining 50% + $2,000 Byron Bonus paid upon completion of Project
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: SepteTber 30, 2011
7. Project completion date: 7 /SO / 2_ v / .
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. l
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Q day of NJ , 2010.
AO/ _/ t . !. _1
Matti He era Bower, M -yor
Signature
Attest: j
``� I "," STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
(Grantee's Corporate Seal Here) The foregoing instrument was acknowledged before me
this ( day of Nd t.) 2010, by
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APPROVED AS TO Notary Public, State of Florida
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Article II / General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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,
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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. 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 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. 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:
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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, 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 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 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 III / Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that
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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, 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: Siempre Flamenco
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.
Proiect description as approved by Grants Panel:
The original project stated as follows:
Funds are requested to support Siempre Flamencos 2010 -2011 season of events in
Miami Beach, which will include three new choreographic collaborations and a
performance for Sleepless Night. Siempre Flamenco aims to boost the season with a mix
of traditional pure flamenco and avant -garde original creations.
The season will open with Hip Hop Flamenco, an encounter of old traditions juxtaposed
upon an urban landscape; Choreographer and Hip Hop Dancer Charles Williams will
confront and deal with flamenco melodies and rhythms while Siempre Flamenco company
dancers find inspiration in modern hip hop raps. This dance concert will be performed at
the Byron Carlyle Theater in Miami Beach December 10 and 11 2010.
With The Festival of Flamenco Song, Siempre Flamenco continues its dedication to the
preservation of a cultural heritage, with the hope of passing it down to future generations. It
is the intent of the Festival to not only engage and educate audiences about the depth of
the flamenco experience but to position it in a contemporary and meaningful environment.
Siempre Flamenco will present the 6 annual Festival of Flamenco Song in Miami, March
2 5 th & 26 2011 at the Colony Theater. It will feature guest dancer and choreographer Jose
Barrios, principal dancer with the world renowned Maria Pages Company and a rising
young star in Spain, gaining recognition as a prominent choreographer. Mr. Barrios will
choreograph a new piece for the Festival and give a dance workshop.
In July, Siempre Flamenco will return to the Byron Carlyle Theater with Open Spaces, a
contemporary vision of Flamenco and Afro Cuban rhythm and beats in a unique fusion.
The interaction between these two distinct and rich dance styles will explore the universal
human experience of conflict, rivalry, and love. Inspired and influenced by a dialogue
between Flamenco and Cuban Rhythms over many years, choreographers Celia Fonta
(Flamenco) and Elena Garcia (Afro- Cuban) hope to keep traditions alive while adding a
vast array of new and surprising vibrant dance explorations. Performed to live music, Open
Spaces represents the richness and uniqueness of the cultural diversity in South Florida,
particularly its Spanish and African ancestry. This will be performed as part of the Miami
events of the "Flamenco in the Sun" Festival the weekend of July 15 &16 2011.
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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.
. The following changes have been made to the original project description:
Sleepless Night was cancelled,
Due to budget restrictions, Hip -Hop Flamenco will take place for one night only, November
19 at the Byron Carlyle Theater. The following artists will be performing; Paco Fonta,
flamenco guitar and vocals,
Celia Fonta, flamenco dance, Charles Williams, hip -hop dance, Derin Young, vocals,
Richie Jones, dj, Daniel Stable, bass, Romulo Bernal , percussion, Marco Cortes, flamenco
rap.
The 6 Festival of Flamenco Song has been changed to the week of February 14 - 19th
The festival concerts will no longer take place at the Colony Theater, also due to budget
restrictions and an offer by the Adrienne Arsht Center for a co- production at the studio
theater.
Guest artist Macarena de Jerez will give a dance workshop at Condesa Dance and
• Theater of Miami, located at 7429 Coffins Ave, Miami Beach, as part of the Miami
Beach activities scheduled for the festival. Scheduled guest dancer Jose Barrios will not
• be able to perform at the festival due to a conflict with the new dates, but he will return
in July for a workshop and choreography for the July programming activities. All other
programming remains the same as in the original grant application.
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Exhibit 2 -A: Project Budget/Revised Total Project Budget
Name of organization: Siempre Flamenco
Date(s) of Project: 10/1/10 - 9/30/11
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 6600 2000 _ Admissions 14000 _
Personnel – technical 1800 Contracted services
Personnel – administration 4500_ 5000 — Tuitions 2000
Outside artistic fees /services 7000 Corporate support 2000
Outside other fees /services 1800 _ Foundation support 3000
Marketing /Publicity 5000 3000 _ Individual support 2800 10000
Space rental 3600_ _ Government grants
Utilities Federal
Equipment rental State
Office supplies 1800_ _ Local Miami Dade 8400
Other Costs: (Itemize below) Other Contributions (Itemize below)
Costumes,props 1900
Choreographies 2300
Rehearsal 2125
Hospitality 800
Remaining operating expenses 863
City of Miami Beach Grant Award 5,887.98
Byron Bonus 2,000.00
Total cash expenses 40,088_ Total cash revenues 40,088
Total in -kind expenses 10,000_ Total in -kind revenues 10,000
Total project expenses 50,088 Total project revenues 50,088
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Siempre Flamenco
Date(s) of Project: 10/1110 - 9/30/11
Grant Award: $5,887.98 + $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 2388_ Equipment Rental
(NOT administrative)
Personnel – technical _ Space rental (Performance
Related Only) 2000
Outside artistic fees 2500
Marketing /Publicity 1000 Total Other Costs (itemize
Below)
Printing _
Description Amount
Postage —
TOTAL (must equal grant award): 5888 +2000
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
•
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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 for final 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 (Le. - all 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.
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