Composition, Inc. Grant Agreement ,, .;0//-0?)3-
G MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Miami Beach Arts Gala Grant Agreement
This Grant Agreement is entered into this 19 day of January, 2011, between the City of Miami Beach, Florida
(the City), and (Grantee).
Article I / Grant Description
1. Grantee: Camposition, Inc.
Grant Contact: Octavio Campos
Address: 770 NE 69 Street Ste. 2 -1
City, State, Zip: Miami FL 33178
Phone, fax, e-mail : 786.399.7375, octavioc camposition.org
2. Grant amount: $12,000 50% paid upon execution of this Agreement. Remaining 50%
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: February 15, 2011
6. Expenditure deadline: November 6, 2011
7. Project completion date: November 5, 2011.
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF; the pa ies hereto have executed this Agreement this // day of t'» , 2011. -1-ell."4/
M tti r� - ow r M (.2(/
Y or Signature
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Attest: kik, STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) this /1 day of 4 2011, by
OCre3 Vx) r'+ . ,4-evl Pa 5 of
£ I44( PQ , T'c A. --•'J ( , , a not - for - profit
corporation. He /She is personally known to me or has
produced t - Cke -/Or4 /71 kEie s C - r 4 f' as
identification.
GRANTEE: , . /len
Federal ID #: _ 20 -575 2356 Signatur- • Notary Public
BY: Octavio Campos, President Camposition Inc.
Printed Name of Organization's Authorized Representative
(City Attorney Approval Notary Name: jos Aiso - f 4d L
y pproval Here)
Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION My Commission Expires: /L 0V 2, PC)/)'
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. lin*i.,'` JOSE �tSO -PWOL
' = Mobry Pab c • State of Florida
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Ca .s Nov 2, 2014
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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.
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. Sleepless Night projects must also submit Final Report by November 15, 2011.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1 -2
(subject to the restrictions therein). 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.
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 (before September 30) except for Sleepless Night projects which will be
completed November 6, 2011.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 I-
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
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under this p
Agreement, ursuant to Article II -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:
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
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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 I -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 ID / 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,
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
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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-
- I '
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Exhibit 1 / Revised Project Description
Organization: Camposition, Inc.
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:
In collaboration with the Miami Life Center (letter attached) and the Switchboard of Miami
(letter attached), Camposition will organize, stage and choreograph up to 100 Yogi's on
specially designed Yoga mats to converge on the newly designed XO Stage at
SoundScape park located at the New World Symphony - Frank Gehry Campus for a 30 — 60
minute performance intervention. Utilizing the XO STAGE HD video wall and HD surround
sound system the performance installation will become a haven of peace and place of
empowerment for all that have experienced any form of bullying or discrimination of any
kind and to inspire spectators to participate, speak out and receive the tools necessary to
combat hate in their communities.
PLEASE DON'T HATE ME! is a consciousness event and campaign that addresses
everyone, young and old, specifically the sixteen million plus yoga practitioners in the U.S.
to look for the heroes within themselves to fight for equal rights for all and create a catalyst
for social change.
Unlike other hate campaigns and programming currently on the market (GIVEA DAMN,
CHARACTERS UNITE, FCK H8, IT DOES GET BETTER,etc...) which create awareness
PLEASE DON'T HATE ME! will become a direct CALL to ARMS to recruit new volunteers for
The Switchboard of Miami. SBM which is currently understaffed is looking for new heroes to
help on a daily basis in their call center to be the direct link to so many in need of
counseling an social services. SBM Miami receives more than 180,000 calls per year from
the Miami -Dade County community seeking help with basic survival needs; 13,000
teenagers asking assistance on matters related to suicide, substance abuse, physical
abuse, or sexual abuse; 4,200 victims of domestic violence; and 3,600 individuals with
concerns related to suicide.
Being different can be a good thing, but it doesn't always feel good. It's time for that to
change.
PLEASE DON'T HATE ME! will raise awareness, help the Switchboard of Miami recruit new
heroes and use the power of art and wellness to show that Miami Beach and Miami Dade
County are part of the global movement in the mission to transform hate.
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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.
UPDATES:
The project is basically the same except the name of the project is now INTENTION /INTERVENTION.
Instead of 100 Yogi's /martial artist's and dancers participating in the project after closer examination
of the space available at the XO SoundScape Park we are looking at a group of 50 artists in order to
accommodate the space to be able to give the audience a better experience.
Also, the length of the project will be 30 minutes and will feature
Natasha Tsakos (www.natashatsakos.com)
and the video work of Human Pictures Inc. (www. http: / /www.humanpictures.me).
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: Camposition, Inc.
Date(s) of Project:
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 1N-KIND CASH IN -KIND
Personnel - artistic 5000 450 Admissions
Personnel - technical 1000 Contracted services
Personnel - administration 800 Tuitions
Outside artistic fees /services 1800 Corporate support 1000 500
Outside other fees /services 5000 Foundation support 4050
Marketing /Publicity 3500 2000 Individual support 2000 2450
Space rental Government grants 3000
Utilities Federal
Equipment rental State
Office supplies Material 500
Other Costs: (Itemize below) Other Contributions (Itemize below)
Costumes 1000 500
Yoga Matts 3000
Insurance 450
City of Miami Beach Grant Award 12000
Total cash expenses 22050 Total cash revenues 10050
Total in -kind expenses 2950 Total in -kind revenues 2950
Total project expenses 25000 Total project revenues 25000
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Camposition, Inc.
Date(s) of Project:
Grant Award: $12,000
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 2000 Equipment Rental
(NOT administrative)
Personnel — technical 1000 Space rental (Performance
Related Only)
Outside artistic fees 5000
Marketing /Publicity 3500 Total Other Costs (itemize
Below)
Printing 500
Description Amount
Postage
TOTAL (must equal grant award): 12.000
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 (i.e. - all artists payments, separate from
advertising payments). Invoices AND checks must be dated within the 2010 -11 Fiscal
Year except for Sleepless Night projects, for which invoices and checks must be dated
prior to November 11, 2011.
• 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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