Florida Dance Association ]AM]BE ACH
City of Miami' Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011112 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami - Beach,
Florida (the City), and (Grantee).
Article I / Grant Description
1 . Grantee: Florida 'Dance Association
Grant Contact. Bill Doolin
Address: 111 SW 5th Avenue Suite 202
City, State, Zip:, Miami, FL 33130
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Phone, fax, a -mail : 305.310.8080, 305.547.11 billd CaD-floridadanceassociation.orQ
2. Grant amount: $13,061 50% paid upon execution of _this Agreement: 'Remaining50%
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 -13 Grant Budget, attached hereto
5. Contract execution deadline:, November 15,201'1
6. Expenditure deadli September 30, 2012
7: Project completion date: Eebru: 9� -2012
8. final Report deadline: Must be postmarked or delivered later than 45 days after Project
completion date.
IN WITNESS WHEREOF, t e parties hereto have.executed this Agreement this day of 0� . , ✓ , 2011.
Mdlti Fickrera Bower, Mayor Signature
Attest:: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
ro
Robert Parcher, City. Cie& The fore oing instrument was acknowledged before me
(Grantee's Corporate Seal Here) this " 'day of 1.�� c,�j�V/ 2011, by
f �
U 00 L VIt of
a not - for - profit
corporation. He /She is personally, known to me or has
produced f(V'''��'� 3`4,1 as
identification.
GRANTEE:
SignatbZp_f_N bl ic
Federal ID #: 59- 1760273 -----
BY:_ Bill Doolin
Printed Name of Organization's Authorized Representative Notary Name: ir-e
(City Attorney Approval Here) I Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE My Commission Expires: 0 2,/ 0 f
8� FOR EXECUTION -
t� o tPA Y p go G Notary Public state of Florida
Andres Jose Olivares
c 61
a� My Commission DD8029
City Attorne
D "%1 �o�� Expires 07/02/2012
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 specifie d. in the itemized Grant Award Budget, attached hereto as Exhibit 2 -B. A mandatory ,
dollar for dollar ($1 to $1) Imatth 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 ro'ect budg Line item chap percent es to said Budg shall not exceed ten 10% per cate o
p J 9 9 9 P( ) p gory,
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 -13 shall not be permitted without the prior written
consent of the CulturalAfiairs Said requests Manager. Sai 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 isfulfilling, 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 Cultural Affairs Program Manager
within 45 days of the Projects completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2012, must submit their final reports no later than November 1.5, 2012. 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). In awarding his Grant the he 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 Projectf 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 Affai �s 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.
Furthermore, the City may, at its expense, audit or have audited,. all the financial records of the Grantee,
whether not purported to be related to this Grant.
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8. Publicity and Credits The Grantee must include the City of Miami Beach logo and the following credit
line in all publications relat to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council.
Failure to do so may precl 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 th 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 office_ rs, 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,
includin a ellate p roceeding s, and shall a all costs, judgments, and ,attorne s' fees which may issue
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thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement,
or otherwise provided, sha in no, way limit its obligation, asset forth herein, to indemnify, hold harmless and
defined the City or its officersemployees, agents and contractors as herein provided.
If the Grantee is a g entity, this indemnification shall . only be. to the extent and within the
limitations of Section 768.2!8 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. .Combliance with Laws The Grantee agrees to abide by and be governed by all applicable Federal,
State, and City,laws, including butnot limited to Miami -Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VI I 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 installme � is 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 maybe 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 the possession or under the control of the Grantee as of
Deadline specified in Article 1 -5 must be returned to the City within fifteen (15) days
the date of the Expenditurel
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.
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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 remediesthat 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 stall 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 anytime 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 they 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 331.39 -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.
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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 her 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 anyprogram 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 q i alified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
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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 w { ithout discrimination on the basis of any disability.
19. GOVE'R'NING 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.
P
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 INTENTIONALLY BLANK-
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Exhibit 1 I Revised Project Description
Organization: Florida D l ance Association
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, time artists, etc.; Use extra page if necessary.
Project description as approved by Grants Panel
Florida Dance Association will also produce the 4th Florida Dance Festival WinterFest (FDF
Winterfest) December 27 January 28, 2012 in Miami and. Miami. Beach. The Festival will present 7
evenings of public performances by regionally nationally and internationally guest
companies and artists during a period -from December 30, 2011 — January 28, 2012. Performances will
be presented, at.the Colony Theater in, Miami Beach, New World School of the Arts in Downtown
Miami and South Dade Performing Arts Center in Cutler Ridge. FDA will present works by guest
artists Jennifer Nugent & Paul Matteson (NY), Ballroom' Dancing for, Tough Guys (Brooklyn), Dance
Miami, a program showcasing winners for the Miami Dade County Dance Choreography Fellowships
and Brian Brooks Moving Company (New York). All Artists wilt teach master classes in their
appropriate fields of dance during the week before their performances at venues throughout Miami
Dade County.
Performance Schedule
c) Jennifer Nugent & Paul Matteson, December 30, 2011, New World Dance Theatre, Miami
a) Miami Dances — Jan. 6 & 7, 2012, Colony Theatre, Miami Beach
-b) Brian Brooks Moving Company — Jan. 14, 2012, Colony Theatre, Miami Beach
d) Jennifer Archibald Residency - Jan 18 -21, 2012 — Performance.- Jan 22, 2012_, South Miami Dade
} Cultural Arts Center, Cutler Ridge
e) ' AXIS Dance Company — January 27 & 28, 2012, Colony Theatre, Miami Beach, Co- produced with
danceAble partner Tigertail.Productions: ;
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FDA will also support and sponsor the Performance .of choreographer Wally Cardona, produced by
Tigertail Productions. as apart of WinterFest on Saturday, January 21, 2012. It's costs are not
included in this project.
No Changes to the Miami Beach portion of this project.
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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.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
See Attached Speadsheet
Name of organization: Florida Dance. Association
Date(s) of Project: December 27, 2011 - January 28, 2012
- 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
'Personnel - technical Contracted services
Personnel - administration Tuitions -
Outside artistic fees /services Corporate support
Outside other fees /services , Foundation support
Marketing /Publicity Individual:support
Space rental Government grants
- Utilities Federal
Equipment rental State
Office supplies
Other Costs: (Itemize below) Other Contributions (Itemize below) -
City of Miami Beach Grant Award 13,061,
Total cash expenses 'Total cash revenues
Total - in -kind expenses : Total in -kind revenues
Total project expenses Total project revenues
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization:. Florida Dance Association
Dates) of Project: 'December 27, 2011 -January 28, 2012
Grant Award: $13,061
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
r Grant Expenses
Personnel — artistic Equipment Rental
Personnel technical 'Space rental (Performance
Related Only)* 2,061
Outside artistic fees 10,000
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage . Technical Coordination 1,000
TOTAL (must equal grant award): $13,061
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):
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• Remuneration of City of Miami Beach employees for any services rendered as p art 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 less than the cost of
rental. I-
• 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 2011 -12 Fiscal
Yea
• 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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