Josee Garant Dance Inc. MIAMIBEACH
City of Miami Beach Cultural Affairs Program,and Cultural Arts Council
Fiscal Year 2011/12 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: Josee Garant Dance 'Inc.
Grant Contact: David A. Dacquisto
Address: PO Box 530732
City, State, Zip: Miami, FL 33153 -0732
Phone, fax, e-mail: 305.619.0393, , david@ioseegarantdance.com
2. Grant amount: $6,484.25 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: November 15, 2011
6. Expenditure deadline: September 30, 2012
7.: Project completion date: March 31, 2012
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
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IN WITNESS WHEREOF, t e parties hereto have executed this Agreement this 3 day of ; 2011.
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Matti. H rera Bower, M yor Signatur
Attest: ` STATE OF FLORIDA, COUNTY UF MIAMI - DADE
Robert Parcher, City. Clerk The foregoing instrument wa ackno dged before me
(Grantee's Corporate Seal Here) - this d of 2011, by
_ IS of
anot - for - profit
corporation. He/She is ersonally known tome r has
produced as
ide if ;
GRANTEE:
Federal ID #: Signat re of Notary Public
'Printed Name of Organization's Authorized Representative Notary Name: -
(City Attorney Approval Here) Notary Public, State of Florida
APPROVED AS T4
FORM & LANGUAGE 3 o
& FOR EXECUTION My Commission Expires:
0 041" , x,., ' . CLAUDIA V. CUBILLOS
'a•. Notary Public - State of Florida
s • • : • = My Comm. Expires Sep 23, 2015
ate �'"+ Commission #E EE 128810
• Y•``` Bonded Through National Notary Assn.
Article.11 / 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 Manages
within 45 days of the Project's 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 15, 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 I -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. 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.
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.
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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 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 I1 -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 dosses 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, asset forth herein, to indemnify, hold harmless avid
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
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 _byreference.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 terminationdate.
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. .
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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 fora 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 tothe 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 Mlami.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 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.
20004 of 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 Jn 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.
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The City also endorses the mandate of the Rehabilitation Act of .1 „973 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 ll / Revised Project Description
.,Organization: Josee Garant Dance.Co.
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 specific possible; name of
event, specific dates, venues, times,, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel
Josee Garant Dance Inc. (JGD) will launch its first season in 2011 -2012 with the world
premiere of Elemental Journey. Air, Land, Water (Elemental Journey)., a original concert
length, contemporary dance driven multi -media performance choreographed by award
winning JGD artistic director, Josee Garant. Elemental Journey is a five -part dance adventure
through South Florida's natural habitats that explores the sounds, movements, and patterns
found in nature. Through dance, music, sound, poetry, and media arts, the work will guide
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audiences through the wonder and beauty of South Florida's tropi'cal'environment with the
'intended outcomes of a deepened viewer. appreciation for contemporary dance — integral to
the JGD mission a heightened awareness for the fragility of the South' Florida
ecosystem, especially as it is by people and modernity. Performances to date are
scheduled for February 11 and 12, 2012 at The Colony Theater in Miami Beach.
Each ofAhe five sections of Elemental Journey focuses - on different aspects of Florida's
tropical paradise, beginning with "Air in an exploration of birds. The second piece is a non-
stop journey on. "Land" through, the intertwining life of the mangrove followed by a third piece
taking the viewer -into the speedy rhythmic and kinetic world of lizards. The fourth and fifth
pieces explore _ "Water "with its unpredictable range of temperament and movement through
the ocean and fragile reefs.
The project is a two -year collaborative effort initiated in 2010 between Ms Garant and
composer Harold Meltzer, co- artistic director of New York's Sequitur New :Music Series. This
proposal seeks to implement the activities described below during the grant cycle 2011 -2012
that will allow for the completion of the creative work, performances, and 'educational
;outreach, all to help JGD meet its goals and objectives.
Collaboration •is at the heart of JGD mission. Mr. Meltzer's musical sensibility compliments
Ms. Garant's choreography inspired by chamber contemporary music of the 20th and 21st
centuries. Meltzer's compositions provide a natural framework for Garant's forward- thinking
choreographic language that is. translated both by movement and a variety of art genres that
exemplify the best in contemporary dance, i.e., Elementary Journey. The work will also
integrate the creative visions of media artist, Jacek J. Kolasinski, recipient of a South Florida
Cultural Consortium Fellowship; costume designer, Anne Armit, Director of Wardrobe for the
Royal Winnipeg Ballet; and Lighting Designer, Jos:ua Gumbinner, resident lighting designer,
and technical director for Miami's New World School of the Arts. This collaboration will come
alive on stage with Five performances by the Amernet String Quartet, Ensemble -in- Residence
at FIU, award winning Florida poet, Mia Leonin, and 5 of South Florida's finest contemporary
dancers.
- Elemental Journey also .offers ample opportunities'to further the educational aspect of the
company's mission. The work will target and appeal.to audiences for dance, new music,
media arts and spoken word' providing an� opportunity for each'audience to experience and
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enjoy the beauty of work that crosses creative boundaries and expanding the audience for
dance with_ audience members from other art
In addition to the general audience for each art form, each of the artists taking part in,
Elemental Journey has a audience base to draw from that will help to'build the audience for
dance.
The work will serve as a vehicle to engage students .and audience members to realize their
capacity for critical thinking and visual learning. Using the following activities, JGD will help
the viewer connect those visual images and sound sensations experienced during the
performance, both non - literal and metaphoric, with the very concrete issues they experience
in everyday life.
Performances February 11 and 12, 2012 *at The Colony Theater in Miami Beach.
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
Name of organization: Josee Garant Dance Co.
Date(s) of Project: February 11, 2012 and February 12, 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 $9,000 Admissions $10,000
Personnel technical Contracted services
Personnel - administration Tuitions
Outside artistic fees /services $24,700 Corporate support
Outside technical fees /services $1,500
Outside other fees /services Foundation support
Marketing /Publicity . $7,200 Individual. support $20,064.75
Space rental 6 100 Government grants
Utilities Federal
Equipment rental State
Office supplies Miami -Dade $6,450
Other Costs: (Itemize below) Other Contributions (Itemize below)
Costumes 3 500 Personnel- artistic $9,000
City of Miami Beach Grant Award 6,484.25
Total, cash expenses $43,000 Total cash revenues , $43,000.
Total in -kind expenses $9,000 Total in- kind 'revenues 9 000
Total project expenses $52,000 Total project revenues $52,000
CASH & IN -KIND CASH &' IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
':. Name of organization:. Josee Garant Dance Co.
Date(s) Of Project:
Grant Award: $6,484.25
' 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 (1.0 %) per category, so long as said expenditures do not exceed the total amount of Grant funds
Grant Expenses
Personnel artistic Equipment Rental
Personnel. technical Space rental (Performance
Related Only) $2,500
Outside artistic fees $1,234:25
Marketing /Publicity $2,000 Total .Other Costs (itemize
Below)
Printing .
Description Amount
Postage Costumes 750
TOTAL (must equal grant award): $6,484.25
a 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 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 less 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. (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
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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