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FUNDarte M "'EACH IAMI. City of Miami Seach Cultural Affairs Program: and Cultural Arts Council Fiscal Year 201 , 1112, Cultural Affairs rant'A.greem nt This Grant Agreernent. is entered into this 27th day of SeWember 2014 be tween the City of Mi arlli Beach, Florida (the City), and (Grantee). Article i 1 Grant escrip #i'on Grantee' FUNOart-e Grant contact Ever Cha�rez Address: 7601 Byron Avevnue ,q uite 4 City, State., Zip Miami Beach,, FL 33141 Phone,, fax, e-ma 305.316.61650 305.867.1145., infbg�Ofundarte.us Grant amount $`'13.,246 �� c�f Faso ��:var�P �:aid upon exccc�+f�'cra , of th Agreement. Remaining 50% .,.: $2,000 Fresh Ai Fu nd paid upon com,plefio .. of:projecf and srabm fission and approval of Final aport Pro ect description: S ee Exh i bit 1 � a tta clued 'hereto 4, Itemize=d budget: See Exhibits 2-A Project. Budget, and 2 -B Grant Budget, attached hereto 5� Contract execution deadline: November 15, 2011 Expenditure deadline.. September 30, 2012 1 7. Project completion date: Sentem bet 30, 2012:. 8. Final Report deadline; Must be Dostmarked or delivered no later than 45 days after Project ;.x oenlplet on state: IN WITNESS VVHE.REOF, rh parties Jereto have executed this Agaeement this o— day Gf ; E 20`i:1. Math! rrera Bower Mayor Signature Robert Pa;cher,, City Glen STATE, DP F'L:a c I , C T%w-/as TY O I'�?fl�rMI -DADE fCrart9t�a' Corp orate eal:Ftere The foregoing, instrunien acknowledged before rye. \ th I5 d Otto b t Y 20f1, by , V C.Y' a r A O ly^m V At 3 Of V N a1Y' Q. 1 -� C , a east for - profit eorpGratim HelShe is pe:rsonaily knGwn, 40 me Gr :has ~ produced D Y i v e r as BRA TEE., identification Fed eral ID 4, B YG'. Y 6. V e Signature , of Notary i I'rt Name of Organization's .Auxh mated Representative (City Attorney Approval Here) Notat�� N'arrre DVAAjA0, D . PQAO, , APPROVED AS TO Notary Pau blic, Stag: of Florida FORM & LANGUAGE & FOR XECUTION 1 I`�IVC Expires.. r'1AY'C� 2- J OIIMAIDA D -PENOA (`� l5 tt �•: •": MY COMMISSION # DD87428 ( EXPIRES March 25, 2013 City torne �. ,.- Date - x :� X07 398-0153 Florida Service:com Article 11 f 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. Ail 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, 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 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 individual's 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 2 of 10 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 1I -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. - r 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. Defau It/Term i nation 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, 3 of 10 . 1 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 GrantIfunds 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 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, MiamiZeach, 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.11l / 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, 4 of 10 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 - f ' 5 of 10 Exhibit .1 / Revised Project Description Organization: FUNDarte Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved award. Please be as specific as possible; name of event, specific.dates, venues, times, artists, etc. Use extra page if necessary.. Project description as approved by Grants Panel GLOBAL CUBA FEST V - (03/16/12 - 3/18/12) at various venues: Some of the best Cuban artists from around the world perform during the fifth edition of this groundbreaking series that celebrates the diversity of artists from Cuba and the Cuban Diaspora. Caligula by Teatro E1 Publico, at the Colony Theater: Cuba's most controversial and cutting -edge theater company returns to Miami after two'sell -out performances in 2010 with a riveting contemporary adaptation of the classic Caligula by Albert Camus. (TICKETS: $20 -25). Interactivo in concert at the North Beach Bandshell: Interactivo is an internationally acclaimed Cuban fusion ensemble whose sizzling performances and recordings have been thrilling audiences in Europe and the Americas with their fusion of contemporary funk and timba, along with the traditional Cuban rhythms of danzon, bolero and son montuno, infused with generous helpings of jazz, rock and pop. Under the direction of founder Roberto Carcasses, Interactivo will present its first Miami concert, direct from Cuba! (TICKETS: $20 -25) Lariba in Concert at the North Beach Bandshell: A free concert featuring the contemporary fusion sound of Lariba, a Latin /rap /salsa ensemble based in Switzerland. Lariba's danceable and crowd- pleasing style of music fuses the power of Cuban rap with the elegance of Brazilian phrasings, the fury of HipHop with the fluidity of Jazz, the contagious energy of Reggae and Timba with the passion of Flamenco..Multilingual lyrics add universal appeal to this upbeat musical experience. (FREE ADMISSION) OUT IN THE TROPICS III — (05/11/12 — 05/13/12) — All at the Colony Theater The third edition of this cutting -edge GLBT festival presents exciting gay, lesbian, bisexual and transgender performing artists, who address broad gender and social issues, during three days of performances, workshops and panel discussions. Visiting artists will offer a series of workshops and presentations as part of the festival residency component, including a Master Dance Class offered by choreographer Sean Dorsey at Miami Contemporary Dance Company. The proposed artists and programs for this year's festival are: Toshi Reagon and BIGLovely in concert: This powerhouse performer is the daughter of Sweet Honey in the Rock founder. Bernice Johnson Reagon, and began appearing on stage with her mother since the age of 17. A versatile singer- songwriter - guitarist, Reagon transfixes her audiences with her no- holds- barred approach to rock, blues, 'R &B, country, folk, spirituals and funk. She has performed with such stars as Nona Hendryx, Elvis Costello, Ani Dif ranco, Pete. Seeger, Dar Williams, Lizz Wright, Me'shell NdegeOcello and Marc Anthony Thompson. Reagon's honors include a 2009 Out Music Award, the.2007 Black Lily Award for Outstanding Performance, and a 2004 New York Foundation for the Arts award for music composition. Reagon recently had the honor of performing With her mother at the White House. (TICKETS: $20 -25) Comparison is Violence or The Ziggy Stardust Meets Tiny Tim Songbook, by Taylor Mac. Obie Award winner Taylor Mac thrilled Miami audiences during his fist performance here in 2010 with his elaborate, outrageous costumes, brilliant performance techniques and cutting -edge humor. Spring - boarding on the success of his first Miami appearance, Mac returns to the Miami stage with this provocative and critically acclaimed new work after a recent presentation at the Opera House in Sydney. Australia (TICKETS: $20 -25) Sean Dorsey Dance in The Secret History of Love. The San Francisco - based transgender choreographer and b dancer brings his four- member dance company to The Colony for their first South Florida appearance to perform their celebrated new work, The Secret History of Love, a romp through the decades revealing the secret and not- so-secret ways that transgender and queer people have found each other ... and love. (TICKETS: $20 -25) i 6 of 10 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. GLOBAL CUBA FEST V - (03/31/12.) -at North Beach Bandshell: Some of the best Cuban artists from around the world perform during the fifth edition of this groundbreaking series that celebrates the diversity of artists from Cuba and'the Cuban Diaspora. Lariba in Concert at the North Beach Bandshell (2pmj: A free concert featuring the contemporary fusion sound of Lariba, a Latin /rap /salsa ensemble based in Switzerland. Lariba's danceable and crowd- -pleasing style of music fuses the power of Cuban rap with the elegance of Brazilian phrasings, the fury of r HipHop with the fluidity of Jazz, the, contagious energy of Reggae and Timba with the passion of Flamenco. Multilingual lyrics add universal appeal to this upbeat musical experience. (FREE ADMISSION) Interactivo in concert at the North Beach Bandshell (8pm} Interactivo is an internationally acclaimed Cuban fusion ensemble whose sizzling performances and recordings have been thrilling audiences in Europe and the Americas with their fusion of contemporary funk and timba, along with the traditional -Cuban rhythms of danzon, bolero and son montuno, infused with generous helpings of jazz, rock and pop. Under the direction of founder,Roberto Carcasses, Interactivo will present its first Miami concert, direct from Cuba! (TICKETS: $20 -25) OUT IN THE TROPICS III — (05/11/12 — 05/12/12 at the Colony Theater, with additional performances ' proposed for other dates and venues The third edition of this cutting -edge GLBT festival presents exciting gay, lesbian, bisexual, and transgender performing artists, who address broad gender and social issues, during two days of performances, workshops and panel discussions. Visiting artists will offer a series of workshops and presentations as part the festival residency component, - including. a Master Dance Class offered by choreographer Sean Dorsey at Miami Contemporary Dance Company. The proposed artists and programs for this year's festival are: Carrnelita Tropicana (www.carmelitatropicana.com), the Cuban- American "downtown lesbian diva" who has been mixing and matching identities and personas for more than two decades in her hilarious and touching one -woman shows, will return to South Florida after a long absence to premiere a new one- woman show. (TICKETS: $20 -25) Sean Dorsey Dance in The Secret History of Love. The San Francisco based transgender choreographer and dancer brings his four - member dance company to The Colony for their first South Florida appearance to perform their celebrated new work, The Secret History of Love, a romp through, the decades revealing the secret and not -so- secret ways that transgender and queer people have found' each other..'. and love. (TICKETS: $20 -25) 7of10 -F Exhibit. =A: Project Budget / Revised Total Project Budget Name of organization: FUNDarte Date(s) of Project: October 1, 2011 - September 30 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 15,400 Personnel - technical Contracted services 20,759 Personnel - administration 22,000 Tuitions .'Outside artistic fees /services 21,100 Corporate support 12.100 12,820 Outside other fees /services 18,600 4 Foundation support :. 12,500 Marketing /Publicity 1,0,000 5,000 Individual support 1,000 8,460 Space rental 5,500 Government grants Utilities 1,100 1`,000 Federal 4,975 Equipment rental 1,500 1,000 State 1.000 Office supplies 1,000 Other Costs: (Itemize below) Other Contributions (Itemize below). Printin /Postage 2,800 Hannibal Cox 10,500 Travel 8,000 4200 Cash on hand 1;Ob0 Ticketing 1,180 Hospitality 1,700 880 Office space 5,000 City of Miami Beach Grant Award 13,24.6 Fresh Air Fund $2,000.00 Total cash expenses 94,480 Total cash revenues 94,480 Total in -kind expenses 21,280 Total in -kind revenues 21,280 Total project expenses: 115,760 Total project revenues 115,760 CASH & IN -KIND CASH & IN -KIND 8 of 10 r .. . -- EXhibit 2.B: Project Budget/ Revised Grant Award Budget Name of organization: FUNDarte Date(s) of Project: October 1, 2011 - September 30, 2012 Grant Award: $13 + $2,000.00 Fresh Air Fund 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 (10N per category, so- long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel — artistic Equipment Rental s , (NOT administrative) Personnel — technical Space rental (Performance 1,546 Related Only) Outside artistic fees . 5,000 Marketing /Publicity 4 ;000 Total Other Costs (itemize Below) Printing 500 Description Amount Postage Outside Technical fees 4.200 :TOTAL. (must equal grant award): 15,24E ,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'prAoposed 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 {grogram accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 9 of 10 Grant::U.se 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 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 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, 4 Hospitality costs including decorations or affiliate personnel wih 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 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. 10 of 10