Miami Momentum Dance Company, Inc. _ /\AIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2012/13 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach,
Florida(the City), and (Grantee).
Article I / Grant Description
1. Grantee: Miami Momentum Dance Company, Inc.
Grant Contact: Delma Iles
Address: PO Box 331973
City, State, Zip: Coconut Grove, FL 33233-1973
Phone, fax, e-mail: 305.858.7002, mdanceco(D-bellsouth.net
2 Grant amount: $7,029.84 50%of base award paid
upon execution of this Agreement. Remaining 50% +$2,000 Fresh Air
Fund 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, 2012
6. Expenditure deadline: September 30, 2013
7. Project completion date: _May 19, 2013
g Final Report deadline: Must be postmarked or delivered no
later than 45 days after Project completion date.
IN WITNESS WHEREOF, a parties hereto have executed this Agreement this_13 day of November_,2012.
Matti Aerrera Bower, Mayor
Attest:
Signature /goleVIV
Rafael Granado, City Clerk
(Grantee's Corporate Seal Here) STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
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My Commission Expires:
Article II / 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. 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, 2013, must submit their final reports no later
than November 15, 2013. New Grant awards will not be released until all Final Reports for previous
years' funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle
Theatre. In awarding this Grant, the City assumes no obligation to provide financial support of any type
whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee.
The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval
of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and
conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits
by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to
discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized
Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program
participants.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in
accounts in established Miami-Dade County banks or savings and loan associations whose identities shall
be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year
for which they are approved (October 1 - September 30).The Grantee shall keep accurate and complete
books and records of all receipts and expenditures of Grant funds, in conformance with reasonable
accounting standards. These books and records, as well as all documents pertaining to payments received
and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and
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canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-
Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the
Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by
the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial
records of the Grantee, whether or not purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 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 II-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.
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Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for grants in future fiscal years.
b. For more than first-time violations - Any compliance infractions beyond first-time violations will
be considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his
consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts
Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain
within the sole discretion of the City.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee
as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen
(15) days after the Expenditure Deadline. If such funds have been committed but not expended, the
Grantee must request in writing from the Cultural Affairs Program Manager an extension of the
Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon
demand by delivering to the Cultural Affairs Program Manager a certified check for the total amount due,
payable to the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may
be available to it under the law.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach
or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the
provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time
throughout the term of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when
delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address
specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural
Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700
Convention Center Drive, Miami_Beach, Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within
this agreement and its attachments, are to be considered in construing its terms. No modifications or
amendments may be made to this Agreement unless made in writing signed by both parties, and approved
by appropriate action by the Mayor and City Commission.
Article III / Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that 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:
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The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or
sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance
as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time,
prohibiting discrimination in employment, housing and public accommodations on account of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or
age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to
remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment
opportunities that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access
and equal opportunity and services without discrimination on the basis of any disability.
19: GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida both substantive and remedial without regard to principles of conflict of laws. The exclusive venue
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for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and
the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 / Revised Project Description
Organization: Miami Momentum Dance Company, 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:
Miami Beach Residency 2012-13. This project will be comprised of five components:
10th Annual Miami Dance Festival:
- 2 concert performances by Momentum at the Colony Theater (April 5 & 6, 2013) Tickets: $25 in advance $30 at the door
$15 students and seniors. These will include the premieres of 2 new works by Artistic Director Delma Iles: one group work
and one duet.The duet will explore the use of video projections with the choreography.The program also includes one work
from repertory that has not previously been performed on Miami Beach.
-An Evening of Environmental Dance at the Miami Beach Botanical Garden (April 17, 2013). Free outdoor event. Working
improvisationally, dancers create movement sequences inspired by the plant life and art installations in the Garden using
shapes,textures, movement, and volume as a springboard for organic movement that resonates with the natural and created
environment. Each performance is a new and unique creation.
- A shared performance at the Colony Theater April 7, 2013 with Dance Alive" from Gainesville, one of Florida's most
distinguished dance companies. Dance Alive has not performed in Miami in over 20 years.This will include works that Dance
Alive has never performed in Miami along with the new Momentum works described above.
- A new Water Ballet by Delma Iles. Location TBA, April 22; 2013. Free outdoor event. Iles uses elements of synchronized
swimming, contact improvisation, and contemporary dance to create a unique, only in Miami Beach aquatic dance form.
Momentum's water ballet program in 2011 as part of Sleepless Night attracted standing room only crowds!
For Kids:
-4 children's performances at the Miami Beach Botanical Garden in association with other children's events conducted by
the Garden. Free Family events. November 2012, January 2013, March 2013,April 2013 exact dates to be arranged with the
Garden. None of these works has previously been performed on Miami Beach.
Counting Songs - This fun action packed 50-minute performance teaches younger children their numbers 1-10 while
simultaneously teaching the multiplication tables to older kids. Each number comes to life with an original song by local
composer Devin Marsh and a dance by Momentum's delightful, goofy, and high-energy dancers. Each song is in a different
musical style (jazz, reggae, rock, Caribbean, classical, rap) and each dance has a special element such as puppets,
scarves, stuffed animals, rhythm instruments and more! "Counting Songs" is the most fun you can have doing math!
Mark Twain's Jumping Frog of Calaveras,County— Beloved American author Mark Twain's hilarious classic short story
comes to life through dance. Smiley, the gambler, bets his frog can out-jump any frog in Calaveras County; but the
mysterious stranger has something up his sleeve! The story is told through Mark Twain's prose, bluegrass and country
music, colorful costumes and high-jumping dance movement!
A Dancing Imagination-Momentum shows kids how any topic can be fodder for dance by using your imagination. Duet is an
unusual pas de due for a dancer and electric car. I See a Song explores how we can "see" music and "hear" color. Bubble
Wrap has the dancers popping that irresistible stuff through'rhythms in their feet, ballet steps,jumping and rolling and more
hilarious antics.
New Children's Ballet. Subject TBA.
*Please note that Momentum is a statewide leader in educational children's programming. We have a large and loyal
following. Most children's performances are standing room only. We have a separate email list especially for the family
audience that has been built through years - of programming.
"The participation of Dance Alive is contingent upon receipt of grand awards from either the Florida Touring Program or
SouthArts touring initiative
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Protect 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.
Miami Beach Residency 2012-13. This project will be comprised of five components:
10th Annual Miami Dance Festival:
• 2 concert performances by Momentum at the Colony Theater (April 6, 2013 at 2:00 Pm & 8:00 PM) Tickets: $25 in
advance $30 at the door $15 students and seniors. These will include the premieres of 2 new works by Artistic Director
Delma Iles: one trio and one duet. The program also includes the Miami Beach premiere of Eleanor King's historic work To
The West,and three works from repertory.
•An Evening of Environmental Dance at the Miami Beach Botanical Garden (April 17, 2013). Free outdoor event. Working
improvisationally, dancers create movement sequences inspired by the plant life and art installations in the Garden using
shapes,textures, movement, and volume as a springboard for organic movement that resonates with the natural and created
environment. Each performance is a new and unique creation.
• A new Water Ballet by Delma Iles. National Hotel Pool Deck, April 22, 2013. Free outdoor event. Iles uses elements of
synchronized swimming, contact improvisation, and contemporary dance to create a unique, only in Miami Beach aquatic
dance form.
Family Day at the Miami Dance Festival, Sunday, April 7 at the Colony Theater at 4:00 PM. Momentum will perform its
newest children's work, Three Chinese Pictures as well as Carnival of the Animals. Free Admission with voluntary
contribution requested.
For Kids:
• 2 children's performances at the Miami Beach Public Library. At this time there is agreement with the Miami-Dade Public
Library System to perform these shows, but dates have not been assigned due to the recent retirement of Lucrece
Louisdhon, Director of Cultural Programming. We will assign dates as soon as a new staff member is appointed.
Counting Songs - This fun action packed 50-minute performance teaches younger children their numbers 1-10 while
simultaneously teaching the multiplication tables to older kids. Each number comes to life with an original song by local
composer Devin Marsh and a dance by Momentum's delightful, goofy, and high-energy dancers. Each song is in a different
musical style (jazz, reggae, rock, Caribbean, classical, rap) and each dance has a special element such as puppets,
scarves, stuffed animals, rhythm instruments and more! "Counting Songs" is the most fun you can have doing math!
New Children's Ballet: Three Chinese Pictures plus The Ugly Duckling.
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name of organization: Miami Momentum Dance Company, 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 IN-KIND CASH IN-KIND
Personnel - artistic 17,129.84 1,000 Admissions 10,000
Personnel -technical 3,000 Contracted services 2,000
Personnel - administration 5,000 1,000 Tuitions
Outside artistic fees/services 1,000 1,000 Corporate support
Outside other fees/services 2,500 Foundation support 2,000
Marketing/Publicity 10,000 3,000 Individual support 5,000 3,000
Space rental 4,200 5,100 Government grant 14,000
Utilities 400 Federal
Equipment rental 300 State 2,500
Office supplies 200
Other Costs: (Itemize below) Other Contributions (Itemize below)
Insurance 800 City of Miami 2,100
Miami Dade Colleqe 3,000
WLRN Public Radio 3,000
City of Miami Beach Grant Award 9029.84
Fresh Air Fund $2,000:00
Total cash expenses 44,529.84 Total cash revenues 44,529.84
Total in-kind expenses 11,100 Total in-kind revenues 11,100
Total project expenses 55,629.84 Total project revenues
CASH & IN-KIND CASH & IN-KIND55,629.84
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Exhibit 2-13: Project Budget/ Revised Grant Award Budget
Name of organization: Miami Momentum Dance Company, Inc.
Date(s) of Project:
Grant Award: $7,029.84 + $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 (10%) per category, so long as said expenditures do not exceed the total amount
of Grant funds
Grant Expenses
Personnel —artistic 1,000.00 Equipment Rental
(NOT administrative)
Personnel —technical 2,000.00 Space rental (Performance 4,000.00
Related Only)
Outside artistic fees
Marketing/Publicity 1,229.84_ Total Other Costs (itemize
Below)
Printing
Description Amount
Postage Video Documentation 800.00
9,029.84
TOTAL (must equal grant award):
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 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
• 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 2012-13 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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