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Grant Agreement with Brazz Dance Theater, Inc. for $7,583.36 (2 0/3=02 9/y/ EN llgr ,. _ City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2015/16 Cultural Affairs Grant Agreement This Grant Agreement("Agreement")is entered into this day of September, gm, between the City of Miami Beach, Florida (the"City"),and("Grantee"). Article I/Grant Description • 1. Grantee: Brazz Dance Theater, Inc. Grant Contact: Augusto Soledade Address:. P.O. Box 655130 • City, State,Zip: Miami, FL 33265 Phone,fax,e-mail : 786.338.5488,augusto(abrazzdance.com 2. Grant amount: $7,583.36("Grant"or"Grand Funds")50%paid upon execution of this Agreement. Remaining 50%paid on completion of Project and submission and approval of Final Report. 3. Project Description: ' See Exhibit 1,attached hereto("Project"or"Project Description"). 4. Itemized budget: See Exhibits 2-A(Project Budget)and 2-B(Grant Award Budget),attached hereto. 5. Contract execution deadline: November 15,2015 6. Expenditure deadline: September 30,2016 7. Project completion date: June 30, 2016 8. Final Report deadline: Must be postmarked or delivered no later than 4a days after Project completion date. - d IN WITNESS W, R E hereto have executed this Agreement this 2� day of NoVe4Y)be,-,2015. ,!Z Philip L-',ine _ �� �wi%% Signature �41k � Att : ' �`w' P'". I # TATE OF FLORIDA COUNTY OF MIAMI-DADE Granada,City erk ,,��� � ` ,� �•.. Gforegoing instrument was acknowledged before me r antee's Co ••rate Seal Here i :I NCOR ''�\ 1.0.1, /ICY day of Aicwry b� 2015,by P OR l * .9(L5h7 �le�(7J. of �Q. C- .. ?Z //O I0 11.C_G1i -' a not-for-profit �`� �1'' •.,,,..., • ••\"J •rporation. He/She is personally known to me or has II+_ 26 ' produced FL I _ .39'33-co.3-bc—O�/-a as �` wt.-w%%" identification. GRANTEE: C Federal ID#: t.%t r 3JF,) i7 BY: 11-06V61-1) 5O Signature of Notary Public Printed Name of Organization's Authorized Representative (City Attorney Approval Here) ,. Notary Name:1thi!/(a APPROVED AS TO Notary Public,State of Florida FORM & LANGUAGE & FOR EXECUTION- My Commission Expires: 4,0.1r: or s, MARIA E. GOM 14. Notary EZ-PINTO JM yPl rbCary Attorney Date ?; Commsy Co mm, 2019 ikind.d 2i.Ala �YAtfi. 8. Accounting and Financial Review: Any activities funded by this Grant must take place during the City's fiscal year for which the Grant is approved (October 1 - September 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant Funds, in accordance with reasonable accounting standards, and shall retain such books and records for at least four (4) years after completion of the Project. 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 1-6. At the request of the City, Grantee shall provide the City (and/or its designated representatives) reasonable access to its files, records and personnel during regular business hours for the purpose of making financial audits, evaluations or verifications, program evaluations, or other verifications concerning this Grant, as the City deems necessary. 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. 9. Publicity and Credits: Throughout Calendar Year 2015, the Grantee must include the City of Miami Beach Centennial logo and the following credit line in all publications (where appropriate) that are related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Beginning January 1, 2016, the Grantee shall replace the City's Centennial logo with the City's standard logo in all publications (where appropriate) that are related to the Grant. Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if the Grantee defaulted under this Agreement, pursuant to Article 11-12. Except as specified herein, Grantee shall not use the name, trademarks, or logos of the City without the City's advance written approval. 10. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, 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 of 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 defend 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 Statutes, 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 $200,000, 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 $300,000 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. 11. Assignment: The Grantee shall not be permitted to assign this Grant to any other party. Any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-13. 12. 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 3 of 9 Article Ill / Miscellaneous Provisions 18. 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 Agreement. 19.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.),which prohibits 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 Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, intersexuality, sexual orientation, disability, marital status, financial status, or age. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers that 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. Accordingly, the City requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 20. 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 INTENTIONALLY LEFT BLANK. 6 of 9 Exhibit 1 / Revised Project Description Organization: Brazz Dance Theater, Inc. Instructions: Describe the Project, in complete detail, as approved by the Grants Panel. In a separate narrative, detail all revisions to the Project, as approved by the City Commission. Please be as specific as possible, and include the name of any events, specific dates, venues, times, artists, etc. Use an extra page if necessary. Project description as approved by Grants Panel: We request funds to support the performance of"Mist", a concert of repertory work,on April 1 and 2, 2016 at 8pm at the Colony Theatre."Mist"will feature Augusto Soledade Brazzdance's signature works including "Cordel", an abstract dance premiered in 2011 that links themes of marginalization and social tensions of various cultures to show the universality of the human experience.Tango, Hip Hop and Cordel literature have a common thread in that all three art forms emerged from communities faced with poverty and inequality.The work features four dancers.The history and social implications of the Argentine Tango and American Hip-hop culture as well as the literary tradition of Cordel in the Northeast region of Brazil served as inspirations for the creation of this abstract dance work.Another repertory piece to be part of the bill is"Kayala", premiered in 2010 at the Byron Carlyle Theater. In Kayala, Soledade uses an Afro-Brazilian folktale as inspiration for the creation of the work. The book How Night Came from the Sea, an Afro-Brazilian folktale,told by Mary-Joan Gerson sparked the choreographer's interest to draw ideas from some of the literary images in order to explore the concepts of Night and Day, and create a contemporary dance that is appropriate to all ages. Fast paced, energetic and intense movements are used to represent a sense of Day while Night brings a calmer and soothing aspect to the work. The contrastfound in Kayala makes the work dynamic,entertaining,and a pleasant celebration of Afro-Brazilian heritage.Both"Cordel"and"Kayala"would be performed at the Colony Theater for the first time. Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects funded by Grants 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. Our revised project envisions the performance of"Mist"as described in original proposal,and an additional guest appearance by Brazilian Voices,a women's vocal ensemble that performs Brazilian music at the Gleason Room at the Fillmore Miami Beach on March 18 and 19 at 8pm. 7 of 9 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: Brazz Dance Theater, Inc. Date(s) of Project: March 18 and 19, 2016 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 18000 Admissions 3316 Personnel -technical 1700 Contracted services Personnel - administration Tuitions Outside artistic fees/services 1800 Corporate support Outside other fees/services Foundation support Marketing/Publicity 1500 Individual support 1463 Space rental 6000 Government grants Utilities Federal Equipment rental State 4000 Office supplies Other Costs: (Itemize below) Other Contributions (Itemize below) Insurance 363 DAN Grant 7000 Gleason Rent Waive 6000 City of Miami Beach Grant Award $7,583.36 Total cash expenses 29,363 Total cash revenues 29,363 Total in-kind expenses 7000 Total in-kind revenues 7000 Total project expenses 36363 Total project revenues 36363 CASH & IN-KIND CASH & IN-KIND 7 of 9 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Brazz Dance Theater, Inc. Date(s)of Project: March 18 and 19, 2016 Grant Award: $7,583.36 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. (Cultural Anchors are excluded from these restrictions.) Grant Expenses Personnel—artistic 7583 Equipment Rental Personnel—technical Space rental (Performance Related Only) Outside artistic fees Marketing/Publicity Total Other Costs (itemize Below) Printing Description Amount Postage TOTAL(must equal grant award): 7583 Allowable Grant Expenditures Related 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; and • 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. 8 of 9 Grant Use Restrictions Grant Funds may mot be used towards the following activities or items: • Remuneration of City of Miami Beach employees for any services rendered as part of a project funded by the City's Cultural Affairs grant programs; • Administrative salaries or fees(Cultural Anchors are excluded from this restriction); • "Brick and mortar" expenses or permanent equipment; unless the purchase price is less than the cost of rental; • City of Miami Beach fees or 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 are excluded from this restriction); • Travel or transportation; • Insurance Fees (Cultural Anchors are excluded from this restriction); • Social and/or 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; and • 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 by the Cultural Affairs Program Manager. Required supporting materials for final reports. • Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (copies of both front and back) and proof of expenditures of Grant monies. GRANTEE SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND CANCELLED CHECKS, ETC. ACCORDING TO THE CATEGORIES SET FORTH IN THE GRANT BUDGET (i.e. - all artist payments shall be separate from advertising payments). Invoices and checks must be dated within the 2015-16 Fiscal Year. • Proof of City logo and credit line in Project publications and advertisements. • Proof of performance(s), such as programs, brochures and flyers. 9 of 9