Maximum Dance Co Grants Ag.
.. i ...
City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 1t'r\ day of ~"I.V~ ' 20Q)..between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts COunCI (collectIvely, the CIty), and
Maximum Dance Company (Grantee),
Article I / Grant description
1.
Grantee:
Address
Maximum Dance Company
9210 S.W, 158 Lane
Miami FL 33157
305- 259-9775 305- 259-3160 maxdance@worldnet.att.net
$9,500 500A paid upon execution of this Agreement.
City, State, Zip
Phone, fax, e-mail
2.
Grant amount:
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and acknowledges, that the original500A remaining balance of the grant amount may be reduced by the City
as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by
the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant
amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall
constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee
further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a
result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002,
and upon completion of Project, submission and approval of final report.
3. Project description: See Exhibit 1, attached hereto
4, Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5, Expenditure deadline: September 30. 2002
6, Project completion date: A{>'(; \ 30 ).OO}-
,
7. Report deadline: No later than 90 days after Project Completion Date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of J/l.l'\.vo..j ,20(g....
C
BEACH
GRANTEE! Y\~IV\.V'l'^ 'DQ.I'I.<LCo~o.oU1
Print Name of Organization \
FederalID# 'S-07539~o
BY: :btrlt'liS G"dtN Q.nJs
~e of Chairman or President
. -<./~?,rp~~
Signature
~tPa.-dur-
Robert Parcher, City Clerk
BY: K\",^'!>~ ~n-oV\ MC.\kn.~
Print Name of xecutive Director
(Grantee's Corporate seal)
Si
,-
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1tt~ 1-'(..02-
8Y1-0>\' ate
Article II I 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 Executive Director ofthe City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director ofthe Council."
2, Proiect Descriotion: 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 tenns of this Agreement,
and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. 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. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall' not be
pennitted without the prior written consent of the Director ofthe Council. Said requests shall be made in advance to
the Director, in writing, detailing and justifYing the need for such changes,
All Grant recipients must participate in at least one ArtsBeach Second Thursdays (see Article ill-I 9).
The following City of Miami Beach" Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s).
Miami Beach" Anchors" for 2001/2002 are defined as follows:
ArtCenterlSouth Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualifY it
from future consideration from the City's Cultural Arts Grant Program,
3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director ofthe Council within 90 days ofthe Project's
completion, Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50"10 of their
Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's
Fiscal Year on September 30, 2002,
4. Amount of Grant and Pavrnent Schedule: The total amount of the Grant is specified in Article 1-2 (subject to
the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide fmancial support of any
type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant
funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval ofthe award.
5, Prol!l'8l11 Monitorin!!: and Evaluation: The Director of the Council may monitor and conduct an evaluation of
operations and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bondin!!:: 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds.
7, Accounting and Financial Review: The Grantee must 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, such as
vouchers, bills, invoices, receipts and canceled checks, shall be 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 Director ofthe Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice, Furthermore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, 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 MiamJ Beach CultlU'tll Arts Council logo and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH, 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 11-12.
9, Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents and instrumentalities 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 employees, agents, servants, partners, principals or subcontractors, 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 ofthe City, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and attomeys' 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 the responsibility to indemnify, keep and save
harmless and defined the City or its officers, employees, agents and instrumentalities 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 anyone 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 ofthe same incident or oo:urrence, 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 is not 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.
II. Comoliance 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 iffully set forth herein.
12. Defaultlrermination Provisions: In the event the Grantee shall fail to materially conform with any ofthe
provisions of this Agreement, the Director of the Council may 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 a breach of any term or condition of this Agreement, upon
five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
of the date that the written demand is received, In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for
another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds.
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 Director of the Council an extension of the Expenditure Deadline which, if approved, shall be for a period not to
exceed one (l) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida,
These provisions do not waive or preclude the City from pursuing any other remedies that may be available
to it under the law.
13, Indull!:ence 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 ofthe provision or any portion
of this Agreement either at the time ofthe breach offailure occurs or at any time throughout the term of this Agreement,
19, 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 ofthis
Agreement, and to the City when addressed as follows: David Whitman, Director, Miami Beach Cultural Arts
Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this Ae:reement: 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 Reoresents Total Ae:reement: 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 I 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 services recommended for support, As such, use
of these funds for any program component not meeting this condition will be considered a breach of the terms ofthis
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 Ordinance No. 92-2824, as amended
from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race,
color, national origin, religion, sex, sexual orientation, handicap, marital 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, All Grant recipients must participate in at least one" ArtsBeach Second Thursdays" (Second Thursdays),
a cultural open house on the second Thursday of every month, Free arts events will be held at multiple locations
throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact
manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a
material breach of this Agreement, as provided in Article II - 12 herein,
[The remainder of this page is left intentionally blank]
Exhibit 1/ Project Description
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Organization: M4lCiMO\'W\ D/lt'lU CO rnpany
Projecttitle: MI4I11,'8eAeJ, 'rfirYtll.ll1e~s 1A11~ O"..~c."
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Project based upon the award. Please be as specific as possible; name of event, venue, times, etc, Also, detail the
organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program,
The originally submitted project included two contemporary ballet performance series at
the Colony Theater, one in January and one in March, participation in Second Thursdays,
as well as community outreach programs with local elementary and middle schools.
Based on the grant award the project will now include the following:
o Maximum will participate in Second Thursdays on March 14,2002. The program
will be a lecture demonstration titled "The Art of the Pas de Deux" and will be held at
the Acorn Theater from 7 to 8 PM. The lecture will describe methods and techniques
of partnering and will include two Maximum dancers demonstrating the moves.
o Maximum will have one performance series at the Colony Theater with two evening
performances at 8 PM on March 22 and at 8 PM on March 23, 2002.
o The program will be a mixed bill featuring our entire company of dancers
performing selections from our repertoire of over 50 ballets.
o General seating will be $25, senior tickets will be $20, and student tickets
will be $10.
o We will also donate a limited number of tickets (up to 50) to social service
agencies serving the Miami Beach Community for the March
performance.
o Maximum will host a special student's workshop for Fienberg/Fisher Elementary
School and Nautilus Middle School on Friday morning, March 22, 2002 that will be
free to students and teachers. The workshop will be similar to the "Art of the Pas de
Deux" lecture demonstration, but will be geared towards a younger audience.
Students and teachers will be invited to ask questions.
o Maximum will invited Miami Beach elementary schools to the April performances of
"Carnival of the Animals," Maximum's children's ballet about endangered species.
The program includes free admission and a workbook for each child.
., .
Exhibit 2-A: Project Budget I Total Project Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall,]
Name of organization: \I\~;MUM Ot1V\tt.Lo. Project Title: ~io..M..' ~ ftrforfltallu.t' a..rJ O~4,
Date(s) of Project:
tilAreh I Ii - A.f'Y: \ .3 Of ,"OD')..
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,
Other contributions (Itemize below)
A~li(ll<<t ~h ~If')'
EXPENSES
cash in-kind
Personnel - artistic 11,3'12-
Personnel - technical 'It?
Personnel - administration "',1'f0
Outside artistic fees/services 0
Outside other fees/services III'J~
MarketinglPublicity a.80o 'lOC>O
Space rental ;l 500 I.~OO
I
Trave' aDo
Utilities 0
Equipment rental ;;l50
Office supplies 0
Insurance/Security aDO
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Other Costs:
RoY" \+itS
Looci '!t\/0tA..... \raV\S.
CD!.~" JC;l.t~
-ro~ S\\~~
~1lct.
(Itemize below)
1,000
~oo
500
1'0"
I/~OO
cash in-kind
\~.OOO
'0.000 ~. ~OO
Grant award --.9, 500
Total cash expenses
Total in-kind expenses
Total project expenses
4". \Lf~
J ~oO
.
.., ~ ~)..
(cash + in-kind)
Total cash revenues 4 "-, \l{).
Total in-kind revenues .1, ~OO
Total project revenues 'it. 3'{~
(cash + in-kind)
.. .d"
Exhibit 2-B: Project Budget I Grant Award Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall,]
Name of organization: tAayiMu*, Ollt\l'J' Co.
Project Title: fo1i~' S~ ~...r_Ai'\cL" 4Nl.J. O~
Date(s) of Project:
tI\<<rch l4\ U>02. - ~'I 3q 200J-
Directions: Identify and itemize cash expenses to be paid from Grant funds,
Grant awards may only be spent within budget categories declared below.
Graat Exoeases
Personnel- artistic
--.!.9, 500
Personnel- technical
Personnel - administrative
Space rental
Travel (local only)
MarketinglPublicity
Outside artistic fees
Outside other fees
~
Other costs
(Itemize below)
TOTAL ~I 500
Grant requirements:
Grant monies -.st be sperrt within budget categories agreed upon in contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City employees fur any services rendered as part of a project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (permanent equipment necessary fur proposed project may
be purchased if the price is less than what is would cost to rent the equipment)
Debt reduction
Out-of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public