Dance Arts Foundation
..)oo3- .2-J3I3
~.J..".'.'
~
MIAMI BEACH
cuLturqL
ArtJ
it. cou~clL
This Grant Agreement is entered into this ~ day of .Jbflk,II"J,(J1L.., 2003, between the City 07:--
Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Dance Arts
Foundation (Grantee).
City of Miami Beach Cultural Arts Council
2003/2004 Cultural Arts Grant Agreement
Article II Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, E-mail
Dance Arts Foundation
441 N. Hibiscus Drive Suite 4
Miami Beach FL 33139
(305) 324-0585 (413) 513-0902 ps_742@bellsouth.net
2. Grant amount: $6000 50% paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Contract deadline: November 7,2003
6. Expenditure deadline: September 30, 2004
7. Project completion date:
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
parties hereto have executed this Agreement this iL day of
Print Name of Organization
VALERIE D. HENRY
. ~F~
i .., Conn. ""'MIy 3. 2008
CommIuIon . DO....
FederallD #
BY: lOb ; 't1 A-tUS ("F I ELf)
Printed Name of Chairman or President
~G
Signature
BY: . Dft1J1 EL-f EWIS
Printed fjame of Chief Fiscal Officer
, ~~~-
Signature
BY: it /IJ])~c:A- H. 5E1 PEL
printetram/1e of Exec. utive Director
~ iYJ ~-' ~o(l
Signature
APPRO'/F.OAS TO
FO~r.;. !_A"'GUAGE
&POR~;c"~CUnON
(Corporat.~ ~.!il~I).
1..'01 ,I ... I. ,.' '..~ . ,
AUbdJtU~
Robert Parcher, City Clerk
t}-/~-01
· Date
Article III 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 Director of the City of Miami Beach Cultural
Arts Council, or his designee, who shall be referred to herein as the "Director of the 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 terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as
Exhibit2-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 permitted without the prior written consent
of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing
and justifying the need for such changes.
The following City of Miami Beach "Anchors" are required to provide specific information 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 2003/2004 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfson ian-FlU
Failure to include the above information 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 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 final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of
the Council within 45 days of the Project's completion. Grantees completing their Project by Fiscal Year
End, September 30, 2004, final reports are due within 45 days or November 15, 2004.
4. Amount of Grant and Pavment 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
financial 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 of the award.
5. Pl'OQram Monitorinq 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 Bondinq: 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
Page 2 of 8
withdraw or write checks on Grant funds.
7. Accountinq 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 of the Councilor 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 Miami Beach Cultural 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 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 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 $1 00,000, 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. AssiQnment: 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.
11. 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 if fully set forth herein.
12. DefaultIT ermination Provisions: In the event the Grantee shall fail to materially conform with any of
the 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
Page 3 of 8
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
anoltler 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
whictl, 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 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. Indulaence 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 of the breach of 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:
Giisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Captions Used in this Aareement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in anyway limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Aareement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained
withil 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 1111 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 of this Agreement and will allow the City to seek remedies including but
not imited to those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
Page 4 of 8
The Grantee hereby agrees that it will comply with Title VI ofthe 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.
[The remainder of this page is left intentionally blank]
Page 5 of 8
Exhibit 1/ Revised Project Description
Organization: DanceArts Foundation. Inc. Project title:
Isadora on the Beach
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. Miami Beach Anchors should list specifics about their mentoring program.
Original Project Description:
The Isadora Duncan Oance Ensemble (IDOE) proposes Isadora on the Beach. a series of activities
including performances, lecture/demonstrations and special workshops to be held in various venues
throughout Miami Beach.
Performances: The IDOE will perform in Miami Beach throughout the 2003-04 season.
The following is the proposed schedule of performances:
October 2003 Isadora on the Beach: Miami City Ballet Studios, 7:30 p.m.
November 2003 Isadora Duncan at the Garden: Miami Beach Botanical Garden, 7:30 p.m.
January 2004 Isadora Duncan at the Bass: Bass Museum, Time TBA
May 2004 North Beach Dance Festival: Byron Carlisle Theater, Time TBA
Please see attachment for complete proposed 2003-2004 season schedule.
Soecial Workshops/ Educational Demonstration: Artistic Advisor Julia Levien, original member
of Anna and Irma Duncan's company in the 1930's, Andrea Seidel, and/or company members wiD
conduct two special workshop/lectures in the Duncan technique at the Miami Beach Senior
Center, FlU's Wolfsonian Museum, and/or a Miami Dade County Public Library on Miami
Beach in January and February 2004.
Revised Project Description:
Due to decreased funding, the IDOE will present the following events.
May 1-4, 2004
Isadora Duncan at the Garden: Botanical Garden, 3 p.m.
Isadora Duncan & the Russian Revolution:
FIU's Wolfsoman, 7 p.m.
North Beach Dance Festival: Byron Carlisle Theater
May 1,2004 Lecture!Performance 7:30 p.m.
May 2 & 4, 2004 Concert Performance 8 p. m.
Special Workshops/ Educational Demonstration: Artistic Advisor Julia Levien, original member
of Anna and Irma Duncan's company in the 1930's, Andrea Seide~ and/or company members wiD
conduct two special workshop/lectures in the Duncan technique: one at the Miami Beach Senior
Center, and the other at FlU's Wolfsonian Museum on February 19,2004 at 7pm.
January 25, 2004
February 19,2004
60f8
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: DanceArts Foundation. Inc.
Project Title: Isadora on the Beach
Date(s) of Project: October 1. 2003 throuah September 30. 2004
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 1.500
Personnel - technical Contracted services 1.500
Personnel - administration Tuitions
Outside artistic fees/services 22.490 3.500 Corporate support 1.200
Outside other fees/services 14.850 2.300 Foundation support
Marketing/Publicity 2.100 1.200 Individual support 6.600
Space rental 3.400 Govemment grants
Travel Federal
Utilities 190 State 2.000
Equipment rental Miami-Dade County 30.000
Office supplies 510
Insurance/Security 350
Other Costs: (Itemize below) Other Contributions (Itemize below)
Printina 1.000 New World School 2.400
Postaae 750 Just for Kicks Studio 1.000
Costumes & Music 1.200 Cash on Hand 4.300
Videoarapher 1.100 800
Other Costs 760 Grant award 6.000
Total cash expenses 45.300 Total cash revenues 45.300
Total in-kind expenses 11.200 Total in-kind revenues 11.200
Total project expenses 56.500 Total project revenues 56.500
(cash + in-kind) (cash + in-kind)
7 of8
L
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization:
DanceArts Foundation. Inc.
Project Title: Isadora on the Beach
Date(s) of Project: October 1.2003 throuah SeDtember 30.2004
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Expenses
Personnel - artistic
Personnel- Technical
Personnel - administrative
Space rental
Travel (local only)
Outside artistic fees
Marketing/Publicity
1.000
1.700
2.100
Outside other fees
Other costs
(itemize below)
Postaae
100
600
100
Other Costs
400
Costumes/SuDDlies/Music
VideoaraDher
TOTAL 6.000
Grant requirements:
Grant monies must be spent 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 for 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 for
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
n _1:'0