Miami Contemporary Dance $7K
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City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this /51: day of -Nt; vth1./;~ , 2004, between the City of
Miami Beach, Florida, (the City), and Miami Contemporary Dance Company (Grantee).
Article II Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Miami Contemporary Dance Company
P.O. Box 398256
Miami Beach, FL 33239
786-346-8033,305-538-2987, miamicdc@yahoo.com
2. Grant amount: $7000 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 5, 2004
6. Expenditure deadline: September 30, 2005
7. oject completion date: F~BRMJe,'I 2...0, 2d~{;"
8. inal port deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. 1t
REOF, the parties hereto have executed this Agreement this ~ day of Nl7ven,bu<. ,2004.
Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Grantee's Corporate Seal Here)
ItJelideJ vf- .1JJ~()I!a'h'rn dtUfleJ:)
The foregoing instrument was acknowledged before me
this~day of /II~v.em6-eJ( 2004, by
Ray Su/livl/-rv' of
MialYU' fal'l~"'f1M!1f-l!.r tR.u., a not-for-profit
corporation. He/She is personally known to me or has
produced /7 DrVl/{'., S&fi"S. U? JO'i3hr
id~n"tion.
CtlL<-t'~~ af~??'L.I
Signature of Notary Public
GRANTEE: Miami Contemoorarv Dance Comoanv ~ /
~5 - QY9 J. Notary Name: . Ml ./ cO
FederallD #: ~ J. B Notary Public, State of Florida
BY: f!. StALL/VAN APPROVED AS 1'0
Printed Name of Organization's Authorized Re . tlJ.ANGUAGE
1- ~ ... FOR EXECU"IlQItommission Expires:
Signature _~ ?~ .
~W"I1-IJY
City Attomey~ Date "
C'Q f::Jte./Or) .
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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 tOJhe City's Cultural Affairs Program Manager or his designee.
2. Proiect 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. 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 ofJhe Cultural Affairs Program
Manager or his designee. Said requests shall be made in advance, 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 or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
4. Amount of Grant and Payment Schedule: The total amount ofthe 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. Prooram Monitorino and Evaluation: The Cultural Affairs Program Manager or his designee 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 Bondino: 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 or his designee with the identity and title of individuals
authorized to 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 Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee 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. Publicitv 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 11-12.
9. Liabilitvand 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 $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. Assionment: 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. 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 materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 Cultural Affairs
Program Manager or his designee, 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 orthe 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 Cultural Affairs Program Manager or his designee 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 by delivering to
the Cultural Affairs Program Manager or his designee 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: Grisette Roque Marcos,
Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Aoreement: 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 Aoreement: 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 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 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.
Exhibit 1/ Revised Project Description
Organization: Miami Contemporarv Dance Companv
NfHII Wtm.K:.~ J.OO/5
Completely describe Project approved by the Grants Panel and in a separate nan:ative detail.all ~evisions 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.
Project
title:
ORIGINAL PROJECT PROPOSAL
New Worlcs 2005 has a simple and effective structure. First a panel of local dance professionals
will decide on which applicants will be chosen to choreograph a new work on the Company. The
chosen choreographer is given four weeks (January 15 - February 15, 2005) to create and
rehearse a new work on the professional dancers of Miami Contemporary Dance Company. These
rehearsals will take place at the new MCDC home studios located at 1919 Purdy Ave on Miami
Beach. This work includes a final video taping and open performance at The Colony Theater. The
Theater is already held for February 20. This performance is open to the public and is followed by a
question and answer/ audience suggestion period. Here the audience gets to speak with the
choreographer, the dancers, and the artistic director about the project. Past audiences have
included residents and visitors. The performance is digitally video taped with two cameras for the
choreographer to use to edit a video of their work. This video with professional dancers is a very
important tool for furthering their career and it is something that is hard to achieve, many local
young choreographers don't even have a video to use as a work sample. (please see attached
letters of support.)
REVISIONS TO PROJECT PROPOSAL
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The choreographer chosen for the New Works 2005 project will have 3 weeks (January 3 -
February 20) to create and rehearse their new work. This is one week less than proposed in Miami
Contemporary Dance Company's original grant application. Due to the delayed opening of the
Colony Theater, the final performance will be held at the Byron Carlyle Theater and has been
reselVed for February 20, 2005. The piece will be filmed by one camera.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Miami Contemporary Dance Company
ProjectTitle: New W~t2k.[ 2.~(}5"
Date(s) of Project: N~v 2111'1- F-eiJ~ ~s
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
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Plei/1lh'Nj
V/tit'o PJe4tit1c/lm
.
Total cash expenses
Total in-kind expenses
Total project expenses
Cash In-Kind
/3,930 ;(, tflJ/)
'7~{) . / 3~
:2, /07)
.3/ ~ ~~
7~
11M
K'JS
..2 8"0
/50
(Itemize below)
9tJ7J
;l30 75"
)''J., 07~
JI, ~ 5"
Cl. fJ?, Of" 0
(cash + in-kind)
REVENUES
Cash In-Kind
Admissions
Contracted services
Tuitions
Corporate support 1 fJ7)
Foundation support
Individual support /5 ()75 3~o5
Government grants
Federal
State
Other Contributions (Itemize below)
Grant award
$7000
Total cash revenues ;J.J.) () '75"
Total in-kind revenues tf, rD 5"
Total project revenues :2-v, 0 l' ()
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Miami Contemporary Dance Company
Project Title: New W~~ks U~5
Date(s) of Project: Nw d~ tf~ feb/lU1iM( 2/J7)5
Directions: Identify and itemize cash expenses to be paid from Grant 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
~ b, 000
MarketinglPublicity
Space rental
-i 1} 50-0
Personnel - administrative
Personnel - technical
~ '5 tT7)
Travel (local only)
Outside artistic fees
Outside other fees
(Itemize below)
Other costs
(Itemize below)
TOTAL: $7000
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."
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
Articles of Incorporation
of
Miami Contemporary Dance Co.'poration
These Articles ofIncorporation are hereby adopted by the Board of Directors of Miami
Contemporary Dance Corporation, for the purpose offorming a corporation under the Florida
Not for Profit Corporation Act
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The place in this state where the principal office of the Corporation is to be loc<iftd is the
City of Miami Beach in Dade County. The business and mailing address of the Corporation is:
1610 Euclid Avenue, #B, Miami Beach, FL 33139.
Article 1 - Name
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The name of this corporation is Miami Contemporary Dance Corporation.
Doing business as Miami Contemporary Dance Company.
Article II - Location
Article 111- Purpose
The purposes for which the Corporation are organized are exclusively charitable and
educational within the meaning of Section 501 (c )(3) of the Internal Revenue code of 1954 or the
corresponding provision of any future United States Internal Revenue law.
Article IV - Directors
The board of Directors of Miami Contemporary Dance Corporation shall be elected as
stated in the by-laws of the corporation. The names and addresses of the persons who are
the initial Directors of the Corporation are as follows:
Raymond M. Sullivan, President/Treasurer
16] 0 Euclid Avenue #8
Miami Beach, FL 33139
Jorge Gallardo, Vice President/Secretary
1754 Meridian Avenue #404
Miami Beach, FL 33139
Esaias Johnson, Director
774 NE 71 Street
Miami, FL 33138
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Article V -Powers
Notwithstanding any other provision of these articles, this organization shall not carry on
any other activities not permitted to be carried on by an organization exempt from Federal income
tax under Section 501 (c)(3) of the Internal Revenue Code of 1954
Article VI - Dissolution
In the event of dissolution of the Corporation, the residual assets of the organization will
be turned over to one or more organizations which themselves are exempt as organizations
described in Sections 501 (c)(3) and 170(c)(2) of the Internal Revenue Code of 1954 or the
corresponding sections of any prior or future Internal Revenue Code, or to the federal, State, or
local government for exclusive public purpose.
Article VII - Officers
The business affairs of the Corporation are to be managed by a President, Vice
president, Secretary, and a Treasurer. The artistic affairs of the Corporation are to be managed by
an Artistic Director. Such officers sha1l be elected annually by the Board of Directors, with the
exception of the Artistic Director which will be elected at such time when requisite.
Article VIII - By-laws
The By-laws of the corporation are to be made, altered, or rescinded by the Directors of
the Corporation.
Article IX - Amendments to Articles
These Articles ofIncorporation may be amended by the Board of Directors of the
Corporation. Such amendments may be proposed and adopted in the manner provided in the By-
laws of the corporation.
Article X - Initial Registered Agent And Street Address
Raymond Su1livan - 1610 Euclid Avenue, Apt. B, Miami Beach, FL 33139
Article XI - Incorporator
Raymond Su\1ivan - \6\ 0 Euclid A venue, Apt. B, Miami Beach, FL 33139
Article XII - Date
The undersigned incorporator has executed these Articles ofIncorporation this 17th day of
February 2000.
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February, I7 2000
Having been named a registered agent and to accept service of the process/or the above stated corporation at the
place designated in this certificate. / hereb.v accept the appointment as registered agent and agree to act in this
capacity. J/urther agree to cOlnp~v with the provisions of all statutes relating 10 the proper and complete
pen rlllance (~f ydllti.es, and / alllfalllilipr with and accept the obligations 0/111.1' position as registered age11l.
February, 172000
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