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Momentum Dance Company UJ() '1- Z~701 lQ City of Miami Beach and Miami Beach Cultural Arts Council Fiscal Year 2004/2005 Cultural Affairs Grant Agreement ~€PT&1186ff- This Grant Agreement is entered into this 28 day of Gctoll.'i!f' , 2004, between the City of Miami Beach, Florida, (the City), and Momentum Dance Company (Grantee). Article II Grant Description 1. Grantee: Address City, State, Zip Phone, fax, e-mail Momentum Dance Company P.O. Box 331973 Coconut Grove, FL 33233 (305) 858-7002, (305) 461-2519, mdanceco@bellsouth.net 2. Grant amount: $1764050% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. Project description: See Exhibit 1, attached hereto Itemized budget: See Exhibits 2-A and 2-B, attached hereto Contract deadline: November 5, 2004 Expenditure deadline: September 30, 2005 Project completion date: September 30. 2005 Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. 18H,. VlfNtJA/UI <)..tX)J.... HEREOF, the parties hereto have executed this Agreement this }t8" day of ~. -, ,-f664. :Iitwd f(Nt~ Robert Parcher, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI- DADE APPROVED TO FORM & LANG AGE & FOR EXEC TION The foregoing instrument was acknowledged before me this da of Grantee's Cor orate Seal Here as ~ GRANTEE: Momentum Dance Companv FederaIID#: 59-2186047 BY: Delma Iles. Artistic Director Printed Name of Organization's Authorized Representative Signature Notary Name: He- /jc.,stL f.)esbrH Notary Public, State of Florida .....'~~~t~,..Commis!tit8b' "i!lm'No {. f>:~ tory Public - State ot Florida \'" l'\'Ca,......'&I:>oes,u,282OOl ~~llf.t.~' ~mlsalon # 003261'7] .......... By NaIona, Notary Assn. 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 2-8. 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 Pavment 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. Proaram Monitorina 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 Bondina: 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. Accountina 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. 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. 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 iffully 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 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 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 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. 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 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. Assianment: 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 iffully set forth herein. 12. Defaultrr ermination 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, ofthe 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 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 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. MOMENTUM DANCE COMPANY Miami Beach Grant 2004-2005 Project Title: Miami Beach Season 2004-2005 Revised Project Narrative Text of original proposal: Celebrating its twenty-third season, Momentum Dance Company has developed the Miami Beach Season 2004-2005. This project will provide year-around events on Miami Beach including: the fIrst annual, week-long Miami Beach Dance Festival at the Byron Carlyle Theater (four local companies plus the Martha Graham Company and the National Dance Theater of the Bahamas), our annual four-part Children's series at the Bass Museum, presentation of Waves, a new water ballet, and four educational workshops at Nautilus Middle School. The residency encompasses the creation of two new concert works and one new children's work based on life on coral reefs, and the historic reconstruction of Kurt Joos's classic work The Green Table - the greatest anti-war ballet ever created! Revised Project Description: January 15 at 8:30 PM & 16 at 5:00 PM - Art Deco Festival, outdoor concert stage, Lummus Park (Ocean Drive between 8th & 10th Streets). One hour concert program. Free admission. Program includes: Haydn Trumpet Concerto, Carol, Politics of Charity, Voliere, excerpt from Judas Maccabeus, Corelli Concerto. January 30 at 2:00 PM - Bass Museum Children's Concert, Program I, Peter and the Wolf. Free admission with Bass Museum entrance. March 6 at 2:00 PM - Bass Museum Children's Concert, Program II, Dance A Picture. Free admission with Bass Museum entrance. April 19-24 - MIAMI BEACH DANCE FESTIVAL. All performances take place at the Byron Carlyle Theater except April 19. April 19 - Festival opening reception and premiere of new Water Ballet by Momentum Dance Company. 7:30 PM. Pool deck of King Cole Condominium, North Beach. Tickets $15. April 20 - Lecture/performance the Martha Graham Dance Company led by Artistic Director Christine Dakin. Tickets $20 General Admission $8 Students & Seniors April 21- National Dance Theatre of the Bahamas in concert. Tickets General Admission $15 Students & Seniors $7. April 22 at 8:00 PM - Dance Now Ensemble & Ballet Flamenco La Rosa in concert program of current repertory. Tickets General Admission $20 Students & Seniors $10. April 23 at 8:00 PM- Momentum Dance Company & the Isadora Duncan Dance Ensemble in concert program of current repertory plus the premiere of Birds Flying in Warped Time by Delma Iles and Movimento Feroz II by hmah DelValle. Tickets $20 General Admission $10 Students & Seniors. April 23 (exact time TBA) - Master class in Martha Graham technique taught by members of the Graham company. Momentum studio 1200 West Avenue, Miami Beach. $15 per student April 24 at 2:00 PM - repeat of April 23 program. Same prices April 24 at 7 :00 PM - repeat of April 23 program. Same prices. *In place of the historic reconstruction of The Green Table, Momentum will perform an historic reconstruction of Doris Humphrey's 1928 master work Water Study. It will appear on Momentum's programs at the Miami Beach Dance Festival. **This project also includes the Nautilus Middle School residency, providing 4 master classes and free tickets to students at Nautilus Middle School. Dates and times of classes are currently being arranged with dance teacher Anna Bolt. Momentum Dance Company Miami Beach Grant 2004-2005 Project Title: Miami Beach Season 2004-2005 Dates of Project : 10/1/04 - 9/30/05 Revised Project Budget EXDenses Personel - 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 Documentation Printing Postage Miscellaneous/Contingency Total Cash Expenses Total In-Kind Expenses Total Project Expenses Proiect Revenues Admissions Contracted Services Tuitions Corporate Support Foundation Support Individual Support Government Grants Federal State Local Grants Concession Sales Not for Profit Orgs Cash In-Kind 13,000 7,000 12,000 8,000 1,000 9,000 7,000 300 1,000 1,000 240 2,000 1,000 1,000 1,000 1,500 66,040 1,000 1,000 2,000 3,400 19,800 600 2,000 1,000 5,000 35,800 101,840 Cash In-Kind 9,400 2,000 1,000 22,400 1,000 1,000 3,000 30,000 1,000 8,800 Grant Award Total Cash Revenues Total In-Kind Revenues Total Project Revenues Momentum Dance Company Miami Beach Grant 2004-2005 Revised Grant Award Budget Project Title: Miami Beach Season 2004-2005 Dates of Project: 10/1/04 - 9/30/05 Grant Expenses Personnel Artistic Personnel Administrative Personnel Technical Outside Artistic Fees Marketing/publicity Space Rental Travel Outside Other Fees Documentation Equipment Rental TOTAL GRANT AWARD 17,640 66,040 35,800 101,840 3,700 4,000 5,000 1,300 3,000 400 240 17,640