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HomeMy WebLinkAboutFlorida Dance Association ;tY(Jc,.- ;2 6 3 '3 g lD MIAMIBEACH - - City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2006/07 Cultural Affairs Grant Agreement . .' 2J4 ~~ief ., . This Grant Agreement IS entered Into this ~ day of ,2006, between the City of Miami Beach, Florida (the City), and (Grantee). Article II Grant Description 1. Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, e-mail: Florida Dance Association Tom Thielen 777 17th Street, 4th Floor Miami Beach FL 33139 (305) 674-6575, (305) 674-6578, tthielen@floridadanceassociation.org 2. Grant amount: $17,82550% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract deadline: October 27,2006 6. Expenditure deadline: September 30, 2007 7. Project completion date: Auqust 30. 2007 8. J' .F i~. I Report deadline: Must be postmarked or delivered no later than 45 days after Project Ii / completion date. ;to riJ /f:~$;;.pl N . IT~P1S yJHEREOF, the parties hereto have executed this Agreement this Y' day of- ,2006. .I - lilt \jfl/L-------- STATE OF FLORIDA, COUNTY OF MIAMI- DADE Robe The foregoing instrument was acknowledged before me this 27TH day of October , 2006 by Grantee's Cor orate Seal Here Tom Thielen of Florida Dance Association , a not-far-profit corporatio~h~ is-P'~;~iy known t~ or has "l.,t.., :roduced J ~entification:/. ,//1 Date ('Li~ as FederallD #: 59-1760273 Nola'Y Name ~1:) () u2!/; It~ Notary Public, St:te' of FI ida GRANTEE: BY: Tom Thielen p~inted Name O~~r~tion's A~th~~~zed Representative Signature (./ ~-cfu--- -. ...._ My Commission EX~~G' ... t..2. " .....t i @~ ~ omm slon # 00017382t :. . ~ Expirel12J2212(108 . ~~ ~! : -.,:/'tOFf\.'>"',# Bonded through . : '1"111"\\\'1; A._ Inc: : (800-432-4"~f.) Florida Notary .-In., .. :....... II.. .~~' ................. II .... ................. 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 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 Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the 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 30,2007, must submit their final reports no later than November 15, 2007. 4. Amount of Grant and Payment 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, and execution of this Agreement by the parties hereto. 5. Proqram Monitorinq 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 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 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. Publicity 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. 2 of 2 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 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. 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 iffully 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 terminate this Agreement and 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 termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the Grant funds because of a breach of this Agreement, the following terms will apply: a. For First-time violations - Grantee shall be required to submit a final report with documentation of expenditure of all grant awards already received (first half) prior to the termination date. If such report is not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not receive remainder of this Grant award. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for future fiscal year's grants programs. b. For more than First-time violations - Any future compliance infractions by Grantee will be considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. 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 Citywithin fifteen (15) days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request 3 of 3 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 upon demand 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. Indulqence 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: Gary Farmer, Interim Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 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 any way 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 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 ofthe 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. 4of4 19. 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 left intentionally blank- 5 of 5 Exhibit 1 I Revised Project Description Organization: Florida Dance Association Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions 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. Use extra page if necessary. Proiect description as approved bv Grants Panel: Ten public performances and events are proposed for the 2007 Florida Dance Festival from June 20-30,2007, four of which are planned for Miami Beach venues. The proposed schedule for Miami Beach venues is: Colony Theater . JUNE 20, 2007 , KATHERINE KRAMER PERCUSSION ENSEMBLE (Miami) Through the National Performance Network's (NPN) Creation Fund, Florida Dance Association will co- commission a new work from Miami-based choreographer/tap artist Katherine Kramer. As yet untitled and still in the early stages of development, the work will incorporate various forms of tap and percussive dance accompanied by live drummers and musicians. Katherine Kramer has been a vital presence in the resurgence of classic jazz and rhythm tap since the 1970's and has appeared with such tap masters as Honi Coles, Brenda Bufalino, Gregory Hines and others. She directed her own company for many years, has toured two one-woman shows, Rhythms of the Heart and Tap Roots, and was a featured performer in New York's 1996 Tap Extravaganza. Since moving to Miami, she has produced two evening concerts incorporating live jazz music, tap dance, improvisation and poetry. She currently teaches at Florida International University and Miami Dade College. . JUNE 23, 2007, KEIGWIN + COMPANY (New York) Through the NPN Creation Fund, Florida Dance Association will co-commiSSIon a new work from choreographer/artistic director Larry Keigwin for Keigwin + Company in partnership with Bates Dance Festival in Lewiston, Maine. Larry Keigwin is one of the new rising stars in the New York contemporary dance scene. Using an incredible sense of wit, his work is an attempt to both tease and investigate identity in the context of contemporary pop culture. Although story drives the direction of his dances, the movement used is more than literal by being infused with theatrical nuance and the inherent abstraction of metaphor. Before assembling his three year old company, Larry performed with many dance companies and choreographed and danced for Broadway, Off-Broadway and burlesque showcases. The cumulative effect of these varied influences helped him create a movement style that is at once dynamic and subtle. More information, and streaming video of the company, is available at www.keiqwinandcompanV.com. . JUNE 27, 2006, danceAble - DANCING WHEELS & CLEVELAND CONTEMPORARY DANCE THEATRE (Cleveland) These two companies are under consideration as featured artists for danceAble, a program within the Festival focusing on dance as a vital art form and means of physical expression for people with disabilities. Co-produced with Tigertail Productions, danceAble's goals are to provide access to high-quality dance and artistic movement education for people with disabilities, provide a forum for people with disabilities to interact with artists of excellence with and without disabilities, and to dispel conventional myths and open minds to the possibilities of who can create and perform dance. Specifically, these two companies have commissioned a work from renowned Los Angeles-based choreographer David Rousseve entitled "Walking on Clouds, "which celebrates the common humanity that survives the boundaries of difference. With equal parts humor and grit, "Walking on Clouds" blends fact, fiction and possibility to find the connections between people with disabilities and people of color. Additionally, each company would perform a work from their own repertory. Information about the companies is available at www.qqqreq.com/dancinqwheels.htm and www.ccdt.com. (NOTE: Initial contact has been made with Dancing Wheels through their management company, G. G. Greg Agency, see attached e-mail communication from Tigertail. However, no firm commitment has been extended to the companies as of the date of this grant application deadline.) . JUNE 29, 2007, DAVID DORFMAN DANCE (New York) "underground" is choreographer David Dorfman's new work. Still in the development stages, the work will premiere in June 2006 at the American Dance Festival and tour in the 2006-2007 season. Dorfman writes, 6of6 "Although I was only 13 during the "Days of Rage" in 1969, too young to be protesting in the Chicago streets, I remember being awed by the audacity of the Weathermen. Now I am interested in the legacy of the Weather Underground's principles, and also in its foibles and its regrets. Looking back at the 60s and how it was the core of my emotional and artistic formation will be my entry point into this exploration-in essence, a return to my own movement roots." "underground"will explore the inside world of political activism, asking the questions: when can activism become terrorism, or vice versa, and is condoned or endorsed killing/destruction ever justified? Long dedicated to cross-disciplinary collaborations and inspired in part by a recent documentary on the Weathermen, Dorfman will utilize an original score by "Bessie" award winner Jonathan Bepler (Cremaster scores for Matthew Barney, former Glenn Branca Ensemble member), co-direction and dramaturgy by Alex Timbers (Off-Broadway's Boozy), video design by Jacob Pinholster (Spama/ot, Wicked), costuming by Jenny Mannis (Off-Broadway's Dog sees God), lighting design by Jane Cox (Dame Edna- Back With A Vengeance on Broadway, and recipient of the NEAlTCG Career Development Fellowship), scenic design by Kris Stone (Lolita at the Abbey Theatre in Dublin, Brundibar at Berkeley Rep) and additional text by Ann Washburn (winner of the MacDowell Fellowship and member of The Civilians). Information on David Dorfman Dance is available at www.daviddorfmandance.orq. Ticket prices for Colony Theatre events will be $25 general admission, $18 student/senior and $15 for FDA members and groups. The Festival targets a broad general audience of all ages for its programs. Survey results from 2005 found that Festival audiences were primarily female (65% female, 35% male) with the largest age group (74%) between 26-70. Over 60% were Caucasian, non-Hispanic, 23% Hispanic and the remainder African-American, Asian or multi-ethnic. Also, 42% of survey respondents traveled from outside Miami-Dade County to attend performances, a positive indicator that the Festival is contributing to the City's cultural tourism efforts. Proiect description as revised (if applicable) based upon the City Commission approved award: Changes to projects 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. Changes in the Festival schedule and programming include the following: . Miami - Kaohsiung Dancing Together, a joint performance by the dance programs of Miami's New World School of the Arts and Tsoying Senior High School in Kaohsiung, Taiwan, will open the Festival on Wednesday, June 20 at the Colony Theater. This will be the second collaboration between these two schools to be presented during the Festival. The first program was presented at the Colony in June 2001. Katherine Kramer Percussion Ensemble, as described above, will perform at the Colony Theater Wednesday, June 27 instead of Wednesday, June 20. Moving Current Dance Collective of Tampa will perform at the Colony Theater Saturday, June 23 replacing Keigwin + Company. Moving Current performed in the 2005 Festival at the Byron Carlyle Theater. They will perform all new repertory created since June 2005. The new work to be created by Keigwin + Company under the NPN Creation Fund will be presented during the June 2008 Festival. Touch Compass Dance Trust, a physically integrated dance-theatre troupe based in Auckland, New Zealand, will be the featured company for danceAble, Friday, June 29 at the Colony Theater. This will be the company's U.S. and Florida debut. The two Cleveland-based companies originally under consideration are not available. David Dorfman Dance will be postponed until June 2008 or beyond due to scheduling conflicts and budget considerations. . . . . All of the changes meet the required criteria that the work presented be new or never before seen in Miami Beach. 7 of 7 Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: Florida Dance Association Date(s) of Project: June 20-30. 2007 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 15,725 Personnel - technical -- Contracted services 5,000 _ Personnel - administration 77,186 Tuitions 34,000 Outside artistic fees/services 51.680 Corporate support 6,500 4,900 Outside other fees/services 26,140 Foundation support 4,500 _ Marketing/Publicity 29,580 4,900 Individual support 11 ,000 Space rental 8,550 40,000 Government grants -- Travel 14,934 Federal 35,000 Utilities State 9,310 _ Equipment rental 1,700 Local 69.166 Office supplies 1,100 Insurance/Security 2,000 Other Costs: (Itemize below) Other Contributions (Itemize below) Phone. fax. Internet 2,340 Co-Presentinq Partner 2,724 BankinQ Fees 1,750 New World School 40,000 Resale Merchandise 840 N'tl Perf. Network 8,700 Hospitalitv 2,700 Merchandise Sales 1,050 City of Miami Beach Grant Award 17,825 Total cash expenses 220,500 Total in-kind expenses 44,900 Total project expenses 265.400 CASH & IN-KIND Total cash revenues 220,500 Total in-kind revenues 44,900 Total project revenues 265.400 CASH & IN-KIND 8 of 8 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Florida Dance Association Date(s) of Project: June 20-30, 2007 Grant Award: $17,825 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 Grant Expenses Personnel - artistic Equipment Rental Outside artistic fees 12,825 Space rental (Performance Related Only) Insurance (Performance Related Only) Total Other Costs (itemize Below) Personnel - technical Marketing/Publicity 5,000 Printing Description Amount Postage In County Travel TOTAL (must equal grant award): 17.825 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." Allowable Grant Expenditures as Relates 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 . Local travel and transportation costs related to proposed program, project or event. Local travel is defined as travel within the Miami Dade County area . 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 9of9 Grant Use Restrictions (grant funds may not be used towards): . Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs . Administrative salaries or fees . "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. . City of Miami Beach 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 excluded from this restriction) . Travel or transportation outside the local Miami Dade County area . Social/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 . Events not open to the public; unless the e\ent serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: . Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments) . Proof of logo and credit line in project publications and advertisements . Proof of performance(s), such as programs, brochures and flyers. 1 0 of 1 0