Fantasy Theatre Factory~ooy-~cGGI
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2007/08 Cultural Affairs Gra~nt~A~gr~eement
This Grant Agreement is entered into this i~- - day of ~'"''~ ~ , 2007, between the City of
Miami Beach, Florida (the City) and the undersigned Grantee (Grantee).
Article I /Grant Description
1. Grantee: Fantasy Theatre Factory
Grant Contact: Ed Allen
Address: 7069 SW 47th Street
City, State, Zip: Miami, FL 33155
Phone, fax, a-mail : 305-284-8800, 305-284-8863, ed(a)_ftfshows.com
2. Grant amount: x5,000 50% paid upon execution ofthisAgreement. 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: November 2, 2007
6. Expenditure deadline: September 30, 2008
7. Project completion date: -° ~~l~~!t~Y. .:;C,~, ) ~~~ ~y
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
IN WITNESS WHEREOF
the parties completion date. //II~~//
hereto have executed this Agreement this ~ da
of /-~L'(~~ ~'
2007
, y
,
.
A~Jerry Libbin
Vice-Mayor
Robert Parcher,
~n
GRANTEE:
Federal ID #: "'r
BY: ~`f~ ~'~/
Printed Name
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The fo oing instrument was acknowledged before me
thisday of ~~' U~~t !:?1~2 2007, by
G D ~~--1~ .~ 1 ~' ~' f ~~ of
~~~ P ~{'Sk:/ 7Ff~ I~ 'not-for-profit
corporation. H~~epp/She~is.. ppersonally knnown to me or has
produced [~f ~ ( t- l ,~~1 ~?~~~ as
identifio~Oi n. ~. n .. _
Signatyfe of Notary Public
,, ,,~ /i
Notary Name: fK 1 ~ t ~
Notary Public, S7ta`te~of`F-lori~da
as To
My Commission
8~ i=OR EXECUTION
•~~:~ ay ANN o. CO ~'
':q ~` MYCOMMISSIO D3514 ~ ~ P~ ~
'~P EXPIRES: Au st 31, 2
I ~''•f or ~,°,~~' 6ontled Thru NotaN k U r%er IN tprr19V1 /N. \ 8t
Article II !General Conditions
1. Parties: The parties to thi:
municipal corporation organized
responsibility of administering thi;
2. Project Description: The C
in the Project Description, attachE
Agreement, and as specified in t
changes to said Budget shall not
exceed the total amount of Grant
Grant Award Budget in Exhibit 2-E
Program Manager or his Designe
the need for such changes.
> Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
under the laws of the State of Florida (City). The City has delegated the
Grant to the City's Cultural Affairs Program Manager or his Designee.
grantee may only use the Grant for the purposes that are spec~cally described
;d hereto as Exhibit No. 1. All expenditures will be subject to the terms of this
he itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item
exceed ten percent (10%) per category, so long as said expenditures do not
funds. Notwithstanding the preceding sentence, amendments to the itemized
3 shall not be permitted without the prior written consent of the Cultural Affairs
e. Said requests shall be made in advance, in writing, detailing and justifying
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, 2008, must submit their final reports no later than November 15,
2008.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specked in Article I-2 (subject
to the restrictions in Article I-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. Program Monitoring 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 Bonding: 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. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of
all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These
books and records, as well as all documents pertaining to payments received and made in conjunction with this
Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County
in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure
Deadline specified in Article I-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 II-12.
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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 noway 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 any one 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 govemment 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. Assignment: The Grantee is not permitted to assign this Grant, and any purported assignment will be
void, and shall be treated as an event of default pursuant to Article II-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 fait 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 immediatey 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 City within fifteen (15) days
after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request
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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. Indulgence 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 wri
person or upon the receipt of a ce
this Agreement, and to the City H
City of Miami Beach Dept. of Toui
Florida 33139-1819.
15. Captions Used in this
reference only and should not bE
provisions to which such caption,
Iten notices required under this Agreement will be effective when delivered in
rtified letter addressed to the Grantee at the address specified in Article I-1 of
rhen addressed as follows: Gary Farmer, Cultural Affairs Program Manager,
ism and Cultural Development, 1700 Convention Center Drive, Miami Beach,
agreement: Captions, as used in this Agreement, are for convenience of
deemed or construed as in any way limiting or extending the language or
may refer.
16. Contract Rearesents Total Agreement: 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.
icle III /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 agre
amended from time to time, prohil
account of race, color, national of
The City endorses the cle
barriers, which prevents qualified
that are available to persons with
:es that it will comply with City of Miami Beach Ordinance No. 92-2824, as
biting discrimination in employment, housing and public accommodations on
~igin, religion, sex, sexual orientation, handicap, marital status, or age.
gar mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
individuals with disabilities from enjoying the same employment opportunities
gut 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.
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19. GOVERNING LAW
This Agreement shall be
Florida, both substantive and rerr
any litigation arising out of this Ac
District Court, Southern District
Grantor ~
EITHER PARTY MAY HAVE TO
OUT OF, THIS AGREEMENT.
EXCLUSIVE VENUE
toverned by, and construed in accordance with, the laws of the State of
dial, without regard to principles of conflict of laws. The exclusive venue for
cement shall be Miami-Dade County, Florida, if in state court, and the U.S.
f Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
JD Grantee EXPRESSLY WAIVE ANY RIGHTS
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
-The remainder of this page is left intentionally blank-
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bit 1 /Revised Project Description
Organization: Fantasy
Completely describe Project apl
the Project based upon the City
event, specific dates, venues, tii
Times & Venues: This app
(FTF) theatre arts residency
Senior High (MBSH) in the c
This residency will include fi
Fantasy Theatre Factory. CIS
2-3 FTF artists are involved
will be utilized. FTF's prograi
classes during the school d~
Changes to projects awarded unc
is new or has never before been
Times ~ Venues: This apl
(FTF) theatre arts residency
Senior High (MBSH) in the ci
This residency will include 1
Fantasy Theatre Factory. CI.
class. 2-3 FTF artists are in
artists will be utilized. FTF's ~
offer classes during the schc
Factory
d by the Grants Panel and in a separate narrative detail all revisions to
mission approved award. Please be as specific as possible; name of
artists, etc. Use extra page if necessary.
cation requests funding support for Fantasy Theatre Factory's
~ be held, for the first time, in the newly designed Miami Beach
of Miami Beach from January 2008 to June 1, 2008 (half year).
~nty weeks of theatre arts education classes (20) provided by
yes are 1 1 /2 to 2 hrs. in length and service 30 students per class.
th each workshop. Over the course of twenty weeks, 5-12 artists
will partner with Miami Beach High's theatre department to offer
so that any student may have access to the residence
Artistic Disciplines program must still adhere to the requirement that the work
~ted in Miami Beach.
ration requests funding support for Fantasy Theatre Factory's
be held, for the first time, in the newly designed Miami Beach
of Miami Beach from January 2008 to June 1, 2008 (half year).
~ weeks of theatre arts education classes (10) provided by
ses are 1 1/2 to 2 hrs. in length and service 30-40 students per
Ived with each workshop. Over the course of ten weeks, 5-12
gram will partner with Miami Beach High's theatre department to
day so that any student may have access to the residency.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Fantasy Theatre Factory
Date(s) of Project: 1
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
Personnel -artistic 1,700 1,200
Personnel -technical 1,500 0
Personnel -administration 1,000 1,000
Outside artistic feeslservices 2,600 0
Outside other fees/services 0 0
Marketing/Publicity 0 0
Space rental 0 0
Travel 0 0
Utilities 0 0
Equipment rental 500 0
Office supplies 0 0
Insurance/Security 1,000 0
Other Costs: (Itemize below)
Theater Supplies 500 0
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
individual support
Government grants
Federal
State
Local
CASH IN-KIND
0 0
0 0
0 0
0 0
0 0
0 0
0
0 0
1,200 0
2,600 0
Total cash expenses 8,800
Total in-kind expenses 2,200
Total project expenses 11,000
CASH Sz IN-KIND
Other Contributions (Itemize below)
Miami Beach Sen High. 2,200
City of Miami Beach Grant Award 5,000
Total cash revenues 8,800
Total in-kind revenues 2,200
Total project revenues 11,000
CASH ~ IN-KIND
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Exhibit 2-B:
Name of organization: Fantasy
Date(s) of Project: 1
Grant Award: $5,000
Budget /Revised Grant Award Budget
Factory
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 1.500 Equipment Rental
Personnel -technical 1,000 Space rental (Performance
Related Only)
Outside artistic fees 1,500 Insurance (Performance
Related Only)
Marketing/Publicity 0 Total Other Costs (itemize
Below)
Printing 0
Description Amount
Postage 0 equip purchase 500
In County Travel 0
0
0
500
500
TOTAL (must equal grant award): 5.000
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 Expenditu
• Artistic and technical
• Production costs relai
• Honoraria
• Equipment rental and
• Marketing
as Relates to Grant Project:
> directly related to the proposed program or event
to the proposed program, project or event
materials
• 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
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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 Cu ltural Affairs grants programs
• Administrative salaries or fees
• "Bricks and mortar" or p ermanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach serv ices (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general opera ting costs related to the operation of the organization (Cultural Anchors
excluded from this restric tion)
• Travel or transportation o utside the local Miami Dade County area
• Social/Fundraising event s, beauty pageants or sporting events
• Hospitality costs includin g 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 event serves to specifically benefit City of Miami Beach
government
Required supporting material
project:
• Copies of all receipts, in
RECEIPTS, INVOICES
ACCORDING TO THE ~
advertising payments)
• Proof of logo and credit
• Proof of performance(s)
for final reports submitted within 45 days upon completion of grant
oices and expenditures of grant monies. CATEGORIZE ALL
-ND CANCELLED CHECKS (front and back copies), ETC.
RANT BUDGET (i.e. -all artists payments, separate from
ne in project publications and advertisements
such as programs, brochures and flyers.
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Mission: Incorporated since 1982, Fnntnsy Theatre is dedicated to creating original quality theatre programs for
children and families and to making these programs accessible to more people of all cultures and backgrounds.
November 15, 2007
Miami Beach Cultural Affairs Program
Department of Tourism & cultural Development
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Gary Farmer,
Enclosed please find two copies of our revised, signed, corporate sealed and notarized
contract for the 2007-08 grants award. I apologize for the delay, I was on tour with
another show and thought I had submitted it before I left town.
If you need any further information I can be reached at contact numbers listed below.
Thank you.
Sincerely,
Ed Allen
Fantasy Theatre Factory 7069 SW 47'" Street, Miami, Florida 33155
Phone: 305-284-8800 Fax:305-284-8863
Web: www.ftfshows.com Email: infoC~ftfshows.com