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Tiger Tail Productions Inc. . City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this ~ day of 0 (.I~1xv , 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and T"~u.fa.i( l'r-OdIlCh'aVlS (Grantee). Article I I Grant description I: ~ eV'..f-.c...' I 'V'I'~\..JC.~ O'N"::> lIre:.... "8'-\~ NW 8ik Co.\J....+- H.~o.m., .~e- 33\2G (3oS\~33'l-,R1xa~SqS-9S~G <ax'r'O..i\ @ "'< ~ +c..i \ . QY3 Grant amount: ,i\ \ \ ) Sex::) 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project, submission and approval of final report. Project description: See Exhibit I, attached hereto Itemized budget: See Exhibit II, A and B attached hereto Expenditure deadline: Seoternber 30. 200 I Report deadline: No later than 90 days after Project completion. 1. Grantee: Address City, state, zip Phone, fax, email 2. 3. 4. 5. 6. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ,. daYOf~ 2000. CITY OF 'ifliBACH Neisen Kasdin, Mayor ATTEST: -~~ r~ Robert Parcher, City Clerk GRANTEE! ~ey -\0:\ \ 'Vr~iOV\l:> Print Name of ization Federal ID # 59- L92/3f"J O.s BY: L;v-An r\. Sf'l'\....~h Printed Name of Chilirman or President Si~ (Grantee's Corporate seal) APPROVED AS 10 FORM & LANGUAGE & FOR EXECU110N B: ~~ L\lF-t 'nted Name xecutive Director iJdurfMA<t L.~ /fAl 1k1A'J.J 1'- !-D ~ <(4 ~ DoIlI , . .' 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 Executive Director of the City of Miami Beach Cultural Arts Counci~ or his designee, who shall be referred to herein as the "Director of the Council." 2. Project Descriotion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No.1. All expenditures will be subject to the terms of this Agreement, and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (l0%) per category, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must furmally request authorization via a letter to the Director of the Council detailing and justifYing the changes. All Grant recipients must participate in Miami Beach Second Thursdllys (see Article ill-19). The following City ofMiarni Beach" Anchors" are required to provide specific information in their Project Description, attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization( s) of their choio:, supported by the City's Cultural Arts Council, either by offering rehearsal spao:, worlO.ng on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 2000/2001 are defined as follows: ArtCenter/South Florida Bass Museum of Art Cono:rt Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualifY it from future consideration from the City's Cultural Arts Grant Program. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days ofthe Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001. 4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2. By making this Grant, the City assumes no obligation to provide fmancial 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. PrOl!l'llIl\ Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bondine: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. : " 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of an receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as wen as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial 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 Cu1turfll Arts COUllcillogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the ~e manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liability and Indemnification: The Grantee shall indemnifY and hold harmless the City and its officers, employees, agents and instruments from any and an 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 aU 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 defmed the City or its officers, employees, agents and instrumentalities as herein provided. Ifthe Grantee is a government entity, this indemnification shan only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions ofthat 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 an 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. Assignment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shan be treated as an event of default pursuant to Article II-12, below. 11. Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Ordinance No. 72-82 (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. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shan have no further obligation to the Grantee under this Agreement Further, in the event of a breach of any term or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written den\and 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 wi\l 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 lIS 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 Dead1ine; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (I) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude, the City from pursuing any other remedies that may be available to it under the law. 13. 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 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 I-I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this ~t: 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 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. Article III I 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 wi\l 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. 19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cultural open house on the second Thursday of every month. Free arts events will be held at muhiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article n - 12 herein. Exhibit 11 Revised Project description Organization: Tiaertai 1 Production. Inc . Project title: Beach Events 6th ~nnual Florida/ Brazil Festival Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the organization's participation in Miami Beach Second Thursdays. Miami Beach Anchots should list specifics about their mentoring program. Tigertail received support for the Beach Events of our 6" Annual FLAlBRA (FloridalBrazil) FestivaL FLAlBRA 2000 is a October to mid-November comprehensive international exchange festival of new work from Brazil and Florida, that features more than 25 events and 50 artists in dance, music, theater, video and the visual arts. FLAlBRA an eclectic and fun festival, brings together artists, critics and cultural leaders from Brazil and Florida, including prestigious artists who are recipients of NEA, State of Florida, Guggenheim, Fulbright, MacArthur and Vitae awards. It presents a fresh and innovative face of Brazil's dance, music, film and visual arts, and a look at the work of some of Florida's most distinctive voices in these disciplines. The FLAlBRA 2000 Festival Beach Events feature a wide-range of activity. · Feeding Frenzy - an event for 4 musicians, 4 chefs and an audience that eats. This lively event is the brain-child ofNYC composer/musician Fast Forward and performed at the Miami Beach Women's Club. · Miami Beach media artist Charles Recher win create an interactive "Video Prophet" who roamed the streets of South Beach three week ends in October and November. · Box of Images - This magical poetic puppet theater group from Brazil performed outdoors on Lincoln Road. o Discussion on new dance with area choreographers, dance writers, dancers, Brazilian dance critic Christine Greiner and Brazilian dance festival curator Leonel Brum, Colony. o Premiere of DOG DOG, a new dance work by Beach-based Giovanni Luquini, Benton-C. Bainbridge, Colony Theater. (fifty over fifty commission) o Premiere of a new dance work by Demetrius Klein to live music, Colony Theater. (National Endowment for the Arts commission) · Brazilian music concert by the noted vocal ensemble MPB-4, Colony Theater. · Dance Concerts at Colony Theater Joilo Saldanha's work danced by Marcelo Braga (selected as best dancer in Rio in 1999), Quasar, a stunning Brazilian company that recently appeared at the Joyce Theater in NYC. The second Thunday participation was a performance of Pereres in front of the Colony Theater on November 9 at 9 PM by Rainbow Park Elementary students, choreographed by Giovanni Luquini. Since 1986, Tigertall has produced more than 70 projects with Brazil, both in Brazil and in South Florida. The festival is an evolution of these years of exchange projects. In 1995 Tigertaillaunched FLAlBRA to promote and showcase new work and ideas in dance, music, film and the visual arts from Florida and Brazil and to provide a festival for tourists and residents to attend CHANGESIREPLACEMENTS The following changes or replacements were made: An Award Ceremony did not take place. The Press Conference took place in Miami. The Box of Images replaced Pia Fraus. MPB-4 replaced Djavan at the Colony Theater. Christine Greiner replaced Helena Katz. Marcia Milhazes Dance Company was replaced by two additional nights of performances by Quasar Dance Company. AU events remained the same as in the original proposal. Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: T i qer t ail Project Title: Productions, Inc. Date(s) of Project: 10/1/00 - 11/15/00 Beach Events 6th Annual Florida/ Brazil Festival 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 25000 Personnel - technical 8350 Contracted services 5000 Personnel. administration 46000 Tuitions Outside artistic fees/services *,,,"(1(1 Corporate support 26000 Outside other fees/services Foundation support 9000 MarketinglPublicity 1A'j00 16000 Individual support 10000 Space rental (;nno Government grants 69100 Travel 7<;000 14000 Federal 5000 Utilities State 26700 Equipment rental 4000 Office supplies Insurance/Security 1700 Other Costs: (Itemize below) Other contributions (Itemize below) Production costs 6000 Hospitality 2500 Van Rental 1750 Documentation 2000 Grant award 11500 Total cash expenses 187300 Total cash revenues 187300 Total in-kind expenses 30000 Total in-kind revenues 30000 Total project expenses 217,300 Total project revenues 217,300 (cash + in-kind) (cash + in-kind) " Exhibit 2: Revised Project Budget / B. Grant Award Budget Name of organization: TiqertaU >Project Title: Beach Events 6th Annual Florida/ Productions, Inc. Brazil Festival ~s)ofProj~: 10/1/00 - 11/15/00 Directions: Identify and itemize a1Sh expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grallt EXDeDsel Personnel- artistic Pcrsonnel- teclmicaI Peraonnel. administrative 3000 Space rental 2000 Travel (local only) Outside artistic fees MarketinglPublicity 1500 5000 Outside other fees Other costs (ltDrl4e bel_) TOTAL $11 ,500 GnIIIl requirements: Grant monies lftIUt be spmJt within budget categories agreed upon in contract All publications associllted with Miami Beach CU1tural Arts CoUllCil grant support must include the ~ of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" GraDt funcIa may Dot be UMd for: RemWlllrlllion of City employees fur any services rendered.. pan of a project receivklg a gnIIll fi'om the City of Miami Beach Cultural Arts CoWl4'il "Bricks and mortar" or pertIUlllellt equipment (pennanent equipment necessary fur propased project may be purchased if the price is less than wbat is would cost to rent the equipment) Debt reduction Out-of-county travel or 1nInsportation Fwulraising evenlS Hospilality 0VenlS Events not open to the public -Q,.~ 6th Annual FLORIDAlBRAZll. FESTIVAL FESTIVAL BUDGET 2000 EXPENSES Administration Director-70% of time X $30,000 Administrative Asst Part-time Project Assistants, driver, proj assts Crew for concerts - Colony Lighting Designers for concerts, (Fliss $850, Mazzola $1500) Event Insurance - Colony Artist fees . dance - Saldanha, Quasar, Luquini, Klein, SalalTriff . music - MPB-4, Fast Forward, RobertotMatamoroslTriftiEvans . video prophet - Recher . real time video - Benton Bainbridge . exhibition - Flynn . theater - Box ofImages, Celso Curl · critics/educator - Christine Greiner, Leone1 Brum Travel -40 artist: Brazil/MiamilBrazil, NYC/Miami/NYC Hotel Hall Rental, Colony & Miami Beach Woman's Club Equipment Rental Production Costs Printing & Postage Advertising Phonelfax/courier/shipping Hospitality Van Rental Documentation, photo & video $24,000 18,000 4,000 6,000 2,350 1,700 65,500 29,000 10,000 6,000 4,000 6,000 12,000 20,000 2,500 2,500 1,750 2,000 TOTAL EXPENSES $217,300 page 2 FLAlBRA budget 2000 INCOME Admissions (most events are free) Corporate M-DCC Target, Publix, Capezio, PineBank, other Foundation Arthur F. & Alice E. Adams Charitable Foundation Knight Foundation fifty over fifty Foundation for Contemporary Performance A Government National Endowment for the Arts Miami Beach Cultural Arts Council Southern Arts Federation State of Florida International, Touring, A.LE. Miami-Dade ICE, IDC, Festival, Cul Adv FHC Coral Gables Miami-Dade County School Board Contracted Services FlU, New World Theater & Dance Private In-Kind Hotel - Miami River Inn, Albion, other V ARIG Brazilian Airlines Various P/R support Column Totals CASH IN-KIND $25,000 3,000 23,000 2,000 1,000 5,000 1,000 5,000 ll,500 2,000 22,700 63,100 2,000 1,000 5,000 5,000 10,000 $187,300 4,000 10,000 16,000 $30,000 INCOME TOTAL S 223,300 as of 12/5/00