Florida Dance Association
..
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 8th day of November, 2000 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and
F1.ORIDA DANCE ASSOCIATION (Grantee).
1.
Grantee:
Address
City, state, zip
Phone, fax, email
Article I I Grant descriptien
...--
Florida Dance Association
505 hth stteet .......r"
'--
~ami Beach,..-'FL 33139
305-674-3350; fax 305-67493354; E-mail: tthielen@fldance.org
2. Grant amount: $1 5 ,000 50% paid upon execution of this Agreement.
Remaining 50% paid upon completion of PrOjec~nd approval offinal report.
3. Project description: See Exhibit I, attachedoher<<o
4. Itemized budget: See Exhibit II, A and B attached hereto
5. Expenditure deadline: Seotembef30.2oo1
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF ~arties hereto have executed this Agreement this 8th day of November
CITY OF MIAMI BEACH
1!1
Neisen Kasdin, Mayor
GRANTEE! Florida Dance Association
Print Name of Organization ~
Federal ID # 59-1760273'
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ArrEST:
_~r~
Robert Parcher, City Clerk
(Grantee's Corporate seal)
BY: Phyllis A. Penney
Name of Chairman
BY: Roberta Kjelgaard
Printed Name of Chief Fiscal Officer
~'o-\", ~~~
Signature . \ ,
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1Aii~
tD ~ <(-<5V
DoIot
BY: Tan Thielen
Printed Name of Executive Director
~
Signature ,
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Article II / General conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect 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 (10%) 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 necesswy the Grantee must fonnally request authorization via a letter to the Director of the Council detailing
and justifYing the changes. All Grant recipients must partieipate in Miami Beach Second Thursdays (see Article
ill-I 9).
The following City of Miami Beach" Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a smaIl to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, worldng on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization(s).
Miami Beach "Anchors" for 200012001 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above infonnation 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. Reoorts: 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 of the 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 PaYment 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. Proeram 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 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 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 all
receipts and expenditures of Grant funds, in confonnance 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) ye1ll'S 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. Furthennore, the Director of the Council 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 ofMilurti Beach CuItund Arts Council logo 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 sl!ffie manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
9. Liabilitv and Indemnification: The Grantee shall indemnifY and hold hannless 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 instrnmentalities 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 perfonnance
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 C<lSts, 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
hannless and dermed the City or its officers, employees, agents and instrumentalities as herein provided.
Ifthe 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 ofthat Statute whereby the Grantee entity shall not be held
liable to pay a personal injwy 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. Assilmment: 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, below.
II. Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State,
COWlty and City laws, including but not limited to Miami-Dade County's Ordinance No. 72-82 (Miami-Dade CoWlty'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. Defaultffennination 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 shall have no further obligation
to the Grantee WIder 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 ofthe 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 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 ofthe 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 connnitted 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 (1) 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 preclud~ the City from pursuing any other remedies that may be available
to it under the law.
13.lndul~ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn 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 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. Caotions Used in this Atzreement: 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 Reoresents Total Aereement: 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 temtS. 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 will be considered a breach of the tenns of this
Agreement and win 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 empioyment, housing and public aa:ommodations 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 <!isabllities.
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 multiple 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 II - 12 herein.
,
Exhibit 1 I Revised Project description
Organization:
Florida Dance Association
Project title:
Florida Dance 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 Anchors should list specifics
about their mentoring program.
The Florida Dance Association will produce the 23rd FLORIDA DANCE FESTIVAL from June 17.30, 2001 in Miami Beach and
Miami. This annual, critically acclaimed event presents a two-week series of public performances, hundreds of master classes
and workshops, and other special events to local audiences and attendees from across Florida, the U.S. and abroad.
No significant changes or modifications to Festival programming will occur based on the amount of the grant awarded
by the Council.
PARTICIPANTSI AUDIENCES: The Festival typically draws 400-500 participants for its educational programs from neany every
U.S. state, the Caribbean, Central and South America, and other countries. Attendees are dancers, dance students, teachers,
choreographers, administrators, and dance lovers. Performance audiences include registered Festival participants and
thousands of individuals over the two-week period from Miami-Dade and surrounding counties. Fesfval audiences tend to be
general in make up, as programs are marketed to the broadest possible range of individuals from all cultural backgrounds.
EDUCATION AND TRAINiNG: Built on diversity and variety, the Festival offers an outstanding series of master classes,
workshops and intensive study courses in a positive, nurturing and non-competitive environment for dancers, students, teachers,
and choreographers. No other dance program in the country offers as diverse a curriculum, which includes ballet, jazz, tap,
modem dance, Spanish, African, Afro-Cuban, Haitian and other culturai dance forms. Courses are also offered in various health
and body therapies. Panel discussions covering various topics or issues concerning the dance field, teacher-training courses
and courses for college credit are also part of the curriculum.
PUBliC PERFORMANCES: The 2001 Florida Dance Festival will present a series of performances and events at the Colony
Theater in Miami Beach and at New World School of the Arts in Miami. Companies are programmed to appeal to a broad and
culturally diverse audience of all age groups. Primary target audiences for Festival performances include residents of Miami
Beach and Miami-Dade County, and visitors from across the state, the country and internationally.
Featured performing artists and companies include Dance Alivel (Gainesville), Axis Dance Company (Oakland, CA), Pascal
Rioult Dance Theatre (New York), Grupo Cultural Uk-ux Pop Wuj (Guafemala), and Stephen Petronio Company (New
York). A co-presentation with Teatro Avante will open the Florida Dance Festival and close the International Hispanic Theatre
Festival. Currentiy. we are negotiating with a Brazilian company for the event. The Festival's Florida Dances series will also
present the important work of emerging student and independent choreographers and several of the state's smaller
contemporary dance companies and performing groups.
SECOND THURSDAYS: Florida Dance Association will also collaborate with T eatro Avante and the International Hispanic
Theatre Festival for Second Thursdays with an event at the Colony Theater. This is a change from the original grant
application. Current discussions with Teatro Avante include a presentation of a small contemporary dance company from
Columbia, pending their availability. If the company is not available, we plan to present an evening of short dance films and brief
readings from scenes of plays produced in the Hispanic Theatre Festival.
Exhibit 2: Revised Project Budget / A. Total Project Budget
Name of Organization:
Florida Dance Association
Project Title:
Florida Dance Festival
EXPENSES REVENUE
cash in-kind cash in-kind
Personnel-artistic $ $ Admissions $ 28,610
Personnel-technical $ 14,655 $ Contracted services $ 7,029
Personnel-administrative $ 54,464 $ Tuitions $ 65,000
Outside artistic fees/ services $ 85,750 $ Corporate support $ 35,000 $ 27,200
Outside other fees/ services $ 16,450 $ Foundation support $ 35,000
MarketinglPublicity $ 18,075 $ 16,200 Individual support $ 5,000
Space rental $ 11,050 $ 30,000 Government Grants
Travel $ 27,702 $ 10,000 Federal $ 20,000
Utilities $ $ State $ 12,500
Equipment rental $ 9,795 $ 1,000 Local $ 60,000
Office supplies $ 2,350 $
Insurance/Security $ 2,368 $
Other costs: (Itemize he/ow) Other contributions
Postage & Mailing $ 9,300 NWSA - space rental $ 30,000
Printing $ 25,525 Southern Arts Fed. $ 5,500
T-shirts & merchandise $ 1,900 N't1 Perf. Network $ 2,500
Telephone $ 2,550 VSA Arts of FL $ 2,500
Bank chgs, Permits! Fees $ 1,705 Fifty over Fifty $ 5,000
Date(s) of Project:
June 17-30, 2001
Total cash expenses
Total in-kind expenses
Total project expenses
Total cash revenues
Total in-kind revenues
Total project revenue
$ 283,639
$ 57,200
$ 340,839
(cash + in-kind)
$
$
$
283,639
57,200
340,839
(cash + in-kind)
.
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of Organization: Florida Dance Association
Project Title: Florida Dance Festival
Date( s) of Project:
June 17-30, 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Exvenses
Personnel-artistic
Personnel-administrative
Travel (local only)
Outside artistic fees
Other costs
(Itemize below)
$
10,000
Personnel-technical
Space rental
MarketinglPublicity
Outside other fees
$
5,000
TOTAL
$
15,000
Grant requirements:
Grant monies must he spent within budget categories agreed upon in original contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of
Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed project may be purchased
if the price is less than what is would cost to rent the equipment)
Debt reduction
Out-of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public