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Mid Eastern Dance Exchange City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this .3 Of' day of Qd,.0 V\- ,2000 between the City of Miami Beach, Floridll, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and j1ick>.Mff.vr\... )a.I?t:e p.,(~~ (Grantee). Article I I Grant description J;\I~ &.s.+-vw D(.YJc't.-&c,^()Vj~ ~So U,..,'coL \1.0PclltsoS- fY1 iA"""; e,\Acl" \':"I,:S~ IS ~ P~)3()S)S3'i:-IW;( FMSOS)S3~-S:,;}O t.Y'N':\ 'l-oollolQ."., -€-"""' 1. Grantee: Address City, state, zip Phone, fax, email 2. Grant amount: # 10d 0 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project, submission and approval affinal report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibit II, A and B attached hereto 5. Expenditure deadline: Seotember 30. 2001 6. Report deadline: No later than 90 days after Project completion. -r'- IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~c) - day of 0 C -h:k"l--2000. CITY OF GRANTEE! K\6 tAS.t-u.J DrWcL [K.C~5C Print Name of Organization Federal ID# 6'i; -O:l \l 0 f b ArrEST: ~J- PdA-rbA. Robert Parcher, City Clerk ~ II.~ ( BY:~...... _' - I AYY\fl. ::iN Printed Name of ainnan or President CC~!~ Signature H (lfl.-rl1's (Grantee's Corporate seal) Signature APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION BY: ('(\O"'<.\... ~. fIlA" J.... If Printed Name ofE fn)c--nCI... Signature ^ 1)1 !JI1f)l~ 12 J..,@ Ci~ A'l:mey '. '" Article III General conditions I. 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 AJts 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. I. 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 categoty. 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 fonnally 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 ThUl'Sdoys (see Article ID-19). The following City of Miami Beach" Ancholll" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization(s) oftheir choice, supported by the City's Cuhural 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. 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 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 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. Proeram Monitorin!! 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 Bondin!!: 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 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) Ye<lfS 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 financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicitv and Credits: The Grantee must include the CIty of Miami BeilcII Cu/tIIIYll Arts CouncU logo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BF:A.CH. 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 n - 12, below. 9. Liabilitv and Indemnification: The Grantee shall indemnitY and hold hann1ess 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 oJ: 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 indemnitY, keep and save hannless and defmed 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 if\iury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence ofthe Grantee entity. 10. Assil!lUllent: 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 n-12, below. 11. Comnliance 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 shall have no further obligation to the Grantee under this Agreement. Further. in the event of a breach of any term or condition of this Agreement, upon five (5) calendar days written demand by the 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 actua\1y been disbursed by the Grantee as of the date that the written demand is received. In the event that this Grant is cance\1ed or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement. " The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request in writing from the 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. lodu~ence 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 A2reement: 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 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 nJ 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 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 oftbe 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. AU Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural 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 IT- 12 herein. Exhibit 11 Revised Project description . i J E)(chf\'\J~l Organization: I'j \ 0 EJ' S ~ I, {OII\J ( \. Proj title: Com letel describe Project approved by the Grants Panel and in a separate narrative d~tail the revisions to .the Pro' ~ ba:ed u n the award. Please be as specific as possible; name of event, venue, tImes, etc.. Also, ~eta" the or~ization's ~articipation in Miami Beach Second Thursdays. Miami Beach Anchors should lIst specIfics about their mentoring program. 08 u ,u~f) 1,'''1 Orientalial Middle Eastern Music and Dance Festival will begin January II, 200 I and continue until February 11,2001. . .The main event will be tbe Orientalial , outdoor performance, which is free to the public and includes ovcr twenty dancers, including special guest dancers and musicians.. This public performance will be held at the Euclid Avenue oval on Thursday, Feb. 8,2001. Additional events planned: I. Free rhythm workshop. 2. Folkdance class by Amir Thaleb for second Thursday. 3. Weeldong musicldance film run at the Alliance cinema. 4. Six classes for deaf students. 5. Free performance at the Miami Beach Senior Center. 6. Series of six classes for children held at the M.E.D.E. studio. 7. Four master classes by guest instructor, Amir Thaleb. ." " Revisions: We received $7000 instead of $13,000, but were able to secure $3500 from another source. I. Free rhythm workshop (no change) 2. Instead of the folkdance class, we have moved the Orientalia outdoor festival date to a second Thursday, which is February 8. 3. No film run at the Alliance, as it is closed, but we have contacted the management of South Beach Cinema with ideas of playing the well known Tunisian fiI "Silences of the Palace", at some time during the Orientalia Festival. 4. Six classes for Deaf students (No change). 5. Free performance at Miami Beach Senior Center (No change), the deaf students and children will participate in that performance. 6. Six classes for children will be held at the South Point Elementary school, and taught by guest artists. 7. Five master classes by guest instmctors. .Instead of Argentine dancer Amir Thaleb, the guest artists will be the three member, New York based dance troupe, "Bellyqueen", plus Angela Lambm of New York, who is also a stock broker and will be giving a free seminar on financial planning for freelance artists, and internationally recognized dancer Oondi Dahlin. The musicians will be the same as proposed in the origional grant. Involvement In second Thursdays: The Orientalia outdoor festival wiN be held on a second Thursday (February 8), and a welcoming reception for Bellyqueen Mia be held at the M.E.D.E. studio on Thursday, January ll,from 6-7:30pm, which wiN be open to the public. Exhibit 2: Revised Project Budget I A. Total Project Budget MiMA~t'UW OtwC \.. Name of organization: C \<. l h "".9.tProject Title: Date(s) of Project: 1(11 / luo~ - )/1- t / 7..<">01 ~ Or~\ &0.~t:\ 1,/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 Personnel - artistic Personnel - technical Personnel - administration Outside artistic fees/services Outside other fees/services MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: T U'lh\A\ (fItIC lhssu) Total cash expenses Total in-kind expenses Total project expenses cash in-kind ;) 000 1').00 /30L) 'd-OOO 3000 (Itemize below) I UOtl \ I S00 I -? SOQ 1 , 19,000 (cash + in-kind) Admissions Contracted services Tuitions (<JOG Corporate support--/ Foundation support Individual support Govemment grants Federal REVENUES State cash .:,Suo in-kind Other contributions (Itemize below) IIv I'I"~ ~O\ '1-N)v'2Av(' 500 (;0'" \ <;:oo~{ I'WI,""l ~- L.{ so 0 ~I\;V V:- c)\. Q lAI",,,b ri-S Ot) Grsnt award jOuO Total cash revenues I \ , s CJ 0 Total in-kind revenues '7. S 00 Total project revenues (cash + in-kind) Exhibit 2: Revised Project Budget I B. Grant Award Budget ~ Nameoforganization:H,') t;.~\L.uJ Di\JlL [~(hp;6j~Tit1e: Qru w ~ f\ l.A Date(s) of Project: I-I \ -() \ fa::t - 1\ -0 I Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant Exnenses Personnel - artistic J 8'00 Personnel - technical I J.. 00 Personnel - administrative Space rental Travel (local only) MarketingfPublicity (000 Outside artistic fees 'd-ooo Outside other fees Other costs (Itemize be/ow) lV't"" '^-, \~ \- 5 1000 TOTAL (1'7000 Grant requirements: Grant monies "",., be .pent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council gnmt support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" Grant fundI may not be used for: Remuneralion ofCily employees fur any services rendered as part of a project receiving a gnmt from the City of Miami Beach Cultural Arts CoWlcil "Bricks and mortar" or permanent equipment (pennanent equipment necessary for proposed project may be purcbased if the price is less than what is would COlt to rent the equipment) Debt reduction Out-of-county travel or transportation FWldraising events Hospitality events Events not open to the public