Tigertail Productions, Inc.~ ode- a ~ ~o~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this ~-E-- day of ~ ~ , 2008,
between the City of Miami Beach, Florida (the City), and (Gras tee).
Article I /Grant Description
1. Grantee: Tigertail Productions, Inc.
Grant Contact: Mary Luft
Address: 842 NW 9th Court
City, State, Zip: Miami, Florida 33136
Phone, fax, a-mail : 305-324-4337, 305-545-8546, mluft(catigertail.org
2. Grant amount: ~ 18,888.06 50% paid upon execution of this Agreement.
Remaining 5086 paid upon complefion 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, 2008
6. Expenditure deadline: September 30, 2009_
7. Project completion date: ~ i ~D , ZOO~1
8. Final Report deadline: Must be postmarked or delivered no later than 45 days
after Project completion date.
IN V1 TNE.~ S 1jVHEREOF, the parties hereto have executed this Agreement this day of
` Y, 2008.
Matti H. Bower, Mayor
Attest: p
Robert Parcher, City Clerk
(Grantee's Corporate Seal Here)
APPROVED AS T4
FORM & LANGUAGE
8~ FOR EXECUTION
0 to It ~
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GRANTEE: ~' J r --~'
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Federal ID#: ~ ~ ~ ~ ~ ~ ~S 7 1~S
BY: G~V' ~~ "T-
Printed Name of Organization's A horized Representative
Signature ~ 1
STATE OF FLORIDA, COUNTY OF MIAMI- DADE s t--
The foregoing instrument was acknowledged before me this ~ day of 0 ~`~O~O ~ ~ 2008,
by ~M~t~., L~f+~ of Ti G,-~s ~~ 1 ra u< <u~. K , a not-for-
rofit corporatio He/She is personalty known to me or has produced
~L D L 30 ~ 1 ~}'-I 6 as identification.
Signature of Notary Public
Notary Name: /v ~ t~ ~ L ~ C"~ o~ U ~ ~~ ~
Notary Public, State of Florid
NICOLE QOF10RDo
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F.XPtRES: tuletch 2S, 2012
My Commission Expires: ea,aaan,~-~r~
Article II /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, 2009, must submit their final reports no later than November
15, 2009.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified 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 incude 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.
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 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
Gaim 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
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 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 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 andJor 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 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 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-1 of this Agreement, and to the City when addressed as follows:
Gary Farmer, 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 Agreement: 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 I11 /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 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. 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-
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
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 event 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.
Exhibit 1 /Revised Project Description
Organization: Tigertail Productions, Inc.
Completely describe Project approved by the Grants Panel and in a separate narrative detail a//
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.
Project description as approved by Grants Panel:
October 24 & 25, 2008, Colony Theatre, Tigertail premieres a new work by
Brazilian composer ~ivio Tragtenberg -Miami Never Sleeps (MNS). MNS is a
reworking and merging of two amazing projects by Livio Tragtenberg. -his Sao Paulo,
Brazil street musician orchestra Neuropolis created in Brazil and his Miami Nervous
City Orchestra (NCO) created in Miami in 2005. Both projects reflect how immigrant
populations reprogram the cultural sound and mind of a community. Miami Never
Sleeps brings together four street musicians from Brazil and four musicians from
Miami.
November 2008, Dorsch Gallery, Miami, Tigertail presents Rammed Earth, Tere
O'Connor has been making dances since 1982. The company has performed
throughout the US and in Europe, South America and Canada. He recently created a
solo work for Mikhail Baryshnikov entitled Indoor Man. Tere O'Connor is a 1993
John Simon Guggenheim Fellow. Among recents awards, he has received a
Foundation for Contemporary Performance Art Award and a National Dance Project
Award. He has received three New York Dance and Performance "Bessie" Awards.
February 7, 2009, Colony Theatre, Tigertail presents blues master John Hammond.
From coffeehouses to concert halls, festivals and beyond, John Hammond has spent
forty years entertaining blues, folk and rock audiences around the world, performing
intense solo-acoustic blues. A Grammy Award winner and four time nominee,
Hammond has shared the stage and/or recorded with many of the masters, including
Muddy Waters, Willie Dixon, John Lee Hooker and Howlin' Wolf.
March, 13 & 14, 2009, Colony Theatre, Tigertail brings back the internationally
recognized Marie Chouinard Dance Company from Montreal, Canada and her
new work Orpheus and Eurydice, which premiered in Rome, February 2008. Marie
Chouinard is a master at delineating desire. Compagnie Marie Chouinard is now a
fixture on the world's major stages and festivals. The company's ten dancers offer a
thrilling performance filled with tension, emotion and violence, broken by flashes of
humor. Marie Chouinard designed the lights and set. Costumes were created by
Vandal.
• April 18, 2009, Colony Theatre, Tigertail premieres a new work by La Intruse, a
stunning new dance company from Barcelona, Spain. Tigertail and Miami's Centro
Cultural de Espana will co-present the company.
March/April/May/June, Miami Beach Public Library, WordSpeak, exact dates and
times to be set with the library. WordSpeak, A Spoken Word Teen Project is a spoken
word language and literacy project created by Tigertail Productions. WordSpeak helps
teens acquire accessible teaching tools with an in-depth focus on language, identity
and literacy development. It helps youth to invest in education through the power of
the spoken word. It gives young people an opportunity for their voices to be front and
center as part of larger cultural dialogue. The goal is to develop a significant writing
and speaking project for teens, led by artists of excellence. Tigertail will send a Miami
poetry team to the National Brave New Voices Poetry Slam in July 2009. Slams will
take place at the Miami Beach library to select the team. Performances of works
created by Miami Beach teens will be performed at the Miami Beach Public Library.
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.
• October 10, 2008, Byron Carlyle, Tigertail presents stand-out Dutch jazz trumpeter
Eric Vlceimans with his trio Fugimundi in their debut U.S. tour. Vlceimans is a super
talent in the Netherlands, regarded as one of Europe's best performers.
November 2008, Dorsch Gallery, Miami, Tigertail presents Rammed Earth, Tere
O'Connor has been making dances since 1982. The company has performed
throughout the US and in Europe, South America and Canada. He recently created a
solo work for Mikhail Baryshnikov entitled Indoor Man. Tere O'Connor is a 1993
John Simon Guggenheim Fellow. Among recents awards, he has received a
Foundation for Contemporary Performance Art Award and a National Dance Project
Award. He has received three New York Dance and Performance "Bessie" Awards.
• December 27, 2008, Colony Theatre, Tigertai) and Florida Dance Association
present DIN A 13, an acclaimed mixed-ability dance company from Germany. As part
of danceAble at the FDA WinterFest, choreographer and company founder Gerda
Konig returns to Miami with her piece Body Distance Between the Minds.
March, 13 & 14, 2009, Colony Theatre, Tigertail brings back the internationally
recognized Marie Chouinard Dance Company from Montreal, Canada and her
masterpiece Rite of Spring and The Afternoon ofA r=aun. Marie Chouinard is supreme
at delineating desire. Compagnie Marie Chouinard is now a fixture on the world's
major stages and festivals. The company's ten dancers offer a thrilling performance
filled with tension, emotion and violence, broken by flashes of humor. Marie
Chouinard designed the lights and set.
April 18, 2009, Colony Theatre, Tigertail premieres a new work Alfredo Triff Trio &
Special Guests, New Cuban Music, Dada-Son, An evening of lush, sultry, melancholic
urban versions by Miami's own -violinist and composer Alfredo Triff and his
outstanding trio of virtuoso performers with special guest artists Roberto Poveda,
Adrian Castro and Rosie Inguanzo.
March/April/May/June, Miami Beach Public Library, WordSpeak, exact dates and
times to be set with the library. WordSpeak, A Spoken Word Teen Project is a spoken
word language and literacy project created by Tigertail Productions. WordSpeak helps
teens acquire accessible teaching tools with an in-depth focus on language, identity
and literacy development. It helps youth to invest in education through the power of
the spoken word. It gives young people an opportunity for their voices to be front and
center as part of larger cultural dialogue. The goal is to develop a significant writing
and speaking project for teens, led by artists of excellence. Tigertail will send a Miami
poetry team to the National Brave New Voices Poetry Slam in )uly 2009. Slams will
take place at the Miami Beach library to select the team. Performances of works
created by Miami Beach teens will be performed at the Miami Beach Public Library.
Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Tigertail Productions, Inc.
Date(s) of Project: 1011/08-9/30109
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 0 0 Admissions 25000 0
Personnel -technical 12000 0 Contracted services 3000 0
Personnel -administration 70000 0 Tuitions 0 0
Outside artistic fees/services 70000 0 Corporate support 25000 15000
Outside other fees/services 5000 5000 Foundation support 62000 0
Marketing/Publicity 46000 5000 Individual support 21111.94 5000
Space rental 6000 _ Government grants _
Travel 25500 10000 Federal 20000 0
Utilities 3000 _ State/Local 75000 0
Equipment rental 7000
Office supplies 3000
Insurance/Security 2500
Other Costs: (Itemize below) Other Contributions (Itemize below)
0
0
0
0 _
City of Miami Beach Grant Award 18,888.06
Total cash expenses 250,000 Total cash revenues 250,000
Total in-kind expenses 20,000 Total in-kind revenues 20,000
Total project expenses 270,000 Total project revenues 270,000
CASH & IN-KIND CASH Sz IN-KIND
. Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Tigertail Productions, Inc.
Date(s) of Project: 10/1/08-9/30/09
Grant Award: $18,888.06
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 0 Equipment Rental 0
Personnel -technical 5000 Space rental (Performance
Related Only) 2000
Outside artistic fees 10000 Insurance (Performance
Related Only) 0
Marketing/Publicity 1888.06 Total Other Costs (itemize
Below) 0
Printing
Description Amount
Postage _ _
TOTAL (must equal grant award): 18,888.06