Fantasy Theatre Factory~~dS-~ ~~ ~o~
MIAMI BEACH
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 _1~~ day of _~O,~trs4_~~ , 2008, between
the City of Miami Beach, Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
Remaining 50%
Final Report.
3. Project description
4. Itemized budget:
hereto
5. Contract deadline:
Fantasy Theatre Factory
Ed Allen
7069 SW 47th Street
Miami, Florida 33155
305-284-8800 305-284-8863 mimi@fttshows.com
$ 7007.04 50% paid upon execution of this Agreement.
paid upon completion of Project and submission and approval of
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached
October 27, 2008
6. Expenditure deadline: September 30, 2009
7. Project completion date: June 1, 2009
8. Final Report deadline: Must be postmarked or delivered no
later than 45 days after Project comp~ect_,i~gn date. G~fy~-~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _ _ day of _ , 2 8.
a i . Bower, M r
Attest:
Robert Parcher, City Clerk
seal
GRANTEE: Fantasy Theatre Factory
Federal ID #: 59-223-0097 APPROVED AS TO
GE
BY: Ed Allen)
Printed Name of Organization's
IPO ~0
Signature
STATE OF FLORIDA, COUN F MIAMI- DADE
The fore ing instr acknowledged before me
thi day of 2008, by
~- ~ of
. anot-for-profit
corporation. He/She is personally known to me or has
produced as
identification. ~,~ ~ ~
Signature of Notary Public " ~ r~
Notary Name: ~ 1 I ~L~(.V' t
Notary Public, State of Florida
NOTARY PUBLIC-STATE OF FLORIDA
2 ~"'"''~t Lilian Correa
• Commission #DD695153
.,,,,,,•..• Expires: NOV. Ol, 2011
BONDED THRU ATLANTIC BONDING Co., INC.
My Commission Expires:
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. Project 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, 2008.
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 include visits
by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to
discuss the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in
accounts in established Miami-Dade County banks or savings and loan associations whose identities shall
be disclosed in writing to the Cultural Affairs Program Manager or his Designee with the identity and title of
individuals authorized to withdraw or write checks on Grant funds.
7. Accounting and Financial Review: The Grantee must keep accurate and complete books and
records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting
standards. These books and records, as well as all documents pertaining to payments received and made
in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be
retained in Miami-Dade County. in a secure place and in an orderly fashion by the Grantee for at least two
(2) years after the Expenditure Deadline specified in Article I-5. These books, records, and documents may
be examined by the Cultural Affairs Program Manager or his Designee or his Designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs
Program Manager or his Designee may, at the City's expense, audit or have audited, upon reasonable
notice, all the financial records of the Grantee, whether or not purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program,
Cultural Arts Council. Failure to do so may preclude future grant funding from the City in the same
manner as if Grantee defaulted under this Agreement, pursuant to Article II-12.
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9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its
officers, employees, agents and instruments from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its
employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that
any insurance protection required by this Agreement, or otherwise provided, shall in 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 claim or judgment by any one
person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when
totaled with all other claims or judgments paid by the 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 and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed
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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 III /Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and services recommended for
support. As such, use of these funds for any program component not meeting this condition will be
considered a breach of the terms of this Agreement and will allow the City to seek remedies including but
not limited to those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or
sex.
The Grantee hereby 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
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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 Fantasy Theatre Factory
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-
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Exhibit 1 /Revised Project Description
Organization: «Grantee»
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
fo 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:
This application requests funding support for Fantasy Theatre Factory's (FTF) Theatre Arts
Residency to be held at Miami Beach Senior High (MBSH) in the city of Miami Beach from
October 1, 2008 to June 1, 2009 This residency will offer 20 weeks of theatre arts education
classes (20) provided by Fantasy Theatre. Factory artists. Classes are 1 1/2 to 2 hrs. in length
and service 37+ students per class. 2-3 FTF artists teach each workshop so that students
have a small teacher/student ratio for learning new skills. Over the course of twelve weeks, 5-
12 artists will be utilized. Fantasy Theatre is partnering with Miami Beach Senior High
administrative offices to offer these classes, so that any student could have access to the
theatre workshops.
Project 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.
This application requests funding support for Fantasy Theatre Factory's (FTF) Theatre Arts
Residency to be held at Nautilus Middle School in the city of Miami Beach from October 1,
2008 to June 1, 2009 This residency will offer 12 weeks of theatre arts education classes
(12) provided by Fantasy Theatre Factory artists. Classes are 1 1/2 to 2 hrs. in length and
service 25+ students per class. 2-3 FTF artists teach each workshop so that students have a
small teacher/student ratio for learning new skills. Over the course of twelve weeks, 5-12
artists will be utilized. Fantasy Theatre is partnering with Nautilus Middle School's
administrative offices to offer these classes, so that any student could have access to the
theatre workshops. (Please refer to: Letters of Support.)
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: «Fantasy Theatre Factory»
Date(s) of Project:
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 3.590 1.400 Admissions 0 0
Personnel -technical 2.135 0 Contracted services 0 0
Personnel -administration 1,785 1.680 Tuitions 0 0
Outside artistic fees/services 3,493 0 Corporate support 0 0
Outside other fees/services 0 0 Foundation support 0 0
Marketing/Publicity 210 0 Individual support 0 0
Space rental 140 0 Government grants 0 0
Travel 140 0 Federal 0 0
Utilities 0 0 State 4.013
Equipment rental 0 0 Local 3.400 0
Office supplies 0 0
Insurance/Security 1.400 0
Other Costs: (Itemize below)
SupplYEpuipment Purchase 1,527 0
0 0
Total cash expenses 14,420
Total in-kind expenses 3,080
Total project expenses 17.500
CASH 8~ IN-KIND
Other Contributions (Itemize below)
NMS 0 1.680
NMS Admin 0 1.400
City of Miami Beach Grant Award «7,007»
Total cash revenues 14.420
Total in-kind revenues 3.080
Total project revenues 17,500
CASH 8< IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: «Fantasy Theatre Factory»
Date(s) of Project: 10/1/08-9/30/09
Grant Award: $«7007.00»
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 2,470 Equipment Rental 0
Personnel -technical 700 Space rental (Performance
Related Only) 0
Outside artistic fees 1,400 Insurance (Performance
Related Only) 1.400
Marketing/Publicity 0 Total Other Costs (itemize
Below) 967
Printing 70
Description Amount
Postage 0 supplies 967
In County Travel 0
TOTAL (must equal grant award): 7,007
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
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Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from 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.
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