Dance Now! Ensemble $5,399.15~ MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Dance Now! Ensemble
Grant Contact: Hannah Baumgarten
Address: P.O. Box 416525
City, State, Zip: Miami Beach FL 33141
Phone, fax, a-mail : 305-975-8489, 305.200.5663, infoCc~dancenowmiami.orcl
2. Grant amount: $5,399.15 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion ofProject and submission and approval ofFinal 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 execution deadline: November 15, 2009
6. Expenditure deadline: September 30, 2010
7. Project completion date: February 28, 2010
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. y
IN WITNESS WHEREOF, the arties hereto have executed this Agreement this ~ d of ~G_~~, 2009.
"--__.
M tti He era ower, or Signatur ~ _
Attest: n A STATE O ORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk Ult. The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here}
GRANTEE:
Federal ID #: 65-1005951
BY: Hannah Baumgarten
Printed Name of Organization's Authorized Representative '
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
ts< FOR.EXECUTION
Dato
this day of 2009, by
-tom ti ~ ~ LI +'~ of
Ulf hCe. ~~ W ~ ~PYyI Q , snot-for-profit
corporation. He/She is personally known to me or has
produced F ~.- iJ ~• as
identification. ~
Signature of Notary >sub
Notary Name: ~Q hm~2 ~~A'9lit) i~.~
Notary Public, State of Florida
My Commission Expires: ~ ~ b ~~~
NOTARIAL SEAL
JAMIE E JOZWIAK
PHILADELPHIgNC tTy PHILIADELPHIA CNN
My Commission Expires Aug 20, 2013
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 Manager or his authorized designee, who shall be the
City's Cultural Affairs Program Manager.
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.
A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must
demonstrate this match through cash, other matching grants and/or In-Kind contributions not in excess of
25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10%)
per category, and shall, in no event, 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 Guttural Affairs Program Manager. Said requests shall be made in advance of the
project's commencement, 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 with a written Final Report
documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs
Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the
end of the Fiscal Year, or September 30, 2010, must submit their final reports no later than November 15,
2010. New Grant awards will not be released until all Final Reports for previous years' funding are
received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of
the Grantee. The Grant funds will only be supplied to the Grantee following 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 may monitor and conduct
an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience
Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants.
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 with the identity and title of individuals authorized to withdraw
or write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September 30).The Grantee shalt 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, including, without limitation, vouchers, bills, invoices, receipts and canceled
checks, shall be dated within the fiscal year for which they are approved and 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 City, and/or its
authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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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 1(-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 officers, employees, agents, servants,
partners, principals or contractors. 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 its obligation, as set forth herein, to indemnify, hold
harmless and defined the City or its officers, employees, agents and contractors 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 shall not be 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. DefaulUTermination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager 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, the folla~r~ir~c~provisions wi(I also a~(y_:
a. For first-time violations - Grantees shall be_r~~~ir~c~ tc~ s~~karnit a fine( report with docrrsentatian of
expenditure of all Grant funds already received {first half} up to the termination date.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year.
I-(owever Grantee wil( be a((ovued tc~ a ( for rar~is in future fiscal years.
b. For more than first-time violations - ~ porrr~l6anc~ infractions beyond first-time violations wi(I be
considered by the Cultural Affairs Program Manager, can a case-b -case basis~As part of his consideration,
the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the
final decision as to whether Grantee rr~a~e ~9(~v~~d ~o~~ fc~r future rc~ tents shall remain within the sole
discretion of the City.
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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 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 a certified check for the total amount due, payable to the
City of Miami Beach, Florida.
These provisions shall 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 the breach or 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 111 /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/or services recommended for
support. As such, use of Grant 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
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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-
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Exhibit 1 /Revised Project Description
Organization: Dance Now! Ensemble
Completely describe Projecf approved by the Grants Panel and in a separate narrative detail all 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:
POP! February 27, 28, 2010
Colony Theatre
Directors Salterini and Baumgarten will serve as the main choreographers for this event, again collaborating
with Lighting Designer Bruce F. Brown, and Costume Designer Marylin Skow. Additional work from the
company's repertory will complete the program.
POP! Is the newest evening-length work created by DNE Directors Diego Salterini and Hannah Baumgarten.
The work will feature a special collaboration with returning DNE composerAleksandar Djuric as well as his
recent musical partner internationally renowned Serbian Disc Jockey Miki Nenezic. Nenezic, a sound
designer whose work in music technology and the club scene has spanned over several countries over the past
20 years will remix popular music chosen by Salterini and Baumgarten to create a musical landscape and a
natural storyline. This soundtrack and connected libretto will then be played or "spun" live, on stage,
during the performance, creating a dynamic experience for the audience, as well as the dancers.
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.
NOTE: This project has been approved by the Bass Museum. Please see attached contract.
Dance Now! at the BASS Museum Feb 20, 2010: 12:30pm, 2:30 pm
Dance Now! celebrates its 10th anniversary with a multidisciplinary performance migrating through the
museum. The afternoon of site specific world premiers will be based on the three current exhibits: The
Jumex Collection, based in Mexico City, the largest private collection of international contemporary art in
Latin America, Graffitti artist Dzine's site-specific project comprising wallpaper, objects and sound socially
energizing the cafe and other areas of the museum, and selections from the permanent collection of 16th-
19th century work.
Each performance will include several separate and complete dance works, migrating through the
museum, and will run approximately 60 minutes including an "intermission" for the audience to explore
and roam independently.
This project is intended to create work, which will be both site-specific to the unique features of the
facility, but also will correlate directly to the three exhibitions hung at that time. The world premieres will
be created to resonate with the art and/or the architecture, enhancing the experience of the audience by
bringing to life the potency of the work through the art of movement and sound.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Dance Now! Ensemble -Artistic Disciplines- Dance
Date(s) of Project: November 15, 2009 -February 28, 2010
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
CASH IN-KIND
Personnel -artistic 7,500 _
Personnel -technical 500
Personnel -administration 4,000 1,000
Outside artistic fees/services 1,000 _
Outside other fees/services _ _
Marketing/Publicity 500 1,500
Space rental _ 1,250
Utilities 600 _
Equipment rental _ _
Office supplies 150
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Other Costs: (Itemize below)
Insurance 800 _
Costumes 2,500
Reception 1,000
CASH IN-KIND
1.000
2.500 250
2.500
2.151
Other Contributions (Itemize below)
Mi-Dade HCJ Grant 4,000
Marketing _ 1,500
Space _ 1,250
Admin 1,000
Reception 1,000
City of Miami Beach Grant Award 5,399.15
Total cash expenses 17,550 Total cash revenues 17,550
Total in-kind expenses 4,750 Total in-kind revenues 4,750
Total project expenses 22,300 Total project revenues 22.300
CASH ~ IN-KIND CASH ~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Dance Now! Ensemble
Date(s) of Project: November 15, 2009 -February 28, 2010
Grant Award: $5,399.15
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 5,399.15
Personnel -technical
Equipment Rental
Space rents! (Performance
Related Only)
Outside artistic fees
Marketing/Publicity _
Printing _
Total Other Costs (itemize
Below)
Description Amount
Postage _
Grant requirements
TOTAL (must equal grant award):5.399.15
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
• 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
• 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 and has been previously approved as such be the Cultural Affairs Program Manager
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). Invoices AND checks must be dated within the 2009-10 Fiscal
Year
• 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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.,
~a.,cc „ow! c,•,sc~.,~Gc
September 24, 2009
Dance Now! at the Bass Museum
This document is to serve as a contract between:
Bass Museum a.f Arc
2'121 l?ark Aeenue
Rlianu Beach, FL .13'139
Contact: Denise Wolpert, Development Associate
and
The Dance Now! Ensemble
PO Box 416525
Miami Beach, FL 3.11'11
Contact: Hannah Baumgarten, Artistic Director
Aescri,~tion of Event:
Celebrating our 10th Aiuuversary of Performances and Education, The Dance Now! Ensemble (DNE) will
present an afternoon of dance at as part of its 2009-2010 Season. The proposed Project, (yet to be titled),
will occur
Saturday, February 20, 2010
with performances at:
12:30 and 2:30 pm.
Each performance will include several separate and complete dance works, migrating through the museum,
and will run approximately 60 nvnutes including an "intermission" for the audience to explore and roam
independently.
Tlus project is intended to create ~vorl: which will be both site-specific to the unique features of the facilit};
but also will correlate directly to the three exhibitions hung at that time. Based on Tbe.Jzru~eti Co/%ction, the
largest private collection of international conteulporarl~ art in Latin America, Grafbtti artist D~r.'ne's site-
specificproject comprising wallpaper, objects and sound energizing the cafe space and e~e/eclra~.r fionr <be
~iennaaent co/%ctia~ of 16th-19Ab ce~i/r~~~~ ~i~oi;(, the world premieres will be created to resonate with the art and/or
the architecture, enhancing the experience of the audience by bringing to life the potency of the work
through the art of movement and sound.
Lo~•istics and~ro~ct with responsibilities of each participatinggroup are as follows:
•The creation and rehearsal period will begin after the November, 2009 Bass opeiungs so that Directors
Diego Salteriiu and 1-Iannah Baumgarten can spend time investigating the ~vorlc and its display duoughout the
Bass, as well as become fauuliar with the museum's layout and feanu-es. DNE will have access to the facility
whenever possible to allow proper time for this research.
•llNE will be responsible for creating and rehearsing the pieces in its own facilities.
•The Bass will provide adequate time in the facility prior to the performance (perhaps on a few mondays
when the museum is closed) for staging of the site specirc portion, as well as the re{.~carsal of the aj:t-related
pieces in their actual spaces. Der<lils will be negotiated and confirmed after the November 1, 2009 start date.
•DNE will provide all live music or necessary sound egtupment for the event, with the exception of the
grand piano located in the downstairs salon which will likely be played in the performance slated for that
gallery.
•The Bass will provide electric outlets and access to the piano.
•The Bass Lt~Iuseuu~ will include the event in its marketing campaigns in order to draw from its patrons. DNE
will provide all necessai-l~ text, logos and images for this process.
•DNE will include the event in its comprehensive and targeted annual marketing campaigns and will list the
Bass as a sponsor/collaborator on all related printed and electroivc media including its website.
•DNE urill create a printed program for the event.
•The Bass Museum must approve all publicity materials including invitation and printed program.
•The Bass il~tuseum carries a X1,000,000 tniiumum liability insurance to cover the rehearsals and the event.
•Any additional related details of the event will be negotiated with ample notice by both organizations
as they arise.
It is agreed by both parties that if DNE or the Bass Museum cannot carry out the terms of tlus agreement
because of fire, accident, strikes, riot, act of God, war, the public enem}; or for any other cause of the same
general class ~vluch could not be reasonab]y anticipated or prevented and if the contract cannot be honored
witlvn one (1) year, then neither group shall be entitled to any contractual compensation, for the time during
which said services, for such reason or reasons, were nor. able to be rendered.
Hereby Signed and agreed to by:
``~~~~~
U ~
Hannah Baumgarten, Artistic Director
Dance Now? Dliami
Date
:~
Denise ~'(~olpert, Presenter Agent
Bass Museum of Art
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Date