Dance Now! Ensemble~Y
~~ ® MIAMI BEACH
2viv~ ~7 SI'7
City. of Miami Beach Cultural Affairs Program and. Cultural Arts Council
Fiscal Year 201 x/11 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 20th day of September, 2010, 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 :
Dance Now! Ensemble
Hannah Baumgarten
P.O. Box 416525 .
Miami Beach FL 33441
305-975-8489, 305.200.5663, info~didancenowmiami.ora
2. Grant mount: $12,741.95 50% of base award paid. upon execution of this Agreement:
Remaining 50%,+$2,000_Byron Bonus paid upon comp/eGon of Project and
} submission and approval of Final Report.
3. Project description: See Exhibit.l, attached. hereto.
4. Itemized budget: See Exhibits2-A ProjectBudget and 2-B Grant Budget, a#tached hereto
5. Contract execution deadline:. November 15, 20.10
6. Expenditure deadline: September 30, 2011 _
7. Project completion date: ~JE~P-~t3~ 3U y zal ~
"8. Final Report deadline: Must be postmarked or delivered no later than. 45 days after Project
'
'
rti
h
F
h
S
E completion date. C( _ .
of ®C~~~
reement this /J~~da
t
d this A
t
h
WIT
IN e pa
es
ere
, t
S WHER
O
NE y
g
,
ave execu
e
o
2010.' .
Matti H era, ovver, ayor
Attest: _ ~ G
~-
Robert,Parcher, City Clerk
`` -"'_
~,,~ ..
~- . '!~~ ,
x
.~ ~-~ _ `:
~,
~ ~~ ~~ ~
fir,, y `' ~~
~r ' .~ .~~
GRANTEE: /' ~'`
Federal ID #: (pU - l wS~ s"
BY:
Printed Name of Organization's Authoreed Representative
(City Attorney ApPrR~/ED
FORM ~ LANGUAGE
~ FOR EXECUTION
i1 ~V:
it torney at
Signature
STATE OF FLORIDA, COUNTY OF MIA DADE
The foregoing instrument was acknowledged before me `
this ~ day of ~~~~~ 2010, by
4-~-a~r~,nc~~ ~ury~:4ar k~c' of
~~Ci- Nom ., snot-for-profit
corporation. He/She is personally known to me or has
produced
as identification.
Signature of Notary Publi
Notary Name:
Notary Public,
My Commissio
Stat 9, 4 N ry Public -State of f~loridrt
;~ r My Comm. Expires Oct 30.2019
.; ~~~~~ Commission # 00 913099
n Ex
Article 11 /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article 1, and the City of Miami .Beach,
a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the'
responsibility of administering_this Grant to the 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 forthe purposes that are.specificallydescribed
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 Exhibit2-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°l0) per category,
andr 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 Cultural 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 demonstratethat the Grant is fulfilling,orhas fulfilled, its purpose,
the ,Grantee. must supply the Cultural Affairs-.Program Manager with a written Final Report documenting.that the.
Grantee has fulfilled alt 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,.2011,. must submit their final reports. no, later than November-15; 2011. New. Grant.
awards will not be released until all Final Reports for previous years' funding are received.
4. Amount. of Grant and Pgyment Schedule: The. total amount of the Grant is. specified- in~ Article. I-2,
{subject to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre.
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 oyerruns.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. Proaram 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 programswith Grantee's personnel. The Grantee agrees to utilize the standardizedAudience Survey .
adopted by the.. Cultural Arts. Council to obtain specfic,feedback from program participants.
8. 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, Accountina and Financial Review: Funded activities must take place within the, City's fiscal year for
which they are approved (October 1-September 3Q).The Grantee shall 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 yearforwhich they are approved and retained in Miami-DadeCounty 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.,
2of9
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 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 attomeys' 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 govemment 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 Gity laws, including but not limited to Miami-Dade County's Conflict oflnterest 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: Defaultl'Termination 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) calendardays 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 following provisions will also ~pIY:
a. For first-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (firsf half) up to the temiination date.
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 grants in future fiscal years_
b. For more than first-time violations - Any compliance infractions beyond first-time violations will be
considered b the Cultural Affairs Program Manager, on a case-bv-case basis. As part of his consideration,
the Cultural Affairs Program Manager shall obtain-the recommendation.of the Guttural Arts Council, but the final
.decision as to whether Grantee m~ be allowed to apply for future - rq ants shall remain within the sole discretion
of the City. I
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 wrtting 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.
3of9
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 certifiedcheck forthe 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. Cap~,ions 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.
18. Contract Reoresents 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 061 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/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 Human Rights Ordinance as
codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability,. marital status, financial 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.
4of9
District Caurt, 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 12EMAINDEFt OF THIS PAGE IS LEFT INTENTIQNALLY BLANK-
5of9
Exhibit 1 /Revised Project Description
Organization: Dance Now! Ensemble
Completely describe Project approved by the Grants Panel and. in a separate narrative detail all revisions to
the Projecf 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:
Program is Sleepless Night, Nov. 6, 2010, Normandy Fountain'
Program II: ".. , This Harsh Spectacle... ", Feb 26/27, 2011, Colony Theatre
Program III; Afternoon at the Bandshell, May 1, 2011, :North Beach Bandshell
Program IV: DNE Decade Two, May 7/8, 2011, Byron-Carlyle Theatre
.
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.
Program L
Due to grant award amount as welt as canceNation by the City of Miami Beach this program has been
cancelled.
Program I1.
This concert at the Colony Theatre will proceed as scheduled and will feature the Miami Beach premiere
of two smaller works by West Coast Choreographer Tandy Beal. The evening will also include the world
premiere and newest collaboration between Directors Salterini and Baumgarten "Six Characters..." an
adaptation of Pirandello's play "Six Characters in Search of an Author".
Program III.
Due to the renovations of the North Beach Bandshell and the success of DNE `s 2010 site specific
. performance at the Bass Museum, DNE returns tothe Bass for "Ekphrasis2:moreArtfromArt"onthe same
date with two performances ,including world premiers by directors Saltenni and Baumgarten drawn from
the three-dimensional textile exhibition of the Fabric Workshop of Philadelphia
Program IV.
.DNE. Decade Two will be presented at the Byron Carlyle May 8 only due to budget restrictions. This
. program will include the Miami Beach premiere of "HORA", a collaboration between Baumgarten and long
time DNE composer Aleksander Djuric. .
6 of 9
Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Dance Now! Ensemble
Date(s) of Project: October 1, 2010. to Ma k30, 2011
Attach a copy of the total Project budget or list cash expenses and cash .revenues
specifically identified with your program, proj ect or events. Round off all numbers to the
nearest dollar.
EXPENSES REVENUES ~.
' CASH IN-KIND CASH IN-KIND
Personnel -artistic 40.500 Admissions 10.000
Personnel -technical 5.500 _ _ Contracted services 12.000
Personnel -administration. 18.000 Tuitions
Outside artistic feeslservices 4.500 _ Corporate support ~ S.000.Chidsey/MDF
Outside other fees/services _ _ Foundation support 20.000
Marketing/Publicity 6.800 5.000 Individual support 14.433.05
Space rental 5.125 10.000 Government grants
Utilities 3.000 Federal
Equipment rental State 3'.000 _
Office supplies 2.000 _ Miami Dade HCJ 20,000
Other Costs: (Itemize below) Other Contributions (Itemize below)
.:Receptions 750 Rental Waiver 10 000 LHCC
Costumes/Sets 4,500 Chore~raphX - 3.000TandyBeaF
Housing/Per Diem 1.500 _ _
Music ~ 2.000
Rights Royalties ~ 3,000 City of Miami Beach Grant Award 12,741.95
' Byron Bonus 2,000.00
Total cash expenses 94.475 Total cash revenues 94.175
Total in-kind expenses 18.000 Total in-kind revenues 18.000
Total project expenses 112.175- Total project revenues 112.175
- CASH 8~ IN-KIND ~ CASH 8 IN-KIND
7of9
Exhibit 2-B: Project Budget! Revised Grant Award Budget
Name of organization: Dance Now! Ensemble
Date(s) of Project:
Grant Award: $12,741.95. + $2,000 Byron Bonus
Directions: Identify,and itemize cash expenses to be paid from Grant award funds. Grant awards may
only be spent within budget categoriesdeclared 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 ~ 12.241.95 Equipment Rental _
(NOT administrative)
Personnel -technical _ Space rental (Performance
Related Only) 2,000
• Outside artistic fees 500
Marketing/Publicity _ Total Other Costs (itemize
Below) _
Printing
Description Amount
Postage
TOTAL (must. equal grant award):
14,741.95
• 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
,. • 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
n _c n
• 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
• Insurance Fees (Cultural Anchors excluded from this restriction}
• 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 CulturalrAffairs Program .Manager
..Required supporting materials for final reporks 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 2010-11
Fiscal Year
• Proof of logo and credit line in project publications and advertisements
Proof of performances}, such as programs, brochures and flyers. .
a.,fo