Ground Up and Rising MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
..Fiscal Year 2011/12 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the' City of Miami Beach,
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Florida (the City), and (Grantee).
Article I / Grant Description
1. Grantee: Ground Up and Rising
r Grant Contact: Arturo Fernandez
j 'Address: 2000 Ponce de Leon Blvd. Suite 600
City, State, Zip: Coral Gables, FL 33134
Phone, fax, e- mail: 305.529.6233, arturo @groundupandrising.org
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2. Grant. amount: $13,813.28 50% of base award paid upon execution of this Agreement:
Remaining 50% + $2,000 Fresh Air Fund paid upon completion of Project
and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
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{ 4. Itemized budget; See Exhibits 2 -A Project Budget and 2 -B Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2011
6. Expenditure deadline: September 30, 2012
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7. Project completion date: _September 30 2012
8. Final Report deadline: Must be postmarked or delivered .no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, he parties hereto have executed this Agreement this 31 day of October , 2011.
Matt' errera ow ayor
I � Signature '
; Attest:
STATE OF FLORIDA, COUNTY O MIAMI- DADE
Robert Parcher, City Clerk
(Grantee's Corporate seal Here) - ..The foregoing instrument was acknowledged before me
this day of 2011, by
Ay •Ait'D 1&- tra ins c of.
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anot- for: profit
I t corporation. He /She is persona y known to me or has
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identification.
GRANTEE: s .�
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Federal ID #:
Signature of Notary Public
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Printed Na a of Organization's Authorized Representative AURA TAMTT`... .
F (City Attorney Approval Here) Notary Name: NOMY PWft - Swe id ftorida
of Cam. too" on 4.2012
1 Notary Public, Sta �?
! APPROVED AS TO
j FORM & LANGUAGE
& FOR EXECUTION
My Commission Expires:
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Article II / General Conditions
1. Parties The parties to this Agreement are 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 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 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, 2012, must submit their final reports no later
than November 15, 2012: 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 1 -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 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.
c t' I Review: Funded activities must take place within the City's fiscal year
im1 are a (October 1 - September 30).The Grantee shall keep accurate and
Lve no-W e rap t l f all receipts and expenditures of Grant funds, in conformance with
ds. These books and records, as well as all documents pertaining to
e` a e conjunction with this Grant, including, limitation,.vouchers, bills,
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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 1 -5. These books, records, and
documents maybe 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 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
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..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
fi 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 11 -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 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.
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In the event that this Grant is terminated, the following provisions will also apply:
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a. For first -time violations — Grantee shall be required to submit a final report with
documentation 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. However, Grantee will be allowed to apply for grants in future fiscal years. t
b. For more than first -time violations - Any compliance infractions beyond first -time violations will
be considered by the Cultural Affairs Program Manager, on a case -by -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 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 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 1 -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.
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Article - lil /Miscellaneous Provisions
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17. The Grant awarded herein is the result of an extensive public review process, which found that
i 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
1 remedies including, but not limited to, those outlined in'this Grant Agreement.
1 -8. 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
j as codified in Sections 62 -31, through 62 -66 of the City Code, and as amended from time to time,
j 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,
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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.
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r 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
i� 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 ATRIAL 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: Ground Up and Rising
Completely describe Project 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.
Proiect description as approved by Grants Panel
Ground Up and Rising (GUAR) plans on presenting Miami Beach's only theatrical season of
outside public programming FREE to the residents of Miami Beach. GUAR will bring its:pristine
critical reputation and high quality programming to the Miami Beach Botanical Gardens where
audiences can enjoy our powerful art in the bliss of a gorgeous garden atmosphere. Our season
will feature some of the region's finest talent while offering Beach residents a splendid spectrum
of theatre including both our Shakespeare and Contemporary offerings.
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.
Our line up of our program has been changed. The new line -up with new dates are as follows:
Show: Shakespeare's Julius Caesar (Adaptation)
Dates: August 18, 19, 25 & 26 (Saturday & Sunday), 2012
Show: Danny at the Deep Blue Sea by John Patrick Shanley
Dates: September 7, 8, 14 & 15 (Friday & Saturday), 2012
Show: Shakespeare's Macbeth (Adaptation)
Dates: September 22, 23; 29 & 30 (Saturday & Sunday), 2012
Our programming will still be performing at the Miami Beach Botanical Gardens and are free to
the public. The presentation of our shows is formatted into our Zero Point Project.
Ground Up & Rising's "Zero Point ", a program that allows patrons to experience a minimalistic,
engaging, and intimate glimpse into our critically acclaimed work. A zero point - by definition - is
the center point of a powerful burst at the instant of detonation. Ground Up & Rising's explosive
"Zero Point" Project will aim to deliver the "burst" and center of all great theatre- the
performance- to new audiences in a creative, boundary- breaking fashion; encapsulated in a
bare bones presentation that offers the most affordable professional theatre ticket in town.
Ground Up's "Zero Point" is powerful Art in its purest, rawest form... often presented with no
lights, no set, non traditional venue. Only a compelling, riveting performance and the audience
that experiences it. It is engaging, thought - provoking theatre that aims to attract a broader
audience base beyond the traditional theatre patron. A zero point performance can happen
anywhere. These high- quality, intense artistic explosions can occur at anytime and anyplace, but
will always be enthralling, and unexpected.. This. audience /brand- building initiative will be
presented in two capacities:
1) Publicized, FREE performances at non - traditional venues.
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2 Unannounced FREE and impromptu erformances in public laces throughout
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Miami -Dade County.
It can be assumed that theatre cannot be found in a financial district commercial building,. a
Metrorail platform, a busy intersection, or in an industrial warehouse. It surely cannot be seen in
a church, a botanical garden, a city bus, or at a historic landmark. Or can it? Ground Up &
Rising's "Zero Point" Project strenuously disagrees with the perceptions of what can and cannot
be done. "Zero Point aims to entertain, and inspire its audiences to push their imaginations
through the barriers of perception; to believe that anything is achievable, and that the constraints
of self- imposed limitations are needless obstacles in the way of bringing the magic of dreams to
fruition.
Ground Up seeks to expand its audience base, community impact, and reach by:
A) Bringing powerful theatre to audiences who are not traditional theatre patrons. Providing
the non - theatre goer - especially the youth- a refreshing introduction to the.Art form in a
manner that will surprise, enlighten, and challenge their perceptions about what theatre
Js, and what it can be.
B) Exposing audiences to compelling, thought - provoking Art that is either free(for
performances in public places), or the most affordable paid ticket in town(FREE for
publicized performances).. These performances are meant to make high - quality,
entertaining, and intelligent theatre available to all people, no matter their economic
means. The program also intends to dispel the misnomer that theatre is elitist, or that it
caters to a small population segment, or social class.
C) Building brand recognition by raising awareness about Ground Up & Rising's endeavors
while creating a resonating social cachet around the company's programming. This
audience /brand- building initiative will also result in expanding the reach of theatre as an
Art form.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: Ground Up and Rising
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 $20,000 Admissions
Personnel - technical $8,000 Contracted services $27.,000
Personnel - administration $28,000
Outside artistic fees /services Corporate support
Outside other fees /services Foundation support $12,080.72
Marketing /Publicity $10,000 $7,000 Individual support $4,500
Space rental $6,000 Government grants
Utilities Federal
Equipment rental State
Office supplies Local (HCJ) $17,906
(TDC) $3,200
Other Costs: (Itemize below) Other Contributions (Itemize below)
Insurance 500 Marketing $7,000
Supplies / Material $5,000 Allison Hoagland (legal) $1,000
Printing $3,000 $1,000 Office Space (Administrative) $1,125
GableStage _ $10,000 Printing $1,000
Allison Hoagland - Legal $1,000 Rehearal Venue $10,000
Office Space (Administrative Use) $1,125 City of Miami Beach Grant Award 13,813.28
Fresh Air Fund $2,000.00
Total cash expenses $80,500 Total cash revenues $80,500
Total in -kind expenses $20,125 Total in -kind revenues $20,125
Total project expenses $100,625 Total project revenues $100,625
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget.
Name of organization: Ground Up and Rising
Date(s) of Project:
Grant Award: $13,813.28 +$2,000.00 Fresh Air Fund
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 $11,813.28 Equipment Rental
(NOT administrative)
Personnel — technical $2,000 Space rental (Performance
Related Only).
Outside artistic fees
Marketing /Publicity $2,000 Total Other Costs (itemize
Below)
Printing
Description Amount.
Postage
TOTAL (must equal grant award): $15,813.28
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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, CulturalArts 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
• 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 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 2011 -12 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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