Ground Up and Rising $13,104.97 X012- 2�vZs
m
/\AIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2012/13 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I / Grant Description
1. Grantee: Ground Up and Rising
Grant Contact: Arturo Fernandez
Address: P.O. Box 56-2676
City, State, Zip: Miami, FL 33256-2676
Phone, fax,,e-mail: (954)756-4672, guexec(cDgmail.com
2. Grant amount: $13,104.97 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
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant-Budget, attached hereto
5. Contract execution deadline: November 15, 2012
6. Expenditure deadline: September. 30, 2013
7. Project completion date: Sept 30, 2013.
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, th parties hereto have executed this Agreement this 4;%dd
h+day of 91tMen,be 2012.
Matt rrera Bower, Mayor Signature
Attest: STATE OF FLORIDA, COUNTY OF MI- DADE
Rafael Granado, City Clerk The foregoing instrument was acknowledged before me
Grantee's Corporate Seal Here this day of #0WOMI-0- 2012, by
Ar vro ra-wl fr rF�r n[, 'e 7- of
p
of-'r] a not-for-profit
corporation. He/S/he is pe sonnally/known to me or has
produced r�rUl� !/. ` as
GRANTEE: identification.
Federal ID#:_20-
3536154 S ature of No - ublic
BY: EAV(o re(n 4 0 2
Printed Name of Organizations Authorized Representative
(City Attorney Approval Here) Notary Name: PC,., -ell e IoC7U
Of
Notary Public, State of Florida
APPROVED-AS TO
FORM &_LANGUAGE
FORE CUTION My Commission Expires: G O 2ml,�
X49' Notary Public State of Florida
Rafael Dello Strologo
-9 My commission EE 175581
tt ney Nk Date OF Expires 03104/2016
I
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 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, 2013, must submit their final reports no later
than November 15, 2013. 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.
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 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 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
2of10
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.
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 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. 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.
In the event that this Grant is terminated, the following provisions will also apply:
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.
3 of 10
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.
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/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.
4of10
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. 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-
5 of 10
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.
Project 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
Garden 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 our Shakespeare offerings: Halmet and
King Lear. 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 alms 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 three capacities:
1) Publicized, FREE performances at non-traditional venues. In this case, at the Miami
Beach Botanical Garden. Both productions will be running for two weekends each on
Saturdays & Sundays.Shakespeare's Hamlet (Adaptation) - August 17, 18, 24 & 25
(Saturday & Sunday), 2013.Shakespeare's King Lear (Adaptation) - September 21 , 22, 28 &
29 (Saturday & Sunday), 2013.
2) In addition to these productions of the Bard's greatest works at the historic Miami Beach
Botanical Garden, we will also employ a buzz-inciting marketing campaign that features
street theatre-style vignette performances of our shows will not only enlighten Miami Beach
residents through live performances, they will also reach thousands more through our
social media platform as we will film and market these exciting performances in unexpected
environments. We will be able to accomplish this viral component by filming our campaign
of vignette performances and disseminating the videos through a vast spectrum of the
aforementioned social media channels. This will allow us to reach the generation X, Y, and
Z audiences who get the bulk of their information through digital media while we fulfill our
commitment to the future generations of Art patrons. This innovative initiative will surely
galvanize an overwhelmingly positive response and publicity from professional theatre
critics, media, and Miami Beach constituents that will surely advance the pristine brands
that are The City of Miami Beach and the growing Ground Up & Rising.
6of10
Synopsis of Each Production:
Hamlet is a tragedy by William Shakespeare. Set in the Kingdom of Denmark, the play
dramatizes the revenge Prince Hamlet exacts on his uncle Claudius for murdering King
Hamlet, Claudius's brother and Prince Hamlet's father, and then succeeding to the throne
and taking as his wife Gertrude, the old king's widow and Prince Hamlet's mother. The play
vividly portrays both true and feigned madness — from overwhelming grief to seething rage —
and explores themes of treachery, revenge, incest, and moral corruption and family.
King Lear is a tragedy by William Shakespeare. The title character descends into madness
after foolishly disposing of his estate between two of his three daughters based on their
flattery, bringing tragic consequences for all. The play is based on the legend of Leir of
Britain, a mythological pre-Roman Celtic king. It has been widely adapted for the stage and
motion pictures, and the role of Lear has been coveted and played by many of the world's
most accomplished actors.
Recap:
Show: Shakespeare Production - "Hamlet" (Adaption)
Dates: August 17, 18, 24 & 25 (Saturday & Sunday), 2013
Show: Shakespeare Production - "King Lear" (Adaption)
September 21 , 22, 28 & 29(Saturday & Sunday), 2013
Venue: Miami Beach Botanical Garden,
2000 Convention Center Drive, Miami Beach, 33139
Constituencies addressed: Miami Beach residents, and members of the community and
region that enjoy powerful quality theatre. Demographic profiles: Our programming targets
an 18-35 demographic that we strive to develop, as they are the future of both the world and
the American theatre. Although we target the18-35 consumer audience, our programming is
universal in its appeal and is thoroughly enjoyed by all adult patrons.
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.
N/A
7of10
Exhibit 2-A: Project Budget / Revised Total Project Budget
Name of organization: Ground Up and Rising
Date(s) of Project: _Show: Shakespeare Production - "Hamlet" (Adaption)
Dates: August 17, 18, 24 & 25 (Saturday & Sunday), 2013
Show: Shakespeare Production - "King Lear" (Adaption)
Dates: September 21 , 22, 28 & 29(Saturday & Sunday), 2013
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 $26,000 N/A Admissions N/A N/A
Personnel - technical $4,000 N/A Contracted services $17,204 $23,000
Personnel - administration $23,000 N/A Tuitions N/A N/A
Outside artistic fees/services N/A N/A Corporate support N/A N/A
Outside other fees/services $15,000 N/A Foundation support N/A N/A
Marketing/Publicity $10,000 $8,000 Individual support $31,000 N/A
Space rental N/A $15,000 Government grants $28,000 N/A
Utilities N/A N/A Federal $5,000 N/A
Equipment rental $3,204 N/A State $3,000 N/A
Office supplies $3,000 N/A
Other Costs: (Itemize below) Other Contributions (Itemize below)
N/A N/A
City of Miami Beach Grant Award 15104.97
Fresh Air Fund $2,000.00
Total cash expenses $84,204 Total cash revenues $84,204
Total in-kind expenses $23,000 Total in-kind revenues $23,000
Total project expenses $105,204 Total project revenues $105,204
CASH & IN-KIND CASH & IN-KIND
8 of 10
Exhibit 2-B: Project Budget / Revised Grant Award Budget
Name of organization: Ground Up and Rising
Date(s) of Project:
Grant Award: $13,104.97 + $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 $13,104.97 Equipment Rental
(NOT administrative)
Personnel — technical $2,000 Space rental (Performance
Related Only)
Outside artistic fees N/A
Marketing/Publicity N/A Total Other Costs (itemize
Below)
Printing N/A
Description Amount
Postage N/A
TOTAL (must equal grant award): $15,104.97
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
9of10
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 2012-13 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
10 of 10