Dance Now! Miami $16,228.10 9013— 2 83&5
MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2013/14 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 30th day of September, 2013, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I/Grant Description
1. Grantee: Dance Now! Miami
Grant Contact: Diego Salterini
Address: P.O. Box 416525
City, State,Zip: Miami Beach, FL 33141
Phone, fax, e-mail : 305-975-8489305.200.5663, info @_dancenowmiami.org
2. Grant amount: $16,228.10 50%paid upon execution of this Agreement. Remaining 50%
+$2,000 Fresh Air Fund paid upon completion of Project and submission
and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-13 Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2013
6. Expenditure deadline: September 30, 2014
7. Project completion date: J4aQ .b1 10 I L
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of V CL o B t^ ,2013.
Jlw2v=2 - A *
Matti Herr a Bower, Ma or Signature
Attest: �•. • STATE OF FLORID , COUNTY OF MIAMI-DADE
Rafael Granado, City Clerk - '•.: The foregoing instrument was acknowledged before me
Grantee's Corporate Seal Here ',.'`� this$day of �C,�oh�y' 2013,by
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rnCP. 1JoLi% C ry ' a not-for-profit
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corporation. He/She is personally known to me or has
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`-- �'' i tification.
GRANTEE:
Federal ID#:65-1005951 Signature of Notary Publi
BY:
Printed Name of Organization's Authorized Representative Notary Name:
(City Attorney Approval Here) Notary Public, State of Florida
APPROVED AS TO CAROL DIAZ-ZUBIETA
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FORM & LANGUAGE My Commis
&FOR ECUTION My Comm.Expires Oct 30,2013
'' �Fed;;°••' Commission+y DD 913033
A torne }C\�h- Date
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. Report :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 30,2014,must submit their final reports no later than November 15,2014. 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). 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 Monitorinq 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 1-5.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 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 attomeys'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
VI I 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 halo 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.
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
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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.
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.
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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 Novo! Miami
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:
PROSCENIUM PERFORMANCES
"II Mare"/Feb 21/22/23, 2014/Colony Theatre/8:00& 3:00 PM
"II Mare" is the culmination of an 18-month project that will include three Miami Beach Premieres: Diego Salterini's
"OCEANICA", Hannah Baumgarten's°Water's Edge"and"Sea Shadow"the work of master choreographer Gerald
Arpino of the Joffrey Ballet.Arpino's 1962 staple work was slated to be performed on 2013 but was postponed in
order to create a full evening event of water-themed ballets. Dance NOW! Miami is honored to have been approved
by the Arpino Foundation to present this seminal work, reinforcing Dance NOW!'s caliber in the international dance
community.
Producing at the Colony Theatre, because of its location, ambiance and technical capabilities, attracts traditional
theatre-goers and tourists as well as younger audiences who are drawn to the South Beach district, giving Dance
NOW! the opportunity to reach beyond its loyal audience base. DNM continues to create programs which look
forward through new creations and collaborations and honor the rich history of the art form through the presentation
of historically important works. This not only allows the company to reach a broader audience base at home but
makes it more appealing to presenters, continuing to grow Dance NOW! as an international touring company.
FREE COMMUNITY PERFORMANCES
"Fall in Love Under the Stars: an Evening at the Bandshell"/November 16, 2013/North Beach BandshelIR:00 PM
Heralding the Holiday Season, DNM presents the Miami Beach premiere of Diego Salterini's"Pensieri D'Amore" a
series of intimate love duets inspired by the love sonnets of Dante Alighieri. DNM continues its many years of
commitment to North Beach by presenting high quality free performances readily accessible to both tourists and
residents since"Second Thursdays" in 2002. The company's history in the area which also includes performances at
the Byron Carlyle Theatre and Sleepless Nights, has made Dance NOW!a"darling"of the community attracting the
local residents(made up of mostly Hispanic families with children and young professionals)to these events. Dance
NOW! loyal audiences from Miami-Dade and Broward Counties will be drawn through the company's marketing to
enjoy this beautifully renovated historical venue. The free performances combined with the location of the theatre in
the heart of the North Beach tourist district, will provide an additional welcomed cultural activity for vacationers on the
road between the beach, the hotels and local businesses.
"Deco Dances at the Art Deco Festival". January 19, 2014/MDPL Visitor's Welcome Center"74PM.
Dance NOW! returns to the Art Deco Festival with an afternoon of contemporary dance in the newly renovated
Welcome Center. This free performance will be a cultural highlight in this family oriented street fair and will feature
"GONE"the Miami Beach premiere of Baumgarten's solo to the 1935 Gershwin composition"My Man's Gone Now!"
As a small scale arts organization, major marketing campaigns are too expensive:the best way to market dance is
through the experience itself. This free performance within the cool confines of the visitor's center capitalizes on the
high foot traffic generated by the event itself guaranteeing visibility for the company and all of its programing on and
off the Beach.
SITE SPECIFIC PERFORMANCES
"The EKPHRASIS Project"
May 3, 2014/Art Center/South Florida 9PM
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May 18, 2014/The Bass Museum of Art/12:30&2:30 PM
Celebrating Miami Museum Month, Dance NOW!will present this critically acclaimed performance event at these two
Miami Beach Visual Arts anchors. This unique performance includes world premiere works directly inspired by the
current exhibitions. An intellectually stimulating and cross-pollinating event, both Art Center/South Florida and the
Bass Museum of Art have found this recurring event highly successful to reach new audience members and expand
their artistic experiences. Both organizations serve as a marketing partners for these events, specifically targeting
their memberships, broadening DNM's reach and audience base. The EKPHRASIS Project is currently under review
for an NEA Art Works grant.
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.
Due to funding reductions, Dance NOW!will remove the following event from the calendar of activities:
"Deco Dances at the Art Deco Festival". January 19, 2014/MDPL Visitor's Welcome Center"/4PM
In addition, thematic and artistic changes will occur in the following events:
"Fall in Love Under the Stars: an Evening at the Bandshell"/November 16, 2013/North Beach Bandshell/7:00 PM
will change to:
"Dance Under the Stars": DNM presents a sneak peek of Hannah Baumgarten's"Water's Edge: the Long Walk", and
works from the Dance NOW!critically acclaimed repertory plus a special performance from the Students of the Academy
of Arts and Minds Dance Department.
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name of organization: Dance Now! Miami
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 38,500 Admissions 9,000
Personnel -technical 3,000 Contracted services 8,100
Personnel-administration 20,000 Tuitions 2,500
Outside artistic fees/services 4,000 Corporate support 500 6,500
Outside other fees/services 5,000 Foundation support 8,250
Marketing/Publicity 4,000 6,500 Individual support 17,922
Space rental 5,000 10,000 Government grants
Utilities/Insurnace 6,000 Federal
Equipment rental 1,500 State 2,500
Office supplies 2,000 Local 35,000
Other Costs: (Itemize below) Other Contributions (Itemize below)
Out of County Travel 1,500 LHCC rental Waiver _ 10,000
Choreoqraphy/Repetiteur 4,500
Housing/PerDiem 1,500
Costumes/Sets 5,000
Equipment purchase 500
City of Miami Beach Grant Award 18228.10
Total cash expenses 102,000 Total cash revenues 102,000
Total in-kind expenses 16,500 Total in-kind revenues 16,500
Total project expenses 118,500 Total project revenues 118,500
CASH & IN-KIND CASH & IN-KIND
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