HomeMy WebLinkAboutDance Now! Ensemble
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Robert archer, City Clerk
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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2006/07 Cultural Affairs Grant Agreement
. . ~I ~ 5-e~/tIl/k.i ., .
This Grant Agreement is entered Into thiS _ ~_ day of la~r_, 2006, between the City of Miami
Beach, Florida (the City), and (Grantee).
Article II Grant Description
1.
Dance Now! Ensemble
Ms. Hannah Baumgarten & Mr. Diego Salterini
PO Box 416525
Miami Beach Fl 33141
305-975-8489, (305) 534-6175, info@dancenowmiami.org
$16,777.7850% paid upon execution of this Agreement. Remaining 50%
paid upon completion of project and submission and approval of Final
2.
Grantee:
Grant Contact:
Address:
City, State. Zip:
Phone, fax, e-mail :
Grant amount:
3.
4.
5.
6.
7.
8.
Reporl.
Project description:
Itemized budget:
Contract deadline:
Exp.enditure deadline:
p ~ect pletion date:
/
i al R ort eadline:
See Exhibit 1, attached hereto
See Exhibits2-A Project Budget and 2-B Grant Budget, attached hereto
October 27. 2006
September 30, 2007_
May 31, 2007
Must be postmarked or delivered no later than 45 days after Project
completion date.
EOF, the parties hereto have executed this Agreement this
STATE 0
'e
The fo;pgoing instrument was acknowledged before me
this day. of ~~ 2006, by
~NJt ~ of
~r L MOw t-Vlu4l...a not-for-profit
..
corporation. He/She is personally known to me or has
produced i
GRANTEE:
Federal 10#: ~ 6 ' 'Oot;q Z; I
~~~'~E
Representative & FOR EXECUTION
Notary Name:
Notary Public, State of Flo
My Commission Expires:
Article III 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's Cultural Affairs Program Manager or his Designee.
2. Proiect 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. 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. Notwithstanding the preceding sentence, amendments to the itemized
Grant Award Budget in Exhibit 2-8 shall not be permitted without the prior written consent of the Cultural Affairs
Program Manager or his Designee. Said requests shall be made in advance, in writing, detailing and justifying
the need for such changes.
3. Reoorts: 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 fulfilllng, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2007, must submit their final reports no later than November 15,
2007.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide
financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole
responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to 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 or his Designee may monitor
and conduct an evaluation of operations and the Project under this Grant, which may include visits by City
representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with the Grantee's personnel.
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 or his Designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accounting and Financial Review: The Grantee must keep aCaJrate 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, such as vouchers, bills, invoices, receipts and canceled checks, shall be 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 Cultural Affairs
Program Manager or his Designee or his Designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee may, at the City's
expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or
not purported to be related to this Grant.
8. PubliciW 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 11-12.
9. liabiliw and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and instrumentalities 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 employees, agents, servants, partners,
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principals or subcontractors. 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 the responsibility to indemnify, keep and save harmless
and defined the City or its officers, employees, agents and instrumentalities 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 calm or judgment by anyone person
which exceeds the sum of $100,000, or any claim orjudgment or portions thereof, which, when totaled with all
other claims or judgments paid by the govemment 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 is not permitted to assign this Grant, and any purported assignment will be
void, and shall be trested 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 tully 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. DefaultlTen:nination Provisions In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his Designee 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.and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement. the following terms will applv:
a. For First-time violations - Grantee shall be required to submit a final report with documentation of
expenditure of all Qrant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
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 future fiscal year's grants programs.
b. For more than First-time violations - Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. AS part of his consideration, the Cultural Affairs Program Manager or his Designee 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 or his Designee 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 Manageror his Designee a certified check for the total amount due,
payable to the City of Miami Beach, Florida.
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These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. IndulQence Will ~ot 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 of the breach of 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, Interim 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 1111 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 services recommended for support.
As such, use of these funds for any program component not meeting this condition will be considered a breach
of the terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined
in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92.2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
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 govemed by, and construed in accordance with, the laws of the State of
Florida, both substantwe and remedial, without regard to principles of conflict of laws. The exclusne venue for
any litigation arising out ofthis Agreement shall be Miami-Oade County, Florida, ifin state court, and the U.S.
District Court, Southem 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.
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Exhibit 11 Revised Project Description
Organization: Dance Nowl Ensemble
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:
For the 2006n Miami Beach Season, ONE will produce three new original choreographic
works of different sizes and scopes conceived and directed by Company Directors
Baumgarten and Salterini, some collaborating with the creative talent of choreographer
Colleen Farnum and Artistic Advisor Michael Uthoff.
Continuing in the company tradition to develop and produce new work in a wide variety
of styles, the 2006-2007 season will include the creation and presentation of one Full-Length
Ballet: "Donne:..." , scheduled to premiere on Miami Beach February 16-25, 2007 at the Byron-
Carlyle Theatre; and two new choreographie works scheduled to premiere during the Miami
Beaeh Dance Festival April 12-27, 2007.
Other collaborating artists include Lighting and set designer Bruce F. Brown, returning
to work with ONE for the sixth project, Romanian Costume Designer Carmen Badan,
collaborating for the second season, and Composer Alex Djurie, long-time friend and Juilliard
colleague, creating work with ONE for the first time.
"Donne...": This ballet will voice the points of view of four choreographers (Salterini,
Baumgarten, Uthoff and Farnum) on the subject of women. This choreographic formula has
provided successful artistic investigation and critical acclaim in current and past seasons ("Ie
Stagioni", "Suite 305" and the newest "AMERICA/America") and earns ONE its unique niche
in the artistic community of South Florida as a truly collaborative artistic diverse organization.
Continued on attached page 6a and 6b
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.
Due to funding awarded, changes to programming are as follows:
1. the company will not create Esercizio Coreografico #2 scheduled to open the
activities of the Miami Beach Dance Festival in April 2007
2. in order to maximize the reach of the company, Dance Now! Will perform "Donne:..."
one weekend at the Byron Carlyle Theatre instead of the two proposed (changing
from February 16- 25 to February 16-18) and will add a performance at the Colony
Theatre on May 31 at, 2007.
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Page 6a: project description
The purpose of the project is to continue in the company's commitment to produce
choreographic work distinguished for its innovative approach. Uthoff's ballet background,
Farnum's yoga and "release technique" training, Baumgarten rigorous modern background
and Salterini Modern Jazz experience are the key element in the creation of unique art,
approachable yet challenging, varied in subject matter and style yet cohesive, created under
the common vision and direction of Salterini and Baumgarten.
"Donne. .." will be ereated in cohesive but independent units enhancing its marketable
value as individual pieces when presented in smaller venues or repertory performances, while
maintaining an overall completeness when performed in its entirety.
The work is scheduled to premiere on Miami Beach and run February 16/17 and 24/25,
2007 at the Byron-Carlyle Theatre. Tickets will cost $5 (through CultureShockMiami and
Educational Outreach programs) to $20 with 300 seats available per performance. The
company has a traditional 75% house capacity as far as ticket sales.
"Esercizio Coreografico #2": ONE's directors Salterini and Baumgarten will create a
site-specific work to open the activities of the 2007 Miami Beach Dance Festival. On the shores
in front of the Deauville Resort on Miami Beach, prior to the opening night reeeption, the
Ensemble will develop an original choreographic work, based on the immediate interaction
with the participating audiences. Using the simple gestures of unaware individuals as points
of departure, the dancers will develop the work using predetermined choreographic patterns
and structures. This choreographic work, although highly rehearsed, due to its spontaneous
nature, guarantees freshness and originality. Audiences are immediately engaged when they
realize that they have been observed and that their natural habits are transformed in a dance.
"No stories to 1811": Baumgarten and Salterini will ereate a new choreographic work for
the Ensemble. "No stories to tell" t is an abstract work created by the direct>rs in collaboration
with emerging composer Julliard graduate Alex Djuric. No stories to tell will purposely explore
the abstract form of dance. The choreography will be created in silence first and the musical
score will be written inspired by the dance. Alex Djuric is a naturalized Serbian Immigrant, a
resident of Florida and a String Teacher at Coral Gables Elementary.
"No stories to tell" will premiere at the Byron Carlyle Theatre during the ONE
performance at the Miami Beach Dance Festival in April 2007 reaching and estimated
audience of about 600 individuals.
ONE's new works, in their entirety or in excerpt form, will also be presented on Miami
Beach at the Art Deco Festival January 13 and 14, 2007, reaching an anticipated audience of
about 300 and in Coral Gables at the Actor's Playhouse in May 2007 with a capacity of 600
seat.
The creation process: From September 2006 to May 2007, the choreographers and the
dancers have a 35 week period for the creation and rehearsal of the work. Company classes
and rehearsals are held on Miami Beach at Nautilus Middle School and Crunch Gym as well
as 6th street Dance Studio in little Havana and Dillard High School in Ft. lauderdale. These
activities are open to the public and contribute to creating a vibrant arts community in the
neighborhoods where they occur. In a community with limited public professional classes,
resident and visiting dancers and dance students show great enthusiasm for the class
offerings at affordable prices ($0 to $10 per class).
Page 6b: project description
These eompany classes as well as the educational outreach program provide Salterini
and Baumgarten with the opportunity to scout new talent to apprentice with the company
allowing them to hone their skills in a professional environment. Apprentices, after one year,
often join the company as full members, or decide to further their dance education at
prestigious institutions such as the New World School ot the Arts, SUNY Purchase, and the
AILEYlFordham program, frequently on scholarships. Other apprentices are now working
professionally as dancers, teachers and choreographers nationally and internationally.
Collaborating artists will be involved in the project from its inception, assuring that their
vision becomes part of the final product, not simply superimposed upon the dances.
Targ,t Audience: ONE targets traditional arts audiences but in addition tries to attract
younger and non-traditional audiences through the use of contemporary musie and themes.
ONE has succeeded in doing so largely by its active engagement in many educational
activities throughout the community and by an ongoing researched marketing campaign.
Education and Touring: All of the new repertory will be offered as part otONE's annual
educational outreach October 2006-May 2007, reaching approximately 1,500 students in Dade
and Broward Counties. Scheduled participating schools and community centers are Nautilus
Middle, 21st Street Rec. Center, Coral Reef Senior High, Dilard High, and Parkway Middle. This
program is sponsored by Arts councils of Miami-Dade County and the State of Florida, with
funding pending from BankAtlantic, Funding Arts Network, MAP, and other Foundations.
DNE is listed as one of only three dance companies on the Florida State Touring Roster and
is also listed on the Southern Arts Federation Roster prOViding regional touring opportunities.
Exhibit 2.A: Project Budget I Revised Total Project Budget
Name of organization: Dance Nowl Ensemble
Date(s) of Projed:
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your program, projed or events. Round off all numbers to the
nearest dollar.
EXPENSES
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Choreography
Art Dir~ion
reception
Ad sales
Costumes
CASH IN-KIND
23.000
~-
MW .MOO
15.500 2...QQQ
12.000 W
Z..2Q2 2...QQQ
amL_
~
1J2QQ. -
~
(Itemize below)
1...8.QQ 2...QQQ
2...QQQ 2.JmQ
- .2...QQQ
~
Total cash expenses
Total in-kind expenses
Total project expenses
CASH & IN-KIND
~
76.800
19.000
95.780
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
local (DAN)
CASH IN-KlND
IJmQ
MQ2
MQQ
.8...Q.Q.O
iJl.QQ .1..5QO
MQQ
14.000
Other Contributions
Ad sales
Rehearsal Space
Administration
Art Direction
Reception
Choreo/Outside artsistc
City of Miami Beach Grant Award
Total cash revenues
Total in-kind revenues
Total project revenues
CASH & IN-KIND
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(Itemize below)
U.Q.Q ~
2,000
8JlQ.Q
2.JlQ.Q
2...Q.QO
U2Q
16,777.78
76.777.78
19,000
95.780
Exhibit 2-8: Project Budget I Revised Grant Award Budget
Name of organization: Dance Nowl Ensemble
Date(s) of Project:
Grant Award: $16,777.78
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may
only be spent within budget categories declared below. Une 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
MQQ
Equipment Rental
Space rental (Performance .1..Q.QQ
Related Only)
Insurance (Performance
Related Only)
Total Other Costs (itemize
Below)
Personnel- technical
Outside artistic fees
4.777.78
MarketinglPublicity
Printing
MQQ
Postage
In County Travel
Description
Choreogr~phy
Amount
1,000
TOTAL (must equal grant award):
16.777.78
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. n
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
· Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
· 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 outside the local Miami Dade County area
· SociallFundraising 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 conbibutions
· Events not open to the public; unless the event serves to specifically benefit City of Miani Beach
government
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)
· 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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