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The Dance Now Ensemble .. i-- City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this Nov. day of 17th Florida, on behalf of the City of Miami Beach Cultural The Dance Now! Ensemble , 2000 between the City of Miami Beach, Arts Council (collectively the City), and (Grantee), Article I / Grant description Address City, state, zip Miami Beach, Fl. Phone, fax,email 305-695-9588 The Dance Now! Ensemble 7000 Bonita Dr.' suite 508 L Grantee: 33141 2, Grant amount: 3000 ~\ (':)00 50"/6 paid upon executjon of this Agreement. Remaining 50% paid upon completion of Project, submission and approval offinal report. Project description: See Exhibit I, attached hereto Itemized budget: See Exhibit II, A and B attached hereto Expenditure deadline: Seotember 30. 2001 Report deadline: No later than 99 days after Project completion. 3. 4. 5. 6. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this \I'\"tr\ day of ~ 2000. CITY OF MIAMI BEACH 1!!1_,~ GRANTEEf];c. DmJ C{;. ilw! t;t{kM ,:kE Print Name 0 Organization FederalID# ~5'I.oo~~ AITEST: ~r~ Robert Parcher, City Clerk BY:~ f..I ,,JALu Print Name of Chairman or President ~,VJ~ Signature APPROVED /IS TO FORM & LANGUAGE & FOR EXECUTION (Grantee's Corporate seal) ~ /DJ.4 .w, Article II I General conditions 1, Parties: The parties to this Agreement are the Grantee listed in Article 1, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has deleg/lted the responsibility of administering this Grant to the Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2, Proiect Descriution: 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 Line Item Budget, or with changes not to exceed ten percent (10%) per category, so long as expenditures do not exceed the total amount of Grant funds, If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnaJly request authorization via a letter to the Director of the Council detailing and justifYing the changes, All Grant recipients must participate in Miami Beach Second Thursdays (see Article ill-I9). The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, worldng on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s). Miami Beach "Anchors" for 200012001 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FlU Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualifY it from future consideration from the City's Cultural Arts Grant Program, 3, Reuorts: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community, To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements, This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001. 4, Amount of Grant and Pavrnent Schedule: The total amount of the Grant is specified in Article 1-2, By making this Grant, the City assumes no obligation to provide fmancial 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 ofthe award, 5. Proe.ram Monitoring and Evaluation: The Director of the Council 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 Director of the Council 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 accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance 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) Ye<lI'S after the Expenditure Deadline specified in Article 1-5, These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial 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 CuI1u1YJlAI1$ CoUlfCi/ logo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH, Failure to do so may preclude future grant funding from the City in the ~e manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below, 9, Liabilitv and Indemnification: The Grantee shall indemnitY and hold hannless 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, 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 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 the responsibility to indemnitY, keep and save hannIess and defmed 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 ofthat Statute whereby the Grantee entity shall not be held liable to pay a personal injwy or property damage claim or judgment by anyone 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 is not pennitted to assign this Grant, and any purported assignment will he void, and shall be treated as an event of default pursuant to Article II-I 2, below. II. ComDliance 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 Ordinance No. 72-82 (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. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council may 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 a breach of any tenn or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received, In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement, ~ ..'~.' The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period, The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. 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 Director of the Council an extension of the Expenditure Deadline for a period not to exceed one (I) year, Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude, the City from pursuing any other remedies that may be available to it under the law, 13, Indull!ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 I-I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819, 15. Captions Used in this Al!reement: 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 Reoresents Total AllreeJ11ent: 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 tenos, 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 HI I Miscellaneous provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is perfonning 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 ofMiaml 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 harriers which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities, .'-- The City also endOOles 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, All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural open house on the second Thursday of every month. Free arts events will be held at muhiple locations throughout the City, Upon acceptance of the Grant and execution of tbe Agreement, Grantee shall include the exact manner of participation in "Second Thursdays," Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article II - 12 herein, . ... J!oXIIIDn . I AeVl5CU C rUJcc' ulC,,,;np'.vu Organization:The Dance Now! Ensemble Projecttitle:Y""r Rnllnn Pprfnrm"n,",p . Completely describe Project approved by the Grants Panel anci in a separate narrative ~I the revisions to ,the " Project based upon the award. Please be as specific as possible; name of event, venue, tuneS, etc,. Also, ~I the organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their ment'iIie tJaDc'eNow! Ensembles proposed project Beyond the prosceniumlInside Out, will be the only project dropped from our year round schedule for the 2000,2001 season. However, Dance Now! will collaborate with FlU Wolfsonian on February 8,2001, Dance Now! will present a site-specific piece using the historical fountain located in the lobby of the Wolfsonian. This collaboration will be a part of2"'1nursdays. Included in Dance Now! Ensemble participation of2od Thursdays will be a monthly Yoga class taught on the beach at the National hotel starting on November 6 2000 and on going for 8 months, 6pm to 7pm every 2nd Thursday, The Dance Now! Ensemble will perform ''North, South and East", a Tri-fold collaboration with the directors of Dance Now! and the sculpture Federico Uribe at the Colony Theatre on July 12th, 2001 also as part of the IC 2nd Thursdavs.PAN' Tl" ld ..., tho P""" d , ontInue reslOellcv at : liS mc u es partIcIpating m' elr ellormance an LecturelDemonstration Series, holding open rehearsals, and offering daily community and professional classes. 2. Proscenium Theatre Concert Season: The Dance Now! Ensemble is planning its second arumal season at the Colony Theatre scheduled for March 2000, DNE will perform new and repertory pieces choreographed colIaboratively by Hannah Baumgarten and Diego Salterini, co-artistic directors, with additional new work by (or in collaboration with) company members. As we have done in the past, the new work will evolve through a series of preview workshop performances, followed by intensive discussion and critique, and then go on to intimate sneak previews, before being produced in the theatre. 3. Bevond the Proscenium: Dance.Now! Inside/Out:"B)' enshrining art within the temples of"dtllre --the . museum, the concert hall, the proscenium stage, we nUl)' have lost touch with the spirit of art: it's direct relevance to our lives, " Study says elitist attitude reduces support for arts, Judith Miller, TIle New York Times, 1011~/97 Dance Now! plans a series of public space performances, beginning this season, and spanning III months. This is not simply "Dancing in the Streets"; ratller, Dance Now! will create perform,ances for particular locations, configured as o~door stages throughout Miami Beach and South ' Florida. We will design the works with concept and execution shaped by the specific location. We are choosing the sites in part for tlleir inherent and innate artistic potential but are also considering the logistics for each location to house and display dance-art in a performance setting. We are exploring four sites: the architecturally exciting new PUBLlX supermarket on Bay Rd; the giant Red Sculpture outside City Hall; the Holocaust Memorial; and the Sand Bar between the MacA.thur Causeway and the Julia Tuttle at low tide. As opposed to simply presenting dance outdoors, our dances will articulate the meanings and experiences oftl.ese settings, The unusual locations will be the first indicatorto our audiences of the originality of the work. Dance Now! plans to present one performance at each location; each will be documented in still photography and video. 4. Beach Schools Dance!: This outreach educational program is aimed at the six Beach Area schools. A two-fold project, DNE will offer in-school peItbnnances from the repertory in conjunction with a lecture- demonstration, and during the performance season, a special in-theatre weekday matinee designed for scllOol groups and other community groups with special needs. 111e lecture-demonstration includes a unique presentation about the history and development of west em dance styles, a participatory section on the choreographic process, and a performance segment exemplary of the concepts discussed, followed by a question-answer forum. All students, will receive glossaries of dance terminology, fill out questionnaires, and will be invited to the PAN open rehearsals and pertbrmances. The matinee will allow a culmination of the outreach process, giving the studeuts a clear understanding of the artistic process, from conception to creation, rehearsal, and finally, production. 5. Dance Now! In-Studio Performance Series: TIle Dance Now! Ensemble proposes a series of performances to be presented on three Saturday evenings at PAN dnring the 20001200 I season. These informal performances provide the opportunity to workshop DN E' s new work as well as an oPPOItunity for ensemble members to present work for evaluation and possible inclusion in the company repertory. Workshop performances are an exciting inlimate exp.erience tbr audiences' while providing the choreographers an opportunity to evaluate a.tistic integ,rity and response. . < Exhibit 2: Revised Project Budget / A. Total Project Budget " Nameoforganization:'1'he Dance Now! E. Project Title: Year Round Performance '\ Date(s)ofProject: 2000/2001 Attach a oopy 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 Personnel- artistic Personnel - technical Personnel- administration Outside artistic fees/services Outsjde other fees/services MarketingfPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security " Other Costs: Costumes REVENUES cash in-kind 10200.. _ 21250. cash Admissions 4200 Contracted services 5000 Tuitions Corporate support 2500 Foonwrnonsu~20000 Individual support 2000 Government grants Federal !'tate in-kind 5100 10625 ~------ 44.00 42075 2500 300 2000 2600 5100 200 750 405 Hannibal Cox 3852 " (Itemize below) 1000 Other contributions (Itemlu below) ProQyotien Costs 1090 Total cash expenses Total in-kind expenses Total project expenses . Grantaward 3000 28455 Total cash revenues 387 5 2~ Total in-kind revenues 81 050 Total project revenues 1 1 9 8 0 2 (cash + in-kind) 7'W"O 107505 (cash + in-kind) . ...' P \ Exhibit 2: Revised Project Budget I B. Grant Award Budget " '\ Name of organization: The DAnce Now! E .Project Title: Year Round Performance Date(s)ofProject: 2000/7001 Directions: Identify and itemize cash expenses to be paid from Grant fimds. Grant awards may only be spent within budget categories declared below. Graat Exueuses Personnel- artistic 2900 Personnel- technic8l Personnel. administrative Space rental Travel (local only) Marketing/Publicity 100 Outside artistic fees Outside other fees Other costs (ltmllu IIdow) " TOTAL 3000 " GI1IIIt requirements: Grant monies _ be aperrt within budget caIegories agreed upon in c:ontract All publications associaled with Miami Beach Cultural Arts Council grant support must include 1Ile ~ of Miami Beach Cultural Arts Council's logo and the fullowing byline "City of Miami Beach" Grant runds may not be nsed Ibl': RemlUlllllltion of~ employees fur any services rendered as Jl8I1 of a project receiving a grant ftom the City ofM'UllDi Beach Cultural Arts Council "Bricks and morlar" or per1I1lI11M equipment (permanent equipment nece.sary fur prop<lSed project may be purchased if the price is less than wbat is would cost to rent the equipment) Debt reduction Out-of-county travel or transportlltion FlDlllraising events Hospitality events . Events not open to the public