Dance Esaias Corporation
-
,
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 6
Florida, on behalf of the City of Miami
Danae Esaias Co:rporaticn
day of Nov . 2000 between the City of Miami Beach,
Beach Cultural Arts Council (collectively the City), and
(Grantee).
Artiele I / Grant description
1.
Grantee:
Address
City. state, zip
Phone, fax, email
Danae Esaias Co:rporaticn
1521 Altrn Road, 267
Miami Beach. FL 33139
305-672-3865, 305-759-1227, pamofunk@mindspring.oam
2. Grant amount: 7,250 50"/6 paid IlpOn execution of this Agreement.
Remaining 50"/6 paid upon completion of Project. submission and approval offinal repart.
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibit n, A and B attached hereto
5. Expenditure deadline: Seotember 30. 2001
6. Report deadline: No 1ater than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 1I day of ~t1", . 2000.
CITY OF i BEACH
Neisen Kasdin, Mayor
ATfEST:
_~VUu6' r~
Robert Parcher. City Clerk
GRANTEE! Danae Esaias
Print Name of Organization
FederallO# 65-0720895
BY: ES<lias Johnson
_~~""Idort
~. :,o~
Signature
(Grantee's Corporate seal)
APPROVED AS 10
fORM & LANGUAGE
& FOREXECunON
~ !{)-:1.~
'.
Article II I General conditions
I. 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 delegated 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 DescriDtion: 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 fonnaIly request lIUthorization via a letter to the Director of the Council detailing
and justitying the changes. AD Grant recipients must partieipate in Miami Beach Second Thursdllya (see Article
ill-19).
The following City of Miami Beach" Anchors" are required to provide specific infunnation in their Project Description,
attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cuhuml Arts Council, either by offering rehearsal space, worlting 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/Soutb Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
WolfSonian-FIU
Failure to include the above infonnation 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. Reoorts: 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 fmal reports due at the completion of the City's fiscal year on September 30, 2001.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified 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.
5. ProI!l'8Ol Monitorin!! and Evaluation: The Director of the Council may monitor and conduct an eva1uation of
operations and the Project under this Grant, which may include visits by City representatives to observe the I'r<!iect or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bondin!!: Monies received porsuant 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 conformance with reasonable accounting standanls. These books and
reconls, 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 fO(' at least two (2) YC\ll'S after the Expenditure Deadline specified in Article 1-5.
These books, reconls, and documents may be examined by the Director of the Cmmcil or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Cmmcil may, at the
City's expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not
purponed to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City ofMhDrti Beach Cu/tJuYlI Arts ColUldllogo and
the following credit line in all publications related to this Grant: mE CITY OF MIAMI BEACH. Failure to do so may
preclude future gl'llIlt funding from the City in the st)me manner as if Grantee defauhed under this Agreement, pursuant
to Micle IT - 12, below.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and instnlments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City 0(' its officers, employees, agents and instrumentalities may incur as a resuh of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out oJ; relating to, 0(' resulting from the pafonnance
if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall
pay all claims and losses in COlUlection 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 thueon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, 0(' otherwise provided, shall in no way limit the responsibility to indemnify, keep and save
hannless 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 of that Statute whereby the Grantee entity shall not be held
liable to pay a personal i~ury 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 0(' occurrence, exceed the sum of $200,000 from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the Grantee entity.
10. Assil!llDlent: The Grantee is not permitted to assign this Grant, and any purported assignment will be void,
and shall be treated as an event of default pursuant to Miele IT-12, below.
II. Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State,
COImty and City laws, including but not limited to Miami-Dade County's Ordinance No. 72-82 (Miami-Dade County's
Confliet of Interest and Code of Ethics Ordinance) as amended, which is incorporated herein by reference as iffully
set forth herein, and Chapter 2, Article VIT of the Miami Beach City Code, lI$ 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 confonn with any of the
provisions of this Agreement, the Director of the Council may withhold 0(' 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 funher obligation
to the Grantee under this Agreement. Further, in the event of a breach of any term 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 fO('
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 lIS 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 (1) 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. Indulgeru;e Win Not be Waiver ofBreacb: The indulgence of either party with regard to any bn:ach 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 offailure 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 peISOO
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 lIS follows: David Whitman, Executive Director, Miami Beach
Cuhural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this Al!reement: Captions, lIS 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 R~ts Total A2reement: 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 In 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. 2000<1
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 aoooss and equal opportlUlity
and services without discrimination on the basis of any disability.
19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cultural
open house on the second Thursday of every month. Free arts events will be held at multiple locatlons throughout the
City. Upon acceptance of the Grant and execution of the 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 n - 12 herein.
Exhibit 1/ Revised Project description
Organization:
Dance Esaias Corporation Project title: Co 11 "hnr"t-i nn" ;;
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the
organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
Dance Esaias is requesting support for Collaborations ii, to be presented at the Colony Theater,
Jan 26- 27, 2001. The projects involves two choreographers, Esaias Johnson (Dance Esaias) and
Kevin Wynn (The Kevin Wynn Collection), and a mix of dancers from both companies. Each
choreographer has very unique styles; Mr. Wynn is pure modem dance while Ms Johnson uses
her trademarked PoMoFunk style, a fusion of modem, ballet and hip-hop.
ColIaborations ii offers South Florida an opportunity to hothouse an exciting collaboration
between two contemporary African American choreographers with decidedly different artistic
visions yet a common bond of artistic excellence. It wiJI introduce local audiences to this
powerhouse duo of choreographers and their highly skilled dancers and the project will draw
attention on the national level in the press and dance community to Miami. Part of the goal of
this project will be to strengthen Miami as a viable modem dance community, just as Miami City
BalJet has done for ballet.
A group of dancers from each company will be selected through the audition process, to be held
in Miami and New York. Once the dancers have been selected, the choreographers will begin
working during a 4-6 week rehearsal period. Consultations with a costume designer, lighting
designer and sound designer will be ongoing throughout the collaborative process.
Prior to Collaborations ii the company will perform for the Second Thursday Festival, on Jan
11,2001, outside on Lincoln Road Mall, Miami Beach, and free to the public. For "Second
Thursdays" Dance Esaias will showcase new works as well as preview pieces for the upcoming
season. A live DJ wiIl play and at one point the audience will be asked to participate on stage.
FoIlowing these performances Dance Esaias will present a full evening concert Calling Myself
Home, featuring music by African American composer William Grant StiJI; at the Colony
Theater, May 18-19,2001. Also in the works, a performance with the Florida Dance Festival in
June 2001 and a Dance on Film Forum, filmllecture/demo series at a yet to be determined
location. This series will be free and open to all interested.
Tickets for Collaborations ii will be available at the Colony Theater box office and through
TicketMaster outlets. Dance Esaias will provide complimentary tickets to a group of "at-risk"
teens for the Friday evening show. The dress rehearsal will also have an invited group of young
patrons who will get a chance to meet the artists and learn the process of setting up a
performance.
Changes to the program have been made. Reductions will be made in marketing by almost 50%.
The Sunday Jan. 281h performance at the Colony will be cancelled, saving money on artist and
crew payroll, rental fees, and insurance costs. Rehearsal time will be reduced by I to I Y, weeks
to save on artist fees and rehearsal space rental. And unfortunately, choreographer Dwight
Rhoden will not be able to participate this season due to schedule conflicts and salary
requirements. Dance Esaias hopes to present him at a future date, as he remains excited to work
with Esaia~ Johnson.
Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization: Dance EsaLas Corp, Project Title: Collaboraticns ii
Date(s) of Project: Janm,ry 26~27. 200l
Attach a ropy 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
cash in-kind
Personnel- artistic 34.0pO 5,OPO
Personnel- technical 3.000
Personnel - administration 2,000
Outside artistic fees/services
Outside other fees/services l.OOO
Marketing/Publicity 8,500
Space rental 7,000 1,000
Travel 3.100
Utilities
Equipment rental l.100
Office supplies 800
Insurance/Security 1,500
Other Costs: (ltmrize below)
Artist Housing 8,000 2,000.
REVENUES
cash in-kind
Admissions 19,500
Contracted services 4,680 2,500
Tuitions
Corporate support 1,500 3,000
Foundation support 20,000
Individual support 10,500 4,500
Government grants
Federal
State
Other contn'butions
MooD D1\N
(ltmrize below)
4,570
Grant award
7,250
Total cash expenses
Total in-kind expenses
Total project expenses
68,000
10 ,000
78.000
(cash + in-kind)
Total cash revenues 68 ,000
Total in-kind revenues 10 ,000
Total project revenues 78 , 000
(cash + in-kind)
. .
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization: Danae Esaias
Project Title: Collaboraticns ii
Date(s) of Project: Jan. 26-27, 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
GraDt EXDeDSeS
Personnel- artistic
5,000
Personnel- technical
Personnel - administrative
Space rental
1,000
Travel (local only)
MarketinglPublicity 1,250
Outside artistic fees
Outside other fees
Other costs
memlze below)
TOTAL 7 ,250
Grant requirements:
Grant monies IIIIISt be spent within budget calegories agreed upon in contract
All publicatio... associated with Miami Beach Cultural Arts Council gnmt support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant fund. may not lie nled for:
Remuneration of City employees for any services rendered as part of a project receiving a gnmt from the
C~ of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennllllent equipment necessary for proposed project may
be purchased if the price is less than what is would cost to rent the equipment)
Debt reduction
Out-of-county travel or transpol1alion
Fundraising events
Hosphal~ events
Events not open to the public