The Dance Now! Ensemble~~~ 0 ~ f~ ~ !~~
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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered into thisay of 2008, between the City of Miami
Beach, Florida (the City), and (Grantee).
Article ~ f-Grant Deacriptiart
1. Grantee: The Dance Now! Ensemble
Grant Contact: Hannah Baumgarten
Address: P.O. Box 416525
City, State, Zip: Miami Beach, Florida 33141
Phone, fax, e-mail : 305-975-8489, 305-200-5663, info dancenowmiami.ora
2. Grant amount: S 8,800.00 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final
Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits2-A Project Budget and 2-B~GrantBudget, attached hereto
5. Contract deadline: October 27, 2008
6. Expenditure deadline: September 30, 2009_
7. Project completion date: _January 30, 2008
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 _
2008. ,
.a., IC~,~~,fi P~ul~
STATE Of~ F~ORIDA, COUNTY 0 -
ll g ~p ,,c,~ p
The foregoing instrument was acknowledged before me
this ~t day of h9~ ~ /L X008, by
of
anot-for-profit
corporation. He/She is personalty known to me or has
produced
I I _ as identif n.
Federal ID #: 65-1005951 :~` ~ ~ ~~~~~~~~ ~~ignature of ota Pu lic .
---~~~ 1111612011 t~tary Name: /L R D AS TO ,.:>J,.r.,.
_,
.~~,
BY: Hannah Baumgarten `~~ ~~ s
ar Q~~ Nary Public, State of Florida ~ FOR EXECUTION ~'~
~:
Printed Name of Organization's Authorized '. M~`~ ~pn'1 ;~
Representative ~,,' ~ ,~C 911566. PQ~ Commission Expir /~ L v
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Article II /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article t, 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: 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 specfied in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item
changes to said Budget-shaft rtotexceed tern percent (1096) per~ategory, sa tong 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-B shall not be permitted without the pnorwritten 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. Reports: This Grant has-beery awarded with-the understanding-that the described Project wilt 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 or his Designee with a written final report
documenting thafi the Grantee has futfiiiledalt requirements: Th'rs report is fio be received by the CulturatAffairs
Program Manager orhis Designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2009, must submit their final reports no later than November 15,
2009.
4. P~,~Qunt of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2
(subject-to the restrictions- in Article 1-2): By making this Grant; the City assumes no obttgatiarr 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 crf the award, and execution ofi this Agreemer by the parties herefio.
5. Program Monitoring and Evaluation The CulturalAffairsProgyam Manager orhis 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: B~rrk Accounts and- Bonding: Monies received pursuant- to this Agreement shaft 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 furtde
7. ccounting and Financial Review: The Grantee must keep accurate and complete books and records
of-alt receipts and expenditures of Grant funds, to conformance with reasonable accounting standards. These
books and records, as wel 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
trt a secure ptace and to an orderly- fashion by the- Gran#ee -far at teast two (2) yearn after the Expenditure
Deadline specified in Articfel-5. These books, records, and documents maybe 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 n3cords of the Grantee, whether or
not purported to be related to this Grant
8~. Publicity aPd Credits: The Grantee mustinctude the City of Miami Beach logo and the folfowtng credit
line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cutural 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: Liabilt 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 shalt pay alt claims and tosses- in connection therewith and shaft
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 noway limitthe responsibility to indemnify, keep and save harmless
and defined the City or its officers, employees, agents and instrumentalities as herein provided.
tf-the Grantee is a- government- entity, this indemnification shafF 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 pensonal injury or property damage claim or judgment by any one person
which exceeds the sum of $1Oa,00t?, orarry ctairrr orjudgment- or-portions thereof; which, when totaled with alt
other claims or judgments paid by the government entity arising out of the same incidentor 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 negftgertce of the Grantee entity:
10. Assignment The Grantee is not permitted to assign this Grant, and any purported assignment will be
void, and-shatF be treated as an event of default pursuant th Ar6cte t1-12.
11. Corn Ip ianr~ with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
Slate, County and City laws; including but not-limited to Miami-Dade County's Conflict of Interest anct 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 fatly set forth herein:
12. Default/Termination Provisions In the event the Grantee shall fail to materially conform with any of the
provisions- of-this- Agreement; the Guttural 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 shaft be requiredto 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 r~uested to re~a~alfor a portion of the
Grant funds because of a breach of this Agreement, the foifawing terms w'sll aaply:
a. For First-time violations -Grantee shall be rer~red to submit a final report with documentation of
expenditure of all grant 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 ~ifij af_Miami $each. Grantee,.wilf 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 far future fiscal year's grants programs.
b: For more than First-time violations -Any future compliance infractions by Grantee will be
considered b~ 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 ailawed
to apply for future grants shalt 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 Manager or 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.
43. tstdn{gence WrIF Not be Wair-er 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
tent 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 trJ the Grantee at the address specified in Article t-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,
Ftor'rda 33139:1819.
15. options 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. eontr,~ct Represents Total Agreement: This corrtract, inctudtng 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 Grarrt-awarded herein is the resultotL 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 inctudtng but not limited to those outlined
in this Grant Agreement.
18: The- Grantee also accepts and- agrees tv cvmpty 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.) prohibitingdtscrimirtatian on the basis of°rac~, 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 't990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
Thee City also endorses the mandafie of-the Rehabititatiorr Act of 1.973 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, bosh substantive and remedial, without regard to principles of c;anffictof taws. The exclusive venue for
any litigation arising out ofthis Agreement shalt 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.
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The remainder of this page is left intenfionally blank-
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Exhibit 41 Revised Project Dosctiption
Organization: The Dance Nowl Ensemble
Completeiq describe Project approved by the Grants Panel arrd in a separate narrative cteta'rt alt 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:
DNE Celebration of Light Colony Theatre December 12-13, 2008
T7te creation and presentation of the DNE Celebration of Lightfacilitates the company's commitment to
produce new choreographicwork distinguished for quality, innovation and accessibility. DNE has been
present on Miami Beach since its inception in 2000, presenting two to three proscenium performances
per year and several educational and community performances at various venues.
Directors Salterini and Baumgarten will serve as the main choreographers for this event, collaborating
with Lighting Designer Bruce F. Brown, and Costume Designer Floyd Nash. Additional work from the
company's repertory will complete the Holiday program.
Inspired by the common theme present in many of the winter Holidays, DNE will create an evening of
dance reflecting on light, both in its literal and metaphorical significance. The meaning and aesthetics of light
and color, light's effect on mood and emotion as well as introspective journeys leading to enlightenment
are the subjects of the world premieres for this performance.
PLEP~SE SEE ATTACHED EXHIBIT 1 PAGE 2
p rcijec~ dE~CROtir° as revised (~ar~oticable} based uoort the City Commissi~~oved 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.
1. The dates of the Colony performances have been shifted forward to Deeemiber 1314, 2{1(18
2. The new work preview ~ at Arts at St. John's has been cancelledby the venue and the Art Deco Festival
may also be cancelled due to festival budget cuts.
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EXHIBIT 1 /APPROVED PROJECT DETAIL
DNE Celebration of Light Colony Theatre December 12-13, 2008
The work slated to premiere includes:
Following the Light - Tn a time when many are without significant ties to organized
religion, we find ourselves seeking spiritual and moral guidance in unconventional,
esoteric, even sometimes commercial avenues. FoIlowing the Light, a collaboration
between directors Salterini and Baumgarten, explores this syndrome of the 21 ~ Century,
particuIarIy within their own experiences as an Italian, born and raised in Rome without
the Catholic Church, and a Jew whose intense religious background was administered in
the vacuum of a liberal California town. finis major work will feature a more in-depth
approach with long time DNE lighting designer Bruce F. Brown whose lights will
actually fuel the dance (hence the double entendre of the title) and the choreography will
be made in direct collaboration with the lighting design, as opposed to the stage light
being fitted to the dance only upon reaching the stage environment.
Seat 23B - A premiere from Salteruu, Seat 23B is a melancholic work which places three
strangers together for a moment in time. Their separate existences and individuality aze
challenged by their circumstances, and they somehow find a way to connect as a
microcosm community, just as they drift apart to return to their own lives.
Couch Potato 1Vlambo -Set in "Everyhome South Florida", Baumgarten's new
whimsical ballet pokes lively fun at a culture sedated by the hypnotic blue light of the
television. With unexpected humor and athletic dancing Mambo will entertain and
delight.
At the end of each performance, DNE wiIl invite the audience to stay in the theatre for a
Talk $ack with the Artists, an opportunity to exchange dialogue with the
Choreographers and dancers in an informal setting, enhancing their understanding of the
creative process behind a proscenium performance.
Marketing consultant Algeria Bridges will create targeted strategies for this event
focusing on drawing both existing and new local audiences, as well as networking with
tourists through related mazketing partnerships.
Excerpts of the Celebration of Light will be presented at the following community
performances:
Arts at St. John's October 2008
Art Deco Festival January 18, 2009
Exhibit Z-A~ Project Budget l Revised Total Project Budget
Name of organization: The Dance Now! Ensemble
Date(sj of Project: Oct 1, 2008 -January 31, 2009
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
CASH IN-KIND
Personnel -artistic 9.600
Personnel -technical 5QQ
Personnel -administration 2.500 1.000
Outside artistic fees/services x.000
Outside other fees/services 3.500
Marketing/Publicity 3.500 1.000
Space rental 5.500
Travel _1QQ
Utilities 1.000
Equipment rental 1 QQQ
Office supplies ~t Q
Insurance/Security 1.000
REVENUES
CASH IN-KIND
Admissions 5.000
Contracted services 2.000
Tuitions
Corporate support
Foundation support x.000
Individual support 5.40Q
Government grants 8.000
Federal
State
Other Costs: (Itemize below)
Egu~'~ment Purchase ~
Other Contributions (Itemize below}
Costtalmes 2.000
Rece tip on ~Q.Q ~Q
incidentals ~
Total cash expenses 35.200
Total in-kind expenses 2.750
Total project expenses 37.950
CASH 8 IN-KIND
City of Miami Beach Grant Award 8,800.00
Total cash revenues 35,200
Tote! in-kind revenues 2,750
Total project revenues 37,950
CASH 8 IN-KIND
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Exhibit 2-8: Project: Budget l Rev_'rsed GrantAward Budget
Name of organization: The Dance Nowl Ensemble
Dates} of Project:
Grant Award: $8,800.00
Directions: Identify.. and ~emize-cash expenseato. be-paidfrom: Grant award funds. Grant awards may.
only be spent within budget categoriesdeclared below. Line item changes to said Budget shall not exceed
ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant
funds
Grant Expenses
Personnel.-artistic
Personnel -technical
Outside artistic fees
Marketing/Publicity
Printing
Postage
5.Oa0 Equipment Rental
$QQ Space rental (Performance
Related-Only)
1.000 Insurance (Performance
Related Only)
Total Other Eosts (itemize
Below)
Description Amount
2,000
TOTAL (must equal grant award: 8.800
Grant- requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
Alt publications associated with Citjr of Miami Beach culturat grant-support must irtdude the City of ftAiami
Beach logo and the following byline: °City of Miami Beach, Cultural Affairs Program, Cultural Arts
COUnCII."
Allowable Grant Expenditures as Relates t4 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 orevent. 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 Restrietions Egrant funds may not be ased tovrards}:
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
~Administrat'rve saharies 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
• SociaVFundraising events, beauty pageants or sporting events
•- Mospital~y costs including decorations or affrliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government
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,INYOICES AND CANCELLED CHECKS (front and bath copiesy, 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.
Onf~