Grant Agreement with The Dance NOW! Ensemble, Inc. MIAMI EC H
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2018/19 Cultural Affairs Grant Agreement
This Grant Agreement("Agreement")is entered into this 11. day of DNA/Jeff,'�A2et, 20 , between the
City of Miami Beach, Florida(the"City"),and("Grantee").
Article I/Grant Description
1. Grantee: The Dance NOW! Ensemble, Inc.
Grant Contact Hannah Baumgarten/Diego Salterini
Address: PO Box 416525
City,State,Zip: Miami Beach,Fl 33141
Phone,fax,e-mail: 305.975.8489
Cultural Anchor Yes El No
2. Grant amount: $ 22,410 ("Grant"or"Grant Funds")
50%of the Grant Funds shall be paid to Grantee upon execution of this Agreement and audited financial
statements or proof of funding source showing that Grantee has secured the mandatory 1:1 match for the total
Grant amount The remaining 50%of the Grant Funds shall be paid to Grantee upon completion of the Project,
and following the submission by the Grantee and the approval by the City of the Final Report.
3. Project Description: See Exhibit 1,attached hereto("Revised Project Description").
4. Itemized budget: See Exhibits 2-A(Total Project Budget)and 2-B(Grant Award Budget),
attached hereto.
5. Contract effective date: October 1,2018
6. Contract submission deadline: March 15,2019
7. Expenditure deadline: September 30,2019
8. Final eadline: Must be postmarked or delivered no later than November 15_2019
Dan Gelber,Mayor
Signature iAltN
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BY: Hannah Baumgarten THOMAS E WINICL R
'i: MY COMMISSION#FF93. 451
Printed Name of Organization's Authorized Representative + •..: EXPIRES November 15, 019
(City Attorney Approval below this line) Notary Namcr4o7) 98-0 SJ Ilwk!iNow yS"rvlw.com
APPROVED AS TO Notary Public,State of Florida
FORM & LANGUAGE My Commission Expires:
& FOR EXECUTION
City Attorney ► \ Date
Article Il / 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 (the "City").
The City has delegated the responsibility of administering this Grant to the City Manager or his
authorized designee, who shall be the City's Cultural Affairs Program Manager.
2. Project Description: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1.
3.Budget: All of the Grantee's expenditures shall be subject to the terms of this Agreement,
as specified in the itemized Total Project Budget (attached hereto as Exhibit 2-A) and the Grant
Award Budget(attached hereto as Exhibit 2-B).
A mandatory 1:1 match is required for all grants. Grant applicants must demonstrate that matching
funds in the full amount of the grant award have been secured prior to receiving the first grant
payment. The City will review and approve audited financial statements detailing the match
through cash, grants, and/or in-kind contributions, of which in-kind contributions may not exceed
25%of the Total Project Budget, attached hereto as Exhibit 2-A.
Line item changes to the Grant Award Budget shall not exceed ten percent (10%) per category,
and shall, in no event, exceed the total amount of Grant Funds. Notwithstanding the preceding
sentence, amendments to the itemized Grant Award Budget shall not be permitted without the
prior written consent of the Cultural Affairs Program Manager. Said requests shall be made in
writing, detailing and justifying the need for such changes, in advance of the Project's
commencement.
4. Reports: This Grant has been awarded with the understanding that the Project will
enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or
has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with a
written Final Report, which shall document the Grantee's satisfaction of all requirements. This
report must be received by the Cultural Affairs Program Manager no later than November 15,
2019. New Grant awards will not be released to the Grantee until all Final Reports for previously
awarded grants are received. The City may withhold any future payments of the Grant, or the
award of any subsequent Grant, if it has not received all reports required to be submitted by
Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be
disseminated by the City without the prior written consent of the Grantee.
5. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in
Article 1-2, and payment of any portion thereof shall be subject to and contingent upon Grantee's
compliance with the terms and conditions set forth in this Agreement. In awarding this Grant, the
City assumes no obligation to provide financial support of any type whatsoever in excess of the
total Grant amount. Cost overruns are the sole responsibility of the Grantee. Grant Funds will only
be remitted to the Grantee once the Mayor and City Commission have approved the Grant award,
and once all parties have executed this Agreement, and provided that Grantee is otherwise in
compliance with the terms and conditions herein.
6. No guarantee of future funding: The Grantee acknowledges that the receipt of this Grant
does not imply a commitment on behalf of City to continue or provide funding beyond the terms
specified in this Agreement.
7. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor
and conduct an evaluation of the Project funded by this Grant, which may include, without
limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures,
and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee
agrees to utilize the standardized Audience Survey adopted by the City's Cultural Arts Council to
obtain specific feedback from program participants.
8. Bank Accounts and Bonding: Grantee shall maintain all monies received pursuant to this
Agreement in an account with a bank or savings and loan association that is located in Miami-
Dade County. The Grantee shall provide the City with the name of the bank or savings and loan
association, as well as the name and title of all individuals authorized to withdraw or write checks
on Grant Funds.
9. Accounting and Financial Review: Any activities funded by this Grant must take
place during the City's fiscal year for which the Grant is approved (October 1 -September 30). The
Grantee shall keep accurate and complete books and records of all receipts and expenditures of
Grant Funds, in accordance with reasonable accounting standards, and shall retain such books
and records for at least four(4)years after completion of the Project. These books and records, as
well as all documents pertaining to payments received and made in conjunction with this Grant,
including, without limitation, vouchers, bills, invoices, receipts, and canceled checks, must be
directly related to Grant-funded activities taking place within the fiscal year for which they are
approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the
Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-7. At the
request of the City, Grantee shall provide the City (and/or its designated representatives)
reasonable access to its files, records and personnel during regular business hours for the
purpose of making financial audits, evaluations or verifications, program evaluations, or other
verifications concerning this Grant, as the City deems necessary. Furthermore, the City may, at its
expense, audit or have audited, all the financial records of the Grantee, whether or not purported
to be related to this Grant.
10. Publicity and Credits: The Grantee must include the City of Miami Beach logo and
the following credit line in all publications (where appropriate)that are related to this Grant: City of
Miami Beach, Cultural Affairs Program, Cultural Arts Council. Grantee's failure to comply with this
paragraph may preclude future grant funding from the City, in the same manner as if the Grantee
defaulted under this Agreement, pursuant to Article 11-14. Except as specified herein, Grantee
shall not use the name, trademarks, or logos of the City without the City's advance written
approval.
11. Liability and Indemnification: The Grantee shall indemnify and hold harmless the
City and its officers, employees, agents, and contractors, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death, or loss of or damage to property, which the City or its officers, employees, agents, and
contractors may incur as a result of claims, demands, suits, causes of action or proceedings of
any kind or nature arising out of, relating to, or resulting from the performance of this Agreement
by the Grantee or its officers, employees, agents, servants, partners, principals or contractors.
Grantee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which may
issue thereon. Grantee expressly understands and agrees that any insurance protection required
by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to
indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors
as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute
whereby the Grantee entity shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $200,000, 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 $300,000
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.
12.Assignment: The Grantee shall not be permitted to assign this Grant to any other party.
Any purported assignment will be void, and shall be treated as an event of default pursuant to
Article II, Section 14 .
13. Compliance with Laws / Good Standing With the City: The Grantee agrees to abide by
and be governed by all applicable Federal, State, County, and City laws, including but not limited
to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is
incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami
Beach City Code, as amended, which is incorporated herein by reference as if fully set forth
herein. Grantee shall maintain its good standing in accordance with the laws of the State of
Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any
City Code requirement applicable to Grantee or to the Grantee's operation its business or other
activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use
or Business Tax Receipt(s) that may be required for any business activity, timely making payment
of all taxes, fees or charges that may be due to the City of Miami Beach. Grantee shall promptly
take corrective action to correct any City Code violation or notice of violation issued by any
governmental agency with jurisdiction over Grantee. Further, Grantee agrees to comply with the
terms and conditions of any lease, contract, or other grant agreement that Grantee may have
separately entered into with the City of Miami Beach ("Other City Contracts"). Any failure by
Grantee to comply with any provision of the City Code applicable to Grantee, or any breach or
default by the Grantee of any covenant or other term or condition contained in any Other City
Contracts (after the passage of any applicable notice and cure provision set forth therein), shall, at
the option of the City, be considered a Default (as such term is defined more fully below in Article
II, Section 14 of this Agreement), in which event the City shall be entitled (but in no event required)
to apply all rights and remedies available to the City under the terms of this Agreement by reason
of a Grantee's breach or failure to comply with said obligations.
14. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of
the covenants, terms or provisions of this Agreement, including, without limitation, any failure of
Grantee to (i) secure 1:1 match funds in accordance with the requirements set forth herein; (ii)
complete the Project, as expressly contemplated in the Project Description; (iii) timely submit any
reports, when due, as required under this Agreement, or properly provide an accounting of Grant
Funds, including, without limitation, in accordance with Article II, Section 9 herein; (iv) use the
Grant Funds solely for the limited purposes described in the Project Description (and allowable
grant expenditures as set forth herein); and (v) comply with any other term or condition of this
Agreement, including, as set forth in Article II, Section 13, any failure to comply with any term or
condition contained in any Other City Contracts, or any provision of the City Code applicable to
Grantee (each, a "Default"), the Cultural Affairs Program Manager may terminate this Agreement
and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar
days written notice to the Grantee, and the City shall have no further obligation to the Grantee
under this Agreement. Further, in the event of a Default, at the Cultural Affairs Program Manager's
sole discretion, the Grantee shall be required to immediately repay to the City all or a portion of
the Grant which has been received by the Grantee, as of the date that the written demand is
received ("Demand for Recapture"). Grantee further acknowledges and agrees that any Default
may, at the City's sole discretion, render Grantee ineligible for any future grant funding, as
provided below.
In the event of a Default, the following provisions will also apply:
a. For first-time violations — Grantee shall be required to submit a final report with
documentation of expenditure of all Grant Funds already received up to the date of termination
and/or the Demand for Recapture.Additionally, Grantee will be ineligible to apply for or receive a
grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for grants in
fiscal years following the subsequent City fiscal year.
b. For more than first-time violations - Any compliance infractions beyond first-time
violations will be addressed by the Cultural Affairs Program Manager, on a case-by-case basis. In
connection therewith, the Cultural Affairs Program Manager shall obtain the recommendation of
the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for
future grants shall remain within the sole discretion of the City.
Any uncommitted Grant Funds which remain in the possession or under the control of the
Grantee as of the date of the Expenditure Deadline specified in Article 1-7 must be returned to the
City within fifteen (15)days after the Expenditure Deadline. If such funds have been committed but
not expended, the Grantee must request in writing from the Cultural Affairs Program Manager an
extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one
(1)year.
Grant Funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the Cultural Affairs Program Manager a certified check for the total
amount due, payable to the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies
that may be available to it under the law.
c. Notwithstanding any provision of this Agreement to the contrary, and without regard to
whether City has exercised the Default provisions thereof, the City reserves the right, at its sole
and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of
the Project or the content of any required written report. In the event of discontinuation of the
Grant or at the close of the Project, any unexpended Grant Funds shall be immediately returned to
the City, except where the City Manager has agreed in writing to alternative use of the
unused/unexpended Grant Funds.
15. No Waiver: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by City at any time shall in any way affect, limit,
modify or waive City's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
16. Written Notices: Any written notices required under this Agreement will be effective when
delivered in person or upon receipt of a certified letter addressed to the Grantee at the address
specified in Article I-1 of this Agreement, and to the City when addressed as follows: Brandi
Reddick, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural
Development, 1755 Meridian Avenue, Suite 500, Miami Beach, Florida 33139-1819.
17. 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.
r I
18. 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Article III / Miscellaneous Provisions
19. The Grant awarded herein is the result of an extensive public review process, which
found that the Grantee is performing a public purpose through the programs, projects, and/or
services recommended for support. As such, use of Grant Funds for any program component not
meeting this condition will be considered a breach of the terms of this Agreement and will allow
the City to seek remedies including, but not limited to, those outlined in this Agreement.
20. 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.),which prohibits discrimination on the basis of race, color, national origin, handicap,
or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing and public accommodations on account of
actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner
status, labor organization membership, familial situation, or political affiliation.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans
with Disabilities Act of 1990 (ADA) to remove barriers that 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. Accordingly, the City requires that Grant
recipients provide equal access and equal opportunity and services without discrimination on the
basis of any disability.
21. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Exhibit 1 / Revised Project Description
Organization: The Dance NOW! Ensemble, Inc.
Instructions: Describe the Project, in complete detail, as approved by the Grants Panel. In a separate
narrative, detail all revisions to the Project, as approved by the City Commission. Please be as specific as
possible, and include the name of any events, specific dates, venues, times, artists, etc. Use an extra page
if necessary.
Project description as approved by Grants Panel:
Proscenium Performances.
Program I: Book of Psalms and New Voices featuring Chris Rudd, Colony Theatre,
December 14/15, 2018.
Program Ill:Terra Mia, Colony Theatre, June 7/8, 2019
Site Specific Performances
Ekphrasis in the Garden, Miami Beach Botanical Garden, Feb 18/Apr 14,2019
Community Performances
Spring Forward at the Bandshell, North Beach Bandshell, March 8, 2019
Artists: Baumgarten, Salterini
Proiect description as revised (if applicable) based upon the City Commission approved award:
Changes to projects funded by Grants 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.
Proscenium Performance.
Program I: New Voices featuring Chris Rudd, Colony Theatre, December 1, 2018, 8:30PM.
Site Specific Performances
Ekphrasis in the Garden, Miami Beach Botanical Garden, March 17, 2019 2PM and 4 PM
Community Performances.
An Evening of Dance NOW! at the Betsy Hotel, March 27, 2019, 7PM
Page 7 of 10
Exhibit 2-A: Total Project Budget
Name of organization: The Dance NOW! Ensemble, Inc.
Date(s)of Project: December 1, 2018/March 17 and March 27, 2019
Complete the below Total Project Budget for your awarded artistic and cultural project. Round d off all
numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -Artistic 35,000 Admissions 4,000
Personnel-Technical 4,500 Corporate support 8,000
Personnel-Administration 15,000 5,000 Foundation support 10,000
Outside artistic 2,000 Individual support 22,090 5,000
fees/services
5,000 3,000 City of Miami Beach Grant 22,410
Outside other fees/services (must not exceed 50% of the
total grant revenues)
Marketing/Publicity 8,000 5,000 Other Government Grants:
Space rental 3,500 2,000 1. Federal
Utilities 2,000 2. State 1,500
Equipment rental 1,500 Other: Miami Dade County CDG 35,000
Office supplies 1,000 Other: Miami Dade County TDC 5,000
Other: Choreography Fee 15,000 Other: Miami Parks and Rec 2,000
Other: Costumes 5,000 Other:
Other: Miscellaneous 2500 Other:
Other: Other:
Total cash expenses 100,016 Total cash revenues 100,000
Total in-kind revenues (may
Total in-kind expenses 15,000 not exceed 25% of the Total 15,000
Project Budget)
Total Project Expenses Total Project Revenues
(must equal or exceed (must equal or exceed grant
grant award plus 1:1 115,000 award plus 1:1 matching 115,000
matching funds): funds):
Page 8 of 10
Exhibit 2-B: Grant Award Budget(Page 1 of 2)
Name of organization:The Dance NOW!Ensemble,Inc.
Date(s)of Project:December 1. 2018/March 17 and March 27. 2019
Grant Award:$22,410
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only
be spent within budget categories declared 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.
(Cultural Anchors — those grantees with permanent facilities on Miami Beach offering year-round
programming -are excluded from these restrictions.)
All costs included in this budget, whether such costs are paid for with Grant funds, Grantee's separate
match funding, or otherwise paid for at Grantee's sole cost and expense, must be directly allocable to the
Project activity, allowable, and adequately documented. Actual, allowable expenditures must be reported
on all payment requests and financial reports.
Only include costs expected to be incurred within the period of performance, which can begin no earlier
than the earliest allowable start date noted in the guidelines for this funding opportunity. Do not include
unallowable costs. Unallowable costs cannot be supported with Grant funds OR with matching funds.
Allowable Grant Expenditures Related to Grant Project:
• Artistic,technical, and outside artistic fees directly related to the proposed program or event that
occurred within the City of Miami Beach;
• Marketing, publicity, and printing;
• Honoraria;
• Postage;
• Equipment rental and expendable materials;
• 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;
• Space rental (performance-related only); and
• Production costs related to the proposed program, project or event;
Grant Use Restrictions
Grant Funds may not be used towards the following activities or items:
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
funded by the City's Cultural Affairs grant programs;
• Administrative salaries or fees(Cultural Anchors are excluded from this restriction);
• "Brick and mortar"expenses or permanent equipment; unless the purchase price is less than the cost
of rental;
• City of Miami Beach fees or 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 are
excluded from this restriction);
• Travel or transportation;
• Insurance Fees(Cultural Anchors are excluded from this restriction);
• Social and/or fundraising 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 contributions;and
• Events not open to the public, unless the event serves to specifically benefit City of Miami Beach
government and has been previously approved as such by the Cultural Affairs Program Manager.
Exhibit 2-B: Grant Award Budget(Page 2 of 2)
EXPENSES
CASH
Personnel-Artistic 10,510
Personnel-Technical
Personnel-administration*
*Cultural Anchors Grantees ONLY
Outside Artistic Fees
Marketing/Publicity 2000
Printing
Postage
Equipment Rental
Space Rental(Performance
Related Only)
Other Costs(itemize below)
4 Choreographers 9,400
Costumes 500
Total grant expenses(must 22,410
equal grant award):
Required supporting materials for final reports:
• Grantee shall provide the City with copies of all receipts, invoices, cancelled
checks (copies of both front and back)and proof of expenditures of Grant monies.
GRANTEE SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND
CANCELLED CHECKS, ETC. ACCORDING TO THE CATEGORIES SET
FORTH IN THE GRANT BUDGET (for example, all artist payments shall be
separate from advertising payments). Invoices and checks must be directly
related to expenses for Grant-funded activities taking place within the City of
Miami Beach and within the 2018-19 Fiscal Year.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s),such as programs, brochures, and flyers.