Community Arts and Culture Grant Agreementm MIAMIBEACH ~0°~ ~~a ~~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Community Arts and Culture
Grant Contact: Jose Elias
Address: 12 NE-51st Street
City, State, Zip: Miami FL 33137
Phone, fax, a-mail : 786.218.6854, 305.759.8265, ioseelias(c~bellsouth.net
2. Grant amount: $5,899.27 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 Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2009
6. Expenditure deadline: September 30, 2010
7. Project completion date: April 3, 201.
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 ,~ wday of ~~e~2009.
atti rrera ower, or Signature - ~"-"~
Attest: Y~ ~~ ~ "~ STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
GratMee's Co rate Seal Here
~,_-`-.
~.
_~
The foregoing instrument was acknowledged before me
this ~ day of Nrnl~mloi,°.~ 2009, by
~dSe r/) ArxitPi~ E ~ IGt of
Ca~rnuri~~y Ar#s der Gtal~w anot-for-profit
corporation. He/She is personally known to me or has
produced ~- DL Xa • la 12 _) t in as
identification. n
GRANTEE:
Federal ID #: «- (G 4 I Z 8 ti
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
FORM & LANGUAGE
es< FOR ~CECUTION
Signature of Notlltry
Notary Name: ~t°~S1GG~ ~ S
Notary Public, State of F
"~ ' JESSICA OzORES
MY COMMISSION # DO 677243
~= EXPIRES: May 22, 2011
My Commission Expires ~Ri;,§~~ ewaaarnNNor~yaw,n~uodre
,` ~~~~~
Date
Article II 1 General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the City Manager or his authorized designee, who shall be the City's
Cultural Affairs Program Manager.
2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash, other matching grants and/or In-Kind contributions not in excess of 25% of the
total cash project budget. Line item changes to said 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 in Exhibit 2-B shall not be permitted without the prior written
consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's
commencement, in writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the
Grantee must supply the Cultural Affairs Program Manager with a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2010, must submit their fins! reports no later than November 15, 2010. New Grant awards will
not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject
to the restrictions therein). 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.
The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the
award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or 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 Cultural Arts Council to obtain specific feedback from program participants.
6. Bank Accounts and Bondino: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw or
write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September 30).The Grantee shall keep accurate and complete books
and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting
standards. These books and records, as well as all documents pertaining to payments received and made in
conjunction with this Grant, inGuding, without limitation, vouchers, bills, invoices, receipts and canceled checks,
shall be dated 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 I-5. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice. 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.
2of9
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
tine in alt publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council.
Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted
under this Agreement, pursuant to Article II-12.
9. Liability and Indemn~cation: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, inducting attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of daims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from
the pertormance if this Agreement by the Grantee or its officers, employees, agents, servants, partners, prindpals
or contractors. Grantee shall pay all daims 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 defined 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 Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be
held liable to pay a personal injury or property damage daim or judgment by any one 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 inddent 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 shall not be permitted to assign this Grant, and any purported assignment will
be void, and shall be treated as an event of default pursuant to Article II-12.
11. Comaliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Artide VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of
this Agreement, 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 termination, the
Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by
the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated, 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 (first half) up to the termination date.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year.
However, Grantee will be allowed to apply for grants in future fiscal years.
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration, 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.
3of9
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 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.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time the breach or 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-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,
Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference
only and should not be deemed or construed as in any way limiting or extending the language or provisions to
which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article III /Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and/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 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 Civii Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
4of9
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qual~ed individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shaft 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 T0, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
5of9
Exhibit 1 /Revised Project Description
Organization: Community Arts and Culture
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved awarol. 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:
Community Arts & Culture presents the 12 Annual Afro Roots World Music Festival as part of its
2009-2010 Season. This event celebrates the evolution of African culture in our community
through musical performances by local world class artists that showcase our global stage. Next
years festival will take place on Saturday, April 3`d at the North Beach Band Shell on 73`dSt. and
Collins Ave. This is an all-ages event with doors opening at 6pm and performances running from
7:00 - 10:30pm. Ticket prices will range from $10.00 general admission to $50 VIP, children
twelve and under get in free. The festival will feature Grammy Nominated Cuban Son group,
Conjunto Progreso (myspace.com/conjuntoprogreso), the Multimedia Insurgency of the Nag
Champayons (www. nagchampayons.com) ,and Master Baliphonist and Griot, Ibrahima Dioubate
and is group Delou from Guinea, West Africa (www.delouafrica.com). More information on the
event will be available on our website www.communit artsandculture.or
Project description as revised (if applicable) based upon the Citv Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the
work is new or has never before been presented in Miami Beach.
The only change we have made is in the lineup, we are replacing Abdoulaye Diallo with Ibrahima
Dioubate and Delou.
6of9
Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Community Arts and Culture
Date(s) of Project: apri103, 2010
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 1 1.000 500
Personnel -technical 1 500 -500
Personnel -administration
Outside artistic fees/services 25 4.000
Outside other fees/services 7 4,000 _
Marketing/Publicity 4,000_ 1.500
Space rental
Utilities
Equipment rental _ 4,000
Office supplies _ 1,800
REVENUES
CASH IN-KIND
Admissions 2,000
Contracted services
Tuitions
Corporate support 1.500 (inkind)
Foundation support
Individual support 2,000(1,000 inkind)
Government grants 8,228 (local)
Federal
State
Other Costs: (Itemize below) Other Contributions (Itemize below)
Security 300 _ Cash on hand 1, 872.73
printing
400
City of Miami Beach Grant Award 5,899.27
Total cash expenses 20.000
Tota! in-kind expenses _ 2,500
Total project expenses 22,500
CASH & IN-KIND
Total cash revenues 20,000
Total in-kind revenues 2,500
Total project revenue 22,500
CASH ~ IN-KIND
lof9
Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Community Arts and Culture
Date(s) of Project: _ April 03, 2010
Grant Award: $5,899.27
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
Grant Expenses
Personnel -artistic 250 Equipment Rental
Personnel -technical 150 Space rental (Performance
Related Only)
Outside artistic fees 1.500
Marketing/Publicity 1.000 Total Other Costs (itemize
Below)
Printing 100
Description Amount
Postage ,_ Outside Technical Fees(7) 1 500
Supplies/Materials 300
security 99.27
TOTAL must equal grant award):
Grant requirements
Grant funds must be spent wkhin budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, Culturl Affairs Program, Cultural Arts Council."
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• 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
8of9
Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Guttural Affairs grants programs
• Administrative salaries or fees
• "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• Social/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
• Events not open to the public; unless the event serves to spec~cally benefit City of Miami Beach
government and has been previously approved as such be the Cultural Affairs Program Manager
Required supporting materials for final reports submitted within 45 days upon completion of grant
project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (ftont and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (i.e. -all artists payments, separate ftom
advertising payments). Invoices AND checks must be dated within the 2009-10 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
9of9