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Patrons of Exceptional Artists, Inc.ao/o - a 7~I ~ ... ~ ~ : NIIAMIC City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year.2010111 Cultural.,Affairs Grant Agreement This Grant Agreement is entered into this 20$h day of Sep$ember, 2010, between the City of Miami Beach, Florida (the Gity), and (Grantee). Article 1 / Grant,Description 1. Grantee: Patrons of Exceptional Artists, Inc. Grant Contact: Barbara E. Muze Address: 20901 E. Country Club Drive Suite 709 City, State, Zip: Aventura FL 331.80 Phone, fax, a-mail : 305-345-7032, 305-935-9087, Barbara(a?miamipianofest.com 2. Grant amount: $12,558.00 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission`and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract execution deadline: November 15, 2010 6. Expenditure deadline: September 30, 201.1 7. Project completion date: September 30, 2011 8. Final Report deadline: ~ Must be postmarked or delivered no later than 45 days after Project completion date. p. ~ IN WI TNESS WHEREOF, the parties heret da Q GT~rJr~~-, 2010. o have executed this Agreement this ~ Matti H , rera Bower, ayor Signat ... Attest: '~/ ~ n STATE OF FLORIDA, COUNTY OF MIAMI- ~ (J , ~ c ~ ' " - Robert Pa cher, City Clerk The foregoing instrument vas acknowledged before me C seas ..~ , '~. r- GRANTEE: ,+ /, Federal 1D #: ('aO,J/r~",~ ~ 7 S &v~- ~`~ BY: ~~~j~G ''/ f ~ ~ . ~ U ZC3~ Printed Name of Organization's Authorized Representative (City. Attorney Approval Here) APPROVED AS TO FORM & LANGUAGE t& FOR EXECUTION la ~s ~~ City ttorney~~01 D e tjh~is ~'S day of ~ ~ ~ 2010, by anot-for-profit corporationrNe/She is personally known to me or has produced ~~ot'-- ~Vi-J1 t l~~S (~ [P_~f(1<<P_as identifi tion. , Signature of Notary Public r/ t~ ~ 0 Notary Name:. `~ (~-~-' Notary Public, State of Florida M C ~f"~ a:~'~L~C~. Y ,,,,µ11p /y' ~ ~ .:`14 ~~ ~ lE>{UE puscTas ~ti i ~$ l- PtddlC -State of Florida ! ~ s, My Cohan. Expires.Apr 5 2014 Commla:ion ;N tit 978893 Article 10 /General Conditions • 1. Parties: The parties to this Agreerienf aye the'Grantee listed in Article I, and the City of Miami Beach, amunicipal-.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. 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 Perms 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 alLGrarit programs. Grant applicants must demonstrate this match through cash, other matching grants, andlor 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, andshall, 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 shaA be made in advance of the project's commencement, in writing, detailing. and justifying the need for. such changes. 3. Reports: This Gran_ t' 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 supplythe 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 Managerwithin 45 days of the Project's completion date. Grantees completing, e their Rroject by the end of the Fiscal Year, orSeptember 30, 2011, must submit.their final reports no dater than November 15, 2011. New Grant awards will nat 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 orwithout,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 Bonding:. Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings. and loan associations whose identities shall be disclosed. in writing to ttie 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, including, without limitation, vouchers, bills, invoices; receipts and canceled checks, shalt be dated within the fiscal yearforwhich 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 F~cpenditure 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 duri lar ~qn reasonable, notice, Furthermore, the City may, afi its expense,. ~~~ 'Q1~t ~1$3~ 4 .. r f,ELt3T€~ .. ~ iP25i~~ ii37 y°'t ' °~ti.> ~y f.. .,,,,,~ audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. . 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: City of Miami Beach,.CulturalAffalrs Program, Cultural Arts Council: Failure to do so may preclude future grant fundingfrom the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article II-12`. 9. Liability .and lndernnification: The Grantee shall indemnify and hold harmless the City-and its . -officers, employees, agents and contractors, from any~and all liability, 'losses or damages; including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors ' 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 pertormance if 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 oi- 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 Agreemen#, 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 wherebythe Grantee . entity shall not be-held iiab(e to pay a personal injury or property damage claim 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 incident or occurrence, exceed the sum of $200,000 from anyand all personal injury orproperty 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:-Compliance 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 Chapter2, Article Vll of the. Miami Beach City Code, as amended,' which is .incorporated herein by reference as if fully set forth herein. 12. Default/1"ermination Provisions: In the event the Grantee shall flail 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 fistallments 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 underthis 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 thatthe 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. - 3of10 . Addi4ionally, Grantee will be ineligible to apply andlor receive a grant in the subsequent Cityfiscal year. However, Grantee will be allowed to apply for grants in future fiscal years. b~ For.more than first-time violations - Anycompliance 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 CulturaLArts Council, but the final decision as to whether Grantee maybe 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 1-5 must be returned fo 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 6e repaid to the City pursuant to this Section -are to be repaid upon demand by delivering to fhe`Cultural Affairs Program Manager a certified check for the total amount due, payable. to .the City of Miami Beach, Florida . These provisions shall notwaive orpreclude the City from pursuing. any other remedies that may be available to it under the law. .13. Indulgence WiA Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shalt not be deemed to constitute a waiver of the provision or any portion of Phis Agreement either at'the time the breach or failure occurs; or at any time throughout-the term of #his 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 #o 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 canvenience.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 ill /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. 4of10 18. The Grantee .also"accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it "will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C: 2000d et seq.) prohibiting discrimination on the basis of race; color, national origin, handicap;,or sex. . The Grantee hereby agrees that it will complywith City of Miami Beach Human Rights Ordinance as codified in Sections 62-31 through 62-66 of the City Code, and, as, amended from time to time, .prohibiting discrimination in employment, housing and public accommodations on account of race, color;, .. ." national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial 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 thesame employment . . opportunities that are available to persons without disabilities. The City also endorses the mandate ofi 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 shall be governed by, and construed in accordance with, thelaws of.the State of - Florida, both substantive and remedial, without regard to principles of con#lict 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 CIVILLITIGATION RELATED TO, OR ARISING OUT OF; . THIS AGREEMENT.. -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- ., 5of10 . Exhibit 1 /Revised Project Description Organization: Patrons of Exceptional Artists, Enc. - Completely describe Project approved by the Grants Panel and in a separate narrative .detail all revisions to the Project based upon the Cify 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 In May of-2011, PEA will present the 14r .annual Miamianternational Piano Festival Discovery. Series from Thursday, May 12 through Sunday, May 15. All concerts take place of the Lincoln Theatre or possibly at the new facility being built by the New :World Symphony.. Discussions about the location are. just now .getting underway. MAY 2011- DISCOVERY SERIES -Miami Beach -..Thursday, 'May 13 .. - ~7:00 p.m. -Lecture TBA 8:00 p.m.- -Cedric Pescia (Switzerland} Friday,.May 14 - 7:00 p.rn. - Lecture by Frank Cooper, Research Prof.of Music, Univ. of Miami 8:00`p m. -Waiter Ponce (Bolivia} _ Saturday, May 15 , "Prodigies & Masters of Tomorrov~' 2:00 p.m. -.2:OOp.m. -.Michael Province (Violin) 15 Years Old; Aristo•Sham 15 years old; Oliver Aldort (Cello & Piano) 17 Years Old 7:00 p.m.- Lecture: Walter Ponce ,(Author of "Two Centuries of Piano Teaching") 8:00 p.m. - Vestard Shimkus (Latvia). - Sunday, May 16 - 7:00 p,m. Lecture TBA 8:00 p,m. Gilles Apap (Violin)-Eric Ferrand-N'.Kaoua (Piano) & Transylvania ,Mountain Boys Project description as revised {if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artisfic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. _ The dates of the Discover Series have changed and there-have been one artist substitution since the -grant proposal was submitted. We are very excited to be presenting the 2011 Discovery Series of the Colony Theatre. • Schedule of :Events (as of 10/5/2010) 2011 DISCOVERY' SERIES COLONY THEATRE Miami Beach,.. Florida.., Thursday,"May 19th .8:OO.p.m. -Cedric Pescia (Switzerland) "... A pianist blessed with his genuine musicality, rock-solid technique and beautiful tone, secure enough. to let his interpretation speak for itself. Indeed, he approaches the piano from, an unabashedly pianistic angle." Jed Distler (Gramophone Magazine) 6of10 Friday, May 20th 7:00 p.m. -. Lecture by ..Frank Cooper 8:00 p.m.'- Walter Ponce (Bolivia), ' "Ponce's playing could hardly have shown more discipline, muscular control, or imaginative use of the .piano's expressive resources: Better stilt is his ability to define and articulate each score with such balanced precision and unforced eloquence, creating a beautifully proportioned musical context that allows the composer to speak naturally and spontaneously in .his own voice. New York Magazine critic, Peter G. Davis Saturday, May 21th '. "Prodigies & Masters'of Tomorrow" 2:OOp:m. -Michael Province (violin) 15 Years Old; Aristo Sham. 15 years. old; Oliver Aldort (Cello & Fiano) 17 Years Old 7:Q0 p.m.- Lecture: Walter Ponce (Author of "Two Centuries of Piano Teaching"): 8:00 p.m. - Amir Katz (.Israel) FIRST PRIZE winner of: Maria-Canals in Barcelona; Robert Casadesus in Cleveland, Viotti Valsesia in Italy, Schubert Competition in Dortmund.: . ":...Stunning performance..:"-The Israeli Amir Kafz showed unquestionable presence: A "grand scale','.player, he displayed not only an assured technique, but also a remarkable architectural sense of-sound Arid a very,finevariety of touch: A;true, genuine musician...:". Pierre Petit, Le Figaro: . Sunday, May 2th 8:00 p,m. GILLES APAP (Violin) ERIC FERRAND-N'KAOUA (Piano) & TRANSYLVANIA ' .. MOUNTAIN BOYS "Apap is equally at home with Bartok and`biuegrass, Mozart and the music of the'Bulgarian .ghettos, Gilles Apap is a violinist-who defies categorisation." -Josef Woodard . . "Apap has a soloist's temperament. He seems incapable of playing a single note in a way.that isn't fascinating." American Record Guide . Afists & programs subject to change - . y .. 7of10 . Exhibit 2-A: Project Budget !Revised Total Project Budget Name of organization: Patrons of Exceptional Artists, Inc.. Date(s) of Project: January 1 -September 30, 2011 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 nearesfdollar. _. EXPENSES. ~ ~ - REVENUES CASH - IN-KIND CASH IN-KIND 'Personnel -artistic 5.000 5;000 Admissions 27,000 Personnel -technical 18,000 2;000 Contracted services Personnel -administration 37,500 5,000 Tuitions {Outside artistic fees/services 25.000 0 Corporate support 20,000 28 000 Outside other fees/services 19,000 3,000 Foundation support 9,000.. t Marketing/Publicity . 25,000 10,000. Individual support 70.000 12,000 Space rental 20.000 _ Government. grants .38;000 - Utilities 3.500 _ - Federal , . .Equipment rental 42;000 State, Office supplies 5,000 0 Other Costs: {Itemize below) Other Contributions (Itemize below) Printing 10,000 2,000 CDIDVD Sales 3,442 Postage - 6.000 0 - CDs/DVDs 3.000 0 - :Audience Dev. 3,000 1,000 City of Miami Beach Grant~Award 12,558:00 Total cash expenses 180,000 ~ Total cash revenues 1.80,000 Total in-kind expenses 40,000 Total in-kind revenues- 40,000 Total. project expenses 220;000 Totai project revenues 220,000 CASH & IN-KIND CASH & IN-KIND 8of10 - Exhibit 2-B: Project Budget / Revised:Grant Award Budget "Name of organization: Patrons of Exceptional Artists, Inc. Date(s) of Project:. Grant Award: $12,558.00 ' • - Directions: Identify and itemize cash expenses to be paid from.Grarit 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 Equipment Rental . (NOT administrative) " ' Personnel =technical - • _ Space rental (Performance ~ ' . .Related OnIY) 8 372 .Outside artistic fees .: $4,186 - Marketing/Publicity _ Total Other Costs (itemize Below) - . Printing _ - Description Amount `Postage- TOTAL (must equal grant award):. $12;558 - Grant requirements Grant funds must be spent within budget categoriesagreed upon in grant agreement. - All publications associated with City of Miami Beach cultural. grant support must includethe City of Miami Beach .logo and the following byline: "City of Miami Beach, Cultural 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 o 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 Grant Use Restrictions (grant funds may not be used towards): 9of10 Remuneration of City of Miami Beach employees for any services. rendered as ,part of a project. receiving a grant from Cultural Affairs grants programs Administrative salaries or fees , Bricks, and mortar" or permanent equipment; unless the. purchase price is less than he 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 ` Insurance Fees.(Cultural Anchors excluded from this restriction) '; .. ~SociaUFundraising 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 #o the public; unless the event serves to specifically 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 (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e: - ati artists payments, separate from - advertising .payments). Invoices AND checks must be dated within the 2010-11 Fiscal Year Proof of logo, and credit .line in projecf publications and advertisements Proof of performances}, such as ,programs, brochures and flyers. . 10 of 10