Grant Agreement between CMB and Grantee (Community Arts and Culture) poo -3116 q
MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2019/20 Cultural Affairs Grant Agreement
This Grant Agreement("Agreement") is entered into this3.2..day of Att , 20,a, between
the City of Miami Beach, Florida (the"City"), and ("Grantee").
Article I I Grant Description
1. Grantee Name: Community Arts and Culture
Grantee Contact: Jose Elias
Mailing Address: 5401 Collins Ave Apt 224
City, State, Zip: Miami Beach , Fl.33140
Phone: 786-218-6854
E-mail: joseeliasObellsouth.net
Cultural Anchor: Yes No x
Federal Tax ID No.: 16-1641289
2. Grant amount: $ 17,638 ("Grant"or"Grant Funds")
Fifty percent (50%) of the Grant Funds shall be paid to Grantee upon execution of this Agreement,
following the City's receipt and acceptance of audited financial statements or other proof of funding
source(s)which demonstrate that Grantee has secured a 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 (as
described in Exhibit 1), and following the Grantee's submission, and the City's prior written approval, of
the Final Report.
3. Project Description: See Exhibit 1, attached hereto("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, 2019
6. Contract submission deadline: November 27, 2019
7. Expenditure deadline: September 30, 2020
8. Final Report deadline: Postmarked or delivered no later than October 16. 2020
CITY OF MIAMI BEACH:
Attest:
s '
Ra -el Grana o Dan Gelber
City Clerk Mayor
Approved as to form and language
and for execution
City Attorney Date
GRANTEE:
(Grantee's Cor•orate Seal Here)
I
Signature
Jose Elias Executive Director 16-1641289
Print Name and Title Federal ID#:
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before
me this 23 day of NOV 2019, by
UmElias of CO[r1thIfl{y Cultut , a not-for-profit corporation. He/She is
person known to or has produced FLU. "T: to zz1z4 as identification.
qie
1
Si•'- of Nota blic
Notary Name:—Tail cflQ •zQabet t4 Tatiana Zarrabeitia
Notary Public, State of Florida Notary Public
� f State of Florida
My Commission Expires: 0 Z4151202 I My Commission Expires 02/15/2021
Commission No.GG 73336
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• Article IllGeneral 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'Cityhas delegated the
responsibility of administering this'Grarit to the City Manager&the City.Manager's 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 expenditures shall be subject to the terms of this Agreement asspecified 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 11 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'tern Changei:to.the Grant Award Budget shall not exceed ten'percent (10%) per category, and shall, inno
event, exceed the total amount of Grant' Rinds. 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
. T . .
the Project s commencement
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4. Reports This Grant has been awarded With.the understanding that the Project will enhance'and.del/plop
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
the date identified in Article 1-8 New Grant awards Will not be released to the Grantee until all Final Reports for
preyiouslya*arded grants are'received. 'The City may withhold‘6hy future'payrnenta 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: AffY reports"maybe disseminated by the City withoUtthe prior Written
consent of the Grantee. •
5: Board Training: Pursuant tO City:Resolution No'. 2O1830552, if apPlicable, Grantee is required to have'
51% Or More Of itsboard membership--complete the City's training program for board members sof non-profit..
agencies, whO must have completed'such training prOgeardwithin the last three years-prior to Grantee receiving
City funds pursuant to this Agreement. Board training is required for agencies that have an annual operating budget
of less than $5:million and receive$25,000'or more infunding.from the City: Prior to the release of the first Grant
payment to the Grantee pursuant to this Agreernent Grantee shall submit a copy of the certificate of completion for
each board member that has completed the training program prior to the contract submission deadline set forth in.
Article I.
• 6. Amount of Grant and'Payment Schedule: The total amount of the Grant iespetified 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 whatsoeverin excess of the total Grant amount Costtiverruneare the sole responsibility of the"
Giantee'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'ln
compliance with the terms and conditions herein.
7. No guarantee of future funding: The Grantee acknoWledges that the receipt of thieGrant does'nOt imply.a
commitment on behalf of City to continue or provide funding beyond the terms specified in this Agreement.
8: 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 Cityrepresentatives:
to observe.the,Project,.or Grantee's programs, prOceduree, and Operations;,'or to discuss the Grantee's programs
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reference as if fully set forth herein. Grantee shall maintainits 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'soperationits 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; and 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 violationor 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 withany.
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 15 of this Agreement),-in'which event the City'shall be entitled (but-in,no event
required)to'apply allrights and remedies available+to.the'Cityunder,the terms-of this Agreement by reason of a
Grantee's breach:or failure to;comply with said obligations.
-15. Default/Termination Provisions:'In thé 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 10 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 14, 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.
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Article HI / Miscellaneous Provisions
20. 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.
21. 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, public accommodations, and public services 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.
22. 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, THE CITY 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.
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•
Exhibit 1 / Project Description
Date(s) of Project: April 25, 2020
Instructions: Describe the Project,in complete detail,as approved by the Cultural Arts Council. 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 the Cultural Arts Council:
Our Miami Beach projects will commence on February 27,2020 with the Road to Afro Roots showcase featuring Haitian
ensemble Ayiti Mizik.This group celebrates Haitian music from the past as well as the present with a combination of original
material and covers of classics from legacy artists such Coupe Cloue,Althery Dorival,and Trio Selecte to name a few.On
March 26,2020,we will present our final Road to Afro Roots of the season with a special concert by the Antilles Music
Ensemble.This group focus on performing early Caribbean dance music from various countries such as Cuba,Jamaica,
Martinique, Haiti,and more.Our Afro Roots Miami Beach show, now going into its 22nd year of existence,will feature up and
coming artists as well as legacy artists.First up we have Bakolo Music International,a group from Kinshasa,Republic of
Congo,West Africa that has a seventy plus year history in bringing Rhumba music to the masses.Next we have BCUC from
Soweto,South Africa which is making waves all over the world with their style of music called Banku Music. From Africa we
move to the island of Cuba with a legacy artists that everyone knows from the Buena Vista Social Club,Eliades Ochoa. His
music continues to make new fans all over the world. Finally,we will be presenting up and coming Cuban singer and actress
Melvis Santa and her group Ashedi featuring legendary Afro Cuban percussionist, Roman Diaz.This quartet combines the lush
Jazz piano stylings of Miss Santa with Afro Cuban percussion stylings that create a unique sound.The Afro Roots Fest Miami
Beach concerts will be once again co-presented with the Rhythm Foundation and MDC Live Arts.The events will take place at
the North Beach Bandshell on Friday,April 4th,2020,and Saturday,April 5th,2020.Tickets for each show will range from
$28.00 presale to$35.00 at the door with a special two day ticket price of$50 presale and$65 at the door.
Project 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.
Our Miami Beach project has been reduced to a single day,the two Road to Afro Roots showcase were to be a part of the
Miami Beach Food truck events which are no longer happening.
The artists originally chosen to perform at Afro Roots Fest,now on April 25,2020 will not be able to perform due to visa issues
and the lineup has been revised as follows:
Afro Roots Miami Beach show,in its 22nd year,will feature an opening performance by the Antilles Music Ensemble.This
group focuses on performing early Caribbean dance music from various countries such as Cuba,Jamaica,Martinique, Haiti,
and more. Alsarah and The Nubatones,led by a Sudanese-born singer,songwriter and ethnomusicologist that has brought
together instrumentalists from throughout the continent and created a one-of-a-kind expression that has been called"East
African retro pop". Headlining the event will be Sinkane,a Sudanese-American musician who blends krautrock,prog rock,
electronica,free jazz and funk rock with Sudanese pop.
The Afro Roots Fest Miami Beach concerts will be once again co-presented with the Rhythm Foundation.The event will take
place at the North Beach Bandshell on Saturday,April 25th,2020.Tickets for the show will range from$28.00 presale to$35.0
at the door.
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Exhibit 2-A: Total Project Budget
Complete the below Total Project Budget for your awarded artistic and cultural project. Round off ff all
numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel-Artistic Admissions 5974
Personnel -Technical 2000 Corporate support 10000
Personnel—Administration 3000 10000 Foundation support
Outside artistic 15000 Individual support 1650
fees/services
City of Miami Beach Grant
Outside other fees/services 6000 (must not exceed 50% of the 17638
total grant revenues)
Marketing/Publicity 5000 Other Government Grants:
Space rental 2500 1. Federal
Utilities 2. State 3700
Equipment rental 2000 Other: HCJ Grant 10352
Office supplies Other: Cash On Hand 1086
Other: Security 500 Other: Give Miami Day 2500
Other: hospitality 200 Other:
Other: lodging 1700 Other:
Other: Flights/local transport 5000 Other:
Total cash expenses 42900 Total cash revenues 42900
Total in-kind revenues (may
Total in-kind expenses 10000 not exceed 25% of the Total 10000
Project Budget)
Total Project Expenses Total Project Revenues
(must equal or exceed 52900 (must equal or exceed grant 52900
grant award plus 1:1 award plus 1:1 matching
matching funds): funds):
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Exhibit 2-B: Grant Award Budget (Page 1 of 2)
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,which include 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 during the Term of this Agreement. 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 occur
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.
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Exhibit 2-B: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel -Artistic
Personnel-Technical
Personnel-administration*
*Cultural Anchors Grantees ONLY
Outside Artistic Fees 10788
Marketing/Publicity 3000
Printing
Postage
Equipment Rental 1000
Space Rental (Performance 500
Related Only)
Other Costs (itemize below) _'
1. Technical&Sound 1550
2. Security 220
3. Cleaning 150
4. Box Office 100
5. Front of House Staff 330
Total grant expenses(must
equal grant award): 17638
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 2019-20 Fiscal Year.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s), such as programs, brochures, and flyers.
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