Grant Agreement between CMB and Grantee (Siempre Flamenco, Inc) ` f • l ' 'jf§' lsu Jc _
City of Miami Beach,..CtJS r,,` .is":`'Rrogram and Cultural Arts Council
'Fiscal Year 2019/20•Cultu"r.. Affairs Grant Agreement
This Grant Agreement("Agreement") is entered into this low day of AAJ , 201 ., between
the City of Miami Beach, Florida (the"City"), and ("Grantee").
Article I/Grant Description
1. Grantee Name: Siempre Flamenco, Inc
Grantee Contact: Celia Fonta
Mailing Address: 8935 Byron Avenue
City, State, Zip: Surfside, Florida 33154
Phone: (305)527-5666
E-mail: fontacelia@gmail.com
Cultural Anchor: Yes No X
Federal Tax ID No.: 02-0558619
2. Grant amount: $ 10,583.00 ("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, 2020
7. Expenditure deadline: • September 30, 2020
8. Final Report deadline: Postmarked or delivered no later than October 16. 2020
CITY OF MIAMI BEACH:
Attest: 5 ha_OCIDO . - 1 /r
yiRa el Gra do Dan Gelber
City Clerk Mayor
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``\\.. �'4` Approved as to form and language
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City Attorney Date
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GRANTEE:
(Grantee's Corporate Seal Here)
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Signature
t ; ` " q--z'` ? c' ' D 2- -CESS g S i
Print Name and Title Federal ID#:
STATE OF FLORIDA, COUNTY OF MIAMI-DADE 1
The foregoing instrument was acknowledged before me this I ' day of /vvv- a 4-- 2019, by
C.- Lict F'0 4 ( of SI'-iip4 / 1/447,fie -, a not-for-profit corporation. He/She is
personally known to me or has produced rt-L l�i'i,e-h-cikicc as identification.
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Signature of Notary Public I .,..,;;;•;"''s'''••; VIVIAN
1 •7'° Notary Public-State of Florida 0
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4 ..„,• oriel a Commission 9 GG 114912 l
Notary Name: 1/1/0a--/ A dew.° `'�',Fo��°e;9' My Comm,Expires Jun 14,2021
0
Notary Public, State of Florida - - - ._
My Commission Expires: 4 e /9, 20 2/
Page 2
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 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'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
the date identified in Article 1-8. 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. Board Training: Pursuant to City Resolution No. 2018-30552, if applicable, Grantee is required to have
51% or more of its board membership complete the City's training program for board members of non-profit
agencies, who must have completed such training program within 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 in funding from the City. Prior to the release of the first Grant
payment to the.Grantee pursuant to this Agreement, 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 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.
7. 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.
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 City representatives
to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs
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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.
9. 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.
10. 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.
11. 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 11-15. Except as
specified herein,Grantee shall not use the name,trademarks,or logos of the City without the City's advance written
approval.
12. 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.
13.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 15.
14. 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
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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, and timely making payment of all taxes,fees&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 15 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.
15.Default/Termination Provisions: In the event the,Grantee,shall fail to,comply with any of the covenants,
terms or provisionsof 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 tocomply 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 eventof 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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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.
16.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.'
17. 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 Culture, 1755 Meridian Avenue, Suite 500, Miami Beach, Florida 33139-1819.
18. 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.
19. 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.
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Article III /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.
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•
Exhibit 1 /Project Description
Date(s)of Project: January 26th 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:
The Miami Beach Arts and Culture grants panel approved the project Flamenco Sephardit Seven. As originally described,this
concert continues our collaboration with Maestro Jeffrey Eckstein for a new installment of the highly successful Flamenco
Sephardit The concert was set to take place in January 2020 at Temple Emanu-El in Miami Beach.The show as originally
described features the renowned mezzo-soprano Audrey Babcock,the earthy flamenco of Paco Fonta,and Rabbi Marc
Philippe.They are accompanied by guitar,cello,violin,percussion,and bass and dancing by Celia Fonta and 2 guest dancers.
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.
The original project has been confirmed with the following.The date of the concert is set for Sunday January 26th,2020 at
Temple Emanu-El. The show will feature the renowned mezzo-soprano Audrey Babcock,the earthy flamenco of Paco Fonta,
and Rabbi Marc Philippe.They are accompanied by guitar,cello,violin and percussion.There will not be a bass player this
year.There will be dancing by Celia Fonta and guest dancers Jose junco and Jose Moreno.Jose Moreno is also the
percussionist and is a highly sought out flamenco artist from New York who we are very excited to welcome this year.
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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 all
numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel-Artistic 6000 1000 Admissions 12000
Personnel-Technical 2000 500 Corporate support 2500 2500
Personnel—Administration 5500 1000 Foundation support
Outside artistic 6000 Individual support 2500 2500
fees/services
City of Miami Beach Grant
Outside other fees/services 1750 (must not exceed 50%of the 10583
total grant revenues)
Marketing/Publicity 3500 Other Government Grants: ;Y
Space rental 2500 1. Federal
Utilities 2. State
Equipment rental 500 Other: 6000
Office supplies 933 Other:
Other: 2000 Other:
Other: 1800 Other:
Other: 600 Other:
Other: 3000 Other:
Total cash expenses 33583 Total cash revenues 33583
Total in-kind revenues (may
Total in-kind expenses 5000 not exceed 25% of the Total 5000
Project Budget)
Total Project Expenses Total Project Revenues
(must equal or exceed 38583 (must equal or exceed grant 38583
grant award plus 1:1 award plus 1:1 matching
matching funds): funds):
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Exhibit 2-B: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel-Artistic 4083
Personnel-Technical 500
Personnel-administration*
*Cultural Anchors Grantees ONLY
Outside Artistic Fees 4000
Marketing/Publicity 2000
Printing
Postage
Equipment Rental
Space Rental (Performance
Related Only)
Other Costs (itemize below)
1.
2.
3.
4.
5.
Total grant expenses(must 10583
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 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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