Agreement between the City of Miami Beach and The Rhythm Foundation, Inc. 20 20 - 31336
MIAMIBEACH
City of Miami Beach
Cultural Arts Council COVID-19 Emergency Relief Grant for Miami Beach Cultural
Anchors
This COVID-19 Emergency Relief Grant Agreement("Agreement") is entered into this Z1
day of 5re 1 , 2020, between the City of Miami Beach, Florida (the "City"), and
("Grantee").
Article I /Grant Description
1. Grantee Name: The Rhythm Foundation, Inc.
Grantee Contact: Mr. James Quinlan, Executive Director
Mailing Address: PO Box 414625
City, State, Zip: Miami Beach, Florida 33141
Phone: (305)672-5202
E-mail: james@rhythmfoundation.com
Cultural Anchor: Yes X No
Federal Tax ID No.: 65-0102768
2. Grant amount: $ 68,040.00("Grant" or"Grant Funds")
Following the City's receipt and acceptance of audited financial statements or other proof of
funding source(s) demonstrating that Grantee has secured a mandatory 1:1 match for the total
Grant amount, fifty percent (50%)of the Grant Funds shall be paid to Grantee upon execution of
this Agreement, The remaining 50% of the Grant Funds shall be paid to Grantee upon the City's
approval of the Final Report. This grant is retroactive in nature and shall cover costs directly
relating to the effects of the COVID-19 pandemic from March 12, 2020 through December 31,
2020.
3. Grant Description: See Exhibit 1, attached hereto ("Grant
Description").
4. Itemized budget: See Exhibits 2-A(Organizational Budget)and 2-B
(Grant Award Budget, attached hereto)
5. Contract effective date: Upon execution of Agreement
6. Contract submission deadline: August 21, 2020
7. Grant expenditure period: March 12, 2020 - December 31, 2020
8. Final Report deadline: Postmarked or delivered no later than January 22.
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CITY OF MIAMI BEACH:
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FOR GRANTEE: The Rhythm Foundatibh,rlr>c ''',O , 0
Federal ID . •-r: 65-610276g
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James Quinlan, Executive Director Attested by Prin ed Name & Title I t!
Printed Name & Title
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrent w s acknowledged before me this 30 day of I / 2020,
by LI/4n(US V UI `
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profit corporation. He/She is personally knownlo me or as produced
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Signature of Notary • b
Notary Name:aale( &t V{, (4 1 ':fie Notary P1. 11( State or.,rntc.
Notary Public, State of Florida 1 �c .a� Canmis(wn r c Jul 2
an My Comm.Ea��res Jt 14.2023
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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. Grant Description: The Cultural Arts Council COVID-19 Emergency Relief Grant
provides operating funds to organizations with major preeminent and smaller arts institutions
physically based in the City of Miami Beach, whose primary mission is year-round artistic and
cultural programming that contributes significantly to the cultural life of the City of Miami
Beach. The Cultural Arts Council COVID-19 Emergency Relief Grant provides operating funds to
organizations with major preeminent and smaller arts institutions physically based in the City of
Miami Beach, whose primary mission is year-round artistic and cultural programming that
contributes significantly to the cultural life of the City of Miami Beach. These organizations are
defined as "City of Miami Beach Cultural Anchors". The Grantee may only use the Grant for the
purposes that are specifically described in the Grant 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 Grant Award Budget(attached hereto as Exhibit 2-B).
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. Eligibility: Grantee's must meet the following minimum qualifications in order to receive
grant funding:
a) Demonstrate need;
b) Provide proof of 1:1 match for requested amount. 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
c) Operate and maintain a primary physical address within the City of Miami Beach.
Public benefit program. Grantees will be required to include a public benefit
component as part of the grant award. The Events shall be free and accessible to
the general public and should contribute to the cultural community during the
pandemic. All Cultural Anchors are taking part in the City's Virtual Culture
initiative. Grantees will be required to submit their realized and planned Virtual
Culture offerings or public programs during the period of March 12, 2020 through
December 31, 2020 as part of their Final Report.
5. Reports: This Grant has been awarded with the understanding that funding will be
used to support the grantee's operations during the COVID-19 pandemic from March 12,
2020 through December 31, 2020. 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.
Invoices and checks must be directly related to expenses for operating costs directly relating
to the effects of the COVID-19 pandemic during March 12, 2020 through December 31, 2020.
Any reports may be disseminated by the City without the prior written consent of the Grantee.
6. 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.
7. 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.
8. 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.
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: This is a retroactive grant intended to support
Miami Beach's Cultural Anchors during the COVID-19 pandemic. Any activities funded by
this Grant must take place during the grant expenditure period (March 12, 2020-
December 31, 2020). 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 11-16. 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 14.
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
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 or charges
that may be due to the City of Miami Beach. Grantee shall promptly take corrective action to
correct any City Code violation or notice of violation issued by any governmental agency with
jurisdiction over Grantee. Further, Grantee agrees to comply with the terms and conditions of
any lease, contract, or other grant agreement that Grantee may have separately entered into
with the City of Miami Beach ("Other City Contracts"). Any failure by Grantee to comply with
any provision of the City Code applicable to Grantee, or any breach or default by the Grantee
of any covenant or other term or condition contained in any Other City Contracts (after the
passage of any applicable notice and cure provision set forth therein), shall, at the option of
the City, be considered a Default (as such term is defined more fully below in Article II,
Section 16 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 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) 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
Grant 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.
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 and signed by both parties. Any change to the Grant Amount shall require approval by
appropriate action by the Mayor and City Commission.
20. Inspector General Audit Rights:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform reviews,
audits, inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on
behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records, contracts
and transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the
project is on time, within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not
limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee ,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested
records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector auditors to
audit, investigate, monitor, oversee, inspect and review operations activities, performance and
procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in the Grantee's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project-related correspondence, memoranda,
instructions, financial documents, construction documents, (bid/proposal) and contract
documents, back-change documents, all documents and records which involve cash, trade or
volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel
records and supporting documentation for the aforesaid documents and records.
E. The Grantee shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance of_
this contract, for examination, audit, or reproduction, until three (3) years after final payment
under this contract or for any longer period required by statute or by other clauses of this
contract. In addition:
i. If this contract is completely or partially terminated, the Grantee shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the
performance of this contract.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended nor shall
they be construed to impose any liability on the City by the Grantee or third parties.
Article Ill / Miscellaneous Provisions
21. 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
n___ �n
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.
23. Florida Public Records Law.
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(C) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of the Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(D) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Contractor who complies with a public records request within eight (8) business
days after the notice is sent is not liable for the reasonable costs of enforcement.
(E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Exhibit 2-A: Organizational Operating Budget
Complete the Organizational Operating Budget for 2020 below.
Round off all numbers to the nearest dollar.
EXPENSES REVENUES
IN-
CASH KIND CASH IN-KIND
Personnel -Artistic Admissions/Box Office 45.000
Personnel -Technical Membership Dues
Personnel— 240.000 Contracted Services 100.000
Administrative Revenue
Outside artistic fees/ 150.000 Contracted Services
services Revenue
Outside other fees/ 20.000 Publications/Royalties
services
Space rental 30.000 Space Rental Income 60.000
Merchandise/
Travel 40.000 10.000 Concession/Gift 30.000
Shop/ Store Sales
r
Insurance 12.500 Corporate support 50.000 50.000
Marketing/Publicity 77.000 40.000 Foundation support 40.000
Web Design/Support/ Private/Individual 15.000
Maintenance support
Design/ Printing/ Other Government
Publication Grants:
Telephone/ 2.500 1. Federal NEA, 70000
Communication PPP
Store/Concession 2. State GPS,
28.040
Merchandise CARES
Equipment rental & 80.000 3. Local (other than 130,000
purchase this request)
Supplies/materials 15.000 Investment Income
(Endowment)
Utilities Interest and Dividends
Fundraising/ City of Miami Beach
Development (non- Cultural
personnel) e.g. Galas, 24.288
Guild Events, Festival, Anchor Grant for FY
and etc. 119/20
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Other: Production costs 120.000 Other: venue services 120.000
Other: Documentation 10.000 Other: CMB program 55.050
support
Other: Venue 25.000 Other: CMB bandshell 45.000 30.000
maintenance mgmt
Other: Misc admin costs 20.000 Other:
Total cash operating 812,000 Total cash operating $12.378
expenses revenues
Total value of in-kind 80.000 Total value in-kind 80.000
services contributions
Total Operating 892,000 Total Operating 892,378
Expenses Revenuesj
Exhibit 2-B: Grant Award Budget (Page 1 of 2)
Directions: This grant is retroactive in nature and shall cover costs directly relating to the
effects of the COVID-19 pandemic from March 12, 2020 through December 31, 2020.
Invoices and checks must be directly related to expenses for operating costs directly relating
to the effects of the COVID-19 pandemic during March 12, 2020 through December 31, 2020.
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.
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 organizational operating budget, allowable, and adequately
documented. Actual, allowable expenditures must be reported on all payment requests and
financial reports.
Only include allowable costs expected to be incurred during the Term of this Agreement. Do not
include restricted costs. Restricted costs cannot be supported with Grant funds OR with
matching funds.
Allowable Grant Expenditures Related to Grant Funding:
General Operating including:
• Administrative salaries or fees
• Indirect or general operating costs related to the operation of the organization
• Artistic, technical, and outside artistic fees
• Marketing, publicity, and printing;
• Honoraria;
• Postage;
• Equipment rental and expendable materials;
• Production costs;
Grant Use Restrictions
Grant Funds may not be used towards the following activities or items:
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• Projects that are primarily recreational, political, therapeutic, vocational, rehabilitative or
intended solely for practitioners of a specific religion;
• Remuneration of City of Miami Beach employees for any services rendered as part of a
project funded by the City's Cultural Affairs grant program;
• "Bricks and mortar" or permanent equipment (unless the purchase price is less than the
cost of rental);
• City of Miami Beach fees or services (City permit fees, off-duty police, insurance,
electrician, etc.);
• Debt reduction;
• Contests;
• Travel or transportation;
• Insurance fees;
• 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
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Exhibit 2-B: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel -Artistic
Personnel - Technical 15,000
Personnel—administrative 18.040
salary or fee
Outside Artistic Fees 10.000
Marketing/Publicity 5000
Printing
Postage
Equipment Rental 7500
Space Rental
Other Costs (itemize
below)
1. Front of House 5000
2. Equipment and 7500
Supplies
•
Total grant expenses
(must equal grant 68,040
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 AWARD BUDGET hereto as Exhibit 2-B. (For example, all administrative
salary payments shall be separate from space rental payments). Invoices and checks must be
directly related to expenses for operating costs directly relating to the effects of the COVID-19 pandemic
during March 12, 2020 through December 31, 2020.
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