South Florida Composer's Alliance~~~.
_~
~ MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th ,day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article 1 /Grant Description
1. Grantee: South Florida Composer's Alliance
Grant Contact: Gustavo Matamoros
Address: PO Box 015298
City, State, Zip: Miami FL 33101-5298
Phone, fax, a-mail : 786.206.7886, info subtropics.info
2. Grant amount: $5,333.21 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. /~ ~, /~
IN WITNESS WHER the pa hereto have executed this Agreemen day ofvG-~~'~-btu .2009.
Matti errera Bower, 1layor - Signature
Attest: ~ ~ /- STATE OF ORIDA, COUNTY OF MIAMI- DADS
Robert Parcher, City Clerk The foing instr ent was acknowledged before me
Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2009
6. Expenditure deadline: September 30, 2010_
7. Project completion date: September 30, 2010_.
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GRANTEE:
Federal ID #: 59-2626561
BY: Gustavo Matamoros
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
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Signature of Notary
Notary Name: ~~
Notary Public, State of
My Commission Expires
Notary Public State of Florida
Patsy Ann Gibbs
My Commission DD718219
Expires,l0/23/2011
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Article II /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach,
a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the City Manager or his authorized designee, who shall be the City's
Cultural Affairs Program Manager.
2. Proiect Description The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit2-B. A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash, other matching grants and/or In-Kind contributions not in excess of 25% of the
total cash project budget. Line item changes to said Budget shall not exceed ten percent (10%) per category,
and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written
consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's
commencement, in writing, detailing and justifying the need for such changes.
3. Re orts: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager with a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal
Year, or September 30, 2010, must submit their final reports no later than November 15, 2010. New Grant
awards will not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility
of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct
an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programswith Grantee's personnel. The Grantee agrees to utilize the standardizedAudience Survey
adopted by the Cultural Arts Councii 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 the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw
or write checks on Grant funds.
7. Accountingand Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September30).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,
shall be dated within the fiscal year for which they are approved and retained in Miami-DadeCounty in a secure
place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline
specified in Article I-5. These books, records, and documents may be examined by the City, and/or its
authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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, Cultural Affairs Program, Cultural Arts Council.
Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted
under this Agreement, pursuant to Article 11-12.
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9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the Ciry 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 performance 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 or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. Grantee expressly understands and agrees that any insurance protection required by this
Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold
harmless and defined the City or its officers, employees, agents and contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee
entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000, or any claim orjudgment or portions thereof, which, when totaled with all
other claims orjudgments paid by the government entity arising out of the same incidentor occurrence, exceed
the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes
of action which may arise as a result of the negligence of the Grantee entity.
10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported assignment
will be void, and shall be treated as an event of default pursuant to Article II-12.
11. 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
Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference
as if fully set forth herein.
12. Default/Termination Provisions In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and withhold or cancel
all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and
the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of
termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have
been received by the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated, the following provisions will also apply:
a. For first-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (first half~up to the termination date.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year.
However. Grantee will be allowed to apply for grants in future fiscal years,
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration,
the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final
decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion
of the City.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as
of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15)
days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must
request in writing from the Cultural Affairs Program Manager an extension of the Expenditure Deadline which,
if approved, shall'be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand
by delivering to the Cultural Affairs Program Manager a certified check for the total amount due, payable to the
City of Miami Beach, Florida.
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These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence- Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision
or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the
term of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-1
of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager,
City of Miami Seach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within
this agreement and its attachments, are to be considered in construing its terms. No modifications or
amendments may be made to this Agreement unless made in writing signed by both parties, and approved by
appropriate action by the Mayor and City Commission.
Article III 1 Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and/or services recommended for
support. As such, use of Grant funds for any program component not meeting this condition will be considered
a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to,
those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the 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 comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
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 the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principlesof conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
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Exhibit 1 /Revised Project Description
Organization: South Florida Composer's Alliance
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved 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:
SFCA is planning a five event series of premieres in Miami Beach by local and visiting artists
associated with iSAW, featuring SFCA's composer-based Sonic Arts Ensemble. Banking on
the results of SOUND (our recent sound art exhibit at the Bass Museum), Sonic Arts Ensemble
is a vehicle to develop a new breed of extended sound works (2-6 hours long) that use new
technologies to engage audiences through the sonic activation of indoor and outdoor
architectural spaces.
Project description as revised (if applicable) based upon the City Commission approved award
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that
the work is new or has never before been presented in Miami Beach.
Since writing the grant, SFCA was given its ensemble a new name: Frozen Music. SFCA plans no major
changes to its grant proposal in terms of number of events, which will remain at 5 for this season year.
Yet, to maximize the impact of the activities and to fulfill the spirit of those grant agencies that have placed
their faith in our 2009-10 season of programs, we are proposing the following revisions:
NOV. 7, 2009 ~ 6PM-7AM (13-hour performance)
CANAL by Frozen Music (inaugural concert)
A sound piece that makes audible the invisible in architecture part of Sleepless Night
DEC. 3 & 4, 2009 ~ 7-11 PM (Two 4-hour performances)
AUTONOMOUS SOUNDS by Frozen Music featuring David Dunn
An Art Basel-week installation/performance in collaboration with SoBe Institute of the Arts &MBSH
JAN. (TBA), 2010
FROZEN MUSIC IN A SMALL PACKAGE
Venue: TBA
MAR. (TBA), 2010
SUBTROPICALIA
Subtropics Presents highlights FM along with selected acts from visitors to the Winter Music Conference
2010. Proposed venue: North Beach Bandshell
MAY (TBA), 2010
200 RADIOS
a collaborative performance by FM and Talking Heads Transmitters at Miami Beach Botanical Garden.
SFCA will continue, through FM, its successful mentoring program at MBSH that involves students in real-
world production and publishing activities guided by professionals.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of Organization: South Florida Composers Alliance
Date(s) of Project: Oct. 1, 2009 -Sep. 30, 2010
Round off all numbers to the
nearest dollar .
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -artistic 20000 Admissions
Personnel -technical 10000 _ Contracted services 18667
Personnel -administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
production costs~
-permits/fees-
_shipping_
-performing rights fees-
_artists meals-
Total cash expenses
Total in-kind expenses
Total project expenses
CASH 8 IN-KIND
7500 Tuitions
_ Corporate support 12000
_ Foundation support 4000 _
6300 6000 Individual support _
3600 5200
6100 800
500
(Itemize
below)
5500
1500
1000
400 _
600
63000
12000
75000
Government grants _
Federal _
State 25000
County 10000 _
Other Contributions: (Itemize
below)
City of Miami Beach 5333
Grant Award:
Total cash revenues 63000
Total in-kind revenues 12000
Total project 75000
revenues
CASH & IN-KIND
Exhibit 2-B: Project Budget /Revised Total Project Budget
Name of Organization: South Florida Composers Alliance
Date(s) of Project: Oct. 1, 2009 -Sep. 30, 2010
Grant Award: $5,333
Grant Expenses
Personnel -artistic
Personnel -technical
Outside artistic fees
Marketing/Publicity
Printing
Postage
$ 5,000 Equipment rental
Space rental
(performance related
only)
Total other costs
(Itemized Below)
$ 333
Total (Must be $ 5,333
equal to grant
award )
Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• Administrative salaries or fees
• "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to 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. -all artists payments, separate from
advertising payments). Invoices AND checks must be dated within the 2009-10
Fiscal Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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