Patrons of Exceptional Artists, Inc.m MIAMIBEAOH ~~~ ~~a~~
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 Cit)r), and (Grantee).
Article I /Grant Description
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract execution deadline:
6. Expenditure deadline:
7. Project completion date:
8,; : ~ Final Report deadline:
Patrons of Exceptional Artists, Inc.
Barbara E. Muze
20901 E. Country Club Drive Suite 709
Aventura FL 33180
305-345-7032, 305-935-9087, Barbara _miamipianofest.com
$10,883.52 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 15, 2009
September 30, 2010
Auctust 31.2010
Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF the parties reto have executed this Agreement th~ ~ day of
`~ atti era Bower, yor Sign ~~'~~--c~
Attest: ~ ~~~/~~~' `
Robert Parcher, City Clerk
GRANTEE: r/
Federal ID #: IQ.S ~ ~,~ i °R' f~
BY: Barbara E. Muze
Printed Name of Organization's Authored Representative
tCity Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
8< FOR EXECUTION
___~'~~~
Cit ttorney Dat 1
J .2009.
STATE OF FLORIDA, COUNTY OF~PdfIAMI- DADE
The foreggoing instrument was acknowledged before me
this /~ /day of ~!/ y 2009, by
Barbara E. Muze of Patrons of
Exceptional Artists, anot-for-profd corporation.. He/She is
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Article 11 /General Gonditions
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 Exhibit 2-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. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cufiural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Managerwith 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 programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey
adopted by the Cultural Arts Council to obtain specific feedback from program participants.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program Managerwith the identity and title of individuals authorized to withdrawor
write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September 30).The Grantee sha(I 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 forwhich 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 1-5. 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.
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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 II-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
resulting from the 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 shalt 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 or judgment or portions thereof, which, when totaled with all other
claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $200,000 from 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 shalt not be permitted to assign this Grant, and any purported assignmentwill
be void, and shalt be treated as an event of default pursuant to Article t1-12.
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 iffully 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 Guttural 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.
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Any uncommitted Grant funds which remain in the possession or underthe 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 Guttural 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.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to pertorm 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 Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for 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 /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 tt 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.
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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 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,
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.
-The remainder of this page is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organization: Patrons of Exceptional Artists, Inc.
Completely describe Project approved by the Grants Pane! and in a separate narrative detail all revisions to
the Project based upon the City Commission approved awarri. 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:
MAY 2010- DISCOVERY SERIES -Lincoln Theater, Miami Beach
Thursday, May 13
7:00 p.m. -Lecture TBA
8:00 p.m. - Piotr Anderszewski (Poland) Retum performance by a Festival favorite whose
career got a significant boost from his appearances in Miami. Gilmore Award winner 2002.
Friday, May 14
7:00 p.m. - Lecture by Frank Cooper, Research Prof.of Music, Univ. of Miami
8:00 p m. -Claudio Martinez Mehner (Spain) Florida debut performance.
Saturday, May 15
"Prodigies & Masters of Tomorrowp
2:00 p.m. -Simone Porter {USA}13 year old violinist, Mertol Demirelli (Turkey) 14 year old
pianist, Oliver Aldort (USA) 16 year old cellisUpianist
7:00 p.m.- Lecture: Alan Walker (Author of several important biographies)
8:00 p.m. -Bernard Lemmens (Belgium) US debut performance
Sunday, May 16
7:00 p.m. Lecture TBA
8:00 p,m. Concerto Evening -Featuring the Miami International Piano Festival Orchestra,
William Noll, Conductor performing with special guest artists:
Simone Porter (USA), Oliver Aldort (USA), Mertol Demirelli (Turkey) ',
Project description as revised cif applicable) based upon the City Commission approved award:
Changes to projects awarded under the A-fistic Disciplines program must still adhere to the requiremerrtthatthe wo-ic
is new or has never before been presented in Miami Beach.
{SEE NARRATIVE ATTACHED)
MAY 2010- DISCOVERY SERIES -Lincoln Theater, Miami Beach
Thursday, May 13
8:00 p.m. -Blockbuster Tribute to Chopin & Schumann Celebrating Anniversary years
Kemal Gekic (Croatia), Ilya Itin (Russia), Misha Dacic (Serbia), Jorge Luis Prats (Cuba)
Friday, May 14
7:00 p.m. -Lecture by Frank Cooper, Research Prof.of Music, Univ. of Miami
8:00 p m. -- Ran Gia (China) South Florida debut!
Saturday, May 15 '~
2:00 p.m. - "Prodigies & Masters of Tomorrows - Aristo Sham (China) 13 year old
7:00 p.m.- Lecture: TBA
8:00 p.m. -Claudio Martinez Mehner (Spain) US debut
Sunday, May 16
7:00 p.m. Panel Discussion with performing artists
8:00 p,m. Chamber Evening -Igor & Vesna Gruppman (Russia), Ilya Itin (Russia),Jorge Luis
Prats (Cuba) and special guests.
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Exhibit 1 /Revised Project Description
Organization: Patrons of Exceptional Artists, inc.
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.
Narrative:
The approved budget award is sign~cantly less than requested. This coupled with funding
cuts from other granting sources as well as reduced individual donations has resulted in a re-!
shuffling of the proposed programming:
Instead of opening the 2010 Discovery Series with renown Pianist, Piotr Anderszewski, we
are presenting a Blockbuster Tribute to Chopin and Schuman, both celebrating anniversary
years in 2010 and featuring (4) festival artists. We have actually added a special concert to
feature Anderszewski on February 4~' at the Lincoln Theatre. This is part of our long-term
strategy to provide year-round programming.
In a budget reducing strategy, rather than close the Festival on May 16 with the Miami
International Piano Festival Orchestra (50 piece ensemble + conductor), we are presenting a
wonderful Chamber Music Evening with guests Igor Gruppman (former concert master of the
Florida Philarmonic), Vesna Gruppman, Ilya Itin and other special guests.
Claudio Martinez Mehner will now make his US debut on Saturday, May 15 and Ran Gia will
replace Bernard Lemmens and make her S. Florida debut on Friday, May 14. ~
Following his remarkable Festival debut last year, the organization with once again present
award winning 13 year old Aristo Sham (China) for the popular Prodigies and Masters of
Tomorrow Program. ~
i
The exact order and subject of each free, pre-concert evening lecture is still being
determined. Several exciting programs however are Y, to take shape.
~e~rnnr V
In summary, dates have not been changed, but in fact one day is possibly being added. A
few artist and program substitutions have been made of equal caliber.
Exhibit 2-Q: Project Budget /Revised Total Project Budget
Name of organization: Patrons of Exceptional Artists, Inc.
Date(s) of Project:
Attach a copy of the total Project budget or list cash expenses and cash revenues specifically
identified with your program, project or events. Round off aB numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND
Personnel -artistic 5,000 5,000 Admissions
Personnel -technical 16,000 Contracted services
Personnel -administration 31,500 5.000 Tuitions
Outside artistic fees/services 30,000 _ Corporate support
Outside other fees/services 48,000 12,000 Foundation support
Marketing/Publicity 30,000 5,000 Individual support
Space rental 18,000 _ Government grants
Utilities 2,000 Federal
Equipment rental 1,000 _ State
Office supplies 3,500 _ Local
Other Costs:
CDs/DVDs
Audience Dev.
(Itemize below)
5,000 _
2,000 5,000
Other Contributions
CD/DVD Sales
Total cash expenses 192,000
Total in-kind expenses 32,000
Total project expenses 224,000
CASH >~ IN-KIND
i
CASH !N-KIND
30,000
12,000 22,000;
7,500 j
76,615 10,000;
0
0
49,000
(Itemize below)
6,000
City of Miami Beach Grant Award 10,883.52
Total cash revenues 191.998.52
Total in-kind revenues 32,000
Total project revenues 223,998.52
CASH 8~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Patrons of Exceptional Artists, Inc.
Date(s) of Project:
Grant Award: $10,883.52
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
i
Grant Expenses
Personnel -artistic _ Equipment Rental
Personnel -technical _ Space rental (Performance
Related Only)
Outside artistic fees 5 000
Marketing/Publicity _ Total Other Costs (itemize
Below)
Printing _
Description Amount
Postage _
TOTAL (must equal grant award):
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City
Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
Marketing
• Publicity
• Equipment rental and personnel necessary to provide program accessibility as mandate
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
Grant Use Restrictions (grant funds may not be used towards):
Miami
by the
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• 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 r
• Social/Fundraising events, beauty pageants or sporting events I
• 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 i
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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