Miami Design Preservation Leagueq-2v-oy aooq-272~~{
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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 I /Grant Description
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax., e-mai! :- --
2. Grant amount:
Report.
3. Project description:
4. Itemized budget:
5. Contract execution deadline:
6. Expenditure deadline:
7. Project completion date:
8. Final Report deadline:
Miami Design Preservation League
Amy Tancig
PO Box 180190
Miami Beach FL 33119
{305)._672 2014, (305) 672-4319, amy aC~.mdpl.ord _ __
$22,799.88 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final
See Exhibit 1, attached hereto
See Exhibits2-A ProjectBudget and 2-B Grant Budget, attached hereto
November 15, 2009
September 30,E 10
Must be postmarked or delivered no later than 45 days after Project
completion date.
day of
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
2009.
//,, / (~ f
L~ ~°,. '
~ ~
Jei~fy Libbiri, Vice-Mayor
Attest:
Robert Parcher, City Clerk
GRANTEE: C
Federal ID #: l ~' ~ ~ ~ ~ ~ ~~-
BY: (af~fZlE' ~~r''I~i~1N ~~'z_ _
Printed Name of Organization's Authorized Representative
(City Attorney ApprAf~p?(~~D AS TO
,/~ /f
Signature -G~~l -"
.`
STATE OF FLORIDA, OUNTY OF MIA ADE
The foregoing instrument was acknowledged before me
this~day of 1~e~2-u-v-~~ 2009, by
n/.,nor GlnXtnQt,t[~e? of
is ia.; i .L.PY~~t't.~iTi01.i rr,~uQa not-for-profit
corporation. ~-le/She is personally known to me er-has
~prednced
_esiamti0cstlonI. y(~_
~A AGa o t l~~ p k,LiV~
Signature of Notary Public
Notary Name: 5~~ v\ ~C(,~~ u~
Notary Public, State of Florida
My Commission Expires: M ~ ,~ 2 ~ 2 ~ {
Article II 1 General Conditions
1. Parties: The parties to this Agreement are
a municipal corporation organized under the laws
____ responsibility of administering this Grant to the City
Cultural Affairs Program manager.
the Grantee listed in Article I, and the City of Miami Beach,
of the State of Florida (City). The City has delegated the
Manager or his authorized designee, who shall be the City's
2. Project Description The Grantee may only use the Grant for the purposes that are specificallydescribed
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°/a) 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 C~!!aural-Affairs_P_cogram_Manager. Said requests shall be made in advance of the project's
commencement, in
3. Reports: 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 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 Manager with the identity and title of individuals authorized to withdraw
or 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 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
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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
~iaiiiS, de111a11UJ, °uu1t5;~Ca::.Sec-nrncrinflA-nr-[1rcj~eedilll7jUiativ-nuidi~r-nature-arlSliig-Cut-.^.f;-relating ~J~-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
__ _i_.~ _- ...J..........4 M.. nnv nnc nCrCnn
which exceeds the sum of $100,000, or any claim orjudgment or portions tnereot, wnicn, wnen ~u~eieu wiui a~~
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. Assionment: 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 re~c uired 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 andlor receive a grant in the subsequent City fiscal year.
However Grantee will be allowed to apply for arants 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 arants shall remain within the sole discretion I
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.
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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.
.n._:.._- [. ~, CaLL._ 1. ~ .I~J...~nne '+hor n rhi ~e~i111 Pnar t~ an\L aC [
_i.3__Inn~iYincnCe ySill iJnt il,? vvniyr.~ tli i ii. Tn2~ iiiuuiycua,c of-eiu w~ ~.ar.r -r.,~~,d- - ~ bre_ -o. --
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 Beach Dept. of Tourism and Cultural Development; 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
-__ ~.-. -_'- _f." - ~ Grr-~n-S'rSIC-Q r t+ H'-i• n~~~' ""- ^ ~'~°- nr man+ rP nr \/P IPO('P
1.,. LaptlOns~L15 t ...., :.g.e~ri=rn.-ca}~ilo++a, as-i;Sed--1..-tnia Ae~ee,,,.,,,., _2.., f..,-COn.,,n......,~ O- _.
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 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 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
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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 1 Revised Project Description
Organization: Miami Design Preservation League
roved by the Grants Panel and in a separate narrative detoss bier name ofto
Completely describe Project aPP Commission approved award. Please be as specific asp _ -
the Project based upon the City artists etc. Use extra page if_necessary____
_ __ev_ent,_specific dates., venues, times ___-~~-
_ .-a'...~ 'proved b~~ rrantc Panel:
Pf0 eGt deSiri iiv~ ~ aS 8'~
eneral support of the Miami Design Preservation
The Grant's Panel approved $22,799.8$ for g
and the city commissFilmsWD strc t Touas, e amount. e
ro ramming Exhibitions, Art
League's 2009-2010 annual p 9 Lectures, ublic and private
key elements of the annual program are: Advocacy,
and Tour Guides School. MDPL will also collaboration wit p
Deco Museum, - - -
- -_
_ school students... -
ro ram must still adhere toVthe requirement that
Pro ect descry eocts awarded a nder thle Artisti bDssc pones ph 9Cit o
Changes top 1 resented in Miami Beach.
the work is new or has never before been p
No revision required
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Exhibit 2-A: Project Budget !Revised Total Project Budget
Name of organization: Miami Design Preservation League
Date(s) of Project: ~n-n~-~nna +hru n4/3n/2010
1 9 p ---
Attach a copy of the total Pro ect bud et or iist -cash ex enses and cash revenues specifca!!y
identified with your program, project or events. Round off all numbers to the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -artistic 0 0 Admissions 84,500 0
Personnel -technical 0 0 Contracted services 0 0
Personnel -..admin. 204,000 0 _ Tuitions 0 0
Outside artistic fees/sere. 35,200 0 Corporate support 45,000 90,000
Outside other fees/serv. 12,750 15,000 Foundation support 0 0
Marketing/Publicity 13,000 0 Individual support 17,000 0
Space rental 30,000 75,000 Government grants 87,000 0
Travel 2,000 0 Federal 0 0
Utilities 0 0 State 5,000 0
Equipment rental 5,200 0
Office supplies 5,000 0
Insurance/Security 23,500 0
Other Costs: (Itemize below) Other Contributions (Itemize below)
Postage 500 0 Store Concession 284,800 0
Remaining Exp 43,350 0 Space Rental/ Other 6,500 0
Store Concession 108,400 0 ADW Proceeds 193,800 23,750
Festival Expense 263,700 23,750 Interest/Dividend 200 0
City of Miami Beach Grant Award 22,800
Total cash expenses 746.600 Total cash revenues 746.600
Total in-kind expenses 113.750 Total in-kind revenues 113.750
Total project expenses 860.350 Total project revenues 86 3
CASH 8~ IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Miami Design Preservation League
Date(s) of Project: 10101109 thru uy-su-~u
Grant Award: $22,799.88
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
Grant Expenses
Personnel -artistic Equipment Rental
__
Personnel -technical
Outside artistic fees
Marketing/Publicity
Printing
Postage
In County Travel
Grant requirements
Space rental (Performance
Related Only)
Insurance (Performance
Related Only)
Total Other Costs (itemize
Below)
Description Amount
Administrative 22,799.88
TOTAL (must equal grant award): 22,799.88
Grant funds must be spent within budget categories agreed upon in grant agreement.
Bleachllogtooand the follow nIg byllnef MC tylofeMiaml IBeachraCultural Affairs I Program,eCult ~al nArts
COUrIC11."
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 mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
Grant Use Restrictions (grant funds may not be used towards):
n~ro
• 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
S, insiiraii~e, BiC.) - - -
• 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 _ _, ___-__„_, L_~~._,.,;~„ ~;-;;;,,~,;_ ~~,,~,_
• tventS not open W luG Nuvu~., w~~~,,,. ,, ,., .,.... .. _-~ --- -
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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