Rhythm Foundation 420 40 - a 7
MIA M I BEAC
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2010/11 Cultural Affairs Agreement
This Grant Agreement is entered into this 20th day of September 2010, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I J Grant Description
1. Grantee: Rhythm Foundation
Grant Contact: Laura Quinlan
Address: P.O. Box 398567
City, State, Zip: Miami Beach FL 33239
Phone, fax, e-mail: (305) 672 -5202, (305) 672 -5202, IgOrhythmfoundation.com
2. Grant amount: $11,978.40 50% paid upon execution of this Agreement. Remaining 50
paid upon completion of Project and submission and approval of Final 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, 2010
6. Expenditure deadline: September 30, 2011
7. Project completion date:
8. Final Report deadline: Must be postmarked or delivered no later than 45 days afte Project
completion date. f
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IN WITNESS WHEREOF, the partte hereto have executed this Agreement this day of , 2010.
Matti - H , rera. Bower, a or Signature
Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Oarcher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's Co orate Seal Here) this da of Deal LA �e � 2010 b y
CAUr v\ l:lamfi c& of
a not- for - profit
z corporation. He /She is personally known to me or has
produced as
v. ide is ion. �.
GRANTEE:
Federal ID #:
Signature of .Notary Public
BY:
Printed Name of Organization's Authorized Representative Nota ry Name .'T'% 1fKA - nJ 1
(City Attorney Approval Here) Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE My Commission Expires:
&;,F R EXECUTION
ALEXANDRA CASTRO
t �
MY COMMISSION # EE 012559
EXPIRES: August 14, 2014
Bonded Thru Notary Public Underwriters
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 (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. Project 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 r the preceding
sentence, amendments to the itemized Grant Award Budget in Exhibit 2 -13 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 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, 2011 must submit their final reports no later than November 15,
2011 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 1 -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 nd 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 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 -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 11 -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 shall pay all costs, judgments, and attomeys' 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. Assi„ no ment 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 VI I 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.
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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.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law. .
13. 1ndulgence 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 1 -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, 1,700 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 it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
20004 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 Human Rights Ordinance as
codified in Sections 62 -31 through 62 -66 of ' the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
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barriers, which prevents qualifi ed 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 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 1S LEFT INTENTIONALLY BLANK-
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Exhibit 1 ! Revised Project Description
Organization: Rhythm Foundation
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
The proposed funding will go towards The Rhythm Foundation's 2010 -2011 Season. The concerts will
take placeat The Fillmore Jackie Gleason Theater in Miami Beach, The Colony Theater on Lincoln
Road in Miami Beach, and The North Beach Ban dshell in Miami Beach. Concerts include Brazilian
star Djavan at the Fillmore (October 30, 2010), Uruguyan singer /songwriter Jorge Drexler at the
Fillmore (January 28), 3 nights at the North Beach Bandshell April 2 9 and 16 for the TransAtlantic
Festival, and a Deep Listening Series at the Colony Theater in June and July.
A description of the artists was part of the proposed grant.'.
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.
The 2010 -2011 Rhythm Foundation Miami Beach series includes these concerts:
Brazilian star Djavan at the Fillmore Jackie Gleason (October 30, 2010), Uruguyan singer/songwriter
Jorge Drexler at Fillmore Jackie Gleason (January 29, 2011), Modern composing legend Philip
Glass in a solo piano concert at the new campus of New World Symphony. (March 17, 2011), and 2
nights at the North Beach Bandsheli for the TransAtlantic Festival (April 29 and 30, 2011). The
Festival will feature Afrobeat big band Antibalas, Brazilian chanteuse Ceu, Cuban funk fusion group
The Spam All Stars, and a Colombian group, Systema Solar.
These concerts provide Miami Beach residents and visitors a well - rounded season of outstanding -
world music, at a variety of the City's best music venues.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: Rhythm Foundation
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 all numbers to the
nearest dollar
EXPENSES REVENUES
CASH IN -KIND CASH IN -KIND
Personnel - artistic 0 0 Admissions 150,000
Personnel technical 0 0 Contracted services
Personnel administration 25,000 2,500 Tuitions
Outside artistic fees /services 79,000 Corporate support 60,000 30,000
Outside other fees /services 0 0 Foundation support
Marketing /Publicity 37,000 15,000 Individual support 2,500
Space rental 30,500 Government grants
Utilities 0 0 Federal
Equipment rental 22,250 State
Office supplies 0 0 Local: M -D County 5,000 .
Other Costs: (Itemize below) Other Contributions (Itemize below)
Travel (in county) concessions 2,071.60
City of Miami Beach Grant Award 11,978.40
Total cash expenses 229,050 Total cash revenues 229,050
Total in -kind expenses 32,500 Total in -kind revenues 32,500 a
Total project expenses 269,300 Total project revenues 269,300
"CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Rhythm Foundation
Date(s) of Project:
Grant Award: $11,978.40
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 Space rental (Performance
Related Only)
Outside artistic fees 11,978.40
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
'Postage
TOTAL (must equal grant award):- 11.978.40
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 of Miami
Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts
Council."
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
• Equ.ipment 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
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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
• Insurance Fees (Cultural Anchors excluded from this restriction)
• 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 2010 -11 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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