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Women in Jazz South Florida, Inc. .2 o //- 27 .-, I MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Miami Beach Arts Gala Grant Agreement This Grant Agreement is entered into this 19 day of January, 2 1, between the City of Miami Bich, Florida (the City), and (Grantee). Article 11 Grant Description 1 Grantee: . Women in Jazz South Florida, Inc. Grant Contact Joan Cartwright Address: 2801 S. Oakland Forest Dr. #103 City, State, Zip: Oakland Park FL 33309 Phone, fax, e-mail : 95 4.740.3398, divajc47Cc yahoo.com 2. Grant amount 14,000 50% paid upon execution cif this Agreement. Remaining 50% paid upon completion of Pmject and submission and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget See Exhibits 2-A Project and 2 -B Grant Budget, attached hereto g 5. Contract execution deadline: February 15, 2011 6. Expenditure deadline: November 6, 201' 7. Project completion date: January 28, 2011. 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF, e parties ereto have executed this Agreement this 20th day of January, 2011. 44 ' a 4# Matti H era : ower; ayor Signature �. Attest: STATE 0 '- � .LORlO�#, COUNTY IAMI- DADE cit Robert archer, City Clerk The foregoing instrument was acknowledged before me (Grantee's Corporate Seal Here) this : day of 2011 by �'t��.,r, LAI b k T:: J p- of a ,-Ye_r. ,;`- 5 6 RA, a not-for-profit corporation. She is personally known to me or has produced i `' '- 6 G3 `fir° 4 4 q ( as identification. OV A GRANTEE: — - Signature of N �l • Federal ID #: 20- 8656432 BY: Women in Jazz South Florida, Inc. Printed Name of Organization's Authorized Representative L61/I Cp J-- i (City Attorney Approval Here) Notary Name: Notary Public, State of Florida APPROVED AS TO FORM & LANGUAGE My Commission Expires: `5 a GI ‘)-' & F EXECUTION � � Je A �!� � a p► A► w o 4:T44 LOY GRANT .14.144ks � .••.° `t Notary Public - State of Florida 0 Wi-'# 111111r4111111 �+ ' ' ttorney , , t o ;, - %�� My Comm ission Expires # DD 78 6737 7, 2012 0," Bonded 71hr+ h National NotaryASSn. THIS PAGE IS LEFT INTENTIONALLY BLANK- 2 of Article 11 1 General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 be the City's :Cti Kura' Affairs . Program Manager. 2, Project Description: The Grantee may only use the Grant for the purposes that are specifi.catly 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 2-8. 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 than 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 . that, the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fuffilled, its purpose, the Grantee must supply the 'Cuftural 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 compleboi n 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. Sleepless Night projects must also submit Final Report by November 15, .2011. 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 win only be supplied to the . Grantee following itie 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 Ibis 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, 6. arkApc9yr mIclElprigog: Monies received IRWStiant to this Agreement shall be kept in accounts in established Miami-bide County banks or savings and loan associations whose identifies 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 (before September 30) except for Sleepless Night projects which will be completed 'November6, 2011.The Grantee shall keep accurate and complete books and records °fall 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, whouthm,tahon vouchers„ bills, invoices, receiptsand 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 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 notite. 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. 3 of10 8, Publicity and Credits: The Grantee must include the City of Miami- Beach logo and the following credit line in all publications rued 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 9. and irndon: The Grantee thd)1 indemnify and mess the City and its officers, employs,. agents and contractors,. from any and an liability, lames 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, :artners, _principals or .contractors. Grantee shall pay all claims and losses in connection there ith and shy invettigate and defend all aims, : or amens of any kind or nature in the name oft he City, where applicable, including appellate proceedings, and shall pay all costs,. judgments, and attorneys' fees which may issue thereon. Grantee wpm* understands and agrees that any insurance proton required by this Agreement, or otherwise provided, strait in no way limit its . obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agentsand contractors asr.�'in Zvi, If the Grantee is a_ government en's, this indemnification: shag_ only be a to the event and within. the limitations of Section 768.28 Florida Statute, subject to the provisions ofthat Rohde whereby. the Grantee entity shall not be held liable to pay a persona 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 daims or judgments paid by the government entity Ong out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, iiabilit.ies,. losses or causes of action which may arise as a result of the negligence of the Grantee entity._ 10. issignment. The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be wed as an event of default pursuant. to Article 11 -12.. 11, : om _ vfitp .! _ The Grantee : agrees to Oicle and be governed by all applicable Federal, state, County and City laws, including but not limited to Miami-Dade County's s Cam Of Interest_ and Code of Ethic Ordinance, as amended, which. is incorporated herein by reference as if' fully set forth herein, and Chapter 2, Are VII of the Miami: Beach City Code, as amended, which is incorporated. - here n by reference as if fully set. forth herein. 12. .DefaiNTermination. Provo ; lin the event the Grantee :shill fail to m ���nate it co ply any of the provisions of this A reernent� the Cultural Affairs Program Manager s Agreement reernent 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 ibis Agreement. Further, in the event of term nation, the Grantee shall be required to immedtately 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 terminate., the following proviskxis wilt also. apply: a. For first -lime v io ns — Grantee shalt: be required to submit a final rport with documentation of -expenditure of all Grant funds already received (fib half) up to the temiination die. Additionally, Grantee will be ineligible to apply andfor receive a grant in the subsequent City fiscal year, However, Grantee wilt be allowed to app fof grants in future fiscal years. b. For more than first - me violations - Any compliance infractions .be nd -t tee eons will 4 of O be considered by the Cultural Affairs Prograam. 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 With remain in the :possession or under the contml 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, shalt be for a period not to exceed one (t) year._ Grant ends vittich are to be repaid to the C ppuant to this Simon 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 1 #1i11 loot be Waiver of Breach: The indulgence of efther 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 ours, or at any, time throughout: the term_ of this Agreement. 14 kit( .. * Any wrilten mitices 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 Artie 1 -1 of this Agreement, and to the City when addressed as folly: Gary Farmer, Cultural Affairs program Manager, City of Mini Beach Dept of Tourism a Cultural earnent, Convention Center Drive, Miami Beach, Florida 33139- 1819.. 15. -AZ 7 1_11 ' . ` I 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 why such captions may refer. 16. cones 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 ent 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 in 1 Mist & /emus Provisions 17. The rant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the .drams projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition, win be considered a breach of the terms of this Agreement and will alb the City to seek remedies inking, but not limed to, those outlined in this Grant Agreements. 18. The Grantee also accepts and agrees to comply vAth the following Special Conditions: The Grantee hereby agrees that it will comply with Tie VI of the Civil Rights Act of 19€4 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of races, color, national origin, handicap, or sex. 5 of10 The Gr antee hereby agrees that it wilt comply . Ordinance ply h C� of M�arn�. Beach Human Rights 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 w Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualm individuals with disables from enjoying the same employment opportunities that are available to persons without. disabilities. The City also endorses the mandate of the Rehabil Act of 1973 and .Section 504 and . prohibits discrimination on the basis of disability and requires that Grant recipients provide equal amass 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 cif the State of Florida, both substantive and remedial, without regard to principles of ctxdlict 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. Dim Court, Southern Distract 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 - BRANDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- 6 of 10 Exhibit 1 1 Revised Project Description Organization: Women in Jazz South Florida, 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. Project description as approved by Grants Panel: Women in Jazz South Florida, Inc. propose to present COMMUNITY MUSICINOMEN at four senior centers in 2011, bringing music from the American Song Book to senior citizens. In four one-hour concerts, we will present a harpist, a duo (piano and voice), a trio (piano, bass and vocalist) and a vocal ensemble of students. The cost of each performance will be $1,000 for a total of $4,000, The remaining $1,000 will cover marketing, graphic design, printing and technical assistance. Project description as. revised. (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines pmgram must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. Women in Jazz. South Florida, Inc. propose to present COMMUNITY MUSICWOMEN at four senior centers in 2011, bringing music from the American Song Book to senior citizens. In four one-hour concerts, we will present a harpist, a duo (piano and voice), a trio (piano, bass and vocalist) and a vocal ensemble of students. The cost of each performance will be $800 for a total of $3,300. The remaining $700 will cover marketing, graphic design, printing and technical assistance. Date, time, location and performing artists are: Wednesday, January 26, 2011 @ 1-2 p.m. MekRiy Cole and Joan Cartwright sing from The American Song Book Miami Beach Senior Center, 610 Espanola Way, Miami Beach, FL 33139 Joyce Kagan- 305-673-6060, JKAGAt4@JCSFL.ORG Wednesday, January 26, 2011 a' 34 p.m. The Lady of Harp Crystal Sawyer, Kim J (Sax) Rebecca Towers, 200 Alton Road, Miami Beach, FL 33139 Magnolia Martinez - 305-532-6401 Ext. 3055, magnolia©mbha.org Thursday, January 27, 2011 0 ri) 1 2 p.m. Parkway Middle School of the Perfonning Arts Vocal Ensemble led by Loma LesPerance Four Freedoms House (HUD Housing), 3800 Collins Ave , Miami Beach Fl 33140 Ivete Fernandes - 305-532-3356, ifernandes@prudentproperty.com Friday, January 28. 2011 2204:30 p.m. Joan Cartwright and Jazz Hotline, Paul Banman (Keyboards) Anthony Turner (Bass) Council Towers South, 533 Collins Ave, Miami Beach, FL 33139 Luzmira Smith - 305-532-4118, Ismith@ehdoc.org 7of 10 Exhibit 2 -A: Project Budget / Revised Total Project Budget Name of organization: Women in JaZZ South Florida, Inc. Date(s) of Project: January 264 27. 28. 2011 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 S REVENUES CASH IN -KIND CASH 1N-KIND Personnel - artistic $3.300 Admissions . Personnel - technical $ 200 Contracted services _ Personnel - administration $ 275 Tuitions . Outside artistic fees/services Corporate support Outside other fees/services $ 225 Foundation support Marketing /Publicity Individual support Space rental _ Government grants Utilities Federal Equipment rental State Office supplies Other Costs: (Itemize below) Other Contributions (Itemize below) City of Miami Beach Grant Award Total cash expenses $4,000 Total cash revenues Total in -kind expenses $ 0 Total in -kind revenues Total project expenses $4,000 Total project revenues CASH , IN-KIND CASH & IN-KIND 8 of 10 • Exhibit 2 -8: Project Budget/ Revised Grant Award Budget Name of organization: Women in Jazz South Florida, Inc. Date(s) of Project: January 26, 27 28, 2011 . Grant Award: $4,000 . Directions: Identify and itemize cash expenses to be paid from Gant award funds. Grant awards may only be spent within budget categories declared below. dine item changes to said Budget shall not exceed ten percent (I 0%) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel -- artistic $ 3.300 , Equipment Rental (NOT administrative) Personnel — technical 200 space rental (Performance Related Only) Personnel - administration • $ 275 Outside artistic fees 0 Marketing/Publicity Total Other Costs (item Below) Printing $ 225 Description Amount Postage TOTAL •(must equal grant award): $4,000 9ofl0 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: 'Cif)/ of Miami Beach, Cliff/mai Affairs Ptogrant Cultural Arts Council." Allowable Grant Ex,. nditures 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): • 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 Mains Program Manager Required supporting materials for final reports submitbad within 45 clays 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 - all artists payments, separate from advertising payments). Invoices AND checks must be dated within the 2010.11 Fiscal r t td e jj j tV and Ch LLUSt be datacl prior to November 11. 2011., • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 10 of 10