SoBe Institute of the Arts s
- MIAM11BEACH.
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011/12 Cultural Affairs Grant Agreement
This Gr ant Ag reement is entered into this 27th d o f September 2011 b etween th City of Miami Beach,
Florida (the City), and (Grantee j.
Article I f Grant Description
Grantee: SoBe institute -of the Arts
Grant Contact: Carson Kievman
:Address: 2100 Washington, Avenue
City, State, Zip: Miami Beach, FL 33139
Phone, fax, a -lnai! : 305.674.9220, , info(- sobearts.org
2 Grant amount: i $1 5,385.90 0% padd upon execution of this Agreement t. Re mainine 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 Exhi bits 2-A Project Budget and Z- B- Grant , Budget, attached !hereto
5. Contract exec; ltlon 'deadline: N 15, 2011
6. Expen diture deadline: September 30, 20 i 2
7. Project completion date: May 13, 2012
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project "
completion date.
IN WITNESS WHEREOF, `he :parties hereto have executed this Agreement this day of ` c ,o6. 201:1.
Ma fi rrera Bower, A.4y or Signature
Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE'
Robert Parcher, City Clerk. The foregoing instrument was acknowledged before me
(Grantee's Corporate Seat Here) this .2 a Nayof OC't ble If' 2011 by
Cairdon K-i evrnoln Pad •' of
! &o 6� 1xiii 034-y- of 1X11 AI'`V not- for -profit
corporation. He /She is personally known to me or has
produced E WI V(-ty - '3 L-. -i u r}1 ei as
identification.
:GRANTEE:
'Federal 3D #_ 13- 3462092
Signature of Notary Public:
BY: e—V
Printed: Name of Organization's uthorized Representative Notary Name: YI 1-) P1 1 1 r 1 AY} } iq
(City Attorney Approval Here)
Not �3' !?l�Iic State-of Florida
.a ,
APPROVED. AS TO l
FORM &LANGUAGE
& FOR EXECUTION My Commission Expires: Q� . 2 4 2 0 4
KARINA ANANIA
,: MY COMMISSION # DD 965061
EXPIRES: February 24, 2014
Bon* Thru Notary PublicUnderwriters
Date
Article 11 / 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
Pp
a licants must. demonstrate . this match through cash, other matching grants andlor. In -Kind
con tributions not ir1 excesa of 25% of the total cash - proje t budget: Line ffi cha nges to said Bgdget
shall not exceed ten percent (10°, /c) per category, and shall, in no event, exceed the total amountof Grant
funds. NoWl ; 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 t. ie des ibed Project will
enhance and develop the City's cultural community. To demonstrate that the 63'r ant is ful filing, 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, 2012, must submit their final - reports no later.
than November 15,201 2. New Grant awards will not be released until all f=inal Reports for previous
years' funding are received.
4. Amount of Grant and Payment Schedule The total of the Grant is specified in Article 1 -2
.(subject to. the restrictions therein). In awarding this Grant,. the City' assumes n6 :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; v-Vith or without lititation 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.
b Bank Accounts and Bonding - Monies received pursuant to this Agreement shall'be kept in accounts
in established Miami -D6de 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 individdals
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....app.roved (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,
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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 speed in Article 1 -5. These books, records, and documents
may_be City, and/ or its at the Grantee's re ular
business hours and upon reasonable noti 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 jto this Grant.
8. Publicitv 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 -1 L
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 o f, - "relating to, _or resulting from the ._pertormance : if this Ag reement by - the "Grantee _or its officers,
employees, agen servants, partners, principals or contractors. Grantee shall pay all claims and losses in
connection therewith and shall investigate and defend all : claims, su its or actions of any kind or nature in
the name of the City, whiere 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 rewired by this Agreement, or otherwise provided, shall in no way limit its obligation,
as -set forth - to= inderni ify, haid harmless - and defined the City or�its - officers, employees; agents and `
contract as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 788.28 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 sure of $'1 00 000, or any claim or judgment or portions thereof; which, when
to #tiled wi #h all other �`IrZis or judgmen paid by the government en tity arising out of the same incident or
occurrence, exceed they sum. of $200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity.
.10. Assignment The Grantee shall not be permitted to assign this Grant, and any purported
assignment will be void, a nd shall be " a"s - an - event of - default - pursuant to Article 11 -1
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 ref6te ice "as if fully'setforth °herein:
.12. Default. /Ter!minaflon 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 Grp ntee, and the City shall have no further obligation to the Grantee under this Agreement.
Further; in th+ event of itertinatidd, the Grantee 'shall be -regu4ired , to . irhmediately 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:
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a. For first-timel 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.
nduitionally, Grantee will be ineligible to apply and/or receive a grant in the subsequi ent City fiscal
year. However, Grante� 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 Cultuiral_Affairs Program Manager shall obtain the recommendation of the Cultural Arts
Council, but the final decision as to whether Grantee may allowed to apply for future grants shall remain
within the sole discretion of the City.
Any uncommitted Grant funds which" remain in the possession or under the-control of the Grantee
as of the date of the Expenditure Deadline specified in Article 1 -5 must be returned to the City within fifteen
(15) days after the Expenditure Deadline. If such funds have been committed but not expended, the
Grantee must request in wilting 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.
1
These provisions shall not waive or preclude the City from pursuing any other remedies that may
be availaolo to it the law:
13. Indulgence Will Not be Waiver of Breach The indulgences 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 portionj of this Agreement either at the time the breach or failure occurs, or at any time
throughout the term of this Agreement.
14. �vrittei i Notices :Any wantten notices required under this Agreement will be effective wh
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, 1700
Convention Center Drive, Miami Beach, Florida 33139- 1810.
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 Ac- reement 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 Prov isions
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
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a
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.
16. 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.
Thte agrees it cerrrply City Marni Beach 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 barriers, which prevents qualified individuals with disabilities from enjoying the same employment
opIortunities 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 an d 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 1 Revised Project Description
Organization: SoBe lnstitute of the Arts
Completely c e3cr;bc Fiqject appmvev by the Grants Pane / and in a separate narrative detail all
revisions to the Projec:t1based 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.
Proiect description as approved by Grants Panel
"SSe Arts annually presents at least 10 and as many as two dozen free public events each year,
youth ensemble performances, and student/faculty events. Professional events are offered
monthly during the season and are presented in diverse formats, including Open Friday concerts,
Art Speaks multimedia lectures, and weekend "Music Unites!" events, which are interactive and
family- oriented concerts featuring other world cultures."
Prof °ct desc ^ption as revised of applicable) based upon the City Commission approved award:
Changes to pro ects ati arded under the Artistic Disciplines program ,r:;ust still adhere to the requirement that
the work is new or has never before been presented in Miami Beach.
All events listed below are open .to the general public and unless otherwise noted will be held at SoBe
institute of Avenue. - Schedule modifications have been made as a result of the
- reduction of our award.
Sunday, September 18, 2011
Music Unites - Scottish Music (Bagpipes) and Culture.
2 :00 p.m. / free
Saturday, October 15, 2011
.OJ66n Saturday Concert_ Har -moray -for Humanity
In honor of the Daniei Pearl World Music Days
SoBe Arts Chamber Ensemble.and vocalists
8: 00'p. m./ free
Thursday, November 3, 2011
Art Speaks: Make Your Own Sound, an interactive experience with Livio Tragtenberg
7: 3n _p, m. _/ free l
Tuesday, December 6, 2011
Art Speaks: Lecture /Demonstration by Anastasia Khitruk, Violinist
4:30 p.m. /free
Performance by Lara St. John, Violinist
with Martin Kennedy, Pianist
:7 30. p:rn:./ $35,/-$1.5 w th student.-I.D.
Wednesday, Decembe 17, 2011
Art Speaks: Lecture /Demonstration by Matt Haimovitz, Cellist
4:30 p.m. /free
Performance by Kim Kashkashian, Violist
7:30 P. M. / $ 35 / $15 with student 1. D.
Thursday, -Del; ember._8,I - 2.01'i
Art Speaks: Lecture /Demonstration by Lara St. John, Violinist
4:30 p.m./ free
Performance by Anastasia Khitruk, Violinist
7:30 p.m. / $35 / $15 with student I.D.
Friday, December 9, 2011
Art _Speaks'aecture,/D -e nstration. by. Kim _Kashkashianp Violist.:
4 :30 p.m. /-free
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Performance by Matt Haimovitz, Cellist
7:30 p.m. / "$35 / $15 with student I. D.
Saturday, December 10, 2014
Performance. by String - F6stival Participants
1.00 p. m. / free
American Masterworks Festival Concert
PRE- CONCERT: Composer John Corigliano lecture: 7:00 p.m.
FESTIVAL CONCERT AT THE COLONY THEATER: 8 :00 p.m.
Anastasia Khitruk, violin, Lara St. John, violin, Kim Kashkashian, viola, Matt Haimovitz, cello, Robert
Chumbley piano
The Colony Theater - 1040 Lincoln Road - Miami Beach, FL 33139
.Student Seating: $25.06 with valid I.D. / General Seating: $75.00 / VIP Reserved Seating: $125.00
- Friday, January 20, 2012
Open Friday Concert - J. S. Bach's Brandenburg Concertos
SoBe Arts Chamber Ensemble
5 :00 p:m /- free,.
Sunday, February 12, 2012
Music Unites Event - South Asian Music & Culture (Sitar and Tablas)
2 p.m. / free
February 23 March 11, 2012
Music & Shakespeare Series: World Premiere of HAMLET Soundtheater Opera
Art ; Speaks:,_ Discussion with .Carson .Kievman,. :CompQ.ser
Date /time: TBA /free
2124 8 p.m. World Premiere Opening Night / $10,0 reserved / $50 general
2/25, 3/2, 3/3, 319, 3110: 8:00 p.m. $25 reserved / $12.50 general
2/26, 3/4, 3/11: 7:30 p.m. $25 reserved / $12.50 general
Friday, March 30, 20121
Open Friday: Concert - Mozart Serenades & Divertimenti
An outdoor sunset concert / picnic
`SoBe Arts Chamber Ensemble
At Sunset / free
April 26, 2012
Art of Transcendence - 2nd Annual Music - Theater of Transcendence Project
Time TBA
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Exhibit 2-A: Project Budget / Revised Total Project Budget
Name of organization: SoBe Institute of the Arts
Date(s) of Project: 9/15/11 — 5/13/2012
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 aN numbers to the
nearest dollar
'EXPENSES REVENUES
CASH IN -KIND CASH IN -KIND
Personnel - artistic 95,000 Admissions 40,000
Personnel, --technical 16;000 Contracted- services 5,000
Personnel - administration 80,000 Tuitions 75,110
Outside artistic
fees/services 15,000 Corporate support 8,000
Outside other fees /services 7,000 Foundation support 12,100
Marketing/Publicity 1-0,611 tndivi fual su
p 10; 000
Space rental 12,135 Government grants . 30,000
Utilities 2,500 Federal 9,000
.'Equipment rental State 25,000
Of1ioe-supplies 2
Other Costs: (Itemize below) Other Contributions (Itemize below)
Fund raising/Development 5,000 Special Events Proceeds 28,000
Membershiri/Due }} 1;000 Tourist Development- Council _.6,750
Sets /Costumes/Props I 7,000
Parking /securihoank charges 1,500
City of Miami Beach Grant Award 15,385.90
Total cash expenses 255,346_ Total cash revenues 255,346
Total in -kind expenses 19,360 Total in -kind revenues 19,360
Total project expense ( 274,706 Total project revenues 274,706
-CASH IN -K-IND CASH- . IN*tND
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Exhibit 2 -B: Project Budget I Revised Grant Award Budget
'Name of organization: SoBe Institute of the Arts
Date(s) of Project:
Grant Award: $15,385.90
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 hot
exceed ten percent (10 )"ol) per category, so long as said expenditures do not exceed the total amount of
Grant funds
Grant Expenses
Personnet artistic 10885 Equiprnerit Rental
.Personnel - technical $ 3,000 Space rental (Performance
Related Only)
Outside artistic fees $ 1 1 500
Marketing/Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
$ 15,385
TOTAL (must equal grant award):
Grant requirements .
Grant funds must be spent within budget categories agreed upon in grant agreement.
All.;p.ubli-catip.ns..assopiated th City..of.Miami_Seach cdltural._grant.suppert._ -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
• Equipment rental and expendable materials
• marketing
• Publicity .
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Amencants - with .Disabili•ties 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
• Adminis trative saWries or.fees
• "Bricks and mortal' 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- gedef-al operating-costs related -to- the - operation -of - the - organization -( Cultural Anchors,
excluded from this restriction)
Travel or transport ion
• Insurance Fees (Cultural Anchors excluded from this restriction)
Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs indluding decorations or affiliate personnel with the exception of artists
=• Cash prizes
Lobbying or propaganda materials
�•
C h a ritable 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 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 payment!). - .Invoices AND checks must 'be dated within the 201 -fit - 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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