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MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2012/13 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach, Florida
(the City), and (Grantee).
Article I I Grant Description
1. Grantee: Community Arts and Culture
Grant Contact: Jose Elias
Address: 12 NE 51 Street
City, State, Zip: Miami, FL 33137
Phone, fax, e-mail: 786.218.6854, 305.759.8265, cacblogspot0_gmail.com
2. Grant amount: $65292.16 50%of base award paid upon
execution of this Agreement. Remaining 50'16 +$2,000 Fresh Air Fund 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 2-13 Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2012
6. Expenditure deadline: September 30, 2013
7. Project completion date: M NY 01 , Zo t 3
8. Final Report deadline: Must be postmarked or delivered no later than
45 days after Project completion r `date.
IN WITNESS WHEREOF,the arties hereto have executed this Agreement this oc_ itday of ✓-e Y , 2012.
Matti errera Bowe , Mayor l�
Signature
Attest:
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Rafael Granadof City Clerk
(Grantee's Corporate Seal Here) The foregoing instrument was acknowledged before me
this_0 day of 0 L L,�2� 2012, by
n�Cl � aS
of
o.M U i f� Cu&U (-e ,a not-for-profit
corporation. a he is ersonally known to or has
produced as
'-'- identifi tion.
rAIW-
GRANTEE:. rr q
Federal ID#:
Si ature of Notary Public
BY:
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here) Notary Name: 't' MCtSfk_ fJDV1
Notary Public, State of Florida 1
APPROVED AS TO
FORM & LANGUAGE MEL ME MASTEMON
&FOR EXECUTION My Commissi
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OWN T National Not Am.
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Article II / 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. Protect Description:The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No. 1.All expenditures will be subject to the terms of this
Agreement,and as specified in the itemized Grant Award Budget,attached hereto as Exhibit 2-B.A mandatory
dollar for dollar($1 to$1)match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash, other matching grants and/or In-Kind contributions not in excess of 25%of the
total cash project budget. Line item changes to said Budget shall not exceed ten percent(10%)per category,
and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written
consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's
commencement, in writing, detailing and justifying the need for such changes.
3.Reports:This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's 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 30,2013,must submit their final reports no later than November 15,2013.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)and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre.In awarding
this Grant,the City assumes no obligation to provide financial support of any type whatsoever in excess of the
total Grant amount.Cost overruns are the sole responsibility of the Grantee.The Grant funds will only be supplied
to the Grantee following the Mayor and City Commission's approval of the award, and execution of this
Agreement by the parties hereto.
5. Program Monitoring and Evaluation:The Cultural Affairs Program Manager may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey
adopted by the Cultural Arts Council to obtain specific feedback from program participants.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program 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,
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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
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 attomeys'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.Assignment: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 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
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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.
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. Indulgence 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, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15.Captions Used in this Agreement:Captions,as used in this Agreement,are for convenience of reference
only and should not be deemed or construed as in any way limiting or extending the language or provisions to
which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations,except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article III / Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and/or services recommended for
support.As such, use of Grant funds for any program component not meeting this condition will be considered a
breach of the terms of this Agreement and will allow the City to seek remedies including,but not limited to those
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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.
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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
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 EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 / Revised Project Description
Organization: Community Arts and Culture
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:
A day at the Beach music series is a three event happening that will take place throughout
our 2012/2013 10th Anniversary season of events. The focus of these concert presentations
will be to present three different music ensembles produced and directed by Grammy
Nominated musician Jose Elias. Each performance will take place at the North Beach
Bandshell on 73rd St. and Collins Ave. The events will also feature children
perform ingalongside the professional musicians on some of the songs. The events will be free
of charge and open to all ages.
The first concert of the series will take place on Sunday, October 7, 2012 from 4- 10pm. It will
feature Cuban Son outfit Cortadito, which features music from Trio Matamoros, Ignacio
Piniero and original com compositions b founder Jose Elias and lead vocalist Julio Cesar. The
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event will be in celebration of Hispanic Heritage month
and will feature a children's string and percussion ensemble plus children dancers performing
choreography to one of the group's songs.
The second concert will take place Sunday, January 20, 2013 from 4-10pm, This will be
taking place during art deco weekend. It will feature the Antilles Music Ensemble which
focuses on Caribbean Dance music from the early 20th century. The group will be once again
under the direction of Jose Elias who has curated a repertoire of music ranging from Creole
Biguines from Martinique to the Sucu Sucu rhythm that was shared by Jamaica
and Cuba. Once again, children will be brought up to perform alongside the ensemble on a
few songs.
The third concert will take place on Sunday April 14, 2013 from 4-10pm and will feature the
return of the Afro Polyphonic World Orchestra. The last time this ensemble performed was
the first and only time ever. The year was 2002 and the group received "Best Caribbean
Band" honors from the New Times best of Miami awards.
The group will feature musicians from a variety of African Countries including Senegal and
Guinea, plus other representations from Brazil, Colombia, France, and Cuba. The ensemble
will welcome various child performers to come in and demonstrate their talents and
knowledge of their cultures, those of which they are being handed down through traditional
songs and dances.
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 first concert on October 07th featured acts from Cuba (Los Herederos), Spain (Gypsy
CatTrio), Colombia (Grupo Barrio Abajo), Puerto Rico (Zona de Bomba), Argentina (Alan
Hughes), and Mexico(Super Mariachi Trio), DJ Le Spam, Mr. Brown, and an All Star Jam
Session featuring the Miami Beach HighRock Ensemble playing alongside some of Miami's
most notable artists !
The event celebrated our organizations 10 year anniversary and Hispanic Heritage month.
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name of organization: Community Arts and Culture
Date(s) of Project: 10/07112 . 01/20/13, 04/14,13
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 2000 1000_ Admissions _
Personnel-technical _ _ Contracted services
Personnel-administration _ 1000_ Tuitions
Outside artistic fees/services 9000_ — Corporate support 5000
Outside other fees/services 3600_ _ Foundation support
Marketing/Publicity 3000_ _ Individual support 2000
Space rental — _ Government grants
Utilities _ _ Federal
Equipment rental 2000__ State 1707.84
Office supplies _ _ Local 2000
Printing 1000
Other Costs: (Itemize below) Other Contributions (Itemize below)
Off duty police 400_ _ Applicant cash on Hand 4000
City of Miami Beach Grant Award 6292.16
Fresh Air Fund $2,000.00
Total cash expenses 21000_ Total cash revenues 21000
Total in-kind expenses 2000 in-kind revenues 2000
Total project expenses 23000 Total project revenues 23000
CASH &IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: Community Arts and Culture
Date(s) of Project: _ 10/07/12 , 01/20/13, 04/14,13
Grant Award: $6,292.16 +$2,000.00 Fresh Air Fund
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 992.16
(NOT administrative)
Personnel—technical _ Space rental (Performance
Outside artistic fees 4000 Related Only)
Marketing/Publicity 1500_ Total Other Costs (itemize
Printing
Below)
Description Amount
Postage — outside other/tech fees 1800
TOTAL (must equal grant award): 8292.16
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
• 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
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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 2012-13 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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