Loading...
Community Arts and Culture $7,529.73 ao/Y -d.Y3GS MIAMIBEACH q 130113 City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2013/14 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 30th day of September, 2013, between the City of Miami Beach, Florida (the City), and (Grantee). Article 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 : 786.218.6854305.759.8265, cacbloQspota-gmail.com 2. Grant amount: $7,529.73 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 2-13 Grant Budget, attached hereto 5. Contract execution deadline: November 15, 2013 6. Expenditure deadline: September 30, 2014 7. Project completion date: fewtu lZ I ZD 14 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF, the pa ' s he to have executed this Agreement this day of , 2013. Matti e e wer, May Signature Attest: ;v,� ,•• STATE OF FLORIDA, COUNTY OF MIAMI-DADE Rafael Granado, City Clerk , y,. '•: The f egoing inst ent was acknowledged before me (Grantee's Corporate Seal Here) �� this day of n� s� 2013, by ' , OR AT Q �Cr;� A of C 0/r,:nwn 45 a. -for-profit '•• �. corporation. He/She i ersonally known to m r has produced as identification i GRANTEE: XIO Federal ID#: �p' I Z�°I Signature o tary Public BY: n Printed Name of Organization's Authorized Representative Nota ry F"Name: -l (City Attorney Approval Here) Notary Public, State of Florida APPROVED AS TO FORM & LANGUAGE &FOR XECUTION My Commission Expire ` '`•. Notary Public-State of Florida • My Comm.Expires Aug 12,2014 Commission#EE 16SSM 1 BOOM Through Nallonal Notary Assn. QK ttorne ate 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 P tY 9 tY 9 9 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 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 30,2014,must submit their final reports no later than November 15,2014.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 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. 2of9 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 outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting 4of9 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. i -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- . 5of9 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: Proposal was for three events, all at The North Beach Bandshell: 10/6/2013: A Day at The Beach 1: Colombian Comparsa, Glenda del E, Uma Galera 1/1912014:A Day at The Beach 2: GOGO Ensemble&School of Rock performances(both Youth groups) 4/13/2014: A Day at The Beach 3: Itagui-Solo Project, Youth/Mentor Performances All events to be free, in accordance with Fresh Air Fund Requirements a)A Day at the Beach Concert series matches youth performers and professional musicians performing in alternating sets. The series is comprised of three performances, spaced throughout the season of events and themed as follows: October-Latin Heritage will include a Colombian Comparasa: a group that will enter the venue in full Carnaval costume and with a percussive array to open the show; January-Youth Empowerment: will have primarily youth performers such GOGO ensemble; April-The last event will be a culmination of the mentoring effort, presenting youth and their mentors side by side. 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. Due to the amount awarded and the anticipated date of funds received, we have made the following revisions to the proposal: There will be two events, each on a Saturday, one in January and the other in April. Because of this change a couple of the originally intended artists will be unable to participate and so these will be the performers for the new dates: 1/18/2014: We will present two-time Grammy nominated Miami-based Locos Por Juana with Uma Galera, and a Columbian Comparsa,which will open the show in Carnaval costume with a percussive array and dance. The Comparsa also incorporates youth performers within itself. 4/12/2014: We will present one group from GOGO (Guitars Over Guns Organization) Ensemble and another from School of Rock and the Antilles Music Ensemble,which is a 10-piece band, celebrating the sounds of the Caribbean. We intend to waive the Fresh Air Fund and instead make this a ticketed event with pricing as follows: $10 for Students and Seniors, $15 Pre-Sale, and $20 at the door. 6of9 Exhibit 2-A::Project 136dget/ Revised Total'Project•Budget.- Name"of.organization: Community-Arts and Culture 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. 7. r EXPENSES. REVENUES :: - CASH;`„IN-KIND CASH IN-KIND Personnel- artistic 2;000 1`,000 :Admissions 6,000 Personnel -technical z` Contracted services. Personnel-administration = 2,000 1,300 Tuitions Outside artistic fees/services; 14,000'' Corporate support 5170.27 Outside other fees/services 3',800 Foundation support Marketing/Publicity 1;500 Individual s' rt” nkind) $2,300 Space rental Government_grants- Utilities Federal Equipment rental 2,000 State Office supplies :Local t. 5;'000 Other Costs: (Itemize.below);-. Other'Conthbutions (Ite m ize below) printing 1,000 concessions'.. off duty police-'.-:-,` 1.400 _ City of Miami Beach Grant-Award 7529.73 'Total cash expenses $27,700 Total cash revenues 27 700 Total in-kind expenses: 2 300 T661 in'=kind revenues $2,300 Total project expenses- 30 000 Total project revenues $30,000 CASH & IN-KIND CASH & IN KIND 1 _7 of-9 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Community Arts and Culture Date(s) of Project: 01/18/14—04/12/14 Grant Award: $7,529.73 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 1,000 Personnel—technical Space rental (Performance Related Only) Outside artistic fees 3,979.73 Marketing/Publicity 750 Total Other Costs (itemize Below) Printing Description Amount Postage outside tech fees 1,800 TOTAL (must equal grant award): 71529.73 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 8of9 Grant Use Restrictions (grant funds may not be used towards): Remuneration of City of Miami Beach employees for any services rendered as part a'project. receiving a grant from Cultural Affairs grants programs • Administrative salaries or fees (Cultural Anchors excluded from this restriction) "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 2013-14 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 90f