So. Fla Composers All. Grant Ag
City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this (~ day of~m2001 between the City of Miami Beach,
Florida, on behalf ofthe City of Miami Beach Cultural Arts Council (collectively, the City), and
South Florida Composers Alliance (Grantee).
Article I I Grant description
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Grant amount:
South Florida Composc:n Alliance
PO Box 01-5298
Miami FL 33101
305- 981-0600 305- 981-0601 gustavo@subtropics.org
$7,000 50"4 paid upon execution of this Agreement.
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City
as a result of a potential shortfall in the City's Resort Tal" rollections, said collections to be determined by
the City on or about August 1, 2002, In the event of such shortfall, necessitating a reduction in the grant
amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall
constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee
further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a
result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002,
and upon completion of Project, submission and approval of final report,
3. Project description: See Exhibit 1, attached hereto
40 Itemized budget: See Exhibits 2-A and 2-B, attached hereto
50 Expenditure deadline: Seotember 30. 2002
60 Project completion date: 5 UtJE '30 f 2a12..
70
Report deadline:
No later than 90 days after Project Completion Daleo
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,IN WITNESS WHEREOF, the parties hereto have executed this Agreement this I fTh day of' ~~hC1L , 2001.
GRANTEE! ~lJ1l\-b~ea...~ !ui~
Print Name of Organization
FederalID# Sq-kh2{pC;~'
A1TEST~ LVlLL~
Robert Parcher, City Clerk
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Article II I General Conditions
I. 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the
Project Description, attached hereto as Exhibit No. 10 All expenditures will be subject to the tenns of this Agreement,
and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-Bo 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
fundso Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall' not be
permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to
the Director, in writing, detailing and justifying the need for such changes.
All Grant recipients must participate in at least one ArtsBeach Second Thlll'Sdays (see Article ill-I 9).
The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization(s).
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Miami Beach "Anchors" for 2001/2002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualify it
from future consideration from the City's Cultural Arts Grant Program.
3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 500!cl of their
Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's
Fiscal Year on September 30, 2002.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to
the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any
type whatever in excess of the total Grant amounto Cost overruns are the sole responsibility of the Grantee. The Grant
funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award.
50 ProlZl'llm Monitorinl! and Evaluation: The Director of the Council may monitor and conduct an evaluation of
operations and the Project under this Grant, which may include visits by City representatives to observe the Project or
Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel.
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6. Bank Accounts and Bondine:: 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds_
7. Accountinl!: and Financial Review: The Grantee must 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, such as
vouchers, bills, invoices, receipts and canceled checks, shall be 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 Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable noticeo Furthermore, the Director ofthe Council may, at the
City's expense, audit or have audited, upon reasonable notice, 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 Cultural Arts Council logo and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACHo 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 instruments from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents and instromentalities 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 perfonnance
ifthis Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractorso 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 attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, or otheIWise provided, shall in no way limit the responsibility to indemnify, keep and save
harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided.
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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 anyone 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 ofthe 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 0
10. Assimment: The Grantee is not 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.
110 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 iffully set forth herein.
12. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Director ofthe Council may withhold or cancel all, or any unpaid installments, ofthe
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 a breach of any term or condition of this Agreement, upon
five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
of the date that the written demand is receivedo In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for
another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
,expiration of the Grant periodo The Grantee will also be liable to reimburse the City for all lost or'stolen Grant funds.
Any uncommitted Grant funds which remain in the possession or under the control ofthe 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 Director of the Council 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 by delivering to the
Director ofthe Council a certified check for the total amount due, payable to the City of Miami Beach, Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be av~i1able
to it under the law.
13. Indultrence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn 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 of the breach offailure occurs or at any time throughout the tenn of this Agreement.
19. 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: David Whitman, Director, Miami Beach Cuhural Arts
Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
IS. CaDtions Used in this A2reement: 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 Reoresents Total A2reement: 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 tenns. 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.
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Article nI I Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee
is perfonning a public purpose through the programs, projects, and services recommended for support. As such, use
of these funds for any program component not meeting this condition will be considered a breach of the tenns 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.Co 2000d
et seqo) prohibiting discrimination on the basis of race, color, national origin, handicap, or sexo
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended
from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race,
color, national origin, religion, sex, sexual orientation, handicap, marital status, or ageo
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.
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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 disabilityo
190 All Gmnt recipients must participate in at least one "ArtsBeach Second Thursdays" (Second Thursdays).
a cultuml open house on the second Thursday of every month. Free arts events will be held at multiple locations
throughout the City. Upon acceptance of the Grant and execution of the Agreement. Grantee shall include the exact
manner of participation in "Second Thursdayso" Failure to participate in "Second Thursdays" may be considered a
material breach of this Agreement, as provided in Article n - 12 hereino
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Exhibit l/Project Description
[Note: The following Project Description is revised to represent
the possible Grant reduction, as a result of the potential City Resort Tax shortfall.]
Organization: South Florida Comoosers Alliance
Project Title: Subtrooics
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Project based upon the award. Please be as specific as possible: name of event, venue, times, etc. Also, detail the
organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring programo
ORIGINAL DESCRIPTION:
With $20,000 in support funds from Miami Beach Cultural Arts Council, South Florida
Composers Alliance (SFCA) will program over 35 artists in performances at the Botanical
Gardens, The Bass Museum, and the Colony Theater in Miami Beach as part of its 14th
annual Subtropics New Music Festival. The Subtropics event scheduled for March 14,
2002, will be part of Second Thursdays at the Bass Museum. In October of 2001, SFCA
will collaborate with the Botanical Gardens to setup a new sound installation by Gustavo
Matamoros on exhibit through January 2002. Funds from this proposal will help SFCA in
setting up Four 2nd Thursdays performances around this installation in October,
November, December and January.
REVISED DESCRIPTION:
SECOND THURSDAYS' SOUND INSTALLATION PERFORMANCES:
Symbisis by Osmosis - October 11, 2001-January 10, 2002 - Botanical Gardens
Sound installation by Miami sound artist Gustavo Matamoros on display at the Botanical
Gardens with performances taking place over 4 consecutive SECOND THURSDAYs from 6
to 9 pm, featuring Gustava Matamoros and Galician piper Armando Rodriguez.
SUBTROPICS EXPERIMENTAL MUSIC FESTIVAL EVENTS:
3/14/02 T .Jackie Humbert Bass Museum Miami Beach
3/15/02 F Foreign Experiences HICE Miami Beach
3/16/02 F Foreign Experiences HICE Miami Beach
3/27/02 W Alfredo Triff Bass Museum Miami Beach
3/27/02 W Andy Warhol Diaries Club (TBA) Miami Beach
3/27/02 W Pauline Oliveros fu C€"" 11__- IT Miami Beach
3/29/02 F Ned Rothenberg Botanical Garden Miami Beach
3/30/02 S George Tegzes Botanical Garden Miami Beach
Exhitit 2-A: Project Budget! Total Project Budget
[Note: The following Project Description is revised to represent the possible
Grant reduction, as a result of the potential City Resort Tax shortfall.]
Name of organization: South Florida Comoosers Alliance Project Title: Subtrooics
Date(s) of Project:
10/01/01 - 06/30/02
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 $5,000 Admissions $2,213
Personnel - technical $5,000 Contracted services $4,000
Personnel - administration $10,000 Tuitions
Outside artistic fees/services $5,000 Corporate support $11,000
Outside other fees/services $1,000 Foundation support $10,000
MarketinglPublicity $4,500 $6,000 Individual support $2,000
Space rental $7,000 Government grants
Travel $2,500 $5,000 Federal
Utilities State $10,287
Equipment rental $2,000
Office supplies $500
Insurance/Security
Other Costs:
Production Cost
Operating expenses
(Itemize below)
$3,500
$4,500
Other contributions
Dade County
(Itemize below)
$15,000
Grant award
$7,000
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Total cash expenses
Total in-kind expenses
Total project expenses
$50,500
$11,000
$61,500
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(cash + in-kind)
Total cash revenues $50,500
Total in-kind revenues $11,000
Total project revenues $61,500
(cash + in-kind)
Exhibit 2-B: Project Budget! Grant Award Budget
[Note: The following Project Description is revised to represent the possible Grant reduction, as a result of
the potential City Resort Tax shortfall.]
Name of organization: South Florida Comoosers Alliance Project Title: Subtrooics
Date(s) of Project:
10/01/01 - 06/30/02
Directions: Identify and itemize cash expenses to be paid from Grant fundso
Grant awards may only be spent within budget categories declared
Below.
Grant Ex\>>enses
Personnel - artistic
Personnel - administrative
Travel (local only)
Outside artistic fees
$1,000
$2,000
Personnel - technical
Space rental
MarketinglPublicity
Outside other fees
$2,000
$2,000
Other costs
(Itemize below)
TOTAL
$7,000
Grant requirements:
Grant monies must be spent within budget categories agreed upon in contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the City of
Miami Beach Cultural Arts Council's logo and
following byline "City of Miami Beach"
Grant Funds may not be used for:
Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of
Miami Beach Cultural Arts Council
- "Bricks and mortar" or permanent equipment (permanent equipment
necessary for proposed project may be purchased if the price is less than
what is would cost to rent the equipment)
Debt reduction
Out-of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public