Cultural Affairs Grant Agreement fiscal year 2019/20 (The Rhythm Foundation, Inc.) 2oao-3 I R,�-{
MIAMI EACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2019/20 Cultural Affairs Grant Agreement /
This Grant Agreement ("Agreement") is entered into this day of _/)f(/f-c4 , 20 c2 , between
the City of Miami Beach, Florida (the"City"), and ("Grantee").
Article I /Grant Description
1. Grantee Name: THE RHYTHM FOUNDATION, INC.
Grantee Contact: JAMES QUINLAN
Mailing Address: PO BOX 414625
City, State, Zip: MIAMI BEACH FL 33141
Phone: 305-672-5202
E-mail: james@rhythmfoundation.com
Cultural Anchor: Yes x No
Federal Tax ID No.: 65-0102768
2. Grant amount: $ 24,288 ("Grant" or"Grant Funds")
Fifty percent (50%) of the Grant Funds shall be paid to Grantee upon execution of this Agreement,
following the City's receipt and acceptance of audited financial statements or other proof of funding
source(s)which demonstrate that Grantee has secured a mandatory 1:1 match for the total Grant amount
The remaining 50% of the Grant Funds shall be paid to Grantee upon completion of the Project (as
described in Exhibit 1), and following the Grantee's submission, and the City's prior written approval, of
the Final Report.
3. Project Description: See Exhibit 1, attached hereto ("Project Description").
4. Itemized budget: See Exhibits 2-A (Total Project Budget) and 2-B (Grant Award
Budget), attached hereto.
5. Contract effective date: October 1, 2019
6. Contract submission deadline: November 27, 2019
7. Expenditure deadline: September 30, 2020
8. Final Report deadline: Postmarked or delivered no later than October 16. 2020
CITY OF MIAMI BEACH:
Attest: Ia2zie_.
Rafael GranadtS/ Ntvz4
Dan Gelber
City Clerk Mayor
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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 (the "City"). The City has delegated the
responsibility,of administering this Grant to the City Manager or the City Manager's 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 1.
3. Budget: All of the Grantee's expenditures shall be subject to the terms of this Agreement, as specified in
the itemized Total Project Budget (attached hereto as Exhibit 2-A) and the Grant Award Budget (attached hereto
as Exhibit 2-B).
A mandatory 1:1 match is required for all grants. Grant applicants must demonstrate that matching funds in the full
amount of the Grant award have been secured prior to receiving the first grant payment. The City will review and
approve audited financial statements detailing the match through cash,grants,and/or in-kind contributions, of which
in-kind contributions may not exceed 25%of the Total Project Budget, attached hereto as Exhibit 2-A.
Line item changes to the Grant Award. 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 shall not be permitted.without the prior written consent of the Cultural Affairs Program
Manager: Said requests shall be made in writing, detailing and justifying the need for such changes, in advance of
the Project's commencement.
4. Reports: This Grant has been awarded with the understanding that the 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, which shall document the Grantee's
satisfaction of all requirements.This report must be received by the Cultural Affairs Program Manager no later than
the date identified in Article 1-8. New Grant awards-will not be released to the Grantee until all Final Reports for
previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of
any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do
not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written
consent of the Grantee.
5. Board Training: Pursuant to City Resolution No. 2018-30552, if applicable, Grantee is required to have
51% or more of its board membership complete the City's training program for board members of non-profit
agencies, who must have completed such training program within the last three years prior to Grantee receiving
City funds pursuant to this Agreement. Board training,is required for agencies that have an annual operating budget
of less than $5 million and receive $25,000 or more in funding from the City. Prior to the release of the first Grant
payment to the Grantee pursuant to this Agreement, Grantee shall submit a copy of the certificate of completion for
each board member that has completed the training program prior to the contract submission deadline set forth in
Article I.
6. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2, 'and
payment of any portion thereofishall be subject to and contingent upon Grantee's compliance with the terms and
conditions set forth in this Agreement. 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. Grant Funds will only be remitted to the Grantee once the Mayor and City Commission have approved the
Grant award, and once all parties have executed this Agreement, and provided that Grantee is otherwise in
compliance with the terms and conditions herein.
7. No guarantee of future funding: The Grantee acknowledges that the receipt of this Grant does not imply a
commitment on behalf of City to continue or provide funding beyond the terms specified in this Agreement.
8. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an
evaluation of the Project funded by this Grant, which may include, without limitation, visits by City representatives
to observe the Project, or Grantee'sprograms, procedures, and operations, or to discuss the Grantee's programs
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reference as if fully set forth herein. Grantee shall maintain its good standing in accordance with the laws of the
State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any City
Code requirement applicable to Grantee or to the Grantee's operation its business or other activities in the City of
Miami Beach; including,without limitation, obtaining any Certificate of Use or Business Tax Receipt(s)that may be
required for any business activity, and timely making payment of all taxes, fees or charges that may be due to the
City of Miami Beach. Grantee shall promptly take corrective action to correct any City Code violation or notice of
violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee agrees to comply
with the terms and conditions of any lease, contract, or other grant agreement that Grantee may have separately
entered into with the City of Miami Beach("Other City Contracts"). Any failure by Grantee to comply with any
provision of the City Code applicable to Grantee, or any breach or default by the Grantee of any covenant or other
term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure
provision set forth therein), shall, at the option of the City, be considered a Default (as such term is defined more
fully below in Article II, Section 15 of this Agreement), in which event the City shall be entitled (but in no event
required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of a
Grantee's breach or failure to comply with said obligations.
15. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the covenants,
terms or provisions of this Agreement, including, without limitation, any failure of Grantee to (i) secure 1:1 match
funds in accordance with the requirements set forth herein; (ii) complete the Project, as expressly contemplated in
the Project Description; (iii) timely submit any reports, when due, as required under this Agreement, or properly
provide an accounting of Grant Funds, including, without limitation, in accordance with Article II, Section 10 herein;
(iv) use the Grant Funds solely for the limited purposes described in the Project Description (and allowable grant
expenditures as set forth herein); and (v) comply with any other term or condition of this Agreement, including, as
set forth in Article II, Section 14, any failure to comply with any term or condition contained in any Other City
Contracts, or any provision of the City Code applicable to Grantee (each, a"Default"),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 a Default, at the Cultural Affairs Program Manager's sole
discretion, the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has
been received by the Grantee, as of the date that the written demand is received ("Demand for Recapture").
Grantee further acknowledges and agrees that any Default may, at the City's sole discretion, render Grantee
ineligible for any future grant funding, as provided below.
In the event of a Default,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 up to the date of termination and/or the Demand for Recapture.
Additionally, Grantee will be ineligible to apply for or receive a grant in the subsequent City fiscal year. However,
Grantee will be allowed to apply for grants in fiscal years following the subsequent City fiscal year.
b. For more than first-time violations - Any compliance infractions beyond first-time violations will be
addressed by the Cultural Affairs Program Manager, on a case-by-case basis. In connection therewith,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 1-7 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.
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Article Ill ! Miscellaneous Provisions
20. 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
Agreement. `.
21. 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.),which prohibits 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 Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment,
housing, public accommodations, and public services on account of actual or perceived race, color, national origin,
religion, sex, intersexuality, gender identity,sexual orientation, marital and familial status, age, disability, ancestry,
height,weight, domestic partner status, labor organization membership, familial situation, or political affiliation.
The City endorses,and Grantee shall comply with,the clear mandate of the Americans with Disabilities Act
of 1990 (ADA) to remove barriers that 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. Accordingly, the City requires that Grant recipients provide equal access
and equal opportunity and services without discrimination on the basis of any disability.
22. 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, THE CITY 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 INTENTIONALLY LEFT BLANK.
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Exhibit 2-A: Total Project Budget
Complete the below Total Project Budget for your awarded artistic and cultural project. Round off all
numbers to'the nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -Artistic Admissions 167,500
Personnel -Technical Corporate support 50,000 50,000
Personnel -Administration 150,000 5,000 Foundation support 20,000
Outside artistic 181,000 Individual support 40,000 5,000
fees/services
City of Miami Beach Grant
Outside other fees/services 60,000 (must not exceed 50% of the 24,288
total grant revenues)
Marketing/Publicity 110,500 40,000 Other Government Grants: y f
Space rental 82,000 30,000 1. Federal 20,000
Utilities 2,000 2. State 25,000
Equipment rental 44,000 Other: contracted services 100,000
Office supplies . 40,000 Other: concessions revenue 50,712
Other: Bandshell maintenance 20,000 Other: venue rental 50,000
Other: Documentation 11,000 ' Other: City venue mgmt fee 45,000 30,000
Other: Artist Travel 21,000 10,000 Other: Local Grants (MDC) 145,000
Other: Misc prod &admin 16,000 Other:
Total cash expenses 737.5 Total cash revenues 737.5
Total in-kind revenues (may
Total in-kind expenses 85 not exceed 25% of the Total 85
Project Budget)
Total Project Expenses Total Project Revenues
(must equal or exceed 822 5 (must equal or exceed grant 822.5
grant award plus 1:1 award plus 1:1 matching
matching funds): funds):
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Exhibit 2-B: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel -Artistic
Personnel -Technical
Personnel-administration* 6 288
*Cultural Anchors Grantees ONLY
Outside Artistic Fees 6,000
Marketing/Publicity 6,000
Printing
Postage
Equipment Rental 6,000
Space Rental (Performance
Related Only)
Other Costs (itemize below)
1.
2.
3.
4.
5.
Total grant expenses (must
equal grant award): 24.288
Required supporting materials for final reports:
• Grantee shall provide the City with copies of all receipts, invoices, cancelled checks(copies
of both front and back) and proof of expenditures of Grant monies. GRANTEE SHALL
CATEGORIZE ALL RECEIPTS, INVOICES, AND CANCELLED CHECKS, ETC.
ACCORDING TO THE CATEGORIES SET FORTH IN THE GRANT BUDGET. (For
example, all artist payments shall be separate from advertising payments). Invoices
and checks must be directly related to expenses for Grant-funded activities taking place
within the City of Miami Beach and within the 2019-20 Fiscal Year.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s), such as programs, brochures, and flyers.
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