Center for Emerging Art
MIAMI BEACH
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ATtI
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This Grant Agreement is entered into this ~ day of -h.;, 1101 ~ ,2003, between the City o~-
Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Center for
Emerging Art (Grantee).
City of Miami Beach Cultural Arts Council
2003/2004 Cultural Arts Grant Agreement
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Article II Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, E-mail
Center for Emerging Art
800 West Avenue Suite 737
Miami Beach FL 33139
(305) 538-2803
radoa@fiu.edu
2. Grant amount: $9977 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 and 2-B, attached hereto
5. Contract deadline: November 7,2003
6. Expenditure deadline: September 30, 2004
7. Project completion date:
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
WHEREOF, the parties hereto have executed this Agreement this ~l
,2003.
day of
Print Name of Organization
roc;- D5..b,l{-7.3
~
FederallD #
-
/o-1/r{)3
Date
(Corporate Seal)
1i/'(7-CJ3
Date
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Article III 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 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 Descriotion: 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. Line item changes to said Budget shall not exceed ten percent (1 0%) per category, so long as
said expenditures do not exceed the total amount of Grant funds. 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.
The following City of Miami Beach "Anchors. are required to provide specific information 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).
Miami Beach "Anchors" for 2003/2004 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfson ian-FlU
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 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 final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Directorof
the Council within 45 days of the Project's completion. Grantees completing their Project by Fiscal Year
End, September 30,2004, final reports are due within 45 days or November 15, 2004.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article '-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 amount. 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.
5. Proaram Monitorina 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.
6. Bank Accounts and Bondina: 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
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withdraw or write checks on Grant funds.
7. Accountino 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 Councilor his designee at the Grantee's offices during regular
business hours and upon reasonable notice. Furthermore, the Director of the 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 Beach.
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 11-12.
9. Uability 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 inst.rumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or natu.re
arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or Its
employees, agents, servants, partners, principals or subcontractors. 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 ofthe 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 the
responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents
and instrumentalities 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 ofthat Statute wherebY the Grantee
entity shall not be held liable to pay a personal injury or property damage claim or judgment b~ anyone
person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, W~IC~, when
totaled with all other claims or judgments paid by the government entity arising out of the same Inclde~t or
occurrence, exceed the sum of $200,000 from any and all personal injury or property damage clal~s,
liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity.
10. Assionment: 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 11-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed bY ~II applicable
Federal, State, County and City laws, including but not limited to Miami-Dade County's co~f1~C~IOf Interest
and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as If u Y set fo~h
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. DefaultfTermination Provisions: In the eventthe Grantee shall fail to materially conform with any?f
the proviSions of this Agreement, the Director of the Council may withhold or cancel all, or any unp~ld
installments, of the Grant upon giving five (5) calendar days written notice to the Grantee, :nd the City
shall have no further obligation to the Grantee under this Agreement. Further, in the event o. a breach of
any term or condition of this Agreement, upon five (5) calendar days written demand by the DI~ector ofthe
Council, the Grantee shall repay to the City all portions of the Grant which have been received by the
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Grantee, but which have not actually been disbursed by the Grantee as of the date that the written
demand is received. 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 period. 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 of the Grantee
as of the date of the Expenditure Deadline specified in Article 1-5 must be retumed 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 of the 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
available to it under the law.
13. Indulaence 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 of the breach of 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:
Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Captions Used in this Aareement: 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 Aareement: 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 1111 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 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 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:
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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 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 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.
[The remainder of this page is left intentionally blank]
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Organization:
Exhibit 1/ Revised Project Description
2003-2004 Annual Programming
"ART into the 21st Century"
CENTER for EMERGING ART, Inc. Project title:
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. Miami Beach Anchors should list specifics about their mentoring program.
PROJECT APPROVED BV THE GRANTS PANEL: October 9, 2003 - Tres vidas - Core ensemble _
location: Miami Beach Community Church - Cuban-American singer/actress Georgina Corbo
accompanied by Core Ensemble; November 13, 2003 - Nightfall with Edgar Allan Poe - location: Bass
Museum - Eckerd Theater Company is in residence at Ruth Eckerd Hall in Clearwater, Florida with artistic
director Julia Flood; December 13, 2003 - The Chocolate Nutcracker - location: TBA -. The
performance of African dancers, drummers, stilt walkers, and a music score that consists of numerous
styles: gospel, jazz rhythm and blues and hip-hop; January 10, 2004 - Tsuyoshi Tsutsumi - location:
Miami Beach Community Church - Music in the Woods: Johan Sebeastian; January 11, 2004 - Vana
Bern: Tropical Expression - location: Bass Museum - Yana Bem's Tropical Expression mono-prints
combined with a demonstrationllecture: January 13, 2004 - Flashing on the 60s - location: North Beach
- performance by Richie Havens with multi-media videos, film "Flashing on the 60s" by Lisa Law, followed
by panel discussion; February 12, 2004 - Of Ebony Embers - jazz performance - location: Bass Museum
- The Core Ensemble: Tahirah Whittington, Cello - Hugh Hinton, Piano - Michael Parola, Percussion. The
performance expl9res the life and times of African Americans who helped shape the Harlem
Renaissance; February 14, 2004 - Yoko Ono's Aria for an Endangered Species - location Jackie
Gleason Theatre - performance based on Yoko Ono's visual art installation Endangered Species 2319-
2322; February 13, 2004 - open rehearsal at the Miami ~ity Ballet; February 28-29, 2004 _ International
Cultural Exchange in Budapest: a collaboration of Tomas Erdi, pianist and Michael Andrews, cellist;
March 13, 2004 - Havana Nagila: The Jews of Cuba, directed by Laura Paul - the a film that traces the
history of the Jews in Cuba; Followed by discussion; April 10, 2004 Cultural Exchange between Miami
and Budapest, location: Miami Beach Community Church - visually challenged pianist Tamas Erdi will
repeat the performance he and cellist Michael Andrews collaborated on in Budapest; April 11, 20004 _
Evening of Music & Poetry - Invited Poets: Peter Hargitai, recipient of Florida Fellowship in Poetry, will
present his translation of Attilla Jozsefs accompanied by music from Kodaly and Bartok by the Martin-
Griffiths Duo; May 1 through July 15, 2004 - 10 week educational outreach programs at the Log
Cabin Training Center, and the Miami Beach Senior Center. July 2, 2004 - Anuradha Murali _
Bharathanatyam - Bharathanatyam is a traditional classical dance from India, the performance depicts a
story through pure dance steps known as nritta, and abhinaya. To introduce the classical dance form
from India to the arts mainstream a class will be given at the Miami Beach Senior Center; Summer
Chamber Series: July 3: Marisela Sager, Daniel Pereira July 10 Yumiko Endo, Oliver Schlaffer, cello
July 17 Billington & Gonzalez Duo, July 24, 2004 Martin-Griffiths Duo
REVISIONS BASED ON GRANT AWARD: The following programs were replaced and/or cancelled due
to not receiving full funding from MCAC and not receiving the Florida State Touring grant::
October 9, 2003 - Tres vidas - Core ensemble; November 13, 2003 - Nightfall with Edgar Allan;
December 13, 2003 - The Chocolate; January 10, 2004 - Tsuyoshi Tsutsumi; January 11, 2004 - Yana
Bem: Tropical Expression; January 13, 2004 performance by Richie Havens with multi-media videos, film
"Flashing on the 60s" by Lisa Law, followed by panel discussion; rescheduled for December 13, 2003 and
program redeveloped to invite 6 Florida Bands for the "Spirit of Woodstock" flashing on the 60s music
festival for which partial funding was received from the North Beach Development Corporation; February
12, 2004 - Of Ebony; February 14, 2004 - Yoko Ono's Aria for an Endangered; April 11, 20004 - Evening
of Music & Poetry - replaced with Michael Andrews and the South Beach Ensemble; April 10, was
rescheduled for March 4, 2004 at the Bass Museum; July 17 Billington & Gonzalez Duo - replaced with
Michael Andrews and & the South Beach Ensemble
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Exhibit 2.A: Project Budget 1 Revised Total Project Budget
Name of organization: CENTER for EMERGING ART, Inc.
2003-2004 Annual Programming "ART into the 2111 Century"
December 13, 2003, February 28-29, March 13, 2004, April 11, May 3, 10, 17, 24, 31,
Date(s) of Project: June 7,14,21,28 July 2, 4,15, July 3, July 10, July 17, July 24, 2004
Project Title:
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 12,970 Admissions 3,000
Personnel - technical 2,500 Contracted services
Personnel - administration 13.090 Tuitions
Outside artistic fees/services 1,500 Corporate support 6,763
Outside other fees/services Foundation support
Marketing/Publicity 1,000 4,000 Individual support 4,000 36,950
Space rental 6,350 1,,713 Govemment grants
Travel 2,500 1,000 Federal
Utilities 1,820 State 7,252
Equipment rental 1,500 Local 25,550
Office supplies 1.000
Insurance/Security 2,000
Other Costs: (Itemize below) Other Contributions (Itemize below)
600
PRINTING
PoSTAGE 1.000
Grant award
Total cash expenses
Total in-kind expenses
Totalpr~ectexpenses
49,772
43,713
94,485
(cash + in-kind)
Total cash revenues 49,772
Total in-kind revenues 43,713
Total project revenues _ 94,485
(cash + in-kind)
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CENTER. FOR. EMERGING. ART 385 5382883
P.82
Exhibit 2-B: Project Budget 1 Revised Grant Award Budget
Name of organization: CENTER for EMERGING ART, Inc.
2003-2004 Annual Programming "ART into the 21. Century"
December 13,2003, February 28-29, March 13,2004, April 11, May 3, 10, 17, 24. 31,
Date(s) of Project: June 7, 14, 21, 28 July 2, 4, 15, July 3, July 10, July 17, July 24. 2004
Project Tille:
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant EXDenses
Personnel- artistic
5,977
Personnel- Technical
1,000
1,000
500
Personnel - administrative
Space rental
Travel (local only)
Marketing/Publicity
Outside artistic fees
Outside other fees
Other costs
(Itemize below)
POSTAGE
INSURANCE
500
1,000
TOTAL
9,977
Grant requirements:
Grant monies must be spent within budget categories agreed upon in contract ort
All publications associated with Miami Beach Cultural Arts Council grant SLJPPrne ~.~t
include the City of Miami Beach Cultural Arts Council's logo and the following bY I I y
of Miami Beach"
Grant funds may not be used for:
. . t receiVing a
Remuneration of City employees for any services rendered as part of a prOj6C
grant from the City of Miami Beach Cultural Arts Council 5sa ~
"Bricks and mortar" or permanent equipment (permanent equipment nec~o re~ t~r
proposed project may be purchased if the price is less than what is would cost e
equipment)
Debt reduction
Out-of-county travel or transportation
Fundraising events
Hospitality events
Events not open to the public
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