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So. Fla Composers Alliance A ~ City of Miami Beach Cultural Arts Council 2003/2004 Cultural Arts Grant Agreement MIAMI BEACH cuLturaL ArtJ cou""clL GrVI>f<<h-- This Grant Agreement is entered into this 1l'i day of November, 2003, between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and South Florida Composers Alliance (Grantee), 1. Grantee: Address City, State, Zip Phone, fax, E-mail Article II Grant Description South Florida Composers Alliance P,O. Box 01-5298 Miami FL 33101 (305) 981-0600 (305) 981-0601 gustavo@earthlink.net 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, 4, 5. 6. 7, 8. Project description: Itemized budget: Contract deadline: Expenditure deadline: Project completion date: Final Report deadline: See Exhibit 1, attached hereto See Exhibits 2-A and 2-B, attached hereto November 7. 2003 September 30, 2004 september 30. 2004 Must be postmarked or delivered no later than 45 days after Project completion date: 6 day of WHEREOF, the parties hereto have executed this Agreement this ,2003. Print Name of Organization FederallD # 59-2626561 Notary Pu ic (f~ . antee's Or~anization) GRANTEEl4fr4 PJu:t~-, 1Il~' 1/11/Jf Date APPROVED A TO FORM & LANGtlAGE & FOR EXECUTION (Corporate Seal) ~ I(?~ IIMil? City MG.rnfI'J Date Article III General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, it 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 COll'lcil, or his designee, who shall be referred to herein as the "Director of the Council." 2. Project DescriDtion: 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 (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendnents to the itemized Budgetin Exhibit 2-B shall not be permitted without the prior written consent of the Diector of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justfy'ing the need for such changes. The folllJNing City of Miami Beach "Anchors" are required to provide specific information in their Project Descrip&ln. attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organizcD>n(s) of their choice, supported by the City's Cul~ural Arts Council, either by offering rehearsal space, IMIDrking 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 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 cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, is 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 Director of 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 1-2 (subject" 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 responsJ/i1ity of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Conmission's approval of the award. 50 ProQram Monitorina and Evaluation: The Director of the Council may monitor and conduct an evaluatioo of operations and the Project under this Grant, which may include visits by City representatives to obsel"4e 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 Page 2 of 8 withdraw or write checks on Grant funds. 7. Accountina 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. 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 instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature a:ising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employees, agents, seNants, 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 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 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 govemment entity, this indemnification shall only be to the extent and within the lE1itations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable 10 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 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. Assianment: 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 all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest afld 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. DefaulVTermination Provisions: In the event the Grantee shall fail to materially conform with any of Ihe provisions of this Agreement. the Director of the Council may 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 breach of any term or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, Ihe Grantee shall repay to the City all portions of the Grant which have been received by the Page 3 of B 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 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 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. 160 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 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 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: Page 4 of 8 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] Page 5 of 8 Exhibit 1 I Revised Project Description Organization: South Florida Composers Alliance Project Title: SFCA Projects 2003-2004 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. SFCA is requested $12,000 to support 2 Subtropics Experimental Music Festival video presentations in March 2004, 3 Understanding Sound Series lecture/demonstrations throughout the year and 3 Interdisciplinary Art Panel Discussions in collaboration with Artemis at the Art Center/ South Florida in the Fall 2003. SFCA received 83% of the award totaling $9,977. Due to the decrease, SFCA will present 2 Subtropics Experimental Music Festival video presentations in March 2004, 3 Understanding Sound Series lecture/demonstrations throughout the year and 2 Interdisciplinary Art Panel Discussions in collaboration with Artemis. SUBTROPICS: SFCA will schedule two (2) full-evening experimental video presentations in March 2004 at the Miami Beach Cinematheque. The screenings will feature the latest in sound videos. A call for video works has been sent out locally, nationally and internationally. The video presentations were originally proposed at the Bass Museum of Art. UNDERSTANDING SOUND SERIES: SFCA will schedule three (3) one-hour long lecture/demonstrations at Books and Books to be conducted by guest artists from the Interdisciplinary Artist Residency [IAR] Program at SAW. The series will explore sound as a tool for communication and expression and its relevance in art, science and daily life. These multimedia presentations are designed to establish a dialogue with the audience that will help promote a closer relationship with sound. Guest IAR artists being considered include Fried Dahn, Chris Mannm, Steve Peters, Jaap Blonk and Malcolm Goldstein. The Understanding Sound Series was originally proposed at Bass Museum of Art. INTERDISCIPLINARY ART PANEL DISCUSSIONS: SFCA in collaboration with Artemis will organize a series of 2 panel discussions on Interdisciplinary Art. The panels will be organized by Susan Caraballo in collaboration with various members of the arts community. The panels will include artists, scholars, administrators and arts writers. The focus of the series is to examine the growth of interdisciplinary art and the need for change in the infrastructures that support the art world including media, arts organizations, galleries, presenters, funding agencies and more. Page 6 of 8 Exhibit 2: Project Budget! A, Revised Total Project Budget Name of organization: Project Title: Date( s) of Project: South Florida Composers Alliance SFCA Projects 2003-2004 October 1, 2003 - September 30, 2004 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 Admissions Personnel - technical Contracted services Personnel - administrative $ 4,309 Corporate support Outside artistic fees! services $ 6,000 Foundation support Outside other fees! services $ 3,000 Individual support Marketing! Publicity $ 1,500 $ 850 State grant $ 2,000 Space rental Federal grant $ 2,500 Travel $ 4,000 Miami-Dade County $ 5,000 Utilities Equipment rental Office supplies Insurance! Security Other Costs: Production Costs Lodging Other contributions: (Itemize below) $ 1,000 Miami River Inn $ 3,600 $ 600 $ 3,600 Southeast Printing $ 850 Artemis $ 932 Grant award $ 9,977 Total cash expenses Total in-kind expenses Total project expenses $ 20,409 $ 4,450 $ 24,859 (cash + in-kind) Total cash revenues Total in-kind revenues Total project revenues $ 20,409 $ 4,450 $ 24,859 (cash + in-kind) Page 7 of 8 Exhibit 2-B: Project Budget! Revised Grant Award Budget Name of organization: Project Title: Date(s) of Project: South Florida Composers Alliance SFCA Projects 2003-2004 October 1, 2003 - September 30, 2004 Directions: Identify and itemize cash expenses to be paid from Grant fundso Grant awards may only be spent within budget categories declared below. Grant eXDenses Personnel - artistic Personnel- administrative Travel (local only) Outside artistic fees Other costs Production Costs $ 2,000 $ 4,000 $ 227 Personnel - technical Space rental Marketing/ Publicity Outside other fees $ 750 $ 3,000 TOTAL $ 9,977 Grant requirements: Grant monies must be spent within budget categories agreed upon in original contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Culturall Arts Council's logo and the following byline "City of Miami Beach" Grant funds may not be used for: Renumeration 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 purchasedif the price is less than what it would cost to rent the equipment) Debt reduction Out-of-county travel or transportation Fundraising events Hospitality events Events not open to the public Page 8 of 8