Concert Association of Florida
m
City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this oI!1t day of 5e#eutlbf11..- ,2004, between the City of
Miami Beach, Florida, (the City), and Concert Association of Florida (Grantee).
Article II Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Concert Association of Florida
1470 Biscayne Blvd.
Miami, FL 33132
(305) 808-7446,954-792-5972, jackie@concertfla.org
2. Grant amount: $1540050% 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 5, 2004
6. Expenditure deadline: September 30, 2005
7. roject completion date:
8. Report deadline: Must be postmarked or delivered no later than 45 days after Project
I completion date. Ii.
IN HEREOF, the parties hereto have executed this Agreement this ~ day of A!CV/::IrH j,(f{, ,2004.
Attest: ~~ p~~
Robert Parcher, City Clerk -
Grantee's Cor orate Seal Here
APPROVED AS T
FORM & LANGUAG
& FOR EXECUTIO
AlIA rM\.OP. ~ . _ ' ((-
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ate
GRANTEE: Concert Association of Florida
FederallD #:
59-2029354
BY: Judy Drucker
Printed Name of Organization'
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing ins~nt was acknowledged before me
thisM-dayof 7D;l.1E/Z- 2004, by
Judy Drucker of
as
Notary Name:
Notary Public, State of Florida
My C fI" _,E<<pires: ABEL LOPEZ
I f>\ NOlOIY .
{. '!MVc...,.,oIIlIIcI,~OcIl2.2008
. commllllon # DO 362203
. IIonded Iv NaIIonaI Ndary Aun.
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 toJhe City's Cultural Affairs Program Manager or his designee.
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 (10%) 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 ofJhe Cultural Affairs Program
Manager or his designee. Said requests shall be made in advance, 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 or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
4. Amount of Grant and Pavment 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 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. Prooram Monitorino and Evaluation: The Cultural Affairs Program Manager or his designee 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 Bondino: 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 or his designee with the identity and title of individuals
authorized to 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 Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee 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. Publicitv and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. 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 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 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 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 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. AssiQnment: 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 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 if fully set
forth herein.
12. DefaulUTermination Provisions: In the eventthe Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 Cultural Affairs
Program Manager or his designee, 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 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee 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:
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.
Exhibit 1 I Revised Project Description
Organization: Concert Association of Florida
Project title:
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.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Concert Association of Florida
Project Title: 2004-2005 Season
Date(s) of Project: Nov. 1, 2004 - September 30, 2005
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 940,350
Personnel - technical 213,600 Contracted services
Personnel - administration 335,000 Tuitions
Outside artistic fees/services 872,900 15,000 Corporate support 527,500 55,000
Outside other fees/services 38,000 20,000 Foundation support 100,000
Marketing/Publicity 287,300 30,000 Individual support 350,000 40,000
Space rental 135,000 Govemment grants
Travel 35,000 30,000 Federal
Utilities 30,000 State 42,025
Equipment rental 17,100 LOCAL - MDCAC 170,625
Office supplies Aq ')no
Insurance/Security 60,500
Other Costs:
Royalties
Interest & Bank Chg.
Development Exp.
(Itemize below)
3,500
26,500
75,000
Other Contributions (Itemize below)
Endowment income15,000
Special Events 60,000
Grant award
$15400
Total cash expenses
Total in-kind expenses
Total project expenses
2,220,900
95,000
2,315,900
(cash + in-kind)
Total cash revenues 2,220,900
Total in-kind revenues 95,000
Total project revenues 2,315,900
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Concert Association of Florida
Project Title:
Date(s) of Project:
2004-2005 Season
Nov. 1, 2004 ~ Sept. 30, 2005
Directions: Identify and itemize cash expenses to be paid from Grant 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 EXDenses
Personnel - artistic
Marketing/Publicity
15,400
Personnel - administrative
Space rental
Personnel - technical
Travel (local only)
Outside artistic fees
Outside other fees
(Itemize below)
Other costs
(Itemize below)
TOTAL: $15400
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 Counci/."
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