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MIAMIntelligence $8,400 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 ,;3 It. day of 5bf7.h1ll ~~ ,2004, between the City of Miami Beach, Florida, (the City), and MIAMlntelligence (Grantee). Article 1/ Grant Description 1. Grantee: Address City, State, Zip Phone, fax, e-mail MIAMlntelligence 2000 S. Dixie Highway, Sutie 110 Miami, FL 33133 305-860-2499, 305-860-8094, adrian@miamintelligence.com 2. Grant amount: $8400 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. Project description: See Exhibit 1, attached hereto Itemized budget: See Exhibits 2-A and 2-B, attached hereto Contract deadline: November 5, 2004 Expenditure deadline: September 30, 2005 Project completion date: Fi I Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. /I. HEREOF, the parties hereto have executed this Agreement this /9 day of -'lbvbt1/J o-VL, 2004. ~r'Pattk Robert Parcher, City Clerk Attest: Grantee's Cor orate Seal Here APPROVED A TO FORM & LANG AGE & FOR EXECU ION GRANTEE: MIAMlntelliqence FederallD #: 0 d-. ~o~g"3 '-f I I ~ tion's Authorized Representative Signature STATE OF FLORIDA, COUNTY OF MIAMI- DADE The foregoing instrument was acknowledged before me this ~l day of Oc.-t O~ 2004, by Adri~", Luhkr- of mU\r\'\ \ ,,"~~l\. J c...t..lt.. , a not-for-profit corporation. He/She i€"sonally known to ~r has produced as ;ctiOOJ)~ Signature of Notary Public Notary Name: Gr-o \ Sw ~~ Notary Public, State of Florida \ My Commission E 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 2-8. 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. 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 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 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 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. Proqram Monitorinq 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 Bondinq: 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. Accountinq 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. Uabilitvand 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 ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as iffullyset forth herein. 12. Default/Termination Provisions: In the event the 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 orthe 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 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 atthe time of the breach offailure occurs or at anytime 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: MIAMlntellioence MIAMlntelligence Lecture Series Project title: Compl~tely 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. The MIAMlntelligence Lecture Series will present at least one monthly program in Miami Beach during the FY 2004 - 2005. The program may involve collaborations with Miami Beach-based groups and/or institutions. At least two programs will be held in Spanish and at least two will be free. FOllowing is a tentative schedule of events that will be confirmed one month prior to the actual date. October 1, 2004 @ 7:30 PM - Collaboration with Miami Beach Hispanic Community Center -1701 Normandy Drive, Miami Beach EI precio astron6mico del arte: Como avaluar una obra Maria Bonta de ia Pezuela, VP, Sotheby's (Miami), identifica 10 criterios a seguir al avaluar una obra de arte 0 un mueble. Se veran ejemplos de 10 que es una obra en buen estado 0 mal estado y c6mo se mueve el mercado del arte. FREE December 9, 2004 @ 7:00 PM - Collaboration with the Bass Museum of Art - 2121 Park Avenue, Miami Beach Paris Was a Woman: Documentary and Discussion The film traces the fascinating history of some of the women who lived in Paris between the world wars. It includes major artists and writers like Gertrude Stein, Alice B. Toklas, and Colette. January 28, 2005 @ 7:30 PM - The Wolfsonian/FIU History of the Miami: Hearing a Mime Speak Performing artist Jude Parry displays her virtuoso mime skills in this unique demonstration where she goes from the dawn of prehistory to 19ltt century Paris; from Charlie Chaplin to Marcel Marceau. February 25, 2005 @ 7:30 PM - The Wolfsonian/FIU The incredible Life and Music of Richard Wagner The most controversial; the most scandalous; the most hated; the most loved; the most romantic composer in history is explored via words and music. Morton Slakoff is a past Vice President of the Board of Directors of The Wagner Society of New York and a member of the Wagner Society of Southern California. March 25, 2005 @ 7:30 PM - The WolfsonianIFlU Feminism in the Middle Ages: The Case of Gunza of Karlburg In 1952, an expert on medieval manuscripts identified a group of eight-century books as products of a female religious community. Felice Lifshitz, Ph.D., describes how the manuscripts were made and how these scribes altered the texts, as they copied them, in order to make their content gender egalitarian. April 29, 2005 @ 7:30 PM - The Wolfsonian/FIU Deconstructing Jean Paui Sartre 25 Years after his Death Alian Casebier, Ph.D., Visiting Scholar, Department of Philosophy, University of Miami, discusses the impact of Jean Paul Sartre, the founder of Existentialism and the source of modern philosophical thought. May 27, 2005 @ 7:30 PM - The WolfsonianlFIU Arte Cubano Contemporiineo Art Historian Juan Martinez, Professor at the Art and Art History Department, FlU, addresses the work of the "1990's generation", the first post-revolutionary Cuban artists allowed to travel to the United States and Europe for exhibitions. June 24, 2005@ 7:30 PM - The Wolfsonian/FIU Henry VIII: His Wives, His Politics, and More Benno Lowe, Professor of History at Florida Atlantic University, discusses the monarch's notorious private life and attempts to demythologize this larger-than-Iife historical figure, focusing on his personal beliefs and habits. July 29, 2005 @ 7:30 PM - The Wolfsonian/FIU The Constitution: The Supreme Law ofthe Land? Wilton Strickland, Esq., an associate in Miami office of Greenberg Traurig, discusses the historical background of the Constitution, the opinions of the Founding Fathers and certain Supreme Court decisions that altered its meaning. August 26, 2005 @ 7:30 PM - The Wolfsonian/FIU A Day in a Zen Monastery: Saffron Robe, Begging Bowl, and a Koan Dr. Arthur Sokoloff, a scholar and professor of Far Eastem Art, Religion and Philosophy, has traveled extensively in the Far East studying in Buddhist monasteries with well-known Zen Masters. His books include "Life without Stress," "Ultimate Intimacy" and "Zen meets Freud." Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: MIAMlntelliaence . Project Title: J-{ I ~t-l i r.1- .L II t f.Q V\ CJL I '" Date(s) of Project: 0 <!.-1"u&e-e- I I "2-00 L( r<. ( C{.. Vv\ Z ~ t A. c(..\ S ~ B(;:(L ') '0 \ "Zot>J 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 7, 3JD Personnel - technical Contracted services Personnel - administration '1ccoo ,+, .ro 0 Tuitions Outside artistic fees/services '1,000 1,000 Corporate support .Jl'o "'3. '7 JO . Outside other fees/services Foundation support .(VO Marketing/Publicity 1./700 Z,j'1:JO Individual support JOO JI .f'O 0 Space rental Z,ooo fOo Government grants Travel Federal Utilities State Equipment rental LoCJJL{H-D) '3, j7) 0 Office sUPPlies!~dJ~ I. 000 ::J..ro Insurance/Security Other Costs: (Itemize below) Other Contributions (Itemize below) ~~~~';[/ J'f'O .roo 1,000 . J Grant award $8400 Total cash expenses 2-0, '7 JO Total cash revenues ;2..D, 7 J'"O Total in-kind expenses 4'( Z,ro Total in-kind revenues '1, ;;LJO Total project expenses :)0,000 Total project revenues '30,0'00 (cash + in-kind) (cash + in-kind) Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: MIAMlntelliaence Project Title: HI M-l ~ 1\ +-.L\ ~ Jl...AU- ;" ~ t a ~ () .<La. ~ Date(s) of Project: Oc- To f::, c- I " '2-00 L.{ - c; ~ Vv\ \9..tr 30 I Lv o-.r 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 Expenses Personnel - administrative '"3(000 Marketlng/PUbllCly!ln d Space rental ~ 600 ( 00 0 ( Personnel - artistic Personnel - technical Travel (local only) Outside artistic fees {) ( 000 Outside other fees (Itemize below) Other costs (Itemize below) C?o~+'~(j p-oo TOTAL: $8400 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 Council." 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