So. Fla Composers Alliance
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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 ?:J.- day of t~!&- , 2004, between the City of
Miami Beach, Florida, (the City), and South Florida Composer's Alliance (Grantee).
Article 1/ Grant Description
1,
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
South Florida Composer's Alliance
P,O, Box 01-5298
Miami, FL 33101
(305) 981-0600, (305) 981-0601, saw,sfca@earthlink.net
2. Grant amount: $5600 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 5, 2004
6, Expenditure deadline: September 30,2005
7, Project completion date: kUbU S '[' \, 2.00S'
8, Final Report deadline: Must be postmarked or delivered no
/ later than 45 days after Project completion date,
REOF, the parties hereto have executed this Agreement this ~ day of t-Jb If6M~ , 2004,
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Grantee's Cor orate Seal Here
TO
FORM & LAN UAGE
& FOR EXEC nON
The foregoing instru~ent was acknowledged before me
this Jr:1.aay of tJrrle#W 2004, by
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corporation. He/Sh~onally known to~or has
produced as
J 1--1- )y~ntifica~oh <p .
Date cIlii~ ~
"\
Signature of Notary Public
GRANTEE: South Florida Composer's Alliance
FederallD #: 59-2626561
Notary Name: 'f{,drn4..5 E. 7h:u/,,_
Notary Public, State of Florida
Signatur
My Co
o~
THOMAS E. TlflElEN
MY COMMISSION. DO 006869
EXPIRES: Mly 25, 2005
BondedTlw-.y_u_
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 Description: 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 olthe 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. 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 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 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 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 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/ Revised Project Description
Organization: South Florida Com Doser's Alliance Project title: SFCA Proiects 2004-2005
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.
SFCA's iSAW requestied $10,000 to support 2 video presentations during the Subtropics
Experimental Music & Sound Arts Festival in February 2005, 3 Understanding Sound Series
lecture/demonstrations and 2 Living[room]Music Events.
SUBTROPICS: In 2005, Subtropics will be condensed to a ten-day festival rather than the
previous five-week series due to feedback from previous festivals, The new format will allow
out-of-town artists to stay for the entire festival, giving them increased opportunities to
collaborate with locals and other visiting artists. It also allows out-of-town audience members to
attend the entire festival rather than choosing a particular performance, which is beneficial to the
South Florida tourism industry by increasing hotel nights as well as general consumerism, As
Subtropics has grown to become an internationally recognized event, this format increases
visibility of participating artists and creates greater opportunities for iSAW to partner with similar
organizations internationally to create a network that will benefit artists and audiences alike,
Funding from this grant will help underwrite events held at the Miami Beach Cinematheque on
Espanola Way.
UNDERSTANDING SOUND SERIES: SFCA's iSAW proposed to schedule three one-hour long
lecture/demonstrations at Books and Books to be conducted by guest artists from the
Interdisciplinary Artist Residency (IAR) Program at iSAW. The guests will be determined at the
end of summer 2004. The series will explore sound as a tool for communication and expression
and its relevance in art, science and daily life. These multimedia presentations establish a
dialogue with the audience.
L1VING[room]MUSIC EVENTS are held in the homes of artists, collectors and
presenters/producers and typically consist of 20-30 minutes of music followed by discussion,
For negligible marketing expense, these events reach an audience that might not typically
attend a concert,
SFCA's iSAW was awarded 56% of the grant amount requested, With the reduced grant award,
SFCA's iSAW will produce one Subtropics Videos presentation on Thursday, March 3 at the
Miami Beach Cinematheque and one Understanding Sound Series lecture/demonstration -
Sound for Film - in collaboration with the Miami Gay & Lesbian Film Festival in late April at the
MB Cinematheque. The proposed L1VING[room]MUSIC EVENTS are still expected to be held
in Miami Beach, However, Miami Beach Cultural Arts Council grant funding will not be utilized
to subsidize these events. Instead, a series of discussions, Talk with your mouth full... about
art & performance will be held at the Miami Beach Cinematheque on Sunday afternoons at
1 pm on March 6, April 3 and May 1.
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: South Florida Composer's Alliance
Project Title: SFCA Proiects 2004-2005
Date(s) of Project: October 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 13.713 Admissions 2.000
Personnel - technical Contracted services 1.951
Personnel - administration Tuitions
Outside artistic fees/services 2.500 Corporate support 2.650
Outside other fees/services 3.863 Foundation support 10.000
Marketing/Publicity 1.625 1.000 Individual support
Space rental Government grants
Travel Federal
Utilities State 2.000
Equipment rental 1.000
Office supplies
Insurance/Security
Other Costs: (Itemize below) Other Contributions (Itemize below)
Lodaina 1.350 1.650 Miami-Dade TDC 2.500
Grant award
$ 5.600
Total cash expenses
Total in-kind expenses
Total project expenses
24.051
2.650
26.701
(cash + in-kind)
Total cash revenues 24.051
Total in-kind revenues 2.650
Total project revenues 26.701
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: South Florida Composer's Alliance
Project Title: SFCA Proiects 2004-2005
Date(s) of Project: October 1. 2004 - September 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 Expenses
Personnel - artistic
Marketing/Publicity
Personnel - administrative
$2500
Space rental
Personnel - technical
Travel (local only)
Outside artistic fees
$1000
Outside other fees
(Itemize below)
$1500
Other costs
(Itemize below)
LodQinQ
$300
$300
PrintinQ
Grant requirements:
TOTAL: ..J5600
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
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,miamibeachfl,gov
Tourism and Cultural Development
Telephone 305-673-7577
Facsimile 305-673.7063
Interoffice Memorandum
Date: December 17, 2004
To: Bob Parcher, City Clerk
Mercy Williams, Office of the Clerk
From: Roberta Behrendt
Re: Miami Beach Cultural Arts Council 2004/2005 grant agreements
On September 28, 2004, the City CommisSion approved $599,015 for the fiscal year 2004/2005
Cultural Arts Council's grants program. Over the next few weeks, your office will be receiving grant
recipient agreements for signature, The resolution number is 2004-25701 and a complete copy is
attached .
Form approved contracts (two originals each) for the following grant recipients are attached:
Friends of the Bass Museum
South Florida Composers Alliance
,
Thank you for your assistance and please contact me at extension 6126 if you have any questions.
C: Bill Baites, Cultural Affairs Program Manager