HomeMy WebLinkAboutSouth Florida Composer's Alliance
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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2006/07 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this )/4day of $.p~1f )#j~ Y ,2006, between the City
of Miami Beach, Florida (the City), and (Grantee). I
Article II Grant Description
1.
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail :
Grant amount:
South Florida Composer's Alliance
Gustavo Matamoros
P.O. Box 01-5298
Miami FL 33101
(305) 981-0600, (305) 981-0601, isaw@earthlink.net
2.
$8,633.33 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 Exhibits2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract deadline: October 27, 2006
6. Expenditure deadline: September 30, 2007_
7. Project completion date: June 01, 2007.
8. 'nal Re ort deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. ~..t.../
OF, the parties hereto have executed this Agreement this ~ Clay of DCltI/J04L,
rmer, Mayor
Attest ~r f ~~
Robert Parcher, City Clerk
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me
this~day of () c.. 1'""0 ftJe/ 2006, by
(2:1(fC;'T'kVO fv1kT~S of
S'/) . FU4. . to Ji\~ #dJ.. (.ANt€. , a not-for-profit
corporation. He/She is personally known to me or has
produced rf, t>a... ~ ., 7'/Z<<(.'0
as identification.
Signature
APPROVED AS T
FORM & LANGUA E
N
Signature of Nota
Notary Name' /-e.w-reoACR We..tJo A
Notary Public, State of Florida
My Commission Expires:
Ib!dt-O'O
~v ~t\. Notary Public State of Florida
!-J . Lawrence N wentwo568rth 824
~~ C My Commission DO
V; o"...df Expires 06/27/2010
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 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
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the 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, 2007, must submit their final reports no later than November 15,
2007.
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, and execution of this Agreement by the parties hereto.
5. Program Monitoring 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 Bonding: 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. 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 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. Publicity 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,c2of9
.:
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 limitthe 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. Assignment 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 terminate this
Agreement and 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 termination, the Grantee shall be required to immediately repay to the City
all portions of the Grant which have been received by the Grantee, as of the date that the written demand is
received.
InJ!lsL~-,!eD.Lthat thls~mnU2terminated_andJ.bsLGrante~J~L..request.?d to r~all or a portion of the
~rflJlLfimg:;L beQause QL a breactLQf tbJii...W?lemE2Jlt the followingJQnI'-,-S wULg.Q.Rl1.~
a. For fir~!-time violations - Grantee shall be....@Q.u.i[.Q.d to submiU2..fillal rep_ort '{jJth documentatiQD_.9f
eXQenditurE;:..gLall gIsmL'2.!ry.Si[gs already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received inJ~1I to the City of Miami Beach. Grantee will nQt
[~.Q~iY.~remainder of this Grant award
Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. Qgweyer. Grantee will be allQ..weq to apply Jar fl,jture fisg_'2Ly'~ar's grants progG'J.ms.
b. For more than First-time violations -1:.JJ'i. fut.l[~..QQ.Q1.J!Jjgncsdo.flil.ctioJ:LLbY-..GJ:9.rJ.t~~..wHLQ.~
QQ.n2[Q~LE2iLQ'iJhe City, through its Cultural Affairs Program Manager or his Designee, on a case~by-cfl.se
basis-,-...As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Gr~mtee m~fl.U.9we.Q
tg.fl.QP[yJQLf!J1IJI\2..9.c.s'1.01:Lshall remain within the sole discretion of the City.
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 upon demand
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.
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These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence 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: Gary Farmer, Interim Cultural Affairs Program
Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive,
Miami Beach, Florida 33139-1819.
15. Captions Used in this Agreement: 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 AQreement: 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.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be govemed by, and construed in accordance with, the laws of the State of
Florida, both substantwe and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S.
District Court, Southem District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
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Exhibit 1/ Revised Project Description
Organization: South Florida Composer's Alliance
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. Use extra page if necessary.
Proiect description as approved by Grants Panel:
Funds are requested to support a 2-day Fluxus Event (working title) to be held on the
sands of Miami Beach February 25,2007. This event will be a main, opening weekend
component of the annual Subtropics Experimental Music and Sound Arts Festival being
held February 22 through March 3, 2007 at the Miami Performing Art Center and in key
locations on Miami Beach (on the beach sands of South Beach and on Lincoln Road as in
2005 and 2006). Art Center/South Florida will once again serve as a collaborative partner
in staging the event. The outdoor event will be a unique artistic collaboration between
Alison Knowles, a New York-based visual artist known for her soundworks, installations,
performances, publications and as a founding member of the international art group
Fluxus; Larry Miller, a New York-based visual and performance artist who has been
actively associated with Fluxus since 1969 as both an artist and organizer; and Miami-
based sound artist Gustavo Matamoros, founder of the South Florida Composers Alliance
and annual curator of the Subtropics Festival.
Proiect description as revised (if aoolicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that
the work is new or has never before been presented in Miami Beach.
Funds are requested to support the Beach portion of our Fluxus Day event to be held on
the sands of Miami Beach March 3, 2007. This event will connect with other components
in the main land as part of the annual Subtropics Experimental Music and Sound Arts
Festival being held February 23 through March 4,2007. Art Center/South Florida will once
again serve as a collaborative partner in staging the event. The outdoor event will be a
unique artistic collaboration between Alison Knowles; Larry Miller, and Miami-based
sound artist Gustavo Matamoros, Miami sound artist and annual curator of the Subtropics
Festival. And will include activities on the Beach Sand of South Beach, followed by "BUS" a
new piece by Matamoros for marching band and school bus that will roam the streets of
Miami Beach and travel back and forth to the Main Land to connect with similar events
programmed at the Carnival Center. A major NEW WORK by the artists involved, Fluxus On
The Beach will have great emphasis on interaction with the audience and participation by
students. This event will be free and open to the general public.
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: South Florida Composer"s Alliance
Date(s) of Project:
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 alt numbers to the
nearest dollar.
EXPENSES
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
1,500
Other Costs:
printing
postage
~
supplies/materials
Lodging
(Itemize below)
1,450
500
3,250
1,750
1,750
Other Contributions
Toe
Partners
(Itemize below)
2,500
1.367 5,750
750
City of Miami Beach Grant Award
8,633.33
Total cash expenses
Total in-kind expenses
Total project expenses
CASH & IN-KlND
29.700
~
35.450
Total cash revenues
Total in-kind revenues
Total project revenues
CASH & IN-KlND
29.700
~
35.450
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: South Florida Composer's Alliance
Date(s) of Project:
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 3,000 Admissions
Personnel - technical 2,000 Contracted services
Personnel - administration 2,100 Tuitions
Outside artistic fees/services 4,000 Corporate support 2,500
Outside other fees/services 3,000 Foundation support 6,000
Marketing/Publicity 4,500 3,500 Individual support 700
Space rental Government grants
Travel Federal 5,000
Utilities State 3,000
Equipment rental 2,400
Office supplies
Insurance/Security 1,500
Other Costs: (Itemize below) Other Contributions (Itemize below)
printing 1,450 TDC 2,500
postage 500 Partners 1.367 5,750
travel 3,250
supplies/materials 1,750
Lodging 1,750 750
City of Miami Beach Grant Award 8,633.33
Total cash expenses 29.700 Total cash revenues 29.700
Total in-kind expenses 5.750 Total in-kind revenues 5.750
Total project expenses 35.450 Total project revenues 35.450
CASH & IN-KIND CASH & IN-KIND
7019
Grant Use Restrictions (grant funds may not be used towards):
· Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
· Administrative salaries or fees
· "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
· City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
· Debt reduction
· Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
· Travel or transportation outside the local Miami Dade County area
· Social/Fundraising events, beauty pageants or sporting events
· Hospitality costs including decorations or affiliate personnel with the exception of artists
· Cash prizes
· Lobbying or propaganda materials
· Charitable contributions
· Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government
Required supporting materials for final reports submitted within 45 days upon completion
of grant project:
· Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from
advertising payments)
· Proof of logo and credit line in project publications and advertisements
· Proof of performance(s), such as programs, brochures and flyers.
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