South Beach Chamber Ensemble, Inc.~~o7-~Co~~l
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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2007/08 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this O` ~ day of ~`ti~ , 2007, between the City of
Miami Beach, Florida (the City) and the undersigned Grantee ( rantee).
Article I /Grant Description
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Grantee: South Beach Chamber Ensemble, Inc.
Grant Contact: Michael Andrews
Address: 827 16th Street
City, State, Zip: Miami Beach, FL 33139
Phone, fax, a-mail : 305-673-2183, 305-673-2183, mandrews17Ca~mindspring.com
Grant amount: $5,000 50% paid upon execution ofthisAgreement. Remaining 50% paid upon
completion of Project and submission and approval of Final Report.
Project description:
Itemized budget:
Contract deadline:
Expenditure deadline:
Project completion date:
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
November 2, 2007
September 30, 2008
Fi al Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
S HEREOF, the parties hereto have executed this Agreement this ~ day of , 2007.
~- ~
er, Mayor Signature
Attest: ~~
(fI ~
Robert Parcher, City Clerk
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument~was~acknowledged before me
this~day of GZ-~-~'/ 2007, by
of
~~ ~~~.~e,. ~~~~not-for-profit
corporation. Hey/She is personally known to me or has
produced i~G~-.~--e~ ~.c~~ was
identification.
Signature ftf'Notary Public
GRANTEE:
Federal ID #: ~ ~" ~ ~ b ! ~ ~ ~ Notary Name: ~~ ..,
BY: IG~ ~ Notary Public, S f ~i~~1fCOMMIS~ONtDD628373
~~h~~~~~- p~',~~~VEDASTO Ex~'~ES:Mey3.20tt
Printed Name of Or anization's Authorized Re r e „~ n'"'~'~u"a"""A°1f
FORM & LANGUAGE
& FOR CUTIQ~JCommission Expires:
omey e
Article II /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, 2008, must submit their final reports no later than
November 15, 2008.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2
(subject to the restrictions in Article I-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 toobserve 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. Accounting 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 inMiami-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 I-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 Managerorhis 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 II-12.
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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 noway 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 orjudgment by any one 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 orcauses 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 II-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 VI l of the Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set 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 terminate this
Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendardays
written notice to the Grantee, and the City shall have no further obligation to the Grantee underthis 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.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations -Grantee shall be required to submit a final report with documentation
of expenditure of all grant awards 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 in full to the City of Miami Beach. Grantee
will not receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
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 Grantee may be allowed
to apply for future grants shall 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)
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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.
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 I-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, 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 Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, exceptthose 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:
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
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opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive 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, Southern 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 /Rev"rsed Project Description
Organization: South Beach Chamber Ensemble, Inc.
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
to the Projecf 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.
Project description as approved by Grants Panel:
We are celebrating our tenth anniversary at the Miami Beach Botanical Garden on Sunday, November 4, 2007
at 6:00 PM with string quartets by Mozart and Ginastera. Thomas Moore, violin, Melissa Palichat, violin, Dustin
Budish, viola and Michael Andrews, cello, will perform. A reception and celebration will follow the concert.
Our second concert will be piano trios by Villa-Lobos and Schubert at St. Patrick's Catholic Church on Friday,
February 15, 2008 at 8:00 PM. Performing wilt be Thomas Moore, violin, Michael Andrews, cello, and Ciro
Fodere, piano.
The third concert will be piano quartets by Dvorak and Faure at St. Patrick's Catholic Church on Friday, May 2,
2008 at 8:00 PM. The musicians will be Thomas Moore, violin, Dustin Budish, viola and Michael Andrews, cello,
and Ciro Fodere, piano.
These three flee concerts are part of our six-concert Music in Beautiful Spaces series. Each concert will debut
in Miami Beach and be repeated in Miami-Dade at the Dave and Mary Alper JCC and Barry University. All the
works we are performing this season are new to us.
Project description as revised (if applicable 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.
We will play two free concerts instead of three. The first date remains the same (at 4 PM) at the Miami Beach
Botanical Garden. The repertoire will be Beethoven Cello Sonata in A major, Brahms Violin Sonata in D minor and
Brush Pieces for Piano Trio, performed by Michael Andrews, cello, Thomas Moore, violin, and Ciro Fodere, piano.
The second concert will be on May 4, 2008 at 4 PM at the Miami Beach Botanical Garden. The repertoire will be
Mendelssohn Piano Sextet in D major and Vaughan Williams Piano Quintet in C minor. Players will be Thomas
Moore, violin, Richard Fleischman, viola, Dustin Budish, viola, Michael Andrews, cello, double bass player Cindy
Blandino and Ciro Fodere, piano.
Both concerts will be repeated at Barry University, where we are artists in residence.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: South Beach Chamber Ensemble, Inc.
Date(s) of Project: 11/04/08 and 05/04/08
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
Personnel -artistic
Personnel -technical
Personnel -administration
Outside artistic feeslservices
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
ED
Grant writer
Computer
REVENUES
CASH IN-KIND CASH IN-KIND
11,250 Admissions
Contracted services
5000 Tuitions
Corp. support 2000
Foundation support
2800 Individual support3850
Govt. grants 10,000
Federal
400 State
400
(Itemize below)
5000
2500
1000
Other Contributions
ED
Grant writer
{Itemize below)
5000
2500
City of Miami Beach Grant Award 5,000
Total cash expenses 20.850
Total in-kind expenses 7500
Total project expenses 28.350
CASH 8z IN-KIND
Total cash revenues 20.850
Total in-kind revenues 7500
Total project revenues 28.350
CASH & IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: South Beach Chamber Ensemble, Inc.
Date(s) of Project: 11/04/07 and 05/04/08
Grant Award: $5,000
Directions: Identify and itemize cash expenses to be paid from Grant award 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 4000 Equipment Rental
Personnel -technical Space rental {Performance
Related Only)
Outside artistic fees Insurance (Performance
Related Only)
Marketing/Publicity 800 Total Other Costs (itemize
Below)
Printing 200
Description Amount
Postage
In County Travel
TOTAL (must equal grant award): 5000
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."
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
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Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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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