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So. Fla. Composers Alliance Inc " " City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this 1. ~ day of ~ '\I , 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and ~~~'\l(\"'rl\()O. tl.)~~~ Qto.\'O.t\Cl'. \\'-r.L. (Grantee). Article I / Grant description Grantee: SOI/T)f FW/(.fB11- eoMfb.r~ ~f 1Are. f Address "'0 &JXO(' S'2 "I ~ City, state, zip MlirMi iFf.- ,J3/0/-Q1( Phone, fax, email ?Or. 7 tl. tJ~{)tJ - '3OJ: 1[(! 060/ . C;v-r71t1l(J~7IfLiAlk...1VEI Grant amount: I /"2 f {!} 00 50% paid upon execution of this Agreement. Remaining 50% paid up01!completion of Project, submission and appr(JVal offinal report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibit II, A and B attached hereto 5. Expenditure deadline: Seotember 30, 200 I 6. Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this -1fL day of ~ 2000. 1. 2. M-~ Robert Parcher, City Clerk GRANTEE! SPl/1f/1tRatl/J4 ~So.s AWItAIl:€, Print Name of Organization :iAfG FederalID# ~'J -2iP20S""6! BY: q-USm-VO MIt~ . ed Name of Ch . or President CITY OF MIAMI BEACH '!l/II Neisen Kasdin, Mayor ATIEST: (Grantee's COlpO!8te seal) APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION BY: <)U91n &robvi 110 C;;;(J:~ ~fJ1~ ID~Y~ I Dale . . '. Article II I 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect DescriDtion: 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 Line Item Budget, or with changes not to exceed ten percent (10%) per category, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnaIly request authorization via a letter to the Director of the Council detailing and justiJying the changes. AU Grant recipients must participate in Miami Beach Second Thursdays (see Article m-19). The following City of Miami Beach " Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, worldng on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s). Miami Beach "Anchors" for 200012001 are defined as follows: ArtCenterlSouth Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FID Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualiJy it from future consideration from the City's Cultural Arts Grant Program. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling. or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001. 4. Amount of Grant and Pavrnent Schedule: The total amount of the Grant is specified 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. Proeram Monitorin2 and Evaluation: The Director of the Council 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 Bondin!!: 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 Director of the Council 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 confOl1l13llce 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 Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial records ofthe Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the CIty of Miami Beaclr CuItrutd Artl Cowu:illogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the sl!ffie manner as if Grantee defaulted under this Agreement, pursuant to Article n -12, below. 9. Liabilitv and Indemnification: The Grantee shall indemnifY and hold hannIess 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 perfonnance 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 hannIess and defmed the City or its officers, employees, agents and instrumentalities as herein provided. If the Grantee is a gnvemment entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions ofthat 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 injUl)' or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assilmment: 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 1I-12, below. 11. Comoliance 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 Ordinance No. 72-82 (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 vn ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. DefaultITennination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council 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 Director of the Council, 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 Director of the Council an extension of the Expenditure Deadline 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 Director of the Council 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. Indul2ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 ofthe 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-I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. CaDtions Used in this A2reement: 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 Reoresents Total Aereernent: 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 tenus. 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 I 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 Agt eement and win 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 discrhnination 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. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural open house on the second Thursday of every month. Free arts events will be held at muhiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article II - 12 herein. Exhibit 1 / Revised Project description Organization: South Florida Composers Alliance Project title:Subtropics New Mus ic Festival . . Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, dctailthe organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specilics about their mentoring program. SvnoDsis: South Florida Composers Alliance (SFCA) will program over 35 artists, 10 performances in Miami Beach as part of ,ts 13th Subtropics Experimental 'Music Festival. Subtropics, one of the premiere showcases of avant-gMcle anel experimental mUSIC outside of New York City, will take place at the Botanical Gardens, The Bass Museum, and the Colony Theater in Miami Beach. Revised Narrative: With $12,000 in support funds from Miami Beach Cultural Arts Council, South Florida Composers Alliance (SFCA) Will program over 35 artists, 10 performances in Miami Beach as part of its 13th annual Subtropics Experimental Music Festival. In addition, SFCA will participate in four Second Thursday events ()(LO~)Clr, November an~ December at the Botanical Garden and April at the Bass Museum of Art. SOUND INSTALLATION: Dreams and Spirits - October 12-December 31, 2000 - Botanical Gardens Dreams and Spirits, a sound installation by Miami artist and Florida Consortium Fellowship winner Gustavo ,Matamoros will be on .display at the Botanical Gardens, opening alongside The Garden's American Tribal Spirits exhibition. This installation is pOSSible through a partnership between Miami Beach GaI"den Conservancy and SFCA's Sound Arts Workshop, SUBTROPICS EXPERIMENTAL MUSIC FESTIVAL EVENTS: Subtropics Marathon - March 22, 2001, 6-9pm - Bass Museum of Art, Miami Beach The Subtroplcs Marathon is a showcase of the latest developments in music and sound art by South Florida based artists. It traditionally presents mUSIC from as far as St. PeterSburg and Tampa. Russell Frehling - March 23, 2001 - Botanical Gardens, Miami Beach Russell Fr('hling IS a Miami sound artists with international reputation. conSist of new multimedia works created while In-residence at SFCA's His Subtroplcs performance will Sound Arts Workshop. Duo Kol-Tof - March 29-30, 2001 - Botanical Gardens This duo features virtuoso Israeli artists Esti Kenan Ofri (voice) and Oren Freed (percussion) in an intimate but highly innovative exploration of Sefardi musical traditions. Rennie Harris Puremovement - April 6 & 7, 2001 - Colony Theater Harris' '"tcst work, Rome & Jewels, IS an amalgam of West Side Story and Romeo and Juliet - a story of unrequited love retold through the eyes of a Hip-Hop poet. TIle spoken word text consists of excerpts from Shakespeare and contemporary Hip-Hop language. (In coliaboration with Miami Light Project) David Manson & SHIM - April 12, 2000, 7pm - Bass Museum of Art SHIM is the premiere experimental and free jazz ensemble in the Tampa Bay area. They will be performing new electrifying compositions by its band member, composer and trombonist David Manson. Some Of t!lose works will be created during his reSidency at the SFCA's Sound Arts Workshop. Jose Navarro - April 21, 2001 - Botanical Gardens Mexican composer and percussionist Jose Navarro will perform an evening iong collection of hunting compositions and improvisations for dance With guest artist saxophonist Jon Gibson. (In collaboration with ArtemiS Performance Network) Lou Mallozzi - April 26, 2001 - Bass Museum of Art Lou MallOZZI is an audio artist from Chicago who has been dismembering and reconstituting language, sound, and gesture on radiO, CD, stages, and sites since 1986. His "Vignettes" are conceptual sound miniatures using turntables, microphones, flashlights, water-filled bowls and other low-budget items that offer witty commentary about the way we perceive sound. Exhibit 2: Revised Project Budget / B. Grant Award Budget South Florida Name oforganization:Composers Allianceproject Title: Subtropics New Music Festival Date(s) of Project: March 22 - Apr i 1 26, 2001 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. GraDt EXDeDses Personnel - artistic 4600 Personnel- technical Personnel. administrative 2400 . Space rental Travel (local only) Marketing/Publicity 2000 1000 Outside artistic fees :2000 Outside other fees Other costs (Itemize below) TOTAL 12,000 Grant requirements: Grant monies _st be spent within budget calegories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" Gnut fund, may Dot be used for: Remuneration ofCily employees for any services rendered as part ofa project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or pennanent equip~nt (pennanent equipment necesslU')' for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-<:ounty travel or transportation Fundraising events Hospitality events Events not open to the public Exhibit 2: Revised Project Budget / A. Total Project Budget . South Florida Name of organization: Composers Alliand!rojectTitle:Subtropics New Music Date(s) of Project: March 22 - Apr il 26, 2001 Festival 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 15000 Admissions 5600 Personnel - technical 5000 Contracted services . 6850 7000 Personnel - administration 15000 Tuitions Outside artistic fees/services 11000 Corporate support 7300 6000 Outside other fees/services 1000 Foundation support 4000 MarketinglPublicity 5500 Individual support 850 Space rental 5000 Government grants Travel 5000 6000 Federal 5000 Utilities State 4400 Equipment rental Office supplies Insurance/Security Other Costs: Oper.Expenses Production Costs (Itemize below) 1500 3000 7000 Other contributions M-Dade County (Itemlze below) 21000 ~ Grant award 12000 Total cash expenses Total in-kind expenses Total project expenses 07000 13000 ~OOO (cash + in-kind) Total cash revenues 67000 Total in-kind revenues 1 3000 Total project revenues 80000 (cash + in-kind)