Miami Light Projecta pp~-a G qo~
m MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this ~. day of ~ 2008,
between the City of Miami Beach, Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Miami Light Project
Grant Contact: Pete Halpern
Address. 3000 Biscayne Boulevard
City, State. Zip: Miami, Florida 33137-4139
Phone. fax, e-mail :305-57 6.4350. 305-576-6480, phaloernCr~miamilightproiectcom
2. Grant amount: S 17,944.93 50% paid upon execution of this Agreement.
Remaining 50°.6 paid upon completion of Project and
submission and approval of Final Repoli.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget,
at tached hereto
5. Contract deadline: October 27, 2008
6. Expenditure deadline: September 30, 2009_
7. Project completion date: September 30 2009
8. Final Report deadline: Must be postmarked or delivered no later than 45 days
after Project completion date. "~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this a 9 day of
G ~~~- , 2008.
Matti H. Bower, Mayor
Attest: ~~~~
~~~
Robert archer, Ciry Clerk
APPROVED AS TO
FORM & LANGUAGE
8rF0 ELUTION
~~ ,
__,- it ttomey ~~ ate
(.Grantee's Corporate Seal Here)
GRANTEE:
Federal ID # 65-0107810
BY: Peter Jav Haloem
Printed Name of Organization's Authorized Representative
Signature
~;
STATE OF FLOR`D ,COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me this! day of
by ; `i . • ~ ~ i~ ~ ~~ ~ L~ of ,' t' i '~ n, L ~- ~~ ( ~
= ! fL y-~! 2008,
_ i'i L,.+ j ~lu~G C" , a not-for-
profit (Aryorallon, HelShe personally known to me or has produced
Signature of Notary Public
/1_! _~-' / '~ i ,,.+ Noury Pue11~ State u! fbdda
Notary Name: ~ ~l ~-l~ y~ ~~~ /C fit' C~s° i~-(~~ ~ f ~ Rebe'xah Larvae Langel
Nota Public, State of Florida g tAyCdnmasanDD5B505J
tY ~+awd` Ex ' esU817b!T1r
/~ .
My Commission Expires: ~ L'' I ~C' ~
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. Protect 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, 2009, must submit their final
reports no later than November 15, 2009.
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 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. 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 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 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 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,
CuRural 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.
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 Gaims. 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 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 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 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 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.
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 andlor 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) 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 Fanner. 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.
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 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. 20004 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 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 /Revised Project Description
Organization: Miami Light Project
Completely describe Project approved by the Grants Panel and in a separate narcative detail
al! 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.
Project description as approved by Grants Panel:
I) ;1 performance of a nationally reargnizxd cornedian'theater artist to perfi>rm at the
Colony 1'hcatcr in conjunction with. and as pari of the South Beach Comedy Festival a
three-year-old showcase for outstanding multi-cultural comedians from around the
country. in ?007 we presented the Florida debut of Chineso-:lmcrican writer and
comedian Kristine Wong. The performance will occur in .lanuary 2009 at the Colony
Theater. Tickets will he ~?~. 1 he artist and the enact date and time of the performance
have not yet been determined.
2) Miami Light Project and FINT)arte will co-produce the second annual Global Cuba
Fest at Spicgeltent in February ?009. Scheduled to run for t`vo days (dates and times
TBFI). the program will feature six of today's linest Cuban musicians--tusicians echo
have migrated w different places around the world absorbing an arcay of musical
influences that have enriched. and in some cases transformed, the sounds and musical
traditions on which they were raised. \\ hilc festival artists are still to be dctcnnined, they
will include such performers as Guarjinr, a [.atin punk rock band Ilv4iami ); Dali~is Prieto,
a Grammy-nominated Latin jazz percussionist (New York); Bejukoband, a Cuban
pop.%funk band (Miami ): singer-songwriters Gema y Pavel (Madrid)::\rte Viva. a
rock`popifunk band (ivtiami); lgnacio I3erroa, a Grammy ,ward-w'inning:lfro-Cuban
drumminc master (i\iiami); and world music singer-songwriter Nil Lara (!vtiarni). Global
Cuba promises, once again. to be ahigh-profile event, with concerts taking place at the
height of tourist season inside the spectacular Spiegeltent erected an the Collins Park
Campus. I'ickct prices will ranle from $10 - $20.
Project description as revised (if applicable) based upon the Citv Commission approved
award:
Changes to projects awarded under the ARislic Disciplines program must stilt adhere to the
requirement that the work is new or has never before been presented in Miami Beach.
1) On January 21, 2009, Miami Light Project will present Marga Gomez -"Long Island
Iced Latina,"a comedy program co-presented with the South Beach Comedy Festival,
This performance will be the re-launch of Miami Light Project's "Come Out Laughing"
comedy series inaugurated in 1990 and created in celebration of Miami Beach's LGBT
commundy.
One of America's first openly Queer comics, GLAAD and Ovation award winner Marga
has been seen on LOGO and Comedy Central. In Long Island Iced Latina, Marga pours
a long tall drink of cultural confusion, chronic virginity and mother daughter instability.
What begins as a hilariously dark memoir of Gomez as the only brown girl in a white
high school morphs into an intoxicating manifesto for Latinos who can't speak Spanish,
suck at Salsa, and suffer from Blonditis. Marga Gomez will also be conducting a
workshop with young people at Pridelines Youth Services
2) In February 2009, Miami Light Project and FUNDarte present the second annual
Global Cuba Fest, a weekend festival of some of the most innovative musicians of the
Cuban Diaspora in Rock. Jazz, Pop and Hip Hop. Presented this year at the Bandshell
in North Beach Park, Global Cuba Fest 2009 will kick-off on February 6, 2009 with
headliner Albita. a Grammy-winning Cuban-American singer, producer and composer.
Cuban music has never been hipper than in her hands. An instant sensation since her
arrival in Miami in 1993. she has shared the stage with Celia Cruz. Phil Collins, Tony
Bennett, Gilberto Gil, Juan Luis Guerra , Daniels Mercury, Miriam Makeba, Arturo
Sandoval, Paquito D'Rivera and Melissa Etheridge; and, has been invited to perform at
four Presidential functions, including two inaugurations. In 2005. Albita was cast for a
major role in the Broadway produced musical play `The Mambo Kings", were she
worked for six months to rave reviews. Performing on February 7th will be Alex Cuba, the
hottest avatar of young Cuban music. Alex Puentes grew up in Cuba and now lives in
Canada. Since renaming himself a few years ago, he has snared two Juno awards,
Canada's Grammys. He blends Afro-Cuban rhythms with pop-love songs. The festival
concludes on February 8`h with Yosvany and Yunior Terry, Born and raised in the
Camaguey province of Cuba, Yosvany received his earliest musical training from his
father, Eladio "Don Pancho" Terry, a violinist and Cuba's leading player of the chekere.
Yosvany went on to study classical music, graduating from both the prestigious National
School of Art (ENA) and Amadeo Roldan Conservatory. He moved to New York in 1999
and was immediately recognized as a 'spectacular talent" in the jazz scene. Yosvany, a
saxophonist will play with his brother , Yunior, a bassist. He played violin with the Cuban
National Symphony and bass with both folkloric and Latin jazz groups. He grew up
surrounded by the music of the Afro-Cuban religious traditions, and he learned to play
the chekere from his father Don Pancho, the undisputed master of the instrument.
Yunior came to the United States to attend Cal Arts in Los Angeles from which he
graduated in 2002 with honors-
Exhibit 2-A: Project Budget 1 Revised Total Project Budget
Name of organization: Miami Light Project
Date(s) of Project: January 21-September 30, 2009
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 al!
numbers to the nearest dollar.
EXPENSES
CASH IN-KIND
Personnel -artistic 12.400
Personnel -technical 1 000
Personnel -administration 13.450
Outside artistic fees/services 31 000
Outside other fees/services 3J600 _
Marketing/Publicity 7~ _
Space rental 13,000
Travel 5~ 10,000
Utilities 600 _
Equipment rental 8
Office supplies
Insurance/Security 1~ _
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
CASH IN-KING
15 500
12.000
22,500
10.505
21,200
3y50
Other Costs: (Itemize below)
Printin 3 250
Posta e t 300
HOSpItaIltV 1,450 _
Other Contributions (Itemize below}
Housing 10.000
City of Miami Beach Grant Award 17,944.93
Total cash expenses 103.400
Total in-kind expenses 10.000
Total project expenses 113,400
CASH & IN-KIND
Total cash revenues 103,400
Total in-kind revenues 10.000
Total project revenues 113,400
CASH 8 IN-KIND
10
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Miami Light Project
Date(s) of Project: January 21, 2009-September 30, 2009
Grant Award: $17,944.93
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 _ Equipment Rental
Personnel-technical _ Space Rental 5J,000
(Performance RelatedOnly)
Outside artistic fees 12.944.93 Insurance
(Performance Related Only)
Marketing/Publicity _ Total Other Costs
(Itemize Below)
Printing
Description Amount
Postage _
TOTAL (must equal grant award): 17 944.93
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 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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