The Rhythm Foundationo2po ~~~~ ~1 O~
m MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008109 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this ~-"'day of ~ 2008, between the City of
Miami Beach. Florida (fhe City). and (Grantee).
Article I /Grant Description
1. Grantee: The Rhythm Foundation. Inc.
Grant Contact: Laura Quinlan
Address: P.O Box 398567
City, State, Zip: Miami Beach, Florida 33239
Phone, fax. a-mail 305-672-5202. 305-529-6207, Ig(c~rhvthmfoundation com
2. Grant amount: f 18,505.71 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion ofProject and submission and approval of Final Report.
3. Project description: See ExhibR 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budgei and 2-B Grant Budget, attached hereto
5. Contract deadline- October 27, 2008
6. Expenditure deadline: September 30, 2009
7. Project completion date: ~Y~tx`ri-~ ~ ~~ r
r
8. Final Report deadline. Must be postmarked or delivered no later than 45 days after Project
completion date. -~ /
IN WITNESS WHEREOF, the paAies hereto have executed this Agreement this t~/~ of ~ , 2008.
,, ~ / .
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r~i atti 1~t. Bower, Mayor ~ Signature _.k"~ ~ - •~~ `-- ~~"'-_
Attest. ~~~~LtA ^, ~Q,1 ~~ I O~~ 1 STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Percher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) this ~ b tlay of 6'~6~~ 2008, by
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, 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 ovemrns 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, 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, induding attorneys' fees and
costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of
daims, 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,
prindpals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall
investigate and defend all daims, suits or actions of any kind or nature in the name of the City, where
applicable, induding 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 daim or judgment by any one person
which exceeds the sum of $100,000, or any daim or judgment or portions thereof, which, when totaled with all
other daims or judgments paid by the government entity arising out of the same inadent oroccumence, exceed
the sum of $200,000 from any and all personal injury or property damage daims, liabilities, losses orcauses of
action which may arise as a result of the negligence of the Grantee entity.
10. Assis~nment: 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 Amide II-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, induding 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, Artide VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Defaultlfermination 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 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.
Additionalty, Grantee wilt 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 spedfied in Artide 1-5 must be returned to the City within fifteen (15)
3 of 1~
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 pertorm 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 Better 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 ar~d 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 deemeed or construed as in any way limiting or extending the language or
provisions to which such captions may defer.
16. Contract Re resents Total A ' ement: This contract, including its special conditions and exhibits,
represents the whole and total agreeme t of the parties. No representations, except those contained within this
agreement and its attachments, are to b~ 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 Commissipn.
Article'111 /Miscellaneous Provisions
17. The Grant awarded herein is this result of an extensive public review process, which found that the
Grantee is pertorming 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 Agreemenla 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 thai~ 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, reMigion, 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.
-The remainder of this page is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organization: The Rhythm Foundation, Inc.
Completely describe Projecf approved by the Grants Panel and in a separate narrative detail al/ revisions
fo 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:
The TransAtlantic Festival will take place over three weekends in April 2009, featuring 4 nights of concerts
at the North Beach Bandshell by a diverse selection of outstanding world music groups. The artists in
the festival, all internationally acclaimed, are selected from some of the cultural capitals of the Atlantic
region, making new world music by incoroporating electronics influences into traditional rhythms.
The festival will attract a diverse audience, made up of different age groups from children to young adults
to seniors and representing the different cultures who live in and visit Miami Beach.
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.
Some changes have been made to the proposed festival because of artist scheduling, but all aspects
of the scope and scale remain as planned. The schedule of artists included in the Festival include
Seun Kuti and Egypt 80, the Nigerian sensational big band, and Malian blues artists Amadou and
Mariam as listed in the proram. Another headline artist will be Zuc:o 103, an Amsterdam-Rio de
Janeiro hybrid making modern Brazilian music, and emerging Latin rocker/troubadour Ximena
Sarinana, who has recently been nominated as Best New Artist at the Latin Grammys and MTV Latin
awards. Other artists will include a selection. The complete and final schedule of artists will be
announced by December 8~'.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: The Rhythm Foundation, Inc.
Date(s) of Project: April 1 - 30, 2009
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically ident~ed with your program, project or events. Round off all numbers to the
nearest dollar.
EXPENSES
CASH IN-KIND
Personnel -artistic 0 0
Personnel -technical 0 0
Personnel -administration 7,500 2,500
Outside artistic fees/services 60.000 0
Outside other fees/services 0 0
Marketing/Publicity 25.000 4.500
Space rental 0 5.000
Travel 7.500 2.500
Utilities 500 0
Equipment rental 18.000 0
OfFice supplies 1.500 U
Insurance/Security 3.500 0
Other Costs: (Itemize below)
Misc production 2.005.71
Total cash expenses 125.505.71
Total in-kind expenses 14.500
Total project expenses 140.005.71
CASH ~ IN-KIND
0
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REVENUES
CASH IN-KIND
Admissions 56,000 0
Contracted services 0 0
Tuitions 0 0
Corporate support 25.000 12.000
Foundation support 5.000 0
Individual support 3.500 2.500
Government grants 7.500 0
Federal 0 0
State 0 0
Other Contributions (Itemize below)
Concessions 10.000 0
CMB Grant Award 18,505.71
Total cash revenues 125.505.71
Total in-kind revenues 14.500
Total project revenues 140,005.71
CASH ~ IN-KIND
Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: The Rhythm Foundation, Inc.
Date(s) of Project: April 1 - 30. 2009
Grant Award: $18,505.71
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 10,000 Equipment Rental 4,505.71
Personnel -technical Space rental (Performance
Related Only)
Outside artistic fees Insurance (Performance
Related Only)
Marketing/Publicity 3.000 Total Other Costs (itemize
Below)
Printing 1,000
Description Amount
Postage
TOTAL (must equal grant award): 18.505.71
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 inGude 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
• 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
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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 inGuding 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 forfinal reports submitted within 45 days upon completion ofgrant
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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