South Florida Composers Alliance
m MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered mto this 1Ut~.day of 6~~ier, 2008, between the City of Miami Beach, Florida
(the City), and (Grantee).
Article I /Grant Description
1. Grantee: South Florida Composers Alliance
Grant Contact: Gustavo Matamoros
Address: P.O. Box 015298
City, State, Zip: Miami, Florida 33101-5298
Phone, fax, a-mail 305-981-0600; ,info@subtrooics.org
2. Grant amount: $ 8,600.00 50% paid upon execution or this Ayreement. Remaining 50%
Paid upon completion of Project and suAmission and appmva! of Fine! Repai.
3. Project description. See Exhibit 1, attached hereto
4, Itemized budget See Exhibits 2-A ProjectBudget and 2-8 Grant Budge[, attached hereto
5. Contract deadline: October 27. 2008
6. Expenditure deadline: September 30, 2009_
7. Project completion date, April 1, 2009.
8 Final Report deadline. Must be postmarked or delivered no later than 45 days after Project
completion date. //~
IN WITNESS WHEREOF, t parties hereto have executed this Agreement this~L day of _odober_ 2008-
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Matli .Bow r, Mayor / ~ Signature___~/ r"~'~ ~ ~~~
Attest 1y
~~L,~(1 ~~~~~_ I~,~' STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
The foregoing instrument was acknowledged before me
Grantee's Cor orate Seal Here this;~.day of ~~-~ ~ ` ~~'~-~ s 2008, by
(- /- ~c, rlx_' ~ : , } 1',1 - -_f `' c , anot-for-profit
APPROVED A TO corporation. HelShe is personally known to me or has
Fr1R~A R I ANr;I Ar'-0F Produced Y 1. ~`i y •"t L. r'r'~%:~"
GRANTEE: `~-~' <.~ 5~ ~• w..~u yr ,w.M~~~~
Federal lD #: 59-2626561 ` y -f,_`~1-YL '~t`
2 e~-r~y Notar Name: ~.t
BY: ~~' l I~ ~ nr, (~ t ~'~t Notary Public. Slate of Floritla
Printed Name of Organization's AuthorizedRepr sentative
My Commission Expires'. 'i ~ ~.-~.~-(_ Lt
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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. Project 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 priorwritten 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 fulfillhg, 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 CulturalAffairs 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 Bondino: 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 mustinclude 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.
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,
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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 or judgment by any one person
which exceeds the sum of $100,000, or any claim orjudgment or portions thereof, which, when totaled with all
other claims orjudgments paid by the government entity arising out of the same incidentor 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. 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) 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 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)
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 certifiedcheck for the total amount due,
payable to the City of Miami Beach, Florida.
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These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence Will Not be Waiverof 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 Ci#y 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, 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.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employment, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principlesof 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: South Florida Composers Alliance
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
SFCA is requesting funds to organize SOUND, a series of new experimental music performances by
the members of SFCA's Advisory Board -all legendary figures in the world of experimental music and
the sound arts. These performances take the form of an exhibition curated and designed by iSAW's
artistic director Gustavo Matamoros and David Dunn. Together, the new works will become a
continuous hybrid installation - a combination of automated, interpretative and interactive sound art
pieces and lectures by the artists involved. At times, the production will be orchestrated as a group
ensemble of automated sound works to be approached as an exhibit, allowing different combinations of
unique pieces to be experienced as constantly changing solos, duets, trios, quartets, and full ensemble.
The new works will represent the full spectrum of sound art from sculptural works to media
installations and related events. The exhibit will be the most comprehensive representation of this genre
to appear in the Miami area.
SOUND (the show) will be a major component of the 20~' Subtropics Experimental Festival of Music and
the Sound Arts. This one-of-a-kind show will occupy the main gallery at the Bass Museum of Art over
the three-week period from February 26 through March 15 of 2009. We estimate that the joint efforts of
both organizations to market this event will yield an audience of over 2,500.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projecfs 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.
Anticipating the success of this exhibition, The Bass Museum of Art has requested that the dates for
SOUND be extended from 3 weeks to 5. The new dates are February 26 -March 29, 2009. SFCA is
confident that with some minor budget adjustments, it will be able to complete this project successfully as
planed. The extended dates will increase the expected attendance by another 1000-1500 visitors. In
addition, SFCA is happy to announce that we will also be programming ALL of the Subtropics Festival
events in Miami Beach. This is possible due to our partnership with Miami Beach Senior High, which will
be hosting our concerts in their brand new auditorium. Beginning in January 2009, SFCA's interdisciplinary
Sound Arts Workshop will host artist-in-residence activities for students currently enrolled in audio
recording, music and film classes that will prepare them for real world experience as assistants in the
Festival's production. Students will also be involved in the set up of the SOUND exhibition.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: South Florida Composers Alliance
Date(s) of Project: 20th anniversary Subtropics Experimental Music 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 26500 Admissions 2500
Personnel -technical 5000 Contracted services
Personnel -administration 2000 Tuitions
Outside artistic fees/services Corporate support 2500
Outside other fees/services 2500 Foundation support 11650
Marketing/Publicity 10000 2900 Individual support
Space rental Government grants
Travel 5750 5100 Federal 10000
Utilities State 2500
Equipment rental 2500 2000 County 18000
Office supplies
Insurance/Security
Other Costs: (Itemize below)
supplies/materials 1500
Total cash expenses 55750
Total in-kind expenses 10000
Total project expenses 65750
CASH 8~ IN-KIND
Other Contributions (Itemize below)
City of Miami Beach Grant Award 8,600.00
Total cash revenues 55750
Total in-kind revenues 10000
Total project revenues 65750
CASH 8~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: South Florida Composers Alliance
Date(s) of Project: February 26 -March 29, 2009
Grant Award: $8,600.00
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may
only be spent within budget categoriesdeclared 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 8600 Equipment Rental
Personnel -technical Space rental (Performance
Related Only)
Outside artistic fees Insurance (Performance
Related Only)
Marketing/Publicity Total Other Costs (itemize
Below)
Panting
Postage
Grant requirements
Description Amount
TOTAL (must equal grant award): 8600
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 orevent. 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
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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 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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