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Grant Agreement This Grant Agreement is entered into this _ Ii Beach, ,Florida, i on behalf of the Miami Beach 1~ I\JteJi'L~(t ()A~(JV'61 'S'12~~1 (iP Ct. (Grantee). OTY OF MIAMI BEACH CULTURAL ARTS COUNOL GRANT AGREEMENT - .~ (C{ day of f-ch r L OJ".) 1m between the City of Miami Cultural Arts Coun81 (collectively the City) and ARTICLE I DESCRIPTION OF GRANT 1. Grantee: Address City, state, zip Phone, fax, email Florene Litthcut Inner City Children's Dance Co. 2270 N.W. 72 Street Mi~mit Florida 111?7 (305) . 691-0404 2. Total Amount of Grant: $ 9,000 (50% to be paid upon execution of this Agreement. Remaining 50% paid upon completion of project, submission and approval offinal report.) (See Exhibit I, attached hereto.) (See Exhibit IT, A and B attached hereto.) September 30. 2000 No later than 30 days after project completion. 3. 4. 5. 6. Project Description: Itemized Budget: Expenditure Deadline: Report Deadline: IN WITNESS WHEREOF, the parties hereto have executed this Agreement this : dayod;b,ViUY,~- AFfI7ST: / _ ([lCu u1 I c( L ( ~( '---- Robert Parcher, City Clerk CITY BEACH Neisen din, Mayor . G~TEElFlorene Litthcut Inner City Child. Dance Co Print Name of Organization Federal 10 # 59-2032637 (Grantee's Corporate seal) BY: Mi cI:Iae 1 Co 1 e Printed Name Qf Chairman or President APPROVED AS TO FOR/'{' & LANGUAGE & FOR EXECUTtON Signature ~' i/I ) 'V~/;~> '*." NIorMy ~ D.lo BY: Fl~rene Litthcyt Nichols Printed Name of Executive Director (~~4!!1d; /uc/;i~ Signature (/1- 2 >; 2 ~ J~' 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 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 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 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. 3. Reports: This Grant has been awarded with the exception 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 according to the schedule listed under Article 1-6 herein. 4. Amount of Grant and Payment 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. Program Monitoring 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 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 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 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 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. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, ail 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 Miami Beach Cultural Arts Council logo and the following credit line in ail publications related to this grant: WIm THE SUPPORT OF THE AM YOR AND CITY COMMISSION OF mE CITY OF MIAMI BEACH AND THE MIAMI BEACH CULTURAL ARTS COUNCIL Failure to do so will hinder future funding from the Council and the City of Miami Beach. 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and instruments from any and aIlliabiIity, 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 :r '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, subjec~ 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 anyone person which exceeds the sum of $100,000, or any claim or judgment or portions thereot: 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. 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 Ordinance No. 72-82 (Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance) as amended, which is incotpOrated herein by reference as iffully set forth herein. 12. Remedies and Expenditure Deadline: 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 demands 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's Cultural Arts Council 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 a1110st 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 remedy 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 offailure 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 certified letters addressed to the Grantee at the address specified in Article 1-1 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, 4th Floor, 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 SPEGAL CONDITIONS The Grant awarded to this organization is the result of an extensive public review process which found that the organization 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 the Articles of this Grant Agreement. . 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 US.c. 2000d et seq.) prohibiting discrimination on the basis ofrace, 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. ;r City of Miami Beach Cultural Arts Council Exhibit 1 Revised Project Narrative Organization: Florene Ltthcut's Inner City Children's Dance Co. Project title: Getting Our Act Together and Putting It On the Road The Project Narrative is a complete description of the proposed project or event as approved by the Grants Panel based on the original application. Please include the number of events, participants, locations and audience to be served. Also, please include a brief statement indicating how this event will be made available to the public. Include all necessary changes in the program if funding received is less than the original request. Narrative The project "Getting Our Act Together and Putting It On the Road" consists of a Triple series of Free Public Performances featuring the Florene Litthcut's Inner City Children's Touring Dance Company. Combining the history, diversity and traditions of Black dance and music, a cast of 30-50 talented dancers, musicians and actors, ages 5 through 26 will perform 90 minutes of eclectic repertoire of music and dance ranging from Negro Spirituals to Big Band, from Classical to West African influenced rhythms. The 71 st Street North Shore Community Center, 7272 Collins Avenue, Miami Beach is the venue for the performances. Two (2) performances will be scheduled for Saturday, April 15, 2000 and one performance on Saturday, May 20, 2000. The primary focus is to provide Artreach to Miami Beaches multicultural and multigenerational audiences and to bridge the African American Community with the residents of North Beach. Qty of Miami Beach Cultural Arts Council Emmit 1: Reviled Project Budget A. Total Project Budget Name of organization: _Fl()(en.e. k:tlhcvtts r~ d'b, ~I (&wi; Ds.vCLCeJ. Projcottitlc: 6tf:lfl"'1 f2()( Rc:f" fb~ QIftIi alii"", it- c9-n ~RoctJ Dote(s)ofprojcct: ~ /5 - f --l'tJelIf ~,!:-.'LCOJ List cash expcatcs and eash revenues specifically jdfml;i6ed with your prognD, projcet or eveats. Round off all nurnben 10 the MtlTesl dollor. EXPENSES REVENUES cash in-kind cash io-kiDd PetIOIJIIeI - artistic ~ DOl) ,Admissioas Personnel -Iccbnical IJ~co 500 Contracred services Personnel - 8dmioistrati.on 5} (:)60 Tuitions Outside artistic feeslscnices Corporate support Outside other feeslservices ~~ Foundation support MarkctinglPublicity lodividual support ~O Space rental GoYCl'DlDCllt grants Travel Federal Utilities State Equipment rental IJhoD Office supplies .300 InsuranceISecurty 1()O Other Costs: (Itendt.e below) Other contributions (Itemir.e below) Cns-W~ ~/{JOD dcPO <hut awanl -$~ qotJV Total cash revenues ' Total in-kind revenues ~ ~~ Total project revenues J - (cash + in-kind) Total cub expeIISeS Total in-kind expenses Total project expenses qooo ~~ (caSh + in-kind) aty of Miami Beach Cultural Arts Council Esbibit 2: Revised Project 8ucI&et B. Gnat Award Budget Name of organization: Eo fe;\t:. ltf'hc.c1 -1='nntJL C, ~ lcWn } ~tUla-U> Project title: GeAklf:Y1 (!Jc)( a-x tc> ~ Q;Y.i R~ ~ ~ j Date(s)ofproject:, .' .." Apl"/ISth.p N~ ~O;h dCDO Oirections: ~y ideotify and i~ cash t.xpaIICS to be expaIded mm gmat 1UDds. Grant 8W8RIs may ooly be spent within budget categories declared below. Grant Expenses Persooncl- artistic Penoooel-~ ~ J.DO .()O Space rental Mm:ketinglPublicity .i 000 . 00 Outside other fees .00 Personnel- administndve Travel (local only) Outside .ustic fees q60.00 Other costs (lt~ below) 1<ylWL 71lU~ ~YY)i,S L&~Wlj) ~ :1 tfO. Ob :l;OOO. 00 I) ~ tJO TOTAL q) 000 " <bot roquin:mems: Gr8Id 1IIOIIies"..," qtlJItwiIbiD budpt......- DpOIl in cootnct All pub.....~ wida... o.ch ~ ArB c....- pIIIllllppOlt JJIIIIt include die CouIdJ'sJoao -' tile ~ byUaa -willi the -wort of the ~tIIId City eo.u.u.loIf of the Cltyofu-J &eII.the ~ &tM:Itc.JtaralArD Cotmcir' Gnat ftaada .., aut lie ... fer: llllill,....-4ioa of City employees for -.y IClIViccs rmdaal..... of. projclot RXlCivioI a p1BIl frou1 the C-Ily ofNiaDi:Badl CUlIunlAds COIDlil "Briab........ Olr ~-- -~...- <r---t .....DClClllfllll]' for ~ projcot may be purc:bIIIIelI if1bo price is _111m whit is would cost to RIIlIbo c:qnipment) Debt teduotion Out..oC-couaty craveI or traDIIpOdIdoo FU11draisiD8 cvcots HDspit8tily avadB Ev.a BOt opea to dJe public