Unidad of Miami Beach, Inc.
. City of Miami Beach Cultural Arts Council
.
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this I ( day of M o,y . 2001 between the City of Miami Beach,
Florida, on_ b~f _of- th'1 pty o( Miami Bpach Cultural Arts Council (collectively the City), and
U I\J~o-r )"lIClw1l-fS-t'Clch,.J:V\(. (Grantee),
. ,
Article I / Grant description
I.
Grantee:
Address
City, state, zip
Phone, fax, email
UNIDAD of Miami Beach. Inc.
1 7nl Nnrm~nl'lj' nl"'i"lTP
Miami Beach. FL/ 33141
10, - 867 0051 Fax 305 - 867 0052
mbhcc@bellsouth.net
2. Grant amount: $ <;, nnn nn .50% paid upan execution of this Agreement.
Remaining.5O% paid upon completion of Project, submission and approval 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 1l day of ~ 20!
crrro'rIICH
1i!J
Neisen Kasdin, Mayor
j~l\J PCLl~
Robert Parcher, City Clerk
GRANTEE! UNIDAD of Miami Beach, Inc.
Print Name of Organization
Federal ID# 65-0584874
BY: Victor M. Diaz, Jr.
Printed Name f an or President
-----
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
Gancedo
Margarita Cepeda
Name of Execu 've Director
/fAI U11fJ.IJ~_ !-D-<f-<W
~ 0aIlt
Article II / General conditions
I, 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 ofthe 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. I. All expenditures will be subject to the tenns 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 fonnally request authorization via a letter to the Director of the Council detailing
and justifYing the changes. All Grant recipients must participate in Miami Beach Second Thursdllys (see Article
Ill-I 9).
The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No. I, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offcring rehearsal space, worldng on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s),
Miami Beach "Anchors" for 2000/2001 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-FIU
Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualifY 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 Pavment Schedule: The total amount of the Grant is specified in Article 1-2. By making
this Grant, the City assumes no obligation to provide fmancial 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. Pr02rall1 Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of
opemtions 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) yell1'S 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 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 Beflch Cultund Arts Council logo 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 s\lffie manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below,
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 instrnmentalities 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 instrnmentaJities as herein provided.
Ifthe 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 injwy 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 injwy or property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the Grantee entity.
10, Assil!l1lllent: 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 11-12, below.
II. 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 VII of the Miami Beach City Code, as amended, which is incorporated herein
by reference as if fully set forth herein.
12. Defaultffennination Provisions: In the event the Grantee shall fail to materially confonn with any ofthe
provisions of this Agreement, the Director ofthe 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 I -5 must be returned to the City within fifteen (15) days after the
Expenditure DeadJine; 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. Indul~ 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 Agreen.ent 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-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. Captions Used in this ~t: 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 Aereement: 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 HI 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
Agreement 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 of1964 (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 of1990 (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 cultural
open house on the second Thursday of every month. Free arts events will be held at multiple 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 n - 12 herein,
Exhibit 1 / Revised Project description
Organization: Miami Beach Risnanie Community Center Project Title: Second Thursdav Literary
Series at the Coral Rock
House
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, detail the
organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list speciti(S about their
menta ring program.
The oril!inal Droposal
The project as approved was a series of five literary programs intended to broaden the offerings of
Miami Beach's "Second Thursday" arts showcase by using MBHCC' s Coral Rock House at 170 I Nonnandy
Drive to host a series of Second Thursday literary events. The series will focus on authors and poets who focus
on themes of interest to the Latin community in South Florida, and to those with an interest in Hispanic culture.
Most writers will live in South Florida or spend considerable time here.
This series will broaden the Second Thursday audience in three ways: (I) by offering a venue in the
North Beach/Nonnandy Isles community; (2) by utilizing the Coral Rock House as a well-designed setting
which is conducive to literary readings and to interaction between an author and the audience; and (3) by
focusing on South Florida authors with Latin themes who will appeal to a large and growing Hispanic
constituency in Miami Beach and in nearby communities.
As originally proposed, the five programs would have included selections from a somewhat longer list
of options: a journalist; a panel of mystery writers with a Latin/South Florida focus; Jorge Ramos, author and
news anchor for Univision; an author with a national/international reputation; perhaps a senior-generation
writer; and a poet or storyteller. At the time of the original proposal, final selections had not been made.
Proposed revision
As of today, May 10, 200 I, we propose to conduct a series offour rather than five literary presentations. This
will allow coordination with the planned emphasis on "Invitation to the Arts" at the Jackie Gleason Theater in
September. Each presentation will feature a reading or presentation by the author, with time for interaction with the
audience
The first is scheduled for this evening, May lOth, with Enrique Ros, historian of the contemporary
Cuban experience (both in exile and on the island) as the featured writer.
The second in the series, on June 14th, Jose Marmol, who is an Author, Journalist and Columnist at
the Nuevo Herald, with the topic: a Reporters Perspective of Latin American Literature and Media in South
Florida. Mr. Jose Marmol has already confinned his participation.
On June 14th, the third presentation on July 12th will feature one of two options now under exploration.
One would be a panel or presentation featuring one or more Latin-oriented or South Florida mystery writers.
The alternative would be a presentation by a Latin poet or storyteller.
The last presentation scheduled for August 9th will feature one of two literary figures :will feature Jorge
Ramos, author of The Other Face of Latin America and news anchor for Univision; or Robert Suro of the
Washington Post and author of Strangers Among Us. Fonnal invitations have been sent to both Authors,
waiting on timely response.
We are doing extensive publicity for this series, and would appreciate the opportunity to coordinate
publicity with efforts made by the Miami Beach Cultural Arts Council to publicize the entire Second Thursday
senes.
Exhibit 2: Revised Project Budget I A. Total Project Budget
Nuestra Herencia Hispana
Nameoforganization:UNIDADof Miami BeachprojectTitle: Cultural Arts Series
Date(s) of Project: May through September 2001
Attach a ropy of the total Project budget or list cash expenses and cash revenues specifically
identified with your program, Project or events. Rnund off all numbers to the nearest dollar.
EXPENSES
cash
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services 3, 000 . 00
Outside other feeslservices
MarketinglPublicity 2, 500.00
Space rental
Tnvcl 500.00
Utilities
Equipment rental
Office supplies
Insurance/Security
1,700.00
REVENUES
in-kind
cash
Admissions
Contracted services
Tuitions
1,000.00
Corporate support
Foundation support
Individual support
Government grants 8,000.00
Federal
State
in-kind
Other contributions
(ItMliu bdow)
1,500.00
Other Costs:
(Itemize below)
M.B.H.C.C.
Hospitalitv Cost 500.00
Administrative Overhead 300.00
Total cash expenses
Total In-kind expenses
Total project expenses
Grant award
8.000.00
1,500.00
9.500.00
(cash + in.kind)
Total cash revenues 8, 000. 00
Total in-kind revenues1, 500.00
Total project revenues9, 500.00
(cash + in-kind)
"
Exhibit 2: Revised Project Budget I B. Grant Award Budget
UNIDAD of
Miami Beach, Inc.
Name of organization:
Project Title:
Nuestra Herencia Hispana
Cultural Arts Series
Date(s) of Project: Mav throu"h Sentember 2001
Directions: Identity and itcm~ casn expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
GraDt EXDeIlHll
Personnel- artistic
3,000.00
Personnel - technical
Personnel. administrative
Space rental
Travel (local only)
MarketlnglPublicity
1,700.00
Outside artistic fees
Outside other fees
Other costs
(ltelfllu 6dow)
Eauinment Rental
300.00
TOTAL 5,000.00
Orlllt requirements:
Grant monies _t 1M IIJIftl within budget calegorillll agreed upon in contract
All publications BlBOCillted wilh Miami Beach CUltural Arts Council annt support must include the City
of Miami Beach Cultural Arts Council's logo IIId the fuIlowing byline "City of Miami Beach"
Grant lundl may not be ued for:
Remuneration of City anp~ fur any servlCllll rendered as pert of a projegt receiving a gnurt from lbe
City of Miami Beach Cu1tural Arts Council
"Bricks and mOl18r" or permanent equipment (permanent equipment necessary fur proposed projegt may
be purchased If the price is less than what is would cost 10 rent lbe equipment)
Debt recluctIon
Out-of-county lI'avel or lI'aR8portation
Pundraising events
Hospitality eventll
Events not open to lbe public