ArtCenter/South Florida J
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M I AMI BEAC
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011/12 Cultural Affairs'Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I / Grant Description
1. Grantee: ArtCenter /South Florida
Grant Contact: Kim Kovel
Address: � 924 Lincoln Road
City, State, Zip: Miami Beach, FL 33139
Phone, fax, e-mail: 305- 674 -8278 kim @the- beach.net
2. Grant amount: $19,916.51 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2 -A Project Budget and 2 -13 Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2011
6. Expenditure deadline: September 30, 2012
7. Project completion date: September 30, 2012
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. 3 „n
IN WITNESS WHEREOF, the arties hereto have executed this Agreement this .� day of �� , 2011.
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Matti Hedfrera Bower, Mayor Signature
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Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
A A P a,�
Robert Parcher, City Clerk The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) this 2. day of d3ovelo r'- v 2011, by
of
'1 -k a not- for - profit
' 7 corporation. He / She is personally known to me or has
produced as
identification. �......
GRANTEE:
Federal ID #: 59- 2423867 Signature of Notary Public
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BY: Kim Kovel
Printed Name of Organi iation's Authorized Representative Notary Name: 1= , A� V_V-e V/
(City Attorney Approval Here) Notary Public, State of Florida
ARPROVED AS TO Fob
FORM & LANGUAGE o e
&FOR EXECUTION MY C o Cep, 2� C)
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9) ttorne Date
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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 Manager or his authorized designee, who shall be the City's.
Cultural Affairs Program Manager.
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 A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash, other matching grants and /or In -Kind contributions not in excess of 25% of the
total cash project budget. Line item changes to said Budget shall not exceed ten percent (10 %) per category,
and shall, in no lievent, 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. Said requests shall be made in advance of the project's
commencement, 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 with a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2012, must submit their final reports no later than November 15, 2012. New Grant awards
will not be released until all Final Reports for previous years' funding are received.
4. Amount of ran n Payment G t and P y ent Schedule The total amount of the Grant is specified in Article I -2 (subject
to the restrictionsitherein). In awarding this Grant, the City assumes no obligation to provide financial support of
any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
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5.. Program Monitoring and Evaluation The Cultural Affairs Program Manager may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantees programs, procedures, and operations, or to discuss the
^ Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey
adopted by the Cl Itural Arts Council to obtain specific feedback from program participants.
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 with the identity and title of individuals authorized to withdraw or
write checks - on Grant funds.
7. Accounting and Financial Review Funded activities must take place within the City's fiscal year for
which they are approved (October 1 September 30).The Grantee shall 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, including, without limitation, vouchers, bills, invoices, receipts and canceled checks,
shall be dated within the fiscal year for which they are approved and 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 City, and /or its authorized
representatives, lat the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the; City may, at its expense,. audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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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 11 -12.
9. Liability I and Indemnification The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense; which the City or its officers, employees, agents and contractors 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 officers, employees, agents, servants,
partners, principals or contractors. 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. Granteei expressly understands and agrees that any insurance protection required by this Agreement,
or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and
defined the City o I r its officers, employees, agents and contractors 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 shall not be 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.
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 VI I of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein.
12. Defa u It/Term i nation Provisions In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager 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 bykki the Grantee, as of the date that the written demand is received.
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In the event that this Grant is terminated, the following provisions will also apply:
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a. For first -time violations — Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (first half) up to the termination date.
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 grants in future fiscal years.
b. For more than first -time violations - Any compliance infractions beyond first -time violations will be
considered by the Cultural Affairs Program Manager, on a case -by -case basis. As part of his consideration, the
Cultural Affairs Program Manager 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.
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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 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 a certified check for the total amount due', payable to the City
of Miami Beach, Florida.
These provisions shall 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 lany 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 the breach or 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 1 -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 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 agreeme nt 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.
j Article 1.11 / Miscellaneous Provisions
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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 /or services recommended for
support. As such,' use of Grant 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 Gant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
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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 comp) with City of Miami Beach Human Rights Ordinance as
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codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial 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.
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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 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; ArtCenter /South Florida
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
The City of Miami Beach's Cultural Arts Council awarded funds to the ArtCenter /South Florida to provide a
full season of programming and operations for fiscal year 2011 -2012. Programming includes hands -on art
instruction for students of all ages; free arts literacy outreach in Doral, International Mall and Shenandoah
Libraries in cooperation with the Florida Center for Literary Arts at Miami -Dade County. Public Library
system; public exhibitions in the organizations public gallery, three walgreens locations, and the City of
Miami Beach's public gallery; and, administration of an open studio program involving adjudicated artists
and leasing of affordable workspaces for professional artists.
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.
The ArtCenter /South Florida's originally proposed project will remain the same, with some changes in the
exhibition calendar. These are indicated in Exhibit A (see attached)
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Exhibit 2 -A: Project Budget / Revised Total. Project Budget
Name of organization: ArtCenter /South Florida
Date(s) of Project: October 1, 2011 to September 30, 2012.
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 186,904 Admissions
Personnel - technical Contracted services
Personnel - administration 336,437 Tuitions 145,600
Outside artistic fees /services 111,525 60,000 Corporate support 116,787 12,050
Outside other fees /services 32,125 42,000 Foundation support 10,000
Marketing /Publicity 22,175 12,050 Individual support 69,079.49 42,000
Space rental Government grants
Utilities 104,760 Federal
Equipment rental. 8,523 State
Office supplies 2,880 County 97,955
Other Costs: (Itemize below) Other Contributions (Itemize below)
Lauren .Condo 38,490 Rental 465,418 _
Building Maintenance 110,006 Fundraising 25,000 60,000
Bank fees 5,800 Membership 20,500
Supplies /Materials 10,631
City of Miami Beach Grant Award 19,916.51
Total cash expenses 970,256 Total cash revenues 970,256
Total in -kind expenses 114,050 .Total in -kind revenues 114,050
Total project expenses 1,084,306 Total project revenue 1,084,306
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: ArtCenter /South Florida
Date(s) of Project: October 1, 2011 to September 30, 2012.
Grant Award: $19,916.51
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 (Performance
Related Only)
Outside artistic fees 14,000
Marketing /Publicity 3,916.51 Total. Other Costs (itemize
Below)
Printing
Description Amount
Postage Supplies /Materials 2,000
TOTAL (must equal grant award): 19,916.51
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;
• 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):
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• 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
• Insurance Fees (Cultural Anchors excluded from this restriction)
• 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 and has been previously approved as such be the Cultural Affairs Program Manager
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). Invoices AND checks must be dated within the 2011 -12 fiscal
Year
• Proof of logo and credit Fine in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
A
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South Florida Art Center,. Inc. d /b /a ArtCenter / South Florida
Exhibit A
Exhibitions /Public programs Calendar for 2011 -2012
10/7 —11/13 Newly Juried Artists This annual showcase presents our newest editions to the,ArtCenter's Juried
Artist Residency Program. This show is a testament to the talented hard working individuals that
compose the dynamic environment that the ArtCenter cultivates. Artists will include the following
2010 juried artists: Tony Chimento, Pablo Contrisciani, Katerina Friderici, Peter Hammar, Tom
Cocotos, Rosa Naday Garmendia, Lissette Schaeffler, and Antonia Wright.
11/18- 01/12 Center of Attention Art Basel show featuring the ArtCenter /South Florida artists
01/07 -02/19 Potential Amendments This show is based in structure, form, and mark making. All three artists
work within made and found forms, .conceiving possibilities that allow for reworking,
acknowledged errors, purpose and process. Vincent and Jenny uniquely employ architectural
spaces as the starting point for their compositions and then allow the paintings and drawings to
build on and
take from the initial structure. Moira constructs mixed media sculptures
which also propose to function as architecture, in that they house her related video work. The
built forms respond to the video animations as a tactile reinforcement for the concepts of the
video animations.
02/24- 04/01 Mapping Time and Space The artists consider and execute alternative and experimental ways of
conceptualizing the map, its meanings-and its uses; converting the utilitarian object to a
philosophical gateway.
04/06 -05/06 Winning Art/ Annual Benefit Raffle ArtCenter's annual fundraiser, Winning Artl, featuring all of
ACSF resident artists. Closing reception /event includes the raffle drawing and silent auction.
05/11 -06/17 Of Lost Time This show features the sculpture of London Tsai who describes his work as "a
- collection of fantastic objects that are both of my internal life and of the collective unconscious"
06/22- 07/22 Alex Heria and Adriana Carvalho 2 solo exhibitions celebrating these artists' work at the
culmination of their residency at the Art Center South Florida..
07/27- 09/02 By Hand This show brings together a range of artists working in multiple disciplines. All have deep
roots in the community and have deeply rooted traditions to draw from.Each artist creates with
an intense and time consuming method of production that is obvious in the final product, yet the
works are held together conceptually by their ability to intimately engage viewers. What is visible
in this painstaking work is not just labor, but the joy of making. Fron books and prints, to painting
and installation, each artist initiates a dialogue withtheir work that brings viewers in to touch,
read, examine, and soak up details.
09/07 -10/14 Land -scape (You're the only thing that keeps me from disappearing) Artists whose work focuses
on allegorical narratives that challenge what may be familiar perceptions of our own surroundings
through unconventional materials. Thus, proposing alternative methods of reconsidering our own
presence. Many of the materials these artists incorporate into their work are often shunned by
local Miami artists due to their lack of "high art" aesthetics but also due to some limits in
accessing historical understanding of cultural practitioners outside of the Miami art scene. (text
by Gean Moreno)
Education Programs
ArtStudies This program provides tuition based hands -on art instruction for all ages since 1987. Classes are
geared toward students with varying degrees of experience, and subjects include B &W photography and
processing; digital photography; drawing; painting; Art Studio school for kids, and Knitting.
1. Fall 1: August 29- October 9
2. Fall 2: October 24- December 4
3. Winter: January 9- February 19
4. Spring 1: March 5- April 15
5. Spring 2: April 30- June 10
6. Summer: June 25- August 5
7. Fall 1: September 3- October 14
Art Camp ArtCenter's 14 year -old summer arts enrichment and instruction program for children ages 6 -14.
Camp includes four, two -week sessions starting in June and ending in August and teaches children creative
expression using a variety of media, from drawing, painting and sculpture, to anime and stop - animation films.
June 11 —June 22
June 25 —July 6
July 9 - -.July 20
July 23- August 3
Story Time A community outreach visual arts /literacy initiative that engages 4 -8 year -olds and their
parent /caregivers in creative interactive art bookmaking and exhibition opportunities. The program is a
collaboration between ArtCenter, the Florida Center for Literary Arts at Miami Dade College, and the Miami Dade
County Public Library System, and takes place once monthly in the Doral Library and the. International Mall Library,
this program is being supported by the NEA grant granted to the ArtCenter to expand the program to a second
location until May /2012. Thanks to the success of the program, the ArtCenter is being able to expand the program
to a 3 rd location at the Shenandoah Library from October 2011 to September 2012 and it's by the Youth
Enrichment Program Grant at Miami Dade County.
Doral Library:
1. October 22, 2011
2. November 9
3. December 10
4. January 28, 2012
5. February 25
6. March 24
7. April 21
8. May 19
International Mall Library:
1. October 8, 2011
2. November 5
3. December 3
4. January 14, 2012
5. February 11
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6. March 10
7. April 14
8. May 5
Shenandoah Library:
1. November 26, 2011
2. December 17
3. January 21, 2012
4. February 18
5. March 17
6. April 28
7. May 12