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Center for Folk & Comm. Art , r , . tit City of Miami Beach Cultural Arts Council MIAMI BI!ACH 200212003 Cultural Arts Grant Agreement A'W cou~clL ~k/M.~ . ~us_ This Orant Agreement is entered into this Jf.J tt day of "110// eH'f1gel;2oo2, between the Cilyof Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Center for Folk and Community Art (Grantee). Article II Grant Description 1. Grantee: Center for FOlk and Community An Address 1800 Michigan Avenue City, state, ZIp Miami Beach Fl33139 Phone, fax, e-mail (305) 534-8807 (305) 538-4081 cfcmuralS@aol.com 2, Grant amount: 3,000 50% paid upon execution ofthis 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 and 2-8, attached hereto 5. Contract deadline: October 31, 2002 6. Expenditure deadline: September 30, 2003 7, Project completion date: 5~. .;2i) (;> ~ ' 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. parties hereto have executed this Agreement this t.PZt!: day of BY: ~ Prin ~ 0)..-: ate . nature BV: 'dt/J11IO C C ~ p~urr i i N~'m'~ ~. L((^. . nature O?t APPROVED AS TO GUAGE & FOR EXECUTION ~~f~ Robert Parcher, City Clerk Date , (f' j (Corporate Seal) fle-v,-r;e Fe v,eive Vi(eo-w~ {\AJ-/tt'rhrU 5 1'5 rv-JU(W~ (J)V tv) ~ , ' Article III 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 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 DescriDtion: 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 Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justifying the need for such changes, All Grant recipients must participate in a minimum of one Second Thursdays (see Article 111-19). The following City of Miami Beach "Anchors" are required to provide specific information in their Project Description, attached hereto as Exhibit No, 1, for providing mentoring to a small to medium arts organization(s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s), Miami Beach "Anchors" for 2002/2003 are defined as follows: ArtCenter/South 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 information 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. ReDorts: 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 Director of the Council with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 45 days of the Project's completion. Miami Beach Anchors ONL Ywill submit an interim report in April 2003 to receive the up to 50% of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due no later than 45 days after the completion of the City's Fiscal Year on September 30,2003. 4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions 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, Prooram Monitorino 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. Page 2 of 8 l \ 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. Accountina 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 ofthe Councilor 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, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicitv and Credits: The Grantee must include the City of Miami Beach Cultural 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 same manner as if Grantee defaulted under this Agreement, pursuant to Article 11-12. 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, 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, 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 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 ancLall 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. Assianment: 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, 11. ComDliance 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 iffully 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. DefaultlTermination Provisions: 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 Page 3 of 8 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 ofthe date ofthe 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 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 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. Induloence 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 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 1-1 of this Agreement, and to the City when addressed as follows: Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. CaDtions Used in this Aoreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in anyway limiting or extending the language or provisions to which such captions may refer. 16. Contract ReDresents Total Aoreement: 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 1111 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: Page 4 of B 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 ofthe 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 a minimum of one .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 of Miami Beach. 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" -12 herein. [The remainder of this page is left intentionally blank] Page 5 of 8 Exhibit 1/ Revised Project Description Organization: Center for Folk and Community Art Project title: Telllno Stories Throuoh VIsuals Art WorkshoDSlMovable Mural Exhibitions Proposal. as approved by the Grants Panel: This proposal is for the continuation and expansion of our Telling Stories Through Visuals program to include hands-on art- making workshops addressing various social issues; an exhibition of the project-related Muralffapestry; as well as hands-on art activities at the 73n1 Street Band Shell for adults and children to actively participate in creating Valentine's or Mother's Day cards (using our Tel/ing Stories Through Visuals program) on a date coinciding with 2nd Thursday events. This season (Oct, 31,2002 - Sep. 30, 2003) we wilI increase the number of Miami Beach workshop participants and expand our Mura1 exhibitions for: . "Art From The Heart - An American Tapestry" - People of all ages relate how their lives and feelings have changed since the 9/11 attacks on America. . "I Didn't Mean To Hurt You - Teen Date Abuse" - Teenagers relate their experiences with and feelings about emotional, physical and sexual abuse in stories and art, thereby empowering them and their peers to act and react appropriately. Our innovative Telling Stories Through Visuals program is used to guide participants through a process in which they bring their personal stories to life through colorful illustrations on individual pieces of canvas, using paints, markers, and pastels. These writings and artwork become part of a dazzling, montage-style movable Mural or Tapestry which is displayed in public venues to enlighten the greater community about the power of art to convey important messages. Project Participants will include more than 100 individuals who attend Miami Beach schools and/or civic groups, as well as community members who are impacted by the issue(s) the projects address, Schools targeted include Miami Beach Senior High and Nautilus Middle schools, Participating civic organizations include, but are not limited to, Temple Beth Sholom, Espanola Way Senior Center, South Beach AIDS Project, and AYUDA To coincide with 2nd Thursday events, on February 13111 (pre-Valentine's Day) and/or May 1<J'h (pre-Mother's Day), CFCA will facilitate an art session at the 73n1 Street Band Shell, These sessions will also be open to public participation, including community members of all ages. Using our innovative Telling Stories Through Visuals process, participants will create personal Valentines and/or Mother's Day cards for their friends, and loved ones. CFCA MuraIs will be publicly displayed throughout the year, Miami Beach exhibition venues will include, but will not be limited to, the Botanical Gardens, City Hall and SunTrust Bank on Lincoln Road. Outside Miami Beach, the Murals will be displayed at the North Miami Public Library, Mrican Heritage Cultural Arts Center, Riverwalk Center, the Caleb Center, participating schools and other public venues, Workshops (a series of9-hour sessions) will be facilitated during the school year, and Mural exhibitions will take place October 31, 2002 - September 30, 2003. The 2nd Thursday hands-on creative art participatory event(s) will occur on February 13th and/or May 8th. REVISIONS: Because of the substantially lower amount of funds forthcoming from Miami Beach CAC, we are cutting back on the number of worKshops to be facilitated, as well as the number of muralltapestry exhibitions at Miami Beach locations. A worKshop series for the Teen Date Abuse project will be facilitated at Miami Beach Senior High School; and the Teen Date Abuse Mural will be exhibited at an appropriate Beach venue (at the school or at the Botanical Gardens). A worKshop series for the Art From the Heart project will be facilitated at Temple Beth Sholom Hebrew Academy, and a special event to exhibit the Tapestry will be held at the Amdur Gallery at the Temple, as well as an exhibit of the Tapestry at another public Beach Venue - the Botanical Gardens or City Hall. We will coordinate a Mother's Day card-making event to coincide with the May 19th 2nd Thursday event. Page8of8 Exhibit 2.A: Project Budget I Revised Total Project Budget Organization: Center for Folk and Community Art Project title: Telllna Stories ThrouGh Visuals Art WorkshoDSlMovable Mural Exhibitions Dates of Project: October 2002 - Seotember 2003 EXPENSES REVENUES CASH IN-KIND CASH IN-KlND PERSONNEL - ARTISTIC 15,000 8,000 ADMISSIONS 0 0 PERSONNEL-TEcHN~AL 500 0 CONTRACTED SERVICES 5,000 0 PERSONNEL - ADMINISTRATIVE 7,000 5,000 TumoNs 0 0 OUTSIDE ARTlSnc FEES 0 1,000 CORPORATE SUPPORT 4,000 11,000 OUTSIDE OTHER FEES 500 0 FOUNDATION SUPPORT 15,000 MARKEnNGlPUBUCITY 8,000 5,000 PRlVATElINDMDUAL SUPPORT 13,000 SPACE RENTAL 2,000 5,000 GOVERNMENT GRANTS: TRAVEL 1,000 0 FEDERAL UnLmES 1,000 0 STATE 5,000 EQUIPMENT RENTAL 0 0 COUNTY 5,000 OFFICEI PROJECT SUPPUES 2,000 0 INSURANCE 0 0 GRANT AWARD AMOUNT 3,000 OTHER COSTS: 0 0 OTHER REVENUES: Total Cash Expenses 37,000 Total Cash Revenues 37,000 Total In-kind Expenses 24,000 Total In-Kind Revenues 24,000 TOTAL PROJECT EXPENSES: $61,000 TOTAL PROJECT REVENUES: $61,000 Page 7 of 8 ;, Exhibit 2-B: Project Budget I Revised Grant Award Budget Organization: Center for Folk and Community Art Project title: Telllna Stories Throuah VIsuals Art WorkshoDSlMovable Mural Exhibitions Dates of Project: October 2002 - SeDtember 2003 Directions; Identify and itemize cash expenses to be paid from grant funds. Grant Awards may only be spent within budget categories declared below: Grant exoenses Personnel - artistic 3.000 Personnel - technical Personal - administrative Space rental Marketing/Publicity Outside other fees Travel (local only) Outside artistic fees Other costs Total $3.000 Grant requirements: Grant monies must be '".nf wtlhIn budget categories ageed upon In oflglnal contract All pubications associated with Miami Beach Cultural Arts Council gant support must include the Council's logo and the following bylne .wlth the support' of the City or Miami Beach" Grant fUndI may not b. u..d for: Remuneral10n of City employees for any sEllVlces rendered as pat of a project receMng a grant from the City of Miami Beach Cultural Arts Council ''Bricks and morta" or permanent equipment (permanent equipment necessay for proposed project may be purchased II the price Is less than what Is would cost to rent the equipment) Debt reduction OUt-of-county travel or transportation Fundralslng events HospItaBty events Events not open to the pubtc Page 8 018 .