Grant Agreement
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
GRANT AGREEMENT
This Grant Agreement is entered into this 1..2- day of Fe b. J. 9 9 qbetween the City of
Miami Beach, Florida, on behalf of the Miami Beach Cultural Arts Council (collectively the City)
and (Grantee).
Florene Litthcutts Inner City Childrenls Touring Dance Co,
ARTICLE I
DESCRIPTION OF GRANT
1.
Grantee:
Florene Litthcut's Inner City Children's. Touring
4120 NW 8 A~e. Dance Compiny
Mlaml'FL 33127-2763
2.
Total Amount of Grant:
$3,000'
(100% to be paid upon execution of this Agreement.
(See Exhibit L attached hereto.)
(See Exhibit II, attached hereto.)
September 30, 1999
Upon Project completion.
3.
4.
5.
6.
Project Description:
Itemized Budget:
Expenditure Deadline:
Report Deadline:
ARTICLE II
GENERAL CONDmONS
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. Project Description: The Grantee may only use the Grant for the purposes which
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 lTf'ant 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 ovenuns 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 Accountc; 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, all the financial records of the Grantee, whether or not purported to be related to
this Grant.
8. Publicity and Creditc;: The Grantee must include the following credit line in news
releases and programs related to this Grant: WITH THE SUPPORT OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AND THE CITY OF MIAMI
BEACH CULTURAL ARTS COUNCIL.
9. Liability and Indemnification: The Grantee shall indemnify and hold hannless
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
2
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 Fla. Stat., 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 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 incorporated herein by reference as if fully 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 Counci~ 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
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 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.
3
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 which
may be available to it under the law.
13. Indulgence Will Not he Waiver of Breach: The indulgence of wither 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 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.
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 Representc; 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 m
SPECIAL CONDmONS
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 D.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin,
handicap, or sex.
4
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 required that Grant recipients provide equal
access and equal opportunity and services without discrimination on the basis of any disability.
IN WITNESS WHEREOF, the parties hereto have eXecuted this Agreement this 22 day of
October, 1998.
ATTEST:
CITY OF MIAMI BEACH
~(rf~
Robert Parcher, City Clerk
1d~
Neisen Kasdin, Mayor
G~E/t~~~eefiirjf~R~~tT8u~rRgrDance, Co.
Print Name of Organization
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BY: Micheal Cole
IJ1h;d~ent
Signature
~pt;;L91
BY: Kevin Adderly
Printed Name of Chief Fiscal Officer
JtL~" 1 fl4iJdJ5-
Signature .
irector
~
RJMw(f:lattola~t\gI3nl3gr.=)
5
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
EXHmIT I
REVISED PROJECT NARRATIVE
Organization:
Florene Litthcut' s Inner City Children's Touring Dance Company
Federal 10#:
"9-2032637
Project Title:
Getting Our Act Together & Putting It On the Road
The Project Narrative or Description 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 to the public.
NARRA TIVE OR DESCRIPTION
The project entitled "Getting Our Act TogethEtr and Putting It On the Road" consists of (1)
one showcase performance featuring a new and exciting fully costumed revue by Florene
Litthcut's Inner City Children's Touring Dance Company. Revealing the history, diversity and
traditions of performing arts, a cast of 50- 150 students between the ages of 5 through 26
will perform classical ballet, tap, hip-hop, lindy hop dances and African percussion for a
total performance time of approximately 60 minutes. A special component of the revue will
be performed by collaborative partners - Artz -N- The Hood, Inc. and Speaking Hands, Inc.
Artz -N- The Hood is an after school juvenile delinquency intervention program targeting youth
residents of public housing communities. Artistic training in the performing arts is provided as an
alternative to violent, criminal and destructive behaviors. Speaking Hands is a dramatic
ministering group of 12 young people who use sign language to interpret gospel music for the
hearing impaired community. Speaking Hands is more than a choir. It is .praise in motion" - a
pure musical praise experience. "Their hands are here to speak what our hearts feel".
Each performance will consist of a full production complete with an eclectic range of recorded
music - Big Band, Swing, Gospel, Liturgical, R&B and Hip-Hop; dramatic lighting and costuming;
and printed program materials. This performance will be offered FREE OF CHARGE to the
general public to be held at the Euclid Oval Amphitheater @ Lincoln Road Mall for an
estimated 2,000 member audience inclusive of Miami Beach residents and tourists.
Necessary changes in the program (if any) if funding received is less than original request:
Due to a grant award less than the original request, the project wiill consist of only 1 major
performance as opposed to the proposed triple series. Also, the project start date has changed
to March 1, 1999 with an end date of September 30, 1999. The performance and preceding
reheasals will occur during this time period.
The event will be made available to the public via the distribution of media advertising and
promotiional materials.
CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL
EXHIBIT 2: REVISED PROJECT BUDGET
A. TOTAL PROJECT BUDGET
Nwneof~~tion:Florene Litthcut's Inner City Children's Dance Co.
Project Title: G p t tin 9 0 lJ r Act To Q p t h p ran d Put tin 9 I ton the R 0 a d
Date(s) of Project:
M~rrh 1) lqQq - ,pptpmhpr 10, lqqq
List cash expenses and cash revenues specifically identified with your program,
project or events. Round off all numbers to the nearest dollar.
NOTE: TOTAL PROJECT EXPENSES AND TOTAL PROJECT REVENUES MUST BE EQUAL
Total Cash Expenses
Total In-Kind Expenses
Total Project Expenses
20,000
-
Jl..Jl.Q
20,000
(cash + in-kind)
Total Cash Revenues 2 0 . 00 0
Total In-Kind Revenues-O-.-Q.O.
Total Project Revenues 20. 000
(cash + in-kind)
CITY OF MIAMI BEACH CULTURAL ARTS COUNCn.
EXHIBIT 2: REVISED PROJECf BUDGET.
B. GRANT AWARD BUDGET
I C t Children's Touring Dance (
Name of Organization: F lor e ne Lit t h cut I s n n e r ~ Y ..
Project Title: Getting Our Act Together and Putting It On The Road
Date(s) of Project: Ma rc h 1,1999 - Se r tembe r 30,1999
* Directions: Itemized cash expenses to be expended from grant funds must be specifically identified.
Expenditures must equal the total amount of the grant award. ' .
Grant Expensf'_"
Personnel- Artistic
Personnel- Technical
Personnel - Administrative
Space Rental
Travel (LOCAL ONLY)
MarketinglPublicity
Outside Artistic Fees
Outside Other Fees
o
325
1,400
o
400
300
o
o
Other Costs con t r act e d s e r v ice s
(Itemize below)
Srp~kin9 H~nrl~ 375
~iscellaneous 200
TOTAL 3000
GRAN!' FUND RESlRICTIONS:
Grant funds may NOT be used for:
Renumeration of City employees for any services rendered as part of a project
receiving a grant from the City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (permanent equipment necessary for
proposed project may be purchased if the price is less than what is would cost to rent
the equipment)
Debts reduction
Out-of-County travel or transportation
Fundraising events
Hospitality events
Events not open to the public
RESOLUTION NO. 98-22991
A RESOLUTION OF THE MAYOR AND CITY COl\1MISSION OF
THE CITY OF MIAMI BEACH, FLORIDA APPROVING
RECOMMENDATIONS FROM TIlE CULTURAL ARTS COUNCIL
FOR'I998-l999 GRANT AWARD IN TIlE AMOUNT OF $19,300 TO
CULTURAL ORGANIZATIONS; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE CULTIJRAL
ARTS COUNCIL GRANT AGREEMENTS.
WHEREAS, the Miami Beach Cultural Arts Council (Council) was established
by the Mayor and City Commission on March 5, 1997, with nine members appointed in "
August, 1997; and
WHEREAS, the mission of the q,uncil is to develop, coordinate and promote the
performing and visual arts in the City of Miami Beach for the enjoyment, education,
cultural enrichment and benefit of the residents of, and visitors to, Miami Beach; and
WHEREAS, on June 3, 1998, a Master Plan for the Council was adopted by the
Mayor and City Commission, which outlined a scope of work for Fiscal Year
1998 - 1999; and
WHEREAS, a Cultural Grants Program was outlined in this Plan to maintain
baseline funding support to eligible Miami Beach cultural organizations; and
WHEREAS, the Council has recommended a total of $19,300 in grant awards,
as itemized in the attached "Exhibit A" to eligible cultural organizations for 1998/99.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission herein approve recommendations from the Cultural Arts Council for 98-
1999 grant awards. in the total amount of $19,300 to Cultural organizations: and further
authorizing the Mayor and City Clerk to execute Cultural Arts Council Grant agreements.
PASSED and ADOPTED this 16th day of December, 1998.
ATTEST:
~#
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
_~J-rQA~
CITY CLERK
F:I/NFOISAl.LIQUINJ\CAC.RES
~ lJ;{(/uJIr- 11-/~/'!J
Ity 0fTWI
Exhibit A
MIAMI BEACH CULTURAL ARTS COUNCIL
Recommendations to the Mayor and City Commission for
1998/99 Miami Beach cultural arts project grants, December 1998. f'
ORGANIZA nON REQUESTED RECOMMENDED
Artemis Perfonnance Network $5150 $1200
,
Arts & Business Council of Miami $3000 $700
Center for Emerging Art $4432 $1500
Children's Cultural Coalition $5009 $1200
Cultural Arts Society of South Florida $3900 $2000
EDGElTheatre $18000 $2000
Florene Litthcut's Inner City
Children's Touring Dance Company $3900 $3000
Florida Chamber Orchestra $4650 $1000
Florida Philharmonic Orchestra $5000 $2000
Ife-ne $4150 $2500
Intercultural Dance & Music, FlU $9000 $1000
Legal Services of Greater Miami $3000 $0
South Florida Composers Alliance $5000 $1200
TOTAL REQ. TOTAL REC.
$74,182 $19,300
Total requested was 384% higher than available funds.
All projects take place in Miami Beach between January I and September 30, 1999,
; I T'Y 0 F M I AM' 8 E A C H
rf HALL 1700 CONVENTION CENTER DRIVE MIAMI BE.~CH, FLORICA 33139
p. \\Ci,mlami-beach, n.US
:=
COMMISSION MEMORANDUM NO.
83i:9.~
TO:
Honorable Mayor Neuen o. K.udin and
Memben or the City Co illSion
DA TE: December 16. 1998
FROM:
Sergiu Rodriguez
City Manager
SUBJECT:
A RESOLllflON OF THE ~IA YOR AND CITY COM~nSSION OF THE
CITY OF MIMn BEACH, FLORIDA APPROVING RECOMML'iTIATIONS
FROM TIlE CITY OF MIAL\U BEACH CULTURAL ARTS COUNCIL FOR
1998-1999 PROJECT GRANT AWARDS OF $19,300 TO CULTURAL
ORGANIZA TIONS.
AOMINTSTRA TJON RF:COM~ffiNnA TJON
Adopt the Resolution.
RACKGROITNO
The Miami Beach Cultural Arts Council was created by the Miami Beach City Commission on
March 5, 1997, and nine members were appointed in August 1997. The mission of the Council
is to "develop, coOrdinate and promote the performing and visual arts in the City of Miami Beach
for the enjoyment, education, cultural enrichment and benefit of the residents of, and visitors to,
Miami Beach".
On June 3, 1998 a Master Plan was adopted by the City Commission, and an implementation
Budget for 1998/99 was contained within that Master Plan. As directed by the City Commission,
that budget was modified to include a set aside for the creation of a permanent endowment. In
addition, a Cultural Grants Program was outlined to maintain baseline funding support and allow
for special project support to Miami Beach's cultural groups.
THE PROCESS
-
This is the second cycle for cultural arts grants in 1998/99 ($495,500 was awarded in the first
cycle). The Council allocated $19,300 for small projects !!rants for first-rime applicams or those
invited to reapply after review during the first cycle. The guidelines were presented to members
of the artS community in an orientation workshop on October 13, 1998, and were made available
in paper form as well as on disk. Between October 13 and November 19, pre-application
consultations were conducted by the Council's Director with representatives from thirteen cultural
organizations. Thirteen applications were received by the noon deadline on November 19.
Requests for funds totalled $74,182. This request represents 384 % more than available funds for
this grant cycle.
Agenda I tern
C1C
I ") - \l ",-c; Q
nMP
The Council appointed a Grant Review Panel of seven volunteer members, composed of four
Council members and three community representatives, This panel member were: Pauline
Winick (chairperson), Alvaro Fernandez, Raymond Hulen, Lisa Palley, Raquel Vallejo. Michael
Vita, Nancy Wolcott with staff member David Whitman. On November 20, the applications were
distributed to the panelists. On November 30, the panel convened in a public meeting to deliberate
and recommend funding awards ("Exhibit A"). The Council convened on December to to review
the Panel's work and recommended grants totaling $19,300.
CONCI,IJSION
The Administration recommends that the Mayor and City Commission adopt the resolution
approving the City of Miami Beach Cultural Arts Council's recommended Project Grants awards
totaling $19,300 for 1998/99.
'J"
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F:\INFO\SALL\QUINJ\CAC.GRN