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Ife-Ile Inc. CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL GRANT AGREEMENT This Grant Agreement is entered into this 16 day of December, 1998 between the City of Miami Beach, Florida, on behalf of the Miami Beach Cultural Arts Council (collectively the City) and Ife-Ile, Inc (Grantee). ARTICLE I DESCRIPTION OF GRANT 1. Grantee: Ife-He, Inc 4545 N W 7 Street, Suite...l1 Miami,FL 33126 2. Total Amount of Grant: $2,50000 (100% to be paid upon execution of this Agreement) (See Exhibit I, 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 CONDITIONS 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council". 2. 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 ('yfant 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 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2. By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award. 5. Program Monitoring and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the project under this Grant, which may include visits by City representatives to observe the project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the 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 fmancial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credit.c;: 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 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 ~ubc.ontr.actors. Grantee shall pay all claims and losses in connection therewith and shall investigate and'defertaall 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 2 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 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 conf~rm with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of a breach of any term or condition of this Agreement, upon five (5) calendar days written demands by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City's Cultural Arts Council for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement. The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. Any uncommitted Grant funds which remain in the possession or UI).der th~ 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 provjsions 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 be 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 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, 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 Cqnditions: 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. 4 The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers which prevents quaJified individuaJs with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City aISQ 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 equaJ 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. AITEST: CITY OF MIAMI BEACH J~o ~~ Robert Parcher. City Clerk GRANTEEJ IFe--~ LeJ L"c.. Print Name of Organization APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION BY: rJ J2r I' '-15 fr<. 5 Printed Name of Chairman or Pr ident Si 1(/ II!i/:;: 3/ti?1 ~ RlMw(C:'dolqurlapeamtlpulap.l:K1 By:jJ.erf 10 rr.es ~fa1~--~_ 5 CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL EXHIBIT I REVISED PROJECT NARRATIVE Organization: Ife-IIe, Inc. Federal ID#: 65-0757333 Project Title: Ife-Ile Afro-Cuban Fest 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 ~f ~en.ts, participants, locations and audience to be served. Also, please include a brief statement mdlcatmg how this event will be made available to the public. NARRATIVE OR DESCRIPTION Ife-De Afro-Cuban Dance and Music Ensemble in collaboration with Artemis Performance Network will present an evening of Cuban dance and music entitled Guanguanco Dyi lo Bien at the Colony Theatre on September 17 & tS, 1999. There will be two evening performances on Friday, September 1 7th and Saturday, September lSth. There will also be a matinee performance on Friday, September 17th for Miami-Dade County Public School children. On Saturday, the performance will be precluded by an all-day festival, lie-lie Afro-Cuban Fest. The Fest will include vendors and performers throughout the western point of Uncoln Road Mall. At 7:00 p.m., an opening procession including drummers, singers, and dancers will begin to proceed from Euclid St. through Uncoln Road Mall. The procession culminates at the Colony Theatre for the performance of Guanguanco Dye lo Bien. Necessary changes in the program (if any) if funding received is less than original request: N/A CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL EXHIBIT 2: REVISED PROJECT BUDGET A. TOTAL PROJECT BUDGET Name of Organization: Ife-IIe, Inc. Project Title: Ife-Ile Afro-Cuban Fest Date(s) of Project: January 1, 1999 - September 30, 1999 List cash expenses and cash revenues specifically identified with your program, project or events. Round off allllumhers to the nearest dollar. NOTE- TOTAL PRO.mCf EXPENSES AND TOTAL PRO-mCf REVENIJES MIJST BE EQIJAI. EXPENSES REVENUES Cash In-Kind Cash In-Kind Personnel - Artistic Admissions 4,500 Personnel - Technical Contracted Services 1,500 - Personnel - Administration Tuitions Outside Artistic F eeslSrvcs ~O 3,000 Corporate Support 2,500 1 ,000 Outside Other Fees/Srvcs 3,500 2,000 Foundation Support 2.000 - MarketinglPublicity ...l..t2..Q 0 1,000 Individual Support 2,500 5,300 Space Rental 3,100 Government Grants Travel Federal - Utilities State 7.,OOQ Equipment Rental Local 4,000 Equipment Purchase - Other Contributions Office Supplies - (Itemize below) Insurance/Security ~OO Artemis P.N. 1,150 j\ Other Costs: (Itemize below) Costumes 2,600 300 Grant Award 2,500 Total Cash Expenses Total In-Kind Expenses Total Project Expenses 22.650 6,300 - 28.950 (cash + in-kind) Total Cash Revenues 22, 650 Total In-Kind Revenues ~, 3 ~_?_ . - - Total Project Revenues 2 8.-95 g.. . (cash + in-kind) CITY OF MIAMI BEACH CULTURAL. ARTS COUNCll.. EXHIBIT 2: REVISED PROJECT BUDGET B. GRANT AWARD BUDGET Name of Organization: Ife-IIe, Inc. Project Title: He-He Afro-Cuban Fest Date(s) of Project: January 1, 1999 - September 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 Expenses Personnel - Artistic Personnel - Technical Personnel - Administrative Space Rental Travel (LOCAL ONLY) MarketinglPublicity Outside Artistic Fees Outside Other Fees Other Costs (Itemize below) TOTAL GRANT FUND RESTRICTIONS: 1 .000 1,500 2,500 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 wha~ is-would"G9.sffO.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 CO~lMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING RECOMMENDATIONS FROM THE CUL TURAI:. ARTS COUNCIL FOR 1998-1999 GRANT AWARD IN THE AMOUNT OF $19,300 TO CULTURAL ORGANIZATIONS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CULTURAL 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 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; 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: l!d I'y. .,-".1 II ;.'. J ;:/: . f '/ MAYOR APPROVED AS TO FOP..M & LANGUAGE & FOR EXECUTION ~(r-rGtt~ CITY CLERK F\INFO\SALL.QUlNJ\CACRES ~~ Iiy omtl#f \ ~/ 7/1[,-. 'D 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. t. ORGANIZA nON REQUESTED RECOMMENDED Artemis Performance Network $5150 $1200 1/:l.1 1'1'" Arts & Business Council of Miami $3000 $700 1"'l-('il:f Center for Emerging Art $4432 $1500 Yl3Jq q Children's Cultural Coalition $5000 $1200 Y'-'i.I't~ Cultural Arts Society of South Florida $3900 $2000 y'/..,-( ~f1 EDGEfTheatre $18000 $2000 V 11l't1 Florene Litthcut's Inner City Children's Touring Dance Company $3900 $3000 Florida Chamber Orchestra $4650 $1000 \/"'''/'1.' __ Florida Philharmonic Orchestra $5000 $2000 Ife-He $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 1 and September 30, 1999. . I TY HALL 1700 CONVENTION CE:NTER DRIVE MI.4MI BE.""CH, FLORICA 33139 .o.'.\cimlaml-beach fl.U5 ~ITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~~ FROM: Honorable Ma~or Neisen O. Kasdin and Members of the CI"" c. ; ;,,;... Sergio Rodriguez City Manager I / A RESOLutION OF THE MAYOR AND CITY COM~IISSION OF THE cm' OF l\UMO BEACH, FLORIDA APPROVING RECOl\-IMEr-.."DA nONS FROM THE CITY OF M.lAL\iU BEACH CULTURAL ARTS CO(JNCIL FOR 1998-1999 PROJECT GRANT AWARDS OF $19,300 TO ceL TURAL ORGAi'JIZA TIONS. .. DATE: December 16. 1998 TO: SUBJECT: ADMINTSTRA TION RF:COM1\-ffiNDA TION Adopt the Resolution. BACKGROUND 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-time applicants 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 Item L l C Date l L - \1.o-'1 ~ . . 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 10 to review the Pane I' s work and recommended grants totaling $19,300. CONCLUSION 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. /7/, . /1/_ SR:RS:DW:mbm F :\INFO\SALL \QUINl\C AC. GRN