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Grant Agreement MIAt 'ADE C' '1TY DEPARTMENT OF CI ~URAL IA.IRS f!~ /3') - DO .;......~, 1999-1._ (OURIS', ~eVELOPMENT COUNCIL\.. .~NTS PI. "RAM ;L- "6- dD .', T,,~ Miami-Dade County Tourist Deyelopment Council. the Department of Cultural Affairs. the Mayor and the Board of Mi.m,.D.de . County. Commissioners a.re pl~ased tQ announce that Miami-Dade County will award the grant described herein In c~~sider;ltl~n !,<=y the recipient's agreement to abide by all terms and considerations set fOrth in Articles I. II. III and IV, ~(f\ Y I I ( rl ARTICLE I , I. GRANTEE: City of Miami Beach Sister Cities International Coordinating Council 1700 Conyention Driye Miami Beach, FL 33139 2. 3. 4. 5. 6. 7. AMOUNT OF GRANT: PROJECT DESCRIPTION: ITEMIZED PROJECT BUDGET: SPONSORSHIP PACKAGE: EXPENDITURE DEADLINE: REPORT DEADLINE: $ 12.500 (See Exhibit A, attached hereto.) (See Exhibit B. attached hereto.) (See Exhibit C. attached hereto.) Project ending date or September 30. 2000 Within 4S days of project completion. WHER.EAS. the Parties haye entered into this Grant Agreement for the purposes described in Article I (3). and in accordance with the conditions set forth within the Articles of this Grant Agreement: IN WITNESS WHEREOF. the parties hereto haye executed this Agreement as follows; ATTEST: .20J2..0 BY: f'- ~ounty Ma ager GRANTEE:City of Miami Beach Federal Identification #: 59-600372 . on the9th day of February ,2000 Grantee's Corporate Seal BY: Patricia Walker, Finance Di~~:~ Name of Chief Fiscal Offic~r Signature BY: fA Neisen sdin, Mayor ATTEST~I7A;:!-J:u~ APPROVED /lS TO Ro ert Parche City Clerk FORM & LANGUAGE . & FOR EXECUTION Approyed for form and legal sufficiency: Assistant Miami.Dade County Attorney 1~ ~(: 2-/ ,!/rr;.- DaM MIAMI.DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS FY 1999.2000 TOURIST DEVELOPMENT COUNCIL ARTICLE II GENERAL CONDITIONS WHEREAS. the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and welfare of the residents throughout the County. and further provides that all functions not otherwise specifically assigned to others under the Charter. shall be performed under the supervision of the County Manager or his designee; I. Parties: The parties to this agreement are the Grantee listed in Article I. and Miami-Dade County. Florida. a political subdivision of the State of Florida. Miami-Dade County has delegated the responsibility of administering this grant to the Director of the Miami-Dade County Department of Cultural Affairs. or his designee. who shall be referred to herein as the "Director ." 2. Proiect DescriDtion: The grantee may only use the grant for the purposes which are specifically described in Article 1.3 - Project Description as documented and attached hereto as Exhibit I and which corresponds to the information presented in Exhibit I. and information submitted to the Department of Cultural Affairs in the grantee's Community-Based Organization - Agency Profile. Tourist Development Council application and/or request for County Financial Assistance. Minor project revisions which do not substantially alter the original project which may be necessary for the purpose of completing the project. must be requested in writing to the Director. All expenditures will be subject to the terms of this agreement and as specified in Exhibits 2A and 2B. 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 expectation that the described project will enhance and develop Miami-Dade County's cultural and lor tourism community. To demonstrate that the grant is fulfilling. or has fulfilled. its purpose. the grantee must supply the Director with a written report documenting that the grantee has fulfilled all requirements. This report is to be received by the Director according to the schedule listed under Article 1. 6. A Final Report form will be supplied to the grantee. 4. Amount of Grant and Payment Schedule: The total amount of the grant is specified in Article 1.2. By making this grant. Miami-Dade County 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 on a reimbursement basis. subsequent to Board of County Commission approval of the award. As a condition of receiving payment, the grantee agrees to provide to the Director or his designee. no more than 90 days after the event date. copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in Exhibit 2A as Tourist Development Council expenses. Documentation shall include. but not be limited to. copies of original bills. invoices. receipts. canceled checks clearly designating payment for expenses associated with the event, (front and rear) and vouchers. The County reserves the right, to request and receive original documentation to substantiate grant expenditures for reimbursement from grant funds. Cash transactions are not eligible for reimbursement under this grant unless a copy of a contract. invoice or other documentation supporting such cash payment is received. marked "paid" and signed by the recipient of the cash. If documentation as outlined above. is not received by the Director or if the documentation provided by the grantee does not. in the sole and absolute determination of the Director. conclusively demonstrate that funds were expended for the purposed allowed by this Agreement. the grantee shall waive any and all rights to receive payment of the grant. Within forty-five (4S) days of receipt of satisfactory documentation described and required by this Agreement, the County shall reimburse the grantee for those expenditures which are indicated in Exhibit 2A as Tourist Development Council expenses and which are supported by documentation conclusively demonstrating that the grantee expended funds in connection therewith. in accordance with the provisions of this Agreement. MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS FY 1999-2000 TOURIST DEVELOPMENT COUNCIL 5. Prol!ram Monitorinl! and Evaluation: The Director may monitor and conduct an evaluation of operations and the project under this grant, which may include visits by County 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 Bondinl!: Monies received pursuant to this agreement shall be kept in accounts established in Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Director with the identity and title of individuals authorized to withdraw or write checks on grant funds. 7. Accountinl! and Financial Review: The grantee must keep accurate and complete books and records or 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 or his designee at the grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director may. at the County'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 Credits: The grantee must include the following credit line in news releases and programs related to this Grant: With the support of the Miami-Dade County Tourist Development Council, the Miami-Dade County Department of Cultural Affairs, the Mayor and the Miami-Dade Board of County Commissioners." Grantees are also encouraged to use the "TropiCool or Tropiculture" logo stat in marketing and publicity materials. Please call the Department of Cultural Affairs to request the stat sheet if one has not been included with this Agreement package. Further, the grantee agrees, that should the amount of this grant exceed $10,000, grantee will confer upon the Tourist Development Council a sponsorship package comparable to the sponsorship package provided to every other grant or sponsor of the event who contributes a grant or funding in an amount equal to this grant, The sponsorship package to be provided in Exhibit C and is incorporated herein by reference. 9. Liability and Indemnification: The grantee shall indemnify and hold harmless the County and its officers, employees. agents and instrumentalities from any and all liability, losses or damages. including attorneys' fees and costs of defense, which the County or its officers, employees, agents or 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 of 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 County, 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 by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County 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 $ I 00,000. or any claim or judgment or portions thereof, which. when totaled with all other claims or judgment 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. Assil!nment: The grantee is not permitted to assign this grant. and any purported assignment will be void. MIAMI.DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS FY 1999.2000 TOURIST DEVELOPMENT COUNCIL II. ComDliance with Laws: The grantee agrees to abide by and be governed by all applicable federal, state and county laws and terms of grants to Miami-Dade County of which this is a sub grant, 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 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 County shall have no further obligation to the grantee under this agreement, Further, in the event of a material breach of any term or condition of this Agreement, upon (5) calendar days written demands by the Director, the grantee shall repay to Miami-Dade County 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 canceled 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 Miami-Dade County Department of Cultural Affairs or the Miami-Dade County Tourist Development 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 Miami-Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The grantee will also be liable to reimburse the County 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 Miami-Dade County within 15 days after the Expenditure Deadline; if such funds have been committed but not expended, the grantee must request in writing from the Director an extension of the Expenditure Deadline for a period not to exceed one (I) year. Grant funds which are to be repaid to Miami-Dade County pursuant to this Section are to be repaid by delivering to the Director a certified check for the total amount due. payable to Miami-Dade County. Florida. These provisions do not waive or preclude the County from pursuing any other remedy which may be available to it under the law. 13. Induh~ence Will Not be Waiver of Breach: The indulgence of either party which 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 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 when addressed as follows: Director, Miami-Dade County Department of Cultural Affairs, III NW I st Street. Suite 625, Miami, Florida 33128. 15. Captions Used in this Al!reement: 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 Al!reement: 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 Board of County Commissioners. MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS FY 1999-2000 TOURIST DEVELOPMENT COUNCIL ARTICLE III SPECIAL CONDITIONS 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 material breach of the terms of this grant agreement and will allow Miami-Dade County 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: All funded activities must provide equal access and opportunity in employment and services and may not discriminate on the basis of disability, race or ethnicity, color. creed. national origin or religion. age. gender. sexual preference. in accordance with Title VII of the Civil Rights Act of 1964. the Age Discrimination Act of 1975 and Title IX of the Education Amendments of 1972 as amended (42 USC 2000d et seq.). the Americas with Disabilities Act (ADA) of 1990. and Section 504 of the Rehabilitation Act of 1973. Grantee shall include on all significant promotional materials. print and electronic media. and programs, information regarding accessibility of programs and/or facilities to persons with disabilities. This information may be in the form of universally acceptable disability access symbols and/or practical language which clearly defines the availability and type of accommodation or service for persons with disabilities. For assistance with this requirement, please contact the Miami-Dade County Department of Cultural Affairs at (305) 375-4634. ARTICLE IV TERMINATION If, for any reason. the grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or should violate any of the covenants. agreements. or stipulations of this Agreement, the County shall thereupon have the right to terminate this Agreement by giving written notice to the grantee of such termination and specifying the effective date thereof. at least five days before the effective date of such termination. Notwithstanding the above. the grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the grantee, and the County may withhold any payments to the grantee until such time as the exact amount of damages due the County from the grantee is determined. MIAMI-O,l.... COUNTY DEPARTME~T OF CL.._ JRAL AfF........,j FY 1999.2000 TOURIST OEVELOPMEN1' COUNCIL Exhibit A: REVISED PROJECT NARRATIVE Organization: Project Title: The Revised Project Descnption is a complete description of the proposed project or event as approved by the Tourist Development Council based on the original application. This Exhibit must be completed whether your project has changed or not. If changes to your original description are necessary because the grant amount awarded is less that that requested. describe the entire project with its proposed changes as well as a brief statement indicating the event's impan on tourism in Miami-Dade County in the space provided. Please indude the number of events, date(s), pan:icipants, locations and c.arget audience to be served. DESCRIPTION: Japan Week 2QCC ia pianned as a multi-faceted initiative ihat will present a 'last ar~ay cr activities during the week of March 11-13, 2000. This event will provide oppor-unities fc, ,:reatlve and economic cooperation between local and iniemational groups and offer the Miami-Dade community, and its visitors, a seldom-experienced opportunity to learn about the traditions and culture of more than 4,000 Japanese county ,esidents. This program was developed at'ar Honorable Senator Iwao Ivlats~da fr8r~ Japan visited South Florida in November of 1998 and 'lowed to return. He will head an official celegalion of 150 - 2oJO Japanese visitors, that includes members of government agencies, Junior Chamber of Commerce executives and al1ists who will be in South Flcriea ;cr over cr:e weeK. Visiiors are alSO ex;:ected from acme cf :ha : ::C :artars chat Sister Cities International has in 125 countries worldwice. Programs include an exhibit of 30 Washi (Japanese Paper) artists and a series of worxshops :0 teach techniques to local artists and Miami Dade Public School students; a Karate Tournament with :ontestants from several hemispheric countries will include demonstrations of different Marlial Arts; an Art Contest fer iocal students and children from Sister Cities in Japan; workshops and demonstrations of Jaoanese ncr-icu/tural ar-s and crafts (Ikebana, Bonsai and OrigamJ); and performances of traditional and mocem Japanese oerforTl1lng arts. Of special relevance to the Florida community is a photo exhibit, lecture and documentary film titled 'Visa for 6000 lives,' ihe story of a Japanese diplomat who secured visas for 6,000 Jews who were saved from the Holocaust by his courageous action. Activities for Japan Week 2000 will take place on lincoln Road, at the Miami Beach Convention Center and the Miami Beach Garden ConseNancy and performers from Japan will perform at 'Ianous Iccations throughout Miami Dade County during the week. Except for the Karate tournament, al:oresematicns, workshops and lectures are frae and open to the general public. Attendance IS esr:mared at 10,000 oaseo on statistics compiles by the Miami Beach Chamber cf Commerce which Indicate that peceslnan Traffic or Lincow Road ranges from 70,00 to 80,OCO persons per week. Paperwc,kshcps are orcJecred ,1 soa 3TuCentS and 50 adults while the Karate Tournament is expected to aitract 200+ local ana international pateic:pants and an audience of several thousands, it :s anticipated ihat over 500 persons will lravel to ,\liaml 3each 10 par-icioate in thiS program. Special promotions, through trade and oultural organizations and Sister City ;rnernational publications will attract additional travelers to the area. This program is a collaboration of several community organizations, Members of the ,\Iiaml 3each Chamber of Commerce, Miami Beach Sisier Cities Intemational Council, Miami Beach Garden Conser/ancy, .Jewish Film Society and Japan Society of South Florida have joined the organiZing eemmittee, They have devoted time and energy to plan, schedule and implement this event; as an eihOlcaJly, c:,;Jturally and ,eligloUsly diverse group of people, they represent the multicultural pluralism that charactenzes ,\liami Dade C~unty. Private corporations, trade organizations and indi'/iduals have offered Rnancial SUPOOI1, Japan Week 2000, a ,orogram that may develop into an annual e'/ent, s,'1oui~ r3cal'/a TC,":' :unding because visitors to .\liami Dade County Will rind that, for an entire week, they can be ,mmersea in a totally foreign culture without iraveling acrosa the world to the Far East. Japan WeeK 2000 will otfer a rare opportunity to explore the art and culture of a countrj whose millenary traditions have randered an invaiuabie contribution to world civilization. In addilion, it recognizes Japan as a countrj that has gradually tecome an important business partner whose significani economic and financial links to South Fionca must ~e ~nccuraged Jnd strengthened. "V...... L!..\. o::..l:...II:.J~ J.J.o.JO ...... P.02 EXHIBIT B: REVISED PROJECT BUDGET BI. TOTAL PROJECT BUDGeT NAME OF ORCANIZATJON,_Mi'ami Beac:h Sister Cities Coordinating Council PROJECT TITLe: JAPAN WEEK :2000 DATE (S) OF PROJECT: MaJ::c:n 9-18. 2000 List ~ash expenses and cash revenues specifically- identified with y-our program, projeC[ or events. Round off all numben; to n~"r~st r!o//"r. NOTE: TOTAL PROIECT EXPENSES ANO TOTAL PROIEeT REVENUES MUST BE EOUAL eXPENSES Pt"',onnel - Artistic: Personnel - T!!cnnic~1 Personnel ~ Adrniniscn.cion OutSide An:i,dc Fees/5e""c..s Outside Ocher FuslServices Marketing/Promotion Adve~sjng Design & Prineing Space f\en'4l Travel (out , of USA) Utilities ~'oe'lii1.Cf ~~c:eption. Hou5ing Awards .. Toea' Cash EJCpenJlU Toea' In-Kin<l Expense. Toeal p,.o;ec'C Expenses &i1b. REVENUES In-Kind ~ In.Kind AdmiuiQn!l Coneraceed Services 3 , 00 0 J" karate 3 500 ~~~~tournament ' Corporate SuPpOrt 5 . 500 Foundation Sup par< 3 , 000 Individual SuppOrt 3 , 500 VeodorlllConces.ioo$ 2 . 400 T -lhires/souvenirs Governmene Grant! 2,500 500 4,000 2,000 6,000 2,000 6,000 1_~~ ?~~ 1.000 "i00 .3.500 5,000 10.500 .3,500 5.o'Wb "llI:<' 1,000 3,500 1 . 5':;'0 2,000 1,000 .64.900 1,500 2,0:00 .~ ~ Fed.fal SUle FL DOS Loo.1 IlCA Other Coneribudon. (ltemizo below) City of MR 11 .500 Equipment fl.ental EquIpment, Purchas:e Office Supplies POlClge & M.iling InsurancelSeouricy O,her Cose:: (Itemixe &elow) Gallery Exhibits 3.5~ CIty Services/Permit 5,900 Ground ~ransport. 1,500 10,000 10.000 , ." ~~_' t'f,:,; ,.." 500 'Prnmnrinng 1 .000 1,500 l noo 500 city Service ROllcinq 01'1101"111"'1'1 500 500 3,000 Cirant Award 1:2,500 Toeal Cash Revenues .6 -1, 9.D..U. To~a.1 In...K;nd Revenue 1 7, 000 ~ Total Pr"lece Revenues_ 81. 900 (cash + in-kln<l) ---' ~ . 17,0001 8.1,900' (ca.:sh ... in-kind) TOTAL P.02 MIAHI-O,,- ':OUNTY DEPARTMENT OF CL JRAl AFF... FY 1999.2000 TOURIST DEVELOPMENT COUNCil ..... EXHIBIT B: REVISED PROJECT BUDGET BII. GRANT AWARD BUDGET "'Directions: Itemized cash expe"ses to be expended from grants funds must be specifically identified. Expenditures must equal the total amount of the grant award. . TOe Grant Expenses Personnel-Artistic Personnel- Technical P ers on n e I-A d minis trati ve Space Rencal Travel (LOCAL ONLY) 3,000 Markecin9' IPublicity Advertising Design & Princing Poscage & Mailing Travel Equipmenc Rencal Technical -Sound T echnical-Lighcing Oucside Artiscic Fees Oucside Ocher Professional Fees 500 2., 000 2.000 Equipmenc Rencal Ocher Coses (Icemize below) C;a]]..ry Exhibits ],000 TOTAL 12,500 "GRANT FUND RESTRICTIONS: Granc funds mav NOT be used for: - Remuneration of Couney employees (or any services rendered as part of a project receiving a grant from the Tourist Development Councilor Department of Cultural Affair"s - "Bricks and mortar" or permanent equipment (permanent equipment necessary (or the proposed project may be purchased if the price is less than what is would cost to rent the equipment) - Debes reduction . Out-ot.Couney CraVe I or transportation . Fundraising events - Hospitality costs - Events not open to the public, unless che event serves co benefit Miami-Dade Couney Government specifically BOARD LIST Attachment to the Universal Affidavit TDC-Japan Week 2000 City of Miami Beach City Commission & Administrative Staff Addresses: City Hall 1700 Convention Center Drive Miami Beach, FL 33139 . Mayor Neisen O. Kasdin . Vice-Mayor David Dermer . Commissioner Matti Herrera Bower . Commissioner Simon Cruz . Commissioner Luis R. Garcia, Jr. . Commissioner Nancy Liebman . Commissioner Jose Smith . City Manager Lawrence A. Levy . City Attorney Murray H. Dubbin . City Clerk Robert E. Parcher