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HomeMy WebLinkAboutChildren's Cultural Coalition .. City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement. This Grant Agreement is entered into this 2 ~ clay of ~ fJ\1_. 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cu1tura1 Arts Council (collectively the City), and c.'<'\\ \()it<\':> C.U\ l\)f'o.\ CCYL\\"'r\ c.lC"\ (Grantee). Article I I Grant description 1. Grantee: Address City, state, zip Phone, fax, email Children's Cultural Coalition P.O. Box 403336 Miami Beach. FL 33140 (305) 856-1163 2. Grant amount: $ 8 , 500 50">6 paid upon execution of this Agreement. Remaining 50% paid upon completion of Project, submission and approval affinal report. 3. Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibit 11, A and B attached hereto S. Expenditure deadline: SeIltember 30. 200 1 6. Report deadline: No 1ater than 90 clays after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 2.?:!> clay of N6" , 2000. CITY OF MIAMI BEACH 11...... Moyoc ATTEST: Ukut p~ Robert Parcher, City Clerk GRANTEE! CCC Print Name of Organization FederalID# 6500397264 (Grantee's Corporate seal) BY: George Neary Printed Name of Chairman or President A7~ Signature ~ / SIgnature APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION 1Aii~ !-D ~ 'f...@ Data Article n I General conditions 1. ~: 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 Counci~ or his designee, who shall be referred to herein as the "Director of the Council." 2. Project DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No. I. 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. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justifying the changes. All Grant recipients must participate in Miami B~ch 8ecmld Thursdays (see Article ID-19). The following City of Miami Beach "Anchors" are required to provide specific infunnation in their Project Description, attached hereto as Exhibit No. I, 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 sucb smaller arts orgl\llization( s). Miami Beach "Anchors" for 200012001 are defined as follows: ArtCenterlSouth Florida Bass Museum of Art Concert Association of Florida Iewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above infonnation 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. Reoorts: This Grant has been awarded with the understanding 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 within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001. 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. Proeram Monitorine: 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 I'nliect or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bondine:: 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) YellfS 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 ofthe Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City of Miami Beach CultIll'lllAm OJunclllogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACll. Failure to do so may preclude future grant funding from the City in the Sl!11le manner as if Grantee defaulted under this Agreement, pursuant to Article 11- 12, below. 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 resuh 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 GTantee 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 oocurrence, exceed the sum of $200,000 from any and all personal injury Of 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, and shall be treated as an event of default pursuant to Article 11-12, below. II. Comoliance 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 iffully set forth herein, and Chapter 2, Article vn ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. DefaultITermination Provisions: In the event the Grantee shall fail to materially confonn 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 tenn 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 bave 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 tbe 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 unconnnitted 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. 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. Indul2eDCe 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- 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, Miami Beach, Florida 33139-1819. IS. Caotions Used in this ~t: 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 Renresents Total At!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 tenns. 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 ill I 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 C01IIponent not meeting this condition will be considered a breach of the tenns 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: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of1964 (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 C01IIply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public acconnnodations on account of rw:e, 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 of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural open house on the second Thursday of eve!)' month. Free arts events will be held at multiple locations throughout the City. 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 n - 12 herein. . Exhibit 1/ Revised Project description Organization: Children I s Cultural Coali~title: Cultural Component For Youth The Children's CuhuraI Coalition (CCC) will implement a Cultural Outreach Program For Yeuth on Miami Beach aimed at ages 3-17. Miami Beach-Public Events The program will involve participation by CCC artist members to provide a cuhural component for children at Miami Beach cuhural events such as the Miami Beach Festival of the Arts, the Art Deco Festival and any otherJlppropriate_public events taking place on the Beach. The goal of the program is to provide an artistic and educational programming for children at a minimum of two existing Miami Beach events thathave an underdeveloped or non-existent focus on youth. This objective helps to showcase Miami Beach as a city with an artistic consciousness by developing and edn{'Jrting yollth, the arts audiences of the future. The CCC will cover the artistic fees and provide three major activity areas for children at no extra cost to the event organizers: Outdoor Stage: Programmed 1l:00a.m. to 5:00p.m each day with hourly performances of professional dance, music, theater, and ethniclcuhural bllsed art forms. Storyteller's Corner: Progr'n~med 11:00a.m to 5:00p.1lL each day with storytelling from around the world. VISUal Art&Activity Area: Pr(\gr~mmP.d 1l:00a.m. to 5:00p.m with visual arts activities and projects led by professional, practicing artists from ArtCenter South Florida. Project material for kids will be provided by CCC free of charge. Additional activities will include: strolling performers, face painting, signing of children's books by authors. arula science and nature comer. Miami Beach-School Outreach COlllponent The program will also involve a school arts l"'fllcavon outreach component provided free of charge to the Miami Beach school feeder system which includes: Treasure Island Elementary, Biscayne F)P.I11entary, North Beach FlP.l11etltaryy Feinberg FISher Elementary, Nautilus Middle School, South Pointe Elementary, and Miami Beach Senior High SchooL The goal of the program is to conduct repeated arts workshops in at least one school Schools ~ elect to participate will receive up to six visits with presentations by a different CCC artist or group for each visit. The idea is to expose the Miami-Beach students to the different artistic genres that CCC members represent including: Theatre, Dance, Music, V1SUaI Arts, Storytelling, Literature, and History. Each participant will present to the school an arts-orientedprogram which contains a strong educational component. The artists will provide age-appropriate pre and post study materials to teacherundstudents that den)onstrateacurricuhun~ection, meaning that the study materials provide a link between the arts and academia. The artists will also conduct a formal perfonn~nce or presentati011 to the children and tl'achets which involves active participation by the audience in the art form. The overall objective of the program is to teach curricuIum. elements through the arts, to- ..,.....gthen the students acadmPc performance through the arts, and to instillaJove and patronage of the arts in the youth of Miami Beach. CCC will participate in Second ~rsdays on Feb. 8 . Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: CCC ~~Tnk:cultural Component F~ Youth Date(s) ofProj~: 1 n Inn _ q 101 . Attach a copy of the total ~~ budget or list cash expenses and cash revenues specifically identified with your program, Proj~ or events. Round off all numbers to the nearest dollar. EXPENSES Personnel - artistic Personnel - technical Personnel - administration Outside artistic fees/services Outside other fees/services MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Total cash expenses Total in-kind expenses Total project expenses cash o 1,?00 7,500 17,000 REVENUES in-kind o Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State 750 ? I;(ln . 200 ?,<;nn Ann ?<;no h,OOO 1,200 2,000 eoo 200 2,(00 400 (Itemize below) J9,200 19r250 <;4.540 (cash + in-kind) 6,000 County Membership Applicant Cash Other contributions In J(;nn D""i""lnll""~ ~;:l!ljOo~ Grant award Total cash revenues Total in-kind revenues Total project revenues cash 3,000 1,AOO o li,J47 10000 1,800 2,053 in-kind (Itemize below) 1q 250 . 1 700 . 8,500 31> 7.00 , 1Q,7.S0 <;4 <;40 . (cash + in-kind) . '. Exhibit 2: Revised Project Budget I B. Grant Award Budget Name of organization: c.c.c. Project Title: C.nl tnn.l c.omponent For Youth Date(s) of Project: 10/00 - 9/01 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant Exuenses Personnel- artistic 6.500 Personnel- technical Personnel - administrative 1,500 Space rental Tmvel (local only) MarketinglPublicity ....5 0 0 Outside artistic fees Outside other fees Other costs (ltemke below) TOTAL 8,500 Grant requirements: Grant monies _ be spenI within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cu1tura1 Arts Council's logo and the following byline "City of Miami Beach" Grant funds may not be used for: Remuneration of City employees fur nny services rendered as part ofa project receiving 8 grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment necessary fur proposed project may be purchased if the price is less ibM what is would co.t to rent the equipment) Debt reduction Out-of-county travel or transportation Fundraising events Hospitality events Events not open to the public