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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