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World African Traditioanl Arts ~. , . City of Miami Beach Cultural Arts Council 2000/200 1 Cultural Arts Grant Agreement. This Grant Agreement is entered into this ). ~ day of ~Cl\J . 2000 between the City of Miami Beach. Florida. on behalf of the City of Miami Beach Cultural Arts Council (co1\ectively the City), and World African Traditional Arts (Grantee). 1. Grantee: Address City. state, zip Phone, fax, email Article I / Grant description ~()t\~ ~~~'('()Q\~~ 1755 Calais Dr. Miami Beach FL. 3314\ 305 8682182, 305 8689963. cupofwata@wata.com 2. Grant amount: 3.500 50"Ai paid upon execution of this Agreement. Remaining 50"Ai paid upon completion of Project, submission and appraval affinal report. 3 _ Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibit n, A and B attached hereto 5. Expenditure deadline: Seutember 30. 200 I 6. Report deadline: No later than 91) days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this g.~ day of ~ 2000. CITY OF MIAMI BEACH ~~--Moy<< ATIEST: J41PA<f r~ Robert Parcher. City Clerk GRANrEEI World African TraditionallVU Print Name of Organization. Federal ID # 65-0988636 BY: Brenda Jordan Printed Name of Chainnan or President 'b~' ~~"--' Signature (Grantee's Corporate seal) By:"1:>('~~G..... -:r ..rd.o..n Printed Name of ChiefFisca1 Officer APPROVED AS 10 FORM & LANGUAGE & FOREXECUnON p~ -S~ Signature BY: Brenda Jordan Printed Name of Executive Director ~ /DJ.-6& .t,~~~ Signature Article III General conditions I. 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. Proiect DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No.1. All expenditures will be subject to the tenns of this Agreement, and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (I 0%) 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 funnally request authorization via a letter to the Director of the Council detailing and justifYing the changes. AU Grant recipients must participate in Millmi BtNlch Second Thursdays (see Article ill-19). The following City of Miami Beach "Anchors" are required to provide specific infonnation 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, wmking on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s). Miami Beach" Anchors" for 200012001 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FlU 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. Reports: 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. Prol!l"aIll Monitorin!! 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 Bondin\!: 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 confonnance 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. Furthennore, 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. Publicitv and Credits: The Grantee must include the City ofMIIlmi &acll CuItrmIl Arts CoUlldllogo and the following credit line in all publications related to this Grant: THE OTY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the Sl!Jl1e manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liabilitv 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 perfonnance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay aU 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 hannless and defmed the City or its officers, employees, agents and instrumentalities as herein provided. Ifthe 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 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 penonal 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!l1IIlent: 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 II- I 2, below. 11. 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 if fully set forth herein, and Chapter 2, ArtiCle VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defaultffennination Provisions: In the event the Grantee shall fail to materially confono 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 have been received by the Grantee, but which have not actual1y 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 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 ftom the Director of the Council an extension ofthe 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. Indu~nce Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 offailure 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 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, Miami Beach, Florida 33139-1819. 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 Renresen1s Total AllreeI1lent: This contract, including i1s special conditions and exhibits, represen1s the whole and tota\ agreement of the parties. No representations, except those contained within this agreement and i1s attachmen1s, are to be considered in construing its tenos. No modifications or amendmen1s 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 III I Miscellaneous provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is perfonning 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 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 of 1964 (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 comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, 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 egual access and equal opportunity and services without discrimination on the basis of any disability. . , 19. All Grant recipients must participllte in "Miami Beach Second Thursdays" (Second Thwsdays), a cuhural open house on the second Thwsday of every 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 11- 12 herein. . Exhibit 1/ Revised Project description . Organization: World African Traditional Arts Project title: The African Arts on the Beach Program Completely d~be Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. I st projects proposed Through "The African Arts on the Beach" program, The organization will expose Miami Beach's youth to the cultural wealth of the arts forms of the African Diaspora. W A T A will also give students from historically Black communities (North Miami, Overtown. liberty City, Little Haiti, A1lapatah, etc.) the opportunity to experience these workshops through- out Miami Beach. This way, these youth will have the opportunity to dispel any myths about Miami Beach and to see that the Beach has a "scene" that is lively and welcoming to peoples of African origin. In collaboration with Miami Beach Parks and Recreation as well as Miami-Dade Public Schools, "The African Arts on the Beach" program, designed to bring students of all ethnic backgrounds from various Miami Beach and Greater Miami schools to sites throughout Mi- ami Beach to experience a variety of workshops exploring the African performing and vis- ual arts. Aside from "The African Arts on the Beach" program, WATA is undertaking a variety of outdoor cultural programming such as: Ochun1Yemaya Festival, a day-long festival dedicated to exploring the visual and per- forming arts associated with the rich culture of the Y oruba people of Nigeria and their western descendants (associated with Santeria of Cuba and Candomble of Brazil). African Extravaganza, A cornucopia of the African arts. Various visual artist will have an opportunity to exhibit and sell their work: participants will be able to explore arts and crafts from Africa, as well as watch a variety of cultural programming including dance and theater performances, and a fashion show. Revision of project WATA originally proposed a project "The African Arts on the Beach" program. This pro- gram would have made it possible to have workshops that interest youth on the Beach as well as make a special effort to reach the youth of various African peoples who may not have the strong economic base to actively pursue the arts. WATA also proposed the undertaking a variety of outdoor cultural programming such as: OchunlYemaya African Extravaganza, Due to lack of viable space on Miami Beach and lack offimding, WATA will be modifying the African Arts on the Beach program The new program will not he housed at anyone lo- cation on Miami Beach; it will, however, take on the following format: (I.) W A T A on Dec. 14th 2000 from 6:00-9:00 pm in cooperation with 2nd Thursdays Mi- ami Beach Arts Night will perform a dance piece" Family Blessings" at the 73rd Street and Collins Avenue Band shell in Collaboration with the Art Installation of the North Shore Park "Hispanic Family Portrait" the project of two artist from the Art Center of South Florida. (2.) World African Traditional Arts will host the First "OshunIYemaya Festival" on feI>. ruary 8th 200 1 from 6:00-9:00 pm in cooperation with 2nd Thursdays Miami Beach Arts Night and in collaboration with lroko Dance and Performance Group. at the 73rd Street and Collins Avenue Band shell. This festival is dedicated to exploring the visual and per- forming arts associated with the rich culture of the Y oruba people of Nigeria and their western descendants (associated with Santeria of Cuba and Candomble of Brazil). This fes- tival is a time when people come together to celebrate the Blessing of the Creator and the Forces of Nature specifically the Waters one being the River "Oshun" representing the sweet waters of Life (Creativity. Sensuality. Fertility. Abundance, Love, Harmony and Heal- ing). The next is the Sea ''Vemaya'' representing the Mother energy (nurturing. guiding, Healing. rejuvenating and cleansing). Fruits. Honey and Molasses are offered to ask for their Blessings in all our endeavors. (3.) World African Traditional Arts will host on April 12th from 6:00-9:00 pm. in coopera- tion with 2nd Thursdays Miami Beach Arts Night "African Extravaganza", a cornucopia of African arts. Various visual artist will have an opportunity to exhibit and sell their work: participants will be able to explore arts and crafts from Africa. as well as watch a variety of cultural programming including dance! theater performances. and a fashion show from our organization. Ware your traditional cultural attire to add to the array of Cultural expres- sion. Exhibit 2: Revised Project Budget I A. Total Project Budget World African Traditional Arts Name of organization: Project Title: . TheAfric~~ on the Beach Prozram Date(s) of Project: n..<:..'4,~"oo I'-oew \").00' !\~,,\\ l?l~oot Attach a copy of the total Project budget or list cash expenses and cash revenues specifically identified with your program, Project 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 Marketing/Publicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Total cash expenses Total in-kind expenses Total project expenses cash 2,160 in-kind 710 REVENUES cash in-kind Admissions -- Contracted services 1,200 Tuitions Corporate support 1.020 Foundation support 1.470 Individual support 1,500 500 Government grants Federal State 2,200 1,200 1,000 _ 500 . _ 500 300 :il!L. 1,060 250 (Itemize below) Other contributions (ltemit.e below) Grant award _ 3,500 7,470 2,710 10,190 (cash + in-kind) Total cash revenues _ 7,470 Total in-kind revenues _ 2,710 Total project revenues --1-0,190 (cash + in-kind) ,. Exhibit 2: Revised Project Budget I B. Grant Award Budget World African Traditional Arts Name of organization: Project Title: The African Arts on the Beach Program Date(s) of Project: \)<-<.:..,>\., >.eDD 1'. \:). $,'00\ Poor, \ '''","'-00 \ Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant ExDellleS Personnel - administrative 1,440 1,000 Personnel- technical Personnel-lUtistic Space rental Travel (local only) MarketinW!'ublicity Outside artistic fees Outside other fees Other costs (ltnlllze below) MaterialslSupplies 1,060 TOTAL 3,500 Grant requirements: Grant monies _at be spmt wilhin budget categories agreed upon in contract All publications associated with Miami Beach Cultuml Arts Cuuncil grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" Grant fuDds may not be UBed for: Remuneration of City empIoyees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment necesslll)' for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-county travel or transportation Fundraising events Hospl1ality events Events not open to the public ~t:> I ff-.-< ~ 3l ~i.M srR:g al il,.f~ ~_.~ ~[~ i5~W- -Ii .f Imli.( ~~~ ft>O' ~:j(bg:.fl')a-~ -?p,..~rog~f:$ ),. ::F--.s Q e- 0 " o-l'b '< IIi..::1 D,3" !;::' 70 .....,. rl- ........ ~ .-.:: ~?::j ;?'-@ 0 Y' O)~ ~:e-~'"";;~.c-a. z:>.::3' ."f}:;:' bJ,'~, rl- ~ R 0 3 M.:;;" ~ 0, m -;- tr-Q-: g.:..g :::r'\];' J;,.> ('I ;:: 0" f!l .f,:.)" g;....." ~ ~ :::3, t..Q., "'T1" ~ a A-~ ..-...0 ~",,:tt :c :x:4 if'?; n n' ~. 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