Center for Folk & Community Art $10K~~. a~ ~ ~~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
_.~------ day of , 2008, between the City of
This Grant Agreement is entered into this
Miami Beach, Florida (the City), and (Grantee).
Article I I Grant Description
Grantee: Center for Folk and Community Art
Grant Contact: Dena Stewart
Address: 1800 Michigan Avenue
City, State, Zip: Miami Beach, Florida 33139
Phone, fax, a-mail : 305-534-8807, 305-534-8807, dena~denastewart.us
Grant amount: $ 10,000.00 50°~ paid upon execution of this Agrr?ement. Remaining 50%
2 royal of Final Report.
paid upon completion of Project and submission and app
3. Project description: See Exhibit 1, attached hereto
4, Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
October 27, 2008
5, Contract deadline:
September 30, 2009
g, Expenditure deadline:
7, Project completion date: Before September 2009
Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
8.
completion date.
day of ~ 2~a'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
Matti H. Bower, Mayor
st: ~ ~-
Atte
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE _
8~ FOR EXECUTION
!o ju ~~
e~~~" ~~ a
(Grantee's Corporate Seal Here)
GRANTEE: Center for Folk and Community Art
Federal ID #: 65-0209779
BY: Stewart Stewart, Executive Director
Printed Name of Organization's Authorized Representative
Signature ,
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
The foregoing instrument was acknowledged before me this day of ~ ~" ~ 2008, by Stewart Stewart,
Executive Director of Center f F/plk and Community Art, snot-for-profit corporation. ~/She is personally known to me or has
produced ~~ L ~l ~--- ~ as identification.
~`~"'- ~
~,
Signature of Notary Public
' £:
/'~ d rrl s ~ STC~~~~~
Notary Name:
~*AY Vp~`c MVfY'11S R. a1CG~Yi~
Notary Public, State of Florida ~ : ""~•
* * MY COMMISSION # DD 666129
EXPIRES: May 4, 2011
~^~~'OF FIOP~~~ ~111M1 ~flNll BI~Bt NOWT ~81Y~Oli
My Commission Expires: S ~ ~ //
>~-
`.
YC. .:
.~,, ~ r$
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 City's Cultural Affairs Program Manager or his Designee.
2. Proiect Descriation: 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
terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-
B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said
expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written
consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in advance, in
writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final
report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural
Affairs Program Manager or his Designee within 45 days of the Project's completion date. Grantees
completing their Project by Fiscal Year End, September 30, 2009, must submit their final reports no later than
November 15, 2009.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specked in Article I-2
(subject to the restrictions in Article I-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, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager or his Designee 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 Cultural Affairs Program Manager or his Designee 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 I-5. These books, records, and documents may be examined by the
Cultural Affairs Program Manager or his Designee or his Designee at the Grantee's offices during regular
business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his
Designee 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. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article II-12.
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 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 Grantee
entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one
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, and shall be treated as an event of default pursuant to Article II-12.
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 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of
the provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this
Agreement and 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 termination, the Grantee shall be required to immediately repay to the City
all portions of the Grant which have been received by the Grantee, as of the date that the written demand is
received.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply andlor receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
apply for future grants shall remain within the sole discretion of the City.
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 from the Cultural Affairs Program Manager or his Designee an extension of the Expenditure
Deadline which, if approved, shall be 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 upon demand
by delivering to the Cultural Affairs Program Manager or his Designee 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. Indulgence 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.
<!--[if !supportLists]-->14. <!--[endifJ-->Wrien 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-1 of this Agreement, and to the City when addressed as follows:
Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Guttural
Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
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 Rearesents 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 III /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 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 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 equal access and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue
for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the
U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
Exhibit 1 /Revised Project Description
Organization: Center for Folk and Community Art
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
Our multi-faceted North Beach Initiative Project at the Log Cabin on 81st Street and Collins Avenue will include: ^ A
series of hands-on art-making workshops with approximately 45 adults with disabilities (members of Sunrise
Community), as well as their trainers and care providers; ^ A community event at the Log Cabin to debut the
Tapestry (a montage of the stories and artwork created at the workshops); ^ A series of public tapestry exhibitions
and group forums (seminars) at other Miami Beach and Miami-Dade County locations for thousands of community
members to view the artwork and team about the people who work at the Log Cabin.
The tentatively designated start date is October 2008. The "event" will be scheduled shortly after the Tapestry is
crafted. Following that, seminars and exhibitions will take place.
Dena Stewart and Stewart Stewart, professional artists each with a long history of producing and facilitating art projects
and events, will teach workshop participants, adults who attend Log Cabin Programs, how to think like artists and
create artwork that communicates their understanding of how art has influenced their lives.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the
work is new or has never before been presented in Miami Beach.
There are no foreseeable changes at this time.
Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Center for Folk and Community Art
Date(s) of Project: October 1, 2008 -before September 1, 2009
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
CASH IN-KIND
Personnel -artistic 10,000 2,000
Personnel -technical 500 150
Personnel -administration 7,000 2,500
Outside artistic fees/services 0 0
Outside other fees/services 500 0
Marketing/Publicity 250 100
Space rental 0 0
Travel 100 0
Utilities 500 0
Equipment rental 0 0
Office supplies 500 125
Insurance/Security 0 0
Other Costs: (Itemize below)
printing 100 25
postage 50 0
Hospitality 500 100
Total cash expenses 20,000
Total in-kind expenses 5,000
Total project expenses 25,000
CASH ~ IN-KIND
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
County CBO Funds
CASH IN-KIND
0 0
0 0
0 0
0 350
3,000 0
0 4,650
2,000 0
5,000
Other Contributions (Itemize below)
City of Miami Beach Grant Award 10,000
Total cash revenues 20,000
Total in-kind revenues 5,000
Total project revenues 25,000
CASH 8~ IN-KIND
Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Center for Folk and Community Art
Date(s) of Project: October 1, 2008 -before September 2009
Grant Award: $10,000.00
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may
only be spent within budget categories declared below. Line item changes to said Budget shall not
exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of
Grant funds
Grant Expenses
Personnel -artistic 8,000 Equipment Rental
Personnel -technical 500 Space rental (Performance)
Related Only)
Outside -artistic fees 500 Insurance (Performance)
Related Only)
Marketing/Publicity
Total Other Costs (itemize)
Supplies/Materials 500
Event/Hospitality 500
TOTAL (must equal grant award): 10,000