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HomeMy WebLinkAboutR-90-0097J-90 -87 12/14/89 RESOLUTION NO 90- 0097 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE METRO DADE CULTURAL AFFAIRS COUNCIL, COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF $4,000 IN CONNECTION WITH THE MIAMI/ORGANIZATION OF AMERICAN STATES INTERNATIONAL CONCERT 1989-90 SERIES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO ACCEPT AND IMPLEMENT SAID GRANT SUBJECT TO APPLICABLE CITY CODE PROVISION. WHEREAS, the Metro Dade Cultural Affairs Council has for the second year funded the City of Miami grant in aid request to support the Miami/Organization of American States International Concert Series; and WHEREAS, no further cash match is requested from the City as this Metro Dade Cultural Affairs Council grant is sufficiently matched by the Organization of American States $25,000 grant in aid to the City cosponsoring this concert as provided by Resolution No. 89-508; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized to accept a grant in substantially the attached form, from the Metro Dade Cultural Affairs Council, Community Grants Program in the amount. of $4,000 to support the Miami/Organization of American States International Concert 1989-90 Series. Section 2. The City Manager is hereby authorized to enter into the necessary agreements'/ to accept the grant and to implement this project subject to applicable City Code provision. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. M n' P, P, e� iri .r. CITY CoI%USSION MEETING OF FEbd_. M97 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of February , 1990. VIER L. SUAREZ, OYOR PREPARED AND APPROVED BY: 692ki�� ALBERTINE B. SMITH ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Month: METRO-DADE CULTURAL AFFAIRS COUNCIL FY 1989-90 COMMUNITY GRANTS PROGRAM R 4.Z_ _`2 / i . • Organization: . Dear Applicant: The Community Grants Program Panel of the Cultural Affairs Council , convened to deliberate and recommend funding awards for the first quarter of the program. The recommendations were approved by the Cultural Affairs Council and will be presented to the%Board of County° Commissioners for final approval. They Community Grants Program Panel has recommended a grant award of $--�:�C[v-+�' in support of your project. CONTRACTS Enclosed is the. Grant Agreement Packet for your organization. The Agreement requires three* signatures of Board -Members or authorized representatives of the organization, including the President or Chairman of the Board, the Chief Fiscal Officer and the Project Director. Each of the seven (7) signature pages enclosed must bear original signatures with the Organization's Corporate Seal affixed in the designated spaces. If the corporate seal is unavailiable p please include a copy of the Articles of Incorporation. EXHIBITS I AND 2 Please remember to attach a copy of Exhibit 1:'Revised Project Description and Exhibit 2:' Revised Project Budget and' Revised Grant Budget to each completed contract (seven (7)'in total). Please follow instructions on the Exhibits. Failure to attach the correct completed revised project description and budget will result in delayed agreements and checks. Grantees not awarded the full amount.* of funding 'requested are urged to allocate grant monies toward expenses designated for Community Grants Program support in original budgets. * Important: Metro -Dade County Employees may not sign as representatives of any organization awarded County dollars. 90-0097 e; GRAFT AGREEMENT Vie Community Grants FY 89-90 The AletropoIitan Dade County Cultural Affairs Council, and the Board of County Commissioners are pleased to announce that Dade County will award the grant described herein in consideration for the recipient's agreement to abide by aIt the following terms and considerations set forth in Articles 1, II F. III. ARTICLE 1 DESCRIPTION OF GRANT 1. Grantee (Name and Address) : City of Miami Dept. of Community Development, Cultural Division 1145 N. W. 11 Street Miami, Florida 33136 2. Total Amount of Grant: $4,000, 3. Project DescriLtion: (See Exhibit fi, attached hereto.) 4. Itemized Line Item Budoet• (See Exhibit P2, attached hereto.) S. Expenditure Deadline: September 30, 1990 6. Report Schedule: 45 days after project completion IN WITNESS WHEREOF, the parties hereto have executed this Agreement: ATTEST: DADE COUNTY, FLORIDA by its BOARD of COUNTY -COMMISSIONERS on the day of , 19 Jerk, bade CountyCount), omrnission By ounty Manager (Grantee's Corporate Seal) Approved for form and legal sufficiency: Ass stant Dade County Attorney GRANTEE : on the day of 19 By airman or President Type or Print Above Signature By reasurer i e Fiscal Officer Type or ?­FTRI—Above Signature By Executive erector- Phone um er Type or Print Above Signature ARTICLE II GENERAL CONDITIONS 1. Parties. The parties to this agreement are the Grantee listed in Article 1, and Dade County, Florida, a. political subdivision of the State of Florida. Dade County has delegated the responsibility of administering this Grant to the Executive Director of the Metropolitan Dade County Cultural Affairs Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Project Description: The Grantee may Only use the Grant for the purposes which 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 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 grants funds. ;. Reports: This Grant has been awarded with the expectation that the described project will enhance and develop Cade County's tourism and cultural com-nun;ty. 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 according to the schedule listed under Article I. 6 above. 4. Amount of Grant and Payment Scheduler The total amount of the Grant Is specified in Article 1.2. By making this Grant, 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 Crantee. The Grant funds will be supplied to the Grantee subsequent to Board of County Commission approval of the award. S. Proaram hionitorinc 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 County representatives to observe the project or Grantee's programs, procedures, and operation, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bondino: Monies received pursuant to this agreement shall be kept in accounts in established Dade County banks or savings end 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 rrade in conjunction with this Grant, such as vouchers, bills, invoices, receipts and cancelled checks, shall me retained in 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. S. These boobs, 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, z.t 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. G. Publicity and Credits: The Grantee must include the following credit line in all promotional and marketing materials related to this grant, including public announcements, press releases, programs, print and broadcast media: WITH THE SUPPC;.'e OF THE A".ETROPOL I TAN DADE COUK Y CULTURAL AFFAIRS COUNC I L AND THE METROPOLITAN DADS COUNTY BOARD O: COUI\'TY COMMiSSiONERS. 9. Liabilit;► and Indemnification: It is expressly understood and intended that the Grantee is merely a recipient of Grant funds and Is not an agent of Dade County, Its Board of County Commissioners or the Metropolitan Dade County Cultural Affairs Council. In the event a claim or lawsuit• is brought against Dade County, Its Board of County Commissioners, the Metropolitan Dade County Cultural Affairs Council, or any of their officers, agents, or employees, the Grantee hereby agrees to indemnify, save harmless, and defend any and all claims liabilities, causes of action, and judgements of *ny type whatsoever arising out of the operation of this agreement and the Grantee shall pay all costs, attorney's fees, and expenses incurred by the aforementioned entities or individuals in connection with such claims or suits. 10. Assignment: The Grantee Is not permitted to assign this Grant, and any purported assignment will be void. 11. Comeliance_with Laws: The Grantee agrees to abide by and be governed by all applicable federal, state and county laws and terms of Grants to Dade County of which this is a subgrant, including but not limited to Dade County's Ordinance No. 72-82 (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. r 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 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 County shall have no further obligation to the Grantee under this agreement. Further, in the event of a material breach of cny term or condition of this Agreement, upon five (5) calendar days' written demand by the Director _ of the Council, the Grantee shall repay to Dade County all portions of the Grant v-hich 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 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 tletropolitas; Dade County Cultural Affairs Council for another Grant for. a one year period corranencina on the date the Grantee is notified in writing of the breach of this Agreement. The Grantee will be liable to. relmburse Dade County for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reirnburse 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 Dade County within 1S days after the Expenditure Deadline; If such funds have been convnitted 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 Dade County pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount doe, payable to 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. 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 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 Kill be effective when delivered in person or upon the receipt of certified letters addressed to the Grantee a. the address specified in Article 1.1 of this Agreement, and to the Director of the Council when addressed as follows: EXecutIve Director, Met ropoIItan Dade County Cultural Affairs Council, 1i1 N.W. 1st. Street, Suite 625, Miami, Florida 33128. 15. Cautions 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 Represents 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 Board of County Commissioners. ARTICLE III SPECIAL CONDITIO,\'S The Grantee also accepts and agrees to comply with the following Special Conditions: The grantee hereby agrees that it null Comply %,Ith Title VI of the Civic Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex in any program or activity receiving County support. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Memb s of the City Commission FROMCesar H. Odio CA=13 DATE : JA N 3 01990 FILE SUBJECT Resolution accepting a grant from the Metro Dade Cultural Council REFERENCES: City Manager COmmisS4on Agenda Item ENCLOSURES: February 8, 1990 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution. The proposed resolution provides authorization for the City Manager to accept a grant in aid from the Metro Dade Cultural Council in the amount of $4,000 in connection with the City of Miami/Organization of American States International Concert Series. This grant is in support of the Organization of American States grant to the City accepted via Resolution No. 89-508.: BACKGROUND: The Department of Community Development has prepared the attached resolution. This resolution authorizes the City Manager to accept a grant of $4,000 from the Metro Dade Cultural Council in support of the City of Miami/Organization of American States International Concert Series. No further cash match is requested as the City has fulfilled this requirement via a grant from the Organization of American States by Resolution No. 89-508. The City Manager is further authorized to enter into the necessary agreement to implement the grant in compliance with City of, Miami applicable regulations. Attachment: (1) Resolution