HomeMy WebLinkAboutR-81-0869w *}r}
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r, RESOLUTION NO. $ 1 7
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO
ACCEPT GRANTS FOR A CULTURAL PROGRAM BASED
ON AFRO-AMERIGAN fiERITAGE ENTITLED "KWANZAA
FESTIVAL-5th YEAR" FROM METROPOLITAN DADS s
r, COUNTY, THE NATIONAL ENDO<1MENT FOR THE ARTS, h
AND OTHER REVENUE SOURCES, AND FURTHER AU-
z`�' THORIZING THE CITY MANAGER TO EXECUTE THE ;
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NECESSARY IMPLEMENTING CONTRACTS AND AGREE -
NECESSARY MENTS UPON RECEIPT OF THE GRANTS.' -
WHEREAS, the Cultural Division of the Department of Leisure Services
has developed a program based on Afro-American heritage in cooperation with
the Kwanzaa Festival Committee of South Florida, Inc.; and
WHEREAS, "Kwanzaa Festival-5th Year" is the subject of a $14,0006 grant
from Metropolitan Dade County Tourist Development Funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COPIMISSION OF THE CITY OF MIAMI
FLORIDA:
Section 1. The City Manager is hereby authorized to accept grants for
' "Kwanzaa Festival-5th Year" from the Metropolitan Dade County Tourist Develop-
ment Fund, the National Endowment for the Arts and other public and private
sources, and execute the necessary implementing contracts and agreements upon
receipt of the grants, subject to applicable Code provisions.
PASSED AND ADOPTED this 7th day of OCTOBER 1981
Maurice A. Ferre
M A Y 0 R
ST : ;
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RALPH G. ONGIE, CITY CLERK U'
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PREPARED AND APPROVED BY:
p.
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
y
APPROVED AS T ND CORRECTN S:
described herein in consideration for the recipient's agreement
to abide by all the following terms and conditions:
1. Parties: The parties to this Agreement are the
Grantee listed in Article I, and Dade County, Florida, a
political subdivision of the State of Florida. Dade County
81 • 869
h9s delegated the responsibility of administering this Grant
to the Executive Director of the Dade County Council of Arts
and Sciences, or his/her designee, who shall be referred to
herein as the "Director of the Cc)urlcil."
Z. Project Description: The Grantee may use the Grant
only for the purposes which are specifically described in
the Project Description attached hereto as Exhibit Ill. All
expenditures will be subject to the terms of this Agreement
and the Itemized Line Item Budget, attached hereto as Exhibit
02. The Grantee's expenditures of Grant funds are to be only
for the items specified in the Itemized Line Item Budget.
The Grantee must limit its expenditure of Grant funds for
each line item category to the amounts specified in the Itemized
Line Item Budget, except that the Grantee will be permitted
to change the expenditure for specific items in the Itemized
Line Item Budget if such changes do not exceed ten percent
(10%) per category and so long as the amount of Grant funds
allocated for other categories is adjusted so that the total
expenditure of Grant funds does not exceed the original budgeted
amount. Any change in line item expenditures of Grant funds
in excess of ten percent (100) shall require the advance
written approval of the.Director of the Council; however,
he/she may not approve an increase in the total amount of
the Grant.
3. Reports: This Grant.has been awarded with the
expectation that the described project will promote Dade
..County tourism by attracting tourists to Dade County or by
providing cultural or entertainment activities which will
be attended by visitors to Dade County. To demonstrate that
the Grant is fulfilling, or has fulfilled, its purpose of
promoting tourism, the Grantee must supply the Director of
the Council with written reports documenting, among other
matters, that the Grant has promoted tourism. These reports
are to be received by the Director of the Council pursuant
to the Reporting Schedule contained in Article I.
Due to the unique nature of each Grant, the means by
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which each Grantee will report and document the effect of
the Grant upon tourism will be unique for each Grantee and
each project. 'Therefore, within a reasonable time after the
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execution of this Agreement, and no later than three (3) weeks
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prior to the date upon which the Grantee's first report will
be due, the Grantee and the Director of the Council are to
determine reasonable reporting procedures and the substantive
contents required for each report in order to document whether
or not the Grant is fulfilling its intended purpose of promoting
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tourism.
4. Amount of Grant and Payment Schedule: The total
amount of the Grant is specified in Article I. By making
this Grant, Dade County assumes no obligation to provide
financial support of any type whatever in excess of the total
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Grant amount. Cost overruns are the sole responsibility of
the Grantee. The Grant funds will be supplied to the Grantee
pursuant to the Payment Schedule specified in Article I.
S. Program Monitoring and Evaluation: The Director
of the Council may monitor and conduct an evaluation of
operations under this Grant, which may inlcude visits by
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County representatives to observe the Grantee's programs,
procedures, and operations, or to discuss the Grantee's programs
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with the Grantee's personnel. The Grantee shall give the
Director of the Council advance written notice of all meetings
of its Board of Directors or governing board and the Director
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of the Council or his designee will be permitted to attend
such meetings. Moreover, the Grantee agrees to allow designated
representatives of the Council or its designee free access
to all events sponsored under this agreement for the purpose
of evaluating the tourism and cultural impact of these sponsored
events and activities.
6. Bank Accounts and Bonding: Monies received pursuant
to this Agreement shall be kept in accounts in established
Dade County banks or savings and loan associations whose.
identities shall be disclosed in writing to the Iirector of
the Council. These accounts need not be accounts which are z;
"3' 81 - 8 69
gogregated from other accounts maintained by the Grantee.
The only Grant funds which need not be kept in banking ins-
titutions arc the amount of Grant funds reasonably needed
to be kept as cash immediately at hand for authorized expendi-
tures. The identity and title of individuals whom the Grantee
authorizes to withdraw or write checks on Grant funds from
the banking institutions shall be disclosed in writing to
the Director of the Council.
The Director of the Council shall receive written assurance,
that all persons handling funds received or disbursed under
this Agreement are covered by fidelity insurance in an amount
consistent with sound fiscal practice and with coverage accept-
able to the manager of the Insurance and Risk Management Division
of Dade County. The Grantee',s employee }Lonesty bond must
be endorsed to include Dade County as the loss payee. The
bond shall be written through a reputable and responsible
agency licensed to do business in the State of Florida. The
surety shall have a general policyholder's rating of "A" or
better as reported by Best's Key Rating Guide, published by
Best Co., latest edition.
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 cancelled checks, shall be retained in Dade
County in a secure place and in an orderly fashion by the
Grantee for at least t1gO (2) years after the Expenditure
Deadline specified in Article I. 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 reserves the right to require the Grantee to
submit to an audit of all the financial records of the Grantee,
whether or not purported to be related to this Grant, by an
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auditor of the County's choosing.
shall be borne b}• the Grantee.
8. Publicity and Credits:
The cost of said audit
The Grantee must include
the following credit line in news releases and programs related
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to this Grant: WITH THE SUI'I'ORT Or THE I)ADE COUNTY COUNCIL
OF ARTS VD SCIENCES, THE TOURIST DEVELOPMENT COUNCIL, AND
TILE METROPOLITAN DADE COUNTY BOARD OF COUNTY COHMISSIONERS.
9. Liability and Indemnification: It is expressly
understood and intended that the Grantee is merely a recipient
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of Grant funds and is not an agent of Dade County, its Board
of County Commissioners, the Dade County Council of Arts and
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Sciences, or the Dade County Tourist Development Council.
In the event a claim or lawsuit is brought against Dade
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County, its Board of County Commissioners, the Dade County
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Council -of, Arts and Sciences, -the Dade County Tourist Develop-
ment 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 actions,
and judgments of any type whatsoever arising out of the
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operation of this Agreement, and the Grantee shall pay all
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costs, attorney's fees, and expenses incurred by the afore-
mentioned 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. Conflict of Interest: The Grantee agrees to abide
by and be governed by all applicable laws, 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.
12. Remedies and Expenditure Deadline: In the event
the Grantee should fail to conform materially 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
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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 any, term or condition of this Agree-
ment, 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 which have been received
by the Grantee, but which have net actually been disbursed
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by the Grantee as of the date that the written demand is
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received. In the event that this Grant is cancelled or the
Grantee is requested to repay Grant funds because of breach
of this Agreement, the Grantee will not be eligible to apply
d to the Dade County Council of Arts and Sciences for another
Grant for a one year period commencing on the date the Grantee
is notified in writing of the breach of this Agreement.
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The Grantee will be liable to reimburse Dade County for
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I all unauthorized.expenditures of Grant funds, including un-
authorized expenditures discovered after the expiration of
the Grant period. The Grantee will also be liable to reimburse'
the County for all lost or stolen Grant funds.
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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 I must be returned
to Dade County 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.
1,
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 due,
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 he Waiver of Breach: The
indulgence of either party with regard to any breach or failure
to perform any provisions of this Agreement shall not be deemed
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to.constitute a waiver of the provision or any portion of
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this Agreement either at the tine the breach or failure occurs
or at any time throughout the term of this Agreement.
14. Cancellation if Grant Tides Not Promote Tourism:
If the Council, in its sole discretion, determines that the
grant project is not fulfilling its intended purpose of promoting
tourism, this will be sufficient cause to cancel any additional
payments which may be due to the Grantee pursuant to this
Grant; provided that the Grantee must be advised of such
cancellation in writing at least thirty (30) days prior to
the cancellation.
15. Written Notices: Any written notices required under
this Agreement will be effective when delivered in person
or upon the receipt of certified letters addressed to the
Grantee at the address specified in Article I of this Agreement,
and to the Director of the Council when addressed as follows:
Executive Director, Metropolitan Dade County Council of Arts
and Sciences, Suite 281, Downtown Center, 200 S. Miami Avenue,
Miami, Florida 33130.
16. 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.
17. Contract Represents -Total Agreement: This contract,
including its special conditions and exhibits, represents
the whole and total agreement of the parties. No represen-
tations, 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,
. 81 •869
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Commission
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CITY OF MIAMI CULTURAL DIVISION
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GRANTEE:
ICES
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on the day
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ram"
By �-
HOWARD V. GARY, City Manager
(Grange"s.Corporate
�ea�)
By `�-----.-�---
CARRG GARCIA, Acting Finance Director
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rtrltsr,v��`{`„
R.G. ONGIE City Clerk
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TO.
CITY OF MIAMI. FLORIDA -
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1147, 4 _��,CEl1)%IEMORANDUM
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SEP DATE September 21, 1981 FILE
Howard V. Gary p
City Manager
FROM Albert H. Howar , Director
Department of Leisure Services
susJFcT Resolution to Authorize the
City Manager to Accept Grants for
the 1981 Kwanzaa Festival
REFERENCES, "Kwanzaa Festival-5th Year"
ENCLOSURES. Subject Resolution
It is recommended that the City Commission
authorize the City Manager to accept grants
for a cultural program based on Afro-American
heritage entitled "Kwanzaa Festival-Sth Year"
from Metropolitan Dade County, the National
Endowment for the Arts, and other revenue
sources, and further authorizing the City
Manager to execute the necessary implementing
The attached resolution will authorize your acceptance of the County
grant via the attached Grant Agreement provided by the County and
reviewed by the City Law Department. No matching funds are required
from the City. The resolution will also authorize your acceptance
of other anticipated resources. City funds for Kwanzaa have been ear-
marked in the FY 81/82 budget, Special Programs and Accounts, Quality
of Life Program -City Wide Events and Community Festivals, now pending
your approval of Festival Advisory Committee recommendations, and
would be appropriated with other resources after Commission action.
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METRO?CIvIT:,N DADE COUNTY, FLORIDA COUNCIL 8F AR7t AND Sc1ENC�S
119 EAST FLAGLER STREET
SUITE 241
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M10,11, FLORIDA 33131
METRO a (305) 579.4634
IW. U`t� ; {
City of M'ami Cultural Division
Dept of Leisure Services
ant No .HT(80/81)38 -
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The following information is required as a condition of your contract
immediately.
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for the 1981 Tourist Tax Grants. Please fill out and return
DESIGNATED BANK ACCOUNT
in which funds will be kept: Pan American Bank. N.A.
Address 250 s B First Street, _Miami,�'�br;cla 3131`
Acct. # _ 012 867 0802
PERSONS AUTHORIZED Carlos E. arcia _TITS Dire c or of Finance
to Withdraw Funds
or Write Checks Robert B. Burns TITLEAss't.Finance Director
Gary M. Houck TITLE Ass't.Finance Director
SURETY BOND: Attach copy of bond. Employee honesty bond must be endorsed
to include Dade County as the loss payee.
Bonding AgenCV Fidelity & Deposit of 6laryland
c/o Baldwin Insurance Company
Address 840 Biscayne Boulevard
on-
�t;�; $200,000.00 Blanket Bond Coverage/eachzmployees of t
Arm:',Surety
Cit of Miami
coverage must be for the total armimt. o the project
DATE PREPARED: CITY OF MIAMI FED/STATE
Seoter:ber :, 1'381 GRANT FACT SHEET GRANT # HT (80/81) 38
NAME OF PROGRAM Kwanzaa Festival 1982 (5th Year)
FUNDING PERIOD From July 28, 1981 To March 1, 1982
GRANTOR AGENCY Metropol i tan Dade County
GRANTEE AGENCY City of Miami }
ADMINISTRATING DEPT. Leisure Services/Cultural Division •
GRANT MANAGER Akua L. Olu phone 5794003
CITY AUTHORIZATION
APPLICATION DATE
APPLICATION STATUS
Resolution # Date Ordinance # Date
FUNDING: Federal
State
Metro Dade
Local Required
Local Added
Total
Approved___X. Pending_
14,000 %)
30,000
$ 44,000 ( 100.0%)
SOURCE OF LOCAL FUNDS:
FY 181-82
Special
Programs
and Accounts:
Matching
Funds for
Grants -
$20,000
Contributions and gate
receipts
- $10,000
CITY REVENUE CODES 026006.348 (Metro -Dade Tourist Bed Tax) . 349 (other
public and private contributions)
CITY EXPENDITURE CODES Project # 615005 Index Code # 370508
FEDERAL CATALOGUE N.A. Tourist Development Tax Cultural and Special
Events Fund
AUTHORIZING LEGISLATION
REPORTING REQUIREMENTS
BRIEF DESCRIPTION Funds will be used to support the Kwanzaa I
Festival to
REMARKS
Page
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0
MEtRo:50LITAN DADE COUNTY FLORIN
MFTRD DD
• 28 July 1981
COUN IL Oft Mitt AND 90PNCe9
1 i9 EAS? FLAGLER STREET
SU1 E N1
MIAMI. PLORIDA 3313i
(3o5) 619.4034
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• Dry Antonino Hernandez-Lizaso
'
Coordinator, Cultural Division
,..
Department of Leisure Services
City of Miami
2550 South Bayshore Drive
Miami, Florida 33133
Dear Dr. Lizaso:
As per my meeting of this date with
Ms. Akua Olu, Project Coordinator
for kwanzaafest 1981, enclosed please
find the original Grant Agreement
between the City of Miami Cultural
Division, Department of Leisure
Services, and Dade County regarding the County's grant to the City
of $14,000 from the Tourist Development Tax Cultural and Special Events
Fund. Please review the contract
carefully, since failure to comply
with its provisions may result in
withholding or cancellation of payments.
Please return the executed contract to us (the contract requires three
signatures -- those designated as signatories on last year's Grant
Agreement were the City Manager, the Director of Finance and the City
Clerk) at your earliest convenience. Along with the contract, please
include a copy of the latest revised budget, as this item will become
part of the contract. In addition, please complete and return the
additional form enclosed, requesting information on bank accounts and
surety bonding.
If you have any questions or if I can be of assistance in any way,
please do not hesitate to contact me.
On behalf of the Council, I am
Sinc-ereTy,
:Clara Boza
i' Administrative Assistant....'.
Enclosures `r --
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cc: Ms, Akua L. Olin
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