HomeMy WebLinkAboutR-80-0690ell
RESOLUTION NO. $ 0 - 6 9 0
A RESOLUTION AUTHORIZING THE CITY ;^ANAGER TO ACCEPT
GRANTS FOR A CULTURAL PROGRAM BASED ON AFRO-AMERICAN
HERITAGE ENTITLED.."KWANZA FESTIVAL-4th YEAR" FROM
METROPOLITAN DADE COUNTY, THE FINE ARTS COUNCIL OF
FLORIDA, THE NATIONAL ENDOWS"ENT FOR THE ARTS, AND
OTHER REVENUE SOURCES, AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING tt•J � � �' �'� �-�^� 1 f
CONTRACTS AND AGREEMENTS UPON RECEIPT OF THE GRANTS.
Dr.,
r' Y
WHEREAS, the Cultural Experiences Division of the Department of Leisure
Services has developed a program based on Afro-American heritage in cooperation
with the Kwanza Festival Committee of South Florida; and
WHEREAS, "I"Wanza Festival-4th Year" is the subject of a $25,000. grant
from Metropolitan Dade County Tourist Development Funds;
NOW THEREFORE, BE IT RESOLVED BY THE COVMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to accept grants for
"Y.vianza Festival-4th Year" from the Metropolitan Dade County Tourist Develop-
ment Fund, the Fine Arts Council of Florida, the National Endowment for the
Arts, and other public and private sources, and execute the necessary imple-
menting contracts and agreements upon receipt of the grants.
PASSED AND ADOPTED this 25 day of
ATTEST:
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RALP ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK, ASS1 TANT CITY --ATTORNEY
APPF,UED AS TO FORM AND CORRECTNESS:
GE I1. KNOX, JR. ,
SEPTEMBER , 19 80 .
MAURICE A. FERRE
MAURICE A. * F RRE, rAYOR�
"DOCUMcNT INDEX
ITEM NO, —
CITY COMMISSION
MEETING OR
RE80LUilUN N0. 8 n r 6 9
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CITY OF FLOOF"'�A
ItV'rEt7.OF ICC: NIVNiORANOLIM
TO Richard L. Fosmoen,
City Manager
r
F J,, Abe �!Vok d, Director
Leisure Services Department
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VAIL September 12 1980 FILE
�E. Resolution to Authorize the
City Manager to Accept Grants
the 1980 Kwanza Festival
"Kwanza Festival-4th Year"
Subject Resolution
Metro. Dade Grant Agreement
It is recommended that the City Commission
authorize the City Manager to accept grants
for a cultural program based on Afro-American
heritage entitled izKwanza Festival- t Year
from Metropolitan Dade Count, the Fine Arts
Council of Florida,the'National Endowment
fore Arts, and other revenue sources, and
furtFier authorizing the City Manac►er to execute
the necessary implementing contracts and
agreements upon receipt of the grants.
The above -mentioned grant from Metropolitan Dade County
consists of a $25,000. award from Tourist Tax funds for
three programs to be conducted by the City during this year's
Kwanza Festival in December. The County --sponsored program
will include an appearance by the National Dance Theatre of
Jamaica, a gospel music performance by the Edwin Hawkins
Singers, and a jazz presentation for which several artists
are under consideration.
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 Kwanza have been earmarked in the
FY 80/81 budget, and would be appropriated with other re-
sources after Commission action.
The City Commission has acted favorably on requests for the
Kwanza Festival program the past three years. This year's
activities will continue to provide significant cultural
and educational events to the citizens of the City of Miami
and Dade County.
cc: George F. Knox, Jr.
City Attorney
Monahar Surano, Director
Department of Management and Budget
,,SUP ► 0,RTl`VE
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GRANT AGREEMENT
The Dade County Council of Arts and Sciences, the
Tourist Development 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 all the following terms and conditions:
ARTICLE I
DESCRIPTION OF GRANT
1. Grantee (Name and Address):
CITY OF MIAMI CULTURAL DIVISION,
DEPARTMENT OF LEISURE SERVICES
P,O, Box 330708
Miami, Florida 33133
2. Total Amount of Grant:
$25,000-00
3. Project Descri tp ion:
hereto.)
(See Exhibit #1, attached
4. Itemized Line Item Budget:
attached hereto.)
5
(See.Exhibit N2,
S. Reporting Schedule:
September 1, 1980
October 1, 19SO
November 1, 1.980
?;larch 3, 1981 (Final
Report)
6. Payment Schedule:_
August 15, 1980
$10,000.00
September 15, 1980
5,000.00
October 15, 1980
5,000.00
7. Expenditure Deadline:
February 15, 1981
ARTICLE II
GENERAL CONDITIONS
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,,SuPpD RTIVE
C PvIENTS
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November 15, 1980 $5,000
I. 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
has delegated the responsibility of administering this Grant
to the Executive Director of the Dade County Council of
Arts and Sciences, or his designee, who shall be referred
to herein as the "Director of the Council.,,
80-690 .
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2. Project Description: The Grantee may use
the Grant only 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 the Itemized Line Item Budget, attached hereto as Exhibit
No. 2. 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 (10U 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 (10%) shall require the advance written approval
of the Director of the Council; however, he 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 that the ff
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 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 execution of this Agreement, and no later than three
ORTIVE
Wo LlUMtNTS
"2" FOLLOW,
(3) weeks 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 so
as to document whether or not the Grant is fulfilling its
intended purpose of promoting tourism.
4.
Amount of
Grant and Payment Schedule:
The totai:;;'
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 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 include visits by
County representatives to observe the Grantee's programs,
procedures, and operations, or to discuss the Grantee's
programs 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 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.
G. Bank Accounts and Bondinp: Monies received
pursuant to this Agreement shall be kept in accounts in
established Dade County banks or savings and loan associations
whose identities sprit). bo disclosed in writing to the Director
of: the Council. These accounts need not be accounts which
are segregated from other accounts maintained by the Grantee.
The only Grant funds which need not be kept in.banking institutions
are the amount of Grant funds reasonably needed to be kept
-3- 80-690
as cash immediately at hand for authorized expenditures.
The identity and title of individuals whom the Grantee authorizes
to withdraw or write checks on Grant funds frog! the banking
institutions shall be disclosed in viritinr to the Director
of the Council.
The Director of the Council shall receive viritten
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 acceptable to the manager of the Insurance and
Risk Management Division of Dade County, 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 A.M. Eest Co., lastest edition).
7. Accounting and Financial Revjet�: 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 atell as all documents pertaining to payments received
and nade 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 t;,o (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 Councih r,ay, at t!ie County I s
expense, audit or have audited, unon reasonable notice,
all the financial records of the Grantee, a -Nether or not
purported to be related to this Grant,
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':1-:"4��':Si:�iS:i��iseB•Alu'i:G1.r.��t?1:�[:h^'.,.�.-- _ _
g, Publicity
and
Credits:
The Grantee
must include
the following credit
line
in news
releases and
programs
related to this Grant: iti'I'I'11 Tllli SUPPORT OF THE DADS COUNTY
COUNCIL OF ARTS AND SCIENCES, THE TOURIST DEVELOPMENT COUNCIL',
AND T'LLE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS.
g. Liability 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, the Dade County Council of Arts
and Sciences, or the Dade County 'Tourist Development Council.
In the event a claim or lawsuit is brought against
Dade County, its Board of County Commissioners, the Dade
County Council of Arts and Sciences, the Dade County 'Tourist
Development 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 operation of t,'-,is ,gr6eaent and t;,e 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�bSUPPORTIVE
void. DOCUMENTS
1.1. Conflict of Interest: The Grantee agrees tFOLLOW'�
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 referonce as
if fully set forth herein.
12. Romedics find I x�enditure 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
0
'S-
80-690
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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 any 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 which 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 breach of this Agreement, the Grantee will not be eligible
to apply 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,
The Grantee will be liable to reimburse Dade County
for all unauthorized expenditures of Grant funds, including
unauthorized 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.
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,
Uj the Grantee must request in writing from the Director of
the Council an extension of the Expenditure Deadline.
L)�-. U-j Grant funds which are to be repaid to Dade County
D ��•w � pursuant to this Section are to be repaid by delivering
"J to the Director of the Council a certified check for the
U. total amount due, payable to Dade County, Florida.
Thesc provisions do not waive or preclude the County
from hursuin}, any other remedy which may be available to
it under the law.
13.
Indulgence
lVill
Not
be Waiver
of Breach:
The
indulgence
of either
party
with
regard to
any
breach
or
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'fFi11iY11�+1, j.1:,
f
failure to perform any provisions 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
or failure occurs or at any time throughout the term of
this Agreement.
14. Cancellation if Grant Does 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 winch 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
DTI C
addressed as follows: Executive Director, Metropolitan
� 0
-
Dade County Council of Arts and Sciences, Room241, Dade i-',�-a
Federal Building, 119 East Flagler Street, Miami, Florida rn rn 773
33131.
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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 representations,
except those contained within this Agreement and its attachments,
are to fie considered in construing its terms. No modifications
or 11►1011d"Ients may be made to this Ac;reenlent unless made
in writing signed by both parties, and approved by appropriate
action by the Board of County Commissioners.
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g0-690
ARTICLE III
SPECIAL CONDITIONS
The Grantee also accepts and agrees to comply with
the following Special Conditions:
(If no Special Conditions are imposed, so state.),.
Grant funds are: to be used for the following three projects:
Jamaican National Dance Company ($12,000.00); jazz recording
artist ($7,000.00); gospel recording artist ($6,000.00).
Funding is subject to the overseeing of the above -listed
events by his. 1Sarcia Saunders of the Dade County Office
of Black Affairs.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as follows:
• DADE COUNTY, FLORIDA' BY ITS
BOARD OF COUNTY COMMISSIONERS
on the day of July ,
1980.
ATTEST:
erk, Dade County
Commission
(Grantee's Corporate
Seal)
ATTEST:
APPROVEID AS TO FORM
& CORRECTNESS:
By
County Manager
CITY OF MIAMI
GRANTEE::
on the day of July ,
By
CITY MANACER
By
CITY C1,ERK --
B y �—
GEORG < I KNOX, JR.
CITY ATTORNEY
m
C
101.
Inquiry or Reply should be
Directed to Insurance Manager
September 4, 1980
Metropolitan Dade County
Board of County Commissioners
119 E. Flagler Street Suite 241
Miami, Florida
Attention: Dade County Council
of Arts & Sciences
Dear Sir or Madam:
Pursuant to Paragraph 6 of the Grant Agreement between Dade County and
the City of Miami Cultural Division, please be advised that each employee
of the City of Miami is bonded up to the amount of $200,000 under a
Fidelity Bond written by Fidelity & Deposit of Maryland, Inc., Policy No.
5983690 with the expiration date of July 5, 1981.
Please contact Risk Management if you have any further questions
concerning this matter.
j)Very truly yours,
, �a
Marshall Litvak
Assistant Director of Finance
Risk Management
ML:DRS:nsm
cc: John Copelan
Assistant City Attorney
Enc.: Grant Agreement
It I r' E i 1J�
VV
80-690
FIRM 2m FIRM
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END OF RESOLUTION 80-690