HomeMy WebLinkAboutR-79-06457 9 • 6 4 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANANGER
TO ACCEPT GRANTS FOR A CULTURAL PROGRAM
BASED ON AFRO-AMERICAN HERITAGE ENTITLED
"KWANZA FESTIVAL-3rd YEAR" FROM METROPOLITAN
DADE COUNTY, THE FINE ARTS COUNCIL OF
FLORIDA, AND OTHER REVENUE SOURCES, AND
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS
AND AGREEMENTS UPON RECEIPT OF THE GRANTS.
WHEREAS, the Cultural Experiences Division of the Department of Citizen
Services has developed a program based on Afro-American heritage in cooperation
with the Kwanza Festival Committee of South Florida, which program is also the
subject of support from the Fine Arts Council of Florida through a $12,600.
grant award; arid
WHEREAS, "Kwanza Festival-3rd Year" is the subject of a $25,000grant
from Metropolitan Dade County based on an equal commitment from the City
of Miami.;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA
Section 1. The City Manager is hereby authorized to accept grants for
"Kwanza Festival-3rd Year" from the Fine Arts Coun' cil of Florida, Metropolitan
Dade County, and other public and private sources, and, execute the necessary
implementing contracts and agreements upon receipt of the grant
PASSED AND ADOPTED this 27thday of •September , 1979.
ATTEST:
RALPH
• • •'
SUPPORTIVE .
DOCUMENTS Maurice A. Ferre
MAURICE A.' FERRE, MAYOR
FOLLOW"
GIE, CITY CLERK
PREPARED AND APPROVED BY:
OB
T F. CLARK, ASSISTANT CITY ATTORNET
APPROVED AS TO FORM AND CORRECTNESS:
"COCUMENT IINDEX
ITEM NO.
!I
CITY COMMISSION
MEETING OF
SEP 2 'PIM
mew fai79064
XGEORGE F. 0 , JR., CI ORNEY
•••
OF MIAR1I, i=l_ORID:\
INT7::t4-OFFICE MEMORANDUM
,o Joseph R. Grassie,
City Manager
30,4Dena Spillman, Director
Department of Citizen Services
,ATE: September 21, 1979
FILE,
,uuJECT. Resolution to Authorize the. Manager
to accept Grants for the 1979
Kwanza Festival
REFERENCES.
ENJCLOSURE5.
Subject Resolution, Support Packages
It is recommended that the City Commission
authorize the City Manager to accept grants
from Metropolitan Dade County and the Fine
Arts Council of Florida in the amounts of
$25,000. and $12,600. respectively, in sup-
port of the third annual Kwanza Festival,
and further authorize the City Manager to
execute the necessary implementing contracts
and agreements.
The abovementioned Metropolitan Dade County (Hotel Bed Tax) grant
for $25,000. iscontingent upon an equal commitment from the City
of Miami; and warrants immediate action to confirm the County's com-
mitment tothe Festival through appropriate County Commission action.
in the near future.
The attached resolution makes a commitment,'to the County of the
City's intention to support the Kwanza Festival. Legislation pro-
posing appropriation of Matching Funds - Special Programs and Accounts'.
will be submitted for City Commission review after approval of the
1979/80 fiscal year budget.
The City Commissionhasacted favorably on requests for the Kwanza.
Festival program based on Afro-American heritagethe past.: two 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.
Howard VGary, Director
Budget & Management, Department
`SUPPORTIVE
DOCUMENTS
S
FOLLOW"
u11•IIIIIuI.ui _
0 011, ▪ s 1-4'opiA
GEoue;i Fitut:S'li)
SECRETARY or STATE
.--1 e ct• . t`tat`xt tif tctf h
.STATr of t'LOnIDA
THE CAPITOL
TALLAHASSEE 32304
(904)4BB-1;3412
•
August 1, 1979
Mr. Doran Cooper
City Of Miami • Cultural Experiences
Division
2550 S. Eayshore Drive
Miami, Florida 33133
Dear,
Mr Cooper,
FACF Grant if ` 80-0496
Grant Amount $
1 2 rnn _n
Kwanza Festival
It is with pleasure that I inform you that your grant,(listed above).
has'been approved. Your efforts will contribute to strengtheningF'lori.da's
cultural environment, and make the statementFlorida - State of the Arts"
a -reality for all our citizens.
Enclosed you will find the contracts and documentation necessary to
process your grant. I hope that you will carefully read this material
before signing and returning the forms to the Division of Cultural Affairs.
It should be understood that your project is limited to the budget and
project description outlined in your original grant application on file with
the Division office. Any request for deviation from the original application
must be submitted to and approved in writing from the Cultural Affairs
Division. I must also remind you not to incur any expenses under this grant
until you have received the fully -executed contracts.
This grant has been made possible through an appropriation from, the.
Florida Legislature. Therefore, it would seen appropriate and I would strongly
urge that you personally thank your:legislative delegation for their continued
support of the arts in Florida.
▪ Again, congratulations: And please accept my best wishes and every good
hope for the success of.`your project in `the year ahead.
Sincerely,
George Firestone
? ; ' Secretary of State
•
GF/Hch � y `
Encloslv`4.1,s.. k.,+'
sT11: ("1l,• Tit l: III
9-645
�A•m!wls
..1,7:
7.1*: , '� 1 {' r r A :�.j
911 COURTHOUSE
MIAM1, FLORIDA 33t30,
TEL: 519-5311
Mr. Joseph;R. Grassi
Miami City MLtnager
3500 Pan American Drive.
Miami,. Florida 33133
Dear M
?.� ' ♦ r l •I 1 s
OFFICE OF COUNTY MANAGER
I. understand that the 01y of Miami. Cultural Experiences Division
must r.to•,-' ,.rdie:r rm.-vidly to negotiate agreements for the conduct of the
Kwanza Fest:ival.
This letter is to -confinit t..he action or the. Board of County Commis-
sioners .(Itcsoiution R-972-79, enclosed) authorizing the aligcatior. tro!^.,
the Tourist Development Room •I'ax Fund (Special Events and Cultural
Activities category) for Mia:r.: Kwanza Festival of $25,000 contingent
upon a matching of grant funds. from the City of Miami and from the
State of Florida Firm Arts Council.
The contract becw::r:u the County and the City is :being prep+: e
should cometo you about mid -August.
You will find Dade County wholly cooperative in working with you to
make !Miami Kwanza Festival a growing success, throughthe new Office of
Black Affairs as .well as the Council of Arts and Sci.ences and the 1our:U.st
Development Council.
/T.relyr
IM. R. Stierheim
County Manager
cc : Mar.gar:ita Ross
Cultural ,Experiences Division.
P. 0. Box 330703 F.f:E'
Miami., Florida 33133
•79- 645
josr.pil . GRASSIE
City Manager
Mr. Frank Cooper, Director
Council of Arts and Sciences.
Metropolitan Dade County
County Courthouse
73 West Flagler Street
Miami, Florida 33130
Dear,>` Mr.
Let me express my personal thanks to you on behalf of the City of Miami and
Project Director Doran Cooper for the. County's commitment of support for
this year's Kwanza Festival. -I have received a request from Mr. Cooper for
signature of the contract authorizing the County to release the allocated
funds according to the disbursement schedule. Of course, you are aware
that the proper authorization for execution of this agreement must be made
by the City Commission before signature by the City Manager and other
affected parties.
The Cultural Experiences Division has made preparations to place this and
other Kwanza legislation on the Agenda of the nextCity Commission Meeting,
September 27. Hopefully, this will result in a satisfactory resolution of
this matter so that the County Commission may act on the matter at its
Meeting in early 0ctober. I would, therefore, ask your consideration of
our limitation in processing the agreement until that time. If I can be
of further assistance, please . contact me or Mr. Cooper at 'yourearliest
convenience to discuss this matter.
Dena Spillman" Director
Citizen •Services_ Department
645
OFFICE OF THE CITY MANAGER 3500 Pan American.Drive/Miami; Florida.33133-13051579.604i
The DadeCount►'Council of Arts and Sciences j the. ourist
Development Council and
the l3oard' of County Commissioners
announce that :Dada County will award the';
d herein in consideration ation for the recipient'
are <pleased to .
grant described
agreement to
li
abide by all ` the fn:llnwing terms and conditions:.
ARTICLE C
DESCRIPTION OF GRANT
Grantee (Name and Address) :
City of Miami Kwanza Festival
2600 S. Bayshore Drive
Miami, FL 33133
Tocal Amount of Grant:
D't.:scrip .Ofl
$25,000:
gee 'E>;b bi L.
L':�ndze_� T•�ile Item 33udaet: (See:.
t', ched . tinreto..)
"SUPPORTIVE
DOCUMENTS
FOLLOW"
��- 1 h.od
•ibit',`2
• P-'porting Schedule: November ?1, 1979
December'1, 1979
March 10; 1980 Final
• Fay en: October 15, 1979 ($10',000)
Novembe►^ 15, 1979 ($10,000)
December 15, '1979,- ($ 5,000)
>✓�.en;?i�,:y. Deadline: March 1, 1980
Report Due`
ARTICLE II
GENERAL CONDITIONS
Parties. The par. `i^s to this agreement'; are ;'t
e Grantee
ted -in Antic e T,;and Dade County, Florida, a:polit;�cal
subdiviion of the State of I'lor;ida. Dade Country_ .has
1""?Gnonsibili.t� of cdmini:st;Iriiig this: ,,: ar:t to the E::e`
delegated the
cutive Director
of the Dade County Council of Arts and. Sciences, or his
•
wh� shall be referred to:herein as the "Direct.
designee,
the Counc ii. •,
1 1 I uIII III1•II■i1IIAOAAMEEIan� ="'�
`79.645
2. Project bescription The Grantee may, only use
Grant for thepurposes which are specifically described in
the Project Description attached hereto as= Exhibit .No. ,l...
All•
expenditures"will ;.be subject to the terms of this
agreement and,
the
the Itemized Line Item Budget,attached hereto,'
as Exhibit No .'2.. The Grantee's expenditure of. Grant funds
are to be only for the specific items specified in the Itemized
Line
Grant
in . the
be per
the ,Itemized
permitted to
funds for
Item Budget. The Grantee must `limit. its expenditure of .'
each line 'item. category to
the amounts specified
Itemized Line Item Budget, except that the Grantee will
change the expenditure for specific items in
Line Item Budget if such changes do not exceed
percent (10%) per category and so long as the amount o
ten
Grant
the
otal
budgeted
funds
funds allocated for other categories is adjusted so that
expenditure of Grant funds does not exceed the
amount.
Any change in
line item expenditures.
in excess of ten percent (10%) shall require the
written approval of
may
the Director of the;Council
original
of Grant
advance
iowever
not approvean increase in the total amount of`the Grant.
4. Reports This Grant has been awarded with th
that the
e expectation
described project will promote Dade County tourism by
attracting :ouris
s to Dade County or by providin
cultural or
entertainment activities which will be attended byvisitors to
To demonstrate that the Grant . is' fulf-illing,
Dade County.
or has
Grantee
reports
fulfilled, its purpose of promoting; tourism, the
must supply the Director of the Council with
documenting that the Grant has promoted tourism.
These reportsare
written
to be received. by the: Director of,:the
Council pursuant to the reporting schedule contained in
Article I.
11 1 1111 Mill MINIM .1 •Ow I.I IN 1•1"••1"^
Due to theunique nature r`.. each Grant, the means.
which each Grantee will utilize .to report and document
t
affect
this ;`agreement
of the
Grant lupon tourism will be unique for each Grantee
and each':' project.
the
Therefore, ,within a reasonable time .' after'
execution of this Agreement, and
weeks prior to the
report will be due,
Council are
the substantive
later : than three
date upon which the Grantee's. first
the Grantee and the Director of the
to determine reasonable reporting procedures and
contents required to be within` each report
whether or not the Grant is fulfilling its
so a"s - to document
intended purpose of promoting
tourism.
4. Amount of Grant and Payrnent Schedule The. tota
amount
of the Grant is specified in Article I. By making'' this
Dade County assumes no obligation to provide financi.al.;support'
of any type whatever in excess of the total Grant amount.
Cost overruns are the sole "responsibility of
the
the Grantee
Grant,
•
Grant funds will be supplied to the Grantee pursuant to
Payment Schedules specified in Artie e
5. Program Monitoring and Evaluation: The Director:.
Council may'monitor a conduct an evaluation of
under t
tives
operations,
operations
his Grant, which may include visits by County representa-
o observe the Grantee's programs, Procedures. and
or to discuss the Grantee's program: with the
personnel. The Grantee shall give the Director of
advance written notice of all meetings of its Board of
or governing board and the Director of the Council: or is
will be permitted to
attend such meetings.
•
Grantee's
the Council
Directors
designee
6. Bank Accounts and -Bonding: Monies received Pursuant
'
shall be kept in accounts , in established Dade
County banksor savings and loan associations whose
shall be disclosed in writing tc
identities
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 as cash immediately.
hand for authorized expenditures.
Tie identity and title of
at
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.
79-645
employee honesty bond must; be endorsed
the loss payee. The bond shall, be
written through a reputable and responsible agency licensed
business in the State of Florida.
a general policy holder's -rating of "A"
by Best's Key Rating Guide, published. by A.M Best Co.'.
The Director of the Council shall receive assurance tha
all persons handling funds
Agreement
with
manager
received or disbursed trnder this.
are covered by fidelity insurance
in an `amount
consistent
sound fiscal practice and with coverage acceptable to'the
of the Insurance and Risk Management Division of. Dade
County.
The Grantee's
to include
to do
edition.
and
Dade County.
latest
Accounting and 1.FiriariCial Review':The Grantee must
p -
keeaccurate and complete books and records of all receipts'
expenditures .of Grant` funds in conformance with ,reasonable
The -surety shall: have
or better as reported
accounting standards. These books and records`; as`well as
documents' pertaining to payments received and made.
conjunction with this Grant, such as vouchers,bilis,,i
•receipts>and cancelled checks,: shall be retained in Dade
all
in
nvoices,
County
a secure place and in an orderly fashion by the Grantee
for.
at least two (2) years after :thn.Expenditure .Deadline
in Article I. These books, records, and documents
may be examined by the Director of the Council or his designee
at the Granteee's offices during regular business hoursand
specified
upon reasonable
Council
may,
notice.
Furthermore,
e Director of the.
t the County's expense, audit or have audited,
upon reasonable notice
Grantee, whether
Gran
all the financial records o
or not purported to be related to. this
8.:. Publicity and Credits The Grantee mustinclude.;
wing credit ling in'`hews releases and programs related t
Grant: WITH THE SUPPORT or THE DADE COUNTY, COUNCIL or
AND: sciE'10ES, THE TOURIST!' DEVELOPMENT COUNCIL, AND ,THE
DADE COUNTY BOARD OF COUNTY COMMISSIONERS.
folio
this
ARTS
METROPOLITAN
9. Liability and Indemnification: It is expressly
understood and intended that
of
the Grantee is merely a
the
recipient
Grant funds and is not an agent of Dade County, its Board
County Commissioners, the Dade County Council of Arts and
or the Dade County Tourist Development Council.
In'the event a claim or lawsuit is brought against Dade
unty,ts Board of County Commissioners, the Dade County
Arts and Sciences, the Dade. County Tourist Development
Sciences,
of
Sc
Co
Council of
Co
W Council,. or any of their` officers,. agents, or employees,
Cn
>�-- Grantee hereby. agreesto indemnify, save harmless,'
' any and all claims, liabilities, causes and
of any type -whatsoever arising out of ` the
O agreement arid the Grantee .shall pay all costs,
= U.o.
cn Q
of action,
e
and: defend
udgmerfts
operation 'of ` this
attorneys
fees,
and expenses incurred by;the aforementioned entities or
individuals in connection with such claims or suits.
10. Assignments The Grantee is not permitted to assign
Grant"," and any purported assignrnent will be void.
12.` Conflict of Interest: The Grantee agrees abide
andbe governed by all applicable laws, including but not.
s `Ordinance No. 72-82 " (Dade County'
by
this
limited to Dade County
Conflict of
Interest and Code, of Ethics Ordinance) as
amended,
which is incorporated herein by reference as if fuli.y. se
forth herein.
13. Remedies and Expenditure Deadline; " ; In the event the
Grantee
should fail to materially conform; with
of this agreement,
cancel all, or any
five (5) calendar
any; of
the provisions
the Director of the:; Council maywithhold or
unpaid installments of the Grant
upon ':giving
days' written notice to the Grantee, and the
County shall have no further obligation to the Grantee under.
this agreement.:
'urther,' in the
event of_a material breach of
-5-
79- 645
any Lerch or condition of th ; Agreement, upon five CS) calendar
days' written demand by the director of the Council, the Grantee
shall repay to Dade County all portions of the Grant:
been received by the Grantee, but which: have riot .actually been
disbursedby.the Grantee
as of 'the date that the
which
wri"tten.
have
demand is received. In the event that this Grant is
or the Grantee is requested to repay Grant funds because`o
a=breach of this agreement, the Grantee will.
to apply to the Dade County Council of Arts'; and Sciences for
cancelled
f
e
not be •ligible
another Grant.'for a one year period commencing, on the date
the Grantee
is notified in writing of the breach of this
Agreemment-
The Grantee will be liable: to reimburse Dade County for all
unauthorized expenditures of Grant funds, including unauthorized
discovered after the expiration of the Grant period.
expenditures
The Grantee will also
lost or
stolen
Grant
be liable to; reimburse
funds.
the County for all
iy uncommitted Grant funds which remain in the
the control of; the Grantee as.of the date of the
ture Deadline specified in Article I
under
or and
Expendi
possession
must: be returned
Dade County within 15 days after the Expenditure
council -an extension
funds have
fu'
been committed but not expended,'the Grantee must
guest in writing from the Director. of .the
re
of the Expenditure 'Deadline.
Grant funds which are to be repaid., to Dade
o this Section.are<to be repaid by delivering
Deadline; if such
County pursuant
0 the
Director
of the Council a certified check forthe;total amount due, 'payable
to Dade e. CountS�, Florida:
These provisions do not waive or preclude the
pursuing any other remedy which may: be available<to
the law.
County from
if. under'
14. Indulgence Will Not be Waiver. of Breach: The
indulgence of
failure to
either party with :regard .tn any breach or
perform any provision of this Agreemen
shall n
be deemed to constitutea waiver of the provi.sion or any
portion of this agreement either at the
t4me the breach or
failure occurs or at any time throughout the term of this
agreement.
15. Cancellation if Grant Does Not Promote ToUrism:
he Council, in its sole discretion, determines that the
t project is not fulfilling its intended purpose of
tourism, this will be sufficient cause to cancel
promoting
If t
gran
prom ng.
any additional payments which may be due
pursuant to this Grant;
to the Grantee
provided that the Grantee mustbe
advised of such cancellation
in writing at least 30 days
prior to the cancellation.
16. Written Notices: Any written notices required under
Agreement will be effective when delivered in person: or
the receipt of certified letters addressed to'the :Grantee
'
this
upon
specified in Article I of this Agreement,
atthe address
and
xecutive
the Director_ of .the Council when addressed as,follows•; E
Director, Metropolitan. Dade. County Council: of Arts; and Sciences,
2004, Dade County Courthouse, 73 W. Flagler Street,
33130.
F1orida
to
Room
•
Miami,
17. Captions Used 'in this Agreement: Captions,. as used.
in this Agreement, are for convenience of`reference only and
should not
extending
may
refer.
be deemed -.or constured as 'in any limiting or,_
the language or provisions o which'suchcaptions
18. Contract -.Represents Total _Agreement:
including
his
contract';-
its special conditions and exhibits,• represents
whole and total agreement of the panties:` No
except those contained within this agreement'
are to be considered in construing its terms.
representations,
and its
attachments,
omodifications
or amendments- may be made to this agreement unless
made in a
and approved by appropriate
writing signed by both parties,
action by the Board' of County Commissioners..
ARTICLE ,SII
SPECIAL.:CONDITIONS';.
"SUPPORTIVE
DOCUMENTS
Fn !
comply with the.
The Grantee also accepts and agreer;?to.
following Special Conditions:
[If no Special Conditions are imposed, so state.]
-(SEE SPECIAL CONDITIONS ON PAGE 8
-7-
79-645
SPECIAL CONDITIONS: This award of up
funds ,up. -to that amount,. from the Fine Arts Council of Florida ..and ,the Cft`y.
of Miami. Funds from Dade County will be paid according to the scheduleabove.
upon receipt of evidence that the matching funds have been cotiimi ted,by the.
Florida Fine Arts Council and the City of" Miami.'
this agreement as follows:.
ATTEST:..
Clerk, Dade County
Commission_
(Grantee' s
Seal)
DADE COUNTY, FLORIDABY'ITSBOARD
OF COUNTY CONI•IISSIONERS" on; the;
day of ► ",19
GRANTEE:
on the
Executive Director
Officer
-8-