HomeMy Public PortalAbout1996-05 Grant agreement on behalf of the Village with the Dade Heritage Trust for the Cape Florida Lighthouse Relighting CelebrationRESOLUTION NO. 96-5
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE A GRANT AGREEMENT, ON BEHALF OF THE
VILLAGE, WITH THE DADE HERITAGE TRUST, FOR THE
JULY 27,1996 CAPE FLORIDA LIGHTHOUSE RELIGHTING
CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dade Heritage Trust has requested financial assistance toward the costs of
hosting the July 27, 1996 Cape Florida Lighthouse Relighting Celebration commemorating the
restoration of the historic lighthouse; and
WHEREAS, on February 13, 1996, the Village Council authorized the appropriation of
$25,000.00 for this event;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached grant
agreement, on behalf of the Village, with the Dade Heritage Trust, for financial assistance toward
the costs of hosting the July 27, 1996 Cape Florida Lighthouse Relighting Celebration.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 26th day of March, 1996.
ATTEST.
MA OR JOHN F. FESTA
i
GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK
APPROVED AS TO
VILLAGE A
M AND LEGAL SUFFICIENCY:
GRANT AGREEMENT
CAPE FLORIDA LIGHTHOUSE
RELIGHTING CELEBRATION
/7
O* Nay'
THIS AGREEMENT, made and entered into this day of Ne-r i.,
1996, by and between the Village of Key Biscayne, Florida, a
municipal corporation of the State of Florida (hereinafter the
"Village") and the Dade Heritage Trust, a Florida not -for-profit
corporation (hereinafter "Grantee").
W ITNESSETH
WHEREAS, Grantee has requested financial assistance toward the
Grantee's costs of hosting the July 27, 1996 Cape Florida
Lighthouse Relighting Celebration commemorating the restoration of
this historic Lighthouse; and
WHEREAS, the Village Council finds that providing financial
assistance towards such celebration serves a public purpose in
promoting and advancing the community heritage and the tourism
industry in the Village; and
WHEREAS, the Village desires to enter into an agreement with
Grantee to provide funds to Grantee to assist Grantee with the
costs of such celebration.
NOW, THEREFORE, in consideration of the mutual benefits
derived herefrom, the parties covenant and agree as follows:
I. FUNDING ASSISTANCE.
A. Village shall provide to Grantee Twenty Five Thousand
($255000) Dollars, within twenty (20) days after the date of
execution of this Grant Agreement, for use for the purposes set
forth in Section II of this Agreement.
B. The funds provided by the Village pursuant to this
Agreement shall be derived solely from funds available to the
Village for such purpose.
II. USE OF GRANT FUNDS.
A. Grantee shall utilize the grant funds provided hereunder
solely for the purpose of paying a portion of the costs incurred by
Grantee in hosting and providing the Cape Florida Lighthouse
Relighting Celebration at the Lighthouse grounds at Bill Baggs
State Park, Key Biscayne, Florida, on Saturday, July 27, 1996, as
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such celebration is described on Exhibit "A" attached hereto and
incorporated herein. Provided that the celebration is conducted as
described herein, any of the grant funds provided hereunder which
are not fully expended for the purposes stated above may be
expended by Grantee for Lighthouse restoration or improvements
approved by the Village. In the event that the proposed
celebration is canceled or postponed for a period of greater than
thirty (30) days, the grant funds shall be returned to the Village
within ten (10) days of the Village's demand.
B. Grantee shall maintain accurate and complete books,
records and documents, such as vouchers, bills, invoices, receipts
and canceled checks, sufficient to reflect properly all receipts
and expenditures of grant funds for a period of three years
following payment under this Agreement. Each of the records shall
be retained by the Grantee at the office of the Dade Heritage Trust
in Dade County, Florida in a secure place and in an orderly
fashion. Grantee shall provide to Village a copy of such records
upon completion of the celebration event. The system of accounting
utilized by Grantee shall be in accordance with generally accepted
accounting principles and practices, consistently applied.
C. Grantee shall permit authorized representatives of the
Village to inspect and audit all books, records, documents, and
other supporting data and documentation relating to the Grantee's
performance hereunder. These rights of audit shall extend for a
period of three years following payment under this Agreement.
D. Grantee shall reimburse the Village for any unauthorized
expenditures which may be determined by Village.
III. TERM OF AGREEMENT
This `Agreement shall be in full force and effect commencing on
the date of execution hereof.
IV. INDEMNIFICATION AND HOLD HARMLESS: INSURANCE
A. It is expressly understood and intended that Grantee is
only a recipient of grant funds and an independent contractor
hereunder, and is not an agent, servant, employee or joint venturer
of the Village. It is further understood that the Village shall
not be liable for any of the conduct or activities of Grantee or
Grantee's agents, servants, contractors, employees or celebration
participants.
8. Grantee shall defend, indemnify and hold harmless the
Village from any claim or damage for personal injuries (including
death) or property damage, arising from the act, omission or
performance or failure of performance of Grantee or of Grantee's
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agents, contractors, servants and employees hereunder.
C. In support, but not in limitation of this indemnification
provision, Grantee hereby agrees to maintain and pay all premiums
for a policy (Special Events) of comprehensive general liability
insurance in an amount of not less than $300,000 combined single
limit insurance covering any occurrence arising from the
celebration event, resulting in property damage or bodily injury or
death to person or persons. Such insurance policy shall name the
Village and Village's officers, agents and employees, as additional
insured with respect to the celebration event and the operations
and activities of Grantee or its agents, servants or contractors in
any way connected with the celebration, and shall provide for 30
days' prior written notice to the Village of any cancellation or
change in scope or amount of coverage of such policy. Grantee
shall furnish the Village with a Certificate of Insurance
evidencing Grantee's compliance with the provisions of this section
prior to the celebration.
V. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any
court action between the parties for any controversy arising from
or related to this Agreement shall be in the llth Judicial Circuit
in and for Dade County, Florida.
VI. BENEFITS TO VILLAGE
In addition to the cultural, educational, and tourism
promotion benefits inuring to the Village as a result of the
celebration event held pursuant to the financial assistance
provided pursuant to this Agreement, Grantee shall provide to the
Village the beneficial items listed under the heading of "Title
Sponsor" as set forth in the document entitled "Celebration" as
attached hereto as Exhibit "B" and incorporated herein.
Additionally, the Village shall receive fifty (50) celebration
event tickets of a $50.00 price, for a reduced cost of $40.00 each,
if requested by the Village. Village may re -sell or otherwise
distribute these tickets.
VII. ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements and
understandings applicable to the matters contained herein and
contains the entire agreement between the parties. Accordingly, it
is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether
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oral or written, and that this Agreement may be modified, altered
or amended only by written agreement duly executed by both parties
hereto or their authorized representatives.
V/II. HEADINGS
Captions and headings in this Agreement are for ease of
reference only and do not constitute a part of this Agreement and
shall not affect the meaning or interpretation of any provisions
herein.
IX. RIGHTS OF OTHERS
Nothing in this Agreement, expressed or implied, is intended
to confer upon any person, other than the parties hereto, any
rights or remedies under or by reason of this Agreement.
X. REPRESENTATION BY GRANTEE
The Grantee represents that 1) this agreement has been duly
authorized, executed and delivered'by the Grantee; and 2) it has
the required capacity and authority to perform this Agreement.
XI. REPRESENTATION BY VILLAGE
The Village represents that 1) this Agreement has been duly
authorized, executed and delivered by the Village Council of the
Village of Key Biscayne, as the governing body of the Village of
Key Biscayne; and 2) it has the required power and authority to
perform this Agreement.
XII. INVALIDATION OF PROVISIONS SEVERABILITY
Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the
remaining provisions of this Agreement, provided that the material
purposes of this Agreement can be determined and effectuated.
XIII. NOTICE
Notices to the Village provided for herein shall be sufficient
if sent by federal express or certified mail, return receipt
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requested, postage prepaid, addressed to the Village Manager, 85
West McIntyre Street, Key Biscayne, Florida 33149 and notices to
Grantee, if sent by federal express or certified mail, return
receipt requested, postage prepaid, addressed to Dade Heritage
Trust, Attention: Executive Director or President of Board, 190 SE
12th Terrace, Miami, Florida 33131, or such other respective
address as the parties may designate to each other in writing, from
time to time.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
VILLAGE:
EST:
GUIDO INGUANZ.j, JR., CMC
village Clerk
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUF IC IENCY:
Village of Key Biscayne, Florida
Pursuant to Village Council
authorifa 'Zn,/of February 13, 1996
By:
C. SAMUEL 1SSINGER,
village M nager
GRANTEE:
Dade Heritage Trust
By: /ter /1
Title- 1'PPS.d-
Village Attorney
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400-500
•
Hosted by Dade Heritage Trust and The State of Flonaa
in association with (Sponsors)
• Cape Florida Lighthouse Re -lighting Celebration
' Champagne Toast Party
Lighthouse Grounds. Bill Boggs State Park, Key Biscayne
Saturday, July 27
6.30 PM
S•
F- •
TARGET
AUDIENCE: Dade County and Key Biscayne Business Leaders & Community Members
- Federal. State and Local Government Leaders
Dade Heritage Trust Members -
Greater Miarni Chamber of Commerce Members
Miami Design Preservation League Members and other Preservation Organizations
South Florida Community Orgam rations: (Key Biscayne Rotary, Ocean Dave Business Association,
Washington Street Alliance)
KEY
SPEAKERS: Governor Lawton Chiles, U.S. Senators. Admiral John Lockwood. Dade Heritage Trust President.
Department of Environmental Protection/State of Florida Representative
«.
EVENT OUTLINE
• Sunset Arrival of Guests (Spotlights on Lighthouse) Tours of Lighthouse
• Outdoor Cocktail Party with Live Music (Tent on -site in case of ram)
• Off -Shore Boating Activity: Coast Guard Cutters: Flotillas; Yacht Cub Members' Boats
• Official Relighting Ceremony (Welcome-•Dignitanes & Speeches. Color Guard)
• Spotlights turned of ...Lighthouse tumed on. Fireworks/Live Music
• Champagne Toast
• Party continues with Hors D'oeuvres and Live Music
• Commemorative Gifts distnbuted at end of evening
Additional Layers to Event
—*Keeper's Dwelling' Open to Showcase Retrospective Photos of Lighthouse Restoration & Sponsor Material
—Book Signing: Key Biscayne Author Joan Gill Blank, "(A History of Miami's Tropical island —Key Biscayne and the Cape
Ronda lighthouse)
-South Fonda Lighthouse Artist — Original Artwork for Poster Displayed & Raffled
-.South Florida's Top Five Fashion Desrcners Unveil `Lighthouse -inspired Designs' on Models
(Posed on Pedestals)
—Display Key Biscayne Elementary School Lighthouse Poster Contest Winners
—Centerpieces Designed by South Florida Artists
—Off+cial Video Crew Documenting Event (For use as histoncat doame uary,n Lighthouse Museum)
EVENT COSTS
• Staging (Tent. Generator. Lights. Spotlights. Sound, Podium, fairs. Tables)
• Decor (Durations. Banners. Pathway Lighting)
Printed Material (lnvitax<ons. Program. Postage)
Cocktails/Food (Donations from Liquor r:cmpanres expected)
Parking Attendants & Signage
Additional Music if desired — (Coast Gu.ud Band provided)
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C A P E C A P E F L O R I D A L I G H T H O U S E R E S T O R A T I O N
A P R O J E C T O F D A D E H E R I T A G E T R U S T -
O N B E H A L F O F T H E F L O R I D A P A R K S E R V I C E
L I G H T H O U S E T O B E R E S T O R E D T O 1 8 5 5 C O N D I T I O N
CELEBRATION
-� TITLE SPONSOR -$25,000.00
• Twenty (20) Tickets to Cocktail Celebration/VIP Ceremony Seating
• Full page ad in commemorative program
• Gold Preservation Patron—Oade Hentage Trust Membership
Inclusion in Lighthouse Poster (Company Name Printed)
• Two (2) Promotional Banners at Event
• Company Name/Logo listed as Title Sponsor in Press Releases. Imitation. Program
• Company Name included in all PSA Announcements (Radio & TV)
• Twenty (20) Tickets to Press Party (June)
• Company Name/Logo Visibility at Press Party (June). on -see tow of lighthouse and photo opponunity.
• Inclusion in official Lighthouse Video (ooarnenangrestoration to cehebraaon...ShoM,year round m Keepers °welling)
• Acknowledgment of company name as Title Sponsor in all stage announcements
• Ten (10) signed limited edition Lighthouse Posters
• Ten (10) Commemorative Gifts
• Ten (10) Cape Florida Lighthouse T-shir:s
• Ten (10) Signed Books (A History of Miami s rroprcat lstand...Key Biscayne and the Cape Panda Lighthouse by Joan pia e(anxi
• Display Space for Promotional Materials at Event (Adiacent to Lighthouse Retrospecevs photographs)
EXECUTIVE SPONSOR - $15,000.00
• Fifteen (15) Tickets to Cocktail Celebration/Preferred Ceremony Seating
• Full page ad in commemorative program
• Silver Preservation Patron —Dade Heritage Trust Membership
• Promotional Banner at Event
• Company Name/Logo included in Invitation and Program
• Fifteen (15)Tickets to Press Party (June;
• Company Name/Logo Visibility at Press Party. On -site tour of lighthouse and photo opportunity
• Acknowledgment of company name as Executive Sponsor in all stage announcements
• Ten (10) signed limited edition Lighthouse Posters
• Five (5) Commemorative Gifts
• Five (5) Cape Florida Lighthouse T-shirts
• Two (2) Signed Books IA History of Mims s Trop pt istand...Key Biscayne and the Cape Fonda Lighthouse by Joan GI aianx►
• Display space for Promotional Materials at Event (Adpce+t to Lighthouse Retrospecwe Photographs)
OFFICIAL SPONSOR -$10,000.00
• Ten (10) Tickets to Cocktail Celebration/Reserved Ceremony Seating
• Half page ad in commemorative program
• Bronze Preservation Patron —Dade Heritage Trust Membership
• Promotional Banner at Event
• Company Name included in Irmtatton:Company Logo included in Program
• Ten (10) Tickets to Press Party (June)
• Company Name/Logo Visibility at Press Party. on -site tour of 6gtthouse and photo oppomtsety
• Acknowledgment of company name as Official Sponsor in all stage announcements
• Five (5) signed limited edition Ughthous9 Posters
• Five (5) Commemorative Gifts
• Five (5) Cape Fonda Lighthouse T-shirts
One (1) Signed Book (A History of htiarn s Tropical istand...Key Biscayne and the Cape Honda Lighthouse by Joan Gia Manx,
Cisc:av space for Promotional Materials at E: ent (Adiacerx to lighthouse Retrosoeetrve Photograonst
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• Five (5)Tickets to Cocktail Celebration/Reserved Seating
• Ouaner page ad in commemorative program
• Preservation Patron —Dade Heritage Trust Membership
• Company Name listed in Program
• Five (5)Tickets to Press Party (June)
• Company Name/Logo Visibility at Press Party.
• Acknowledgment of company name as Supporting Sponsor in all stage announcements.
• Five (5) signed limited edition Lighthouse Posters
Three (3) Commemorative Gifts
• Three (3) Cape Florida Lighthouse T•snrts
• One (1) Signed Book (A History of Marrs s t ropical Island...Key Biscayne and the Cape Ronda Lighthouse by Joan Gil Blanin
CONTRIBUTOR - $1,000.00
• Two (2) Tickets to Cocktail CelebrattonlReserved Seating
• Name Usting in Program
• Preservation Advocate —Dade Heritage Trust Membership
• Two (2) Tickets to Press Party (June)
• One (1) signed limited edition Lighthouse Posters
• One (1) Commemorative Gift
• Two (2) Cape Florida Lighthouse T-shirts
• One (1) Signed Book IA History of Miam s Tropical Isiand...Key Biscayne and the Cape Florida Lighthouse by Joan G1 Wank)
L. ROBERT ELIAS
EDWARD O. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARBARA J_ RIESBERG
ELLEN N. SAUL.
GAIL O. SEROTA-
JOSEPH H. SEROTA
RICHARD JAY WEI5$
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre
Key Biscayne, FL 33 149
TELEPHONE (305) 854-0800
TELEGOPiER (30S) 854-2323
May 20, 1996
BROWARO OPFIGE
888 EAST LAS OLAS BOULEVARp
SUITE 710
FORT LAUO£RDALE, FLORIDA 33301
TELEPHONE (305) 763-1189
'OF COUNSEL
Re: Grant Agreement - Cape Florida Lighthouse Relighting Celebration
Dear Mr. Kissinger:
On May 15, 1996, we finally received back from the Dade Heritage Trust the Grant
Agreement which was approved by the Village Council on February 13, 1996. However, we
had to return this Agreement back to the Dade Heritage Trust since they omitted the
signature of their corporate secretary.
On May 17, 1996, we received the fully executed document back from. the Dade
Heritage Trust, which is now submitted for your signature.
Please advise us if anything further is required.
Very truly yours,
David M. Wolpin
DMW\tms\103.001
Enclosures
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