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Friends of the Bass Museum, Inc. m MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2008/09 Cultural Affairs Grant Agreement This Grant Agreement is entered into this ~~ day of `~'~~'e Y , 2008, between the City of Miami Beach, Florida (the City), and (Grantee). Article I /Grant Description Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, a-mail 2. Grant amount: 3. Project description: 4. .Itemized budget: 5. Contract deadline: 6. Expenditure deadline: 7. Project completion date Friends of the Bass Museum, Inc. Peter McElwain 2121 Park Avenue Miami Beach, Florida 33139 305-673-7530, 786-394-4022, pmcelwain(cr~.bassmuseum.org $ 20,633.25 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. See Exhibit 1, attached hereto See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto October 27, 2008 September 30, 2009 September 30, 2009 ' 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. ~.{- IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~7 `day of ~~~E~ , 2008. Mat ' errera Bo er, Ma or Att. P ~~~ Robert Parcher, City Clerk (Grantee's Corporate Seal Here) GRANTEE: Federal ID #: 5 9 - 2 017 511 BY: Peter McElwain AppROVEDASTO Printed Name of Organization's Authori AGE ~~~ ~~~ 8~ FOR CUTION Signature .,,~~~ ~ i~ I STATE OF FLORIDA, COUNTY OF MIAMI- DADE The foregoing insi~r~ment was acknowledged before me this (~ day of J r' f' h ~~"~ t 2008, by ~~ ~` c ~ C ~ ~ ~~_ Ci,1--~ of ~~ ~ ~: S~' ~% M , anot-for-profit corporation. He/She is personally known to me or has produced a; identificati ..~` Signature of Notary Public Notary Name: (~C'r~C`~~lct `-' ~ Cr7 Notary Public, State of Florida 3 ~~-c My teary PubAc - SYsOe of Fbdda y ~ Expies Mar 24, 2I lion ~ DO 411039 9aida0 8r Natlend ~w.~ ..~ Article II /General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the Cites Cultural Affairs Program Manager or his Designee. 2. Project Description: The Grantee may only use the Grant for the purposes that 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 Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total .amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in advance, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final report documenting that the Grantee has fulfilled atl requirements. This report is to be received by the Cultural Affairs Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2009, must submit their final reports no later than November 15, 2009. 4. Amount of Grant and Pa rLment Schedule: The total amount of the Grant is specified in Article I-2 (subject to the restrictions in Article I-2). By making this Grant, the City 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 subsequent to the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager or his Designee may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager or his Designee 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 made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-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-5. These books, records, and documents maybe examined by the Cultural Affairs Program Manager or his Designee or his Designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee may, at the Citys 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. 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article II-12. 2 of 11 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit the responsibilitytolndemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assignment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article II-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-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, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Default/Termination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repayto the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the Grant funds because of a breach of this Agreement, the following terms will apply: a. For First-time violations -Grantee shall be required to submit a final report with documentation of expenditure of all grant awards already received (first half) prior to the termination date. If such report is not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not receive remainder of this Grant award. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for future fiscal year's grants programs. b. For more than First-time violations -Any future compliance infractions by Grantee will be considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. 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 the Citywithin fifteen (15) days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request 3of11 in writing from the Cultural Affairs Program Manager or his Designee an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the Cultural Affairs Program Manager or his Designee a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedies that 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 of 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 will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. 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. 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 Mayor and City Commission. Article 111 /Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the Cityto seek remedies including but not limited to those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 4of11 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if instate court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -The remainder of this page is left intentionally blank- 5of11 Exhibit 1 /Revised Project Description Organization: Friends of the Bass Museum, Inc. Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon fhe City Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Project description as approved by Grants Panel: Exhibition Highlights 2008-2009 Truth/Beauty: Pictorialism and the Photograph as Art,1845-1945 (Oct 31, 2008 -Feb 1, 2009) This critically praised exhibition organized by the Vancouver Art Gallery contains 150 hauntingly beautiful photograph considered among the most important works of art in the medium's history, by renowned artists such as Julie Margaret Cameron, Alfred Stieglitz, Edward Steichen, Alvin Langdon Coburn, Gertrude Kasebier, Josef Sudety Imogen Cunningham, Edward Weston, and Ansel Adams as well as rare fin de siecle works from Japanese collections. Cundo Bermudez (Feb 20 -May 3, 2009) highlights the long career ofthis well-known Cuban artist - considere~ the last of the great Cuban Modernists -with important early works from the 1940s as well as recent large-scab murals such as the work created for the Arsht Center for the Performing Arts. His paintings are notable for thei geometric abstraction, exuberant use of color and often humorous content based on anecdotal events in everyda Cuban life. Included in the landmark Cuban Painting Exhibition at the Museum of Modern Art, New york in 1944 Bermudez is a local treasure and the museum is proud to present this latest installation of his work. ImPRESSi've: A Celebration of Printmaking Traditions 1500-1900 (May 22 -Aug 2, 2009) 1. Prints and Cultures: Printmaking Traditions in Japan and Europe is a collection-based exhibition tha compares examples by important Western printmakers as Albrecht Durer and Rembrandt van Rijn to Japanese masters such as Hiroshige, Kunisada and Yoshitoshi. In collaboration with other local institutions including the Morikami Museum, this installation reverses the usual approach of evaluatingthe effect of Japanese printmakin on the Western tradition and looks back to the centuries after the Renaissance to examine how the tradition developed differently. 2. From Paint to Paper: Old Master Prints After Paintings In The Bass Collection will provide insight into the process by which Western printmakers in the pasttransformedimages from important paintings in the museum' collection -such as Rubens' Holy Family with St. Anne, Michiel van Musscher's Self-Portrait of the Artist in Hi Studio and Govert Flinck's Isaac Holdingthe Apple of Obedience.- into a portable, mass-produced work on paper 3. One Hundred Aspects of the Moon: Japanese Woodblock Prints by Yoshitoshi brings a complete set of one hundred individual woodblock prints (printed 1885-1892) depictingfigures from Japanese and Chinese legenc history, literature and folklore caught at moments in time and held suspended by a poetic dialogue with the moor The prints representthe artist's celebration ofJapan's historyand legend in theface of rapid modernization durin the Meiji Restoration and complement the Bass Museum of Art's collection of Japanese woodblock prints. Africans Woman -Her Story Through Time (Aug 21-Nov 1, 2009) is based on the book of the sa me name by Di Cynthia Jacobs Carter. The exhibition brings togetherAfrican tribal artfrom past centuries with some of the leadin African-American female artists of thetwentieth-century including Elizabeth Catlett, Ellen Gallagher, Faith Ringgolc Betye Saar, Augusta Savage, Lorna Simpson, Synthia Saint-James, Kara Walker, and Carrie Mae Weems amon. many others, to illustrate the power of the feminine throughout the African Diaspora. 6of11 Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere fo the requirement that the work is new or has never before been presented in Miami Beach. Russian Dreams... (December 3, 2008 -February 09) Organized in collaboration with the Moscow Multimedi Institution, guest curator Olga Sviblova, together with designer Yuri Avakkumov, collaborate to present two generation of Russian artists from the post-Perestroika era in Russia. Painting, photography, video, sculpture and installation ar included in the exhibition topically centered around the political and social upheavals of Russian society in the pay decade and how this is reflected through two generations of visual artists. The Sacred and the Sublime, Renaissance and Baroque Painting from the Bass Museum Collection (December 2008-August 9, 2009) This gallery is what one would call the permanent collection gallery and it will present a re hanging of the most important works in the Bass collection from the Renaissance and the Baroque periods. 47 UNDERTAKINGS/Pedro Reyes Instead of presenting a selection of works of art, this exhibition brings togethe drawings, models, props, experiments, video footage, and many other documents that are a visible record of thes undertakings, yet not necessarily falling into the category of finished pieces. The title harks back to 1970s minimalisr. whereby materials and titles were devoid of rhetorical attributes. In a similar manner, this exhibition is straightforwar~ in its intent to expose the inner-workings of the development of concepts. Altering the customary curatorial practice often focused in choosing and orchestrating a discreet number of works of art, this exhibition abruptly halts the proces of viewing art and substitutes it with participation into the artist's process. Sound, an exhibition of sound art, curated by Gustavo Matamoros. (February-March 2009) This exhibition is presente~ concurrent to the Subtropics Festival and includes an international roster of sound artists working with experiment sound and music. The Bass Museum was founded in 1965 through the gift of John and Joanna Bass of their private collection to the City c Miami Beach. Returning to the spirit and endeavor of private collecting that brought life to this institution, the Bas Museum will dedicate its exhibition program focus in 2009-2010, to collaborate with private collections both in Miarr and abroad. In a series of exhibitions and artists projects, the Bass Museum will feature important work of the fey significant local collections: Scholl, Margulies, Robins, de la Cruz, Braman, Lindemann, and Rubell, among others. W will also draw from smaller, less know, but quite interesting collections. Contemporary art is not created in a void. It i part of a continuing negotiation process as artists self-consciously create news works that reference the past as they com to terms with the present. A special emphasis of these exhibitions aswell assolo-artists projects will be to present work of art that directly reference and/or dialogue with significant moments and works from the history of art. Musical, Dara Friedman, (Apri12009) This film documents and interprets Miami-based German artist Dara Friedman' project "Musical" produced in New York in 2007 with the Public Art Fund. The work lyrically reads as an antholog presenting excepts of people singing and performing on the streets of New York. A new performance in collaboratio with the New World Symphony, will accompany this work. Games People Play (working title) (April-July 2009) This exhibition will present works of art by contemporary artist from Miami collections that directly reference works from the history of art. Eve Sussman, (May), 89 Seconds at Alcazar, Rape of the Sabine Women and White on White are three videos that loo at art historically-important works and re-interpret them as videos of exquisite light and composition. Dzine (Carlos Rolon) (August) This new multi-media installation consists of paintings, objects and music re-mixe~ from classical symphonies into electronic dub music. 7of11 Design and Art (working title) (August-November 2009) Guest curator: Zoe Whitley, curator of contemporary prof ect: Victoria and Albert Museum, London. Parting from work in the Museum's collection plus work in Miami private an~ public collections, this exhibition will draw parallels between art and design. Works of art will be presented alongsid objects of design such as fashion, tableware, furniture, tableware, commercial logos and websites, for example. 8of11 Exhibit 2-A: Project Budget /Revised Total Project Budget Name of organization: Friends of the Bass Museum, Inc. Date(s) of Project: 10/01/08 - 09/30/09 Attach a copy of the total Project budget or list cash expenses and cash .revenues specifically identified with your program, project or events. Round off al! numbers to the nearest dollar. EXPENSES Personnel -artistic Personnel -technical Personnel -administration Outside artistic fees/services Outside other fees/services Marketing/Publicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Exhibitions CMB Prop Maint. Other Telephone/Comp. CASH IN-KIND 358,000 118,122 356,013 146,976 157,566 112,555 25,000 25,000 108,000 15,000 147.490 (Itemize below) 300,000 50,000 285,945 107,492 136,126 REVENUES Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State CASH IN-KIND 80.000 30.000 100,000 75,000 50, 000 110,000 191,891 23,596 Other Contributions (Itemize below) City of Miami Beach 1,618,165 Special Events 10,000 Museum Shop 60,000 Membership 80,000 City of Miami Beach Grant Award 20,633.25 Total cash expenses 2.374.285 Total in-kind expenses 75,000 Total project expenses 2,424,285 CASH & IN-KIND Total cash revenues 2,374.285 Total in-kind revenues 75.000 Total project revenues2,424,285 CASH & IN-KIND 9of11 Exhibit 2-B: Project Budget /Revised Grant Award Budget Name of organization: Friends of the Bass Museum, Inc. Date(s) of Project: 10/01/08 - 09/30!09 Grant Award: $20,633.25 Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only be spent within budget categories declared below. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel -artistic Personnel -technical Outside artistic fees Marketing/Publicity Printing Postage Equipment Rental Space rental (Performance Related Only) Insurance (Performance Related Only) 5.000 Total Other Costs (itemize Below) 5,000 Description Amount Exhibition Expenses 10,633 TOTAL (must equal grant award): 20,633 Grant requirements Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council." Allowable Grant Expenditures as Relates to Grant Project: • Artistic and technical fees directly related to the proposed program or event • Production costs related to the proposed program, project or event • Honoraria • Equipment rental and expendable materials • Marketing • Publicity • Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 10 of 11 Grant Use Restrictions (grant funds may not be used towards): • Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs • .Administrative salaries or fees • "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental • City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.) • Debt reduction • Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) • Travel or transportation outside the local Niami Dade County area • Social/Fundraising events, beauty pageants or sporting events • Hospitality costs iricluding decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials • Charitable contributions • Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: • Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. -all artists payments, separate from advertising payments) • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 11 of 11