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
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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.
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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
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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.
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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-
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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.
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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.
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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.
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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
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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
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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.
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