Friends of the Bass Museum, Inc.goo ~ ~ r ~~~
` ~ MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Friends of the Bass Museum, Inc.
Grant Contact: Jean Ortega
Address: 2121 Park Avenue
City, State, Zip: Miami FL 33139
Phone, fax, a-mail : (305) 673-7530, (305) 673-7530, jortegaCa~bassmuseum.orq
2. Grant amount: $24,629.94 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2009
6. Expenditure deadline: September 30, 2010
7. Project completion date: September 30, 2010
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. G ~P
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of ~~~~~!!2009.
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atf errera Bower, ayor . Signatur A /1 ~,D
Attes
Robe Parcher, ity Jerk
(Grantee's Cor orate Seal Here)
STAT,J< OF FLORIDA, COUNTY OF MIAMI- DADE
The fore oing instrument w s cknowledged before me
this ~~day of ~~~ 2009, by
si , ~ F3~!>x1i~ ' . ' of
~P S2v not-for-profit
corporation. a/She is per Wally known to me or has
produced D~ v,? ~` ~~n9C~ as
iderltlfic~ation.
GRANTEE:
Federal ID #: 59-2017511
BY: '
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
Signature of Notary Public
Notary Name: ~~s~ ~~al?SO
Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
• ^ ti ~ o~
torriey (~ •N Date
My Commission Expires:_ /~ y ~ ~ t ~'~
,p~'_ "~ ELISA ALONSO
MY CD(v{~QSS10N N DD674336
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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
responsibilityof administeringthisGrant tothe City Manageror his authorized designee, who shall be the Cites
Cultural Affairs Program Manager.
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 expenditureswill be subject to the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash, other matching grants and/or In-Kind contributions not in excess of 25% of the
total cash project budget. Line item changes to said Budget shall not exceed ten percent (10%) per category,
and shall, in no event, 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 withoutthe prior written
consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's
commencement, 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 developthe City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supplythe Cultural Affairs Program Managerwith a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2010, must submit their final reports no later than November 15, 2010. New Grant awards
will not be released until all Final Reports for previous years' funding are received.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject
to the restrictionstherein). In awarding this Grant, the City assumes no obligationto providefinancial support of
any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will only be supplied to the Grantee following 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 may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey
adopted by the Cultural Arts Council to obtain specific feedback from program participants.
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 Managerwith the identityand title of individualsauthorizedto withdraw or
write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1 -September 30).The Grantee shall 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 pertainin~o payments received and made in
conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks,
shall be dated within the fiscal yearfor which they are approved and retained inMiami-Dade County in a secure
place and in an orderlyfashion by the Grantee for at least two (2) years after the Expenditure Deadline specified
in Article I-5. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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8. Publicity and Credits The Grantee must includethe 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 thesame manner as if Grantee defaulted
under this Agreement, pursuant to Article IE12.
9. Liability and Indemnification The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 Granteeor its officers, employees, agents, servants,
partners, principals or contractors. 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 bythis Agreement,
or otherwise provided, shall in noway limit its obligation, as set forth herein,to indemnify, hold harmless and
defined the City or its officers, employees, agents andcontractors 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 shall not be permitted to assign this Grant, and any purported assignment
will be void, and shall be treated as an event of default pursuant to Articldl-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 iffully set
forth herein.
12. Default/TerminationProyisions: In the event the Grantee shall fail to complywith any of the provisions
of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and withhold or cancel
all or any unpaid installments of the Grant upon giving five (5) calendardays 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 repay to 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 isterminated, the following provisions will also apply:
a. For first-time violations- Grantee shall be required to submit a final report with documentdion of
expenditure of all Grant funds already received (first half) up to the termination date.
Additionally, Grantee will be ineligibleto apptyand/or receive a grant in the subsequentCityfiscal year.
However, Grantee will be allowed to apply forgrants in future fiscal years
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration, the
Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final
decision as to whether Grantee may be allowed to applyfor future grants shall remain within the sole discretion
of the City.
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Any uncommitted Grant funds which remain in the possession or underthe control of the Grantee as of
the date of the Expenditure Deadlinespecified in Article 1-5 must be returned to the Citywithinfifteen (15) days
after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request
in writing from the Cultural Affairs Program Manager 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 pursuantto this Section are to be repaid upon demand by
deliveringto the Cultural Affairs Program Managera certified check for the total amount due, payable to the City
of Miami Beach, Florida.
These provisions shall 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 the breach or failure occurs, or at anytime throughoutthe term
of this Agreement.
14. Written Notices: Any written notices required under this Agreementwill 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 III /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/or services recommended for
support. As such, use of Grant funds for any program component not meeting this condition will be considered a
breach of the terms of this Agreement and will allowthe City to 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 Acbf 1990 (ADA) to remove
barriers, which prevents qualified individualswith disabilitiesfrom enjoyingthe same employment opportunities
that are available to persons without disabilities.
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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.
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 exclusivevenue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State 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 intentionaly blank-
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Exhibit 1 /Revised Project Description
Organization: Friends of the Bass Museum, Inc.
Completely describe Project approved by the Grants Paneland in a separate narrative detailal/ revisions to
fhe Project based upon the City Commission ap~oved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Proiect description as approved by Grants Panet
The purpose of the Bass Museum of Art is to collect, preserve, exhbit and interpret the visual arts
for the residents and visitors of the City of Miami Beach, Miam+Dade County and Southeast
Florida. Essential to this function is the creation of educational programs related to the exhibitions.
Central to its mission are the needs of the region's ethnic constituencies, students, artistic
community and an international community of scholars. The Museum achieves its purpose by
developing and mounting exhibitions from its permanent collection and presenting loan exhibitions
from local, national and international collections, stimulating tourism and providing an important
cultural destination for the City of Miami Beach and the region.This general operating grant will
support the Bass Museum's 2009-2010 programs and exhibitions.
Proiect description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work
is new or has never before been presented in Miami Beach.
No necessary changes or revisions.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Friends of the Bass Museurr~ Inc.
Date(s) of Project: October 1, 2009 -September 30, 2010
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 all numbers to the
nearest dollar.
EXPENSES
CASH IN-KIND
Personnel -artistic 460.500
Personnel -technical 225.000
Personnel -administration 253.500
Outside artistic fees/services 68.000
Outside other fees/services 165,000
Marketing/Publicity
Space rental 118.500
Utilities 114,500
Equipment rental
Office supplies 23,000
Other Costs:
Insurance
Maintenance
Exhibits/Education
Donated Artwork
Misc.
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
County
CASH
80.000
336,750
111.000
50,000
125,000
25,000
195,318
IN-KIND
250,000
(Itemize below) Other Contributions
158.000 City of Miami Beach
484.000 Membership
508.500 Rental/Store/Misc.
250.000
274.615
City of Miami Beach Grant Award
Total cash expenses 2 853,415
Total in-kind expenses 250.000
Total project expenses 3,103,415
CASH 8~ IN-KIND
(Itemize below)
1,618,165
130.000
157,552.06
24.629.94
Total cash revenues 2,853,415
Total in-kind revenues 250,000
Total project revenues 3,103,415
CASH & IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Friends of the Bass Museum
Date(s) of Project:
Grant Award: $24,629.94
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 14,629.94
Outside artistic fees
Marketing/Publicity 10.000
Printing _
Postage _
Grant requirements
Equipment Rental
Space rental (Performance
Related Only)
Total Other Costs (itemize
Below)
Description Amount
TOTAL (must equal grant award): 24,629.94
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 maynot 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
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including 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 eventserves to specifically benefit City of Miami Beach
government and has been previously approved as such be the Cultural Affairs Program Manager
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 Invoices AND checks must be dated within the 2009-10 Fiscal
Year
• 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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