FIU Board of Trustees to Benefit the Wolfsonian . • .
. ,
. . el MIAMIBEACH BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2010/11 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 20th day of September, 2010, between the City of Miami Beach,
• - Florida (the City), and (Grantee). .
Article I / Grant Description
1. • Grantee: FIU Board of Trustees to Benefit The Wolfsonian •
Grant Contact: Katherine Gorell
Address: 1001 Washington Ave. -
- City, State, Zip: - Miami Beach FL 33139
Phone, fax, e- mail 305- 535 - 2624, (305) 531 - 2133, katherinethewolf.fiu.edu
. 2. Grant amount: $23,184.00 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, 2010
- • 6. Expenditure deadline: September 30, 2011 - '
7. Project completion date: September 30, 2011 -
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• 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. /9f ,p /��� .
IN WITNESS WHEREOF, t e parties hereto have executed this Agreement this day of / , 2010.
•
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Matti' H: rera Bower, ayor Si g nature
Attest: lika a 19 6/44 STATE OF FLORIDA, COUNTY OF MIAMI- DADE
alt . Robert Parcher, City Clerk r. The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) ;.~ this 26th day of October 2010, by
Robert Gutierrez of
r li rm „. The Florida International Univ .Board ofTrustees
• a not - for - profit .
- _ ` k.~ corporation. He /She is personally known to me or has '
FL Driver's
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` vers License
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GRANTEE: .. `15° " Signature of Notary Public
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65`0177616"
Federal ID #: - •
BY Robert Gutierrez; Director Pre - Award N otary Name: Gabriela Gonz
Printed Name of Organization's Authorized Representative Notary Public, State of Florida "
(City Attorney Approval Here)
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Article II / General Conditions
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• 1. Parties: Theparties to this'Agreement are the Grantee listed in Article•l,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 City Manager or his authorized designee, who shall be the
City's 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 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.
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 without the
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 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 with 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 byy the
end of the Fiscal Year, or September 30, 2011, must submit their final reports no later than November 15,
2011. 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 1 -2
• (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
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 Manager with the identity and title of individuals authorized to withdraw
4 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 pertaining to 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 year for which they are approved and 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 1 -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 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 11-12.
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 Grantee or 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 by this
Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold
harmless and defined the City or its officers, employees, agents and contractors 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 o r 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.
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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 Article 11-12.
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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 comply with 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) 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 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 is terminated, the following provisions will also apply:
• a. For first -time violations — Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (first half) up to the termination date.
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 grants 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 apply for 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 under the control of the Grantee as of
the date of the Expenditure Deadline specified in Article 1 -5 must be returned to the City within fifteen (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 period not to exceed one (1) year.
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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 a 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 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 1 -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.
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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
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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.
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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 /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 allow the City to seek remedies including, but not limited to,
those outlined in this Grant Ag reement.
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 Human Rights Ordinance as
codified -in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial 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
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that are available to persons without disabilities: -
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
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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
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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 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.,
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Exhibit 1 / Revised Project Description
Organization: Wolfsonian - FIU
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Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions
to the Project based upon the City Commission approved award. Please be as specific as possible; name
of event, specific dates, venues, times, artists, etc. Use extra page if necessary.
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Project description as approved by Grants Panel:
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• Seasonal Programs 2010/2011
• Art and Design in the Modern Age: Selections from The Wolfsonian Collection Ongoing,
Organized by The Wolfsonian -FIU
o The Wolfsonian Collection of modern objects from 1885 -1945 demonstrates the active
role design plays in motivating actions, expressing ideas, creating desires, and shaping
identities. Exhibition themes underscore designers' responses to new materials and
technologies, the role of graphic design as an instrument of political and commercial
persuasion, and the nature of state - sponsored public art and architecture programs.
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• Advertising for Health (February 19 - December 31, 2010), Organized by The Wolfsonian -FIU
o Advertising for Health invites the viewer to explore nearly a century of advertising for
medicine, pharmacy, and public health. Organized on the occasion of the inaugural
year of the FIU Herbert Wertheim College of Medicine, the installation features rare
advertisements, printed ephemera, and posters from a recent gift by William H.
Helfand, an author and print collector.
• Speed Limits (September 17, 2010 - February 20, 2011) Organized by The Wolfsonian -FIU and
the Canadian Centre for Architecture (CCA)
o Speed Limits probes the powers and limits of the modern era's cult of speed in five key
domains: circulation and transit; construction and the built environment; efficiency; the •
measurement and representation of rapid motion; and the mind /body relationship. The
exhibition explores a single Futurist theme from the standpoint of its contemporary
legacies. It is about complex choices and complex consequences, polarities but also
about connections between the fast and the slow. Speed Limits features posters, books,
drawings, clocks and appliances, paintings, and video installations:
• Art for All: British Posters for Transport [April 15 - August 14, 2011] Organized by The
• Wolfsonian -FIU and the Yale Center for British Art
o Art for All explores the promotional effort of London's Transport poster project. The
project not only encouraged ridership on the public transport system, it helped to
foster a civic identity for the city of London. That the more than 5,000 images produced
by London Transport include some of the highest achievements of the poster art makes
this accomplishment even greater. The exhibition features more than 75 masterpieces
of both London Transport and the British railway lines. In addition, the exhibition will
include documentary photographs, film, and installations that demonstrate how the
posters were displayed.
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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 to the requirement that the work
is new or has never before been presented in Miami Beach.
• Soviet Decorative Arts (Fall /Winter 2010), Organized by the State Institution of Culture and
Education of the City of Moscow, Multimedia Complex of Actual Arts has been postponed due
to lack of funding.
• Liberty, Egality, Fraternity, [Tentatively: November 2011 -March 2012], Organized by The
Wolfsonian -FIU and the Fond national des arts contemporain, Paris
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o Liberty, Egality, Fraternity wilt explore industrial design of the past 30 years in a
• synthetic, non - linear manner through the collection of the Fond national des arts
• contemporain (FNAC; National Contemporary Art Fund). "Liberty, Fraternity," a
motto that first appeared during the French Revolution (1787 -99) and is now an
• integral part of French national culture, will serve as the conceptual framework for
selecting and presenting design objects. The exhibition will engage audiences in a lively
and provocative conversation about design and its impact on their lives. •
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Exhibit 2 -A: Project Budget'/ Revised Total Project Budget
Name of organization: Wolfsonian - FIU
Date(s) of Project: 10/1/10 - 9/30/11
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.
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EXPENSES REVENUES
CASH IN -KIND CASH IN -KIND
Personnel - administration 2,523,699 Admissions 75,000
Outside other fees /services 202,590
Marketing /Publicity 25,000
Space rental 12,400
• Utilities (incl. tel) 70,840 Corporate support 50,000
Equipment rental /maint. 8,250. Foundation support 363,388
Office supplies /other supplies 79,663 Individual support 295,000
Other Costs: (Itemize below) Government grants
Travel 120,035 Federal 38,000
Insurance 45,200 State 40,817
Store /merchandise 75.000 County 138,575
Mail services /postage 22,604 Other Contributions (Itemize below)
Development/Special Events 177,800 International (French Embassy 10,000
Fees /taxes /licenses 24,660 Other earned income 13,600
Prof. Dev /Subscriptions 3,000 'Carry forward 340,034
Printing /photocopying 53,380 Special Events 200,000
Grounds maint. /Cleaning 4,800 FIU Education & Gen. Fund 1,852,548
.Conservation, freight, fuel 98;600 Rights & Reproduction 2 000
Public Programs /Membership 31,250 Museum Shop 195,
Transfers 24,000 Membership 72,500 •
Security Fees 115,000 Facility Rental 17
IT /Software /Hardware 113,480 Reimbursed Expenses 165,880
Acquisitions/Tangible Property 2,200 City of Miami Beach Grant Award 23,184 •
Publication /Reference /Rights 59,575
Total cash expenses $3,893,026 Total cash revenues $3,893,026
Total in -kind expenses $200,000 Total in -kind revenues $200,000
Total project expenses $4,093,026 Total project revenues $4,093,026
• CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Wolfsonian - FIU
Date(s) of Project: 10/1/10 — 9/30/11
Grant Award: $23,184.00
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 _ Equipment Rental
Personnel — technical _ Space rental (Performance
Related Only)
Outside artistic fees
Marketing /Publicity _ Total Other Costs (item ize
Below)
Printing _
Description Amount
Postage Security Fees $23,184.00
TOTAL (must equal grant award): $23,184.00
Grant requirements
Grant funds must be spent within budget categories agreed upo n 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 progr am or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable m aterials
• 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 a s 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(
• Insurance Fees (Cultural Anchors excluded from this restriction)
• Social /Fundraising ev ents, 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 event serves 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 2010 -11 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as program s, brochures and flyers.
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