Art Center/So. Fla Grant Agmt
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City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This G~nt Agreement is entered into this 0' day of ~JlPM~ 200 I between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Art Center/South Florida (Grantee).
Article I I Grant description
l.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Art Center/South Florida
924 Lincoln Road Suite 205
Miami Beach FL 33139
305- 674-8278 305- 674-8772 Isolte@artcentersf.org
2.
Grant amount:
$31,000
50% paid upon execution of this Agreement..
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City
as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by
the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant
amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall
constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee
further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a
result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002,
and upon completion of Project, submission and approval of final report.
3. Project description: See Exhibit I, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Expenditure deadline: SePtember 30. 2002
6. Project completion date: ~kM be. V 3D) ~co~
7.
Report deadline:
No later than 90 days after Project Completion Date.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 31 ~ f"daY of Dl?tzU~fll..;-2001.
GRANTEElAK:G:::.Pl.k.V/sDotll\ Ii..ovld2!
Print Name of Organization (
Federal ID # ~ ....'J-.<..f >J'Ji''' 1
~p~
Robert Parcher, City Clerk
(Grantee's Corporate seal)
BY:
~a?7of~
r!r Ie.
Signature
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
;1 J 11M In II it-- }..- c." (1'V"'
'~ Date
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Article II I 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 ofthe State of Florida (City). The City has delegated the responsibility
of administering this Grant to the Executive Director ofthe City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director ofthe Council."
2. Proiect 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 ofthis 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 Budget in Exhibit 2-B shall not be
pennitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to
the Director, in writing, detailing and justifying the need for such changes.
All Grant recipients must participate in at least one ArtsBeach Second Thursdays (see Article ITI-19).
The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization(s).
Miami Beach "Anchors" for 2001/2002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualify it
from future consideration from the City's Cultural Arts Grant Program.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and
develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director ofthe Council within 90 days of the Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50% of their
Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's
Fiscal Year on September 30, 2002.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to
the restrictions in Article 1-2). 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.
5. Prooram Monitoring and Evaluation: The Director of the Council 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds.
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7. Accountine: 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 1-5.
These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the
City's 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 MiIIInJ BelIch Cultural Arts COll1lcillogo and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. 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 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 instromentalities 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 ofthe 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 responsibility to indemnify, 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 anyone 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 ofthe 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. Assi2llment: 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 1I-12.
11. Comoliance 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. J)efaultffennination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions ofthis Agreement, the Director ofthe Council may withhold or cancel all, or any unpaid installments, ofthe
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 a breach of any term or condition of this Agreement, upon
five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions
of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as
of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to
repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for
another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this
Agreement.
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The Grantee wiII be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration ofthe Grant period. The Grantee wiII also be liable to reimburse the City for all lost or stolen Grant funds.
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 Director of the Council 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 by delivering to the
Director of the Council 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. Induhzence WiII Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perform any provision of this Agreement shaIl not be deemed to constitute a waiver ofthe provision or any portion
of this Agreement either at the time of the breach offailure occurs or at any time throughout the term of this Agreement.
19. 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-I of this
Agreement, and to the City when addressed as follows: David Whitman, Director, Miami Beach Cultural Arts
Council, 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 Reoresents 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 I 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 ofthe terms ofthis
Agreement and wiII allow the 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 wiII comply with Title VI of the Civil Rights Act of 1964 (42 V.S.C. 2000d
et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it wiIl 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.
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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. All Grant recipients must participate in at least one" ArtsBeach Second Thursdays" (Second Thursdays),
a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations
throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact
manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a
material breach of this Agreement, as provided in Article 11- 12 herein,
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Exhibit 1 / Project Description
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result ofthe potential City Resort Tax shortfall.]
Organization: ArtCenter/South Florida
Project Title: ArtCenter Exhibitions. Education and Outreach
ArtCenter/South Florida serves the diverse residents and visitors of Miami Beach through open studios,
exhibitions, a nd arts education and community 0 utreach services. Grant-supported programs for 2001-2002
include:
Exhibition Support: Our year-round exhibit schedule provides a free public display of emerging and
established local and national artists, in a wide variety of media and stylistic approaches. Our exhibitions
enable artists to attract audiences and encourage arts involvement by community residents of all ages. ArtCenter
charges no admission fee and receives no commissions from the sale of art works.
Community Outreach: In collaboration with other Miami Beach community organizations, ArtCenter
provides education and outreach programs for youth and adults. We offer painting, drawing and other classes at
the Miami Beach Botanical Garden and other arts and educational programming at other locations in the
community.
Juried A rtist Support: ArtCenter was founded on the premise that a community of artists could thrive if
provided with affordable studio space in a location easily accessible to public audiences. For 16 years,
ArtCenter has achieved that goal, attracting artists to Lincoln Road with low-cost rents and visitor access. In a
district where rents now exceed $75 per square foot, our rental rates range from $6.75 to $14 per square foot,
depending on the artist's income level. We are committed to providing affordable studio rental rates for talented
artists, despite continued increases in the cost of maintaining and operating our aging facilities.
Youth Education: ArtCenter provides important arts education in partnership with Miami-Dade Public
Schools. All Miami Beach public schools participate in our ArtEdge and ArtAdventures programs, and every
exhibit in our galleries becomes a museum visit for the school system's Museum Education Program. However,
ArtAdventures, our major school-based program, is substantially underfunded. School district funding covers
only a fraction of the costs.
Changes from original project description:
This project description and budget reflect a $2,000 reduction of anticipated grant funds. Therefore,
funding levels for the budget categories of outside artistic fees and marketing/publicity each have been
reduced by $1,000. However, our basic plans for programs and services remain unchanged.
Participation in ArtsBeach Second Thursdays:
ArtCenter is strongly committed to the monthly ArtsBeach Second Thursday cultural program. Each
month, our gallery and artist studios remain open until 11 p.m. on Second Thursdays. An estimated 95
percent of ArtCenter artists participate on a regular basis in our "meet the artists" program, talking with
visitors in their studios and taking part in bilingual guided tours of our facility. For the 2001-02 season on
2nd Thursdays we are conducting all official exhibition openings accompanied by a string trio of violin,
viola and chello played by students from the New World School of the Arts, and individual
demonstrations of their craft, such as weaving, metal sculpting, pallet painting, etc., provided by
ArtCenter resident artists.
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Exhibition 2-A: Project Budget / Total Project Budget
(Note: The tal/owing Project Description Is revised to represent the possible Grant reductIon, as a resull at the potential
C/lyResort Tax shortlal/.)
REVENUES
ADMISSIONS
CONTRACTED SERVICES
TUmoNS
CORPORATE SUPPOKr
foUNDATION SUPPOKr
PRIVATE/INDIVIDUAL $UPPOKr
GOVERNMENT GRANTS - (IDENTIfY SOURCE)
FEDERAL
STATE
LOCAL
ApPUCANT CASH ON HAND
OTHER REVENUES (/lEMaE BElOw):
AIM Rental
Endowment Income
Rental
Art Studies
Parking
GRANT AMOUNT REQUESTED
CASH INCOME
195,520
100,000
75,000
76,000
160,000
33,795
33,000
81,600
119,800
235,188
190,720
13,340
31.000
IN-KIND VALUE
12,900
IN-KIND SOURCE
Legal/Buses
TOTAL CASH REVENUES
TOTAL IN-KIND CONTRIBUnONS
TOTAL PROJECT REVENUES
1,344,963
12.900
1,357,863
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Exhibition 2-A: Project Budget / Total Project Budget
(Note: The following proJecf Descrlpflon Is revised to represent fhe possible Grant reduction, as a result of the potential City Resorl Tax
shortfall.)
GRANT
CASH DOUAIlS CASH
EXPENSES . ALLOCATED + MATCH
PEIISONNEL
ADMINISTllAnVE: NUMJER o.
&mOYEEs: INCLUDES EDUCAlION,ExNII..PIOGIAMING 11 290,500 3,000 287,500
AIlTISTlC: NUMIER Of Amm: 5 1 72.000 10,000 162,000
TECHNICAL: NUMlER Of EMPLOYEES: 5 122,000 122,000
OUTSIDE AIlTISTlC FEES: NUMlER O. Amm: 30 197,359 9,000 188,359
OUTSIDE OTHER FEES: NUMIER o. EMPLOYEES: 5 77 ,BOO 77 ,800
MARKETING/PUBLICITY 121.520 9,000 112,520
PRINTING
POSTAGE 22,402 22,402
IN COUNTYTIlAVEL 7,130 7,130
OUT Of COUNTY TRAVEL
EQUIPMENT RENTAL 15,852 15,852
EQUIPMENT PURCHASE
SPACE RENTAL 99,600 99,600
INSURANCE 41,097 41,097
UTILITIES 79,392 79,392
SUPPLlES/MATERIAU
OrnER Com (1IEM1lf BELOW);
Building Repair 39,682 39,682
Material & Supplies 42,720 42,720
Seminar /Dues/ MeetinQ + 9,300 9,300
HV AC Repair & Maintenance 19,509 19,509
"IN-KIND
CONTllIBunONS
12,900
GRANT AMOUNT REQUESTED
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11,357,863 I.
31,000
TOTAL CASH EXPENSES
31,000
+
1,326.863
TOTAL -IN-KIND CONTRIBUTIONS
12.900
TOTAL PROJECT EXPENSES
$1.357.863
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Exhibition 2-B: Project Budget / Grant Award
(Note: The tollowlng Project Description Is revised to represenlthe possible Grant reduction, as a result ollhe potenllal
City Resort Tax shortfall.)
PERSONNEL
ADMINISTRATIVE:
NIIMI!lOf EMlLona: INCWDU
EllUCAnOH,ExHIL,PlOGlAMlNG
ARTISTIC: NUMIEIt
Of ArnST$:
nCHNICAL: NUMIn
Of &moyEU:
OUTSIDE ARTISTIC FEES: NUMI!l o. Arnm:
OUTSIDE OTHER FEES: NUMII!l o. EM'LOYED:
NlARKEnNG/PuaucnY
PRINTING
POSTAGE
IN COUNTY TRAVEL
OUT Of COUNTY TRAVEL
EQUIPMENT RENTAL
EQUIPMENT PURCHASE
SPACE RENTAl.
INSURANCE
UTILITIES
SUPPUES/NlATliRIALS
OTHER Com (1IfM1ZE BElOW):
TOTAL
Granl
DoHan
Allocated
11 3,000
5 10,000
5
30 9,000
5
9,000
31,000