Wolfsonian - FIU Grant Agmt
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City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 131 day of o,.cembU}OOI between the City of Miami Beach,
Florida, on behalf ofthe City of Miami Beach Cultural Arts Council (colIectively, the City), and
Wolfsonian-Fm (Grantee).
Article I 1 Grant description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Wolfsonian-Fm
1001 Washington Avenue
Miami Beach FL 33139
305- 535-2617 305- 531-2133 jim@thewolf.fiu.edu
2.
$31,000
500/0 paid upon execution of this Agreement.
Grant amount:
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and ac/mowledges, 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, sakl 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 1, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Expenditure deadline: September 30. 2002
6. Project completion date: ~ ~ 'n '''- 30 '200 "::1-
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
.tfCT daYOrbtaw~2001.
GRANTEE! The Wolfsonhn - FlU
Print Name of Organization
Federal In # 65-0177616
B)': Catherine F. Thurman
Printed Name of Chairman or President
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Signature
B)': Sean St. Lou! s
Printed Name of Chie
ATTEST: ~i p~
Robert Parcher, City Clerk
B)': Patricia R. Alvarez
Pri~Of_D"""",
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Signature
(Grantee's Corporate seal)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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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 of the State of Florida (City). The City has delegated the responsibility
of administering this Grant to the Executive Director of the City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Descriotion: 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 tenns 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
permitted 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.
AU Grant recipients must participate in at least one ArtsBellch Second Thundays (see Article ID-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 200112002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum ofFtorida
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. Reoorts: 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 of the 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 ovenuns 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. Prol!l'llm Monitorin!! 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.
,Where Grantee is permitted by law ~
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts .
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writin
to the Director of the Council 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 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. Furthennore, the Director ofthe Council may, at the
City's expense, audit or have audited, upon reasonable notice, all the financial records ofthe Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee mUst include the City of Miomi Beach Cultural Arts Council logo 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 II-I 2.
9. Liability and Indemnification: The Grantee shall indemnify and hold hannless 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 perfonnance
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 responsibility to indemnify, keep and save
hannless and defined the City or its officers, employees, agents and instrumentalities as herein provided.
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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 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 pennitted 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.
11. Comnliance 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement. the Director of the Council may 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 ofa breach of any tenn 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
ofthe 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.
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the Grant period. The Grantee will 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 (I) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to ~
Director of the Council a GeFt.i'ieHheek for the total amount due. payable to the City of Miami Beach, Florida.
state warrant
These provisions do not waive or preclude the City from pursuing any other remedies that may be av~lable
to it under the law.
13. Induhzence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn 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 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 addrelsed as follows: David Whitman, Director, Miami Beach Cuhural Arts
Council, 1700 Convention Center Drive. Miami Beach, Florida 33139-1819.
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15. Caotions Used in this AlZ1'eeI11ent: 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 Reoresents Total AlZ1'eeI11ent: 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 perfonning 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 City to seek remedies including but not limited to those outlined in this Grant Agreement.
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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 ofrace, color, national origin, handicap, or sex. ~
the provisions of the
The Grantee hereby agrees that it will comply wittl City of Miami Beach Ordinance No. 92-2824, as
from time to time, prohibiting discrimination in employment, housing and public accommodations on account of
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.
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 ofthe 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 II - 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 of the potential City Resort Tax shortfall.]
Organization: The Wolfsonian-FIU
Project title: Ooerating Support
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the
organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
Outline proposed use of this grant for $31,000.
For the upcoming season, The Wolfsonian-F1U will reinterpret its permanent exhibition, Art and
Design in the Modem Age: Selections from the Wolfsonian Collection. This signature
exhibition provides a critically important venue for the exploration and exhibition of objects from
the vast Wolfsonian collection.
Funding from the City of Miami Beach Cultural Arts Council funding Will be fundamental in the
implementation of a wide array of lectures, gallery tours, films, performances, and promotional
publications to be held in concert with The Wolfson ian's upcoming temporary exhibitions:
Aluminum by Design (December 14, 2001-April7, 2002) is a touring exhibition originated at
the Carnegie Museum of Art in Pittsburgh, Pennsylvania that explores aluminum as a major
contributor in shaping international twentieth-century architecture, design, culture, and society;
the exhibition features many objects drawn from the Wolfsonian Collection. Aluminum by Design
will be installed on two floors. Funding will be used for planning and development of Visual
Front: Posters of the Spanish Civil War (May 15-September 15, 2002) which examines
propaganda's critical role in the Spanish Civil War, 1936-1939, and will include over forty.
posters from the Southworth Collection at the University of California, San Diego. The exhibition
will be augmented by a selection of posters, books, and ephemera from The Wolfsonian-FIU
collection.
Accompanying programs will complement exhibition themes in a wide variety of formats
targeted to a range of audiences. The Wolfsonian will host three film series for the year; films
will be held on the second Thursday of months during the height of tourist season and in the
summertime. Public lectures will engage broad themes of relevance to the community, including
. presentations by Christopher Mount (Editor-in-Chief of I.D. Magazine and curator of the
exhibition Different Roads: Automobiles for the Next Century at MOMA in New York) in
conjunction with the South Florida Intemational and Miami Beach Auto Shows; and Sarah
Nichols (Chief Curator and Curator of Decorative Arts, Carnegie Museum of Art and curator of
Aluminum by Design exhibition) in conjunction with Miami Design PreserVation League, Art
Deco Weekend, and Miami Modemism.
In addition, museum curators and guest scholars will lead exhibition tours for adults and a
number of collaborations with Miami Beach-based organizations, including participation in First
. Night Miami Beach, Miami Beach Cultural Arts Festival, Art Deco Weekend, Miami Design
Preservation League, Art Miami, and Sand in Our Boots.
How will your organization participate in Z'dThursd;JYs?
As a partner in the. Miami Beach 2nd Thursday initiative, The Wolfsonian~FIU will continue its
pioneer tradition of free gallery access every Thursday night, from 7:00 to 9:00 p.m. In addition,
for each 2nd Thursday date, The Wolfsonian will offer free exhibition tours. The following are
some of the special events we will be hosting in concert with 2nd Thursdays. As our
prC?gramming process continues, more may be added to the 2nd Thursday calendar.
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November 8
Free public lecture: Murray Moss, New York's most creative retailer of domestic design
products.
*Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
December 13
(Arts Beach Festival during Art Basel Miami Beach)
*Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
January 10
Free public lecture: Penny Sparke, Dean, Design Faculty at Kingston University, London will
speak on Aluminum and domestic objects, and their impact on the domestic role of women. (In
conjunction with the exhibition Aluminum by Design).
Free public access to all exhibition ~alleries, from 6:00 to 9:00 p.m.
Free exhibition to,ur.
February 14
(Valentine's Day)--Greater Miami Youth Symphony
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
March 14
Alluminating Films Series
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
April 11
Free public lecture: Visual Tour of Jeffersonian New York, Howard Rock, FlU History
Department Professor
Free public access to. <ill exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
May 9
Free public dance performance featuring DanceNow!
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
June 13
*Free Summer Film Series-in conjunction with the exhibition "From Emperors to Hoi Polloi
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour.
July 11
. *Free Summer Film Series-in conjunction with the exhibition "From Emperors to Hoi Polloi
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour,
August 8 _ .
*Free Summer Film Series-in conjunction with the exhibition "From Emperors to Hoi Polloi
Free public access to all exhibition galleries, from 6:00 to 9:00 p.m.
Free exhibition tour. -
Exhibit 2-A: Project Budget / Total Project Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
N f . t' The Wolfsonian-FIU p'ect T'tl Geheral Operating Support
ame 0 orgamza Ion: roJ 1 e:
. October 1, 2001 to September 30, 2002
Date(s) of Project:
Attach a copy ofthe 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 REVENUES
cash in-kind cash in-kind
Personnel - artistic Admissions 107,885
Personnel - technical Contracted services
Personnel - administration 1,979,194 Tuitions
,. Outside artistic fees/services 115,120 5,855 Corporate support 101,400 25,445
Outside other fees/services ,175,580 Foundation support 35,000
MarketinglPublicity 294,580 5,190 Individual support
Space rental 330,000 Government grants
Travel 65,900 14,400 Federal
Utilities State 2,289,589
Equipment reRtal
Office supplies
Insurance/Security
Other Costs: (Itemize below) Other contributions (Itemize below)
DAPA 125,000 13,368 Appli,."nt' ~"",h 686.000
Special Events 47,080 F::Irn~rf Rp-Vpnl1p. 286.250 13.368
Strategic Planning 90,000 (:;:Jrry Forward 233.304
Exhibition Costs 222,200
Misc Repair Maint. 191,060 Grant award 31. 000
Total cash expenses 1.770.428 Total cash revenues 3.770.428
Total in-kind expenses 38.813 Total in-kind revenues 38.813
Total project expenses 3.809.241 Total project revenues 3,809,241
(cash + in-kind) (cash + in-kind)
Exhibit 2-B: Project Budget 1 Grant Award Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Name of organization: The Wolfsonian-FIU Project Title: General Operating Support
Dat~s)ofPr~ect: October 1.2001 to September 30, 2002
Directions: IdentifY and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant EXDeoses
Personnel- artistic
Personnel- technical
Personnel - administrative
Space rental
Travel (local only)
MarketinglPublicity
11 , 000
Outside artistic fees
9.000
Outside other fees
11 ,000
Other costs
(Itemize below)
TOTAL 31. 000
Grant requirements:
Grant monies IIUISt be spmt within budget categories agreed upon in contract
All publications associated with Miami Beach Cu1tural Arts CoWlCil grantsupport must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant funds may not be used for:
Remuneration of City employees fur any services rendered as part of a project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permaOent equipment (permanent equipment necessary fur proposed project may
be purchased if the price is less than what is would cost to rent the equipment)
Debt reduction
Out-of-county travel or transportation
. Fundraising events
Hospitality events
EventS not open to the public