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Friends of the Bass Museum Inc $ .. City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement Il. .....0., :1- This Gr~t Agreement is entered into this .2 day of Fl'! ' ~ between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Bass Museum (Friends of the Bass Museum, Inc. ) (Grantee). Article I I Grant description 1. Grantee: Address City, State, Zip Phone, fax, e-mail Bass Museum (Friends of the Bass Museum, Inc.) 2121 Park Avenue Miami Beach FL 33139 305- 673-7530 305- 673-7530 wtexon@bassmuseum.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 andfinal 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: September 30, 2002 7. Report deadline: No later than 90 days after Project Completion Date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this (;lAID day of AfJILLL ,209fV I BEACH GRANTEE! Friends of the Bass Museum, In Print Name of Organization FederalID# 59-2017511 oughton o Chairman or President , By:Peter McElwain Name of Chief Fiscal Officer c ~ A~:W Pwk Si Robert Parcher, City Clerk BY: Diane W. Camber Printed Name of Executive Director ~~,/c;;: ~~-' Signature (Grantee's Corporate seal) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 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 ofthe 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 terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized 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. All Grant recipients must participate in at least one AmBeach Second Thursdays (see Article ill-I 9). The following City of Miami Beach" Anchors" are required to provide specific information 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 of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above information 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 ofthe 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 overrnns 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. Prolrnl111 Monitorimz and Evaluation: The Director ofthe 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. I 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. 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance 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 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 ofMiaml Beoch CulturalAm COUllcJllogo and the following credit line in all publications related to this Grant: THE aTY OF MIAMI BEACH. Failure to do s.o 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 instrumentalities may incur as a resuh of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or othelWise provided, shall in no way limit the responsibility to indemnifY, keep and save harmless and defined the City or its officers, employees, agents and instmmentalities 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 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. 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. Defaultffennination Provisions: In the event the Grantee shall fail to materially confonn with any of the provisions of this Agreement, the Director ofthe 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 of a 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 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. 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 ofthe 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 av~lable 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 petform 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 1-1 of this Agreement, and to the City when addressed as follows: David Whitman, Director, Miami Beach Cuhural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Caotions 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 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. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without. discrimination on the basis of any disability. 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 n - 12 herein. [The remainder of this page is left intentionally blank] Organization: Friends of the Bass Museum. Inc. Project title: 2001 - 2002 Proarams 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. The Bass Museum is proud to present globe>miami<island (December 12, 2001-February 3, 2002) which features 61 artists with a Miami connection. Many currently live and work here; others studied or taught here. Several of the artists are graduates of the Bass Museum's Art to Work program and have gone on to careers as artists and exhibit locally and nationally. alobe>miami<island is the only major museum exhibition on view during Art Miami and the high season in South Florida showing the work of Miami artists. The installation, as conceived by sculptor Robert Chambers, guest curator, is reminiscent of the Arsenale portion of the Venice Biennale - a progression, with surprises along the way. It has been specially designed for the Museum ramp and new wing galleries. The exhibition includes site specific works created by Glexis Novoa, Jose Bedia and Purvis Young. A highlight of alobe>miami<island is a selection of work by Janine Antoni, including a piece featured on the September cover of Art in America. Important works by Teresita Fernandez, Quisqueya Henriquez, Dara Friedman, Naomi Fisher, Sal La Rosa, Ursula von Rydingsvard and Felix Gonzalez Torres will be prominently featured. Performance artists included during the run of the exhibition are Maria Jose Arjona, Martiza Molina, Gustavo Matamoros and the Dance Now! Ensemble. Inside and Out: Contemporary Sculpture, Video and Installations Ongoing, Organized by the Bass Museum of Art This exhibition inaugurates a series of exhibitions of sculpture, installation and video, presented in spaces both inside and outside the renovated and expanded Bass Museum of Art by artists both inside and outside Greater Miami. Some of the artists are based outside Florida (Tony Cragg, Lin Emery, Ann Hamilton, Joseph Havel, Dennis Oppenheim, Robert Stackhouse, James Surls). Others are part of the Miami community (Jose Bedia, Carol Brown, Robert Chambers, Florencio Gelabert, Barbara Neijna and Eduardo Gardin); and one (part-time Miami Beach resident Nam June Paik) is both an "inside" and "outside" artist. The works on loan are complemented by several contemporary sculptures recently acquired for the permanent collection of the Bass Museum of Art, including a work on an ecological theme by Colombian artist Nadin Ospina, a video piece by Sterz and a wall relief by Carlos Betancourt The exhibition engages visitors with the new spaces designed for the Museum by Arata Isozaki, and the historic renovated Pancoast building (the Museum's first home) and the surroundings in Collins Park. Liza Lou 11- Trailer December 13, 2001 through June 2002, Organized by the Bass Museum of Art Following its highly successful exhibition of Liza Lou's America in 1998-99, featuring astonishing life-size, bead-covered environments, the Bass Museum of Art presents the artist's most recent and largest work: a 35-foot trailer, covered inside with a glittering, beaded interior. Internationally- acclaimed, Liza Lou captures American culture in installations described by critics as hallucinatory, witty and sublime. Assuming the visual language of film noir, Lou's Trailer examines the anxiety and violence of American male culture beneath a lush and glossy surface. Jewel Stern/Project Skyline: Photographs of Miami Beach Art Deco Hotel Towers December 13, 2001 through August 2002, Organized by the Bass Museum of Art In 1979, photographer Jewel Stern captured the distinctive towers of many of Miami Beach's most famous landmark hotels including the National, Ritz Plaza, Plymouth and Delano. She also printed -continued- line drawings of the tower outlines on mylar. These were published in a portfolio of 16 x 20" prints called Project Skyline which was purchased by the Bass Museum for its distinguished architectural arts collection. In these works, Stern captures the elegant geometry that informed the streamlined Art Deco style. Paying homage to past architectural triumphs for which Miami Beach is famous, these will be on view in the Museum's recently restored Maya-inspired Art Deco building. In the Spirit of Martin: The Living Legacy of Dr. Martin Luther King, Jr. September 7 - December 1, 2002, Organized by SITES In the Spirit of Martin is the first major exhibition to use the visual arts to explore the inspiring life and enduring legacy of Dr. Martin Luther King, Jr. It presents a diverse group of artists celebrating Dr. King's life and responding to his vision of universal democracy and equality. Approximately one hundred and thirty works - paintings, works on paper, mixed media and sculpture - are included by artists such as Jacob Lawrence, Ben Shahn, Hale Woodruff, Robert Colescott, Elizabeth Catlett, Charles White, Romare Bearden, Robert Gwathmey, Horace Pippin, Faith Ringgold, Gordon Parks, Norman Rockwell, Andy Warhol, Robert Rauschenberg, Robert Indiana, Thornton Dial, Jean-Michel Basquiat, Kerry James Marshall and Lois Mailou Jones. The exhibition pairs works of art with literary excerpts or historical commentary which inspired each artist. The juxtaposition of actual events with artistic renderings of those events speaks to the ability of art to shape collective national memory and makes for a powerful exhibition which celebrates Dr. King's life and work without denying the complexity of either. A full-color catalogue accompanies the exhibition. 2nd Thursday Programs at the Bass Museum of Art October 11: Free open house at the Bass niw Art Lab, 2100 Washington Avenue. Program will display students' works with sound, video and web art with hands-on demonstrations by lab instructors. November 8: New World School of the Arts Conservatory - Student and Faculty Concert December 13: Faculty from the New World School of the Arts Conservatory and the Dranoff Competition Laureates January 10: * South Beach Chamber Ensemble - Piano Trios by Beethoven and Dvorak February 14: "An Evening of Romance" - Duo Piano Concert with Kirk Whipple and Marilyn Morales March 14: A concert during the New Music Festival with singer Jackie Humbert performing works by some of the icons of the American avant-garde. April 11 : * South Beach Chamber Ensemble - Presents Chamber Music from Spain May 9: Greater Miami Youth Symphony Ensemble June 13: * South Beach Chamber Ensemble - Presents music for piano, violin and cello. July 11 & August 8: Artist's Forum, Inside and Out: Contemporary Sculpture, Video and Installation continues in its second year with major loans of sculpture inside and outside the Museum. Artists, including several that work in Miami, will talk about their including Florencio Gelebert, Robert Chambers and Jose Bedia. September 12: Special program to complement exhibitions: In the Spirit of Martin and/or Italian Treasures from the Bass Museum Collection. * Indicates performers and groups receiving MBCAC funding, which the Bass Museum mentors. NOTE: The Bass Museum sponsors programs every Thursday evening which are free and open to the public. Exhibit 2-A: Project Budget I 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.] Name of organization: Friends of the ProjectTitle: 2001-2002 progiiams Bass Museum, Inc. Date(s) of Project: October 1, 200t - -September 30, 2002 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 100.000 25.000 Personnel - technical 125,000 Personnel- administration 375,000 25,000 Outside artistic fees/services 75,000 25,000 Outside other fees/services 50.000 25.000 MarketinwPublicity 100,000 25,000 Space rental (art 80,000 storage) 25,000 Travel Utilities 80,000 Equipment rental 5.000 Office supplies 8.000 Insurance/Security 60,000 REVENUES cash in-Idnd Admissions 25.000 Contracted services 50,000 Tuitions 10,000 Corporate support 50,000 100,000 Foundation support 35.000 Individual support 35,000 50,000 Government grants 118,000 Federal State 75,000 Other Costs: (ltemize below) 5.000 125.000 Other contributions (ltemize below) CMB 1,089.000 Membership 55,000 Store Revenue 30,000 Fleet Services Bui1dinq Services Computer Support 40,000 Fudraising/Develop.150,000 Other Exhibition 150,000 75,000 Costs Grant award 31,000 Total cash revenues Total in-kind revenues Total project revenues 1,553,000 Total cash expenses Total in-kind expenses Total project expenses 1,553,000 200,000 1,753,000 (cash + in-kind) 200,000 1,753,000 (cash + in-kind) Exhibit 2-D: Project Budget I Grant Award Budget [Note: ne following Project Description is revised to represent the possible Grant reduction, u a result of the potential City Resort Tax shortfall.] Name of organization: Friends of the Project TItle: 2001-2002 Programs Bass Museum, Inc. ~s)ofProj~October ]. 1.001 - ~~r+~~ber 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. Graat ExDeilSeS Personnel- artistic 20,500 Pasonnel- technical Personnel - administrative Space rental Travel (local only) MarketinglPublicity 10,500 Outside artistic fees Outside other fees Other costs (Itmdu HlDw) TOTAL $31,000 Grant requiremems: Grant monies IIIIUt be spMl within budget categories agreed upon in contract All publications usociared with Miami Beach Cultural Arts CoWlCiI grant support must include the Gty of Miami Beach Cultural Arts Council.s logo and the following byline "City of Miami Beach" G....t falldl may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant tom the City of Miami Beach Cultural Arts Council "Bricks and mortar" ex' permanent equipment (pennament equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt nduction Out-of-county travel or transportation Pundraisina ewIdS Hospitality events Events not open to the public