Arts for Learning
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FAX NO. : 2122891202
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Feb. 28 2002 03:40PM PI
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City of Miami Beach Cultural Arts Council
200 112002 Cultural Arts Grant Agreement
Thil arant Apement is eotered into this ~ .r-. day of ~"..." . 200t.b0tween the City of Miami Beach,
v
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Arts for L~m)ne (Grantee).
....
Artiele II Grallt daeriptloa
1.
Onntco:
Address
City. State. Zip
Phone, fax. e-mail
Arts for Laming
I Soo 8~yne BouIeYard Suite 317-0
Miami FL 33112 .r7~ -/21 '2..
(800) 836-0494 305- 995-2679 jue.miami@arts4Ieaming.org
$3,000 .fOH poid upon aleutiOft of'''" Agreement.
2.
Gtant amount~
With regard to fHlY'IIMt 01 th, ranainlng balance, the City Iter-,'n represents, tmd Grant." huein ail'"'U
and adrnowlet/gel, that 1M origiMl 5~ r-.alrtilrg IH1/aIrce tJll1t4 1'11111 Q11IOIInllIJa)' ~ reducsd by 1M City
cu a ruull 0/ a polen,tal MaorI/oil 'n 'M Clf)'".f Ruurl T_ c:ollcctio,." IQI4 coll.ctiolllt to lw! determined by
the City on or abotct Allpsl I, 200Z. In lhe ewnt of &w:h short/aU. neceultotinR a ,eductlo" in tire grant
amount of the ret'IItZ/"I"G btJIJIIN" dw 10 GrtmtH. G,anl,e herei" agr"I,1I1II laid ,educed poymtn' ,hall
CON.vlitule full tmdflnal payment and compllarrce by 1M City wirlr the terms oltlUs .4greertft!nt, "nd Grantee
fur,her agrUl to indemnify and hold Cfly hamtlas for till)' dtlllftlgel or ;ftjlll'}' 81UhJi1I,d by GraNt., QJ a
Tuult of an, potential ,horrfallln tire grant amo""t. Final paynlerlt will h madt by $eplember JO, 2002,
IDld upon COlfIpI~tion of "'ojla. submission and apprOWJl o/fI"al reporl.
J. Project deBc;riptiOR: See Exhibit. 1, attKhed ha<<o
.... Itemized budget: See ExhIbits 2-A and 2.B, attached "'0
5. ~.xpalditure deadline: Seft..- 30. 20Q2_
6. Project completion date: "';j oJ ... 4.,.- 141 ~OO~
.
7. Report deadline: No later dIan ,. days after Pnject CompJdion Date.
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Mar 15 02 12:22p
"ar 15 02 11:018
artsTorlearnine
Cultural Arts Council
(305)995-2679
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3056737262
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IN WlTNBSs WHEREOF, the parties hereto have execwed this Agreement this / J day Qf/"1~~ 2OCl\.
BEACH
GRANTEfJ ~~tf)~/ Lc...
Print Name of .
FederallD# /3 -/6 ~ 1-k
~f~~
Robert ?archer, Crty Clerk
BY: 0;;(.... C,-c~-'--L
Printed Name of Chairman or President
~~
BY: /~~. <... ..... '-~ /3z-( I
Pri:)23\~~
SIgnature
(Grantee's Corporate seal)
BY: /<r~ 4 u- ~ 1\30-1" (
-~~
SlgnatW'e
APPROVED AS TO
FORi'/' - U 'lGUAGE
& fO;.1 t:."ECUTION
l{-rf12/
ttorney~ __
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 DescriPtion: The Grantee may only use the Grant for the purposes that are specificalJy described in the
Project Description, attached hereto as Exhibit No.1. All expenditures wilJ 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
pennitted without the prior written consent of the Director of the CounciLSaid 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 Thundays (see Article ill-19).
The following City of Miami Beach" Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No. I, 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 def1I1ed 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-FTIJ
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 fulfilJed, 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 ofthe Project's
completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 500.10 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. Program 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 shalJ 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 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 ofthe 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 MillIni 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 s.o 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 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 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
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 any one person which exceeds the sum of
$100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid
by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the Grantee entity.
10. Assignment: The Grantee 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 II-12.
II. 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. Defaultffennination Provisions: In the event the Grantee shall fail to materially confonn 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 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 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 av~lab]e
to it under the law.
13. Induleence 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 1-1 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. Caotions Used in this Ae:reement: 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 Aereement: 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 tenns. 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 DI 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 tenns 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 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 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 II - 12 herein.
[The remainder of this page is left intentionally blank]
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: Young Auit't.Vl~ ,. :j;hC.
Project title: AYl-s fOr l:ea.rn f~ Beach
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.
Original project approved by Grants Panel:
Within three years, all public schools within the Miami Beach feeder pattern will have
the opportunity to receive the comprehensive arts integration services offered through
Arts for Learning. The first four public schools in Miami Beach will be carefully
selected based on their willingness and readiness to participate in the A4L arts integration
services program. Throughout the 2001-02 school year, A4UM:iami will work with
educator teams from each school to develop and implement integrated arts plans for each
school. The project will begin with a one day of training for a group of 5-6 teachers and
arts specialists from each school. These teams willI] evaluate each school's unique
challenges and assets for infusing the arts across the curriculum; 2] investigate how the
A4L website and CD can serve as a source of information, classroom resources, and
community connections for improving teaching practices through the arts, and 3] create a
customized plan for integrating the arts. These A4L coaches will then serve as the on-
going implementers of the arts plans for each school by organizing faculty meetings to
introduce A4L/Miami, and presenting their school's personalized plan for arts integration
to teachers, administrators, students, and parents. A4L staff will facilitate follow-up
planning, scheduling and resource development assistance. In November, A4U Miami
will host an arts evening on Miami Beach for principals, educators, administrators, and
PTAlPTSA members featuring live arts programming and a demonstration of how
A4L/Miami can assist schools in mobilizing community support and engaging their
students to learn.
Revisions based upon awards:
During the spring semester of the 2001-02 school year, Arts for Learning/Miami will
work with 2 classroom teachers and 2 arts specialists from Fienberg-Fisher Elementary
School to develop and implement comprehensive unit plans which incorporate an artists
and arts organization of Miami Beach into the classroom curriculum. In February, with
guidance from Arts for Learning staff, two teams consisting of a classroom teacher and
an arts specialist will spend a day investigating the A4L website as a source of
information about resources available in Miami Beach for incorporation across their
curriculum requirements. These units will be carried out during the Spring semester.
Arts for Learning staff will provide logistical and financial assistance that will allow
teachers and students to take advantage of Miami Beach-based arts opportunities in
Miami Beach which they otherwise would not have access to. The units will culminate in
a performance/display of student work for parents, administrators, artists and
representatives of the Miami Beach arts community.
Participation in Arts Beach Second Thursdays:
Teachers in Feinburg-Fisher Elementary School will encourage students and their
\ families to attend Miami Beach's Second Thursday Arts Nights. Additionally,
A4L1Miami will collaborate with Miami Beach cultural organizations to highlight those
institutions' education programming and participation in the A4L/Miami project.
.'
; .
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: ~ Un ~ Avd)~
Date(s) of Project: -E O~ -. 5} O~
Project Title: A~ ~t' LeaYt1i~ / MiaVY\; Peal-~
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 REVENUES
cash in-kind cash in-kind
Personnel - artistic ,fJ Admissions
Personnel - technical ~ .I 000. Contracted services
Personnel - administration ~ Tuitions
Outside artistic fees/services Corporate support
Outside other fees/services Foundation support I
MarketinglPublicity 4250 Individual support
Space rental Government grants j55D
Travel Federal ~
Utilities State
Equipment rental ~ltDD
Office supplies
Insurance/Security
Other Costs: (Itemize below) Other contributions (Itemize below)
~~OOUhl sse.> 1t5o" ~eJ>.s ~OD
Grant award
~8rJOO
Total cash expenses
Total in-kind expenses
Total project expenses
j oS-50
?>o 0
f 219~O
Total cash revenues
Total in-kind revenues
Total project revenues
'$"0
1~Oo
.. .~~bu
(cash + in-kind)
(cash + in-kind)
.
Exhibit 2-B: Project Budget I 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: ~ ~\.&\evtces Project Title: ~iOv'" Lea'("nl~ M~rY\.\ ~dGh
Date(s) of Project: '2 fa ~ - ? ID~
Directions: Identity and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent ~ithin budget categories declared below.
Grant EXDenses
Personnel- artistic
Personnel- technical -$.4-50
Personnel - administrative
t} ~OV
Space rental
MarketinglPublicity ~ 2- ~D
Travel (local only)
Outside artistic fees
tp~oo
Outside other fees
Other costs
(ltemiu below)
fttUI~ ~
TOTAL .,~DO
Grant requirements:
Grant monies must b~ s~"t within budget categories agreed upon in contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
GnDt foods may Dot be used for:
Remuneration of City employees for any services rendered as part of a project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennanent equipment necessary for 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