Fine Arts Board
City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this A day of I?f~. 20gJ2between the City of Miami Beach,
Florida, on behalf of the City of Miami Bea~tural Arts Council (collectively, the City), and
City of Miami Beach - Fine Arts Board (Grantee).
Article I I Grant description
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Grantee:
Address
City, State, Zip
Phone, fax, e-mail
City of Miami Beach - Fine Arts Board
1700 Convention Center Drive C/O ACE
Miami Beach FL 33139
305- 673-7577 305- 673-7063 ace@ci.miami-beach.fl.us
$3,000 500/'fJ paid upon execution of this Agreement.
2.
Grant amount:
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
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6. Project completion date: ~ /' _~ <7 v ,., ;-
7. Report deadline: No later than 90 days after Project Completion Date.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement this ~ tf t'day of it /I1L aI-, 209l."l-
GRANTEF1c.~ht/ g~
Print Name of 0 tlon
Federal ID# 5f-tm - ~7J-
David Dermer, Mayor
BY:
Printed Name of Chairman or President
Signature
BY: J~~ ~-L-
Printed Name of Chief Fiscal Officer
:Il1MAY ~~
Robert Parclier, City Clerk
~~
(Grantee's Corporate seal)
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Det- - .--
APPROVED AS TO
FORM & LAN1?; ~ .\GE
& FOR EXiGLJ i .ON
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]
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 specifically described in the
Project Description, attached hereto as Exhibit No.1. All expenditures will be subject to the tenns 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 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 ID-19).
The following City of Miami Beach" Anchors" are required to provide specific information 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).
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Miami Beach "Anchors" for 200112002 are defmed 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
W olfsonian-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.
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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 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 fmancial 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.
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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 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 Councilor 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 ofMiIlmi Belich CulturalAm Councillago and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do~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 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 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. AssilZOment: 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 11-12.
11. ComDliance 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 Contlict 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. Defaultffermination 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 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 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 ay.ailable
to it under the law.
13. Indullzence 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 Al!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 Represents Total A2feel11ent: 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 HI 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 U.S.C. 2000d
et seq.) prohibiting discrimination on the basis ofrace, 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.
Exhibit 11 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: C-MR . F; 11 e A rt & R 0 a r <I
Project title: Fe Rt: i VAl nf t"hp Art"!:Z
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 28th Annual Miami Beach Festival of the Arts was held on February 9th and
10th, 2002 at Ocean Terrace. The Festival of the Arts is sponsored by the City of Miami
Beach and produced by the Fine Arts Board and the Office of Arts, Culture &
Entertainment. The Festival of the Arts was established in 1974 to embrace and promote
the work of contemporary visual artists and provide economic stimulation to under-
served neighborhoods. This two day outdoor visual and cultural arts festival is the
landmark arts event for the Miami Beach community appealing to residents, tourists,
patrons of the arts, and fine arts exhibitors. The Board increased marketing efforts for
the Festival in 2002, and consequently enjoyed an excellent turn out and community
response.
The Festival was relocated from the North Shore Open Space Park to Ocean
Terrace site in the heart of the North Beach commercial district while juxtaposed
between the. city entertainment facilities and the beach. Ocean Terrace is
demographically accessible to all of the upper income such as South Beach, Middle
beach, Brickell Avenue, Miami Upper Eastside, Bal Harbour and Aventura. The Ocean
Terrace streetscape with the performing arts bandshell lends itself perfectly as a
showcase for the cultural and visual arts in this under-served community. North Beach is
rapidly on the rise to become an arts-oriented community with the new acquired Byron
Carlysle performing arts facility to add to the cultural landscape. Residents and artists
alike were pleased with this year's results; the Fine Arts Board received praise for the
success of the Festival. One artist wrote, "I like what you have done with it in the last two
years; the newer location (that hopefully will remain), the organization, the revitalization
of the area selected".
The Festival supergraphic wall mural at the Byron-Carlyle was unveiled on the
2nd Thursday of October; the Festival of the Arts poster unveiling took place on the 2nd
Thursday of November, and the retrospective event was held at the Kennedy Gallery as
part of the Cultural Arts Council's December's Second Thursdays advertised program.
The 2002 feature artist Kenny Scharf, and the improved local artist program initiative
integrated the annual event with the community and promoted the arts to a broader
spectrum of artists and patrons at large. The Miami Beach Festival of the Arts featured
150 visual artist exhibitors who were selected from a national application process. The
upgraded 2002 jury selection process and the growing reputation of Ocean Terrace as
an idyllic festival site increased the interest and selectivity for presenting the highest
quality fine art to the Miami Beach community of residents and visitors.
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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 oforganization:CMB: Fine Arts Boarhoject Title: Fp!':t:; v:=Il n f t: hp Art-!':
Date(s) of Project: Fphrll:=1ry Q
R. 1 n?nn?
.
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
Personnel - artistic
Personnel - tecqnical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
MarketinglPublicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
~; ry ~~r"; roE'S
Printinsz
Travel
Lodging/Hasp
O~hoT"
Total cash expenses
Total in-kind expenses
Total project expenses
cash in-kind
?nnn 1n . nnn
2000 1000
24000 30,000
" , ggO 5,ggg
5/.76.Q An . nnn
REVENUES
cash in-ldnd
Admissions / Fee s 35000
Contracted services 120000
Tuitions
Corporate support 10nno
Foundation support 45000
Individual support
Government grants
Federal
State
TDC 6750
CCAC 5019
CMB 40000 30000
Other contributions (Itemiz.e below)
Sales 3000
1nnnn
?nnn
60nn
(Itemize below)
20000 ?oon
10000
3000
1000
11000
Grant award
3000
147,769
150.000
297,799
(cash + in-kind)
Total cash revenues 1 47 769
Total in-kind revenues 150000
Total project revenues 2 97799
(cash + in-kind)
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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: CMB: Fine Arts Boarlkoject Title:Festi val of the Arts
Date(s)ofProject:February 9 & 10, 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 ExoeDles
Personnel- artistic
Persormel- technical
Personnel - administrative
Space rental
Travel (local only)
MarketinglPublicity $ 3000
Outside artistic fees
Outside other fees
Other costs
(Itemlu below)
TOTAL $~nnn
Grant requirements:
Grant monies mus, b~ spent within budget categories agreed upon in contract
All publications associated with Miami Beach Cultural ArIs Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant ....ads may not be used for:
Remuneration of City employees for any services rendered as part of a project receiving a grant fi'om the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennanent equiplTlent 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 ttavel or transportation
Fundraising events
Hospitality events
Events not open to the public
"
FOR IMMEDIATE RELEASE
CONTACT: Laura Jamieson
305-534-0514
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)fIAKI BEACH
"Miamieyegny" KenDY Scharf's original artwork for the FES TIV AL
Miami Beach Festival 01 the Am.... DDvei1ed at OeeaDBIDe IA.RTS
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Miami, Fl. November 29, 200 1... "Miamieyeguy", the original poster image
created by the internationally acclaimed pop artist Kenny Scharf for the 28th Annual
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Miami Beach Festival of the Arts, February 9 & 10, on Ocean Terrace in North Beach
was unveiled November 8 at the exclusive Patron's Party at the OceanBlue Sales Center
on Collins Avenue. '
The eye-catching "Miamieyeguy" was introduced in conjunction with the launch
of the North Beach Season of the Arts and is boldly displayed as a supergraphic
installation at the Byron-Carlyle on 7lstStteet. It is said that Kenny Scharfs work
",.eaches out eeyotlu' die: eE.tist be .mdc:ri~s of flne 2rt and ,CO~9}~ts to pop1.1lar culture."
The 28th annual MiaIni Beach Festival of the Arts, February 9 & 10,2002 at Ocean
Terrace in North Beach, will showcase the outstanding artwork of up to 150 juried artists from
across the Nation and exceptional local artists with original works, including painting, sculpture,
photography, ceramics, glass, jewelry, exceptional crafts and mixed media.
A presentation of the Miami Beach Fine Arts Board, the Office of Arts, Culture & '
Entertainment, and the North Beach Development Corporatio~ the ~c1aimed Miami Beach
Festival ofthe Arts showcases fine arts' and family entertainment. Activities include visual and
cultural arts at Ocean Terrace, children's activities, street theater, and international cuisine from
10 a.m. to 6 p.m., February 9 and 10, 2002. Admission and parking are free and open to the
public.
...more
City of Miami Beacb Fine Am Board - ODice of Arb, Culture, & Entertainment
1700 Convention Center Drive Miami Beach, FL 33139
TeB05-673-'l57l eIt. 6835 Fat 305-673-7063 ""
m.ci.miami.beacb.ft.ns emahce@ dmiaJDi-beachfl.ns
Miamieyeguy - 2
Gracious host for the Patron's Party, OceanBlue Condominium in North Beach has
recently broken ground for the construction ofa 12-story seaside residential development with
105 residences, including four townhomes on Collins Avenue. For more information on
OceanBlue Condominiums, visit the sales center at 7449 Collins Avenue, or call 305-868-71 00.
The Miami Beach Festival of the Arts is produced by the Miami Beach Fine Arts Board,
the Office of Arts, Culture & Entertainment, and the North Beach Development Corp<?ration
with the support of the Miami Beach Cultural Arts Council and the Miami Dade County
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Department of Cultural Affuirs. For more information, call 305-673-7577 and visit the website
www.ci.miami-beach.fl.us.
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ELSEWHERE IN MIAMI BEACH
Botanical Garden, 2000 Convention Center Dr.
Blotter. The Misom Project: art installations, photography, and paintings by Robert Chambers,
Christian Curiel, Jason Ferguson, Steve Gagnon, Brandon Opalka, and Paul Stoppi and others.
"Symbiosis by Osmosis," a site-specific sound gardening project in the Japanese Garden
featuring Gustavo Matamoros and Armando Rodriguez of South Florida Composers' Alliance.
Fantasy Theatre's fire-eater and stilt-walkers.
Holocaust Memorial, 1933-1945 Meridian Ave. Guided tours.
Jewish Museum of Florida, 301 Washington Ave.
Exhibition: "The Art of Hatred: Images of Intolerance in Florida Culture."
7-8 Jazz vocal quartet "The Decotones" perform music of the 1930s and 1940s.
Miami Design Preservation League (MDPL) Center, 1001 Ocean Dr.
Screening of "Pastel Paradise," a video on the preservation movement in Miami Beach.
7-8 Fantasy Theatre's "Cinderella, Salmonella and Rubella," a "fractured fairytale" version
of the timeless classic.
Arts at St. John's, 4760 Pinetree Dr.
Big Band workshop with Jose Elias's Afro Polyponic Orchestra.
The Seymour, 945 Pennsylvania Ave.
Exhibition: Miami Modern Architecture 1945-1972. MiMo holiday party to celebrate the
Miami Modern architecture photography exhibit at the Municipal Art Society in New York City.
Kennedy Gallery, 1390 Ocean Dr.
Unveiling of the Miami Beach Festival of the Arts poster. Meet artists Herbert Hofer,
R.J. HOhimer, Nam June Paik, others.
Jazid. 1324 Washington Ave.
Motown jazz man Bobby Stringer sings classic soul favorites.
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around
.the . beacl
OceanBlue Condominium and 1
Miami Beach Fine Arts Board hac
kick-off party and poster unveiling'
the 28th Annual Miami Beach Festt
of the Arts. This year's offidal-poste
titled, Miamieyeguy, by renowned p
artist, Kenny Scharf.
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