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Bass Museum of Art CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL GRANT AGREEMENT This Grant Agreement is entered into this 22 day of October, 1998 between the City of Miami Beach, Florida, on behalf of the Miami Beach Cultural Arts Council (collectively the City) and Bass Museum of Art (Grantee). ARTICLE I DESCRIPTION OF GRANT 1. Grantee: Bass Museum of Art 2121 Park Avenue Miami Beach, FL 33139 2. Total Amount of Grant: $ 31,000 00 (50% to be paid upon execution of this Agreement; the balance due upon completion of Project.) (See Exhibit I, attached hereto.) (See Exhibit II, attached hereto.) September 10+-l222 Upon Project completion and concurrent with City's payment of balance of Grant. 3. 4. 5. 6. Project Description: Itemized Budget: Expenditure Deadline: Report Deadline: ARTICLE II 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. Project Description: The Grantee may only use the Grant for the purposes which 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 Line Item Budget, or with changes not to exceed ten percent (10%) per category, so long as expenditures do not exceed the total amount of Grant funds, 3. Reports: This Grant has been awarded with the exception 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 according to the schedule listed under Article 1-6 herein, 4, Amount of Grant and Payment Schedule: The total amount of the Grant is specified 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 tht:: 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 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 following credit line in news releases and programs related to this Grant: WITH THE SUPPORT OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AND THE CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL, 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 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 2 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 Fla. Stat., 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 permitted to assign this Grant, and any purported assignment will be void. 11, Compliance 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 Ordinance No. 72-82 (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, 12, Remedies and Expenditure Deadline: 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 demands 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's Cultural Arts Council 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 for a period not to exceed one (1) year, 3 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 th€l City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedy which may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of wither party with regard to any breach or failure to perform 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 of failure occurs or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of certified letters addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the Director ofthe Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer, 16, Contract RepresenL~ 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 m SPECIAL CONDITIONS The Grant awarded to this organization is the result of an extensive public review process which found that the organization 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 the Articles of this Grant Agreement. 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, 4 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 sam€: 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 required that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 22 day of October, 1998, ATTEST: CITY OF MIAMI BEACH J!Jk d r iWk Robert Parcher, City Clerk Neisen Kasdin, Mayor GRANTEE/ Friends of the Bass Museum, Inc. Print Name of Organization APPROVED ~ TO FORM & LANGUAGE & FOR EXECUTION BY: Lydia Harrison .. /?,j? /99 Dote r BY: Peter McElwain Pri,d Name of Chief Fiscal Officer f/4 In 't:L~. Signature BY: Diane W. Camber Printed Name of Executive Director /-r- / () 2 _/77 > G~{~/ ,x:17G'~ Signature RJAIkw(f\atto\agurlagreemntlgranbiJlr.cac) 5 CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL EXHIBIT 1 REVISED PROJECT NARRATIVE Organization: Friends of the Bass Museum, Inc. Federal ID#: 59-2017511 Project Title: Bass Museum 1998 - 1999 Exhibitions and Programs The Project Narrative or Description is a complete description of the proposed project or event as approved by the Grants Panel based on the original application. Please include the number of events, participants, locations and audience to be served. Also, please include a brief statement indicating how this event will be made available to the public. NARRATIVE OR DESCRIPTION See Attached Necessary changes in the program (if any) if funding received is less than original request: Funds received from the City of Miami Beach CAC will be used for marketing and shipping of the Liza Lou show 12/10/98 - 2/21/99 The Bass Museum of Art founded in 1964, is the #1 tourist attraction in Miami Beach and among the top 20 in South FloJida according to polls of national travel experts. For 34 years, this City Museum has been a cultural mecca where visitors enjoy a distinguished permanent collection, ranging from European Masters to modem and contemporary art and architecture of the world. Since 1978, Friends of the Bass Museum, Ine. have supported a stimulating complement of temporary exhibitions, films, concerts and lectures, A Museum School, providing art classes for adults and children was established by the Friends in the I 980's, Residents are particularly well served by ongoing educational programs and there is frequently a full house for these activities. As a result of high tourist visitation (as much as 70% at times) and national and international collaborations, the Bass is known throughout the world and creates a positive cultural image for the City of Miami Beach, A new wing being added to the Museum's historic Art Deco facility is well under way and the end of 1999 will see the completion of a Museum which encompasses a dramatic vision for the 21st century. The amenities of the new facility, designed by internationally renowned architect Arata Isosaki, will allow for significant expansion of programs. World class blockbuster exhibitions of Czarist Russian and Ancient Egyptian art are planned for the first two years of operation. While fmalizing construction of its superb new facility, during the upcoming year the Musewn will project a high national and international profile, bringing exceptional exhibitions to Miami Beach and travelling Bass-organized exhibitions nationally. DESERT CLICHE and FASIllON AT THE BEACH will be seen in Atlanta, San Francisco, and Long Beach, California. At the beginning of this season the Museum looks south to important neighbors, MESTRE DIDI: SACRED AFRO-BRASILIAN ART will bring more than 30 sculptures from Brazil by an internationally recognized artist. In addition to exhibiting in Europe and the Pompidou Center in Paris, Mestre Didi was honored and selected to represent his country at the last Sao Paulo Bienale. The artist is a priest of Candomble, an Afiican religion brought to Brazil by slaves. While his work contains extensive religious symbolism, it can be appreciated solely on its great artistic merit. The Bass Museum is proud to have organized this, his first, North American exhibition. Since Candomble is related to other Caribbean religions such as Voudou in Haiti and Santeria in Cuba, the Museum will concurrently present fascinating related programs featuring top performers and experts on Haitian, Afro-Brasilian and Afro-Cuban music and dance. An important and innovative Hispanic exhibition, CROSS CURRENTS: CONTEMPORARY PAINTING FROM PANAMA focuses on paintings from the artistically fruitful last three decades in that country, which began with the great social, political and aesthetic changes brought on by military dictatorship in 1968 and were fueled later by the return of democracy in 1989. This first major U.S. exhibition of contemporary Panamanian art will coincide with Hispanic Heritage Month in Greater Miami, After the Bass venue, CROSS CURRENTS will be seen at ~e Museum of Modem Art in Panama, In December, the Museum brings MAXIM KANTOR, an international touring show of one of Russian's foremost contemporary artists. Kantor represented his COWltry in I 997's Venice Bienale. His highly expressionistic figuration reflects the torment of Soviet society during the Brezhnev years in massive, brilliantly articulated paintings, some as large as 10' x 13'. Coinciding with the holidays and ART MIAMI, the Bass organized LIZA LOU'S AMERICA will fill the entire first floor of the Museum with the amazing and visually seductive work of a young California artist. Liza Lou has captured the attention of the Art World in the short time since her first major work, Kitchen, was first exhibited in New York and has just been appointed a fellow of the American Academy in Rome. She will come to Miami Beach to install her pieces and meet the press. Liza's labor-intensive technique yields resplendent life-size installations which bedazzle the eye and challenge the viewer with social commentary. With painstaking attention to detail, she covers eveI)' square inch of her life-sized installations in colored glass beads and sequins. The Bass show brings together all ofLiza Lou's major installations for the first time: Kitchen (12' x 14'), Backyard (20' x 30') and the Portrait Gallery (42 U.S. Presidential portraits in a special beaded environment). ROY LICHTENSTEIN: MAN IllT BY TIlE 21ST CENTURY brings a show of the great American Pop Art master and creator of TOP A's Mermaid to Miami Beach, Colorful, hard-edged, Benday-dotted paintings, drawings, prints, and sculpture of comic book heros, architectural elements, art historical references, interiors and nudes comprise his art which has not, heretofore, been featured in any local institution. This is the last show the artist personally worked on before his untimely death this year, The Museum will additionally offer over 50 related concerts, films, lectures, and Family Days in conjunction with this exhibition schedule and the Bass Museum School will continue to provide an extensive curriculum for adults and children. Through the exhibitions it tours outside the City and outstanding exhibitions it brings here, the Bass Museum generates positive publicity which enhances Miami Beach's image regionally, nationally and internationally. These programs will attract the broadest possible audience. The excellence and innovation of the programs the Museum offers, supported almost entirely by private, corporate and foundation funds through the efforts of the Friends of the Bass Museum, Inc. merit strong sponsorship and funding by the Miami Beach Cultural Affairs Council because they make the City a better place in which to live and visit. CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL EXHIBIT 2: REVISED PROJECT BUDGET A. TOTAL PROJECT BUDGET Name of Organization: Friends of the Bass Museum, Inc. Project Title: Bass Museum 1998-1999 Exhibitions and Programs Date(s) of Project: 10/01/98 to 09/30/99 List cash expenses and cash revenues specifically identified with your program, project or events. Round off all numbers to the nearest dnllar. NOTE: TOTAl. PROJECT EXPENSES AND TOTAl. PROJECT REVENIJES MlIST BE EQIJAL EXPENSES REVENUES Cash In-Kind Cash In-Kind Rersonnel - Artistic 225.000 _ Admissions 75,000 -- Personnel - Technical 130,000 Contracted Services -_.~ -- Personnel - Administration 287 ~_}?6 20,000 Tuitions 40,000 -- Outside Artistic Fees/Srvcs 20,000 Corporate Support 150.000__ Outside Other Fees/Srvcs Foundation Support 125 , 000 MarketinglPublicity 215.000 Individual Support 100,000 20.000 Space Rental 30.000 Government Grants Travel 17,000 Federal 15,000 Utilities 70,000 _ State 50,933 - Equipment Rental - Local 8ll. 708__ Equipment Purchase Other Contributions -- Office Supplies 10.000 - (Itemize below) Insurance/Security 80.000 _ Memberships 50,000 - Other Costs: Touring 25,000 - (Itemize below) Fundraising 100,000 - Exhibition Production 215.000 _ Concessions 68,000 - Facility Expenses 362,000 Other 76,425 - Fundraising Expenses 100,000 Other 41,120 _ Grant Award 31. 000 Total Cash Expenses Total In-Kind Expenses Total Project Expenses 1,718,066 - 20,000 1,738,066 (cash + in-kind) Total Cash Revenues 1. 718,066 Total In-Kind Revenues 20,000 Total Project Revenues 1. 738.066 (cash + in-kind) CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL EXHIBIT 2: REVISED PROJECT BUDGET B. GRANT AWARD BUDGET Name of Organization: Friends of the Bass Museum, Inc. Project Title: Bass Museum 1998-1999 Exhibitions and Programs Date(s) of Project: 10/01/98 - 09/30/99 Grant Funds to be used for Liza Lou 12/10 - 02/21/99 *Directions: Itemized cash expenses to be expended from grant funds must be specifically identified. Expenditures must equal the total amount of the grant award. Grant Expenses Personnel - Artistic Personnel - Technical Personnel - Administrative Space Rental Travel (LOCAL ONL Y) MarketinglPublicity Outside Artistic Fees Outside Other Fees Other Costs (Itemize below) Shipping TOTAL GRANT FUND RESTRICTIONS: 25,000 6,000 31. 000 Grant funds may NOT be used for: Renumeration 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 (permanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debts reduction Out-of-County travel or transportation Fundraising events Hospitality events Events not open to the public