ArtCenter/South Florida
m
City of Miami Beach and Miami Beach Cultural Arts Council
Fiscal Year 2004/2005 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this ;)...~ day of 0 chw
Miami Beach, Florida, (the City), and ArtCenterlSouth Florida (Grantee),
, 2004, between the City of
Article II Grant Description
1,
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
ArtCenterlSouth Florida
924 Lincoln Road
Miami Beach, FL 33139
305-674-8278 ex!. ii, (305) 674-8278 xii, dbianchino@artcentersf,org
2. Grant amount: $2500050% paid upon execution of this Agreement,
Remaining 50% paid upon completion of Project and submission and approval of Final Report,
Project description: See Exhibit 1, attached hereto
Itemized budget: See Exhibits 2-A and 2-8, attached hereto
Contract deadline: November 5, 2004
Expenditure deadline: September 30, 2005
Project completion date:
F' I Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date, I. it t/ /
EREOF, the parties hereto have executed this Agreement this /!l.!!:. day of N~I;1e! ~7t..-, 2004,
Attest:
~ij PauL-
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City Clerk
Grantee's Corporate Seal Here)
The foregoing instrument was acknowledged before me
this~day of Odo~..y- 2004, by
f-i (,lAiit....d 7JIAM if. of
Ari-~ 1 ~ Pkvlt/ , a not-for-profit
corporation. @She is personally known to me or has
produced r-f) L ~ s :2fX)71.f J 2..(p /750
as
identifiC~
~.~-
Signature of Notary Public
/"
-0
GRANTEE: ArtCenterlSouth Florida
Article III 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 toJhe City's Cultural Affairs Program Manager or his designee,
2, Proiect Description: The Grantee may only use the Grantfor 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 ofJhe Cultural Affairs Program
Manager or his designee, Said requests shall be made in advance, in writing, detailing and justifying the need
for such changes,
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community, To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager or his designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15,
2005.
4, Amount of Grant and Pavment Schedule: The total amount ofthe 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, Proqram Monitorinq and Evaluation: The Cultural Affairs Program Manager or his designee 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 Bondinq: 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 Cultural Affairs Program Manager or his designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds,
7, Accountinq 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 Cultural Affairs
Program Manager or his designee or his designee at the Grantee's offices during regular business hours and
upon reasonable notice, Furthermore, the Cultural Affairs Program Manager or his designee 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, Publicitv and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council, Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 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 ofthe 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 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, Assiqnment: 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. 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 Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully setforth 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, Default/T ermination Provisions: In the event the Grantee shall fail to materially coliform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 Cultural Affairs
Program Manager or his designee, 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 ofthe 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee 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
available to it under the law,
13. lndulqence Will Not be Waiver of Breach: The indulgence of either 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 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: Grisette Roque Marcos,
Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819,
15. Captions Used in this Aqreement: 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 Aqreement: 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 1111 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.
Exhibit 1/
o
ArtCenterl South Florida Original 2004/2005 Project Schedule:
Lucianna Abait 09/18/04 - 10/24/04; Featuring the paintings of Lucianna Abait
Skins: 10/30/04 - 11/17/04; Featuring the mixed media of Peng Hung-Chih, Nina
and Torsten Romer, Hank Willys Thomas, John Slepian, Claudia Medina, Mark
Koven and Josefina Posch,
To Be Announced: 11/24/04 -01/02/05; Organized by an outside curator (TBA)
with ArtCenter artists, The curator will be selected from a list provided by artists
and staff from the ArtCenter and Board members,
Fourth Annual Benefit Raffle "Winning Art" 01/08/05 - 02/20/05; Featuring all
resident artists from the ArtCenter
ArtSounds 02/26/05 - 04/03/05; Highlightfng visual arts and its relationship with
other forms or art, non-ArtCenter artists
Mapping: 04/09/05 - 05/15/05; Featuring ArtCenter and other artists,
concentration in the theme of the use of maps,
*TBA: 05/21/05 - 09/30105
*Subsequent exhibWon scheduling for the remainder of 2005 is to be announced
but will include ArtAdventures and ArtCamp student exhibitions,
ArtCenterl South Florida Revised 2004/2005 Project Schedule:
~ Exhibition Program:
Fresh 2004: New juried artists at ArtCenter/South Florida: 09/18/04-10/17/04;
Exhibition featuring recently juried resident artists Ana Calderon, Julie Davidow,
Diane Hanson, Evelyn Posada, Damian Sarno, Sara Stites, Sara Modiano and
Helen Webster
Beyond Technique: Perceptions in Painting: 10/23/04-11/17/04; Exhibition
featuring 3 resident artists Jenny Brillhart, Juan Calderon and Ernie Sandidge.
Objects of Virtue: 11/27/04 - 112/05; Exhibition of all ArtCenter resident artists
curated by established Miami artist and ArtCenter alumni Edouard Duval-Carrie.
ARTCENTER/SOUTH FLORIDA
924 Lincoln Road. Suite 205 . Miami Beach, FL 33139 · TEL: 305,674,8278 . FAX: 305,674.8772 . WEB: www,artcentersf.org
Art and the City. 01/08/05 - 02/13/05; An exhibition sponsored by ArteCity; a
competition with works by all resident artists, exploring the theme of living in an
urban environment.
"Winning Art", 4th Annual Benefit Raffle: 02/19/05 - 03/20105; Exhibition with
works of art by all resident artists,
Skins: 03/26/05 - 04/30105; An exhibition originally proposed for development in
2004. Featuring the mixed media of Peng Hung-Chih, Nina and Torsten Romer,
Hank Willys Thomas, John Slepian, Claudia Medina, Mark Koven and Josefina
Posch,
ArtSound: 05/07/05 - 06/12/05; Highlighting visual arts and its relationship with
other forms or art, non-ArtCenter artists.
Annual Student Show: 06/18/05 - 07/24/05; An exhibition that showcases work
by students from different South Florida university and college art programs,
*TBA: 08/01/05 - 09/30105
*Subsequent exhibition scheduling for the remainder of 2005 is to be announced
but will include ArtAdventures and ArtCamp student exhibitions.
Education Program:
ArtStudies:
Fall Session 1: September 6 - October 16, 2004
Fall Session 2: November 8 - December 18, 2004
Winter Session 1: January 10- February 19, 2005
Winter Session 2: March 7 - April 16, 2005
SpringlSummer Session 1: May 2 - June 11, 2005
Spring/Summer Session 2: June 27 - August 6
Fall Session 1: August 29 - October 8, 2005
ArtCamp:
Session 1: June 6-June 18,2005
Session 2: June 20 - July 1, 2005
Session 3: July 4 - July 16, 2005
ArtAdventures:
March 22 - May 5,2005
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: _ South Florida Art Center
Project Title:
Date(s) of Project:
October 1, 2004 thru September 30, 2005
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 100,137
Personnel - technical 142,727
Personnel - administration 234,272
Outside artistic fees/services 106,900 _4,680_
Outside other fees/services 72,120 _9,000_
Marketing/Publicity 18,800 _8,320_
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
3,500
111,360
10,176
6,000
28,000
Other Costs:
_Supplies/Materials
Phone
_Web Support
_General Building
_Bank Fees
Program Expenses
(Itemize below)
20,473 3,000_
9,300_
_750
126,396
_7,485
65,500
Total cash expenses
Total in-kind expenses
Total project expenses
1,099,499
25,000 _
1,124,499
(cash + in-kind)
REVENUES
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Local
Other Contributions
Rental Income
Endowment
Fundraising
Membership
Grant award
Cash
In-Kind
144,850_
65,000 _ 22,000_
_50,000
_17,000
_30,000
_50,537
37,750 3,000
(Itemize below)
448,448
35,000
113,364
82,550
$ 25,000
Total cash revenues 1,099,499
Total in-kind revenues _ 25,000_
Total project revenues 1,124,499
(cash + in-kind)
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: _South Florida Art Center
Project Title:
Date(s) of Project: _October 1,2004 thru September 30,2005
Directions: Identify and itemize cash expenses to be paid from Grant funds,
Grant awards may only be spent within budget categories declared below, 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
Grant Expenses
Personnel - artistic
Marketing/Publicity
5,000
Personnel - administrative
Space rental
Personnel - technical
Travel (local only)
Outside artistic fees
10,000
Outside other fees
(Itemize below)
Other costs
(Itemize below)
Audit
_Equipment Rental_
Grant Writing_
_Materials-Artist Educ.
10,000
Contract Labor_
Other
TOTAL: $ 25.000
Grant requirements:
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of
Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultura/
Arts Council. "
Grant funds may not 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 (permanent 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