HomeMy WebLinkAboutThe Trustees of Fla Int'l University for the benefit of the Wolfsonian-FIU
pI oo?-- A [" 3 3 V
& MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2006/07 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this.7/,.j- day of $,,-/ -k k11 t~1 ,2006, between the City of
Miami Beach, Florida (the City), and (Grantee).
Article II Grant Description
1.
Grantee:
The Trustees of Florida International University for the benefit of The
Wolfsonian - FlU
Cathy Left
1001 Washington Ave.
Miami Beach FL 33139
(305) 535-2617, (305) 531-2133, leftc@fiu.edu
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail:
2. Grant amount: $31,655.5650% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract deadline: October 27,2006
6. Expenditure deadline: September 30, 2007
7. Project completion date: September 30,2007
8. Final eport deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. It
S H REOF, the parties hereto have executed this Agreement this ;)~ day of t)C 71 ~C"L ,2006.
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Attest:
~t faA~
Robert Parcher, City Clerk
The foregoing instrument was acknowledged before me
this_day of 2006, by
Patricia R Alvarez. on behalf of The Florida
International University Board of Trustees for the benefit of
The Wolfsonian, a not-for-profit corporation. He/She is
personally known to me or has produced
~:~~..1l~.
Signature of Not~;~ '
Grantee's Cor orate Seal Here
APPROVED AS TO
FORM &.LANGUAGE
& FOR EXECUTION
GRANTEE:
FederallD #:
65-0177616
Notary Name: ~~\ (Lt. \L. rv\ t.Soa...
Notary Public, State of Florida
My Commission Expires: J. A...k. 0 .., t "2.bCS1
NOTARY PUBLIC-STATE OF FLORIDA
~ Desiree K. Mesa
Commission # DD438221
Expires: JUNE 07, 2009
Bonded Thru Atlantic Bonding Co., Inc.
BY: Patricia R. Alvarez
Printed Name of Or
Signature: )\)II
\
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 to the City's Cultural Affairs Program Manager or his Designee.
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 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
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the 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, 2007, must submit their final reports no later than November 15,
2007.
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, and execution of this Agreement by the parties hereto.
5. Program Monitorino 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.
I 6. Bank Accounts and Bondino: Where Grantee is permitted bv law 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 wrlling to the Cullural Affairs Program Manager or his Designee with the
~ identity and title of individuals authorized to withdraw or write checks on Grant funds.
~ I ~ 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 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 ofthe 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.
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9. Liabilitvand 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 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. Assianment: 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 iffully set forth herein, and Chapter
2, Article VII ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as iffully set
forth herein.
12. DefaultfTermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this
Agreement and 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 termination, the Grantee shall be required to immediately repay to the City all portions of
the Grant which have been received by the Grantee but not earned, as of the date that the written demand is
received.
~
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because ofa breach of this Agreement, the following terms will apply:
a. For First-time violations - Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations - Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
apply for future grants shall remain within the sole discretion of the City.
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
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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 upon demand by
I delivering to the Cultural Affairs Program Manager or his Designee a state warrant certifiod chock for the total
~ amount ~~:~:::::i:::h:oC~:to:~:m~rB;::~~:~o:~:a~i~ from pursuing any other remedies that may be
(G available to it under the law.
13. Indulaence 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: Gary Farmer, Interim Cultural Affairs Program
Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive,
Miami Beach, Florida 33139-1819.
15. Caotions Used in this Aareement: 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 Reo resents Total Aoreement: 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
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opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
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Exhibit 1/ Revised Project Description
Organization: The Florida International University Board of Trustees for the benefit of The
Wolfsonian
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved award. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Proiect description as approved bv Grants Panel:
The Wolfsonian - FlU will present the following two temporary exhibitions during the grant period
(10/01/06 to 09/30/06): Modernism in American Silver: 2dh Century Design, from November 18, 2006
to March 25,2007; and Agitated Images: John Heartfield & German Photomontage, 1920-1938, from
June 7 to September 9,2007. A third exhibition, Kunst und Propaganda (Art and Propaganda) opens
tentatively late September/early October 2007. The exhibition of the permanent collection, Art and
Design in the Modern Age, continues throughout the year with occasional updates. A wide range of
educational programs for school groups, university students, and general audiences-which expand
upon collection and exhibition themes-is planned throughout the year.
Proiect description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work
is new or has never before been presented in Miami Beach.
No changes.
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: The Florida International University Board of Trustees for the benefit
of The Wolfsonian
Date(s) of Project: 10/01/06 to 09/30/07
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 0 Admissions 60.000 0
Personnel - technical 0 Contracted services 0 0
Personnel - administration 2.624.774 Tuitions 0 0
Outside artistic fees/services 46.000 Corporate support 435.000 0
Outside other fees/services 312.050 Foundation support 217.500 0
Marketing/Publicity 279.584 Individual support 505.000 400.000
Space rental 16.548 Government grants
Travel 148.457 Federal 23.000 0
Utilities 91 .310 State 54.292 0
Equipment rental 64.800 County 343.535 0
Office supplies 56.703
Insurance/Security 220.240
Other Costs: (Itemize below) Other Contributions (Itemize below)
Acquisitions 3.000 400.000 FlU E & G Fund 2.187.009 400.000
Hospitalitv 192.200 Earned Income 386.500 0
Equip. Purchase/Supplies 117.175 Carry Forward 173.445 0
Other 244.096
City of Miami Beach Grant Award 31.655
Total cash expenses 4.416.937
Total in-kind expenses 400.000
Total project expenses 4.816.937
CASH & IN-KIND
Total cash revenues 4.416.937
Total in-kind revenues 400.000
Total project revenues 4.816.937
CASH & IN-KIND
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Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: The Florida International University Board of Trustees for the benefit of
The Wolfsonian
Date(s) of Project: 10/01/06 to 09/30/07
Grant Award: $31,655.56
Directions: Identify and itemize cash expenses to be paid from Grant award 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
Equipment Rental
Personnel - technical
Space rental (Performance
Related Only)
Insurance (Performance
Related Only)
Total Other Costs (itemize
Below)
31.655.56
Outside artistic fees
Marketing/Publicity
Printing
Postage
Description
Security
Amount
31.655.56
In County Travel
TOTAL (must equal grant award): 31.655.56
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, Cultural Arts Council. "
Allowable Grant Expenditures as Relates to Grant Project:
. Artistic and technical fees directly related to the proposed program or event
. Production costs related to the proposed program, project or event
. Honoraria
. Equipment rental and expendable materials
. Marketing
. Publicity
. Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
· Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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