Miami Children's Museum
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City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this 3 0 day of No V . . 2000 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City). and
Mia.lI'1i ChiIMr1'~ lVIuseum (Grantee).
Article I / Grant description
1.
MiaMi 0lild.ren's ~useuM
rei Bl'erlo... Blvd.
Mr'(1.JI"\i ,FL 3313("
305 - 373 - 543" /305-373-'543 i / Wmu...@bt!-llsor.:rA-nrt
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Grant amount: ~~ 7-:5"50 50% paid upan execution of this Agreement.
Remaining 50% paid upon completion of Project. submission and approval affinal report.
Project description: See Exhibit I, attached hereto
Itemized budget: See Exhibit n, A and B attached hereto
Expenditure deadline: Seotember 30. 200 I
Report deadline: No later than 90 days after Project completion.
Address
Grantee:
City, state, zip
Phone, fax, email
2.
3.
4.
5.
6.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 30 day of N~v. ,2000.
CITY OF MIAMI BEACH
JlPL..... "-
ATTEST:
_~t p~
Robert Parcher, City Clerk
GRANfEEll'IiQYYli c.hildr01'~ /It1uS~~M
Print Name of Organization
Federa1ID# 69- Q.. 3<1 bCl99
BY:~\c.h9. rd C.o~ I~ Y)
Printed Name of Chainnan or President
fiM4 (tufA
Signature
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
~~~
i omey
/D~Y-@
j DaIa
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Article III General conditions
]. 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. ]. 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. If amendments to the itemized Line Item Budget are
absolutely necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing
and justifying the changes. All Grant recipients must participate in Miami Beach Second Thursdays (see Article
III-I 9).
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 Cuhural 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 200012001 are defined 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-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.
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 2001 to receive the second 50% of
their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 2001.
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 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. Prol!ra111 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. Accountim! 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) YellTS after the Expenditure Deadline specified in Article 1-5.
These books, records, and documents may he examined by the Director of the Council or 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 fmancial records ofthe Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the CIty (Jf Miami Beach Cultlll'fll Arts C(JlIIICillog(J and
the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may
preclude future grant funding from the City in the sl!ffie manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
9. Liability and Indemnification: The Grantee shall indemnity and hold hannless the City and its officers,
employees, agents and instmments 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 01: 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 indemnity, keep and save
harmless and defmed 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 ofthat 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 ofthe Grantee entity.
10. AssilmlTlent: The Grantee is not pennitted 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, below.
II. 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 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, and Chapter 2, Article VII ofthe 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 ofthe
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 teon 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 ofthe 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 lIS 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 (I) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the
Director ofthe 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 available
to it under the law.
13. Indub!ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn any provision ofthis 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 I-I of this Agreement,
and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach
Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this Al!1'eeIl1ent: Captions, as used in this Agreement, are for convenience of reference only
and should not be deemed or constroed as in any way limiting or extending the language or provisions to which such
captions may refer.
16. Contract RCIlresents 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.
Artide III/ 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 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 of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City ofMiaml 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.
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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 "Miami Beach Second Thursdays" (Second Thursdays), a cultural
open house on the second Thursday of every month. Free arts events will be held at muhiple 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.
Exhibit llRevised Project Description
Organization: Miami Children's Museum
Project Title: Film Festival Workshops and
Festival
Completely describe Project approved by the Grants Panel and in 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 Miami Beach Second
Thursdays. Miami Beach Anchors should list specifics about their mentoring program.
Exhibit 1 I Revised project description
The 5th Annual Miami Children's Film Festival will be held on May 19, 2001 at Regal Cinemas
on Miami Beach. In order to provide a rich, educational experience for the festival participants,
the Miami Children's Museum and the Florida Film Institute, Inc. will conduct a free Film
Workshop Program, between October 2000 and March 2001. The program will teach the art,
business and science of filmmaking to attending elementary, middle and high school students
and will be hosted by Regal Cinemas twice a month, from 10:30 am to 12:30 pm. Each
workshop will provide an in-depth look at the following topics: script writing, location shooting,
documentaries, cinematography, screen acting, lighting, directing, editing, sound, wardrobe,
makeup and marketing. Students are encouraged to produce their own movie, and submit it to
the Miami Children's Film Festival. The program provides positive, professional role models
and an increased understanding of the technical and creative process of filmmaking through
visual language, production techniques, and the different positions available in the South Florida
film industry.
Workshop participants will be competing against students from Miami Beach and throughout
Miami Dade County at the 5th annual Miami Children's Film Festival developed in collaboration
with the Miami Children's Museum. As a chapter of the National Children's Film Festival, the
Miami Children's Museum has hosted the Miami Children's Film Festival since 1996. The
festival is a showcase of movies made solely by children in our community. Film topics have
inCluded: anti drug messages, alienation, love stories, film adaptations of classic literature,
musicals, documentaries and inspirational stories of motivation and self esteem. Movies are
made on various film & video formats. Films submitted must fall into one of the following four
categories, drama, documentary, comedy, and animation. All the films are screened before a
panel of local judges, comprised of distinguished filmmakers, educators, and critics selected
from the South Florida community. Scores are then tabulated in the following areas: originality,
presentation, ability to communicate a message, artistic expression, technical competence, and
overall strength. The festival puts together a montage of all the films submitted into the film
competition. The winners are announced the day of the festival and their films are screened in
their entirety. Films are awarded cash prizes in the following categories, Best picture, story,
actor, actress, original music, videography, and cinematography. Special awards are given to
films which demonstrate outstanding accomplishments. All filmmakers receive a certificate of
participation. Winning entries will go on to compete in the National Children's Film Festival
hosted by Backyard National Children's Film Festival in Los Angeles.
The organization is looking to participate in Miami Beach Second Thursdays, on either March 8
or April 12. The winners of the 4th Miami Children's Film Festival will be screened at Regal
Cinema.
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Exhibit 2: Revised Project Budget I A. Total Project Budget
Name of organization: ~ Project Title: Film Festi\lClI ~ Wo r K..c;:ncps
Date(s) of Project: 6clCl"er ;2000 - M~'1.:2001
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 .;2'\00
Personnel - technical 11000
Personnel - administration .:lOCO
Outside artistic fees/services 300
Outside other fees/services
MarketinglPublicity "00
Space rental 1500 500C
Travel 1'7-5
Utilities
Equipment rental .;)":JOO
Office supplies
Insurance/Security 500
Other Costs: (Itemize below)
ge~~C:{?(\1i~ ~OO
20z.5 HOC
~en' IS loZ8
\=>rc-.dudiQr\ I f:r:1 ,..,.. 500
.
=- ~ao
2000
Total cash expenses 22 ,52 e
Total in-kind expenses 5800
Total project expenses 28.328
(cash + in-kind)
REVENUES
cash in-kind
Admissions
Contracted services
Tuitions
Corporate support 10,000 5iOO
Foundation support
Individual support
Government grants 5028
Federal
State
Other contributions (Itemiu below)
Grant award 7500
Total cash revenues 22,52 B
Total in-kind revenues 5. li" O~
Total project revenues Z li' ,32 go
(cash + in-kind)
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Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization: t110mi Cbilclrou ~Project Title:
Date(s) of Project: October 2000 - fv1o.Y200 I
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Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grallt EXJleIlSeS
Personnel- artistic
J;1oo
Pr
Or
-
3cO
Personnel- technical
1,(000
py
.
~
(/)
,
Personnel- administrative
Space rental
Travel (local only)
MarketinglPublicity
Outside artistic fees
Outside other fees
Other costs
(ltmrlze below)
EQUiPI'Yl-en+ 1100
~ -!:jC>O
l1.o..te.n'als 100
TOTAL -::JPOO rs-SO ~
Grant requirements:
Grant monies _t be spmt within budget categories agreed upon in contract
All publications associated with Miami Beach Cultural Arts Council grant support must include the City
ofMiarni Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant fonds may not be used for:
Remuneration of City employees fur 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 fur 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
Fuodraising events
Hospitality events
Events not open to the public