Art Center/South Florida
;.;
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
This Grant Agreement is entered into this a ~
Florida, on behalf of the City of Miami
Artcenterlsouth Florida
~ i,.-
day of p." , 2000 between the City of Miami Beach,
Beach Cultural ~ Council (collectively the City), and
( Grantee).
Article I 1 Grant description
Address
City, state, zip
Phone, fax, email
ArtCenter/South Flori
924 Lincoln Road, ite 205
Miami Beach, FL 33139
(305) 674-8278, (305) 674-8772, artcentersf.org
1.
Grantee:
2. Grant amount: $ 33 , 000 50",1, paid upan execution of this Agreement.
Remaining 50% paid upon completion of Project. submission and approval offinal report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibit II, A and B attached hereto
5. Expenditure deadline: September 30. 2001
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 9 t) day of ~'.J , 2000.
aTIOF~~H ~
elsen Kas II, yor
ATTEST:
~d- ?tU&v-
Robert Parcher, City Clerk
G~Artcenterlsouth Florida
Print Name of Organization
Federa1ID# 59-2423867
BY: Kim Kovel
Printed Name of Chairman or President
Signar j::::J
(Grantee's Corporate seal)
SIgnature
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BY: Gary A. Knight
"""'-"'9""""
~a '~
Signature
Au /J1hlj'_ IO~<r--<f?)
~'Dc8
Article n I General conditions
I, Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 ofMillJlli Beach Cuhural Arts Council, or his designee,
wbo shall be referred to herein as the "Director of the Council."
2. Proiect Descriotion: The Grantee may only use the Grant for the purposes that are specifically described in the
Project Description attached hereto as Exhibit No. I. 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 pe=t (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 funnally 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
ill-19).
The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No.1, 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, worldng on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s).
Miami Beach "Anchors" for 2000/2001 are defined as follows:
ArtCenterlSouth Florida
Bass Museum of Art
Concert Association of Florida
Jewish Museum of Florida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FID
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. Reoorts: 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 Pavment 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. Proe.ram Monitorin~ 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 BondinlZ: 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 withdIaw or write checks on Grant
funds.
7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of a1l
receipts and expel1ditures of Grant funds, in confonnance with reasonable accounting standards, These books and
records, as we1l 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) ye;u-s after the Expenditure Deadline specified in Article 1-5.
These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's
offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, a1l the fmancial records of the Grantee, whether or not
purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City ofMiaml BelIch CulturlllAm Councillogo and
the following credit line in all publications related to this Grant: THE OTY OF MIAMI BEACH. Failure to do so may
preclude future grant funding from the City in the 5l1IDe manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below,
9. Liability and Indemnification: The Grantee sha1l indemnifY 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 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 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 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 a1l 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. Assienment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void,
and sha1l be treated as an event of default pursuant to Article ll-12, below.
11. Comoliance with Laws: The Grantee agrees to abide by and be governed by a1l 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 iffu1ly
set forth herein, and Chapter 2, Article vn of the Miami Beach City Code, as amended, which is incorporated herein
by reference as if fully set forth herein.
12. Default!fermination Provisions: In the event the Grantee shall fail to materia1ly 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 tenn 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 ~ved 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 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.
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 available
to it under the law.
I
13. Induh!ence 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
14. Written Notices: Any written notices required Wlder this Agreement will be effective when delivered in pemon
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 COWlcil, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
15. Cantions 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 RllJlI'esetlts 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 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 ill / 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 aIlow 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 folIowing Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Actofl964 (42 D.S.C. 2000<1
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 accoWlt 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 baniers
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.
19; All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cuhural
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 1/ Revised Project description
Organi,."tion: ArtCenterlSouth Florida ProjecttitIe: Community Impact Grant
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 Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program,
Partial support of the following projects:
Community Outreach Programs: In collaboration with other Miami Beach community organizations,
ArtCenter provides education and outreach programming for youth and adults, We offer painting, drawing and
other classes at the Miami Beach Botanical Garden, as well as an innovative new youth program at the Hispanic
Community Center in North Beach, With Miami Beach Cultural Arts Council support last year, we launched an
art education and mentoring program at the Hispanic Community Center, giving at-risk teens and pre-teens the
opportunity to work with professional artists, engage in positive and creative arts activity, and leam about job
opportunities in the arts, To help support our growing community outreach programs, we request $10,000 - half
for program support and half for the additional cost of off-site insurance coverage.
Exhibition Support: ArtCenter exhibitions have been recognized by critics locally and nationally for their
quality and innovation, Art in America magazine featured the Greater Miami art community last year, high-
lighting ArtCenter's "impact on the Miami art scene and its emerging profile," Our year-round exhibit program
provides a free public display of emerging and established local and national artists, in a wide variety of media
and stylistic approaches, ArtCenter exhibitions enable artists to attract audiences and encourage arts involve-
met by community residents of all ages, ArtCenter charges no admission fee, and receives no commissions from
the sale of art works, We request $10,000 to help underwrite the cost of our exhibition program, including our
series of free public arts events such as seminars, lectures, discussions and other cultural presentations,
Juried Artist Support: ArtCenter was founded on the premise that a community of artists could thrive
if provided with affordable studio space in a location easily accessible to public audiences, For 15 years,
ArtCenter has achieved that goal, attracting artists to Lincoln Road with low-cost rents and visitor access, In a
district where rents now exceed $70 per square foot, our rental rates range from $6,50 to $14 per square foot,
depending on the artist's income level. Weare committed to providing affordable studio rental rates for talented
artists, despite continued increases in the cost of maintaining and operating our aging facilities, We believe that
a lively artist community at the heart of Lincoln Road benefits not only the artists, but also the community at
large. We request $6,000 to help us continue providing affordable studios for artists,
Youth Education: ArtCenter provides important arts education programming in partnership with Miami-Dade
Public Schools. All Miami Beach public schools participate in our ArtEdge and ArtAdventures programs, and
every exhibit in our galleries becomes a museum visit for the school system's Museum Education Program. The
quality of our educational programs has been recognized by prestigious grant awards from the Surdna
Foundation and the National Endowment for the Arts, However, ArtAdventures, our major school-based
program, is substantially underfunded, Funding from the school district covers only a fraction of the costs. With
a strong track record, the program continues to grow in scope and quality, In the coming year, more than 1,500
public school students and teachers will take part in tours and hands-on training with our professional artist-
educators, We request $7,000 to help close the gap between the program's actual costs and the funds provided
by M-DCPS, enabling us to continue providing high-quality arts education for Miami Beach children,
ArtCenter participation in Second Thursdays:
October 12, 2000
November 9, 2000
Art Studios Open! Artists Present
Exhibition: Ob-la-di, Ob-la-da; Art Studios Open/Artists Present
December 14, 2000
January 11, 2001
Art Studios Open! Artists Present
Exhibition: Revealing Conditions - A Dialogue of Three Generations;
Art Studios Open! Artists Present
Exhibition: Video/Sound Installation - Renee Butler: Art Studios
Open! Artists Present
Exhibition: Subdivisions: Art Studios Open! Artists Present
Exhibition: Fluid Inceptions; Art Studios Open/Artists Present
Exhibition: New Juried Artists: Art Studios Open! Artists Present
Exhibition TBN; Art Studios Open!Artists Present
Exhibition TBN; Art Studios Open! Artists Present
Exhibition TBN; Art Studios Open/Artists Present
Exhibition TBN; Art Studios Open/Artists Present
February 8, 2001
March 8, 2001
April12,2001
May 10,2001
June 14,2001
July 12,2001
August 9, 2001
September 13, 2001
m. Mentoring Program
ArtCenter's mentoring program is with the Hispanic Community Center. This year our program will also
involve participation with First Night Miami Beach, A series of family sculptures will be created that
reflect the youth in the North Beach community, both their lives here and in their native countries, The
artwork will be displayed as part of Miami Beach Second Thursdays in December 2000 and at First Night
Miami Beach,
As of November 3, 2000, this project has been delayed because of the lack of staff response at HBHCC
and of improper space to create and store the artwork in the Youth Club House located at North Shore
Activity Center, 7251 Collins Avenue,
Exhibit 2: Revised Project Budget I A. Total Project Budget
Nameoforganization: ArtCenter/South Flor:llilajectTitle: Community Impact Grant
Dm~s)ofProject: 10/01/00 - 09/30/01
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 135,880 0
Personnel - technical 92,630 0
Personnel- administration 205,820 0
Outside artistic fees/services 188,700 0
Outside other fees/services 88,639 6,000
MarketinglPublicity 131,326 0
Space rental 78,000 0
Travel 7,130 2,900
Utilities 71,892 0
Equipment rental 15,852 0
Office supplies 42,720 0
Insurance/Security 41,097 0
Other Costs: (Itemize below)
Fri~0Q & ~QRQfit~ 86,271 0
TglgphQRQ 7,500 0
Bldq Stipp & Maint 40,066 0
Rank FP.eR 6,599 0
other Exp 64,733 4,000
Total cash expenses 1,304,855
Total in-kind expenses 12,900
Total project expenses 1,317,755
(cash + in-ldDd)
REVENUES
cash in-kind
Admissions 0 0
Contracted services 235,188 0
Tuitions 181,720 0
Corporate support 1 50,000 0
Foundation support 100 ,000 0
Individual support 97,000 0
Goverrunent grants 174.042 0
Federal 125,000 0
State 34,287 0
Other contributions
A'lM/Rental Ine
Investment Ine
other Ine
(Itemize below)
95,730 0
68,860 0
10,028 12,900
Grant award
33,000
Total cash revenues 1,304,855
Total in-kind revenues 1 2 , 900
Total project revenues 1 ,317,755
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
Name of organization: ArtCenter / South Florilbject Title: Communi t y Impact Grant
~s)ofProject: 10/01/00 - 09/30/01
Directions: Identify and itemize cash expenses to be paid from Gnmt funds.
Grant awards may only be spent within budget categories declared below,
GraDt Exoenses
Personnel- artistic
Personnel - administrative
5.200
o
o
Personnel- technical
o
Space rental
o
Travel (local only)
MarketinglPublicity
5.000
o
Outside artistic fees
14 4nn
.
Outside other fees
Other costs
(Itemize below)
4,800
Insurance
Scholarships
1,800
Juried Artist SUpp. ,1,800
TOTAL 33,000
Grant requirements:
Grant monies must be spmt within budget categories agreed upon in contract
All publications associBled with Miami Beach Cultural Arts Council grant support must include the City
of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach"
Grant fuDds 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 equipmenl (pennanent eqnipment 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 ttanspor1ation
Fundraising events
Hospllality events
Events not open to the public