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L. Wolfson II Media History Cen , , , City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement. This Grant Agreement is entered into this 1. f> day of ~~ Florida, on behalf of the City of Miami Beach Cultural ... \.()\)\~ ".t...\n\~~-n.Mtn\(.~.,..l(~ , 2000 between the City of Miami Beach, Arts Council (collectively the City), and (Grantee). 1. Artiele I / Grant description Louis Wolfson II Media History Center 101 West Fl~g1er Street "'Miami. Florida 33130 (305) 375-4527 fax (305) 375-4436 email: stevenldavidson@ao1.cOII Grantee: Address City. state, zip Phone, fax, email 2. Grant amount: 14,000 50% paid upon execution ofthi8Agreement. Remaining 50",,6 paid upon completion of Project , submission and approval offinal report. 3. Project description: See Exlullit I, attached hereto 4. Itemized budget: See Exhibit IT, A and B attached hereto 5. Expenditure deadline: September 30. 2001 6. Report deadline: No 1ater than !HI days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this JUday of \JCI~ ,2000. CITY OF MIAMI BEACH 1Il__ ATTEST: ~p~ Robert Parc:ber, City Clerk GRANTEE/Louis Wolfson II Media History Center Print Name of Organization Federal ID # 59-2666628 BY: Dr. Paul George Jf'~~~- S' re !j (Grantee's Corporate seal) BY: Dr. Margaret Pelton Printed Name Of~scaJ Officer /1~ P . APPROVED AS TO FORM & LANGUAGE & FOREXECunON BY: Steven Davidson Pri~~or ~gnature ~ jDJ.-if/J Article II / General conditions I. ~: 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 Counci~ or his designee, who shall be referred to herein as the "Director of the Council.. 2. Proiect DescriDtion: The Grantee may only use the Grant for the purposes that are specific;ally desaibed in the Project Desaiption 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 percent (lO%) 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 funnaJly request authorization via a letter to the Director-ofthe Council detailing and justifying the changes. All Grant recipients must participate in Miallfi Beach Second Thursdllys (see Article m.19). The following City of Miami Beach "Anchors" are required to provide specific information 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 Cultural 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 2000flOOI 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 information 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 SO% of their Grant award, with final reports due at the completion of the City's fisc;al year on September 30, 200 I. 4. Amount ofGrant and P~t 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 tota1 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. S. Prol!l'anl Monitorinl! 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 Bondinl!: 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 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 financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City o/MIami &aelr CultIUYll Arts Corutdllogo 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!ffill manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liabilitv and Indemnification: The Grantee shall indemnify and hold hannless the City and its officers, employees, agmts and instnunents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instnJmentalities may incur as a resuh 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, judgmmts, 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 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 aetion which may arise as a result of the negligence of the Grantee entity. 10. Assil!Mlent: 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, below. 11. Comoliance 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 Confliet 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 of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Detaultffennination Provisions: In the event the Grantee shall fail to materially confonn 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 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 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 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. 13. Indul2tnce Will Not be Waiver ofBreacIt: 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 breaclt 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 persoo or upon the receipt ofa 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 A!!J'eement: 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 Reoresents Total A2reement: This cootract, including its special conditions and exhibits, represents the whole and total agIeement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its tenos. 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 / 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. 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 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. , '. 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 cuhuraI open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon 8l:Ceptance 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 bread! of this Agreement, as provided in Article n - 12 herein. Exhibit 11 Revised Project description Organization: Louis Wolfson II Media HistoryProject title: M; >1m; RPach: On Screen & On the Road Center 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 organizatioo's participation in M/llmi Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. The Louis Wolfson II Media History Center will present "Miami Beach: On Screen and on the Road" a multi-faceted project which explores the culture, history and evolution of Miami Beach as documented on film and video. Presented over the course of the grant period the project encompasses multiple film/video bus tours, screenings and seminars at venues around Miami Beach. Building upon last years successful project, "Miami Beach: On Screen and on the Road" will feature rare and recently preserved film and video of Miami Beach, drawn from the Wolfson Center's extensive archive and dating from 1915 and spanning over 8 decades. These images, ranging from home movies to travelogues to television news and more contemporary productions, provide the opportunity to witness how Miami Beach grew from mangrove swamps to the world class city it is today. Preliminary trial runs of the tour have already been hailed as one of the most unique cultural projects by the American Film Institute. With Miami Beach as the focus, these tours will be a boon for cultural tourism allowing the public and tourists alike a chance to learn about our regions history and culture. Each tour will take approximately 90 minutes and tour guides (who will also participate in seminars) include historians, archivists, subject experts and long time Miami Beach residents including Wolfson Center director Steven Davidson, noted Florida historian Dr. Paul George and others. On board the bus, passengers will see how Miami Beach has changed over the decades as they travel from South Beach to North Beach. From buildings long since gone - but existing now only on film - such as Hardie's Casino, the 5th Street Gym, Carl Fisher's residence on Lincoln Road, the Senator Hotel and The New Yorker; to the history of neighborhood preservation efforts such as the Art Deco District. We will also witness how buildings have changed - The Nautilus Hotel becomes Mt. Sinai Hospital in 1949, a synagogue on Washington Avenue becomes a restaurant; Polo was actually played at Polo Park, current location of Nautilus Middle School. The tour will also pass locations of important events or where notable people lived, so for example as the bus passes the Miami Beach Convention Center the video on screen will be the 1968 and 1972 Democratic and Republican Conventions; along Ocean Drive the video will show Barbara Capitman and her efforts to secure the fate of the Art Deco District. Current events in the news. such as Elian Gonzalez story will also be part of the tour as the bus passes Pine Tree Drive and the home of Sister Jean. The other components of this project are the screenings and seminars which will feature in depth screenings which range from the earliest home movies of Miami Beach circa 1915 to 1940s - 1950s travelogues, to television coverage through the decades. Screenings and seminars will be presented at a variety of venues including the Miami Beach Public Library, The Wolfsonian-FIU and the Miami-Design Preservation League. Wolfson Center activities will also be presented in conjunction with other activities, such as Art Deco Weekend and First Night, making possible even broader audiences. The Wolfson Center will also be a major participant in Miami Beach Second Thursdays, providing film and video images at a variety of venues including the Colony Theater and the Wolfsonian-FIU as well as providing "mini" film and video shuttle bus transportation on many of the Second Thursdays. Our participation at the Colony Theater will be on at least 4 occasions and at least 3 other Second Thursdays for the film/video bus tours. Other materials will be on view for residents of the City of Miami Beach on the cities public access television outlet, channel 20. Home movies, tourism films and other Miami Beach related materials can be seen at least 3 times a day, making this project among the most broad based and accessible for all. In addition the Center will explore other possible activities for students and educators through Dade County Public Schools. Having various .screening times and locatio~ will ensure opportu.n~~es fo! all Miami Beach citizens to attend the activities over the course of the project. Most of the actiVIties will be free and opened to the public others will have a modest admission charge depending on the venue. All events will be widely publicized in print, radio and tel~vision and wi~l.appea1 to.resi~~nts and tourists alike and will be of interest to all age groups from chIldren and famIlIes to semor CItIZens. .1, Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: Louis Wolfson II Project Title: Miami Beach: On Screen & On the Road Media History Center Date(s)ofProject: OdnhPr 1, ?OOO - .JlIly :n,2001 Attach a <XlJlY of the tota1 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 Personnel- artistic Personnel - tecbnical Personnel- administration Outside artistic fees/services Outside other fees/services MarketinglPub1iclty Space rental Travel Utilities Equipment rental Office supplies Insll1'lUlCelSecurity Other Costs: ~l~ R,:::r.nt$:tll film/video pres. Total cash expenses Total In-kind expenses Total project expenses REVENUES cash In-kind cash In.Jdnd 4,000 Admissions 1 , O()() 4.000 4.000 Contracted services 3.000 li.OOO 2.000 Tuitions Corporate support 4,000 1.000 Foundation support 7,000 ';()() Individual support ?,OOO 1.000 ';()() Government grants J,OOO Federal State 1,000 'i()() 1 I ()()() (Itemiu below) 3,()()(l 4, ';()() Other contributions (Itemiu below) l;l"iPn~p. fiPl3Q. ?,OOO Grant award 14,000 ? \ 000 9.000 32.000 (cash + In-kind) Total cash revenues TotaIln-tdnd revenues Total project revenues 23,000 9,000 32,000 (cash + In-ldnd) Exhibit 2: Revised Project Budget I B. Grant Award Budget Name of organization: Louis Wolfson II Project Title: Miami Beach: On Screen & On the Road Media History Center Date(s)ofProject: October 1. 2000 - July 31, 2001 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grallt EDIeJIlIeS Petsonnel- artistic 2,000 Personnel- teclmieaI. 2 ,000 Personnel- administrative 3,000 Space rental 500 Travel (local only) MarketinglPublicity Outside artistic fees Outside other fees Other costs (ltemke below) Bus rental 3,000 Film/video pres, 3,500 TOTAL 14,000 Grant requirements: Grant monies IIIIISI be JIfJMI within budget l'alegories agreed upon in contract All publlcatious associated with Miami Beach CUIlural Arts Cwncil grant support must include the at)' of Miami Beach CUIIuraI Arts Council's logo and the following byline "City of Miami Beach n Gnnt funds ..y not be uecllor: Rem\Ulel'lllloD ofat)'employees 10r any services rendered IS part of. project nceimg.grant fi'om the City of Miami Beach Cu!turaI Arts Counctl "Bricks and mOI1at" 01' permanent equipment (pennanalt 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-COUII1y trawl or lraDSportation l'iiodraising events Hosphality events Events not open to the public