National Foundation Adv. Arts
City of Miami Beach Cultural Arts Council
2000/2001 Cultural Arts Grant Agreement
,
This Grant Agreement is entered into this --6- day of i)~~tI. 2000 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City). and
National Foundation for Advancement in the Arts (Grnntee).
Article I / Grant description
I.
Grnntee:
Address
City, state, zip
Phone, fax, email
National Foundation for Advancement in the Arts
800 Brickell Avenue, Suite 500
Miami, FL 33131
305-377-1140. 305-177-1149. nfRR~nfaa.org
2. Grant amount: $12,000 50% paid upan execution of this Agreement.
Remaining 50% paid upon completion of Project. submission and approval of final report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibit II, A and B attached hereto
5. Expenditure deadline: Seotember 30. 200 I
6. Report deadline: No later than 90 days after Project completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this L day of ~ 2000.
CITY OF MIAMI BEACH
~A
Neisen Kasdin, Mayor
G~~ational Foundation for Advancement
Print Name of Organization in the Arts
Federal ID# 59-2141837
Robert Parcher, City Clerk
BY: Dr. William H. Banchs
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'Signa / .
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BY: Marisa Galitz
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BY: - Gena Kuczwanski
~e of Executive Director -
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Signature
Article II I General conditions
I. 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. Project Descriotion: The Grantee may only use the Grant for the pwposes 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 percent (I 0%) 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 necesswy the Grantee must fonnally request authorization via a letter to the Director of the Council detailing
and justifYing the changes. AD Grant recipients must participate in Miflmi Beach Second Thursdays (see Article
ID-19).
The following City of Miami Beach <<AnchOlS" 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 Cultural 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 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. 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 oflhe award.
5. ProlUam 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 ofindividuals 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. Furthennore, the Director of the Council may, at the
City's expense, audit or have audited, upon reasonable notice, all 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 ofMlamJ Be4c1r CultrmzlArts Council logo 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 ~e manner as if Grantee defaulted under this Agreement, pursuant
to Article II - 12, below.
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 instnnnentaIities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out ot; 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 injmy 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 govenunent entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all
personal injmy or property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the Grantee entity.
10. Assil!l1lDent: 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 II-12, below.
II. 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
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 of the 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 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 term 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 ofthe 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. Indull!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 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.
IS. Caotions Used in this Agreement: 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 Agreement: 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
COIrUl1ission.
Article m I Miscellaneous provisions
17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee
is perfonning 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.
t 8. 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 ofl964 (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 opportWlity
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 multiple 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 IT - 12 herein.
Exhibit 1/ Revised Project description
National Foundation for
Organization: Arhr;::anrpmpnr in 'tnp Art'!=:.
Project title: Fpllowsbips in tb" Visual Arts (FVA)
Completely describe Project approved by the Gmnts 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.
The Miami Beach Cultural Arts Council grant will be used by NFAA to fund the Fellowships in the Visual
Arts (FV A).
More specifically, FV A provides career advancement opportunities for U.S.-based, emerging visual artists
who have completed their formal education through four-month residencies in Miami Beach. NFAA provides
each fellow with an art studio on Lincoln Road and nearby living quarters on Lenox Street, a $1,000 monthly
stipend, and funds for art supplies. The residencies are renewable, and the artists may participate for four
months in each of three consecutive years. Each four-month residency program is open to three artists at a time,
so over a period of twelve months nine artists will spend time in Miami Beach developing their art. FV A is
conducted in connection with the Corcoran Gallery of Art in Washington, D.C. The Corcoran selects the panel
of judges who review examples of each applicant's work, and, during the fellows' third year, installs an exhibit
and produces a catalogue of their work for national distribution to museums, curators, and art galleries.
The FV A fellows participate in Miami Beach/Lincoln Road Mall gallery walks. NFAA also orchestrates
interaction between fellows and local art dealers, galleries, collectors and museums such as the ArtCenter/South
Florida. When the FV A fellows exhibit locally at the ArtCenter/South Florida or at other galleries, NFAA mails
announcements to 2,000 Miami-Dade County individuals and corporations as well as to over 100 media
contacts.
NFAA has successfully secured additional funding which will ensure that this program will continue in its
entirety as originally described.
For Miami Beach Second Thursdays participation, NFAA will present a showcase perlormance of solos by
the twenty national finalists in Dance at the Colony Theater at 7:30 p.m. on Thursday, January 11,2001.
Admission is free and seating is available on a first-come, first-served basis. Additionally, the twenty national
finalists in Visual Arts along with the five finalists in Photography will be exhibited at the Art Center/South
Florida continuously from 1:00 pm through 11:00 pm that same day. These 17 and 18-year old high school
seniors are among 125 national finalists of the ARTS (Arts Recognition and Talent Search) program.
Additionally, throughout the year, the FV A fellows participate in various Second Thursdays along with the
Art Center artists.
Exhibit 2: Revised Project Budget I A. Total Project Budget
National Foundation for
Nameoforganization:Advancemtn in the Ard'rojectTitle: Fellowships in the Visual Arts (FVA)
Date(s) of Project: October 1, 2000 - September 30, 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 REVENUES
cash in-kind cash in-kind
Personnel - artistic Admissions
Personnel. technical Contracted services
Personnel - administration Tuitions
Outside artistic fees/services 16 _ 000 Corporate support 'i,(lJnnn
Outside other fees/services Foundation support 33,000
MarketinglPublicity 3,000 Individual support 20,740
Space rental n?,70n Government grants
Travel 3,600 Federal
Utilities 1,440 State
Equipment rental
Office supplies
Insurance/Security
Other Costs: (Itemize below) Other contributions (Itemize below)
Art- ~l1ppl;PQ QJ()()n
Grant award
12,000
Total cash revenues 115,740
Total in-kind revenues
Total project revenues 115 . 71, Q
(cash + in-kind)
Total cash expenses
Total in-kind expenses
Total project expenses
115,740
115,71,Q
(cash + in-kind)
Exhibit 2: Revised Project Budget I B. Grant Award Budget
National Foundation for
Name oforganization:Advancement in the Art'lloject Title: Fellowships in the Visual Arts (FVA)
Date(s) of Project: October 1, 2000 - Setpember 30, 2001
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant EXDeDSeS
Personnel- artistic
Personnel- technical
Personnel - administrative
Space rental
3,000
Travel (local only)
MarketinglPublicity
Outside artistic fees
9,000
Outside other fees
Other costs
(l'tmlze below)
TOTAL 12,000
Grant requirements:
Grant monies must be spmt within budget call1gories agreed upon in contract
All publications associated 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 funds may not be used fur:
Remunerntion of City employees fur any services rendered as part ofa project receiving a grant from the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (pennanent 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
Fundraising events
Hospitality events
Events not open to the public