Cultural Affairs Grant Agreement / Florida International University - Wolfsonian _ _ _ c201y- a1760
1915•2015
MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2014/15 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 30th day of September, 2014, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Florida International University-Wolfsonian
Grant Contact: Cathy Byrd
Address: 11200 SW 8 Street MARC 430
City, State, Zip: Miami, FL 33199
Phone, fax, e-mail : 305-535-2649, (305) 531-2133 cathybyrd @thewolf.fiu.edu
2. Grant amount: $31,853.50 50% 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•Award Budget, attached
hereto
5. Contract execution deadline: November 15, 2014 .
6. Expenditure deadline: September 30, 2015 '
7. Project completion date: September 30, 2015.
8. - Final Report deadline: Must be postmarked or delivered no
latcrt an 45;days after Project completion date.
IN WITNESS R •.. .•e parties hereto,haye execute7f`t�ijs;Agreement this 3 day of j.s r7 ,2015.
y
Philip L-Vine, ,•.yo 4. INCORP ORATED 'J�
p s i!i✓,, .."<o i t
Attes..i ,'MJ , ,- ..-7 0 '�C ',"�r.�„'\':PiSignature� de-1'
Ra r I jado, ity Clerk /'
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
(Gran z s Corporate Seal Here)
The foregoing instrument was acknowledged before me
this 13th day of May 2015, by Aida Reus, Director of Post-
Award of The Florida International University Board of
Trustees, a not-for-profit corporation. He/She is personally
known to me or has produced
Florid-Al iver's License as identification.
GRANTEE: ►r Federal ID#:65-0177616 ,jI /
Signature of otary Public
BY:Aida Reus, Director, Post-Award
<_Printed Name of Organization's Authorized Representative
(City Attorney Approval Here) Nota ry Name: / i ii-eibi/k---,
APPROVED AS TO Notary Public, State of Florida
FORM & LANGUAGE
& FOR EXECUTION My Commission Expire
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6,J__ 4: ,1 Commission#EE 858164
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',aP Bonded Nu Troy Fain Insurance 800-385.7019
City Attorney W., Date
Article II / 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 Manager or his authorized designee,who shall be the City's
Cultural Affairs Program Manager. .
2. Project 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.A mandatory
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dollar for dollar($1 to$1) match is applicable to all Grant programs. Grant applicants must demonstrate this
match through cash,other matching grants and/or In-Kind contributions, not in excess of 25%of the total cash
Project Budget. Line item changes to said Budget shall not exceed ten percent(10%)per category,and shall,in
no event,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 City.
Said requests shall be made in advance of the project's commencement, 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 City with a written Final Report documenting that the Grantee has fulfilled all
requirements. This report must be received by the City within 45 days of the Project's completion date.
Grantees completing their Project by the end of the Fiscal Year,or September 30,2015,must submit their final
reports no later than November 15, 2015. New Grant awards will not be released until all Final Reports for
previous years'funding are received.
4. Amount of Grant and Payment Schedule:The total amount of the Grant is specified in Article I-2(subject
to the restrictions therein). In awarding this Grant,the City assumes no obligation to provide financial support of
any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The City may monitor and conduct an evaluation of the Project
under this Grant, which may include, with or without limitation, visits by City representatives to observe the
Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with
Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural
Arts Council to obtain specific feedback from program participants.
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 City with the identity and title of individuals authorized to withdraw or write checks on Grant funds.
7.Accounting and Financial Review: Funded activities must take place within the City's fiscal year for which
they are approved (October 1 - September 30).The Grantee shall 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, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be
dated within the fiscal year for which they are approved and 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 1-6. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
8. Publicity and Credits: Throughout Fiscal Year 2014/15, the Grantee must include the City of
Miami Beach Centennial logo and the following credit line in all publications(where appropriate)related to this
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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.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees,agents and contractors,from any and all liability, losses or damages, including attorneys'fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 of this Agreement by the Grantee or its officers,employees,agents,servants,
partners, principals or contractors. 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 its obligation, as set forth herein, to indemnify, hold harmless and
defend the City or its officers, employees, agents and contractors 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,and subject to the provisions of that Statute,pursuant to which the
Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one
person which exceeds the sum of$200,000,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$300,000 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.Assignment: The Grantee shall not be 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 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. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement (Default), the City 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 a Default, at the City's sole
discretion,the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has
been received by the Grantee, as of the date that the written demand is received (Demand for Recapture).
In the event of a Default, the following provisions will also apply:
a. For first-time violations—Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received up to the date of termination and/or the Demand for
Recapture.
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 grants in future fiscal years.
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the City, on a case-by-case basis. As part of the City's consideration, the City 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 1-6 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
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in writing from the City 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
delivering to the City a certified check for the total amount due, payable to the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence 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 the breach or 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-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager,
City of Miami Beach Dept.of Tourism and Cultural Development, 1700 Convention Center Drive,Miami Beach,
Florida 33139-1819.
15. Captions 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 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/or services recommended for
support.As such, use of Grant 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 Human Rights Ordinance as
codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion,sex,intersexuality,gender identity,sexual orientation,disability, marital status,financial 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.
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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.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 / Revised Project Description
Organization: Florida International University -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.
Project description as approved by Grants Panel:
Major Exhibitions
I Have Seen the Future: Norman Bel Geddes Designs America
Jun 27 -Oct 12, 2014, 6th floor
Myth and Machine: The First World War in Visual Culture
Nov 21, 2014- May 24, 2015, 6th and 7th floor
Art and Design in the Modern Age:Selections from The Wolfsonian Collection
Ongoing, 5th floor
Public and Educational Programs
Will present lectures and films to complement I Have Seen the Future, Myth and Machine, and library
exhibitions, as well as free thematic weekly tours, book talks, performances in collaboration with.FIU's School of
Music, monthly book club meetings, eight Discovering Design family days, and multiple K-12 tours.
Project 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.
Additional Exhibitions
Pose and Propaganda:Political Posters from the Contemporary Middle East&Afghanistan
November 14 2014 -June 28 2015, 5th floor
Boom, Bust, Boom:Downtown Miami Architecture, 1920s-1930s
November 21 2014 -June 21 2015, 5th floor
At Ease: Miami Beach During the Second World War
March 19-June 7, 2015, library vestibule
Women, Art, and Social Change: The Newcomb Pottery Enterprise
June 5-August 30, 2015, 6th floor
Miami Beach Deco Development
June 18-September 13, 2015, library vestibule
Miami Beach:From Mangroves to Tourist Mecca
September 17, 2015-January 17, 2016, library vestibule
FY2015 Exhibitions and Programs Rescheduled for FY2016
Rumba Land: Vintage Havana on Camera (working title) was scheduled for May-Sep 2015. Now titled Paradise
• Found: Cuban Allure,American Seduction, the exhibition is scheduled for May 6-August 21, 2016.
Power of Design 2015 Rescheduled for 2016
The Wolfsonian's new 3-day ideas festival will be realized in 2016.
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Exhibit-2-A:,Project Budget/ Revised Total:Project Budget • .
Name of organization: Florida International University -Wolfsonian
Date(s) of Project: October 1, 2014— September 30, 2015
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 463,131 Admissions 78,000
Personnel-technical Contracted services
Personnel-administration 3,490,630 Tuitions/Membership 60,000
Outside artistic fees/services Corporate support 75,000.
Outside other fees/services 597,240 Foundation support 634,260
Marketing/Publicity/Post/Web 401,630 Individual support 726,394
Space rental Government grants 286,536
Utilities/Facilities 110,408 Federal 0
Equipment rental 20,200 State 150,000
Supplies/Materials 118,325
Other Costs: (Itemize below) Other Contributions (Itemize below)
Exhib/Acquis/Mem/Fees 300,919
Travel and Recruitment 146,554 Rentals
Insurance 48,100 Other private support 1,746,700
Fundraising/Dev 74,268 Shop sales 164,536
Merchandise 82,268 FIU - 1,906,676
City of Miami Beach Grant Award 31,853.50
Total cash expenses 5,853,673 Total cash revenues 5,859,955
Total in-kind expenses 6,282 Total in-kind revenues 6,282
Total project expenses 5,859,955 Total project revenues 5,866,237
CASH & IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: Florida International University -Wolfsonian
Date(s) of Project: October 1, 2014—September 30, 2015
Grant Award: $31,853.50
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.
(Cultural Anchors excluded from these restrictions.)
Grant Expenses
Personnel — artistic Equipment Rental
Personnel —technical Space rental (Performance
Related Only)
Outside artistic fees
•
Marketing/Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage Security $31,853.50
TOTAL (must equal grant award): $31,853.50
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
• 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
Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• Administrative salaries or fees (Cultural Anchors excluded from this restriction)
• "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
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• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• Insurance Fees (Cultural Anchors excluded from this restriction)
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government and has been previously approved as such by the Cultural Affairs Program Manager
Required supporting materials for final reports submitted within 45 days upon completion of grant
project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET(i.e. -all artists payments, separate from
advertising payments). Invoices AND checks must be dated within the 2014-15 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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