CITY HA LL CITY OF 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 PHONE (561) 393- 7700 (FOR HEARING IMPAIRED) TDD (561) 367-7043 Boca Raton www.myboca.us

October 5, 2018

TO: Mayor and City Council

FROM: Leif J. Ahnell, C.P.A., C.G City Manager

SUBJECT: Agreement with , Inc.

RECOMMENDATION: I recommend adoption of the attached resolution authorizing the Mayor and City Clerk to execute an agreement with the Boca Raton Museum of Art, Inc. to provide funding assistance for cultural and educational programs in fiscal year 2018-2019, as delineated in Exhibit A of the agreement.

BACKGROUND: The agreement provides for a grant award of $100,000 in funding assistance for a full year of world-class exhibitions and dynamic and inclusive programs that will attract both residents and visitors to the Museum in downtown Boca Raton. The exhibitions will be enhanced by an array of cultural and educational programs. The Museum will also present two special events including the 33rd Annual Art Festival, one of the nation's top juried art festivals.

FISCAL IMPACT: The fiscal impact is $100,000 funded from account # 001-7801-519-8202.

Document prepared by: Susan S. Saxton, CMCJ..,LL-­ City Clerk r .

STAY CONNECTED 11 Cl @

- AN EQUAL OPPORTUNITY EMPLOYER - -=-====------==- RESOLUTION

152-2018 1

2 A RESOLUTION OF THE CITY OF BOCA RATON

3 AUTHORIZING THE MAYOR AND CITY CLERK TO

4 EXECUTE AN AGREEMENT WITH THE BOCA RATON

5 MUSEUM OF ART, INC. FOR THE PURPOSE OF

6 PROVIDING FUNDING ASSISTANCE FOR THE

7 MAINTENANCE AND DEVELOPMENT OF CULTURAL AND

8 EDUCATIONAL PROGRAMS AT THE MUSEUM;

9 PROVIDING FOR SEVERABILITY; PROVIDING FOR

10 REPEALER; PROVIDING AN EFFECTIVE DATE

11

12 WHEREAS, the City of Boca Raton desires to enter into an agreement with the Boca

13 Raton Museum of Art, Inc. ("Museum") for the purpose of providing funding assistance for the

14 maintenance and development of cultural and educational programs at the Museum; and

15 WHEREAS, such agreement has been prepared and a copy thereof is attached

16 hereto; now therefore

17

18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA

19 RATON:

1 1 Section 1. That the Mayor and City Clerk be authorized to execute the agreement

2 with the Boca Raton Museum of Art, Inc., a copy of which is attached hereto, together with such

3 nonmaterial changes as may be acceptable to the City Manager.

4 Section 2. That expenditure in an amount not to exceed $100,000.00 is hereby

5 authorized, subject to authorization of additional expenditures pursuant to the Procurement

6 Code of the City of Boca Raton.

7 Section 3. If any section, subsection, clause or provision of this resolution is held

8 invalid, the remainder shall not be affected by such invalidity.

9 Section 4. All resolutions or parts of resolutions in conflict herewith shall be and

1O hereby are repealed.

11 Section 5. This resolution shall take effect 10 days after adoption.

12 PASSED AND ADOPTED by the City Council of the City of Boca Raton this __

13 dayof ______,2018.

14

15 CITY OF BOCA RATON, FLORIDA 16 17 ATTEST: 18 19 20 Scott Singer, Mayor 21 22 Susan S. Saxton, City Clerk 23 24 25 26 27 28 COUNCIL VOTE YES NO ABSTAINED MAYOR SCOTT SINGER DEPUTY MAYOR JEREMY RODGERS COUNCIL MEMBER MONICA MAYOTTE COUNCIL MEMBER ANDREA LEVINE O'ROURKE COUNCIL MEMBER ANDY THOMSON 29 30

2 AGREEMENT

Between

THE CITY OF BOCA RATON

and

BOCA RATON MUSEUM OF ART, INC.

THIS AGREEMENT is entered into this __ day of ______, 2018, by and between the CITY OF BOCA RATON (the "City") a Florida body corporate and politic, and the BOCA RATON MUSEUM OF ART, INC. (the "Museum"), a Florida not for profit corporation doing business at 501 Plaza Real, Boca Raton, FL 33432.

RECITALS

WHEREAS, the City is desirous of encouraging activities that contribute to redevelopment within the Boca Raton Community Redevelopment Area and foster appreciation of the visual arts; and

WHEREAS, after receiving and reviewing a proposal from the Museum, the City Council has found and determined that it would be beneficial to the community and a proper public purpose under Chapter 163, Part Ill, Florida Statutes, to support the Museum's continued operation through a grant of funds upon the terms and conditions hereinafter described and, accordingly, included funding in the FY 2018-2019 budget approved by Ordinance No. 5468 adopted September 24, 2018;

NOW THEREFORE, for the mutual considerations described herein and other good and valuable consideration, the parties agree as follows:

1. GRANT AMOUNT

Subject to the terms and conditions herein, the City agrees to pay the Museum the grant amount of one hundred thousand dollars ($100,000.00) ("Grant Funds"), for the purpose of providing funding for the maintenance and development of cultural and educational programs at the Museum.

2. TERMS OF FUNDING

2.1 City agrees to provide to the Museum the above Grant Funds following the authorization of the execution of this Agreement by City Council.

2.2 The Museum hereby affirms its understanding that the Grant Funds are being provided to accomplish a concrete public purpose, and the Museum hereby commits and warrants that it will accomplish such public purpose through the use of the Grant Funds. 2.3 The Museum has determined programs it plans for the Museum to be supported by the Grant Funds and agrees that Grant Funds shall be used for expenses related to production, marketing and staffing for programs listed on Exhibit A, which is attached hereto and made a part hereof.

2.4 The Museum agrees to provide an accounting to the City of Boca Raton no later than August 31, 2019 to demonstrate that the Grant Funds were used appropriately and to accomplish a public purpose, and consistent with the terms of the Agreement. The Museum shall submit to the City supporting documentation for Grant Fund expenditures which may include, but is not limited to, detailed invoices, contractor agreements, canceled checks, electronic fund transfer confirmations, payroll records and/ or third-party pay stubs. The Museum shall retain all records relating to such expenditures for a period of no less than five (5) years.

2.5 The Museum agrees that it will repay within sixty (60) days, any of Grant Funds to the City that the City determines, in its sole discretion, were not used to accomplish a public purpose.

2.6 The City's support will be fully credited and acknowledged in all publications of the Museum as follows: "This exhibit/event has been made possible, in part, by a grant from the City of Boca Raton."

2.7 Pursuant to Section 2-1 , City Code of Ordinances, the Museum is hereby authorized to use and employ a reproduction of the City seal in connection with the exhibits/events funded by the Grant Funds.

3. REPRESENTATION

As a material consideration in agreeing to provide the Grant Funds, the City has relied upon the following representations of the Museum:

3.1 The Museum is a Florida not for profit corporation.

3.2 The Museum is not a registered Political Action Committee and does not have any political party affiliations.

3.3 The Museum, or any officer, director or employee of the Museum, has not been convicted of any felony or crime involving dishonesty, fraud, misrepresentation or moral turpitude.

3.4 To the best knowledge of the Museum, there is no action, investigation or proceeding pending against the Museum or any of its officers, director or employees involving dishonesty, fraud, misrepresentation, moral turpitude or like matters, nor is there any factual basis which is likely to give rise to such an action, investigation or proceeding.

3.5 The signatories below have been authorized by the Board of Directors of the Museum to execute this Agreement.

3.6 The Museum will comply with all applicable law and procedures in connection with the expenditure of the Grant Funds.

2 4. BOOKS AND RECORDS

The Museum agrees to make all books and records, including tax records and forms, pertaining to the Museum available to City for inspection, review or audit at all reasonable times upon demand during the term of this Agreement and for five years thereafter.

5. TERM OF AGREEMENT

The effective date of this Agreement is upon execution by both parties and it shall terminate on September 30, 2019. City reserves the right to terminate this Agreement upon twenty-four (24) hours notice to the Museum with or without cause. Any Grant Funds not disbursed by The Museum as of the termination of this Agreement shall be returned to the City within sixty (60) days and shall not be subject to any claim by the Museum. The provisions of Paragraphs 2.3, 2.4, 2.5, 4, and 7 shall survive the termination of this Agreement.

6. DESIGNATED REPRESENTATIVES

The names and addresses of the Designated Representatives of the parties in connection with this Agreement are:

For City: For Museum:

Leif J. Ahnell, C.P.A., C.G.F.O. Jody H. Grass City Manager Chair, Board of Trustees City of Boca Raton Boca Raton Museum of Art, Inc. 201 West Palmetto Park Road 501 Plaza Real Boca Raton, FL 33432 Boca Raton, FL 33432

7. MISCELLANEOUS

7.1 The Museum acknowledges that the City is not affiliated with or responsible for the Museum's activities hereunder or otherwise, and shall indemnify and hold harmless the City, its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Museum and persons employed or utilized by the Museum.

7.2 This Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this Agreement shall be in Palm Beach County, Florida. By entering into this Agreement, the Museum and the City expressly waive any right either party may have to a trial by jury of any civil litigation related to this Agreement.

7.3 This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding.

7.4 This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto.

3 7.5 The Museum may not assign any rights under this Agreement without the prior written consent of the City, which may be withheld in its sole discretion.

7.6 The name and address of the official payee to whom payments hereunder will be made is: Boca Raton Museum of Art, Inc. , 501 Plaza Real, Boca Raton, FL 33432.

IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above, as follows:

ATTEST: City of Boca Raton

Susan S. Saxton Scott Singer City Clerk Mayor

Boca Raton Museum of Art, Inc. (SEAL)

Jody H. Grass Chair, Board of Trustees

I-/

4 EXHIBIT BOCA RATON MUSEUM OF ART A

September 12, 2018

Ms. Susan Saxton City of Boca Raton 201 West Palmetto Park Road Boca Raton, FL 33432

Dear Ms. Saxton,

The Board of Trustees of the Boca Raton Museum of Art is proud to partner with the City of Boca Raton to offer world-class art exhibitions and diverse cultural programs that attract tens of thousands of residents and visitors to our downtown. Your generous grant of $100,000 will provide crucial matching funds for twelve months of unique art programming in our Museum in Mizner Park, the Art School in our historic home on Palmetto Park Road, and the Artists Guild Gallery located at 2910 N. Federal Highway in Boca Raton. The 2018-2019 season will be our most exciting yet, w ith a highly anticipated exhibition organized by the Boca Raton Museum of Art that has been t wo years in the making: Imagining Florida: History and Myth in the Sunshine State November 13, 2018 - March 24, 2019 A major anthology of art made in and inspired by Florida and its people, places, flora, and fauna, Imagining Florida draws upon significant public and privat e collections nationwide, bringing t ogether more than 200 artworks that depict the history and d iversity of our state through the eyes of some of the most celebrated artists of the period. Among the lending institutions are the Metropolitan Museum of Art, Hirshhorn Museum, National Gallery of Art, and Smithsonian American Art Museum, along with works from several private collections and numerous museums, libraries, and historical societies within and out of our state. This stunning exhibition will be accompanied by a fully-illustrated catalogue distributed by University Press of Florida, and enhanced with an outstanding array of educational programs for K-12 schools, students, families, and adults. Programs include lectures, school t ours, panel discussions, musical performances, film screenings, and workshops, and touch on topics such as William Bartram's travels, art of the Seminoles, history, civil rights, and the African American experience in Florida. Imagining Florida promises t o be an exceptional exhibition both aesthetically and historically, as well as an original contribution to the study of American art. The exhibition is struct ured in three parts: Paintings, Prints, Drawings, and Watercolors Among the artists are those who: • Were known as naturalists and explorers: , William Bartram, George Catlin; • Arrived in the era of Henry Flagler and his railroad: , Martin Johnson Heade, , Louis Comfort Tiffany, John Singer Sargent; • Were drawn to Florida for political and military motives: , Philip Pearlstein; • Depicted the African American experience: Charles Prendergast, Jules Andre Smith, Hugh F. McKean; • Portrayed social change in the WPA era: George Snow Hill, Madeline Hewes, Stevan Dohanos; • Were later modernists and realists: Milton Avery, Ralston Crawford, Doris Lee, Sally Michel; • As well as A. E. "Beanie" Backus and Florida Highwaymen, Alfred Hair and Harold Newton.

Louis Comfort Tiffany, Untitled [detail], 1925, Oil on canvas, 13 x 23 in. The Scott Schlesinger Collection.

501 PLAZA REAL, BOCA RATON, FL 33432 It. 561.392.2500 f . 561 .391.6410 I BOCAMUSEUM.ORG Photography • Photographers include well-known masters of the medium: Berenice Abbott, Henri Cartier-Bresson, Dorothea Lange, Walker Evans, Gordon Parks, Marion Post Wolcott, Hans Hannau, Robert Frank, Garry Winogrand; • Regional photographers who left a compelling visual history of the growth and vitality of our state: Gleason Waite Romer, the Burgert Brothers, H.J. Rossiter; • As well as "popular" photographers whose rich visualization and technical skill have been under-recognized: Bruce Mozert, Joseph Janney Steinmetz, Bunny Yeager.

Marion Post Wolcott, Winter Visitors from Nearby Trailer Park, Picnicking Beside Car on Beach, Near Sarasota, Florida, 1941, Gelatin silver print. Acquired 2018. Museum purchase with funding provided by the Isadore and Kelly Friedman Collection Fund.

Material Culture • A focused installation provides a coda to the exhibition by examining the diverse array of Florida's material culture: citrus crate labels, Seminole dolls, and "souvenir" art including shell lamps, carved alligator canes, and jewelry.

Citrus Crate Labels. Collection of Brenda Eubanks Burnet te.

In addition, as a contemporary counterpart, the following exhibitions will also be on view:

Michael Smith: Excuse Me!?!... I'm Looking for the "Fountain of Youth" Over the past 35 years artist Michael Smith has chronicled the life of his alter-ego "Mike," t he quintessential Everyman, in live performances, video, photography, drawings, and installations in museums and festivals around the world. This installation looks at aging from "Mike's" perspective. It includes a tableau with a lonely disco ball documenting all the years of his life since 1951; photographs taken on his trip to the Fountain of Youth Archeological Park in St. Augustine, Florida; and a trip to KidZania where children can step into adult roles.

Michael Smith, Excuse Me!?!.. .l'm Looking for the "Fountain of Youth," 2015. Production still. Courtesy of the artist and Greene Naftali Gallery, New York, NY. Photo c redit: Michael P. Garza.

Daniel Faust: Florida Photos from the 798Os Like the artists featured in Imagining Florida, New York City-based photographer Daniel Faust is an explorer who has found inspiration in the Sunshine State. In the 1980s he made several t rips to Florida where he took thousands of photographs of museums and tourist attractions. This installation is composed of twelve mural size sheets of archival p hotographic paper that contain 658 images. Faust has been photographing museum exhibits in the United States. Europe, Asia, Africa, Middle East, Brazil, India, and New Zealand for four decades. He has exhibited internationally and his work is included in the collections of the Metropolitan Museum, New York, the San Francisco Museum of Modern Art, and other institutions around t he world.

Daniel Faust, Mermaid Theater, Weeki Wachee Springs, FL, 1989. Courtesy of the artist. The Museum is working with the PR firm News Travels Fast to maximize the national and regional impact of Imagining Florida. The high-profile of this exhibition sets the st age for our Spring/Summer 2019 offerings. Our curatorial t eam is current ly finalizing these plans, which include an exhibition of contemporary art inspired by comics, science fiction, fantasy, and super heroes; John Ransom Phillips' America watercolors; and Drawing Out: Works from the Museum's Collection and Recent Gifts that celebrates a major gift of drawings and sculpture from The George and Helen Segal Foundation. All of the Museum's exhibitions are surrounded by a rich array of high caliber cultural and educational programs that enhance the viewer experience. Over 250 annual offerings include:

Artist at Work (Select Saturday afternoons 3 - 4 pm) This fun series features "up-close-and-personal" demonstrations and discussions with local artists about their creative process, use of materials, and individual insights on making art. BOCA Screening (Select Thursday evenings 6 - 7 pm and Friday afternoons 2 - 3 pm) Cinematic art is featured in this series that pairs film screenings with interesting conversations with actors, writers, directors, producers, and film historians. BOCA Talks (Select Sunday afternoons 3 - 4 pm or Thursday evenings 6 - 7 pm) Lectures, talks and discussions presented by artists, well-known curators, professors, and cultural historians provide depth to the ideas and issues presented within the Museum. Chamber Music Concert Series (Select Monday evenings 6 - 8:30 pm) The Chamber Music Society of Palm Beach partners with the Boca Raton Museum of Art to present splendid, thought-provoking programs by nationally acclaimed musicians. Friends of the Uffizi Lecture Series (Select Sunday afternoons 3 - 4 pm) This three-part lecture series focuses on Renaissance Art, 16th century Italy, and masterpieces in the Uffizi Museum in Florence. Jazz in the Galleries (Select Thursday evenings 7 - 8:30 pm) The Marshall Turkin Classic Jazz Ensemble celebrates the art of jazz within the Museum's galleries. Music in the Museum (Select Sunday afternoons 3 - 4 pm) The galleries come alive with a variety of concerts and performances in the Museum with both professional musicians and budding music students, inspired by the works on view. Educational Programs for K-72 Children (various times) The Museum annually presents an array of programs and services offered to K-12 children, youth, and schools at no cost through our award-winning Art Matters educational initiatives. Annually impacting over 15,000 children, programs include Express Yourself! Portrait Project; School Tours and Education Mornings; Meet a Master, Create a Masterpiece; Traveling Trunks; and smART.

The Museum is also involved in special events that attract thousands of visitors to the City: 33rd Annual Museum Art Festival in Mizner Park (February 2 & 3, 2019) The Museum's annual outdoor juried Art Festival is the longest running and most prestigious of any in our city, drawing tens of thousands of visitors to the Museum's doorstep and Mizner Park every year. 175 artists and artisans from across the country will showcase their unique artworks in ceramics, wood, fiber, glass, drawing, painting, mixed media, jewelry, photography, and sculpture. Art Boca Raton (March 15-18, 2019 with opening Vernissage on Thursday, March 14, 2019) The 4th Annual Art Boca Raton at FAU's Research Park showcases contemporary, modern, and emerging art. The four-day fair kicks off with an opening Vernissage that provides the coveted "first look" at the fair offerings and benefits the Boca Raton Museum of Art and Art School

We would like to thank the City of Boca Raton for its continued support, which is critical in help ing to bring these cultural programs to our community.

We look forward to another very successful year.

~ regards,

Irvin Lippman Executive Director 2018 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# 726878 Mar 09, 2018 Entity Name: BOCA RA TON MUSEUM OF ART, INC. Secretary of State CC2528746808 Current Principal Place of Business: 501 PLAZA REAL BOCA RATON, FL 33432

Current Mailing Address: 501 PLAZA REAL BOCA RATON, FL 33432

FEI Number: 59-6019851 Certificate of Status Desired: No Name and Address of Current Registered Agent:

GRASS, JODY HARRISON 501 PLAZA REAL BOCA RATON, FL 33432 US

Th e above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: JODY HARRISON GRASS 03/09/2018 Electronic Signature of Registered Agent Date

Officer/Director Detail : Title CHAIR Title VC Name GRASS, JODY HARRISON Name ANDERSON,PEG Address 248 THATCH PALM DR. Address 120 SE 5TH AVENUE, APT 327 City-State-Zip: BOCA RATON FL 33432-2551 City-State-Zip: BOCA RATON FL 33432-5598

Title ASST. TREASURER Title TREASURER Name FEENEY, FRANCIS Name MILLER, PAULS Address 1824 SABAL PALM DRIVE Address 16339 MIRASOL WAY City-State-Zip: BOCA RATON FL 33432 City-State-Zip: DELRAY BEACH FL 33446-2370

Title 2NDVC Title SECRETARY Name MALLINGER, MARTIN R. Name DAVIS, BETH H Address 21854 CYPRESS PALM CRT Address 276 E. BOCA RATON ROAD City-State-Zip: BOCA RATON FL 33428-2938 City-State-Zip: BOCA RATON FL 33432

I hereby cerlify that the information indicated on this reporl or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that f am an officer or director of the corp oration or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JODY H GRASS CHAIR 03/09/2018

Electronic Signature of Signing Officer/Director Detail Date