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Grant Agreement with Jewish Museum of Florida, Inc. R- so-44- 201 L(- 49,c87 Crz GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA(CITY)AND JEWISH MUSEUM OF FLORIDA, INC.TO SUPPORT PROGRAMMING THAT WILL ATTRACT NEW AND RETURNING VISITORS TO THE MUSEUM AND TO PROVIDE FOR THE MAINTENANCE OF TWO BUILDINGS CURRENTLY LISTED ON THE NATIONAL HISTORIC REGISTER VIA THE CITYWIDE GRANTS PROGRAM This Grant Agreement is entered into this. day of1.46c , 2015, between the City and Grantee. . Article I!Grant Description 1. Grantee: Jewish Museum of Florida, Inc. Grant Contact: Jo Ann Arnowitz, Executive Director&Chief Curator Address: 301 Washington Avenue City, State, Zip: Miami Beach,FForida 331039 Phone, fax, e-mail : 305.672.5044, 305.672.5933, director @jewishmuseum.com 2. Grant amount: $49,500 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure deadline: September 30, 2015 6. Project completion date: September 30, 2015 7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project completion date. • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _ 11 day of jk.stcE , 2015. Air 0 , / , Philip Levine, •, ,/ Signature i iti Alk #1 Aid %'' •' �'r"`",'&% ,_ STATE OF FLORIDA, COUNTY OF MIAMI-DADE Attest: �,OA, • CI%9 before ., 0 % foregoing instrument was acknowledged " Ma _/ . - , is 21 stday of May 2015, Rafa- Gran-7M, Ci Clerk • = .:� � -obert Gutierrez of i INCORP ORATED: (G antee's Corporate Seal Here4 . Flo.a International University , a not-for- . A`•- 4 t corporation. He/She is personally known to me y�� ' )\---'4: has produced Lf ���,h��;��2,� as identification. GRANTEE: / / Federal ID#: 65-0177616 Si.ri=:t � o Notary Public BY: Robert Gutierrez Printed Name of Organization's Authorized Notary Name: Ileana Medina Representative Notary Public, State of Florida (City Attorney Approval Here) ", ,,.ti►;c:. ••. ILEANA D.MEDINA i.,' "_ _.. �: Commission#EE 858164 APPROVED AS TO =`-pg= Expires December 13,2016 FORM & LANGUAGE My Commission .,tieNo,; dT}yuTroyFainlnsurance80a385.7019 &FOR EX CUTION Expires: . :\---- 5 ,fi t City Attorney Date ,I.q( , -2-of 8 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. 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 1. All expenditures will be subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. 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 Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall be made in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the activities and services contemplated under the described Project will mutually contribute to the enhancement of services available to the City's residents and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City within 15 days of the Project's completion date (for example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 30th of such year, must submit their final reports no later than October 15th of that year). Notwithstanding the preceding, and as a condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (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 principal responsibility of the Grantee. The Grant funds will only be supplied to the Parties' execution of this Agreement. 5. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to the project site (301 Washington Avenue) to observe Grantee's programs, procedures, and operations, or to dis.cus.s_th.e_Grantee_s_pr_og.r_arrms_v.vithSrarttee's_per_so.n.nel. -e.:_._ •r_ b._�ittaLaf additional documentations or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. 6. Bank Accounts and Bonding: [Intentionally Deleted] 7. Accounting and Financial Review: Funded activities must take place on or before the Expenditure Deadline in Article I — 5. The Grantee shall keep accurate.and-eom.plete-book-s-and-reGoFdS-Of-all-reCeiPtS--ard expenditures of Grant funds, in conformance with reasonable accounting standards. These books and record, 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 1-5. 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: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: "This Project is funded in part by a grant from the City of Miami Beach." The 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: To the extent permitted by and within the limitations of Fla. Stat. Section 768.28, 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, 3of8 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, or principals. 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 defined the City or its officers, employees, agents and contractors as herein provided. 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 Florida Statutes Chapter 112, Part Ill, Ethics Code for Public Employees, as amended, which is incorporated 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 material the City Manager or his designee may terminate this Agreement and withhold or provisions of this Agreement, y g g y g cancel all or any unpaid installments of the Grant upon giving thirty (30) 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 termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee but not expended in furtherance of this Agreement, as of the date that the written demand is received. 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 sixty (60) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager 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 Manager a 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: City Manager's Office, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139. 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. 4 of 8 Article Ill/Miscellaneous Provisions 17. The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, 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 to 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.Chapter 62 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 as applicable. 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. 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 I.l_IFRY_L�.F A. Y_C A.11—L�J=j:GA.T 1pI LA --I ,-! - -,- —! — HI.s-AGR.EEMEN_T 5 of 8 • Exhibit 1 Project Description 'Grant funds will be used in support of the City of Miami Beach's Strategic Plan. The Grant will be used to fund Jewish Museum programs and maintain the Jewish Museum buildings and grounds (the "Project"). The Project will attract new and returning visitors to the Museum and to the City by providing family-friendly recreational activities, engaging the City's senior residents, and expanding learning opportunities for the City's youth. Additionally, the.Grant will be used to provide for the maintenance of the Museum's grounds and two buildings, which are both listed on the National Register of Historic Places, including routine maintenance and any necessary repairs. Such maintenance will enhance the SoFi neighborhood. . The following expenses will be incurred in the delivery of these services: • Salaries and benefits; • Operating expenses; and • Expenses for maintenance and repairs. See Exhibit 2 for a complete budget breakdown. Grantee shall provide the City with its documentation of how the use of the Grant funds will support the following City Key Intended Outcomes: • Improve Alliance With Key Business Sectors, Namely Hospitality, Arts, & International Business With A Focus On Enhanced Culture, Entertainment, &Tourism; • Maximize The Miami Beach Brand as a World Class Destination; and • Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Historic Assets, In Select Neighborhoods And Redevelopment Areas. Payment will be made upon the production of valid receipts/invoices and corresponding cancelled checks. Grantee Responsibilities 1, The Grantee's funded services will support the following Citywide Key Intended Outcomes: • Improve Alliance With Key Business Sectors, Namely Hospitality, Arts, & International Business With A Focus On Enhanced Culture, Entertainment,&Tourism; • Maximize The Miami Beach Brand as a World Class Destination; and • Enhance Beuty"And-Vib n y—OOf Urban And-Residential-Neighbcsrho6ds F-ocusirrg-On Cleanliness, Historic Assets, In Select Neighborhoods And Redevelopment Areas. 2. The Grantee will document its progress toward and support of the Citywide Key Intended Outcomes listed above by providing the City with the following information: a. Number of family programs offered; b. Number of programs targeted toward seniors; c. Number of programs targeted toward students offered; d. Number of multi-cultural exhibits and programs offered; and e. Number of total visitors to the Museum. 3. The Grantee will maintain the following as evidence of expenses incurred in furtherance of the Project, as described above: • 6 of 8 • .'a. Payroll records (including salary,fringe, benefits, etc.); • b. Supplies and services receipts (invoices and cancelled checks). ' 4: The'Grantee will submit a final report to the City no later than October 15,-2015; .which report shall • document the efforts undertaken to support the Key Intended Outcomes,,and'shall 'include: a. A summary of overall project and its impact on the identified key intended outcomes; and b. A final project budget. • • • • • 7 of8 f • • • } Exhibit 2/Project Budget ` " z z - - f - - - �.-rte r'°�, i -J 1. ., •• • • • • • • • eke - , 8of8 • '2 N N e Nm p� N a +Rm OOoSN Z4 5.° 7. A 73 o m t° m e .m. N m a, w m T 9 9 S 7.1 J j 1 to P O a a d o tuu m a G L• 1 n E a r 2 y O o ii I i 3 � °o o N co 1 0 8 8 S s = € Y' ,a 0 - 0 . 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