Center for the Advancemenet of Jewish Educationm MIAMI BEACH
this day of ((L 2009, by
of
C~ ~Qw1 N, ~~5{for-profit
corporation. He/She is personally known to me or has
produced ~~t17~~ -mot ~- ~~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
3. Project description:
4. Itemized budget:
5. Contract execution deadline:
6. Expenditure deadline:
7. Project completion date:
8. Final Report deadline:
Center for the Advancement of Jewish Education
Sandy Wertheim
4200 Biscayne Boulevard 1st Floor
Miami FL 33137
(305) 576-4030 x113, (305) 576-0307, 'sandywertheimtc'~i_caje-miami.org
$11,291.44 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget ahd 2-B Grant Budget, attached hereto
November 15, 2009
September 30, 2010
~ 3cr ~7e~,~>
Must be postmarked or delivered no later than 45 days after Project
completion date. ~j --
IN WITNESS WHEREOF, th parties hereto have executed this Agreement this ~ d'ay of , 2009.
Matti H rrera ower, a or . Signature ~QJ~
Attest: nn '' STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Gl/~
Robert Parcher, City Clerk The foregoing instrument acknowledged before me
identification.
GRANTEE: p , t ~-t 2
Federal ID #: 0~ `' ~ ~ 2 `"~?~7 1 J
Printed Name of Orga ization's Authorized Representative
(City Attorney Approval Here)
APPROVED A3 TO
FORM & LANGUAGE
ek FOR EXECUTION ;
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Signatur~of lyotary Public
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Nota Name: ~ " " ~ ~?~
ry
Notary Public, State of Florida
My Commission Expires: °~' ~~ ~/Z
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"" EMMA E NORCJW
~~~ ~ MY COMMISSION A DD 758380
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~;~` EXPIRES: February 13, 2012
BondedThruN~aryP~&ficUrMemn6er:
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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
responsibilityof administering this Grant to the City Manageror his authorized designee, who shall be the City's
Cultural Affairs Program Manager.
2. Project Description: The Grantee may only use the Grantfor the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No. 1. All expenditureswill be subjectto the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. A mandatory
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 withoutthe prior written
consent of the Cultural Affairs Program Manager. 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 supptythe Cultural Affairs Program Managerwith a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager
within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2010, must submit their final reports no later than November 15, 2010. 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 restrictionstherein). In awardingthis Grant, the Cityassumes no obligationto provide financialsupportof
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 Cultural Affairs Program Manager 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 operatipns, 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 pursuantto this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associationswhose identities shall be disclosed in
writing to the CulturatAffairs Program Managerwith the identityand title of individualsauthorizedto withdrawor
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 pertainin~o 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 inMiami-Dade County in a secure
place and in an orderlyfashion by the Grantee for at least two (2) years after the Expenditure Deadline specified
in Article I-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.
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8. Publicity and Credits The Grantee must includethe City of Miami Beach logo and the following credit
line in all publicationsrelated to this Grant: City of Miami Beach, CulturalAffairs Program, CuituralArts Council.
Failure to do so may preclude future grant funding from the City in thesame manner as if Grantee defaulted
under this Agreement, pursuant to Article 112.
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 ifthis Agreement by the Granteeor 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 bythis 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 andcontractors 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 orjudgment by any one person which
exceeds the sum of $100,000, or any claim orjudgment 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
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 ~I12.
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/TerminationProvlsions: In the event-the Grantee shall fail to comply with any of the provisions
of this Agreement,the CulturalAffairs Program Managermayterminatethis Agreementand withholdorcancel
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
termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have
been received by the Grantee, as of the date that the written demand is received
In the event that this Grant isterminated, 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 (first half)up to the termination date.
Additionally, Grantee will be ineligibleto apply and/or receive a grant in the subsequent City fiscal year.
However, Grantee will be allowed to apply for grantsn future fiscal years.
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration, the
Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final
decision as to whetherGrantee may be allowedto applyforfuture grants shall remain withinthe sole discretion
of the City.
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Any uncommitted Grant funds which remain in the possession or underthe 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 Cultural Affairs Program Manager an extension of the Expenditure Deadline which, if
approved, shall be for a period not to exceed one (1 }year.
Grantfundswhich are to be repaid to the City pursuantto this Section are to be repaid upon demand by
deliveringto the Cultural Affairs Program Managers 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 Wi(I Not be Waiver of Breach: The indulgence of either party with regard to any breach or
fai-ure to perform any provision of this Agreement shall not be deemed to constitute a waiverof the provision or
any portion of this Agreement either at the time the breach or failure occurs, or at any time throughoutthe 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 inArticle 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, exceptthose 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 111 /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 allowthe 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 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, oage.
The City endorses the clear mandate of the Americans with Disabilities Acbf 1990 (ADA) to remove
barriers, which prevents qualified individualswith disabilitiesfrom enjoyingthe same employment opportunities
that are available to persons withoutdisabilities.
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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 dscrimination 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. 8Y 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 blanl~
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Exhibit 7 1 Revised Project Description
Organization: Center for the Advancement of Jewish Education
Completely describe Project approved by the Grants Panel and in a separate narrative detailall 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 Panet
The 13`x' Annual Miami Jewish Film Festival& Forum is being planned for January 16 -January 24, 2010.
Our Opening Night, Saturday, January 16`x', 2010, will be at the Colony Theater on Lincoln Road. We are
requesting space at the Regal South Beach Cinema for Monday through Thursday, January 18-21. On each
of those days we will show two films per evening. In addition, we will present an afternoon matinee on
Wednesday and Thursday at the Regal assuming the theater is able to provide the space. The Beach
schedule targets several different audiences. For the matinee, we seek groups from various condo
communities and organizations. Our matinee audience has been improving and attracts individuals who
cannot attend events after dark. In addition, a recent demographic survey sponsored by the GMJF indicates
that there are a significant number of young professionals living on South Beach, who we will target for
late night films. We believe that there is great potential for increasing the young Beach residents in the
MJFF. Experience and our surveys indicate that the Beach also attracts foreign tourists because most of
our films come from Europe and South America, We also find that we get audience participation form the
Aventura area and the Southern county areas because the Beach is accessible to both. However, the nucleus
of the Beach audience is the year-round and snow bird residents of Miami Beach.. Our post film cafe called
Film Chatter will be expanded at the Regal so that our audiences can have a place to gather for discussions
and interaction after the films. This Film Chatter series, proved to very popular with the audiences in
2009. We will also again present our Free Film Forums on Tuesday and Thursday evenings. These allow
film lovers to dialogue with the MJFF Director before the evening films begin to learn more about the
background of the films and how the festival is run. The Miami Jewish Film Festival will continue to
highlight the educational component of the Festival. In addition to our collaboration with Books and
Books, we will include public forums utilizing local scholars and senior educators from CAJE, to explore
issues that the films raise. Educational materials will be distributed at each film and be posted on the
festival web site.
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.
The only changes in our original program were budgetary revisions due to reduced funding that
resulted in a small reduction in administrative staff time and a slight decrease in marketing
expenses. We do not feel this would impact the Festival program.
In addition, in this difficult economic time we have been increasing our fundraising efforts as an
Agency. This should also somewhat increase our individual and corporate support on the
revenue side.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Center for the Advancement of Jewish Education
Date(s) of Project: 1/16110 at the Colony and 1118-1121/2010 at the Regal SB
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 25,000 Admissions 20,000
Personnel -technical 5,000 Contracted services
Personnel -administration 11,550 Tuitions
Outside artistic fees/services 1,875 _ Corporate support 11,000 11,000
Outside other fees/services 1,200 _ Foundation support 12,000
Marketing/Publicity 11,000 7,000 Individual support 17,434
Space rental 6,500 _ Government grants
Utilities 150 Federal
Equipment rental 5,250 1,000 State 0
Office supplies 1,000
Other Costs:
Film Fees/ Shiooin
Travel
Postage/Printing
Ticket Fees
(Itemize below)
9,000
1, 500 3, 000
4,625
2,625
Other Contributions (Itemize below)
Local Grants 10,200
Film Society 4,550
Consulates 1,500
Misc. 1,000
City of Miami Beach Grant Award 11,291
Total cash revenues 85,025
Total in-kind revenues 11,000
Total project revenues 100,025
CASH 8 IN-KIND
Total cash expenses 80,025
Total in-kind expenses 11,000
Total project expenses 100,025
CASH 8~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Center for the Advancement of Jewish Education
Date(s) of Project: _ 1/16/2010 Colony -1/18-1/21/2010 Regal Cinemas So. Beach
Grant Award: $11,291.44
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
Grant Expenses
Personnel -artistic 4 000 Equipment Rental 1,000
Personnel -technical - Space renta( (Performance 3,250
Related Only)
Outside artistic fees
Marketing/Publicity 2.041 Total Other Costs (itemize
Below)
Printing _
Description Amount
Postage _ Film FeeslShippinq 1,000
TOTAL (must equal grant a~rard): 11,291
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council."
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 fie Rehabilitation Act of 1973
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Grant Use Restrictions (grant funds maynot 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
• "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.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation
• 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 eventserves to specifically benefit City of Miami Beach
government and has been previously approved as such be 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.- a!I artists payments, separate from
advertising payments Invoices AND checks must be dated within the 2009-10 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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