Holocaust Memorial Grant Agmt
......
~ City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
This Grant Agreement is entered into this B I day of ~OO 1 between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Holocaust Memorial Committee (Grantee).
Article I / Grant description
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
2.
Grant amount:
Holocaust Memorial Committee
1933-1945 Meridian Avenue
Miami Beach FL 33139
305- 538-1663 305- 538-2423 info@holocaustrnmb.org
$4,000 500A paid upon execution of this Agreement.
With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees
and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City
as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by
the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant
amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall
constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee
fUrther agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a
result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002,
and upon completion of Project, submission and approval offinal report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Expenditure deadline: Seotember 30. 2002
6. Project completion date: ---~ 3// ;2002-
7. Report deadline: No later than 90 days after Project Completion Date.
. IN'WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of ~~dl-, 2001.
GRANTEElJ:lo.lQca.us.tJ\.\.t'MDV'io.l ~~~;~~J I",c
Print Name of Organization
Federal ID # S<J - '2...-'1110 " Cf I
~
(Grantee's Corporate seal)
Article II I 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 Executive Director ofthe City of Miami Beach Cultural Arts Council, or his designee,
who shall be referred to herein as the "Director of the Council."
2. Proiect Descriotion: The Grantee may only use the Grant for the purposes 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 Grant Award Budget. attached hereto as Exhibit 2-B. 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. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall' not be
permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to
the Director, in writing, detailing and justifying the need for such changes.
All Grant recipients must participate in at least one AI1$Beach Second Thundays (see Article ill- 19).
The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description,
attached hereto as Exhibit No. I, for providing mentoring to a smaIl to medium arts organization(s) of their choice,
supported by the City's Cultural Arts Council, either by offering rehearsal space. working on collaborative programs,
or some similar project with the intent of assisting such smaller arts organization( s).
Miami Beach "Anchors" for 2001/2002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association ofF1orida
Jewish Museum ofF1orida
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. Retlorts: This Grant has been awarded with the understanding that the described Project wiIl 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 wiIl submit an interim report in April 2002 to receive the up to 5001ll of their
Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion ofthe City's
Fiscal Year on September 30, 2002.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to
the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any
type whatever in excess of the total Grant amount. Cost overrons are the sole responsibility of the Grantee. The Grant
funds wiIl be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award.
S. Proszram Monitorine: 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 Bondine:: 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. Accountin2 and Financial Review: The Grantee must keep accurate and complete bookS and records of all
receipts and expenditures of Grant funds, in confonnance 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 financial records of the Grantee. whether or not
purported to be related to this Grant.
8. Publicitv and Credits: The Grantee mUst include the City ofMIomi Beach Cultural Arts Council/ogo 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 same manner as if Grantee defaulted under this Agreement, pursuant
to Article 11-12.
9. Liabilitv and Indemnification: The Grantee shall indemnify and hold hannless 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 instrumentalities 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
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
hannless 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 injury 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 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. Assilmment: The Grantee is not pennitted 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.
II. ComDliance 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 iffully set forth herein.
12. DefaultITennination Provisions: In the event the Grantee shall fail to materially confonn with any of the
provisions of this Agreement, the Director of the Council may withhold or cancel a1~ or any unpaid installments, ofthe
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 tenn 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
ofthe 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 of the Council an extension of the Expenditure Deadline which, if approved, shall be 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 av~ilable
to it under the law.
13. Indul2ence 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 of the breach offailure occurs or at any time throughout the term of this Agreement.
19. 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 City when addressed as follows: David Whitman, Director, Miami Beach Cultural Arts
Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819.
1 S. Cautions Used in this A2I'eement: 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 Reoresents Total A2I'eement: 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 constroing 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
Commission.
Article nI I 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 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 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 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 opportunity
and services without discrimination on the basis of any disability.
19. All Grant recipients must participate in at least one" ArtsBeach 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 ofthe 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 II - 12 herein.
[The remainder of this page is left intentionally blank]
Exhibit 1/ Project Description
[Note: The following Project Description is revised to represent the possible Grant reduction.
as a result of the potential City Resort Tax shortfall.]
Organization:
Project title:
Completely describe Project approved by the Grants 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 ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
Exhibit 2-A: Project Budget I Total Project Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Name of organization:
Project Title:
Date(s) of Project:
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
Personnel- artistic
Personnel - technical
Personnel -. administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Total cash expenses
Total in-kind expenses
Total project expenses
cash
REVENUES
in-kind
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
(Itemize below)
Other contributions
Grant award
Total cash revenues
Total in-kind revenues
Total project revenues
(cash + in-kind)
cash
in-kind
(Itemize below)
(cash + in-kind)
Exhibit 1/ Project Descriplioll
(Note: The following Project Description is revised to represent Ihe possible Grant reduclion,
as a result oflhe potential Cily Resort Tax shortfall.!
Organizalion: jJJlI7C.4t~ 5> r /11t-/1f",e'/}L Projectlitle: G,.! L 7l.( /?/f-z.. P,?"'(.:/2~17t6
COl~pleleJy dcscribe Project approved by Ihe Granls I)anel and in a scparale narralive detailthc rcvisions 10 Ihe
ProJ~1 b~sc~ upon.t1~c a~var~. Plcase be as specific as possible; name of cvent, venuc, times, ctc. Also, dctailthc
org~l1IlaIlon. s partlclpaIlon III Ar/s/Jead, Second 77I11r.wlaJ's. Miami Ueach Anchors should list spccifics abolll
thclr mcnlormg program.
SynollSis: Give the essence of your proposal in a single. concise sentence.
111e HoloCllust Mellwrilll-1Wtlllli Iletlcl, ('"ltll",1 PrOI:"''''s consisls of Icclurcs. special tours of thc Mcmorial.
teachcr training seminars. and cultural cvcnts dcsigned to uphold thc valuablc lessons ofthc Holocausl/or \'isilors
and childrcn and adulls of our mulli-cultural community.
Thc mission ullhc Holocausl Mcmorial COlllmil1Cc. Inc. was 10 crccl and no\l' is to maintain a Mcmorial
Ihal would providc a placc 10 honor and mcmorializc thc viclims, providing a placc for Ihc many South
Floridian survivors 10 remcmber thcir loved oncs. Inlhc pasl decadc thc Holocausl Mcmorial in Miami
Bcach has becomc internationally known as one of Miami Beach's most bc;mliful and important
landmarks. Thc Mcmorial has becomc a bc;lcon for thc Jcwish Commnnity and for thc unily and cullural
tolerance of allmcmbcrs of thc communily thl'Oughoul Soulh Florida.
Thc mission of thc Holocaust Mcmorial Commil1ce from its inceptiou was also to be an oasis for
rcmcmbrance and rcncclion. and a facility for special edueational and cullural programs for childrcn and
adults of all raccs and religions 10 learn thc important lessons ofthc Holocaust. In addition 10 (hc
hundrcd ofthonsand of tomisls lha. visitlhc Mcmorial, thousands of school childrcntonr thc mcmorial
and hcar a Icstimony of a survivor. Thc Holoomst Mcmorial wishcs to cxpand this 10 lhc community al
11lrgc. by offcring a guided tour during lhc 2nd Thursdays Program promolcd by .hc Miami Bcach
Cultural Arts Council. A Leclurc serics. fealuring experts, leclurcrs aud authors in Ihe field of arls.
history and Ihe humanilics. has becu a ccutral part of the Memorial's progrmus. during Ihc wintcr
mouths. Finally, sevcral cullural progrmns aud commcmoratious arc schcdulcd through oul.hc ycar:
Yom Hashoah is thc Day of Rcmcmbrance. Kryslallnacht conuncmoratcs thc beginning oflhc
Holocaust. lmd during Passovcr weck lhc Mcmorial sponsors a Canlorial Conccrt
Thc Mcmorial already draws many visitors 10 Miami Beach. Thcsc cultural and cducalional programs
draw fromthc rich divcrsily of Soulh Florida communily. II is importantnol onl)' to sa\'c thc mcmory of
lhc millions of Holocausl victims and preservc Ihe sanctily of lhcir individllallivcs. bill 10 also cducale
this gcncration and fulurc gcncralion on Ihc consequcnces of prcjlldicc. in hopes 10 prc,.cltt such
atrocilics from every happening again.
The 1l,,/ocauM IIfelllorial IItia",; /leach Cllllllra/l'roJ!,ralll" provides all its programs 10 the cOllllnnllil).
for free.
Exhibit 2-A: Project Budget I Total Project Budget
[Note: The following Project Description is revised to represent the possible
Grant reduction, as a result of the potential City Resort Tax shortfall)
HOLOCAUST MEMORIAL CULTURAL PROGRAMS
April I , 2001 - March 31, 2002
Expenses Budget:
Cash Expense
= Grant $
short + Cash Match In
Fall Kind
Personnel - Administrative
25 X $23 X 52 $30,000 $1,000 $0 $29,000
25x$15x52 $20,000 $1,000 $0 $19,000
Personnel - Technical $ 5,000 $0 $1,000 $4,000
Artistic Fees $ 5,000 $0 $5,000
Outside Other Fees $ 2,000 $0 $2,000 $63,000
Marketing! Publicity $10,000 $0 $10,000
Equipment Rental $ 8,000 $0 $8,000
Space Rental (Occupation Cost) $ 12,000 $0 $12,000
Remaining Operating Cost: $ 8,000 $0 $1,000 $7.000
Postage
Printing
Insurance
---- ---- ----
--- ----
Grant Amount Requested
~2,000 + $2,00~
Total Cash Expenses
~100,00~
$4,000 +
$96,000
Total in Kind Contribution
~3,00ol
Total Project Expenses
$163,000
Exhibit 2-D: Project Budget I Grant Award Budget
(Nole: The following Projecl Description is revised to represent the possihle Granl reduclion.
lIS 8 n:sult ufIhe pOlential City Resort Tax slturtlilll.)
Nameoforgani7.alion: )/kct.tusrA.IRtI.L",xhroject Title: Z:-1.;1-t..?~ ~~~j".i1117 S
~ /
Dale(s) of Project: ,/)'ltc-tc!. '31. .;}()t'Z
,
Directions: Idenlify and i1emize cash expenses to be paid from Granl funds.
Granl awards may only be spent within budget categories declared helmv.
(,Tallt I~lllcnllell
. Pcrsonnel- artistic
Perso/lnel- technical
Personnel - administmlive
~ tit)O
Space rental
Travel (local only)
Marketing/Publicity
Outside artistic lees
Outside other fees
Other cosls
(Itl!m/ze bl!loKoJ
TOTAL !!I fjtl l.l
Grant requiremellls:
Grant monies mil." hI! spell' wilhin budget categories agreed upon in conlracl
All publicDlions associated wilh Miami Reach Cuhural Arts Council gmnl support tIIust include lite Cily
ufMiami !Jeaclt Cullural Arts Council's logo and Ihe following hyline "CiW II/Miami fleaeh"
Gr.nt funds m.y not be used 'or:
Rermmeralion ofCily employeesi'or any ~rvices rendered R.f plllt ofa I"rojccl receiving n gnlllt fwmthe
Cily of Miami lJeach Culllnl Arts Council
"Orickslllld tIIortar" or permanent equipment ((ICnnanent CCluiplllcnt necessary Ihr proposetl project may
I1e purchased iflhe price is less Ihan whal is would cosllo rentlhe e1lnipment)
l>ebt reduction
Out-of-c:ounty travel or lransporlation
IlundraisillG evenls
I tnsrilalilY events
Events IHlIll(ICululhe Jlublic
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