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Jewish Museum Grant Agmt . 'I City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement This Grant Agreement is entered into this S, day of D~ . , 2001 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Jewish Museum of Florida (Grantee). Article I I Grant description 1. Grantee: Address City, State, Zip Phone, fax, e-mail Grant amount: Jewish Museum of Florida 301 Washington Avenue Miami Beach FL 33139 305- 672-5044, ext. 18 305- 672-5933 steve@jewishmuseum.com 2. $31,000 50% 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 of final 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: Seotember 30. 2002 7. Report deadline: No later than 90 days after Project Completion Date. o ," IN WITNESS WHEREOF, the parties hereto have executed this Agreement this j(rr day of DlICt1t-(~m...r-2001. GRANTEE! ...~) ~ ~"". rY\ u. seu...m . Print Name of Organization ~ t==I 0"'(" ~ Federal ID # <05"'-0 \ '=\ '8.;l. Co t..\ BY: ~<lY\1:1...lU Lou, to<U Printed Name of Chairman or President ATTEST: ~~ ~~ Robert Parcher, City Clerk (Grantee's Corporate seal) BY: ~~\'lL ~..,.,'uX-z- ii:~:J::t APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,.." y.. fYV Date . .., 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 of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect Description: 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 tenns ofthis Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-8. 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 ArtsBeach Second Thursdays (see Article ill-I 9). 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 small 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 of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above information 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. Reoorts: This Grant has been awarded with the understanding that the described Project will 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 ofthe Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director ofthe Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50010 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 Payment Schedule: The total amount ofthe 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 fmancial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval ofthe award. 5. Program Monitoring and Evaluation: The Director ofthe 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. :l 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 Director ofthe Council with the identity and title of individuals 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 co fonnance with reasonable accounting standards. These books and records, as well as all documents pertaining to yments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled c ecks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least 0 (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be ex ined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon nable notice. Furthennore, the Director of the Council may, at the City's expense, audit or have audited, upon reas nable notice, all the fmancial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee t include the City of Miami Beach CuItuntI Arts Counci11ogo 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 th same manner as if Grantee defaulted under this Agreement, pursuant to Article ll-12. 9. Liability and Indemnification: The G tee shall indemnity and hold harmless the City and its officers, employees, agents and instruments from any an all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instnunentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kin or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employ agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith d shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicab e, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. G tee expressly understands and agrees that any insurance protection required by this Agreement, or othetwise provid shall in no way limit the responsibility to indemnifY, keep and save harmless and defined the City or its officers, em loyees, agents and instrumentalities as herein provided. If the Grantee is a government entity, this ndemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the rovisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property dam ge claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portions hereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the sam incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, Iia Iities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. AssilZllment: The Grantee is not penni and shall be treated as an event of default purs to assign this Grant, and any purported assignment will be void, t to Article ll-12. 11. ComDliance with Laws: The Grantee grees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limit to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated h rein by reference as if fully set forth herein, and Chapter 2, Article vn ofthe Miami Beach City Code, as amended, w ich is incorporated herein by reference as if fully set forth herein. 12. Default/Tennination Provisions: In t event the Grantee shall fail to materially confonn with any of the provisions ofthis Agreement, the Director ofth Council may withhold or cancel all, or any unpaid installments, of the Grant upon giving five (5) calendar days writt notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in e event of a breach of any tenn or condition of this Agreement, upon five (5) calendar days written demand by the D rector ofthe Council, the Grantee shall repay to the City all portions ofthe Grant which have been received by the rantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. n 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 commenci g 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 ofthe 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 (1) 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 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 of the breach of failure 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. 15. Caotions 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 Reoresents 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 HI I MisceUaneous 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. I , .... 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 of the Grant and execution of the Agreement. Grantee shan 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 11- 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 ofthe potential City Resort Tax shortfall.] Organization: Jewish Museum of Florida Project title: Marketing Support 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. The Museum meets its objectives through: EXHIBITIONS, PUBLIC EDUCATION PROGRAMS, COLLECTIONS & CONTINUING RESEARCH, PUBLICATIONS, and COMMUNITY AND STATEWIDE OUTREACH. Funds are being requested to help draw audiences to the Museum's world-class programs, specifically marketing the exhibit schedule for 2001 - 2002 and public programs that complement the exhibits to both the resident and tourist communities and for statewide outreach to promote the Museum - and Miami Beach - beyond the geographic boundaries. Even though ambitious for a museum of our size and age, the Jewish Museum mounts a minimum of three temporary exhibits each year, which are presented at our site at 301 Washington Avenue. This is specifically planned to attract the residents to visit more often and to provide them with a variety of stimulating and informative themes. To help promote Miami Beach even more, many of our exhibits travel throughout the state, some with a theatrical component. The Museum's total marketing budget for 2001-2002 is $259,094 for publicity for the temporary exhibitions, as well as ongoing general advertising about the Museum. Specifically, the $31,000 from the City of Miami Beach Cultural Arts Council will be used to defray a portion of the budget for the following expenses: design and production of print and TV advertising, press packets, advertising in newspapers, magazines, tourist guides, maps, radio and cable television for each temporary exhibition. The marketing plan also includes general publicity for the Museum's award-winning core exhibition "MOSAIC: Jewish Life in Florida" that depicts Jewish life in Florida since 1763, and our restored 1936 Art Deco building that was formerly a synagogue and is on the National Register of Historic Places. The temporary exhibitions to be featured in the 2001-2002 marketing plan are as follows: 1) "THE ART OF HATRED: Images of Intolerance in Florida Culture" through March 10, 2002. This exhibit was extended because it is lamentably relevant to 9/11. 2) "EXODUS STORY THROUGH HAGGADOT AND SEDER PLATES" - March 19,2002 - September 5, 2002. 3) "HEBRON: A photographic Exhibit" - March 19, 2002 - September 5, 2002. 4) "THE JOURNEY: Jewish Latin American Artists and Poets & the Florida Connection" from September 24, 2002 - February 2, 2003. Mentoring Program The Museum's current exhibit and catalog include many items from the Wolfsonian-FIU collections and the program schedule reflects collaborations with the Simon Weisenthal Center, Anti-Defamation League, Miami-Dade Community College, National Conference for Community and Justice, World African Traditional Arts, Florida Atlantic University, and University of Miami. As previously mentioned, the Museum is a partner in Miami-Dade County Public Schools' Museum Education Program with their teacher assigned to the Museum weekly to schedule student tours. We continue to collaborate with the South Beach Chamber Ensemble, Miami Jewish Film Festival, New World School for the Arts, Dora Teiteiboim Center for Yiddish Culture, Florida Action for Jews in the former Soviet Union, Holocaust Documentation and Education Center, Florida Grand Opera and Lyric Theater. We participate in the Miami Beach High School Student Intern Program. We approach local community arts organizations for participation in our public programs to complement upcoming temporary exhibitions, such as the Black Door Dance Ensemble, Bridge Theater, Miami Light Project, Miami Design Preservation League and the Wolfsonian Museum.The Museum also participates in the Annual First Night on the Beach celebration, where we offer a mask-making booth for children. . ,. October 11 December 13 January 10 April 11 May 9 Jewish Museum of Florida Participation in Arts Beach Second Thursdays The Heritage Panel - Students Speak out on Discrimination Co-sponsored by the National Conference for Community and Justice 'The DecoTones" - Renowned jazz vocal quartet - music of the 1920s, 1930s, 1940s Citizens' Rights & Privileges in Miami-Dade County Representatives of Save Dade, Take Back Dade & Christian Coalition Dora Teitelbaum Center For Yiddush Culture "Common Threads" South Beach Chamber Ensemble 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: Jewish Museum Project Title: of Florida Date(s) of Project: \01,/0\ -C\/3Cl/0S-. Marketing Support . Attach a copy of the total Project budget or list cash expenses and cash revenues specificalIy 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 MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies . Insurance/Security Other Costs: ePiC 'd.~ \K1L~d~S ~'i'\\~~ ~ee~ .'5\'1l.O-Q C ?>) Total cash expenses Total in-kind expenses Total project expenses Other contributions (ItemJze below) f'i,....'o\i C,) ~~~ (~=lV\1!..-r- ~C:OC-9 \ qCCl:l REVENUES cash in-kind Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State c.ou..NT~ (Y\<L~o<'s. c..,~ ~~O~4 (ItemJze below) Cl.S-c \}~\ ~ Grant award ~ Co \. 'J.1o~ Total cash revenues Total in-kind revenues Total project revenues ~ l.:. \ } ().,loa. (cash + in-kind) cash in-kind ~OI')OC'I . 'RI/~"C\ \ \ .g ,a..~ ~\ .oon , 'd-la \;a loa... 'rl--l.o\ J~Io';;L (cash + in-kind) . ~_.... Exhibit 2-B: Project Budget I Grant Award 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: Jewish Museum Project Title: of Florida Date(s) of Project: r 0/' lor - q / So I 0 &. Marketing Support Directions: IdentifY and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant ExPenses Personnel- artistic Personnel- technical Personnel - administrative Space rental Travel (local only) MarketinglPublicity ~?S.'R.3S- , Outside artistic fees Outside other fees Other costs (Itemize below) c.P.e... ~...:lo.... "\\\"'''('C,~jS A-cTi'~~ ~~.c; qs-o 5., -a.. QS;l ( '3 ') \) ~ \ '9 TOTAL 31Joca Grant requirements: Grant monies must be spent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the foJ1owing byline "City of Miami Beach" Grant funds may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (penn anent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-county travel or transportation FWldraising events Hospitality events Events not open to the public