HomeMy WebLinkAboutHolocaust Memorial
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G MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2006/07 Cultural Affairs Grant..Agrepment
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This Grant Agreement is entered into this ,:?I_ day of ~ ,,' ~ ~1f , 2006, between the City of
Miami Beach, Florida (the City), and (Grantee).
Article II Grant Description
1.
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail:
Grant amount:
Holocaust Memorial
Avi Mizrachi
1933-1945 Meridian Ave
Miami Beach FL 33139
3055281663,305-538-2423, info@holocaustmmb.org
2.
$7,862.5050% 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 and 2-B Grant Budget, attached hereto
October 27,2006
September 30, 2007
3. Project description:
4. Itemized budget:
5, Contract deadline:
6. 11 Expenditure deadline:
7. I I pr~". t co pletion date:
8. J Fi a Re ort deadline: Must be postmarked or delivered no later than 45 days after Project
j completion date. ;}.?:fh j)C?Gf411/;~Y
! HEREOF, the parties hereto have executed this Agreement this~day of ~ ,~A~, 2006.
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Robert Parcher, City Clerk
Grantee's Cor orate Seal Here
APPROVED AS
FORM & LANGUA
& FOR EXECUTI
GRANTEE:
FederallD #:
BY:
Printed Name of Organization's Authorized Representative
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
acknowledged before me
as
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Notary Name:
Notary Public, State of Florida
My Commission Expires:
Article III 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's Cultural Affairs Program Manager or his Designee.
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.1. 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
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs
Program Manager or his Designee. Said requests shall be made in advance, 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 supply the Cultural Affairs Program Manager or his Designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30,2007, must submit their final reports no later than November 15,
2007.
4. Amount of Grant and Payment 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 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 of the award, and execution of this Agreement by the parties hereto.
.
5. Proaram Monitorina and Evaluation: The Cultural Affairs Program Manager or his Designee 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 Bondina: 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 Cultural Affairs Program Manager or his Designee with the identity and title of individuals authorized
to withdraw or write checks on Grant funds.
7. Accountina and Financial Review: The Grantee must 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 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 Cultural Affairs Program
Manager or his Designee or his Designee at the Grantee's offices during regular business hours and upon
reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee 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. 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: City of Miami Beach, Cultural Affairs Program, Cultural Arts
Council. 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.
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9. Liability and Indemnification: The Grantee shall indemnify and hold harmless 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 harmless 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. Assianment: The Grantee is not 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 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. DefaulVTermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this
Agreement and withhold or cancel 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 is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations - Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations - Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
apply for future grants shall remain within the sole discretion of the City.
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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 Cultural Affairs Program Manager or his Designee 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 Cultural Affairs Program Manager or his Designee 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. Indulaence 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.
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 1-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, Interim 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 Aareement: 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 Aareement: 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 1111 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
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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 JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
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Exhibit 1 I Revised Project Description
Organization: Holocaust Memorial
Completely describe Project approved by the Grants Panel and in a separate narrative detail all 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.
Proiect description as approved bv Grants Panel:
The proposed theme for the 2006-2007 Holocaust Memorial Cultural programs, Voices of
the Ho/ocaust:History, Arts and Humanity, is a combination of seeing the lessons of the
Nazi Holocaust through the lens of the visual, theatrical & poetic arts. All programs are open
to the public and geared to the multicultural audience of the Miami Beach community.
The Holocaust Memorial hosts five major cultural education programs each year: Holocaust
Education Week (please see attached supplement for 2004-2005); Kristallnacht (Night of
Broken Glass Commemoration); Holocaust Cultural Lecture series; a Cantorial Concert and
Yom Hashoah (Holocaust Remembrance Day).
Historically, each program has included a strong component in the arts whether it is a
theatreldrama or a multimedia presentation such as Anne Frank in the "Living Voices"
program; a panel discussion on a film as in the "Hollywood and the Holocaust" program this
past year, or in the Cantorial concerts of combining music and poetic verse, or the voices of
the children's choir in our Kristallnacht and Yom HaShoah programs.
With funds from the Cultural Heritage Grant, we plan to engage our community in dialog and
creative artistic expression. With the theme in 2006-2007, "Voices of the Holocaust-
History, Arts and Humanity", we plan to host Miami Beach based programs and partner
with organizations whose mission is to seek tolerance and understanding for our broad base
of attendees.
Proiect 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.
No
change
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Holocaust Memorial
Date(s) of Project: 2006-2007
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
CASH IN-KIND
3.000 3.500
12.000
1.300 _
6.000
1.000 3.200
1.500
1.000
2.000
1.500 _
PrintinQ
PostaQe
Other Staff
Volunteer Training
(Itemize below)
2.000
2.000
1.500
200
Other Costs:
Total cash expenses 35.000
Total in-kind expenses 6.700
Total project expenses 41.700
CASH & IN-KIND
REVENUES
CASH IN-KIND
Admissions --
Contracted services --
Tuitions --
Corporate support _ 3.200
Foundation support --
Individual support 27.137
Government grants --
Federal --
State --
Other Contributions
Volunteers
(Itemize below)
3.500
City of Miami Beach Grant Award 7,863
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Total cash revenues 35000
Total in-kind revenues 6.700
Total project revenues 41.700
CASH & IN-KIND
Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Holocaust Memorial
ty.~
&
Date(s) of Project: 2006-2007
Grant Award: $7,862.50
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
Equipment Rental
Personnel - technical
Outside artistic fees
6,500
1,363
Space rental (Performance
Related Only)
Insurance (Performance
Related Only)
Total Other Costs (itemize
Below)
Marketing/Publicity
Printing
Description
Amount
Postage
In County Travel
TOTAL (must equal grant award): 7.863
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
· Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
· Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
Grant Use Restrictions (grant funds may not 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 outside the local Miami Dade County area
· 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 event serves to specifically benefit City of Miami Beach
government
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. . all artists payments, separate from
advertising payments)
. Proof of logo and credit line in project publications and advertisements
· Proof of performance(s), such as programs, brochures and flyers.n
90f9
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PLlHPOSES
1\. To provide (or the erecLion unu maintenance o(
a 1I010caust memorial monument and the advancell1ent o( education
relating thereto.
U. For Lhe advancement or II'1iIJi.OIl, chllrity,
educaLion and any oLher related or correspundinlJ charitable
purposes by the distribution of its funds (fir such purposes.
C. To operute exclusively ill any other milnner ror
such religious, clwritable and eaucationul purposes a~, wil L
qualify it as an exempt organization under ~;ection SOI(e) (3) or
the Internal Revenue Code oC 1954, as amended, or under ilny
corresponding provisions of any subsequent federal Lax laws,
covering the distribution!:> Lo organization~; <)ual.fied as LilX exempt
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I\HTICLE IV
QUI\L I E' ICI\'1' IONS Fait ~tENIII';Il~j
The qualifications for members in the manner of their
admission shall be arj regulated by the ny-Lows of lhis Corporation.
I\H'l'ICI,E V
INI'I'I"'J HEGIS'l'EHED OFFICE MID HEG ISTEHIW "GErlT
The street address of the initial reqistered office of
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Mall, Eighth Floor, l'liami Beach, Florida, JJ139, and lhe na,me of
the initial Registered "gent of Lhis Corporalion at lhat address
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I\RTICLE VI
DIRECTOHS
'rh is Cor po r ell! 0 n s hall h cJ vet h r e e d ire c t: 0 I' ~j i niL i a ) 1. Y .
The number of direcLors may be increased or diminished [rolll Lime
to time in such manner as may be prescribed by lhe By-Laws, but
shall never be less LhcJn three,
'rhe names and street addresses of the initial direcLors
oC LIds Corporation are:
DI\N P. IIEIJLEIt
111 1 J, i n coIn It 0 cJ d I,' a 11
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Except (or the initial Board or lJi rrc:lors, who:.e llall\eS
appear above, the [JOiHd oC Directors shall l:e electer! or tlppoinLecJ
as provided in the By-Laws.
AH'I'ICLE VII
I NCOnpOHA'I'On
'}' hen a," e and s t r e eta d d res s 0 r the i n cor po r a lor, be i n g
the subscriber to these Articles of Incorporation is:
OI\N P. iI ELLEH
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BY-fJI\\'lS
Provisions (or the regulation or L1le internal aUairs o[
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determined and fixed by lhe Oy-Laws as adopted by the BotlrrJ of
Directors.
1\ WI' I C L I~ I X
I\C'I'I V 1'1' I E S
lL tI 0 r art 0 f l hen e tea r n i 11 'J!"; l) r u H~ Cor po r i.'I t ion
shall inure to the beneCit of, or he distrilJutalJl.e La iLs members,
directors, officersr or other private per!Wlls.
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attemplinrJ to influence l.erJislation, llntl the Corporation ~;hilll noL
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distribution of statelllents) in llny political ctllllpai(JI1 on hellllJ r or
any candidate for pu~Lic office.
C . II u L w i l h s tan Jill g any 0 l h c r pi 0 v i !j i 0 II () I l" e ~,e
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not permitted to be c(l(ried on (a) by a corpor<ltion PX(~JlIpt: from
Federal income tax under Section 50l(c) (J) or the Internlll Hevenuc
Code or (b) by a corporation, contributions to which ,He
deductible under Sect.ion 170(c)(2) of the Inl.ernal Hevenuc Code.
D. Notwithstanding any other provif.3ion in l,hese
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exercise any powers that are not in [urtherLlnce or the purposes of
this Corporation.
l\H'l'ICLE X
0'1'11 En p nOVI S I ON~;
^. The Corporation shall htlv(~ the power to do illl
lawful acts necessary or desirable to carry out its purposes
consistent with the provisions of Flor ida SLatules Section G17 and
Section 50l(c) ()) of the Internal Hevenue Code.
D. l\lllcndments. ^ll provision;, or these l\rLiclef3
or Incorporation shal.l be subject to amendll1('llt, consistent with
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such organization or orlJilnizalionn an Shilll lJe selected IlY the
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to vote in respect thereof, provided, however, Lhat such
organization or orgallizations shall be exem~t under Section
501(c) (J) o( the Internal Revenue Code.
^ny Stich assets not so
disposed o( shall be disposed of by a cOllrt of competent
jurisdiction in the county in which the principal office of the
Corporation has been located, exclusively [or slIch purporie Lo such
organization or organizations as such cOllrt "hall (h~terlllin(;, which
are organized and operated exclusively for :>uch purposes.
^HTICLE XI
^CCEP'l'MfCE OF REGIS'fERElJ ^GEIIT
D^N P. IIELLEH having been named to accept service of
process [or this Corporation, at the place r1esilJnated in the
^rlicles of Incorporation, hereby agrees Lo dct in the capacity of
Registered ^gent, and further agrees to comply with the provisions
of all statutes relative to the
p~~ \[f~::_[>er[orrnance of
DMf P. IIELLEH
his duties.
IN WI'l'NESS \'iIlEHEOF, the undersigned Incorporator hllS
-5-
......"." ,,A.""'f.A ftA. .."fUlfU.yet Ar lAW flit lIUCOl" "OAf) MAt.I H'A'''llllACII "IUflIIlA In1'1
subscribed to these ^rLicles o[ Incorporation un Illi~. _!L~_[ d<1Y
of ^IHil, 1906.
3:~I'T-11 (VA L________
DAn P. IlEI~\,lm
STATE OF FLORIDA
,. ,.~
,).) .
COUNTY OF O^DE
DEFORE HE, the undersigned authoriLy, personally appeared
D^N P. IIELLER, Lo me known and known Lo me Lo be Lhe per!iOn who
executed the roregoin<J Articles or Incorporation and he
acknowledged before me that he executed thc!jc ^rticlcs o(
Incorporation.
HI WITNESS WIIEHEOF, I have hereund..ll- seL lilY hand iJ,lld
affixed my official seal in the state and
~0
JI day of ^pril, 1906.
County aforesaid, this
~ . -I ;,4 71.' -'--
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I ~~:l_ ~RfpiJ Ii [~\tc, fi l: ill e () [ l" Tc.ifl"da-
Hy Commis:; ion Expi res: 9/26/06
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Internal Revenue Service
Department of the Treasury
P. O. Box 2508
Cincinnati, OH 45201
Holocaust Memorial Committee, Inc
% Ruden Barnett
1933-1945 Meridian Ave
Miami Beach, FL 33139
Person to Contact:
Ms. Smith ff31-07262
Customer Service Representative
Toll Free Telephone Number:
8:00 a.m. to 9:30 p.m. EST
877 -829-5500
Fax Number:
513-263-3756
Federal Identification Number:
59-2659641
Date: December 6, 2001
Dear Sir or Madam:
This letter is in response to your request for a copy of your organization's determination letter. This letter will
take the place of the copy you requested.
Our records indicate that a determination letter issued in August 1987 granted your organization exemption
from federal income tax under section 501 (c)(3) of the Internal Revenue Code. That letter is still in effect.
Based on information $ubsequently submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509(a) of the Code because it is an organization described in
sections 509(a)(1) and 170(b)(1)(A)(vi).
This classification was based on the assumption that your organization's operations would continue as stated
in the application. If your organization's sources of support, or its character, method of operations, or
purposes have changed, please let us know so we can consider the effect of the change on the exempt
status and foundation status of your organization.
Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual accounting period. The law imposes a
penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable
cause for the delay.
All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUT A). .
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and
gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
-.........
-2-
Holocaust Memorial Committee, Inc
59-2659641
Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organization is subject to this tax, it must file an
income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we
are not determining whether any of your organization's present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
The law requires you to make your organization's annual return available for public inspection without charge
for three years after the due date of the return. You are also required to make available for public inspection
a copy of your organization's exemption application, any supporting documents and the exemption letter to
any individual who requests such documents in person or in writing. You can charge only a reasonable fee
for reproduction and actual postage costs for the copied materials. The law does not require you to provide
copies of public inspection documents that are widely available, such as by posting them on the Internet
(World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these
documents available for public inspection (up to a maximum of $10,000 in the case of an annual return).
Because this letter could help resolve any questions about your organization's exempt status and foundation
status, you should keep it with the organization's permanent records.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
This letter affirms .your organization's exempt status.
Sincerely,
t}/?J 2!~v
John E. Ricketts, Director, TE/GE
Customer Account Services
Florida Dl'p,nlmenl of Agrirullure & COllsulllcr Sl'l'\icl'S
CHARLES II. B1{ONSON. COJlll11is~iolll'r
The Capilol · Tallahassee. Florida
December 31,2001
Division of Consumer Services
Ser.ond Floor, Mayo Building
Tallahassee, Florida 32399-0800
l-AlJO-HELP-FLA
FAX 850-487-4177
HOLOCAUST MEMORIAL COMMITTEE, INC.
1933-1945 MERIDIAN AVENUE
MIAMI BEACH, FL 33139
In ReRI'i Refer To:
SC-13447
.
RE: HOLOCAUST MEMORIAL COMMITTEE, INC.
REGISTRATION EXPIRATION DATE: 12/28/2002
Dear Sir/Madam:
.iI
The above-named organization has complied with the registration requirements
of Chapter 496, Florida Statutes, the Solicitatipn of Contributions Act. A COpy OF
THIS LETTER SHOULD BE RETAINED FOR YOUR RECORDS.
The Solicitation of Contributions Act requires an annual renewal statement to be
filed on or before the date of expiration of the previous registration. The Department
will send a renewal package approximately 60 days prior to the date of expiration
as shown above.
Thank you for your cooperation. If we may be of further assistance, please contact
the Solicitation of Contributions section at 850-410-3705.
Sincerely,
CHARLES H. BRONSON
COMMISSIONER OF AGRICULTURE
Nina j. Afc.erod
(Mrs.) Nina J. McLeod
Regulatory Consultant
850-410-3700/1-800-435-7352 (Florida Only)
E-Mail: mcleodn@doacs.state.fl.us
Ilod- 0 () () 0 &, 0 J' ftJ J' ~
, I'
AKIICLES OF A1\IENIJi\lI~NT
TO THE
ARIICf .ES OF I NCOIU'OHATIl)j\J
OF
HOLOCAUST I\H:l\IOIUAI. COI\II\IITTU:, II\'C.
The folJowillg provisiun of the Articles oflllcorporalioll of"" () LO('A liST l\mIHO HIA L
C01\lI\JJTTEE~ I NC, a Florida corporation ("Corporation"), Chill !vI' NUlllber N f.l \,/'7 is Itcrchy.
amenued as shown below:
Paragraph B of ^ 11 ic Ie J J of 1 he A llicles of Inc.orporation (J f"1 II is Curporat 1(111 is ,Ill H'IIdcd lu
read ill its entirety as follows:
ARTI CJJE II
l'l1IU'OSES
B. .For the au val/cement anu creation of, mId spunsoring cultural cxltihits alld
educational programs in connection \....ith the Holocaust I\1clllorial located OIL 11)3.\-19'15
Meridian Avelllle, Miami Beach. Florida 33139, and all other purposes related thcrclo,
Tile foregoillg aJllcnulIlenl was atlopled by the Boa.rd of lJircclors uf the Curporatiun UIl
March / r , 2002.
The foregoil/g alllcndlllcllt of the articles or incorporation of Ille l~Orp()l;jf iU11 WilS at II h, II i /:,11
by the unanimous written COllsellt of al J u f the /lIcmbers orthc CO/po/alloll ('Ilti lied (0 \ule (Ill said
amendment of the articles of incorporation 011 tv1mdl / f. 2002.
IN WITNESS WH EREOF, the IIllde/siglled, being the Vice Presldell! l"'llJt~ CUI PUI;IIIUII, "a~;
executed these Alticles of Ameildment as or l\'larch /8,2002.
HOLOCAUST 1\'IE1HORI,\L COIHMITTI~I~, INC
lNe., a Florida corpo/'afiollllof for flrofit
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L/
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By:
rTl.:/j6(dS7:1
HOd () 0 0 0 ~ 0 J to~. S-
PAGE 3/5' RCVD AT 3/2212002 10:48:32 AM (Eastern Standard Tillie)' SVR:FTLFAXl4 'DtlIS:3929' CSID:9$.1 7U 4996 . DURA 11011 II110l'HI:02-'llj
fI()oJ~{)OOO fs, 00 &, cJ J
STATE OF FLOJUDA )
) ss:
COUNTY OF-Dct.dc- )
I HEREBY CERTIl'Y that on this day, before me, an ollierr duly allthor ilCd in the Slale
aforesaid and in the County aforesaid to take acknowledgments, tile furegoing instrumel1t \vas
acknowledged before me by JIAUHY n. SMITH, the Vice Prcsidcnl (II' 1I0LOCA UST
l\1EMOIUAL COMI\UTTlm, INC, n Florida lIot for 1"'0 Ii t mrpuralion, I'rcdy alld volul1tarily
under authority duly vested in him by said corporation and that the seal atlixcd thereto is I he ITHe
corporate seal o~ said corpo~'atiOJ~. I.le is~ kllowr,I(;J~r \\1110 has produced
r) J ~ as IdentIficatIon. . _____-
WITNESS my band and official seal i/1 the County and Stale last arul csaid this ./ ~ dill'
-'-- .
of March, 2002.
~ ~---,
r'r{ ~Q. d)~~~_.,____
Notary Public d
~-PCLII.o...Ju I'OJC.
Typed, {Hinted or stamped nallle of NotalY Public
My Commission Expires:
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:f.~~~;: MARlENEP.D~
~~l MY COMMISSION' CC 727477
""It"'~ EXPIRES, Mln:h 24, 2002
Bonded ThIll Nol~ry P'Jh/rc IIndefVrrllf!f'
MIA:162661:1
HOd--O 00 0 ~ () ~ C; f
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