Center for the Advancement of Jewish Education, Inc.m NIIAN~I SEACH
City of Miarni Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/l09''Cultural Affairs Grant Ag/r~/eement
This Grant Agreement is entered into this _ 3tiS•~ - day of ___ ~ ~'r a , 2008, between theCityofMk:mi
Beach, Florida (the City}, and (Grantee}.
Article I /Grant Description
1. Grantee: Center for the Advancement of Jewish Education. Inc.
Grant Contact Roberta Shevin
Address: 4200 Biscayne Boulevard 1st Floor
City. State, Zip: Miami. Florida 33137-3210
Plwne. fax, e-mat! 30;5-5713-4030 ext. 123. 305-576-0307, robertashevin(~caie.-miami.ora
j 2. Grant amount: $ 18,301.79 50`~b ttard ur~on execuric~n v! this Agreement. Rervvainrnry 50rb
paid upon completion of Project and submission an<f np!>rov,a! of Fine! Report.
3. Project tlescription: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract deadline: October 27, 2008
6. Expenditure deadline: September 30. 2009
7. Project completion date: February 1, 2009
8. Final Report deadline: Must be pos!marked or delivered nn later than 45 days after Project
completion date. ~~ 1~k,
hN VVITN[SS V:'11LRE01=, the parties neretc h:r;r. executed this Agreement this ~ 7 ."-day of lie r~~_u"~-._ , 2008.
~
-
ti~ I 3otvor, Pdl.^.yor
Attest: ~~~ ~ /t
Robert Panther, City Clerk
(Grantee's Corporate Seal Herel
GRANTEE:
Federal ID !i: 059-0524373
STATC OL FLORIDA, COUNTY OF MIAP~11- UnDE
The (oreyoiny instrument r:as acknowletlged before me
this~day of ~C~'-D-'~;=?J~__ 2008, by
~t o~t'~LL- ~j~ E? V ; >n of
G A T ~~ , a not-tor-profit
corporation. He.;She is personally knovm to me or has
produced as
identification.
~--. _-~
_~
Signature of Notar/Public
~o`"~`• °°*h SANDY R. YYERIIES/
g~,.~~,,~~'' MYCOMMISSIONfOD697E2B
NotaryNamo: as~1` EgPIRFSF.t,n~rvt7,2011
Notary Public, Slate of Florida J eQdeanr,eurgtrtaiy6wkar
13Y: RpbpAa Shevin gQPROV€ CIS TO
Printed Name o(Org::nituliun's Aulhurit :L.Yey e~ ~~ ~~~~UAGE
1'UttM A•Sy c
8 FOR ~ECUTION
Signature
.~ t !4 C
ttorney a
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 ttte Slate of Florida (City). The City has delegated the
responsibility of administering this Grant to the City's Cultural Affairs Program Manager or his Desiynee.
2. Project Description: The Grantee may only use the Grant for the purposes that are specificallydescribed
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 Avrarri Budget. attached hereto as Exhibit 2-B. Line item
changes to said Budget shall not exceed ten percent (10'R) per category, so long as said expenditures do not
exceed the total amount of Grant funds. Nohvithstanding the preceding sentence, amendments to the itemized
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior rovritten consent of the Cultural Affairs
Program Manager or his Desiynee. Said requests shall be made in advance, in writing, detailing and justifying
the need for such changes.
3. Resorts: This Grant has been awarded with the understanding that the described Project will enhance
and develop the Citys cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Prograrn Manager or his Desiynee 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 Desiynee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 3U, 2009, must submit their final reports no later than November 15,
2009.
4. Amount of Grant and Payment Sch_edul_e: The total amount of the Grant is specified in Article I-2 (subject
to the restrictions in Article I-2). By making this Grant, the City assumes no obligation to provide financial
support of any type vrhatever 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 fhe Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program fvlonitoring 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 •ovith the Grantee's personnel.
6. Bank Accounts and Bondino: A4onies 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 Prograrn Manager or his Designee with the identity and title of individuals
authorized to withdraw or write dtecks on Grant funds.
7. Accounting and Financial Review: The Grantee rnusl 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 tivell 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 alter the Expenditure
Deadline specified in Article 15. These books, records, and documents may be examined bythe Cultural Affairs
Program Manager or his Designee or his Desiynee at the Grantee.'s offices during regular business hours and
upon reasonable notice. Furthermore. the Cultural Affairs Program Manager or his Desiynee may, at the Citys
expense, auditor have audited, upon reasonable notice, all the financial records of the Grantee, whetheror 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 dclaulted under this Agreement, pursuant to Article II-12.
'tots
9. Liability and Indernnilication: The Grantee shall indemnity and hold harmless the City and its officers,
employees. agents and instruments from any and all liability, losses or damages, includiny attorneys' fees and
costs of defense, ~~rhich the Cityor 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 perfonrance 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,
includiny appellate proceedings; and shall pay all costs. judgments; and alorneys•' fees which may issue
thereon. Grantee expressly understands and agrees that any insurance protection required by this Ayreemenl.
or otherwise provided, shall in noway lirnil the responsibility to indemnify, keep and save harmless and defined
the Cityor its officers, employees. agents and instrumentalities as herein provided.
II the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 7613.2£3 Florida Statute. subject to the provisions of that Statutewhereby the Grantee entity
shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum of $100.000, or any claim orjudymenl 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 Qie
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 nogligenco of the Grantee entity.
10. Assignment: 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 II-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 tvliarni-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 Iv1iami Beach City Code, as amended. which is incorporated herein by reference as if fully set
forth herein.
12. De(aull?Terrninalion Provisions: In the event the Grantee shall fail to materially conform evith any of the
provisions of this Agreement, the Cultural Affairs Program A4anager or his Designee may terminate this
Ayreemenl and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days
written notice to fhe 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 reyuired 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 lerrninated and fhe 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 reyuired 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, al 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 avrerd.
Additionally. Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allovaed to apply for future fiscal year's grants programs.
h. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by lho City, through its Cultural Affairs Program fvlanager 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 Arls Council, but the final decision as to whether Grantee may he allowed to
apply for fuhrre grants shall remain within the sole discretion of the City.
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-S 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
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in writirty Irorn tfte Cultural Affairs Program fvlanager or his Designee an extension of the Expenditure Deadline
which, it approved, shall be for a period not in exceed one (1) year.
Grant funds which arc to be repaid to the City pursuant to this Section are to be repaid upon demand by
delivering to the Cultural Affairs Program ~~lanager or his Designee a certified check for the total amount due,
payable to the City of Miami Beach, Florida.
These provisions do not vraive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence 1Nill Not qe 1Naiver 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 al 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 I-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer. Cultural Affairs Program ~4anager,
City of Miami Beach Dept. of Tourism and Cultural Development. 1700 Convention Censer 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 he deemed or construed as in any way limiting or extending the language or
provisions to which such captions nrry refer.
16. Contract Represents Total Agreement: This contract. including its special conditions and exhibits,
represents the whole and total ayreernenl 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 III /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 proyrarns, projects, and services recommended for support.
As such, use of these lunds for any program component not meeting this condition will be considered a breach
of the terms of this Agreement and will allow the Cily 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 19G4 (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 vaill comply with City of R•1iami 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 Cily endorses the clear mandate of the Americans evith Disabilities Acl 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 Acl 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 vdithoul discrirninafion on the basis of any disability.
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19. GOVERNING LAlrL' AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and rernedial. 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 AGREEP,+IENT.
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY fb1AY HAVE 10 A TRIAL k3Y JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF. THIS AGRFEFJIENT.
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Exhibit 1 /Revised Project Description
Organization: Center for the Advancement of Jewish Education, Inc
Completely describe Project approved by lbe Grants Panel 2nd in a separate narrative detail all revisrorts to
ttte Project based « port the Cily Comrrrissiorr 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 by Grants Parcel:
Thu } 2'~' annual fvliami Jewish Film Festival is scheduled fm',lanuat'v 34-Fubruan: 1, ?OU9. Films will
he scrcoucd on I4liami Beach loom &tnu'day, January 24°i, and Monday, .lanuar~- 3G through Thursday,
Janu:ny 29 All films will be screened at fhe Regal South Beach Cinema. Thu schedule will include
matinees at 2:OOpnc on Tuesday, 1'1'uchccsday and Thursday. 'These tihus attract organizations to come
in groups lion all ovor the county, as well as providing geed opportunities for seniors and others w•ho
do not drive at night. ht the evening we are requesting Ihal Regal provide rivo adjoining theaters so
that we can double book some of our post popular liluts. This moans that fi Ims we be screened at b:00,
':00, 8:00 and 9:00 pm each evening. This plan will provide ti additional screenings, rc,7cresenling a
signiticaut expansion of the ild.IPF. In addition, ~~•~ will schedule our Yutmg Fihnntakers Ltstihrte, in
which teens present their oevn 10 minute tilms, for 11'ednesda}' night, .lanuary 28t°. wlcich will he a free
even[, open k, the public. 41'c arc invitin~,~ a ruunbcr ul guest lilnmrtkers and slat's to attend the lcs[ival
this year and hope that the uuiieucu will enjoy the opportunity to meet these professionals. Book lists
and an educations) aunpendium will accompany all films.
Proiect description as revised (if applicable) based upon the City Commission approved award:
Changes to projects avrarded under the Artistic Disciplines program must sti11 adhere to the reryuirenrent that the work
is new or has never before been presented in AAiami E3each.
The only major cham~e is that the Beach schedule will not bc,~in until Monday, January 2(i°'. Phis
change was necessary because the Real was not untenable to lotting us use their Iacility on a Saturda;•
ni<_<ht, and the Colony was previously honked. ~~~ c arc trying to avoid this issue for the following year
by booking the Colony now for ?010 so that we can maintain the Opening Vight tradition on Tdiami
Beach.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Center for the Advancement of Jewish Education, Inc.
Date(s) of Project: January 24. 2008 - February 1, 2009
Attach a copy of the total Project budget or list cash expenses and cash revenues
specifically identified with your program, project or events. Round v!( af! numbers to fhe
nearest dollar.
EXPENSES REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -artistic 26.400 Admissions 28 800
Personnel -technical 4.620 Contracted services
Personnel-administration 1o.5UU Tuitions
Outside artistic feesrservices 2~4U Corporate support 11.220 11.560
Outside other feesiservices 3 300 Foundation support 13.320
MarketingiPublicicy 17 800 6 600 Individual support 28,772
Space rental 8.000 Government grants 10,740
Travel 5,280 3960 Federal 0.__
Utilities 330 State 3 900 . _
Equipment rental 5 940 1_,000
Office supplies Fi60
Insurance/Security 990
Other Costs: (Itemize below) Other Contributions (Itemize below)
Film Fees & Shiioping 17_480 Film Society 5.280
Special Events __ __.. 7 920 __ Ad ~ Auction 2.210
Fees. Ticket sales 4.850 Consulates 1.652
fvtiscellaneous. Security 1 485
City of fvliami Beach Grant Aw ard 18,301.79
Total cash expenses 124.195 Total cash revenues 124.195
Total in-kind expenses 11.500 Total in-kind revenues 11.5(iU
Total project expenses 135,755 Total project revenues 135.755
CASH & IN-KIND CASH & IN-KIND
70'0
Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Center for the Advancement of Jewish Education, Inc.
Dates} of Project: January 24, 2008 - February 1, 2009
Grant Award: $18,301.79
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only
be spent within budget categories declared below. Lirre item changes to said Budget shall not exceed ten
percent (10°;,) per category, so long as said expen ditures do not exceed the total amount of Grant funds
Grant Expenses
Personnel-artistic EquiprnenlRental
Personnel -technical Space rental (Performance
Related Only} 4.000
Outside artistic fees Insurance (Performance
Related Only}
MarketingrPublicity 1,000 Total Other Costs (itemize
Below)
Printing
Description Arnourtt
Postage Film Fees fl_sat.~~
TOTAL (must equal grant award): 18.301.79
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Ivliarni Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, CulturalAffairs Program, Culturyl Arts Counrit."
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 [ravel within the Paiami Dade County area
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Acl (ADA) and Section 504 of the Rehabilitation Ac[ 0(1973
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