Miami Children's Chorusm MIAMIBEACH ~~a~~~y~`~
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2009/10 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 24th day of September, 2009, between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I /Grant Description
1. Grantee: Miami Children's Chorus
Grant Contact: Jenna Ward
Address: 1533 Sunset Drive #215
City, State, Zip: Coral Gables FL 33143
Phone, fax, a-mail : (305) 662-7494, (305) 662-7494, jwardCa~miamichildrenschorus.org
2. Grant amount: $5,417.18 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
5. Contract execution deadline: > ~ November 15, 2009
6. Expenditure deadline: September 30, 2010
7. Project completion date: June 30, 2010.
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 7th_ day of _October , 2009.
Mai errera ower, Mayor Signature
Attest:
Robert Parcher, City Clerk
Seal
GRANTEE:
FederallD #:
BY:
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here)
STATE OF FLORIDA, COUNTY'OF MIAMI- DADE
The foregoing instr~~ru~~ment was acknowledged before me
this~_day of V G-~-t~ ~.-r 2009, by
of
anot-for-profit
corporation. He/She is personally known to me or has
produced as
ide ifi tion.
nature of Notary ublic
Notary Name: ~~~ ~~ ~S ~,~ ~ ~
Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
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Article II /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the City Manager or his authorized designee, who shall be the
City's Cultural Affairs Program Manager.
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.
A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must
demonstrate this match through cash, other matching grants and/or In-Kind contributions not in excess of
25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10%)
per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding
sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the
prior written consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the
project's commencement, in writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its
purpose, the Grantee must supply the Cultural Affairs Program Manager with a written Final Report
documenting that the Grantee has fulfilled all requirements. This report must be received, by the Cultural Affairs
Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the
end of the Fiscal Year, or September 30, 2010, must submit their final reports no later than November 15,
2010. New Grant awards will not be released until all Final Reports for previous years' funding are
received.
4. Amount of Grant and Pavment Schedule: The total amount of the Grant is specified in Article I-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of
the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct
an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience
Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants.
6. Bank Accounts and Bonding: Monies received 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 with the identity and title of individuals authorized to withdraw
or write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for
which they are approved (October 1'-September 30).The Grantee shall keep accurate and complete books
and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting
standards. These books and records, as well as all documents pertaining to payments received and made in
conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled
checks, shall be dated within the fiscal year for which they are approved and retained 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 I-5. These books, records, and documents maybe examined by the City, and/or its
authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
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8. Publicity and Credits: The Grantee must 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 II-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
resulting from the performance if this Agreement by the Grantee or its officers, employees, agents, servants,
partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. Grantee expressly understands and agrees that any insurance protection required by this
Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold
harmless and defined the City or its officers, employees, agents and contractors 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 Flo'rida~=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 any one person
which exceeds the sum of $100,000`,'or aiiy'claiin or judgment or portions thereof, which, when totaled with all
other claims orjudgments paid by the government entity arising out of the same incident or occurrence, exceed
the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of
action which may arise as a result of the negligence~of the Grantee entity.
10. Assignment: The Grantee shall not 6e permitted to assigri~this Grant, ancf any purported assignment
will be void, and shall be treated as" ari event of default pursuant to Aitiirle ~l 1-12. ~~
11. Compliance with Laws: The ~rantee'agrees to` abide by`and 6e governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and
Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs,P~rogram Manager may terminate this Agreement and withhold or cancel
all or any unpaid installments of the Grarit 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 germinated, the following provisions will also apply:
a. For first-time violations-~Gr~ntee, sha,N be required to submit a final report with documentation of
expenditure of all Grant funds alreaciy.~received (first,half) up to the termination date. .
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 grants in future fiscal years.
b. For more than first-time violations -Any compliance infractions beyond first-time violations will be
considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration,
the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the
final decision as to 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 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 a certified check for the total amount due, payable to the
City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence 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 the breach or 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 whenaddressed as follows: Gary Farmer, Cultural Affairs Program Manager,
City of Miami Beach Dept. of Tourism Arid Cultural Development, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed`or" construed as~in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total'Agreemenf: 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 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 programs, projects, and/or services recommended for
support. As such, use of Grant funds for any program component not meeting this condition will be considered
a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to,
those outlined in this Grant Agreement....;:
18. The Grantee also accepts a,~d.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 discrimin~l~i,on on.the basis of race, color, national origin, handicap, or sex.
r,
The Grantee hereby agrees.4hat it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting~~fiscrimination 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 goveFned b'y, 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.
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Exhibit 1 /Revised Project Description
Organization: Miami Children's Chorus
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.
Project description as approved by Grants Panel:
The Miami Children's Chorus, through its project Voices of Youth will present three events in the City ~.
of Miami Beach during the 2009-10 season.
United We Stand will take place on Friday, November 13, 2009 at 7:00 PM at St. Patrick Church. This
performance featuring the MCC Advanced Chorus will highlight patriotic and classical music, and folk
songs celebrating the cultural diversity of the residents and visitors in Miami Beach. In addition to
appealing to the general public, special emphasis will be placed on reaching those served by the
Special Populations Programs of the City of Miami Beach -through the Social Club and Guild for the
Blind -and also the elderly residing°in° Rebecca Towers of the City of Miami Beach Housing Authority,
plus Council Towers North & South and Four Freedoms House of Miami Beach. Local veterans
organizations will also be invited. Afi this concert and for the first time in Miami Beach, MCC will I~
present "Spirit of the Child," by Canadian composer Rupert Lang. "Spirit of the Child," is a tribute to
children who have survived internatiohaPwars and conflicts all over the world. Although no particular ',
conflict is emphasized, the composer;s~inspiration was derived from the plight of children in the
Sudan, which can be discerned musically,' especially in the final section.
Rejoice In the Spirit will take plac® 6t~l=riday; April 16, 2010 at 7:00 PM at St. Patrick Church. This ~I
annual event showcases spiritualsr~gbspel~and religious music from diverse cultures as well as ~
classical music. The 2010 prograrh rtiiil include Ruth Watson Henderson's "Chansons Innocentes," a
three-movement work based on poems by e. e. Cummings. This is the first time MCC will present ~,
thiswork to a Miami Beach audience.
During the 2009-2010 season, Miami Children's Chorus will also study the treble chorus music of ~~
distinguished American composers~Ned Rorem and Daniel Pinkham, performing pieces that MCC has
never presented before in Miami Beach. Both Rorem and Pinkham are noted for their choral
compositions, and mastery of their work represents a high level of musical maturity on the part of the ~
choristers.
i
It is anticipated that MCC will contract with local musicians to accompany the chorus for United We
Stand and Rejoice in the Spirit. i
All Together Now- a free family sing.-along - is a project initiated by the Miami Children's Chorus to'
help Get America Singing... Again! Begun by the MCC in October 1997 as a response to a call put
out by MENC-The National Association for Music Education, this project consists of five sing-along
presentations throughout Miami-Dade County. Its two main objectives are to: (1) Promote community
singing by school age children and~~adults all across Miami-Dade County and (2) Promote the
preservation of songs that reflect our multicultural heritage. The presentation in Miami Beach will take
place on Saturday, February 20, 2090 at the Miami Beach Regional Library from 11:30 AM - 12:30
PM. MCC Music Director Timothy A. Sharp will lead the audience in .learning and then singing each
song. MCC will continue testing the songs it plans to use in the production of its own sing-along book
project. This presentation will be hosted by one of the choruses of MCC. They will sing two songs
and help guide the audience in participating in the sing-along.
In 2009 MCC welcomed the South Pointe Elementary School chorus led by music teacher John
Sinisgalli to the Miami Beach ATN;<they sang two songs and received t-shirts and songbooks. MCC
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expects to invite an elementary school in Miami Beach to be featured in 2010 as well. The target
audience for this presentation is families with elementary school-age children in the City of Miami
Beach. This includes families with children in public, private, parochial and home schools in the area.
We will also invite children who participate in the youth programs at North Shore Park, Scott Rakow
and Muss Park Youth Centers and local Girl Scout troops to attend.
Voices of Youth fits well with the overall vision of MCC to provide quality musical experiences for
audiences throughout Miami-Dade County. The city of Miami Beach has proven to be an ideal
location for the events of MCC. MCC presented the world premier performance of Sir Brother Sun, by
Florida composer David Brunner, in a concert held at St. Patrick Church. The composer was in
attendance as members of the New World Symphony accompanied the premier of his new work.
David commented that he rarely hears the premier of his works performed with such artistry. Sir
Brother Sun was commissioned by the MCC through the MCC commissioning project -New Works
for Children's Voices. Boosey & Hawkes, Inc has published this piece. MCC also made its first
presentation of the Chorus America Consortium Commission Like A Singing Bird by Bob Chilcott at
St. Patrick in April 2008. MCC joined with 19 other children's choirs from around the world in this
commission.
The city of Miami Beach is an area of Miami-Dade County where MCC is striving to nurture and
increase its reach. We welcome the opportunity your support gives in helping us to continue to
develop a sustained performance presence in the city of Miami Beach.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the
work is new or has never before been presented in Miami Beach.
There are two changes to the project proposal: 1) The February 20 sing-along will be held at North Shore Youth
Center. 2) Due to significant cuts in our support from all sources, our project budget has been revised
downward to a total anticipated expenditure of $36,100 (including in-kind). The major cutbacks in funding are
for the number of contracted musicians, marketing, printing, postage, and supplies/materials.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Miami Children's Chorus
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 REVENUES
CASH IN-KIND CASH IN-KIND
Personnel -artistic 9,200 0 Admissions 0
Personnel -technical 0 0 Contracted services 1,000
Personnel -administration 5,000 0 Tuitions 6,433
Outside artistic fees/services 975 0 Corporate support 5,000
Outside other fees/services 400 0 Foundation support 0
Marketing/Publicity 2,000 0 Individual support 2,000
Space rental 1,300 9,000 Government grants
Utilities/Insurance 1,890 0 Federal 0
Equipment rental - 0 -0 State 0
Office supplies/materials 350` 75 County 6,825
Other Costs: (Itemize below) Other Contributions (Itemize below)
Music/Licensing 2,575 350
Printing 1,000 0
In-County Travel 1,875 0
Piano Tuning -110 0
City of Miami Beach Grant Award 5,417.18
Total cash expenses 26;675"
Total in-kind expenses 9,425
Total project expenses 36,100 -.
CASH & IN-KIND
Total cash revenues 26,675
Total in-kind revenues 9,425
Total project revenues 36,100
CASH 8 IN-KIND
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Exhibit 2-B: Project. Budget /Revised Grant Award Budget
Name of organization: Miami Children's Chorus
Date(s) of Project:
Grant Award: $5,417.18
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 2,700. Equipment Rental 0
Personnel -technical 0 Space rental (Performance
Related Only) 0
Outside artistic fees 1,417
Marketing/Publicity 550 Total Other Costs (itemize
Below)
Printing 0
Description Amount
Postage 0
Supplies 250
Music 500
TOTAL (must equal grant award): 5 417
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts
Council."
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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