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Miami Gay Men's Chorus~ooy-,~> ~i~ m MIAMIBEACH 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 Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, a-mail 2. Grant amount: 3. Project description: 4. Itemized budget: 5. Contract execution deadline: 6. Expenditure deadline: 7. Project completion date: 8. Final Report deadline: Miami Gay Men's Chorus Dan Robertson PO Box 190209 Miami Beach FL 33119-0209 305.494.7160, 305.672.6809, dan hr-desipn,com $10,694.98 5090 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 November 15, 2009 September 30, 2010 June 30, 2010. 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 ~~ day of ~}P_['~vu~.nl-, 2009. atti errera Bower, ayor Signature Attest: ~ STATE OF FLORIDA, COUNTY OF MIAMI- DADE Robert Parcher, City Clerk Seal GRANTEE: Federal ID #: 65-0932623 BY: Dan Robertson/grant coordinator MGMC Printed Name of Organization's Authorized Representative (City Attorney Approval Here) APPROVED AS TO FORM & LANGUAGE . ~ ~OR_EXECUTION The foregoing instrument was acknowledged before me this~_ ay of ~.P e a~n~ y' 2009, by . o~_of f ~ a~~ Gt,Q~ 5 U~Q'~tis . anot-for-profit corporation. He/She is personally known to me or has produced ~- ~ 1lOj' t~e-(`~ as identification. Signat(Ife of Notary Public Notary Name: S'wo~`. ___If p Notary Public, State of Florida My •"'~"'~ SWATMM60lt.APU01 ~- weae • sya a paws Co~aios # ~ S/SSOS Salty~IwewIIIIOu~~w. Date Articl® 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. Project 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 to-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. Resorts: 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 Payment 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 wiU 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 fo 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 3of10 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 may be 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. 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, asset 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 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 any one 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. Assignment: The Grantee shall not be 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 ~govemed 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 Program Manager 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, the following provisions will also apply: 4of10 a. For first-time violations -Grantee shall be required to submit a final report with documentation of expenditure of all Grant funds already 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. 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 when addressed as follows: Gary Farmer, 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 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 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 I11 /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 5of10 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 and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. 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- 6of10 Exhibit 1 /Revised Project Description Organization: Miami Gay Men's Chorus Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Projecf 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 by Grants Panel: The funding from the City of Miami Beach Cultural Arts Council will help to underwrite our two largest concert programs of the 2009- 2010season. The first show is our Holiday Show "You Bet Your Brass". The second show will be our spring show "Miami Beach: Happy 95~'" which is scheduled to be performed at the Colony Theater on Friday and Saturday nights, May 21 and 22 at 8 p.m. and on Sunday May 23 at 3 p.m. We have made some changes to the first show which are described in the section below. Proiect description as revised (if applicable) based upon the Citv 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. The programming for the season will remain the same. The funding from the City of Miami Beach will still be used to help underwrite our two largest concert programs as mentioned above. In order to help compensate for the decrease in revenues from grants and other funding we have changed the location of the performance from the Colony Theater to Temple Emannu-EI at the corner of Washington Avenue and 17~' Street in Miami Beach. This venue is less expensive and will help reduce our expenditures at the beginning of the season. Due to this choice of venue the Holiday show will only have two performances. The typical Friday night performance will not be included in observance of Shabbat. The schedule for "You Bet Your Brass" is as follows: Saturday Night December 19~' at 8 p.m. Sunday Matinee December 20~' at 3 p.m. All other programming will remain the same. 7of10 Exhibit 2-A: Project Budget /Revised Total Project Budget Name of organization: Miami Gay Men's Chorus Date(s) of Project: December 19 &20, 2009 and May 21,22, & 23, 2010 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 CASH IN-KIND REVENUES CASH IN-KIND Personnel -artistic 24,240 _ Admissions 42,000 Personnel -technical _ _ Contracted services 8,500 Personnel -administration 12,000 _ Tuitions 13,950 Outside artistic fees/services 7,000 _ Corporate support 14,000 Outside other fees/services 12,250 _ Foundation support 17,000 Marketing/Publicity 6,982 _ Individual support 14,605 Space rental 14,000 _ Government grants Utilities 510 _ Federal Equipment rental 2,580 _ State Office supplies 530 _ Other Costs: (Itemize below) Other Contributions (Itemize below) Printing/Postage 5,251 _ Fundraising Events 5,000 Storage rental 5,489 _ _ Insurance 2,168 _ Production Expenses 13,950 4,000 Member Relations 2,500 City of Miami Beach G rant Award 10,69498 Fundraising Expense 3,000 Grantwriting Expense 0 4,500 Rehearsal Sp. Rent. 4,800 Total cash expenses 117,250 Total cash revenues 117,250 Total in-kind expenses 8,500 Totat in-kind revenues 8,500 Total project expenses 125,750 Total project revenues 125,750 CAS H ~ IN-KIND CASH 8~ IN-KIND 8of10 Exhibit 2-B: Project Budget /Revised Grant Award Budget Name of organization: Miami Gay Men's Chorus Date(s) of Project: December 19 &20, 2009 and May 21,22, & 23, 2010 Grant Award: $10,694.98 Directions: Identify and itemize cash expenses to be paid from Grant sward 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 5,000 Equipment Rental Personnel -technical _ Space rental (Performance 5,695 Related Only) Outside artistic fees Marketing/Publicity _ Total Other Costs (itemize Below) Printing _ Description Amount Postage i TOTAL (must equal grant award): 10,695 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 9of10 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 • 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 and has been previously approved as such be the Cultural Affairs Program Manager 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). Invoices AND checks must be dated within the 2009-10 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 10 of 10