Miami Gay Men's Chorus .12011 7 7
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MIAMI BEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011/12 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami Beach,
Florida (the City), and (Grantee).
Article l / Grant Description
1. Grantee: Miami Gay Men's Chorus
Grant Contact: Dan Robertson -
Address: P.O. Box 190209
City, State, Zip: Miami Beach, FL 0
Phone, fax, e-mail: 305.494.7160 305.672.6809, dan(@.hr-desiqn.com
2. Grant amount: $13,155.57 50% of base award paid upon execution of this Agreement.
Remaining 50% + $2,000 Fresh Air Fund 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 -13 Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2011
6. Expenditure deadline: September 30, 2012
7. Project completion date: S ,�e. '30 Z �y
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. C► 1 1 .
IN WITNESS WHEREOF the parties hereto have executed this Agreement this day of � 1 C�,i~Lti0- T7 , 2011.
woe
Matt' Herrera Bower, Mayor
Signature
Attest:
STATE, OF FLORIDA,, COUNTY OF MIAMI- DADE
Robert Flarcher, City Clerk
(Grantee's Corp orate seal Here) The foregoing instrument was acknowledged before me
this 0rk 1qay of 2011, by
of
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anot- for - profit
corporation. II known to me r has
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6ntifi tion.
GRANTEE ... ;
Federal ID #: Signature of Notary Public
BY: �rl 7 !1. AIV 4y
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here) Notary Name :
Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
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1 s • • I My Comm. Expires Sep 21, 2012 _.
Commission # DD`64845
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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. 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 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. Report s : 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 supplythe Cultural Affairs Program Managerwith 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, 2012, must submit their final reports no later than November 15, 2012. 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 1 -2 (subject
to the restrictions therein) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre. 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 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, orto 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 participats.
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6. Bank Accounts and Bonding Monies pursuant to this Agreement shall be`kp�tr�ra� counts in,
established Miami -Dade County banks or savings and loan associations whose identities". ad k e'd 2dA ,
writing to the Cultural Affairs Program Managerwith the identity and title of individuals auth.otizeoto� raw Qr,
write checks on Grant funds. = �"
7. Accounting and Financial Review Funded activities must take place within the C;�ty's ficai';y�ea�fa`
which they are approved (October 1 - September 30).The Grantee shall keep accurate anG complete bobNks
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and records of all receipts and expenditures of Grant funds, in conformance with reasonal ccounti
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standards. These books and records, as well as all documents pertainingo 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 yearfor which they are approved and retained in Miami -Dade County in a secure
place and in an orderlyfashion 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 City, and /or its authorized
representatives, at the Grantee's offices during regular business heu�sanduponseasonable notice.
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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 thesame manner as if Grantee defaulted
under this Agreement, pursuant to Article 11.12.
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 Granteeor 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 andcontractors 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 M 2.
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. Default/Termination Provisions In the eventthe 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 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 isterminated, the following provisions will also apply:
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 ineligibleto apply and /or receive a grant in the subsequent City fiscal year.
However, Grantee will be allowed to apply for grantan 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 rec6mmendation of the Cultural Arts Council, but the final
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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 pursuantto this Section are to be repaid upon demand by
deliveringto the Cultural Affairs Managera 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 waiverof the provision or
any portion of this Agreement either at the time the breach or failure occurs, or at any time throughoutthe term
of this Agreement.
.14. Written Notices Anywritten notices required underthis Agreementwill be effectivewhen 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, Cultural Affairs Program Manager,
City of Miami Beach Dept.. ofTourism 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 agreementof 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 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 and agrees to comply withthe following Special Conditions:
The Grantee hereby agrees that 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 Human Rights Ordinance as
codified in 'Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age.
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y
The City endorses the clear mandate of the Americans with Disabilities Acbf 1990 (ADA) to remove
barriers, which prevents qualified individualswith disabilities from enjoyingthe 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 EXPRESSLYWAIVE 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 BLAND
n
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Exhibit 1 / Revised Project Description
Organization: Miami Gay Men's Chorus
Completely describe Project approved by the Grants Paneland in a separate narrative detaila // 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 Pane
Project: Miami Gay Men's Chorus 2011 -2012 Season. Our funding request is to help
underwrite our two largest concert programs of the 2011 -2012 season which will be
performed in Miami Beach at the Colony Theater and rehearsals for a minimum of two free
outdoor concerts to participate in the Fresh Air concert series in the City of Miami Beach.
Both concert programs will be original programs created for our loyal audiences while the
free performances give us a great opportunity to have fun, express our gratitude expand our
mission by performing choral repertoire for new audiences.
"Tales from Toyland " -MGMC Holiday Concert. Our annual holiday concert which has
become a favorite of our audiences over the years will be performed at the Colony Theater.
The show will include some of our favorite holiday characters including Mr. and Mrs. Claus.
As they prepare for the big day Mrs. Claus feels neglected as Santa is preoccupied with his
Fists of good boys and girls. She vies for his attention with a disco version of "Santa Baby"
singing with her backup elves, Tinsel, Chestnut, Hollyberry and Arnold, but to no avail. The
first act opens in Santa's Toy Shop with an'inventory of songs sung by the toys. (played by
the chorus) including the ballerina- "Dance of the Sugar Plum Fairies ", the china dolls -
"Three Little Maids from School ", the teddy bears - "Let Me Be Your Teddy Bear" and the
cowboy - "Christmas for Cowboys ". In Act II we hear from the children on Santa's list as they
reveal their.Christmas wishes including "All I want for'Christmas is My Two Front Teeth ", The
Little Boy that Santa Claus Forgot "I Saw Mommy Kissing Santa Claus" and many more
songs to get you in the mood for the holidays. Of course there will be lots of fun and I can't
reveal what finally transpires between Santa and Mrs. Claus, only to say that Christmas
comes off without a hitch.
Show Dates: "Tales from Toyland" December 16 -18 Colony Theater
Target Audience:
Our target audience for this show will be local Miami Beach residents of all ages, friends and
family of our members, and tourists that are in town for the holiday season who would love a
Kittle holiday fare to get into the spirit. We primarily attract audience members from Miami
Beach, the Biscayne corridor, Miami Shores, Coconut Grove and Coral Gables with a few
audience members even driving in from Broward County.
Guest Artists:
Local musicians from The New World Academy /Symphony and the University of Miami's
Frost School of Music, such as Mark Spencer and Fred Wickstrom perform at all our shows.
The Third Annual MGMC Choral Festival "Together in Song"
This will be the third installment of the festival with the mission to bring together diverse
choral organizations for an afternoon of wonderful music making and community. building.
Artistic Collaborations: On the schedule are the eight choral groups that just performed at
our second annual Choral Festival held at Trinity Episcopal Church on February 26, 2011
which consist of The Anglican Chorale.of Southeast Florida, Entrevoces Choir, (a choir of
Venezuelan singers), The Chancel Choir of Coral Gables Congregational United Church of
Christ,, Insignia, The Gay Men's Chorus of South Florida, the Civic Chorale of Greater Miami ,
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Din,ggin (a choir of singers of Philipino descent), and MGMC:
Project Summary Page 2.
We have extended invitations to several additional choral groups with a deadline for
acceptance to determine the final Lineup by June 1. The final set of songs for the festival
includes the Festival Choir of all attending singers joining to sing the final three songs of the
festival.
Guest Artists:
All performing groups bring their own accompanist. MGMC can provide an accompanist and
organist if requested.
Target Audience:
Our target audience for the choral festival are the audience members of each diverse group
along with members of the south Florida community that enjoy choral or spiritual musical
performance.
Saturday February 25 Venue to be determined 8 p.m.
"And Tango Makes Three (A Children's Musical) Insignia
This will be a musical based on the children's book of the same title by Justin Richardson
and .Peter Parnell. This is the true story of Roy and Silo, two male Chinstrap Penguins in New
York's Central Park Zoo. The pair-were observed bonding and trying to hatch a rock that
resembled an egg. Zookeepers obtained an' egg from a male - female penguin, couple that
were unable to hatch two eggs at one time. Roy and Silo hatched the egg and continued to
raise the young chick, a female named "Tango" by the zookeepers, and became the latest
penguin family in the Central Park Zoo.
Show Times and Dates: "And Tango Makes Three" April 8 North Beach Bandshell
Target Audience:
Our target audience for this show is the GLBT community, the GLBT supporting community,
friends, families and most importantly children. This show supports our mission by allowing
us to entertain a diverse, expanding audience as we produce a fun - filled entertaining show
geared to children of all ages.
"Who's Your Diva ?! — MGMC Spring Concert. This concert will be the second of the
season at the Colony Theater and will be a tribute to thevomen that have inspired us
through film and song. As gay men we all relate to our divas and each year there seems to
be a new gay anthem that becomes "The Song" that fills the dance floor the second the DJ
starts to spin. Nothing moves us more than a beautiful love ballad or an anthem of
independence. Well -this concert will celebrate the icons that have moved us through
generations of our inner growth from Bette Midler to Barbra Streisand, Diana Ross and
Deborah Cox. We may even have a surprise appearance by a local Diva or two!
Show Times and Dates: "Who's Your Diva ?" June 8 -10 Colony Theater
Guest Artists:
For this concert we will hire musicians from the New World Academy /Symphony and the
University of Miami's Frost School of Music.
Denver Gala 2012
MGMC will be representing Miami Beach and Miami -Dade County at the International
Festival of GLBT Choral Organizations (GALA) in Denver - from July 7 -13, 2012. This is an
International event that is held every four years with choral groups from around the world
performing and attending workshops and sharing music.
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Project description as revised (if applicable) based upon the City Commission approved I 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 ,were and are no changes at this time to the program originally submitted.
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Exhibit 2 -A: Project Budget / Revised Total Project Budget
Name of organization: Miami Gay Men'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 35000. 0 Admissions 487000
Personnel - technical 12250 0 Contracted services 6000
Personnel - administration 12000 0 Tuitions 14400
Outside artistic fees /services 7000 0 Corporate support 15000
Outside other fees /services Foundation support 15000
Marketing /Publicity 8905.57 4000 Individual support 15000
Space rental 21000 Government grants 0
Utilities 500 Federal 0
Equipment rental 3000 State 0
Office supplies 6400 1000 Cash OnHand 1500.
Insurance 2200 Fund Raising 7500
Member Relations 2500 Production 3000
Other Costs: (Itemize below) Other Contributions (Itemize below)
Production Expenses 21500 3000_ Marketing 4000
Member Relations 2500 Printing Services 1000
Grant App Services 6000 Website /Graphics 6000
Website /Graphics 6000
City of Miami Beach Grant Award 13,155.57
Fresh Air Fund $2
Total cash expenses 132,255.57 Total cash revenues $132,255.67,
Total in -kind expenses 20000 Total in -kind revenues '$20,000
Total project expenses 152,255.57 Total project revenues $152,255.57
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Miami Gay Men's Chorus
Date(s) of Project: Nov 1, 2011 through Oct 31, 2012
Grant Award: $13,155.57 + $2,000.00 Fresh Air Fund
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 7500 Equipment Rental
(NOT administrative)
Personnel — technical 2500 Space rental (Performance
Related Only)
Outside artistic fees 5155.57
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): 15,155.57
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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ITIEMI7ED MST OF PRODUCTION EXPENSES
Costumes $ 4,000.00
Video Production D V D $ 1,000
Props /Staging $ 3,40
Set Design $ 2,400.00
'Sheet $ 3,200.00
Set Design /Construction $ 2;000.00
Rehearsal Track Recording $ 4,000.00
Truck rental $ 500.00
Scri Writer $ 1,000.00
Total $ _.
Cost to rent. a storage unit for a year to
store supplies such.as equipment, risers,
costumes, music, props, sets, etc. $ 7,200.00
t
Grant Use Restrictions (grant funds may 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
• Insurance Fees (Cultural Anchors excluded from this restricticn)
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 2011 -12 Fiscal
Year
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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