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Miami Gay Men's Chorus .12011 7 7 r 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 ` r anot- for - profit corporation. II known to me r has t rb ° produced as 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 I FO xECU-rioN 02b sou w = si H o i y � 1 a. 1 s • • I My Comm. Expires Sep 21, 2012 _. Commission # DD`64845 x' ; < < '° .� �• �' Bonded Through National Woiary'Asisn. I Iva WOW - 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. $ 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 SC - %IIc NN and records of all receipts and expenditures of Grant funds, in conformance with reasonal ccounti li ang 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. F _ ,.J0 V 1JA e N ro v / '',w n �4 ` gyp! � P Yf£9 r a# v: C leo �a'��b 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 3of11 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. 4 of 11 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 5 of 11 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 , 6 of 11 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. 7 of 11 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. 8 of 11 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 9 of 11 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 10 of 11 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. 11 of 11