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Miami Gay Men's Chorus Grant $13,473.88 � 0 u yo2s ® MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2012/13 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach, Florida (the City), and (Grantee). Article I / Grant Description 1. Grantee: Miami Gay Men's Chorus Grant Contact: Dan Robertson Address: P.O. Box 190209 City, State, Zip: Miami Beach, FL 33119-0209 Phone, fax, e-mail: 305.494.7160, 305.672.6809, dan _hr-design.com 2. Grant amount: $13,473.88 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, 2012 6. Expenditure deadline: September 30, 2013 7. Project completion date: _September 30, 2013 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF he parties hereto have a ement this day of , 2012. Mat' e a Bow ayor =. Attest: INCORP ORAT art re J OF FLORIDA, COUNTY OF MIAMI-DADE Rafael GrarAdo, Cit y Clerk I -.0 (Grantee's Corporate Seal Here) 'H 2 e foregoing instrument was acknowledged before me this-29th-day of October 2012, by Keith M Hart of _Miami Gay Men's Chorus ,a not-for-profit corporation. He/She i personally known me or has produced as id cation. GRANTEE: 13-�" Federal ID#:_65-0932623 Signature of Notary Public BY:_Keith M Hart Printed Name of Organization's Authorized Representative (City Attorney Appr ED AS TO Notary Name: FORM &LANGUAGE Notary Public, State of Florida &c FO ECUTION DAWN SAUNDERS M C Notary EX- tate of Florida = 2016 My _. o o; Commission#EE 203 r ttorney at ` 0��;� Bonded Through National Notary Assn. row 4� e Notary Public, State of Florida My Commission Expires: 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 2-13 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, 2013, must submit their final reports no later than November 15, 2013. 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 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. 2 of 10 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 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 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, 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 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 a ri se as a result o f 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 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 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. 3of10 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: 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 1-1 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. 4 of 10 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 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 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. 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- 5 of 10 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 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. Protect description as approved by Grants Panel: Miami Gay Men's Chorus 2012-2013 Season. Our funding request is to assist in underwriting our concert program of the 2012-2013 seasons 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. All Concert programs will be original programs created four our loyal audiences while the free performances give us great opportunity to express our gratitude, expand our audience base, have fun and re-enforce our mission by performing choral repertoire for new visitors and residents of the Miami Beach community. "Bells In Boyland"—MGMC Holiday Concert. Our annual holiday concert which has become a favorite for our audiences over the years will be performed at the Colony Theater. The show, in conjunction with a number of bells choirs from the South Florida community, will consist of Men's voices accompanied by hand bells. We will be collaborating with Coral Gables Congregational Church to commission one or two pieces to be premiered at this series of concerts. In keeping with the holiday tradition of the MGMC,this will be a scripted program that will approach the holiday season with humor and heart...and...some twists. Show dates: "Bells in Boyland"December 14-16, 2012 Colony Theater Target Audience: Local Miami Beach residents of all ages, friends and family members, and tourists that are in town for the holiday season who would love a little holiday fare to get into the spirit. We attract residents and visitors from Miami Beach, the Biscayne corridor, Miami Shores, Coconut Grove, Coral Gables and 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. In addition select bell choirs from the South Florida area. The Fourth Annual MGMC Choral Festival "Together In Harmony" This annual festival that has a mission of bringing together diverse choral organizations from around Miami Beach, Miami-Dade County and the South Florida areas for a day of community building, education and culminating in an evening of extremely wonderful and diverse music. This year we will be adding workshops for Artistic Directors and Board members of participating choirs in addition to a master class for choral singers. Artistic Collaborations: This event held at the Trinity Episcopal Cathedral in late February/early March is a great opportunity for people to hear a diverse collection of music and sound. Five choral groups have reserved, with 5 additional holding tentative spaces. The 2011 event was attended by men's& women's groups from all over South Florida, from Palm Beach County to Monroe and from Ft Myers to Miami Beach. The event closes with one mass choir singing "Together In Harmony". Guest Activists: All performing groups bring their own accompanist and artistic/musical directors which includes a list of highly talented men and women. Target Audience: members of each diverse group along with members of the South Florida community that enjoy choral performance. "Oliver Button is a Sissy" -INSIGNIA Ensemble Concert 6of10 Overcoming adversity to be true to yourself. A thirty minute musical based on the children's book by Tomie DePaola. Oliver doesn't like sports like the other boys do. He likes to read, draw pictures, and dress up in costumes, and sing and dance. Even his father calls him a"sissy" and tells him to play ball. But Oliver isn't good at sports and he isn't interested. His mother tells him he needs to get some exercise, and when Oliver mentions he likes to dance, his parents enroll him in Ms. Leah's Dancing School. His father says it is, "Especially for the exercise." Oliver loves to dance and loves his shiny new tap shoes. However, it hurts his feelings when the other boys make fun of him. One day when he arrives at school, he sees that someone has written on the school wall, "Oliver Button is a sissy." Despite the teasing and other bullying, Oliver continues dance lessons. In fact, he increases his practice time in hopes of winning the big talent show. When his teacher encourages the other students to attend and root for Oliver, the boys in his class whisper, "Sissy!" Although Oliver hopes to win and does not, both of his parents are very proud of his dancing ability. After losing the talent show, Oliver is reluctant to go back to school and be teased and bullied again. Imagine his surprise and delight when he walks into the schoolyard and discovers that someone has crossed out the word "sissy" on the school wall and added a new word. Now the sign reads, "Oliver Button is a star!" Show Times and Dates: April 13 or 14, 2013 Venue to be Determined Target Audiences: Our target audience for this event will be families and especially younger people dealing with"being different". This show supports our mission by allowing us to entertain a diverse, expanding audience as we produce a fun-filled entertaining show geared to families, straight or GLBT. "Brave Souls and Dreamers"—MGMC Spring Concert This inspirational concert celebrates the lives of visionary leaders who have challenged prejudice and violence: Harvey Milk,Nelson Mandela, Mother Teresa, Judy Shepard and more, featuring music by Bob Dylan, Holly Near, and Stephen Sondheim. The center piece of the concert, featured in the second half of the program, is the extended work"Brave Souls and Dreamers." This work is inspired by the words of Ghandi, Jesus, Mother Teresa, Isaiah, Jimmy Carter, Confucius, Buddha and the Qur'an and was composed in response to current raging wars. The powerful 43 minute multi- movement piece is scored for chorus, instrumental ensemble, and four soloists including voices of Mother, Sage and two soldiers. Show Times and Dates: May 31 —June 2, 2013 —Colony Theater Target Audience: Everyone in the community that has experienced changed lives by virtue of such a brave soul. Guest Artists: For this concert we will be using musicians from the New World Academy/Symphony and the University of Miami's Frost School of Music. Along with Mark Spencer and Fred Wickstrom, who perform at all of our concerts. 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. No changes 7 of 10 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 35,000 0 Admissions 44,950. Personnel -technical 0 0 Contracted services 6,000 Personnel - administration 12,000 4,000 Tuitions 14,400 Outside artistic fees/services 12,000 1,600 Corporate support 4,000 7,500 Outside other fees/services 10,000 3,000 Foundation support 10,000 Marketing/Publicity 5,000 2,000 Individual support 6,526 2,000 Space rental 20,000 Government grants Utilities 500 Federal Equipment rental 2,000 1,000 State Office supplies 6,500 3,500 Local-Mia Dade Cnty 25,000 Cash on Hand 1,000 Other Costs: (Itemize below) Other Contributions (Itemize below) Find Raising 2,000 1,000 Special Events 5,600 Prof Dues 1,900 0 Private Support 2,500 Website/Graphics 4,000 3,000 Production 3,000 Production 14,000 4,400 Marketing/Adv 2,000 Travel&Insurance 2,050 500 Website 1,000 City of Miami Beach Grant Award 13,473.88 Fresh Air Fund $ 2,000.00 Total cash expenses 126,950 Total cash revenues 126,950.88 Total in-kind expenses 24,000 Total in-kind revenues 24,000.00 Total project expenses 150,950. Total project revenues 150,950. CASH & IN-KIND CASH & IN-KIND 8 of 10 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Miami Gay Men's Chorus Date(s) of Project: Grant Award: $13,473.88 + $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 10,000.00 Equipment Rental (NOT administrative) Personnel —technical Space rental (Performance 3,473.88 Related Only) Outside artistic fees 2,000.00 Marketing/Publicity Total Other Costs (itemize Below) Printing Description Amount Postage TOTAL (must equal grant award): 15,473.88 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 9 of 10 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 • Insurance Fees (Cultural Anchors excluded from this restriction) • 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 2012-13 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