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Florida Grand Opera $8,856.03 CAC Grant M MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2013/14 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 30th day of September, 2013, between the City of Miami Beach, Florida (the City), and.(Grantee). Article I /Grant Description 1. Grantee: Florida Grand Opera Grant Contact: Amy Funk Address: 8390 NW 25th Street City, State, Zip: Miami, FL 33122 Phone, fax, e-mail : 954-728-9700 ext. 233954-728-9702, afunk fgo.org 2. Grant amount: $8,856.03 50%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-B Grant Budget, attached hereto 5. Contract execution deadline: November 15, 2013 6. Expenditure deadline: September 30, 2014 7. Project completion date: 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS W he parties hereto have executed this Agreement this day of 7040&r7e 2013'.y Philip L in Signature Atte \�. ,....... ... TATE OF FLORIDA, COUNTY OF MIAMI-DADE Rafael Granado, City Clerk INCORP ORATED- he foregoing instrument was acknowledged before me (Grantee's Corporate Seal Here) �♦Q��� his_ day of l.0/1 2013, by %ri T. pan fs of -Flarda G r4rd omxa,a not-for-profit corporation. He/She is personally known me or has y produced as identi i n. GRANT EE: � Federal ID#: 6477 Signature of Notary Public BY: Printed Name of Organization's Authorized Representative (City Attorney Appr A DIED Notary Name: M Ro5enl�Qy" FORM &LANGUAGE Notary Public, State of Florida &FOR EXECUTION' .•1 ""''. ALISON ROSENBLUM �. , i 1 My Commission Expires: � ;ar Expires February 24,2015 Att rney Date '''},',pa��;d:° BorMed Thru Troy Fain Inwance 800.385-7019 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. 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, 2014, must submit their final reports no later than November 15, 2014. 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). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for which they are approved (October 1 - September 30).The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami- Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by 2 of 10 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 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 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. Defau It/Term i nation 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: 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. 3 of 10 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. 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. 2OOOd et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. 4 of 10 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. I -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK- , 5of10 Exhibit 1 / Revised Project Description Organization: Florida Grand Opera Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved award. Please be as specific as possible; name of event, specific dates, venues,times, artists, etc. Use extra page if necessary. Project description as approved by Grants Panel: Through the 2013-2014 Miami Beach Outreach program, FGO will make opera accessible to every segment of Miami Beach's population of residents and visitors. The comprehensive series is comprised of several Miami Beach programs offered in collaboration with some of the area's most venerable cultural institutions. Partnership Concert Series: Young Artist Recitals at The Bass Museum Florida Grand Opera's has done a concert series at the Bass Museum since 2011. The collaboration has been so successful that FGO seeks to again collaborate with them 2013/2014. Held in the Sol M. Taplin Studio, two Young Artists perform solos and duets accompanied by the Young Artist accompanist on the Museum's Steinway grand piano. Young Artist Recitals at The Wolfsonian—FIU For several seasons, members of FGO's Young Artist Studio presented musical programs designed to complement The Wolfson ian—FIU's traveling exhibitions and/or permanent collections. FGO is scheduled to perform there on Friday, May 3, 2013. We will partner with The Wolfsonian — FIU again in 2013/2014. Young Artist event at the Holocaust Memorial In May, 2013 our Young Artists will sing "Va, pensiero" from Verdi's Nabucco to pay tribute to survivors of the Holocaust and remember those who passed during the time of this historic tragedy. This song of longing for homeland in exile will be a perfect tribute, and will provide a thematic and educational connection linking 19thcentury opera to 20thcentury history. In 2014, we will do a more in depth Nabucco preview. There will be a short presentation highlighting the plot of Nabucco, and then a Young Artist performance. Community Conversations: Next season, Florida Grand Opera will produce a series of thought provoking Community Conversations that explore the relationship between opera and issues that affect the community such as the humanities, religion and politics. Conceived as a series of panels and discussions, these events will take place outside of our performance venues in non-traditional locations. Given the topics we are addressing, our goal is to present both Nabucco conversations in Miami Beach. We have reached out to the Jewish Museum of Florida to explore the possibility of hosting them. In-School Performance: FGO will return to Miami Beach Senior High School for an in-school musical performance in school year 2013-2014. FGO has typically served Miami Beach Senior High as part of the company's annual Family Festival. FGO's Director of Education Cerise Sutton, formerly of the New World Symphony, 6 of 10 has enjoyed great success with in-school and out-of-school educational programs for FGO. An in- school performance and Student Study Guide will still be included in the program to connect the components of opera with the Sunshine State Standards, as well as other activities designed to engage students in the viable career paths possible through opera, such as set design, hair and makeup, and costuming in addition to performing. In 2013/2014 we will also return to Feinberg Fisher K-8, a relationship that began in April, 2013. Read Along, Sing Along: The "Read Along, Sing a Song" program is designed for elementary school aged children, walking them through a pre-selected story and incorporating elements from different artistic disciplines found within opera. As the children read, they may be instructed to pick up an instrument, follow a dance or sing to a melody during a high point of the story, making reading even more engaging and fun. In 2012/2013, we presented this program at the Miami Beach Regional Library. For the 2013/2014 season, we will continue to engage young children and families of Miami Beach at either the North Shore or South Shore Regional Library. Opera in the Park Concert: FGO's 2013-2014 Opera in the Park concert will be the fifth annual open-air performance, featuring Young Artist Studio members and guest artists, presented in Miami Beach. The 2013 concert will be held on April 13 in the Miami Beach band shell, and our 2013/2014 Opera in the Park concert will be presented at a similar time. This event will be open to the public and will be aimed at introducing families to the art form. Lincoln Road Art Walk: In 2013/2014 FGO will capitalize on this highly popular monthly event to promote our Unexpected Opera in Unexpected Places production to one of its primary target audiences, people in their 20s and 30s who frequent the Miami Beach bar and gallery scene. The event format features an evening of performances, arranged in three 15-minute sets performed each hour throughout the evening 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. Our Unexpected Opera in Unexpected Places production of No Exit will take place on Miami Beach on February 27, 28 and March 1, 2014. No Exit is a 1944 existentialist French play by Jean-Paul Sartre. The play is a depiction of the afterlife in which three deceased characters are punished by being locked into a room together for eternity. It is the source of one of Sartre's most famous and most often misinterpreted quotations, 1'enfer, lest les autres ("Hell is other people"), a reference to Sartre's ideas about the Look and the constant ontological struggle of being caused to see oneself as an object in the world of another consciousness. We have chosen to stage this avant-garde production at the NoWhere Lounge on South Beach. A nightclub designed for private VIP events, this space will provide a chic backdrop to an evening of opera unlike anything seen before. Patrons will have the opportunity to stay after the performance and dance until the early morning. In addition, due to repertoire changes, our Community Conversations will not focus on Tristan as it has been replaced with Thais. 7 of 10 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: Florida Grand Opera Date(s) of Project: : 10/1/2013 — 5/31/2014 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 14,500 Admissions Personnel -technical 4,500 Contracted services Personnel - administration 28,500 Tuitions Outside artistic fees/services Corporate support 10,000 1,000 Outside other fees/services Foundation support 11,643.97 Marketing/Publicity 10,000 1,000 Individual support 25,000 Space rental Government grants Utilities Federal Equipment rental State Office supplies Other Costs: (Itemize below) Other Contributions (Itemize below) City of Miami Beach Grant Award 10,856.03 Total cash expenses 57,500 Total cash revenues 57,500 Total in-kind expenses 1,000 Total in-kind revenues 1,000 Total project expenses 58,500 Total project revenues 58,500 CASH & IN-KIND CASH & IN-KIND 8 of 10 Exhibit 2-13: Project Budget/ Revised Grant Award Budget Name of organization: Florida Grand Opera Date(s) of Project: 10/1/2013 — 5131/2014 Grant Award: $10,856.03 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 5,856.03 Equipment Rental i Personnel —technical Space rental (Performance Related Only) Outside artistic fees Marketing/Publicity 5,000 Total Other Costs (itemize Below) Printing Description Amount Postage TOTAL (must equal grant award): $10,856.03 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 i 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 (Cultural Anchors excluded from this restriction) • "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 2013-14 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 MEETING NOTICES February 10 - 14, 2014 (MONDAY, February 10 10:00 a.m. CMB-MBCC Joint Health MB Chamber of Commerce Care Task Force 1920 Meridian Ave,3rd Fl. TUESDAY, February 11 9:00 a.m. Historic Preservation Board* Commission Chambers Third Floor,City Hall 9:00 a.m. Production Industry TCED Conference Room Council 1755 Meridian Ave,51h Fl. 10:00 a.m. Community Relation Board City Manager's Large Conf. Room,4't'Floor,City Hall 10:00 a.m. Miami Beach Employees' Pension Office Conf. Room Retirement Board First Floor,City Hall 11:00 a.m. Mayor's Blue Ribbon Panel City Manager's Large Conf. on Flooding Mitigation Room,4't'Floor,City Hall 1:00 P.M. GLBT Committee City Manager's Large Conf. Room,4't'Floor,City Hall 3:30 p.m. Miami Beach Human Rights City Manager's Large Conf. Committee Room,4'h Floor,City Hall WEDNESDAY, February 12 No Meetings Scheduled THURSDAY, February 13 No Meetings Scheduled FRIDAY, February 14 10:00 a.m. Miami-Dade Commission Commission Chambers on Ethics/Ethics Course Third Floor,City Hall No. 0000830324-01 * Aired on MBTV: Atlantic Broadband 77. 90(Digital) &AT&T U-verse 99 ** Commission Committee Meetings MIAMI BEACH We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historical community. For any and/or all of the above meetings, one or more members of the Miami Beach City Commission may be in attendance and participate in discussions. City Hall is located at 1700 Convention Center Drive; and the Miami Beach Convention Center is located at 1901 Convention Center Drive.Any meeting may be opened and continued and,under such circumstances,additional legal notice will not be provided.To request this material in accessible format,sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city- sponsored proceeding, please contact 305-673-7411 (voice), 305-673-7254 (fax) or 711 (TTY FL Relay Service) five days in advance to initiate your request.A meeting not noticed in the Weekly Meeting Notice ad and determined to be an emergency meeting will be posted on the bulletin boards throughout City Hall and will be available on the City's website at web.miamibeachfl.gov/cityclerk/ Fla.Statute 286.0105 Notices of meetings and hearings must advise that a record is required to appeal.Each board,commission,or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing,if notice of the meeting or hearing is required,of such board,commission,or agency,conspicuously on such notice,the advice that,if a person decides to appeal any decision made by the board,agency,or commission with respect to any matter considered at such meeting or hearing,he or she will need a record of the proceedings,and that,for such purpose,he or she may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.The requirements of this section do not apply to the notice provided in s.200.065131.