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Miami Choral Society Grants Ag. ;IO.- ~ City of Miami Beach Cultural Arts Council 2001/2002 Cultural Arts Grant Agreement This Grant Agreement is entered into this 28th day of December, 200 1 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Miami Choral Society (Grantee). 1. Grantee: Address City, State, Zip Phone, fax, e-mail Grant amount: Article I / Grant description Miami Choral Society 1533 Sunset Drive Suite 215 Coral Gables FL 33143 305- 662-1494 305- 662-1495 miamichor@aol.com $3,000 50% paid upon execution of this Agreement. 2. With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees and aclcnowledges, that the original 50"/6 remaining balance of the grant amount may be reduced by the City as a result of a potential shortfall in the City's Resort Tax collections, said collections to be determined by the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant amOU1lt of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a result of any potential shortfall in the grant amount. Final payment will be made by September 30, 2002, and upon completion of Project, submission and approval of final report. ,. 3. Project description: See Exhibit I, attadted hemo 4. Itemized budget: See Exhibits 2-A and 2-B, attadted hereto 5. Expenditure deadline: 8eotember 30. 2002 6. Project completion date: June 30, 2002 1. Report deadline: No later than 90 days after Project Completion Date. '. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 28th day of December, 2001. GRANTEE/ Miami Choral Society Print Name of Organization Federal ID # 23-7250811 BY: Robert L. Brookes ~.~N 7~!- Signature ~r~~ Robert Parcher, City Clerk (Gl'lllttee;s Co~te seal) -"-' / -./>~ /'- ,~.-::: :. ~~ -.-r '::::- -..--' "..-/ == / , / ~-' .~~ -:: ? - -,'--" /. BY: Lucrecia Loumiet Printed Name of Executive Director ~~ APPROVED AS TO . FORM & LANGUAGE & FOR EXECUTION .' Article II I 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be refened to herein as the "Director of the Council." 2. Proiect Descriotion: The Grantee may only use the Grant for the purposes that are specifically desaibed 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. 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. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall' not be pennitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justifying the need for such changes. All Grant recipients must participate in at least one ArtsBeach Second Thursdays (see Article m~ 19). The following City of Miami Beach" Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) oftheir choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s). Miami Beach "Anchors" for 200 112002 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualify it from future consideration from the City's Cultural Arts Grant Program. 3. Reports: This Grant has been awarded with the understanding that the descn"bed Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50"10 of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's Fiscal Year on September 30, 2002. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant amount. Cost overrons are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award. 5. Pro2l'llIIl Monitorinl!: and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. I 6. Bank Accounts and Bondine:: 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 Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accountinl!: and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be 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 Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthennore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, 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 MiaIIIJ Besch CIIItunIl Arts Counci1logo and the following credit line in all publications related to this Grant: THE CITY OF MlAMI BEACH. 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 11-12. 9. Liability and Indemnification: The Grantee shall indemnify and hold hannless the City and its officers, employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instnnnentalities 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 employees, agents, SetVlll1ts, partners, principals or subcontractors. 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 the responsibility to indemnify, keep and save hannless and defined the City or its officers, employees, agents and instrumentalities 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 anyone 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 occum:nce, 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. Assilmment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. II. Comoliance 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 Contlict 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 VU of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. DefaultITennination Provisions: In the event the Grantee shall fail to materially confonn with any of the provisions of this Agreement, the Director of the Council may 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 a breach of any tenn or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement. The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. 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 DeadIine; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council 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 by delivering to the Director ofthe Council a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. InduIlrence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn 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 of the breach offailure occurs or at any time throughout the term of this Agreement 19. 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- I of this Agreement, and to the City when addressed as follows: David Whitman, Director, Miami Beach Cultural Arts Council. 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. IS. Caotions Used in this A2I'CCt1lent: Captions, as used in this Agreement, are for convenience ofreference 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 Reoresents Total A2I'CCt1lent: 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 HI I Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is perfonning a public purpose through the programs, projects, and services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. All Grant recipients must participate in at least one" ArtsBeach Second Thursdays" (Second Thursdays), a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article 11- 12 herein. [The remainder of this page is left intentionally blank] Exhibit 1/ Project Description [Note: The following Project Description is revised to represent the possible Grant reduction, as a result of the potential City Resort Tax shortfall.] Organization: Miami Choral Society, Inc. Project title: Sharing the Joy of Singing Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. A CZECH CELEBRA nON is a special concert by the MCC in celebration of the Sister City relationship between Miami Beach and Cesky Krumlov. It will take place at the Miami Beach Botanical Garden on Thursday, November 8,2001 at 6:00 PM. The presentation will start at the Holocaust Memorial and continue with a candlelight procession to the Botanical Garden where the MCC will sing excerpts from Czech Songs for Children's Chorus by Frantisek Domazlicky as well as selections based on poetry written by children while in concentration camps in Terezin. This ceremony is being coordinated by Raquel Vallejo and co-chaired by Daniela Retkova, former Press Secretary for the President of the Czech Republic. It will also involve the American Czech-Slovak Club and the Miami Beach International Sister Cities. ALL TOGETHER NOW - a series of community sing-alongs - is a project initiated by the Miami Children's Chorus to help Get America Sin&ing ... A&ain! Begun in October of 1997, it is the MCC response to a call put out by MENC- The National Association for Music Education. MENC is a professional association of over 65,000 music educators dedicated to building up America's musical culture and providing a quality music education for every child. The Miami Children's Chorus supports their mission and is itself cornmited to providing positive musical experiences for children. This project has two main objectives: 1) Promote community singing by school age children and adults all across Miami-Dade County. 2) Promote the preservation of songs that reflect our multi-cultural heritage. For each presentation MCC uses the songbook "Get America Singing...Again!" We believe that through singing, we can offer a vehicle by which the community can gain a deeper understanding and appreciation of its diversity. Last year the Miami Beach Performing Arts Academy joined in All Together Now at the Miami City Ballet and the North Dade Regional Library. MCC Artistic Personnel Involved Timothy A. Sharp, Music Director Cindy Kohanek, Assistant Music Director Alan Ngim, Principal Accompanist Anne Beetem, Accompanist MCC Advanced, Intermediate and Training Chorus - (One choir serves as host at each location.) Times and Locations Saturday, February 23, 2002 Miami City Ballet 2225 Liberty Ave. 11:30 am - 12:30 pm Thursday, May 9,2002 Miami Beach Community Church 1620 Drexel Ave. 6:00 PM - 7:00 PM Saturday, October 27,2001 · West Kendall Regional Library Saturday, March 23,2002. North Dade Regional Library Saturday, January 26, 2002. Miami-Dade Public Library - Homestead Branch Saturday, April 20, 2002. West Dade Regional Library I REVISED PROJECT NARRATIVE Organization: Miami Choral Society, Inc. Project Title: Sharing the Joy of Singing The following narrative describes the MCC project based upon the grant award received from the City of Miami Beach Cultural Arts Council and the City of Miami Beach. A CZECH CELEBRATION is a special concert by the MCC in celebration of the Sister City relationship between Miami Beach and Cesky Krumlov. It will take place at the Miami Beach Botanical Garden on Thursday, November 8,2001 at 7:00 PM. The presentation will open with the singing of the Czech National Anthem and the Star Spangled Banner. Other selections include Czech Songs for Children's Chorus by Frantisek Domazlicky, selections by other Czech composers and songs based on poetry written by children while in concentration camps in Terezin. MCC will be assisted by a string quartet from the New World Symphony. This ceremony is being coordinated with help from Daniela Retkova, former Press Secretary for the President of the Czech Republic. It will also involve the American Czech-Slovak Club and the Miami Beach International Sister Cities. A Czech Celebration is the MCC's participation in ArtsBeach Second Thursdays. ALL TOGETHER NOW - a series of community sing-alongs - is a project initiated by the Miami Children's Chorus to help Get America Singing ... Again! Begun in October of 1997, it is the MCC response to a call put out by MENC-The National Association for Music Education. MENC is a professional association of over 65,000 music educators dedicated to building up America's musical culture and providing a quality music education for every child. The Miami Children's Chorus supports their mission and is itself commited to providing positive musical experiences for children. With support from the City of Miami Beach, MCC will make one presentation in the City of Miami Beach. It will take place at the Miami City Ballet. This project has two main objectives: 1) Promote community singing by school age children and adults all across Miami-Dade County. 2) Promote the preservation of songs that reflect our multi-cultural heritage. For each presentation MCC uses the songbook "Get America Singing...Again!" We believe that through singing, we can offer a vehicle by which the community can gain a deeper understanding and appreciation of its diversity. Last year the Miami Beach Performing Arts Academy joined in All Together Now at the Miami City Ballet and the North Dade Regional Library. MCC Artistic Personnel Involved Timothy A. Sharp, Music Director Cindy Kohanek, Assistant Music Director Alan Ngim, Principal Accompanist Anne Beetem, Accompanist ; MCC Advanced, Intermediate and Training Chorus - (One choir serves as host at each location.) Times and Location Saturday, February 23, 2002 Miami City Ballet 2225 Liberty Ave. 11:30 am - 12:30 pm Exhibit 2-A: Project Budget I Total Project Budget [Note: The following Project Description is revised to represent the possible Grant reduction, as a result of the potential City Resort Tax shortfall.] Name of organization: Miami Choral Society Project Title: Sharing the Joy of Singing Date(s) of Project: 11/08/01 and 02/23/02 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 3.242 0 Admissions 0 0 Personnel - technical 1.500 0 Contracted services 3,000 0 Personnel - administration 4.147 0 Tuitions 3,032 0 Outside artistic fees/services 1.000 0 Corporate support 1,500 3,300 Outside other fees/services 1.250 0 Foundation support 3,500 0 Marketing/Publicity 3,458 2,450 Individual support 1,590 1,500 Space rental 700 1,350 Government grants 5,437 0 Travel 785 0 Federal 0 0 Utilities 480 0 State 632 0 Equipment rental 0 1.000 Office supplies 719 0 Insurance/Security 1.084 0 . Other Costs: ' (ltemlt.e below) Other contributions (ltemlt.e below) Music 874 0 Uniforms 0 .450 Uniforms 802 450 Piano Tunio/!; 200 0 Postage 850 0 Grant award 2.400 Total cash expenses 21,091 Total cash revenues 21,091 Total in-kind expenses 5.250 Total in-kind revenues 5,250 Total project expenses 26.341 Total project revenues 26,341 (cash + in-kind) (cash + in-kind) : Exhibit 2-B: Project Budget I Grant Award Budget [Note: The foIlowing Project Description is revised to represent the possible Grant reduction, as a result ofthe potential City Resort Tax. shortfaIl.] Name of organization: Miami Choral Society Project Title: Sharing the Joy of Singing Date(s) of Project: 11/08/01 and 02123/02 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Graat Exoeues Personnel- artistic 810 -0- 200 500 Personnel- administrative Travel (local only) Outside artistic fees Other costs (ltemJu beWw) Music 450 Piano Tuning 70 TOTAL 2.400 , Grant requirements: Grant monies nuat H spml within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City a/Miami Beach" Grant funds may not be used for: Remuneration of City employ=! fur any services rendered as part of a project receiving a grant fi'om the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (pennanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-county travel or transportation FWldraising events Hospitality events Events not open to the public . CITY OF MIAMI BEACH CULTURAL ARTS COUNCIL BANK ThWORMATION FORM The following information is required as a condition of your contract. Please complete and return this form with your contracts. · Designated bank in which funds will be kept: Commercial Bank of Florida · Address: 1533 Sunset Drive City: Coral Gables State: FL Zip Code: 33143 · Account Number: 9021001952 · Persons authorized to withdraw funds or to write checks: Name: Robert L. Brookes Title: Chairperson Title: Executive Director Name: Lucrecia Loumiet Name: Timothy A. Sharp Name: Juan P. Loumiet Title: Music Director Title: Treasurer · Completed by: Timothy A. Sharp Date: December 28, 2001 <5~~ Auth~rized Signature