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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2005/2006 Cultural Affairs Grant Agreement
City 01 Miami Seacll
Cultural Affairs Program
TourIsm and Cultural Development
This Grant Agreement is entered into this ;;.. L ~ay of ,\jt ~
Miami Beach, Florida (the City), and (Grantee).
, 2005, between the City of
Article II Grant Description
1.
Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail:
Miami Gay Men's Chorus
Dale Penn
PO Box 190209
Miami Beach FL 33119
(305) 534-3332, (305) 531-9158, Dale@miamigaychorus.org
2. Grant amount: $7,845.43 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final Report.
Project description: See Exhibit 1, attached hereto
Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
Contract deadline: November 4, 2005
Expenditure deadline: Sevptember 30, 2006
Pr . ct completion date: June 30,2006.
In I R port deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
S HEREOF, the parties hereto have executed this Agreement this '2-"2 day of 7:lecuv-~ ,2005.
STATE OF FLORIDA, COUNTY OF MIAMI- DADE
'Grantee's Coroorate Seal Here)
The foregoing instrument was acknowledged before me
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thisKdayof dJVt. ~llJW 2005, by
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GRANTEE:
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Notary Name:" r N1)~ 0"'-- ~ L ~ ~
Notary Public, State of Florida
Federal 10 #:
My Commission Expires: L\ - b -- '}OD l1
:1JJU, ().IL. J - q- 06 ~~~y P(l~ Not~ry Public State of Florida
---:- ~~' · ~ Patnck J Casey Jr
City AttOrney. Date ,\c_ i My Commission 00420005
OF ,\.0 Expires 04/18/2009
BY:
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Article III 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's Cultural Affairs Program Manager or his Designee.
2. Proiect 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.
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 Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written
consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in advance, 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 or his Designee with a written final
report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural
Affairs Program Manager or his Designee within 45 days of the Project's completion date. Grantees
completing their Project by Fiscal Year End, September 30,2006, must submit their final reports no later than
November 15, 2006.
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 overruns 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, and execution of this Agreement by the parties hereto.
5. Prooram Monitorino and Evaluation: The Cultural Affairs Program Manager or his Designee may
monitor and conduct an evaluation of operations and the Project underthis Grant, which may include visits by
City representatives to observe the Project or Grantee's programs, procedures, and operations, orto discuss
the Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bondina: 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 or his Designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accountino and Financial Review: The Grantee must 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, 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 Cultural
Affairs Program Manager or his Designee or his Designee at the Grantee's offices during regular business
hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee 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. Publicitv 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 11-12.
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9. Liability and Indemnification: The Grantee shall indemnify and hold harmless 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 instrumentalities 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, servants, 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 harmless
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 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.
to. Assianment: 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.
11. 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 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this
Agreement and withhold or cancel all or any unpaid installments ofthe Grant upon giving five (5) calendar days
written notice to the Grantee, and the City shall have no further obligation to the Grantee underthis Agreement.
Further, in the event oftermination, 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 and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations - Grantee shall be required to submit a final report with documentation
of expenditure of all grant awards already received (first half) prior to the termination date. If such report is
not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee
shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee
will not receive remainder of this Grant award.
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 future fiscal year's grants programs.
b. For more than First-time violations - Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee 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.
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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 or his Designee 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 or his Designee 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. Indulaence 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 of the breach of 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, Interim 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 Aareement: 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 Aareement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, exceptthose 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 1111 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 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.
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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 ofthis 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 TOA TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, ORARISING
OUT OF, THIS AGREEMENT.
.
-The remainder of this page is left intentionally blank-
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Exhibit 11 Revised Project Description
Organization: Miami Gay Men's Chorus
Project title:
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.
Proiect description as approved bv Grants Panel:
The MGMC is requesting funding to support its Holiday Show, Winter Party Concert and
Spring Show. The Holiday show, "Holly Follies," will be performed at the Colony Theatre on
December 9 and 10, 2005 at 8:00 p.m., and on December 11, 2005 at 6:00 p.m. The
Winter Party Festival concert will be performed in March, 2006 at a date, time and location
to be determined. The Spring 2006, "Blame it on Hollywood," will be performed at the
Colony Theatre on May 12 and 13 at 8:00 p.m. and on May 14 at 6:00 p.m. The shows will
enhance the Chorus as a community resource and important social alternative for its
creative members while providing high quality dance, song and acting, reflecting upon gay
culture in our community. Our productions consist of choral repertoire, creative dance,
and acting.
The target audience of the MGMC is the GLBT community as well as the friends and family
of the Chorus members and anyone who might enjoy the MGMC's performances. Our
audience averages 1,100 people per show, twice a year, with approximately 400 attending
our first March concert. Last year over 3,000 people saw our performances and this year
we expect to exceed that number as we added another performance. Our active public
relations reach out to audiences and potential members over the entire South Florida area.
We now attract members and audiences from Ft. Lauderdale, Kendall and South Miami.
Our web site has over 250 "hits" per week. DVD copies of our performances are sent to
friends and family nationwide, with an audience of over 1000.
Proiect description as revised (if applicable) based upon the City Commission approved award:
In November 2005, the holiday concert was moved to the Shores Performing Arts Theater
in Miami Shores, as the Colony Theater was not ready and the City of Miami Beach was
unable to provide a suitable backup venue. The working name "Holly Follies" was changed
to "Naughty but Nice" and was performed at the Shores on Friday, December 9 and
Sunday December 11 to full houses both nights. The Shores Theater was unavailable for
our scheduled Saturday, December 10th concert. Consequently MGMC was forced to
forfeit the revenue budgeted for this night (estimated at $7,600). MGMC also incurred
unbudgeted lighting and sound expenses required to ready the Shores Theater for our
concert. MGMC members, audience members, and press present at the concert
considered it one of our finest concerts. MGMC's Board and chorus members were very
disappointed not to be able to perform our holiday concert in Miami Beach, as this has
been a tradition since we were founded in 1999.
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MGMC had planned to perform its March concert during the week of the National Gay &
Lesbian Task Force Winter Party on March 6,2006. The Task Force wants to highlight the
cultural depth of Miami Beach's GLBT community during the Winter Party week, and both
MGMC and the Task Force believe a concert by MGMC would help achieve this goal.
Ultimately MGMC believes this would be beneficial to the community at large as well.
Unable to find a suitable venue in the City of Miami Beach for a concert during Winter Party
week we have had to abandon this plan for this season. MGMC has changed the dates of
its March concert to March 18, 2006 at Radar Memorial United Methodist Church in EI
Portal and March 19, 2006 at St. Thomas Episcopal Church in Coral Gables. The concert
is titled "Bi-Coastal." MGMC will host The Gulf Coast Men's Chorus and the Women's
Chorus from Sarasota who will perform with MGMC in our first joint concert. MGMC will
travel to Sarasota to perform with their choruses on May 1, 2006.
The June concert, "Miami: A Cultural Mosaic", is scheduled to be performed at the Colony
Theater on June 16-18, 2006. The city has moved the dates from the original dates in May
at our request, but we continue to operate without a contract due to the protracted
renovation of the Colony. This concert will feature a broad diversity of music in both
English and Spanish, including new arrangements for men's chorus of popular Spanish
music commissioned by MGMC. Collaboration with various local artists is under discussion
for this concert. This concert will include substantial choreography and a professionally
written script. Selections from this concert will be performed in September, 2006 as MGMC
opens the GALA Choruses Leadership Conference in Miami - exposing approximately 500
chorus leaders from around the world to the rich diversity of musical culture in Miami.
In addition to our regularly scheduled season, MGMC performed on September 8, 2005 at
the Invitation to the Arts at the Jackie Gleason Theater which lead to several important
leads for future gigs and brought new volunteers into our organization.
On November 5, 2005 MGMC provided musical entertainment at the National Gay &
Lesbian Task Force Dinner at the Loews Hotel in Miami Beach performing before an
audience of over 600 local and international leaders as the guest of the Task Force.
MGMC was hired by The Miami Shores Fine Arts Commission and paid by the City of
Miami Shores to perform selections from our holiday concert for their residents on
December 18, 2005. We performed for one hour to a standing ovation. That same evening
we performed as guests of Radar Memorial United Methodist Church in EI Portal at their
. holiday show to thank them for providing a rehearsal space that will accommodate our
rapid growth. Both performances are expected to expand our audience base.
The Ensemble (a group of20 MGMC members who are the performing public relations arm
of MGMC) will brush up its German and perform in the world premier of an unnamed piece
in three movements composed by local composer Michael Drewes, in collaboration with
Members of the New World Symphony and the Jewish Museum in Miami Beach on
January 24, 2006, in celebration of Florida Jewish History Month. This is a fundraiser for
the Jewish Museum and we are performing at no charge.
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Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization: Miami Gay Men's Chorus
000
vTv
Miami Gay Men's
CI-IORUS
PO Box 190209
Miami Beach. FL 33119-0209
(305) 604-8787
miamigaychorus.org
rsvp@miamigaychorus.org
2005-2006
Board Members
Michael Donnell
President
K. Dale Penn
Vice President
Mark Schrader
Treasurer
Patrick Casey
Fundraising Chair
Douglas MacKay
Marketing/PR Chair
Elliot D. Pilshaw
Membership Services Chair
Artistic Staff
Gary E. Keating
Artistic Director
Dennis Janzer
Accompanist
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RECEIVED
JAN 0 6 2006
TeD
January 6, 2006
Roberta Berhrendt
Operations Manager - Grants
City of Miami Beach
1700 Convention Center Dr
Miami Beach, FL 33139
Dear Roberta:
It was a pleasure speaking with you this morning. I have shared your
comments with our board and we are doing everything possible to
ensure we are able to perform a concert in June on Miami Beach. As
you know, to a great extent this is outside of our control.
Enclosed is a copy of the Jewish Museum of Florida's Program
Calendar. I have highlighted the event on January 24th and the
references on the final page of the brochure showing that the event is
free of charge in Honor of Florida Jewish History Month. This is not a
fundraiser as I had been told originally but a free performance open to
the public.
Gary Farmer asked me to provide a letter to you for our file stating that
we will be performing only one concert in Miami Beach this year due to
the Colony/Byron Carlyle matter in December. He said this letter would
suffice to relieve us of the normal obligation to perform two concerts on
the beach during our grant period. I hope this letter will meet this
requirement. Should you require anything further please let me know.
As always, Roberta, it is a pleasure to work with you. Thank you for
your assistance.
Sincerely,
Miami Gay Men's Chorus, Inc.
K /)Lu~L~~,",~,_
K. Dale Penn
Vice President
17
Tuesday
7:30 pm
Slide Show & Lecture on Florida Jewish History
Marcia Zerivitz, Founding Executive Director of the
Jewish Museum of Florida and chief researcher for its
core exhibit MOSAIC: Jewish Life in Florida, will speak
on some of the fascinating aspects of the lives and
contributions of Jews in Florida from 1763 to the
present.
19 Thursday 7:30 pm
The History and Significance of the Twelve
Tribes and Their Personality Traits
Paul Azaroff, M.A., of the Florence Melton Adult Mini-
School, will speak on some of the little-known facts
surrounding the development and significance of the
Twelve Tribes. Among his topics will be the personality
traits of the twelve sons of Jacob who were the leaders
of the Tribes of Israel.
22 Sunday 10:00 am-$:OO pm
Fami'y.and New Membership Day
Museum docents will take families on tours and assist
children in a "scavenger hunt" using the Museum's
exhibits to find answers to the clues. A special movie
geared for children that depicts the immigration
stories of four Florida Jewish families will be shown
throughout the day. Fact and fun-filled Family
Activity Handbooks will be given to each family. New
members joining the Museum this day will receive an
extr~month- ., or of Florida Jewish
,psfory Month!
24 Tuesday 7:30 pm
1/ Classical Music Concert by Florida Jewish
composer Michael Drewes, performed by
Miami's New World Symphony String Quartet
\ and Miami Gay Men's Chorus
\ Join us for the Miami debut of Dr. Drewes' First
\ and Second String Quartets, plus components
\ from his "Autumn. Cantata" for choir with string
'9-uartet accompanIment.
2~ursday ""__~o;m
Book Discussion/Review - The Red Tent
Anita Diamant's The Red Tent is a best-selling
combination of fiction and history about the life
of Dinah, the only daughter of the biblical
patriarch Jacob. Museum Education Director
Mina Lev-Drewes will lead a discussion on the
book and its historical ramifications.
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Project Title:
Date(s) of Project: July 1, 2005 to June 30, 2006
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
Personnel - artistic
Personnel - technical
Personnel - administration
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity
Space rental
Travel
Utilities
Equipment rental
Office supplies
Insurance/Security
Other Costs:
Fundraisino
Other Production
Cash In-Kind
(Itemize below)
(cash + in-kind)
REVENUES
Cash In-Kind
Admissions
Contracted services
Tuitions
Corporate support
Foundation support
Individual support
Government grants
Federal
State
Prooram Ad Sales
.Other Contributions: (Itemize below)
CAC Grant award
$ 7,845
(cash + in-kind)
. .
Total cash expenses
Total in-kind expenses
Total project expenses
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Total cash revenues
Total in-kind revenues
Total project reven ues
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Exhibit 2-B: Project Budget I Revised Grant Award Budget
Name of organization: Miami Gay Men's Chorus
Project Title:
Date(s) of Project: July 1, 2005 to June 30, 2006
Grant Award:
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 (10010) per category, so long as said expenditures
do not exceed the total amount of Grant funds
Grant Expenses
Personnel - artistic
Equipment Rental
Personnel - technical
Space Rental (Performance
related only)
Insurance (Performance
related only)
Other costs total (itemize
below)
Description Amount
Outside artistic fees
Marketing/Publicity
Printing
Postage
In County Travel
Grant requirements
TOTAL (must equal grant award):
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:
· 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
· Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
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· 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
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, 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 outside the local Miami Dade County area
· 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
govern ment
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)
· Proof of logo and credit line in project publications and advertisements
· Proof of performance(s), such as programs, brochures and flyers.
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ARTICLES o.FAMENDMENT TO. ARTICLES 0.1' <'(~.('/:7. ~Jl . .".()
INCo.lU'ORATION 0.1' So.UTH BEACH GAY MEN'S CHo.RUS! INC. ~(l*". ~ I..
<'<f" "'~.'.~ · /.
I, the undersigned, being the President and Director of.South Beach Gay Men's Chorus; 1'S~1^ ~
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Inc.) a Florida corporation, do hereby certify the.Special Meeting of the Board of Directors of the <.?4
Corporation held on the 1st da.y of July, 2004, duly and regularly called and held in accordance
with the provisions of the Florida Statutes and the By-Laws of South Beach Gay Men's Chorus,
Inc.) at which meeting a quomm was present and acted throughout, tbefollowing resolution was
duly adopted:
RESOLVED, that Article I of the Articles of Incorporation of the Corporation be and
hereby is amended to read as follows:
ARTICLE I
The name of this Corporation shall be Miami Gay Men's Chorus, Inc. The address of
the Corporation shall be 6325 La Gorce Drive, Miami.Beach, Florida 33141.
Said Amendment to become effective. upon the filing of the Articles of Amendment with
the Secretary of State, State of Florida.
There are no members, entitled to vote on this Amendment, which was adopted
unanimously by the Board of Directors on July 1,2004..
IN WITNESS WBEREOF,we have hereunto set our hands and seals of said
Corporation this 22nd day of July, 2004.
(CORPOitATE SEAL)
STATE OF FLORIDA )
) ss.:
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared Edward G. Guedes,
who is personally known to me, who executed the foregoing Amendment to the Articles of
Incorporation and he acknowledged before me that he executed said instrument for tbepurposes
stated therein.
WITNESS my hand. and official seal in the State and County last aforesaid this 22nd day
of July, 2004.
;:J.dt~ ;r J;;it>,.;J
Print Name
My Commission Expires:
~\)'H;~j1i 'f.!i*:..tJ
"~~~~:\ ARLENE J, JORpnl
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<<,:;<;..' "', ~,V r" ~ '. ,. -,.. .mr.lr29, 2005
"UIl"" ..(; "~ 't':,SIH1Jll 11 D0036523
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fa corporation not for profitl
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ARTICLES OF IN.CORPORATION
OF
SOUTH BEACH GAY MEN'S CHORUS. INC.
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The undersigned incorporator signs and delivers these Articles of Incorporation in
order to forma corporation not for profit under the laws of the State of Florida.
ARTICLE t
NAME.
The name of this corporation is SOUTH BEACH GAY MENfS CHORUS, INC.
ARTICLE II.
PURPOSES
This corporation IS organized and shall operate exclusively for charitable,
educational and scientific purposes but limited to exen1pt purposes described in Section
501(c)(3) of the IntemalRevenue Code of 1986, as amended C'exempt purposes")~ and
this corporation may engage in only such activities permitted under the laws of the State
of Florida and the United States of America as shall constitute activities in furtherance of
such exempt purposes. Specifically, the corporation shall educate the general public in,
and prolnote the development of choral music and other art forms through concerts.
\vorkshops and conlmunity performances. It is the further purpose tof the corporation to
reduce, through their perfornlances.. prejudice and discrinlination within the lesbian, gay
and hetcl'oscxunJ ('otnnnmities. 1n ftH1herance of such purposes. it rnay pronlote~
l'slahlish. conduct and maintain activities on its {)\\11 behalf and it rnay 1l1ake distributions
or ()ther~wi$enssist other corporatIons. organizatit)IlS aIH.1 institutions ctllTying on cxenlpt
pUrpos,~s,
As a means and incidental to accomplishing the purposes for which this
corporation is being organized, it shall have the following powers:
To accept, acquire, receive and hold by bequest, devise, grant, gift,
purchase, e,c,change, lease, transfer, or otherwise, for any of its objects and
purposes, any property, both real and personal, of whatever nature or
description and wherever situated; and
To seti,exch.ange~ convey, mortgage, lease, transteror otherwise dispose
of any such property" both real and personal~ as the ol~jects and purposes of
the corporation may require, subject to such limitations as may be
prescribed by law; and
To borrow money and, from time to time, to make, accept, endorse,
execute and issue bonds, debentures, promissory notes, biUsof exchange
and other obligations of the corporation for monies borrowed or in payment
for property acquired or for any of the other purposes of the corporation,
and to secure the payment of any such obligations by mortgages, pledge,
deed, hldenture, agreement or other instrument of trust, or by other lien
Upon, assigmnent of, or agreement in regard to an or any part of the
property, rights or privileges of the corporation, wherever situated.; atld
To invest or reinvest its funds in sueh stocks, bonds, debentures,
mortgages or other investments or securiti~ and property as its Board of
Directors shall deem advisable, subject to.. the limitations and conditions
contained in any bequest, devise, grant or gift; and
To serve as trustee of any property, real or personal, wheresoever situated
either\'ithin or without the State of Florida~and
[n general, to exercise such other powers which now are or which hereafter
may be conferred by law upon a corporation organized for the purposes
hereinabove set forth or necessary or incid.ental to the powers so conferred
or conducive to the attainment of the purposes of thecorporation~ subject to
such limitations as are or may be prescribed by la\v.
NOl\\'ithstanding any other provision of these articles, the Corporation shall not
~arry on ~n1\' cthl'r activities IL'1 Pl..":'ll1ith'd to h(' carried()Jl (a) by :1 corpuration t'Xl?nlpt
fr0J11 f~xi('raJ inc()tne lax under sl,~c.:tion )() I (c)(3) of the hllcnl~lI Rl.'\\.':llh: ('{\dc. \)[' tll.:
corresponding section of any futllfe f('dcraJ tax code: tlr (b) by a l'orporalion,
...,
contributions to which are deductible under section 170(c)(2) of the IntemalRevenue
Code, or the corresponding section of any future federal tax code.
No part of the income or principal of this corporation shall inure to the benefit of
or be distributed to any member~ director or officer of t he corporation or any other private
individual in such a fashion as to constitute an application of funds not within the purpose
of exempt organizations described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended. However, reimbursement for expenditures, the payment of reasonable
compensation for services rendered, or payments and distributions in furtherance of the
Corporation's exempt purposes" shall not be deemed to be a distribution of income or
principal.
No substantial part of tbe activities of this corporation shall consist of carrying on
propaganda, or otherwise attempting, to influence legislation" and no part of the activities
of this corporation shall consist of participating in, Qr intervening in (including the-
publishing Of distributing. of statements) .any political campaign on behalf of (or in
opposition to) any candidate for public office.
In the event of' the complete or partial Equidation or dissolution of the
(;orporation,whether voluntary or involuntary, no member~ director or officer shall be
entitled to any distribution or division of the corporation's property or its proceeds, and
the balanc,e of all money and other property received by the corporation from any source,
after the payulcnt of all debts and obligations of the corporation, shall be used or
distributed, as provided by la\v. exclusively to an organization or organizations \vhich
themselves are exempt as organizations described in Sections 501(,')(3) and 170(c)(1) of
the Internal Revenue Code of 1986, as amended (Qf corresponding sections of any prior
or future law). or to the federaL state or local govenlluent for exclusively public purposes,
Any _~uch assets not so disposed of shall he dispos('d of by a court of ('ofnpetent
juri$diclion of the county in \vhich the principal onlce of lhe (orporation is then located.
..
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ARTICLE VI.
NAME ANT) AD.I)RESS OF INCORPORATOR.
The name and address of the incorporator is Craig Fashbaugh~ 5 Island Ave., Apt.
9H,Miami Beach, FL 33139 .
ARTICLE VII..
MAILING ADDRESS OF. CORPORATION.
The initial street addres~ of the corporation is c/o Craig Fashbaugh, 5 Island Ave.,
Apt, 9H, Miami Beach, FL 33 139 and the mailing aduress of the corporation is sanle as
above.
ARTICLE VIII.
NAME AND OFFICE OF REGISTERED AGENT..
The natne and street addressor this corporation's initial registered agent is:
Craig Fashbaugh, 5 Island Ave., Apt. 9H, Mial11i Beach, FL 33139
ARTl<;::LE IX..
BY -LA WS"
The By-Iaw's of this corporationlnay only be made, altered or rescinded by a
majority vote of the vQtingmembers, or by an of the voting members signing a written
statement Inanifesting their intention that the By~hrws he 111ade. altered or rescindedo
IN ':VITNESS.WHE~EOF, tht> undersigned has subscrir-ed to ~hese Artjcles of
lncorporallnn at _ ~~ ~:Ionda. this ~day o~9lJ.
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ACCEPTANCE BY REG ISTEIlE D AGENT
Having been appointed the registered agent of SOUTH BEACH GAY MEN'S
CHORUS, INC." the undersigned accepts such appointnlent and agrees to act in such
cap.acity. \~
Dlited this ~ dayo(1fiY~999.
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