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Miami Choral Society Inc. . City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement. This Grant Agreement is entered into this 21 st day of November , 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and !'Ii ami Chop.] Soci ety, Tnr (Grantee). Article I / Grant description 1. Grantee: Address City, state, zip Phone, fax, email Miami Choral Society, Inc. M ,''-', C k..ldn...'s C \.ond 1533 Sunset Drive, Suite 215 Coral Gables, FL 33143 305-662-7494/305-662-7495 m1am1chor@aol.com 2. Grant amount: $ 2,000 50"Ai paid upon execution of this Agreement. Remaining 50% paid upon completion of Project. submission and approval affinal report. 3. Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibit II, A and B attached hereto 5, Expenditure deadline: September 30. 2001 6. Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this c:6..i day of !(&~20oo. CITY OF MIAMI BEACH NJlu.~ A~ ~ r~ Robert Parcher, City Clerk GRANTEE! Miami Choral Society, Inc. Print Name of Organization Federal ID# 23-7250811 (Grantee's~eal) - -, /~ L. Brookes irman or President APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Juan P. Loumiet I Name o~;at Officer ." J,~ tore ~ jD;J.4 BY: Timothy A. Sharp ~ame of Executive Director d~~ Signature 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 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 Line Item Budget, or with changes not to exceed ten pe=nt (l0%) per category, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necesSllly the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justitying the changes. All Grant recipients most participate in Miami Beach Second Thursdays (see Article 111-19). 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) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, worldng on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 200012001 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 information 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 described 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 2001 to receive the second 50% of their Grant award, with final reports due at the completion of the City's fiscal year on September 30, 200 1. 4. Amount of Grant and Pavrnent Schedule: The total amount of the Grant is specified 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. 5. Prol!l'llIIl Monitoring 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. 6. Bank Accounts and Bondin!!: 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. Accounting 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) YCllfS 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. Furthermore, 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 ofMuurri Beach CultwYllAt1$ Coundllogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the Sllffie manner as if Grantee defaulted under this Agreement, pursuant to Article n - 12, below. 9. Liability and Indemnification: The Grantee shall indemnitY and hold bannIess 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 offieen;, employees, agents and instmmentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of; relating to, (Jf resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partneIS, principals or subcontractors. Grantee shall pay all claims and losses in coIUlection 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 indemnitY, keep and save harmless and dermed 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 ofthe Grantee entity. 10. Assil!lllIlent: 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 1I-12, below. I L Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, COWlty and City laws, including but not limited to Miami.Dade County's Ordinance No. 72-82 (Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance) as amended, which is incotpOrated 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. Defaultffermination Provisions: In the event the Grantee shall fail to materially conform 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 WIder this Agreement. Further, in the event of a breach of any term 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 fur all unauthorized expenditures discovered after the expiration ofthe 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 Deadline; 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 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 of the 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. Indulgence 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 ~ed 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 14. Written Notices: Any written notices required under this AgJ1lement 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 I-I of this Agreement, and to the Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Al!:reement: 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 Renresents Total Aereement: 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 tenus. 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 ill I 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 nmedies 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 1 %4 (42 U .s.C. 2000d et seq.) prohibiting discrimination on the basis ofrace, 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 accommodatiOllS on aa:ount 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. AU Grant recipients must participate in "Miami Beach 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 II - 12 herein. Exhibit 1/ Revised Project description Organization: Miami Choral Society, Inc. Project title: All Together Now 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 Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. 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. This project has two main objectives: I) 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!" For the 2000-2001 season we will introduce Volume 2. It is our belief that through singing, we can provide a vehicle by which the community can gain a deeper understanding and appreciation of its diversity. There have been no material revisions to this project since the time of our application. 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, October 28, 2000 West Kendall Regional Library 10201 Hammocks Blvd. 1I:30am-12:30pm Saturday, January 27, 2001 Miami-Dade Public Library - Homestead Branch 700 N. Homestead Blvd. 11 :30 am - 12:30 pm Saturday, February 24, 2001 Miami-Dade Public Library - Miami Beach Branch 2100 Collins Ave. 11:30 am - 12:30 pm Saturday, March 24, 2001 North Dade Regional Library 2455 NW 183rd St. 11 :30 am - 12:30 pm Saturday, Apri121, 2001 West Dade Regional Library 9445 Coral Way 11 :30 am - 12:30 pm Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: Miami Choral Society Project Title: All TORether Now Date(s) of Project: 2000-2001 Season See attached project budget. 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 Per.wnnel- artistic Per.wnnel- technical Personnel - administration Outside artistic fees/services Outside other fees/services MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Inslll'llllWSecurity Other Costs: Total cash expenses T otaI in-kind expenses Total project expenses REVENUES cash in-kind AdmissiOIlS Contracted services Tuitions COlJlO1'81esupport Foundation support Individual support Government grants Federal State (Itemize bdow) Other contributiOIlS Grant award Total cash revenues Total in-kind revenues Total project revenues (cash + in-kind) cash in-kind (Itemize below) (cash + in-kind) MIAMI CHILVt<EN'S CHOt<US 1533 Sunset Drive, Suite 215 Coral Gables, FL 33143 E-mail: miamichor@aol.com Ph: (305) 662-7494 Fax: (305) 662-7495 Timothy A. Sharp, Music Director All Together Now - A Series of Community Sing-alongs Project Budget. 2000-2001 EXPENSES: Personnel - Administrative Executive DirectorlBusiness Manager Personnel - Artistic Music Director/Assistant Music Director Principal Accompanist/Assistant Accompanist Personnel- TechnicallProduction Outside Artistic Fees & Services Space Rental Marketing 8 Radio Spots @ $105 Print Ads - Herald Neighbors Programs, Flyers Sunshine School Uniforms Other Expenses Music - Singer's Edition 10-pack 120 @ 35.95 Folders - Amberg lO-pack 120 @ 5.99 Piano Rental Total Cash Expenses Total In-Kind TOTAL PROJECT EXPENSES Cash Expense 1,970 3,977 1,082 -0- 500 -0- -0- -0- 2,580 1,250 4,314 719 900 17,292 6,810 24,102 In-Kind Expense -0- 1,600 360 -0- -0- 500 840 1,250 250 450 -0- -0- 1,560 REVENUE: Cash Contribution Admissions Corporate Support Foundation Support Private Support/lndividuals Government Support - State/Regional Government Support - Local Other Revenue Cash on Hand -0- 5,000 5,500 1,590 1,000 3,800 402 -0- 17,292 6,810 24,102 Total Cash Revenue Total In-Kind TOTAL PROJECT REVENUE REVENUE/(EXPENSES) -0- In-Kind Donation -0- 4,600 -0- 1,960 -0- -0- 250 -0- Exhibit 2: R~ised Project Budget I B. Grant Award Budget Name of organization: Miami Choral Soci<:ry_ Project Title: All Together Now Datt(s) of Project: February 24, 2001 DltectiOllS: ldemit)' BIId ltemi1;e cash expenses \0 be paid from Grant ftmds. Grant awards may DIlly be spent within budget categories declared below. Gra.. Es-~--- Personnel- artistic '500 Tmvel (local only) -0- -Q.. P'l:rsoonel-1l:dlniW -0- Space rental -0- MmbtlngIPublic:ity 250 OutSide other fees 250 Personnel - administrative 200 Outside artistic fees Other costs (ItDfllu kWw) Music 800 TOTAL 2,000 Grant "'quiremenls; Gram monies -'" k JPDlt within budget ~... agreed UII"II in <XlIl1nWt All publicalions associattd wRh Millml Beacb Cultural ArtI Council grant llUppOrt mU!l\ includl: !he City of Miami Beacb CIlIluraII\l1:l Colm~~f's logo 8IId lbe fullowing byli"" "CiIy of Miami Beach- Gnot flmds ...y DOt be aNd IIor. Rom\lllC!l2lloll deity emplo)oees IDr 8"Y services .".dtted \IS pin nfaJll'liect teeei~...aenm iom 1bc Cily ofMiluai Belch Cultural Arts Council "Brlcks and mor1lIr" "" ~ equipment (permonent eq~ ncceosary Cot proposed project may be purdulHd if1he prioc is Icsa!bln whllt is would cost to rent \he equipmem) Debt [<llIuotiao Oul-of-coumy nvel or vansponatkm FlIDdraiaing _ Hospltality events E"I!RIs not open to lhe pllblic MIAMI BEACH CULTURAL ARTS COUNCIL BANK INFORMATION 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 Name: Lucrecia Loumiet Title: Executive Director Name: Timothy A. Sharp Title: Music Director Name: Juan P. Loumiet Title: Treasurer . Completed by: Timothy A. Sharp Date: November 21, 2000