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So Beach Gay Men's Chorus . City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement. This Grant Agreement is entered into this ?f, day of ~O\l ,2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and ~b",", ~~ Qoou~'2> CN:)(\)~ (Grantee). Article I I Grant description .so~'\ ~.....'" G.-.....'7 fI\..~ J ~......) ~1. ~ l'v.. ~d....~.. Au~. t'I\ \ .......... \. ~~"..),.. ~ l '3 3 1'lQ... , "3 oS. - 51 ~-tt...2''.l.. I. Grantee: Address City, state, zip Phone, fax, email 2. 4' d.! Grant amount: ~. DO lJ 50% paid upon execution of this Agreement. , Remaining 50"/6 paid upon completion of Project. submission and approval of final repart. Project description: See Exhibit I, attached hereto Itemized budget: See Exhibit n, A and B attached hereto Expenditure deadline: Sc:Ptember 30. 200 I Report deadline: No later than 9fl days after Project completion. 3. 4. 5. 6. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this]...~ day of \::)()~ ,2000. CITY OF 1JIi BEACH Neisen Kasdin, Mayor AITEST: ~~r~Clerk GRANTEE! .so~ ~ ~ ~ ~""'j . Print Name of Organization FederalID# bS-oif3 ?b.ll BY: ~~~~ 1'. ~1U\\o~'" Printed Name Chainnan or dent ~~,\.~ Signatu (Grantee's Corporate seal) BY: ~~;"'1i r;: ~~~ Printed Name ief Fis Officer APPROVED AS 10 FORM & LANGUAGE & FOREXECUnON ~ /DJ.~ BY: ~""~ ~"""'\.~ Printed Name of Executive Director ~~- Signatu ,. 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 ofthe City of Miami Beach Cultural Arts Counci~ or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect Descriotion: 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 he subject to the terms of this Agreement, and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (10%) per categoIy, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnally request authorization via a letter to the Director of the Council detailing and justitying the changes. All Grant recipients Dlust participate in Miami Beach Second Thursdays (see Article Ill-I 9). 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 smaIl to medium arts organization(s) of their choice, supported by the City's Cultural Arts COWlcil, 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 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-Flli 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. Renorts: This Grant has been awarded with the Wlderstanding 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 CoWlcil 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, 2001. 4. Amount of Grant and P~ent 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 amoWlt. 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. Proeram 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 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 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) 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 ofthe Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City olMfami Beaclo CultlmrlArts Council logo 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 Sl\llle manner as if Grantee defaulted under this Agreement, pursuant to Article IT -12, below. 9. Liabilitv 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 instromentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out 01: relating to, or resulting from the perfonnance if this Agreement by the Grantee or its employees, agents, servants, partners, 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 indemnify, keep and save hannless and defmed the City or its officers, employees, agents and instrumentalities as herein provided. Ifthe 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 he held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of S100,000, 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 S200,000 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!llll1ent: 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 IT-I2, below. 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 Ordinance No. 72-82 (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. DefaultITennination 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 under 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 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 unrommitted Grant funds which remain in the possession or under the rontrol 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 rommitted 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. Indub:ence 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 ofthis Agreement 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in pelSoo 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 3313 9-1819. 15. Captions Used in this ~: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or ronstrued as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract ReDfI!8eDts Total AllI'eeIIlent: 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 ronsidered in construing its tenns. 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 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 rondition 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 romply 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 ofMiaml Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, rolor. 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 "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 oonsidered a material breach of this Agreement, as provided in Article II - 12 herein. , ,. Exhibit 1/ Revised Project description Organization: .~OOOOlCV\ 6u"-l ~~ Project title: 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. $&t. Ai\e.c,~ ~ Exhibit 2: Revised Project Budget I A. Total Project Budget Name of organization: Project Title: Date(s) of Project: .s..~ .b~~kA. ~ Attach a copy of the tota1 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 MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Total cash expenses Total in-kind expenses Total project expenses cash REVENUES in-kind Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State (ltemlu below) Other contributions Grant award Total cash revenues Total in-kind revenues Total project revenues (cash + in-kind) cash in-kind (ltemlu below) (cash + in-kind) Exhibit 2: Revised Project Budget I B. Grant Award Budget Name of organization: Project Title: Date(s) of Project: Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grap. ESllellSeS Personnel- artistic Personnel- teclmical Personnel - administrative Space rental Travel (local only) Marketing/Publicity Outside artistic fees Outside other fees Other costs (ltemlt.e below) TOTAL Grant requirements: Grant monies mIIst be spent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Cuuncil grant support must include the City of Miami Beach Cultural Arts Council's logo IIIId the following byline "City of Miami Beach" Grant funds may not be used for. Remuneration of City employees fur any services rendered as part of a project receiving a grant nom the City of Miami Beach Cultural Arts Council "Bricks IIIId mortar" or permllllent equipment (pennllllent 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 Fundraising events Hospitality events Events not open to the public Exhibit 1/ Revised Project description Organization: South Beach Gay Men's Chorus Project Title: Christmas/Holiday Concert Completely describe Project approved by the Grants Panel and in separate narrative detail the revisions to the Project based upon the award. Please be specific as possible; name of event, venue, times, elc. Also, detail the organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. We will be performing the Christmas/Holiday Concert "Homo For The Holidays". will have two performances. One on December 15'" and 16'" 2000 at the Colony theatre at 8:00 pm. The chorus is uniquely diverse with members, and volunteers from all minorities, ethnicities and age groups. We provide this in each performance and touch upon current issues that affect all of us that call Miami Beach and South Florida home. We expect our Holiday performance to be no exception. This concert welcomes the entire community. Our past audiences have been primarily gay and lesbian individuals from the Miami Beach and South Florida Community. Other members of the audience have been friends and family of chorus members, and music lovers of all ages and backgrounds. Our Holiday Concert will attempt to reach all members of the community, gay and non-gay, in a celebration of holiday music from all ethnicities, genders, backgrounds and ages. There will not be any revision to our show based on the Grant awarded by the Grants Panel, as we have relied on donor gifts for the bulk of our project. We will be participating in Miami Beach Second Thursdays this December 14th 2000 at the Colony theatre. We will be preparing the final details and let the audience watch how we put the finishing touch in putting a show together. Project Budget From September to December South Beach Gay Men's Chorus Christmas Concert December 15111 and 16111 2000 Personnel-artistic Artistic Director Choral Director Piano Accompanist Choreographer $1750.00 $ 1400.00 $ 1400.00 $ 500.00 $ 5050.00 $ 1470.00 Rehearsal space rental Marketing Publicity Advertising Program $ 2600.00 $ 1200.00 $ 3800.00 $ 300.00 $ 1600.00 $ 800.00 $ 500.00 $ 500.00 Props. Concert space rental Insurance Costumes Royalties Equipment rental Sound system Piano $ 400.00 $ 600.00 $ 1000.00 $ 1100.00 $ 500.00 $ 16,620.00 Stage contract labor Lighting Total cost Income Admissions 465 seats less 10 seats for house less 25 seats for compo 430 seats to sell 258 seats 60% sold 258 x $17.50 = $ 4515.00 x 2 nights = $ 9030.00 Program sales Total income S 2800.00 $11,830.00 Grant amount Requested $3,000.00 Itemize expenditures for which requested funds will be used Concert space rental $1,400.00 Marketing Publicity $1,600.00 Total $ 3,000.00