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New World Symphony $26,100.58 2_ 012 - 2;�(oL�� MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2012/13 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 27th day of September, 2012, between the City of Miami Beach, Florida (the City), and (Grantee). Article I /Grant Description 1. Grantee: New World Symphony Grant Contact: Julisa Fuste Address: 500 17th Street City, State, Zip: Miami Beach, FL 33139 Phone, fax, e-mail : (305)673-3330, (305) 673-6749,julisa.fuste(cDnws.edu 2. Grant amount: $26,100.58 50%paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto 5. Contract execution deadline: November 15, 2012 6. Expenditure deadline: September 30, 2013 7. Project completion date: 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. IN WITNESS WHEREOF, a parties hereto have executed this Agreement this o?�A day of e- ,2012. atfi errera Bower, Mayor Signature Attest: STATE OF FLORIDA, COUNTY OF MIAMI-DADE Rafael Granado, City Clerk The fore%oing instrument was acknowledged before me (Grantee's Corporate Seal Here) this if day of 9'I61t01M. 2012, by Victoria J. Rogers of New World Symphony ,a not-for- profit corporation. He/She is personally known to me+or has produced as i tification. GRANTEE: Federal ID#: 59-2809056 Signature of Notary Public BY: Victoria J. Rogers Printed Name of Organization's Authorized Representative Notary Name: 1'8 up— S M • R I V ERA (City Attorney Approval Here) Notary Public, State of Florida APPROVED AS TO FORM & LANGUAGE My Commission Expires: i &Fr)N E CUTION , ►r LOURDES M RIVERA :R. L _ =°�,. MY COMMISSION#DD851644 137 171 �;�,W, , EXPIRES January 14,2013 I -{407-398-0153 City tt ney Date ._ °1^•idaNelavyServ�e:ecxn••.- Article II / General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee, who shall be the City's Cultural Affairs Program Manager. 2. 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. A mandatory dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate this match through cash, other matching grants and/or In-Kind contributions not in excess of 25% of the total cash project budget. Line item changes to said Budget shall not exceed ten percent (10%) per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-13 shall not be permitted without the prior written consent of the Cultural Affairs Program Manager. Said requests shall be made in advance of the project's commencement, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the Cultural Affairs Program Manager within 45 days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year, or September 30, 2013, must submit their final reports no later than November 15, 2013. New Grant awards will not be released until all Final Reports for previous years' funding are received. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will only be supplied to the Grantee following the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitorinq and Evaluation: The Cultural Affairs Program Manager may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The Grantee agrees to utilize the standardized Audience Survey adopted by the Cultural Arts Council to obtain specific feedback from program participants. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place within the City's fiscal year for which they are approved (October 1 - September 30).The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami- Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and 2 of 10 upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article II-12. 9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article II-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Defau It/Term i nation Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated, the following provisions will also apply: a. For first-time violations—Grantee shall be required to submit a final report with documentation of expenditure of all Grant funds already received (first half) up to the termination date. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for grants in future fiscal years. 3 of 10 b. For more than first-time violations - Any compliance infractions beyond first-time violations will be considered by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the Cultural Affairs Program Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1)year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the Cultural Affairs Program Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III / Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. 4of10 The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANIK- 5of10 Exhibit 1 / Revised Project Description Organization: New World Symphony Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Project description as approved by Grants Panel: Now in its 24th Season under the artistic direction of Michael Tilson Thomas (MTT), the New World Symphony is recognized as a unique major cultural institution, internationally acclaimed by critics and audiences for its artistic excellence, innovative programming and leadership in classical music education. This season, the first full season in the New World Center, has thus far seen performances featuring such guest artists as Austrian conductor Manfred Honeck, Music Director of the Pittsburgh Symphony (December 11/12, 2011); German- Canadian cellist Johannes Moser, hailed by Gramophone Magazine as "one of the finest among the astonishing gallery of young virtuoso cellists" (December 11/12, 2011); Colombian conductor Andres Orozco-Estrada, Music Director of Vienna's Tonkunstler Orchestra (November 18/19, 2011); American conductor James Conlon, Music Director of the Los Angeles Opera (January 7/8, 2012); and Spanish pianist Javier Perianes, a rising star in classical music(October 9/15/16, 2011.) The upcoming 2012-13 Season will be the 25th Anniversary Season for the New World Symphony, and as such will feature an array of performances and guest artists designed to highlight the significance of this celebratory year. The roster of invited guest conductors for the 2012-2013 Season includes Nicholas McGegan, music director of San Francisco's Philharmonia Baroque Orchestra; Stephane Deneve, music director of the Royal Scottish National Orchestra and chief conductor of the Stuttgart Radio Symphony Orchestra; Robert Spano, music director of the Atlanta Symphony Orchestra; Peter Oundjian, music director of the Toronto Symphony Orchestra; and Pulitzer Prize-winning American composer John Adams. The 2012-13 Season will also feature a full complement of celebrated soloists, including violinist Christian Tetzlaff, who recently appeared with the New World Symphony in a "committed, dazzling—at times hair-raising—performance" (South Florida Classical Review, 2/06/11); Rainer Honeck, concertmaster of the Vienna Philharmonic; and world renowned cellist Yo-Yo Ma. The impact of New World Symphony's artistic and educational programs is truly remarkable. NWS is innovative in nature, and this organizational attribute has been highlighted through the development and implementation of initiatives of communitywide and interdisciplinary impact. For example, NWS has been at the forefront in the use of technology in the arts, making extensive use of the advanced network videoconferencing technology of Internet2. This technology enables orchestra Fellows to receive master classes and coaching from artists around the world. This also enhances the NWS concert going experience of audience members by enabling composers to introduce their work prior to its performance, and hosting pre-concert lectures with musicologists and historians at remote locations. NWS' pioneering use of this technology has spearheaded its adaptation by music institutions and by art groups in general, further promoting greater cross-cultural understanding and artistic collaboration among artists worldwide. NWS' innovative efforts in this area were rewarded with leadership grants and multiyear commitments, including a $5 million grant from the John S. and James L. Knight Foundation to establish the Knight New Media Center. NWS is now expanding its distance learning programs to provide artistic and educational programming to Miami-Dade County public schools students. The quality and reach of NWS' distance learning programs have been widely recognized, most recently, with an Internet2 Excellence Award. NWS' pioneering work with the sustained exploration of alternate presentation formats is supported by The Andrew W. Mellon Foundation, with two multi-year gifts totaling $1 million. This ongoing, partnered effort to expand and retain new audiences through New Performance Format concerts has garnered much attention among leaders in the field of classical music. Since the opening of New World Center, representatives of over 30 orchestras and performing arts centers from around the country have come to Miami Beach to learn more about the work being done by the New World Symphony. Honored by the American Society of Composers, Authors, and Publishers (ASCAP) with awards in 2003, 2007, 2009, and 2011 for Adventurous Programming of Contemporary Music, NWS will continue to underscore its 6 of 10 commitment to the genre by bringing composers into the concert hall, some via Internet2, to further enhance the audience's appreciation and understanding of musical complexity. New World Symphony's Community Engagement program is a comprehensive outreach initiative designed to offer meaningful and impactful exchanges between the NWS Fellows and the members of the Miami-Dade county community. Comprised of multi-tiered programming, Community Engagement components include: arts- in-education interactive performances (NWS in the Schools; 2,645 K-12 participating students in the 2010-11 academic year); adult music education classes, provided free of charge to the general public (Inside the Music; 995 audience members in the 2010-11 Season); mentoring community talent(Young Musicians' Lessons; 17 K- 12 students enrolled in the 2010-11 academic year); and ensemble coaching and private lessons in public schools. An integral part of the NWS Community Engagement program is MusicLab, a 26-week residency program that brings the expertise of New World Symphony Fellows directly into the classroom. This program currently serves students of five schools in the Miami-Dade public school system, including Feinberg-Fisher Elementary School and Miami Beach Senior High School. The New World Symphony believes that the orchestra musician of the 21 st century not only needs extraordinary performance training, but also the ability to contribute to the society at large as an advocate, educator and mentor. These programs exemplify imaginative and engaging curricula while offering the Fellows a real-life experience of involvement within our extended community. Proiect description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. N/A 7 of 10 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: New World Symphony Date(s) of Project: 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 0 Admissions 1,501,525 0 Personnel -technical 1,611,388 Contracted services 0 0 Personnel -administration 3,326,857 Tuitions 0 0 Outside artistic fees/services 1,092,827 Corporate support 756,214 100,000 Outside other fees/services 180,400 70,000 Foundation support 1,850,000 0 Marketing/Publicity 357,786 Individual support 5,369,426 0 Space rental 2,230,295 Government grants Utilities 564,333 Federal 60,000 0 Equipment rental 77,800 State 41,555 0 Office supplies 34,440 Local 483,628 0 Other Costs: (Itemize below) Other Contributions (Itemize below) Orchestra Stipend 1,623,118 Third Party Rental (net) 473,080 Interest Expense 18,000 Endowment Income 2,986,605 Production & Other 2,568,890 30,000 Miscellaneous Income 138,000 City of Miami Beach Grant Award 26,100.58 Total cash expenses 13,686,134 Total cash revenues 13,686,134 Total in-kind expenses 100,000 Total in-kind revenues 100,000 Total project expenses 13,786,134 Total project revenues 13,786,134 CASH & IN-KIND CASH & IN-KIND 8 of 10 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: New World Symphony Date(s) of Project: Grant Award: $26,100.58 Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only be spent within budget categories declared below. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel —artistic Equipment Rental Personnel —technical Space rental (Performance Related Only) Outside artistic fees 20,000 Marketing/Publicity 6,100.58 Total Other Costs (itemize Below) Printing Description Amount Postage TOTAL (must equal grant award): 26,100.58 Grant requirements Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council." Allowable Grant Expenditures as Relates to Grant Project: • Artistic and technical fees directly related to the proposed program or event • Production costs related to the proposed program, project or event • Honoraria • Equipment rental and expendable materials • Marketing • Publicity • Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 9 of 10 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, electricians, insurance, etc.) • Debt reduction • Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) • Travel or transportation • Insurance Fees (Cultural Anchors excluded from this restriction) • Social/Fundraising events, beauty pageants or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials • Charitable contributions • Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government and has been previously approved as such be the Cultural Affairs Program Manager Required supporting materials for final reports submitted within 45 days upon completion of grant project: • Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments). Invoices AND checks must be dated within the 2012-13 Fiscal Year • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 10 of 10