Cultural Affairs Grant Agreement / New World Symphony av r y -c297(0
X915•2015
IAMBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2014/15 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 30th day of September, 2014, 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 iulisa.fuste(cDnws.edu
2. Grant amount: $35,000 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 2-13 Grant Award Budget, attached hereto
5. Contract execution deadline: November 15, 2014
6. Expenditure deadline: September 30, 2015
7. Project completion date: 5EPrT_=I-Gele
8. Final Report deadline: Must be postmarked or delivered no
later than 45 days after Project completion date.
IN WITNESS F,the parties hereto have executed this Agreement this day of I?t)v-eW 6e It— ,2014.
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Phi ip L 11`/layor ; ±, ==yea
Signature i,
:I ORPI1ORWED:
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
40
- fael Granado, City Clerk
The foregoing instrument was acknowledged before me
(Grantee's Corporate Seal Here) � �_�'�' %� �_1� g g g
this f day of ��' "' 2014, by
Victoria J. Rogers of
New World Symphony, Inc. , a not-for-profit
corporation. He/IShe is personally known to m
rP odUlGed tab
GRANTEE:
Federal ID#: ��_ C-�l d5 C�
Signature of Notary Public
BY: vlc 'i�.Lr4 i2�E125
Printed Name of Organization's Authorized Representative
of
(City Attorney Approval Here) Notary Name: o�0R7 Notary Public State a Florida
a
My Commission EE 870712
Notary Public, State 4 F% Expires 02/27/2017
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION My Commission Expires:
City Attorney Date
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. Project 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-B
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, 2015, must submit their final reports no later
than November 15, 2015. 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 Monitoring 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 1-6. 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
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.
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8. Publicity and Credits: Throughout Fiscal Year 2014/15, the Grantee must include the City of
Miami Beach Centennial logo and the following credit line in all publications (where appropriate) 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 $200,000, 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 $300,000 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. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the
provisions of this Agreement (Default), 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 a Default, at the Cultural Affairs Program Manager's sole discretion,
the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been
received by the Grantee, as of the date that the written demand is received (Demand for Recapture).
In the event of a Default, 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 up to the date of termination and/or the Demand for
Recapture.
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.
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
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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 1-6 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.
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,
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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 BLANK-
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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:
Mission
The mission of the New World Symphony(NWS) is to prepare gifted graduates of distinguished music programs
for leadership roles in orchestras and ensembles around the world. A laboratory for musical expression, NWS is
shaping the future of classical music, challenging the traditional concert scenario and creating new audiences by
experimenting with how music is taught, presented, and experienced. NWS envisions a strong and secure future
for classical music, sharing this art form with as many people as possible.
NWS'three-year fellowship program develops musicians' artistic and professional skills by focusing on three
areas: orchestral performance and musicianship; audience engagement; and leadership development. The
fellowship includes training sessions led by a visiting faculty of renowned musicians and coaches. Under the
artistic direction of NWS Founder Michael Tilson Thomas (MTT), NWS Fellows along with world-famous guest
conductors and soloists present traditional and modern repertoire for nearly 80,000 South Florida residents and
tourists through its concerts,WALLCASTTM presentations, and community engagement programming. NWS is
committed to serving South Florida with art of the highest caliber.
The New World Center, NWS' Frank Gehry-designed, 100,000 sq. ft.facility offers an array of opportunities for
musical experimentation with digital technology aimed at broadening and diversifying audiences.
Programming
The following is a selection of the 82 planned performances for the New World Symphony's 2014/15 season:
Program/Performance/Event Title Date(s) Participating Artist(s) Venue(s)
10/11-12/14 Michael Tilson Thomas,
Saturday/Sunday Subscription Series conductor New World
(2 performances) Tamas Varga, cello Center
Michael Tilson Thomas,
Friday Night Subscription Series 10/17/14 conductor New World
Yefim Bronfman, piano Center
Saturday/Sunday Subscription Series 11/08-09/14 New World
Robert Spano, conductor Center
(2 performances)
New Music Series 12/06/14
John Adams, conductor New World Timothy McAllister, saxophone Center
Saturday/Sunday Subscription Series 12/13-14/14 Rafael Fruhbeck, conductor New World
(2 performances) Ingrid Fliter, piano Center
Friday Night Subscription Series 01/09/15 James Conlon, conductor New World
Center
Saturday/Sunday Subscription Series 01/24-25/15 Alasdair Neale, conductor New World
(2 performances) NWS musician soloists Center
02/21-22/15 Michael Tilson Thomas, New World
Orchestra Special conductor
(2 performances) Paula Robison, flute Center
Saturday/Sunday Subscription Series 03/07-08/15 Jeanette Sorrell, conductor New World
Center
(2 performances)
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Program/Performance/Event Title Date(s) Participating Artist(s) Venue(s)
Friday Night Subscription Series 03/20/15 Marin Alsop, conductor New World
Center
Saturday/Sunday Subscription Series 04/11-12/15 Stephane Deneve, conductor New World Center
(2 performances)
04/25-26/15 Michael Tilson Thomas,
Saturday/Sunday Subscription Series conductor New World
Center
(2 performances) Anne-Sophie Mutter, violin
various New World
Chamber Series TBD
(5 performances) Center
various
New World
Free Concert Series (20+ N/A
Center
performances
Community Outreach
The New World Symphony(NWS) believes that orchestral musicians should be ambassadors for classical
music—as advocates, educators, mentors, and leaders. Instruction and hands-on experiences throughout the
2014/15 season will serve to sharpen Fellows' presentation, speaking, and teaching skills, allowing them to
interact effectively with community members. NWS staff and visiting faculty from Carnegie Hall Academy will
show Fellows how to teach and engage with varied audiences. As a result, NWS Fellows will mentor local K-12
student musicians, offer free music lessons, coach school bands and orchestras, and make presentations
throughout the community.
Program highlights include the following:
Program Date Venue Constituencies Addressed
Concerts for Kids 09/28/14 & New World Center Community children: ages 4-
01/18/15 12
Education Concerts Fall 2014 New World Center Students: grades 6-12
Education Concert Spring 2015 Various, worldwide Students: grades 6-12
Webcast
NWS In the Schools season-long Various, Miami-Dade and Students: grades 6-12,
Broward County college
Young Musicians' season-long Various, Miami-Dade and Students: grades 4-12
Lessons Broward County
NWS In the season-long Various, Miami-Dade and Community: all
Community Broward County
Side by Side Spring 2015 New World Center Students: grades 7-12
Ensemble
MusicLab season-long Various, Miami-Dade County Students: grades 7-12 (select
schools
Medellin Musician season-long Miami Beach, FL Students: ages 13-17
Exchange Medellin, Colombia (Colombia)
Inside the Music season-long New World Center Community: all
Project 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
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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 0 Admissions 1,395,100 0
Personnel -technical 1,691,814 0 Contracted services 0 0
Personnel -administration 3,586,730 0 Tuitions 0 0
Outside artistic fees/services 1,092,066 0 Corporate support 800,000 100,000
Outside other fees/services 190,000 70,000 Foundation support 4,566,454 0
Marketing/Publicity 545,096 0 Individual support 1,040,000 0
Space rental 953,285 0 Government grants
Utilities/Telephone 648,420 0 Federal 90,000 0
Equipment 73,390 0 State 150,000 0
Office supplies 29,328 0 Local 432,182 0
Other Costs: (Itemize below) Other Contributions (Itemize below)
Travel 229,780 0 Third Party Rental (net) 439,250 0
Insurance 797,874 0 Special Event Proceeds 1,385,000 0
Orchestra Stipend 1,662,638 0 Endowment Income 3,776,081 0
Fundraising/Development 201,246 0 Interest and Dividends 1,000 0
Interest Expense 31,200 0 Other Revenue 292,000 0
Production & Other 2,669,200 30,000
City of Miami Beach Grant Award 35,000
Total cash expenses 14,402,067 Total cash revenues 14,402,067
Total in-kind expenses 100,000 Total in-kind revenues 100,000
Total project expenses 14,502,067 Total project revenues 14,502,067
CASH & IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: New World Symphony
Date(s) of Project:
Grant Award: $35,000
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. (Cultural Anchors excluded from these restrictions.)
Grant Expenses
Personnel —artistic 32,500 Equipment Rental
Personnel —technical Space rental (Performance
Related Only)
Outside artistic fees
Marketing/Publicity 2,500 Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): 35,000
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement. (Cultural
Anchors excluded from this restriction). All publications associated with City of Miami Beach cultural
grant support in FY 2014/15 must include the City of Miami Beach Centennial logo and the following
byline where appropriate: "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
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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 (Cultural Anchors excluded from this restriction)
• "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 2014-15 Fiscal
Year
• 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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