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New World Symphony '. ~..... ~ M1AMlll!ACH Art} cou~clL ~11I-e'1__ This Grant Agreement is entered into this \ -; -\? day of \\1 W ~ ,,>.t..y" , 2002, belween the Cily of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and New World Symphony (Grantee). City of Miami Beach Cultural Arts Council 2002/2003 Cultural Arts Grant Agreement Article II Grant Description 1. Grantee: Address New World Symphony 541 Lincoln Road City, state, Zip Miami Beach FL 33139 Phone, fax, e-mail (305) 673-3330, eld. 263(305) 673-6749 pwoehrle@nws.org 2. Grant amount: 24,800 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 and 2-8, attached hereto 5. Contract deadline: October 31, 2002 6. Expenditure deadline: September 30, 2003 7. Project completion date: .......1 "') I 'Z.H ~ 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. parties hereto have executed this Agreement this \'~~ day of GRANTEE! ~t.vJ v.)",\'A ':>1 ""f~ Print Name of Organization \, l FederallD # S '\ . z. ~ () '\ fl f) ~ wr~ obert Parcher, City Clerk Date (Corporate Seal) ........~, . . 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 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 DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit NO.1. All expenditures will be subject to the terms of this Agreement. and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justifying the need for such changes. All Grant recipients must participate in a minimum of one Second Thursdays (see Article 111-19). The following City of Miami Beach "Anchors" are required to provide specific information 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, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 2002/2003 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. ReDorts: 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 Director of the Council with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 45 days ofthe Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2003 to receive the up to 50% of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due no later than 45 days after the completion of the City's Fiscal Year on September 30, 2003. 4. Amount of Grant and Pavment Schedule: The total amount of the Grant is speCified in Article 1-2 (subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award. 5. Proaram Monitorina 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. Page 2 of 8 6. Bank Accounts and Bondina: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accountina and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Councilor 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. Publicitv and Credits: The Grantee must include the City of Miami Beach Cultural Arts 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 same manner as if Grantee defaulted under this Agreement, pursuant to Article 11-12. 9. Liabilitv and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name ofthe City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit the responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assianment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. 11. ComDliance with laws: The Grantee agrees to abide by and be govemed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments, ofthe Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of a breach of any Page 3 of 8 " -. 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 ofthe 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 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 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 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. Indulaence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time of the breach of failure occurs or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Caotions Used in this Aareement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Reoresents Total Aareement: 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 1111 Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: Page 4 of 8 '. The Grantee hereby agrees that it will comply with Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. 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 a minimum of one .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 of Miami Beach. 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. [The remainder of this page is left intentionally blank] Page 5 of 8 Exhibit 1/ Revised Project Description Organization: "-!c.\N ""O~~~ ">1~~1 Project title: 1.0\)1. - ~()i)} ~~ 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 Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. Funds from the Miami Beach Cultural Arts Council support the New World Symphony's 2002-2003 season, which runs from September to May. NWS' mission of preparing highly gifted graduates of distinguished music programs for leadership roles in orchestras and ensemble groups throughout the world is achieved in three ways: performances, community engagement, and musical training. Performances: NWS is presenting more than 60 concerts during the season, 16 of which will be free and open to the general public. Unless otherwise noted, all performances take place at the Lincoln Theatre in Miami Beach. Highlights for the2002-Q3 season include: *An opening night concert of American music, featuring renowned soprano and Broadway star Audra McDonald, in a program of works by Bernstein, Copland, Gershwin, John Adams, and Duke Ellington; *A November British Music Celebration of the works of canonical and contemporary British masters, including an evening with composer George Benjamin conducting NWS in a program of his own work; *Two "Latter-Day Romantics" concerts in December led by principal guest conductor Alasdair Neale and visiting violinist Pamela Frank, with pieces by Danielpour, Barber, and Rachmaninoff; *An all-Beethoven program in January featuring Houston Symphony Music Director Hans Graf at the podium and German pianist Till Fellner, both making their NWS debuts; *A festival exploring the Baroque period with programs of orchestral and chamber music led by Bernard Labadie, an authority on Baroque music and conductor of the acclaimed Les Violins du Roy ensemble; *An evening with renowned American composer and pioneer John Adams, conducting his Violin Concerto with young violin sensation Leila Josefowicz; *An extensive February study of the nuances and style of the French music tradition, with NWS artistic director Michael Tilson Thomas conducting programs of Poulenc, Debussy, Faure, Franck, and Varese; *The world premiere of Meredith Monk's first-ever work for symphony orchestra, Chants and Dances for Orchestra, commissioned by and written in conjunction with NWS; and *A closing celebration in April and May of the German romantic Robert Schumann, with four performances of his various works by the NWS orchestra and visiting artists Laurence Lesser (cello), Andreas Delfs (conductor), and Jon-Kimura Parker (piano). Community Engagement: Extensive community engagement programs make classical music accessible to the city's children, seniors, and underserved minority populations, while making NWS fellows better teachers and advocates for their art form. Programs for children include a "Kids in the Concert Hall" series, with programming designed for school- aged children; the annual Side-by-Side concert, in which local students perform alongSide the NWS orchestra; and the Music Mentor Program, which pairs students with fellows for OnE~-on-one mentoring and instruction throughout the season. NWS works regularly with a number of Miami Beach schools, among them Fienberg Fisher Elementary, South Pointe Elementary, and Miami Beach Senior High. Seniors and underserved minority groups also benefrt: from free concerts, music education classes, and performances at local churches, cultural centers, and seniors' residences. Finally, NWS has participated in three Second Thursdays events to date: a joint performance with the Maximum Dance Company on October 10, featuring modern dance alongside classical compositions; a November 14 NWS Musical Xchange, as part . of the month's ongoing British Music Celebration; and a December 12 collaboration with the Jewish Museum for the "EI Viaje (The Journey): Jewish Artists and Poets of Latin America." Musldan Training: Professional musical training and education efforts for NWS' 87 fellows comprise courses, training seminars, and master classes with visiting guest artists and coaches. Along with those previously mentioned under Performances, over 100 artists visit NWS each year for individual, sectional, and master class coaching, as well as intensive residencies. A new full-time Conducting Fellowship now permits one promising young conductor a year the opportunity to work with Michael Tilson Thomas and a score of visiting conductors throughout the season. Reflecting its commitment to training fellows as leaders of their future communities, NWS also offers non-orchestral training programs and seminars in audience engagement, communication, and other topics relating to music administration. . . . . , Exhibit 2-A:Project Budget I Revised Total Project Budget Name of organization: New WOrld symphony, Inc. 2002--2003 Season Project Title: Date(s) of Project: September 2002--May 2003 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 cash in-kind Personnel - artistic Per$onnel- technical 524,771 Personnel _ administration 1 ,738,322 Outside artistic fees/services 926,488 Outside other fees/services 42,725 Marketing/Publicity 123,372 space rental 618,153 Travel 218,403 Utilities 1 63, 520 Equipment rental 23,300 Office supplies 23,924 Insurance(Security 49,509 Other Costs: Interest Expense Fundraising Expense orchestra Stipends Production & other (itemize below) 65,000 127,175 1,333,737 948,957 Total cash expenses Total In-kind expenses Total project expenses $7,089,420 $95,000 $7,184,420 (cash + in-kind) REVENUES cash in-kind AdmissIons 710,000 Contracted services 25,000 Tuitions Corporate support 477,000 Foundation support 700,000 Individual support 689,060 Government grants 300,000 (Local ) Federal 50,000 State 180,000 Other Contributions (Itemize below) Annual Fund, 3,958,360 Supporting Fndn, Endowment :meane, etc. Airfare & Audit 95,000 Grant award $24r800 Total cash revenues $7,089,420 Total in-kind revenues $95,000 Total project revenues $7,184,420 (cash + in-kind) Page 7 of 8 . < , 1 ..... Ii. '" 'II I ',...... Exhibit 2~B: Project Budget I Revised Grant Award Budget Name of organization: Project Title: Date(s) of Project: New WOrld Symphony, Inc. 2002--2003 Season September 2002-~y 2003 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant Exoenses Personnel- artistic Personnel- technical $16,000 Space rental ~ . << Marketing/Publicity Outside other fees Personnel - administrative Travel (local only) Outside artistic fees $8,800 Other costs (itemize below) TOTAL $24,800 Grant requirements: Grant monies must be spent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline .City of Miami Beach" Grant funds may not be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant from the City of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (permanent 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 Page 8 of 8 ,;'" Revisions to the New World Symphony's 2002-2003 grant project are as follows: *The year's third installment of NWS' "Sounds of the Times" series, devoted to new and contemporary music, has changed. In anticipation of NWS' 2003-04 residency at the Accademia de St. Cecilia in Rome, the evening of Saturday, February 22 will now feature an entire program of works by the Italian composer Luciano Berio, conducted by Michael Tilson Thomas, along with violin duets performed by a NWS fellow and an accompanying high school violinist. *The February 20 world premiere of composer Meredith Monk's first-ever work for symphony orchestra, Chants and Dances for Orchestra, has moved to Friday, April 4, where it will be performed exclusively and conducted by Michael Tilson Thomas. *The world premiere of Puerto Rican-born Roberto Sierra's Folias for Guitar and Orchestra, originally scheduled as a collaboration with a dance company during the Festival of the Americas on September 21, was instead performed on its own with the Cuban guitarist Manuel Barrueco. *The launch of NWS' unique year-long Conducting Fellowship, the only one of its kind in the ODuntry, to bring talented young conductors to train and perform alongSide other fellows in the orchestra. Established with the help of generous gifts from the Irene Diamond Fund and the Geraldine C. and Emory F. Ford Foundation, the Conducting Fellowship provides for both a stipend and housing in the musicians' residence, as well as the chance to work with MTT and the many guest conductors who visit NWS every year. *The growing incorporation of Internet2 technology into the NWS concert-going experience, as seen by the September 14 guest appearances of John Adams and Aaron Jay Kernis observing the performance of their works via instantaneous Internet2 transmission. Among the future performances planned in this vein are a winter appearance by Los Angeles Philharmonic conductor Esa Pekka Salonen, live from the West Coast via Internet2. *The world premiere of a new composition by Michael Tilson Thomas, Island Music, in an all-MTT program conducted by Thomas himself, on April 10. *Two special donor appreciation and 15th anniversary season events, with Michael Tilson Thomas and conducting fellow Danail Rachev leading programs of Beethoven and Sibelius on April 11 and 12.