Orchestra Miami c2 7
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MIAMIBEACH
City of 1Vliami Beach Cultural Affairs Prograrri and Cultural Arts Council
Fiscal Year 201.1/12 Cultural Affairs'Grant Agreement '
This Grant Agreement is entered into this 27th day of Sept6mber 2011,
bet ween the .City of Miami Beach,
F Florida (the City), and (Grantee).
Article; /Grant ®esc�iption
1.. Grantee: Orchestra Miami
Grant Contact: Elaine Rinaldi
Address: - PO Box 7598
City State, Zip; Miami, FL #3' ;
Phone;, fax, e- mail 786.797.2547, , erinaldi(a�or
2. Grant amount: $5,315.44 50% of base award paid upon execution of this Agreement
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Remaining 0% + 2 000 Fresh Air funds paid.upon completion o
9 ° � � f 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 Granf:Budget, attached he
5:: Contract execution deadline: November -15, 2011
6. Expenditure deadline: September 30, 2012
7. .. p _� t ' ► ,
. Pro "ect com pletion date: , Z
8'. Final Report deadline: _ Must be postmarked. or delivered no later than 45 days after Project
v completion date.:
IN WITNESS WHEREOF, the parties hereto have executed this A* reement.this
9 .day of_ 2011. .
Matti erre-ra Bowe , Mayor
Signature o
Attest: .
d STATE OF FLORIDA, COUNTY OF MIAMI - CiADE
-Robert Parcher, City Clerk r
r . (Grantee's Corp orate Seal Here ) The regoing instrum nt as acknowledged before me
thi daY 011 by.
1
anot- for -profit
1
corpor ate n. a She is jr onally known to me or has
prod as
2 , identi tion:
GRANTEE: -
Federal ID #:
nature of Not Pu 1'
BY:
Printed Name of Organization's Authorized Representative',
(City Attorney Approval Here) Notary 'Name:
APPROVED Notary Public, a e of Florida
FORM & LANGUAGE ,
,;,,
8t FOR EXECUTION ANA C. JIMENEZ-
My Commission Expires'
,r MY COMMISSION.# DD 917755
r , Bonded Thru Notary Public Underwriters
I .. •
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Article 111 General Conditions
1. Parties The parties to this are the ! Grantee listed in Article 1, 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 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 1n -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, 2012, must submit their final reports -no later than November 15, 2012. 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) and the Byron Bonus is contingent upon use of the Byron Carlyle Theatre. 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 fiscalyearfor
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 bythe 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 upon reasonable notice.
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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. Publics 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 11 -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 alt 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. noway 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 govemment 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 11 -12.
11. Compliance with Laws The Grantee agrees to abide: by and be governed by all applicable Federate
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 Vit of the Miami Beach City Code, as amend which is incorporated herein by reference as if fully set
forth .herein.
12. Default/Termination Provisions In the event. the Grantee shalt fafto comply with: any of the- provisions:-
of this Agreement, the Cultural Affairs Program Manager may terminate this Agreement and withheld 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 obligati to the Grantee under this Agreement. Further, in the event of
- terminatkm, the Grantee shall= be req.ui red tor irrrrt ediatety repay to the C30 dlt po r uo n of tree G itwI ti&v shave
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 Wsubrnit a dal report, with= docurnentatierr of
expenditure of all Grant funds already received ( first half] up to the termination date:.
A.dditiomIty Grantee will be ineligible to aipply 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 Wm- time. violations Any corapl ance infractions beyond: first: tine: vioLations wiil bC
considered by the Cultural Affairs: Prograrri Manager, on a= case =by -case base: AL ;►af :�- t �rc�. 4 2€ gt FL�� .
Cultuural. Program Manager shall obtain the recornmendation of the Cultural Arts Council, but the final
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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 Gity when addressed as follows. Gary Farmer,, Cultural! Affairs Program Manager,.
City of Miami Beach Dept. of Tourism and Cultural: Development, 1700 Conventioni Center Drive Miami- Beach,,
Florida 33139- 1819. .
15. Captions Used in this Agreement Captions, as used in this Agree meK- are for convenience of
reference only and should not be deemed or construed as in any way limiting- r extending the language or
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provisions to which such captions may refer.
16. Contract Represents Total Agreerneft This contract, including, its= speciat conditions. and exhibits_
represents the whole and total agreement of the parties.. No representations; except those contained withirrthis
agreement and its attach it � rents, are to be corNs*ideted in cones in its terms, No modifications or amendments
4� �- � a. r menf # _4 n ly ma in writin signed b both artier, and approved b appropriate
.
�-g ..� A.--r .. en, = ag -� g y p pP y
action by th Mayor and City Commission.
Article III 1 Miscellaneous Provisions
17 The Grant awarded herein is the result of an extensive. public review pr ocess,, which; found that
Grantee is erformin a public u through, the p projects, n s
and/or serv ices recomen€le�l -for
P 9 P purpose �9 P
-.u4inort AQ -,,rh- 4 Grant- fl ands fior any prograrn component not meeting this condition.wiff be considered a
beab of 3 g s, ��� �io� the Cif to seed remedies including, but not limited for those
outlined. in this. Grant Agreement.
18. The Grantee also a and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that will comply W.h= T'.1e 1 of the Cif Rights: Aet o , '€ g . (4 :- E �S_G_
2000d et seq.) prohibiting discrimination, .nation. on: the. basis of race... color national origin, hand icap, or sex,
t
h s _ _ ► _ .. at i -a met t _ ..cst_ nrs.. r w'sr,�
? ' t rr ' rr: =_ r.:= rC '3 4:; 3- f *' y rr: tv . t -1 ;►£ tut + or rtr�r� 'k Beach Hu man Rights O as
dl fi S -,e: .. _ r.n 31 � h 61 -9 of e- C Co e at� [;�, as a tt� t��t }tt y� t it
}:. 3t } }i.}�,} � syd�y.id,�j, }�,. i�4.�.�.�T 9. } }33�}, � i „8 • , e.# 3
mended from timt to'_ lt!!le! proh6bi�ing
discrimination in employment, housing and public acc ommodations -on account of raft, color, natk o�`agsl .
religion, sex, gender identity, sexual orientation, disability. mantal status, financial status; or age.
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"
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 personswithout 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.
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-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK-
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Exhibit 1 I Revised Project Description
Organization: Orchestra Miami
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
r
Orchestra Miami proposes to begin a series of free outdoor concerts at Collins Park entitled "Beethoven on
the Beach These concerts would be presented annually, and each concert - would feature at least one well-
known work of Beethoven. On February 18 2012, at 7:00 PM, in celebration of Black History Month we
k will present a program linking Beethoven with Dr. Martin- Luther King- the connection being that the ideals
..of the Age of,Enlightenment were the inspiration for our Constitution, and that the American Civil Rights
movement is an enforcement of the Constitution. Program notes and discussions of the topic can be
downloaded from our website, and a verbal overview will be presented from the stage. The program will
feature I Have A Dream by American composer Lee Hoiby, and Beethoven's iconic Fifth Symphony. The
Hoib Ypiece is written for Baritone soloist and orchestra and the soloist will be .local favorite Graham
' Fandrei. Our target audience will be both local residents who wish to enjoy an outdoor concert as well as
tourists who may be looking for an inexpensive culture fix. This will be the first time that this program will
be presented. in Miami Beach.
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.
There are no changes to the planned programming. However, the date. has been changed to Friday,
March 2, 2011. This change was made to accommodate the busy schedules of Orchestra Miami's
musicians.
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Exhibit 2 -A: Project Budget I Revised Total Project Budget
Name of organization: Orchestra Miami
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 27,000 Admissions
Personnel - technical 6,500 Contracted services
Personnel - administration 3,000 2,000 Tuitions
Outside artistic fees /services 1,000 Corporate support 18,000 500
Outside other fees /services Foundation support 8.000
Marketing/Publicity 4,500 Individual support 2,000
Space rental 500 .Government grants 4,500
Utilities 300 Federal
Equipment rental 3,500 State
Office supplies 300
Other Costs: (Itemize below) Other Contributions (Itemize below).
Printin 500 Private Donor 10,000
Parking /permits 500 Cash on hand 434.56
Insurance 450
. Music Rental /Postage 700
City of Miami Beach Grant Award 5315.44
Fresh Air Fund. $2,000.00
Total cash expenses 48,250 Total cash revenues . 48,250
Total in -kind expenses 2,500 Total in-kind revenues 2,500
,Total project expenses 50,750 Total project revenues 50,750
CASH & IN -KIND CASH & IN -KIND
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f
F _Exhibit 2 -B: Project Budget . / Revised- Grant Award Budget,. .
Name of organization: Orchestra Miami
Date(s) of Project
i Grant Award: $5315.44 + $2,000.00 Fresh Air Fund .
E 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
t
Personnel — artistic Equipment Rental $6,000
(NOT administrative)
Personnel — technical $1,315.44 Space rental (Performance
Related Only)
Outside artistic fees
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage -
f
TOTAL (must grant award): $7,316.44
Grant requirements
f 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."
Project:
Allowable Grant Expenditures as Relates to Grant Proj
. I P 1
• Artistic and technical fees directly related -to the proposed program or event.
• o Production costs related to the proposed program, project or event
. - P P P _9 : P 1 ..
Honoraria
• Equipment rental and expendable materials
I , Marketing
• Publicity
• Equipment rental and personnel necessary to provide program -accessibility as mandated by the
j 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
• "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 /Fund raising 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 ar t days porgy p� of grant
project:
a i . r - _ _ 3 s:. _ X33 3 g r ri��- tiesx. CATEGORIZE ALL
� ss.ag es�nesa.�aa s �9� � 3 ��$ H ��► a
a
_ = 3 3 .:=. 3 3 g � Ei _ CHECKS (front and -back copies), ETC.
ACCORW k a ate., a_- ewe
advertising pa e _ � EFPID`fld AMT.
_
° cesessr e.rog a cse.i cp q� ':G
Year
f of 'logo and credit fine projed pubficatidns end advertisements
• Proof of performance(s), such as programs, brochures and Viers-
I
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