Miami Symphony Orchestra M [ AM. I B LAC H
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011/12 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami Beach,
Florida (the City), and (Grantee).
Article I I Grant Description
1. Grantee: - Miami Symphony Orchestra
Grant Contact: Maricarmen Tredunlo
Address: 10300 S.W. 72nd Street Suite 499
City, State, Zip: Miami, FL 33173
Phone, fax, e- mail (305) 275- 5666, (305) 274 -1792, mtredunloa- themiso.org
2. , Grant amount: $13,944.86 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, 2011
6. Expenditure deadline: September 30, 2012
.7. Project completion date: April 1st, 2012
8. Final Report deadline: ' Must .be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREO , the�parties hereto t ave executed this Agreement this 23 day of N&VC-44113 . , 2011.
Ma Herrera ow r, Ma or Signature
Attest: STATE OF FLORiBA tJ - -TY OF MIAMI'- DADE
Robert Parcher, City Clerk The foregoing. instrument was acknowledged before me
(Grantee's Corporate Seal `Here) thisday of 0 2011, by
M ' —4( C-, (o - � ,�. �'� C- of
a not - for -profit
corporation. He /She is personally known to me or has
prods i - ed; 1 �3 t k Ve,f C' SL .�_ as
iden1,ficatio
GRANTEE:
Signature of blic
Federal ID #: �
BY: r
Printed Name of Organization's Authorized Representative Notary Name:
(City Attorney Approval Here) Notary Public, State of Florida
" JENNIFER R. BLASER
APPROVED AS TO MY COMMISSION # DD919228
CA F ANGi E My Commission. Expires Exrlt�s: st»et.2 2013 B I \s/ Ill 1.800--3- NOTARY . Notary ecount Assoc. o. -
- ATTORNE ,— AT
Article 111 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 -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.. Re orts: 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
s
- . within45 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). 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 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 orderlyfashion 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 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 The Grantee must include the City of Miami Beach logo and the following credit
fine 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 indemnifyand 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 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 liable to pay personal injury or property damage claim or judgment byanyone 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 11 -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, the Cultural Affairs Program Manager may terminate this.Agreernent -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.
1n 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 subsequent City fiscal year.
However, Grantee will be allowed to apply for grants in future fiscal years.
b. F 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.
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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 I -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. iNo representations, except those contained within this
agreement and its attachments, are to be considered in construing its terns. 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.
200od et seq.) prohibiting discrimination on the basis 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, 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.
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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 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 HAViF TO A TRIAL BY
JURY OF ANYCIVIL 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: Miami Symphony Orchestra
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
GREAT AMERICANS at FESTIVAL MIAMI — OCTOBER 23rd, 2011
NEW WORLD CENTER Miami Beach
2. ' GOLDEN SOUNDS from HOLLYWOOD — DECEMBER 11th, 2011
NEW WORLD CENTER — Miami Beach
BY PUBLIC ACCLAIM MISO GOES BACK TO THE MOVIES!!!
A third season of great film scores by Hollywood most famous composers.
3. A VALENTINE STRAVAGANZA — FEBRUARY 12th, 2012
NEW WORLD CENTER — Miami. Beach
4. MASTERPIECES by SUBSCRIBER'S REQUEST! — APRIL 1 st, 2012
NEW WORLD CENTER —,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.
The program has been modified to take into consideration the reduced award. The 2011 -2012 Season will include
three concerts as follows:
December 18th, 2011 "Golden Sounds from Hollywood" @ New World Center
BY PUBLIC ACCLAIM MISO GOES BACK TO THE MOVIES!!!
A third season of great film scores by Hollywood most famous composers.
February 12th, 2012 "A Valentine Extravaganza" @ New World Center
Tchaikovsky, Romeo & Juliet; Goldmark, Andante for Violin & Orchestra; Sarasate, "Fantasy" from Bizezt's Carmen;
Mascagni, "Intermezzo" from Cavalleria Rusticana; Bernstein, "Symphonic Dances "from West Side Story.
April 1 st, 2012 "Mahler First" @ New World Center
Schoenberg, Verklarte Nacht, Op. 4; Mahler, Symphony No. 1.
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Exhibit 2 -A: Project Budget / Revised Total. Project Budget
Name of organization: Miami Symphony Orchestra
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 110,000 Admissions 64,000
Personnel - technical 50,000 Contracted services
Personnel - administration 40,000 Tuitions
Outside artistic fees /services 20,000 Corporate support 115,000' 80,000
Outside other fees /services Foundation support
Marketing /Publicity 37,000 Individual support 60,000
Space rental 60,000 Government grants
Utilities 1,200 Federal
Equipment rental 4,000 State
Office supplies Local MD MCI 40,000
Other Costs: (Itemize below) Other Contributions (Itemize below)
Payroll Taxes 4,200• Special Events 50,000
Box Office 4,200 Sales of CDs 2,000
Music Rental 8,400 Cash on Hand 1.055
Traver 7,000
City of Miami Beach Grant Award 13,945
,Total cash expenses 346,000 Total cash revenues 346,000
Total in -kind expenses 80,000 Total in -kind revenues 80,000
Total project expenses 426,000 Total .project revenues 426.000
CASH & IN -KIND CASH & IN -KIND
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Exhibit 2 -B: Project Budget / Revised Grant Award Budget
Name of organization: Miami Symphony Orchestra
Date(s) of Project:
Grant Award: $13,944.86
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 13,944:86
Related Only)
Outside artistic fees
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): 13,944.86
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
Grant Use Restrictions (grant funds may not be used towards):
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• 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 Invoices AND checks must be dated within the 2011 -12 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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