Grant Agreement with The Miami Symphony Orchestra, Inc. for $15,970.87 do/c-029(Y7
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MIAMIBEACH
City of Miami Beach Cultural Affairs Program and Cultural Arts
Council Fiscal Year 2015/16 Cultural Affairs Grant Agreement
This Grant Agreement("Agreement")is entered into this 30th day of September, 2015, between the City of
Miami Beach, Florida (the"City"), and ("Grantee").
Article I/Grant Description
1. Grantee: The Miami Symphony Orchestra, Inc.
Grant Contact: Eduardo Marturet
Address: 10689 N. Kendall Drive, Suite 307
City, State,Zip: Miami, FL 33176
Phone,fax, e-mail : 305.798.8924, 305.275.4363, eduardo@marturet.net
2. Grant amount: $15,970.87("Grant"or"Grand Funds")50%paid upon execution of this Agreement.
Remaining 50%+$2,000 Fresh Air Fund paid on completion of Project and submission and approval of
Final Report.
3. Project Description: See Exhibit 1, attached hereto("Project"or"Project Description").
4. Itemized budget: See Exhibits 2-A(Project Budget)and 2-B(Grant Award Budget),attached
hereto.
5. Contract execution deadline: November 15, 2015
6. Expenditure deadline: September 30, 2016
7. Project completion date: April 30,2016 .
8. ' Final Report deadline: Must be postmarked or delivered no later than 4a days after Project
- , completion date.
IN WITNESS WHEREOF h= "- ereto have executed this Agreement this day of ,2015.Allf
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Philip Lev'ne, f::-',/ i -9,,�.
ax-' Signature -/�.4'
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Rafael Granado, ity ' ? ,r�s L . /• ,j r,� cg' g instrument was acknowledged before me
Grantee's Cor•orate Seal Here S /�f . /
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col`��t`•. He/She i- pers�.ally known to me or has
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GRANTEE: . '
•-ntification.
Federal ID#: 65-0165057 A'
By: Eduardo Marturet
S'• -ture of-�otary Public
Printed Name of Organization's Authorized Representative ��,,.ti 'r'p, ,4 RAFAEL J.DlAZ-BALART
(City Attorney Approval Here) i7 AS TO �'' Notary Public-State of Florida
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APPRO Notary Name: =°�'' •
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FORM & LANG AGE ' ..ap;i •' Commission ..EE 207487
Notary Public,State of Flo r.;04,„7.417
FOR ECU ION I_ Bonded Through National Notary Assn.
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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 (the "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 1. All of the Grantee's expenditures shall
be subject to the terms of this Agreement, as specified in the itemized Grant Award Budget, attached
hereto as Exhibit 2-B. A mandatory dollar for dollar ($1 to $1) match by the Grantee is applicable to all
Grant programs. Grant applicants must demonstrate this match through cash, other matching grants and/or
in-kind contributions, which in-kind contributions may not exceed 25% of the total Project Budget. Line item
changes to the Project 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 writing, detailing and justifying the need
for such changes, in advance of the Project's commencement.
3. Reports: This Grant has been awarded with the understanding that the 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, which
shall document the Grantee's satisfaction of 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, 2016, must submit their final reports no later than
November 15, 2016. New Grant awards will not be released to the Grantee until all Final Reports for
previously awarded grants are received. The City may withhold any future payments of the Grant, or the
award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if
such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City
without the prior written consent of the Grantee.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions set forth herein). 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. Grant Funds will only be remitted to the Grantee once the Mayor and
City Commission have approved the Grant award, and once all parties have executed this Agreement.
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5. No guarantee of future funding: The Grantee acknowledges that the receipt of this Grant does not
imply a commitment on behalf of City to continue or provide funding beyond the terms specified in this
Agreement.
6. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor and
conduct an evaluation of the Project funded by this Grant, which may include, 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 City's Cultural Arts Council to obtain specific feedback from program
participants.
7. Bank Accounts and Bonding: Grantee shall maintain all monies received pursuant to this
Agreement in an account with a bank or savings and loan association that is located in Miami-Dade
County. The Grantee shall provide the City with the name of the bank or savings and loan association, as
well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds.
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8. Accounting and Financial Review: Any activities funded by this Grant must take place during the
City's fiscal year for which the Grant is approved (October 1 - September 30). The Grantee shall keep
accurate and complete books and records of all receipts and expenditures of Grant Funds, in accordance
with reasonable accounting standards, and shall retain such books and records for at least four (4) years
after completion of the Project. 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. At the request of the City, Grantee shall
provide the City (and/or its designated representatives) reasonable access to its files, records and
personnel during regular business hours for the purpose of making financial audits, evaluations or
verifications, program evaluations, or other verifications concerning this Grant, as the City deems
necessary. 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.
9. Publicity and Credits: Throughout Calendar Year 2015, the Grantee must include the City of
Miami Beach Centennial logo and the following credit line in all publications (where appropriate) that are
related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Beginning
January 1, 2016, the Grantee shall replace the City's Centennial logo with the City's standard logo in all
publications (where appropriate) that are related to the Grant. Grantee's failure to comply with this
paragraph may preclude future grant funding from the City, in the same manner as if the Grantee defaulted
under this Agreement, pursuant to Article 11-13. Except as specified herein, Grantee shall not use the
name, trademarks, or logos of the City without the City's advance written approval.
10. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its
officers, employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and
costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property,
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 of 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 defend 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 Statutes, 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.
11. Assignment: The Grantee shall not be permitted to assign this Grant to any other party. Any
purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-13.
12. 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
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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.
13. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the
provisions of this Agreement (a "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 for or receive a grant in the subsequent City
fiscal year. However, Grantee will be allowed to apply for grants in fiscal years following the subsequent
City fiscal year.
b. For more than first-time violations - Any compliance infractions beyond first-time violations will
be addressed by the Cultural Affairs Program Manager, on a case-by-case basis. As part of his
consideration, the Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts
Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain
within the sole discretion of the City.
Any uncommitted Grant Funds which remain in the possession or under the control of the Grantee
as of the date of the Expenditure Deadline specified in Article 1-6 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.
c. Notwithstanding the provisions of Section 13(a) or 13(b) of this Agreement, and without regard
to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and
absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project
or the content of any required written report. In the event of discontinuation of the Grant or at the close of
the Project, any unexpended Grant Funds shall be immediately returned to the City, except where the City
Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds.
14. No Waiver: No waiver of any breach or failure to enforce any of the terms, covenants, conditions
or other provisions of this Agreement by City at any time shall in any way affect, limit, modify or waive
City's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other
provision hereof.
15. Written Notices: Any written notices required under this Agreement will be effective when
delivered in person or upon 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
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Center Drive, Miami Beach, Florida 33139-1819.
16. 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.
17. 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Article Ill / Miscellaneous Provisions
18. 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 Agreement.
19. 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.), which prohibits discrimination on the basis of race, color, national origin, handicap, or sex.
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The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance
as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national
origin, religion, sex, gender identity, intersexuality, sexual orientation, disability, marital status, financial
status, or age.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans with
Disabilities Act of 1990 (ADA) to remove barriers that 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. Accordingly, the City requires that Grant recipients
provide equal access and equal opportunity and services without discrimination on the basis of any
disability.
20. 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 INTENTIONALLY LEFT BLANK.
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Exhibit 1 / Revised Project Description
Organization: The Miami Symphony Orchestra, Inc.
Instructions: Describe the Project, in complete detail, as approved by the Grants Panel. In a separate
narrative, detail all revisions to the Project, as approved by the City Commission. Please be as specific as
possible, and include the name of any events, specific dates, venues, times, artists, etc. Use an extra page
if necessary.
Project description as approved by Grants Panel:
The "MISO in Miami Beach" program for the 2015-2016 Season will include a presentation by the MISO
band and two additional performances by the orchestra's Chamber Music Ensembles. The program begins with
a presentation of a special program, planned for December 2015, that features the music of the Beatles to
celebrate the group's visit to Miami Beach and the Miami Beach Band Shell's location next to visual artist Kevin
Arrow's"Beatles Mandala"that was completed as a Miami Beach Art in Public Places project. The program will
include Peter Breiner- Beatles Go Baroque; Florencia Di Concilio -on Golden Slumbers; Hans Zimmer- Pirates
of the Caribbean; George Bizet- Farandole; John Williams-Superman.
For the performance that will take place in the spring of 2016 at St. John's on the Lake United Methodist
Church (Sunday, February 21, 2016)the program will be as follows: Wolfgang Amadeus Mozart- Divertimento
in F Major; Alexander Borodin -String Quartet No. 2; Maurice Ravel - String Quartet.
The third concert will take place in the Sanctuary of the Cuban Hebrew Congregation of Miami Beach
(Sunday, April 2016) and the program consists of. Wolfgang Amadeus Mozart- Piano Quartet in G minor;
Johannes Brahms- Piano Trio in C minor; Robert Schumann - Piano Quintet in E-flat Major.
The programs for the"MISO in Miami Beach" 2015-2016 Season will attract the city's diverse population
and will be promoted at area hotels and community service agencies for the enjoyment of residents and visiting
tourists.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects funded by Grants 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: The Miami Symphony Orchestra, Inc.
Date(s) of Project: December 2015, February 2016, April 2016
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 Admissions 8,000
Personnel -technical Contracted services
Personnel - administration 9,000 4,500 Tuitions
Outside artistic fees/services 40,000 Corporate support 25,000 7,500
Outside other fees/services 10,000 Foundation support 8,000
Marketing/Publicity 30,000 7,500 Individual support 7,000 4,500
Space rental 8,500 Government grants 20,000
Utilities Federal
Equipment rental 3,500 State 20,000
Office supplies
Other Costs: (Itemize below) Other Contributions (Itemize below)
Insurance 1,000 MB 15,971
Documentation 971
Video/Photos 1,000
City of Miami Beach Grant Award $17,970.87
Total cash expenses 103971 Total cash revenues 103,971
Total in-kind expenses 12,000 Total in-kind revenues 12,000
Total project expenses 115,971 Total project revenues 115,971
CASH & IN-KIND CASH & IN-KIND
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Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: The Miami Symphony Orchestra, Inc.
Date(s) of Project: December 2015, February 2016, April 2016
Grant Award: $15,970.87 + $2,000 Fresh Air Funds TOTAL: $17,970.87
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 are excluded from these restrictions.)
Grant Expenses
Personnel —artistic Equipment Rental
Personnel —technical 5,000 Space rental
(Performance Related
11,000 Only)
Outside artistic fees
1,970.87
Marketing/Publicity Total Other Costs
(itemize Below)
Printing
Description Amount
Postage
17,970.87
TOTAL (must equal grant award):
Allowable Grant Expenditures Related 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; and
• 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 no be used towards the following activities or items:
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
funded by the City's Cultural Affairs grant programs;
• Administrative salaries or fees (Cultural Anchors are excluded from this restriction);
• "Brick and mortar" expenses or permanent equipment; unless the purchase price is less than
the cost of rental;
• City of Miami Beach fees or 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 are excluded from this restriction);
• Travel or transportation;
• Insurance Fees (Cultural Anchors are excluded from this restriction);
• Social and/or 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; and
• 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 by the Cultural Affairs Program
Manager.
Required supporting materials for final reports.
• Grantee shall provide the City with copies of all receipts, invoices, cancelled checks
(copies of both front and back) and proof of expenditures of Grant monies. GRANTEE
SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND CANCELLED CHECKS, ETC.
ACCORDING TO THE CATEGORIES SET FORTH IN THE GRANT BUDGET (i.e. - all
artist payments shall be separate from advertising payments). Invoices and checks
must be dated within the 2015-16 Fiscal Year.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s), such as programs, brochures and flyers.
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