Grant Agreement with Orchestra Miami, Inc. for $7,854.04 , C2°/S---dq/V/
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NM 411111•111111!AMIIMIII•1011111
City of Miami Beach Cultural Affairs Program and Cultural Arts
Council Fiscal Year 20151B bra!Affairs Grant Agreement
This Grant Agreement("Agreement") is entered into this 30th day of September, 201, between the City of
Miami Beach, Florida (the"City"), and ("Grantee").
Article I I Grant Description
4. Grantee: Orchestra Miami;linc-
Grant Contact: Elaine Rinaldi
Address: P.O. Box 7598
City, State, Zip: Miami, FL 33255
Phone, fax, e-mail : 786/97.2547, erinaldk orchestramiami.orq
2. Grant amount: $7,854.04("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: Art 1 1) 20%
8. Final Report deadline: Must be postmarked or delivered no later than 4 days after Project
completi••
IN WITNESS WHEREOF, ; 414;ereto hav- Atkd tt� event this day of N _ 2015.IS
�; "��.•''•• ''•., 1l.' III
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Philip Levine, MI, or''',7", - - &,,-. ;1 °i
VA! `; • igrtature1, /: / '
Attest: i//// ,/ „tP. I r RP ORA.r A LORIDA,COUNTY OF MIAMI-DADE
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Rafael , nado,City C -rk ' /;„„_<04/
"9..�''•..•c—a ..•1'teroing instrument was acknowledged before me
Grantee's Corporate Se•, Here) ....,.
11 6`N th 3 day of J 1 V- 2015,by
0 1r e k o,,,k--r'c �A vv,t9 ,a not-for-profit
corporation. He/She is personally known to me or has
produced Cr---1.■.._T l� as
GRANTEE:
7j�=/i,.��Z1-� identification.
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���e.-der-a;• C.V `-�" QQ Wt.VU(/'
BY. � Signature of Notary Public
Printed Name of Organization's Authorized Representative
(City Attorney Approval Here) •
Notary Name: .
'i:. . SMAYESTA A.AHMEO
APPROVED AS TO Notary Public.State of Florida
Notary Public,State of Flor -� t
FORM & LANGUAGE • `y +• Commission•FF 185575
& FO EX CUTION -- My Comm.Expires Feb 27,2019
My Commission Expires: �. Y P
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Ol y Attu,iley Dale
Article II / General Conditions
1. Parties:The parties to this Agreement 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 (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 to itemized Grant Award Budget, -attach
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
wed-Grant Award Budget in Exhibit 2-8 shall Tat.be faem fitted•without the phor 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
pnrprse,the.Grantee_must supply the.C1ilh Ira'.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.
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,4o,invnediately 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
Reese.daily,Grantee will be ineltga# a 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 etion, to discontinue funding of the-Grant-if it is not-satisfied the progress of the Project
or the content of any required written report. In the event of discontinuation of the Grant or at the dose 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 fight thereafter to enforoevr compel strict-compliance-with ;-co ant, 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.Maw, -Miami Beach Dept of Tourism.and Cultwal.Development,. 1700 Convention
n
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Center Drive, Miami Beach, Florida 33139-1819.
46. Captions this ree t: Captions, as used in th s Agreernefit,-ace for 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 its-attachments, are to be-considered in construing its terms. No a canons 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 foundthatthe
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.
44.The Grantee also acceptsand agrees 4e comps 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.
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
disciinlination 4n,employment, hag and fftibiiC --on account,of face, -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.tbat-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- 3 -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 1 Revised Project Description
a izatiOTr: 1tamf
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:
"Beethoven on the Beach"returns to Miami Beach at 8:00 PM on Saturday, March 12, 2016, at the Miami
Beach Bandshell, located at 7250 Collins Avenue. Orchestra Miami's most popular event of the year, this fun
concert is free for everyone. While audience members from all over Dade and Broward Counties attend this
event,we are particularly pleased to offer this program for the residents of the mid-beach area.
The 2016 version of"Beethoven on the Beach"will feature a new program created specifically for this occasion.
The concert will begin with the famous a lively Overture to The Marriage of Figaro by Mozart,followed by the
gorgeous Concerto for Cello in A Minor, Op. 129 by Robert Schumann featuring Ian Maksin as the soloist, and
the stunning Symphony N. 3 in E Flat Major(the"Eroica")by(of course)Beethoven.
One of the most versatile cellists in the world today, Ian Maksin has gained international acclaim for his
b 'ul.tame d Aistaact-std as as.tais-c sa tac way, the audience.Apart-from being:recognized
as one of the leading classical musician has, Maksin plays blues,jazz,flamenco, rock R&B, world music,and
has taken the cello well outside its conventional scope.
A new feature of"Beethoven on the Beach"will feature the"Children's Corner",where kids can play interactive
games about music, color, and learn about Beethoven and the orchestra before and during the concert.
Project -description as .(if ap btee based upon the C -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.
There are two changes to the program which Orchestra Miami will perform.The 2016 version of"Beethoven on
the Beach"will begin with the famous lively Overture to The Marriage of Figaro by Mozart,followed by the
_gorgeous Variations on a Rococo Theme, Op. 33 by Piotr Tchaikovsky, featuring Ian Maksin as the soloist.The
concert concludes with Beethoven's Symphony N. 8 in F Major, Op. 93.
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Exhibit 2-A: Project Budget/ Revised Total Project Budget
Name'of organization: Orchestra Miami
Date(s) of Project: Saturday, March 12, 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 2,000 Admissions
Personnel -technical Contracted services 4,000
Personnel - administration 2,000 Tuitions
Outside artistic fees/services 2$,000 Corporate support 4,000 6,350
Outside other fees/services Foundation support 10,000
Marketing/Publicity 3,700 5,000 Individual support 3,195.96
Space rental 1,500 500 Government grants
Utilities 200 Federal
Equipment rental 300 State
Office supplies 200
Other Costs: (Itemize below) Other Contributions (Itemize below)
Travel Guest Artist
400 TDC Grant-MDC 4,000
Concession Items 150 250 Concessions 400
Housing Guest Artis 600 HCJ Grant-MDC 3,000
City of Miami Beach Grant Award $9,854.04
Total cash expenses 38,450 Total cash revenues 38,450
Total in-kind expenses 6,350 Total in-kind revenues 6,350
Total project expenses 44,800 Total project revenues 44,800
CASH & IN-KIND CASH & IN-KIND
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•Exhibit 2-B: Project Budget/ Revised Grant Award Budget
Name of organization: Orchestra Miami
Date(s) of Project: Saturday, March 12, 2016
Grant Award: $7,854.04 + $2,000 Fresh Air Funds TOTAL: $9,854.04
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 Space rental 1,000
(Performance Related
8,854.04 Only)
Outside artistic fees
Marketing/Publicity Total Other Costs
(itemize Below)
Printing
Description Amount
Postage
9,854.04
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 Da 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);
• . . g events,beauty pageants or sporting mss;
• 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.
-Pry of r'm e(s),such as programs,brochures and flyers.
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