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New World Symphony Grant Agmt . , ". ..-.. < City of Miami Beach Cultural Arts Council 200112002 Cultural Arts Grant Agreement This Grant Agreement is entered into this ,e, day of Dece~OOI between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and New World Symphony (Grantee). Article I I Grant description 1. Grantee: Address City, State, Zip Phone, fax, e-mail Grant amount: New World Symphony 541 Lincoln Road Miami Beach FL 33139 305- 673-3330, ext. 227 305- 673-6749 pwoehrle@nws.org 2. $31,000 50"/6 paid upon execution of this Agreement. With regard to payment of the remaining balance, the City herein represents, and Grantee herein agrees and acknowledges, that the original 50% remaining balance of the grant amount may be reduced by the City as a result of a potential shortfall in the City's Resort Tta collections, said collections to be determined by the City on or about August 1, 2002. In the event of such shortfall, necessitating a reduction in the grant amount of the remaining balance due to Grantee, Grantee herein agrees that said reduced payment shall constitute full and final payment and compliance by the City with the terms of this Agreement, and Grantee further agrees to indemnify and hold City harmless for any damages or injury sustained by Grantee as a result of any potential shortfall in the grant amount Final payment will be made by September 30, 2002, and upon completion of Project, submission and approval of final report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5. Expenditure deadline: Seotember 30. 2002 6. Project completion date: JUN- .$'; ;)fh :>- 7. Report deadline: No later than 90 days after Project Completion Date. , . , IN WITNESS WHEREOF, the parties hereto have executed this Agreement this IS tt. day of ~ t4it1 iat, 2001. AlGItI W~LP SYMl'HoAJt 1M::. . GRANTEFi Print Name of Organization Federal ill # 59 - 2 f () 9 tJ S 6 EjelfllAJ 6 or President , ATTES~K rM~ Robert Parcher, City Clerk BY: Printed Name of Executive Director (GraDt~'s"~rate seal) , /' Signature --- -.....: ~ . '.",~ '---' .- /-."- .:.-' - .:..: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 2.-- ~... O"l.- Date " Article II I 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 Executive Director ofthe City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the CounciL" 2. Proiect Descriotion: 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 ofthis Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Director of the Council. Said requests shall be made in advance to the Director, in writing, detailing and justitying the need for such changes. All Grant recipients must participate in at least one ArtsBeach Second Thursdays (see Article ill-19). The following City of Miami Beach "Anchors" are required to provide specific infonnation in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization(s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, working on collaborative programs, or some similar project with the intent of assisting such smaller arts organization(s). Miami Beach "Anchors" for 200112002 are defmed as follows: ArtCenter(South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FIU Failure to include the above information may result in the cancellation of the Grantee's award, and may disqualifY it from future consideration from the City's Cultural Arts Grant Program. 3. Reoorts: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director ofthe Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director ofthe Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2002 to receive the up to 50% of their Grant award (payable subject to the restrictions in Article 1-2), with final reports due at the completion of the City's Fiscal Year on September 30,2002. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess ofthe total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval ofthe award. 5. Program Monitoring and Evaluation: The Director ofthe Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. j 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 Director ofthe Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City ofMiIImJ Beach ClIlturalArts CouncJllogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article ll-12. 9. Liability and Indemnification: The Grantee shall indemnify and hold hannless the City and its officers, employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the perfonnance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name ofthe City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit the responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence ofthe Grantee entity. 10. Assienment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article ll-12. II. 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 vn ofthe Miami Beach City Code, as amended, which is incorporated herein by reference as iffully set forth herein. 12. Defaultlfermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director ofthe Council may 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 breach of any term or condition ofthis Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event that this Grant is cancelled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the City for another Grant for a one year period commencing on the date the Grantee is notified in writing of the breach of this Agreement. The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration ofthe Grant period. The Grantee will also be liable to reimburse the City for all lost or stolen Grant funds. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as ofthe date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request in writing from the Director of the Council an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (I) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid by delivering to the Director of the Council a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision ofthis Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time of the breach of failure occurs or at any time throughout the term of this Agreement. 19. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: David Whitman, Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach. Florida 33139-1819. 15. Caotions 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. il ;1 ! 16. Contract Reoresents 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. Article III I Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach ofthe terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. ,I :1 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 D.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. I : The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. All Grant recipients must participate in at least one "ArtsBeach Second Thursdays" (Second Thursdays), a cultural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article II - 12 herein. [The remainder of this page is left intentionally blank] Exhibit 1/ Project Description [Note: The following Project Description is revised to represent the possible Grant reduction. as a result of the potential City Resort Tax shortfall.) Organization: New World Symphony, Inc. Project Title: New World ~ymphony 2001-2002 Season Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail the organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. Funds from the Miami Beach Cultural Arts Council will support NWS' 2001-2002 season, which runs from SeptembeI to May. NWS will present 42 full-orchestra and chamber subscription concerts, over a dozen free concerts, two In-Context festivals and other special events. Community outreach will expose the city's children and underserved adult population to classical music through education and performance programs. Professional development training for NWS musicians will attract stellar artists and coaches to Miami Beach, helping NWSfulfill its mission: to prepare highly-gifted graduates of distinguished music programs for leadership roles in orchestras and ensemble groups throughout the world. COMMUNITY OUTREACH: Outreach allows NWS to make classical music more accessible to students and adults in the community, while training musicians to become better teachers and advocates of their art form. NWS works regu,larly with many schools, including the following Beach schools: Fienberg Fisher Elementary, South Pointd Elementary and Miami Beach Senior High. Other schools involved in performance and outreach programs include Nautilus Middle School, Treasure Island Elementary, Fulford Elementary, Highland Oaks Elementary, Madie Ives Elementary, North Beach Elementary, Ojus Elementary and Sabal Palm Elementary. Outreach activities inClude opportunities for students to: participate in one-on-one mQSic mentoring; attend . NWS fOI special outreach concerts designed for school-aged children; perform with NWS musicians at ~ . annual Side-by-Side Concert and other events. Adults also benefit outreach through free concerts, music . education classes and performances at senior centers. Please refer to question 4 for more details about the 2002 season. MUSICIAN TRAINING: In addition to those noted above, many other renowned guest conductors and artists will visit NWS fOI performances and musician training. (please refer to enclosed season brochure fbt 1i'"I'l!'J.5fSseiilnivcllif:r'NWS' has appointed Alasdaire Neale, Associate Conductor of the San Francisco Symphony, as Principal Guest Conductor. He will lead a week of subscription concerts as well as other performances throughout the year and be involved in educational activities. NWS will continue its commission project with Meredith Monk, who is WOIking collaborative1y and interactively with musicians in the composition of a work that NWS will premiere in 2003. A new fellowship in conducting will begin in the 2002 season, augmenting NWS' capacity to train musicians in important "non-orchestral" positions, such as a music library, audio engineering and arts administration/outreach. 2nd Thursdavs September: October: November: December: January: Salute to the Arts Kick-Ofl'was cancelled due to Sept 11 events None (Nancy Lieberman event) Lifelong Learning Pre-Concert Talk String Group combining NWS and high school musicians playing at the Lincoln RdlEuclid Oval, co-sponsored by Children's Cultural Coalition. Theatre Booked Plans fOI February to May include additional adult music classes and pre-concert talks. Exhibit 2-A: Project Budget I Total Project Budget [Note: The foJIowing Project Description is revised to represent the possible Grant reduction, as a result ofthe potential City Resort Tax shortfall.] - Organization: New WorId Symphony, Inc: Project Title: New WorId Symphony 2001-2002 Season Dates of Project: July 1, 2001- June 30,2002 Attach a copy of the total Project bu!iget or list caSh expenses and cash revenues specifically . identified with your program, Project or events. Round off all numbers to the nearest dollar. EXPENSES cash Personnel - artistic 0 Personnel- technical 1{$'9, /2S Personnel- administration ~ 39(), 7/9 Outside artistic fees/services ~ ~ 70 Of) / Outside other fees/services 7$, 963 MarketinglPublicity 3/Z'JO ~ /5, ~ . Space rental 3.15, 356 . Travel I '10,57.5 . . 17t S2() 5(),.JO() 2'1. c> 2. I . 92/31,/ in-kind UtiUties Equipment rental Office supplies Insurance/Security Other Costs: (Itemize below) l/1fc~6<r . 75,t}(J() fi;AlP~""I.>(.vG .37~ 1/2 Ol/.CII. Sf/I'G#(/S ~ titA-rtp I; l/o~ .3~ /1'<IJPucf"Otf./ ~ (J rift-I( 1;1331699 Total cash expenses Total in-kind expenses Total project expenses '7, 222t 913 - 95; (JtJ() Z .3/l 9/.3 I , (cash + in-kind) REVENUES cash in-kind Admissions ~6i- / ~ Contracted services ~~ tJ~ Tuitions Corporate support ~6. ~ tJao 95,/JJCJO Foundation support ~ t.G1 JJ(J() Individual support 63~ JJIJO Government grants 2 f ~toO Federal .2 5,()JJ() State .:;2 2 t}.et:lO Other contributions (Itemize below) .5/'eClI1J.. E"lItrJUr.r S3~ ~. GlletIJetJ I/IIUJM~ 3~ 250 AlWS stJ!PtJn /A)6 FPTA/ .2,19~ I 6/5 .5A//JOIfI.11EA1T $ttMfc ? 35'2, ()Y.~ ~~ IJl't~1'171"A4 oaf (JO" Grant award ~~ Total cash revenues Total in-kind revenues Total project revenues II 22~ 9/3 95/ p"o . -Z3/~ 9,8 . (cash + in-kind) . '<. , Exhibit 2-B: Project Budget I Grant Award Budget [Note: The following Project Description is revised to represent the possible Grant reduction, as a result of the potential City Resort Tax shortfal1.] Organization: New World Symphony, Inc. Project Title: New W.orld Symphony 2001-2002 Season Dates of Project: July 1, 2001 - JlUle 30, 2002 Directions: Identify arid itemize cash'expenses to bepaid trom Grant funds. Grant awards may only be spent~ithin budget categories declared below. Grant EXDenses Personnel- artistic Personnel- technical Personnel - administrative Space rental Travel (local only) MarketingfPublicity Outside artistic fees ~II ()()() Outside other fees / tll t:J(7() Other costs (Itemize below) TOTAL :3 ~ Pdt') Grant requirements: Grant monies must be 8J1ent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts Council's logo and the following byline "City of Miami Beach" . Grant funds may not be used for: Remuneration of City employees for any serVices rendered as part ofa project receiving a grant from the City of Miami Beach CUltural Arts ColUlcil "Bricks and mortar" or permanent equipment (pennanent equipment necessary for proposed project may be purchased if the price is Jess than what is would cost to rent the equipment) _ Debt reduction Out-of-county travel or transportation Fundraising events Hospitality events Events not open to the public ... ~ ... . 22-Jan..Q2 (MBCAe FY2002.xls] NEW WORLD SYMPHONY MIAMI BEACH CULTURAL ARTS COUNCIL FISCAL 2001.2002 BUDGET (LOCAL ONLY) GRANT FORMAT CASI-l IN-KIND ..EXPENSES . . Personnel - Artistic . '.0 Personnel - Technical 489,125 Personnel - Administrative 1,390,719 Outside Artistic Fees/Services 1,077,001 21,000 Outside Other Fees/Services 72,963 Marketing(Publlclty 317,908 15,000 10,000 Space Rental 335,356 Travel 140,575 65,000 Utilities 171,520 Equipment Rental 50,300 Office Supplies 24,021 Insurance(Security 92,314 Other Costs Interest Expense 85,000 Fundraising Expense 378,112 Orchestra Stipends and Related Expenses 1,409,300 Production and Other Expenses 1 188699 15 000 0 TOTAL CASH EXPENSES 7,222,913 31,000 TOTAL IN-KIND EXPENSES 95,000 TOTAL PROJECT EXPENSES 7,317,913 REVENUE Admissions 656,000 Contracted Services 67,000 Corporate Support 464,000 95,000 Foundation Support 625,000 Individual Support 630,000 Federal Grants 25,000 Other Grants Dade County CAC Majors Grant 288,000 State of Florida Cultural Institutions 220,000 State of Florida Cultural Exchange 0 Metro Dade CAC(Other 0 CAe Grant Award 31,000 31,000 other Revenue Special Events 581,000 Earned Income 87,250 NWS Supporting Foundation 2,196,615 Endowment Income for Operations 1,352,Q48 All other 0 TOTAL CASH REVENUE 7,222,913 TOTAL IN-KIND REVENUE 95,000 TOTAL PROJECT REVENUE 7,317,913 SURPLUS (DEFICIT) 0