Miami Symphony Orchestra
..
.
City of Miami Beach Cultural Arts Council
2001/2002 Cultural Arts Grant Agreement
,JJ J .:2_e ;:a..
This Grant Agreement is entered into this ~ 1 day of ,,{ (M cIL.. ,~ between the City of Miami Beach,
Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and
Miami Symphony Orchestra (Grantee).
1.
Grantee:
Address
City, State, Zip
Phone, fax, e-mail
Article I I Grant description
Miami Symphony Orchestra
10661 North Kendall Drive #206-A
Miami FL 33176
305- 275-5666 305- 275-4363 miasymph@bellsouth.net
$3,000 5()oA, paid upon execution of this Agreement.
2.
Grant amount:
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 Tax 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 dale: ~ ";', !l. In, :L
7. Report deadline: No later than 90 days after Project Completion Date.
, . fl)~
IN WITNESS WHEREOF. the parties hereto have executed this Agreement this ;:U>~y of . /l11Jtte# , 20D+:"
GRANTEE! MA AI I ?f.u'fhl1I11Y ~1iA-
Print Name of Organization '
Federal 10 # 6..>- 0/' S-Ds7
Signat
ATTES~
r rtU~
Robert Parcher, City Clerk
BY: So Flit OC!.. HiJ7'J
Printed Name of Chief Fiscal Officer
~~~
Signature
(Grantee's Corporate seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
"5 ...- )-~~ <-
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 of the 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. AU 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. 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
pennitted 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 justifying the need for such changes.
I
f
All Grant recipients must participate in at least one AmBeach 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 200 1/2002 are defined as follows:
ArtCenter/South Florida
Bass Museum of Art
Concert Association of FJorida
Jewish Museum ofFJorida
Miami City Ballet
Miami Design Preservation League
New World Symphony
Wolfsonian-FIU
Failure to include the above infonnation 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.
~
,
I
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 of the Council with a written report documenting that the Grantee has
fulfilled all requirements. This report is to be received by the Director of the 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 500A 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 Pavment 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 of the total Grant amount. Cost overruns are the sole responsibility ofthe Grantee. The Grant
funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award.
S. ProlZl'8l11 Monitorine: and Evaluation: The Director of the 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.
(
6. Bank Accounts and Bondine:: 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 of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant
funds.
:j)
7. AccountinlZ 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. Furthennore, the Director ofthe 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 olMitlmi Betlch Cultural Arts Coundllogo and
the following credit line in all publications related to this Grant: TIlE CITY OF MIAMI BEACH. Failure to do s.o may
preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant
to Article n-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 instnunentalities 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 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
hannless 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 of the Grantee entity.
I
10. Assimment: 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 n-12.
I I. ComDliance 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. Defaultffennination Provisions: In the event the Grantee shall fail to materially confonn with any of the
provisions of this Agreement, the Director of the 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 tenn or condition of this 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.
r-
The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the
expiration of the 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 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 Director of the Council 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 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 av~i1able
to it under the law.
13. Indule:ence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure
to perfonn 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 of the breach offailure 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.
1 S. Caotions Used in this Ae:reement: 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 Reoresents Total Ae:reement: 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 tenos. 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 perfonning 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 of the tenns 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. 2000d
et seq.) prohibiting discrimination on the basis ofrace, 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.
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 n - 12 herein.
[The remainder of this page is left intentionally blank]
Exhibit 1 / P1"ojeet Description
[Note: Tho: foilowir.g ?iOje-.;~ Description is revised to represem tne possible Grant r;duction.
.::.s a iesult of the potential City Resort Tax shortfall.]
Organizn.rion:
Project title:
Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the
Projecr based upon the award. Please be as specific as possible; name of event, venue, times, etc. Also, detail .he
organization's participation in ArtsBeach Second Thursdays. Miami Beach Anchors should list specifics about
their mentoring program.
During the Miami SYIl1phony Orchestra's 2001-2002 Concert Season.> halfofoJ,lf
concerts take plc;lGe in Miami Beach. Each program of our regul~ concert season will be
performed at two venues- the Gusman Conc~rt Hall or the Wertheim fJall am:l the
Lincoln Theatre. This proposal requ~sted funding for our regular con~ert season-
specifi.calll the 6- concerts taking plae.e at the- Lincoln: Theatre; The.season began in
O(;tober 7 ,2001 and willconclude.in May 19tA.,2e02.
The October concert will feature world renowned, .guitarist ~gel Romero in t~
"Hispa.nic Festival". The December 2001 concert will feature violinist Cristian Macelaru
.performi~g ~ymphonie E~agnole b.y Lalo and Daniel Andaij>erforming Navarra by
Pablo de Sarasate. Highlights from Handel's Messiah will also be included in the
program. The January 2002 concert will feature pianist Gwhyneth Che":yerform.ing
Piano Concerto No.1 in E flat minor by Liszt and Beethoven's Symphony NO.6 in F
Major, "Pastoral". The February concert will feature violinist Maria Bachman.
performing works by Beethoven including Concerto for violin, cello and piano, Op. 56
and Concerto for violin in D, Oy.61. The March concert will f~turej>ianist Katia
Skanavi performing Piano concerto for the Left Hand and Daphlli~ et Chloe by Ravel and
Re~pighi's Gli Dcelli. The May Season Finale will feature pianist Christopher Taylor
performing Piano Concerto No.1 in B flat by Tchaikowsky, Gershwin's Rhapsody in
Blue and Stravinski' s Firebird Suite.
The change$ to the concert schedule are minor-the March concert was change4 to April
and a couple of new artist has been added. The soloist for the D~cemb~r conc~rt w~
pi~nist Yalcov Kasman, Cristian Macelaru and Daniel Andai performed as soloist in the
January concerts. Pianist Ghwyneth Chen will be the soloist for the Ayril concert ~d
pianist Christoph~r Taylor performed in the February concert. The May concert will
feature pianist Tomas Tirino in a Pops concert
The-Symphony wiUpartieipate in MiamiBeackSecondThuFsdayS with-adconcert held-at.
the Miami Beach Botanical Gardens on May gIlL at 7 PM_ The performance wilLfeature a
string quarter. comprised of musicians from the Miami Symphony Orchestra.
Exhibit 2-A: Project Budget I Total Project Budget
[Note: The following Project Description is revised to represent the possible Grant reduction,
as a result of the potential City Resort Tax shortfall.]
Name of organization: MIAMI SYMPHONY ORCHES~ect Title: 2001-2002 CONCERT SEASON
Dat~s)ofPr~ect: OCTOBER 2001TO MAY 2002
Attach a copy of the total Project bu~get 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 in-kind
Personnel - artistic 140 .130
Personnel - technical 550
Personnel - administration 8,280
Outside artistic fees/services 20,480
Outside other fees/services 14,100 4,685
MarketinglPublicity 32,650 24,315
Space rental 15,210
Travel 4,000 10,750
Utilities 2,750
Equipment rental 3,250
Office supplies 650
Insurance/Security 750
Other Costs: (Itemize below)
PRINTING 4,000
POSTAGE 600
MISC 3,000
REVENUES
cash irHdnd
Admissions 78.750
Contracted services 42,000
Tuitions
Corporate support 46,150 39,750
Foundation support 13,130
Individual support 10,000
Government grants
Federal
State 9.900
LOCAL 9,800
Other contributions
FUNDRAISING
(Itemize below)
37,670 ..
Grant award
3,000
Total cash expenses
Total in-kind expenses
Total project expenses
250.400
39,750
290,150
(cash + in-kind)
Total cash revenues 250,400
Total in-kind revenues 39,750
Total project revenues 290.150
(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 shortfall.]
Name of organization MIAMI SYMPHONY ORCHESTftlpject Title: 10m -7007 rONrF.R'T' c:~ A 90bl
~~s)ofProject: OCTOBER 2001 TO MAY 2002
Directions: IdentifY and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Exoenses
Personnel- artistic
3,000
Petsormel- technical
Personnel - administrative
Space rental
Travel (local only)
MarketinglPublicity
Outside artistic fees
Outside other fees
Other costs
(ltenriu klow)
TOTAL 3,000
Grant requirements:
Grant monies must be spat 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 ftom the
City of Miami Beach Cultural Arts Council
"Bricks and mortar" 01' permanent equipment (pennanent equipment necessary for proposed project may
be purchased if the price is less 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
\11
~
,Ad