Miami Symphony Orchestra
MIAMI BEACH
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This Grant Agreement is entered into this /! day of 1rr.le".,. t..v..... , 2003, between the City 07:-
Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Miami
Symphony Orchestra (Grantee).
City of Miami Beach Cultural Arts Council
2003/2004 Cultural Arts Grant Agreement
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Article 1/ Grant Description
1.
Grantee:
Address
City, State, Zip
Phone, fax, E-mail
Miami Symphony Orchestra
10300 S.W. 72nd Street Suite 499
Miami FL 33173
(305) 275-5666 (305) 274-1792 miasymph@bellsouth.net
2. Grant amount: $4000 50% paid upon execution of this Agreement.
Remaining 50% paid upon completion of Project and submission and approval of Final Report.
3. Project description: See Exhibit 1, attached hereto
4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto
5. Contract deadline: November 7,2003
6. Expenditure deadline: September 30, 2004
7. Project completion date:
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
parties hereto have executed this Agreement this
'1ft.
day of
Print Name of Organization
FederallD# ~O'- 6 / 0~OS 7
BY: T<AFAE'- DIA-.2 - BAI-Ai<7
Printed Name of Chairm or President
~d' f~
R bert Parcher, City Clerk
Signature
~~'':':!.,. BE. ALEXANDER
",W MYCOMMISSJON# OOlM0344
"It.,,,,'.! EXPIRES, September 21, 2lJ05
1-8lJO.3.NOTAAY R.NoIIry_'8ancIng.',nc.
Date
BY: M A tJUEL OCHIJ'1
Pri"mdNam~
~ AP~~IS"~STO
FORM & LANGUAGE
& FOR EXECUTION
(Corporate Seal)
II II lIlI, flu / l ~ , 1_ /7- b ~
~ Date"
Article III 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 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. All expenditures will be subject to
the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as
Exhibit 2-B. 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 justifying the need for such changes.
The following City of Miami Beach "Anchors. are required to provide specific information 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 2003/2004 are defined as follows:
ArtCenterlSouth Florida
Bass Museum of Art
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. Reports: This Grant has been awarded with the understanding that the described Project will
enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has
fullilled, its purpose, the Grantee must supply the Director of the Council with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of
the Council within 45 days of the Project's completion. Grantees completing their Project by Fiscal Year
End, September 30, 2004, final reports are due within 45 days or November 15, 2004.
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 of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and
City Commission's approval of the award.
5. Proaram Monitorina 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 Bondina: 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
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withdraw or write checks on Grant funds.
7. Accountina and Financial Review: The Grantee must keep accurate and complete books and
records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting
standards. These books and records, as well as all documents pertaining to payments received and made
in conjunction with this Grant, 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 of Miami Beach Cultural Arts Council
logo 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 11-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless 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 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 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 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 of the Grantee entity.
10. Assionment: 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 11-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable
Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest
and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as iffully 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform 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 term 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
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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
fII1ds 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
bleach of this Agreement.
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
v.frich, 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
f\lami 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. IndulClence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach
or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the
provision or any portion of this Agreement either at the time of the breach of failure occurs or at any time
tlroughout the term of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when
delivered in person or upon the receipt of a certified letter addressed to the Grantee at the
address specified in Article 1-1 of this Agreement, and to the City when addressed as follows:
Grisette Roque Marcos, Interim Director, Miami Beach Cultural Arts Council, 1700 Convention
Center Drive, Miami Beach, Florida 33139-1819.
15. Caotions Used in this Aareement: 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 AClreement: 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 1111 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 of the terms of this Agreement and will allow the City to seek remedies including but
not limited to those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
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'.
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 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.
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.
[The remainder of this page is left intentionally blank]
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'.
Exhibit 1/ Revised Project Description
Organization: MIAMI SYMPHONY ORCHESTRA Project title: MIAMI SYMPHONY XV ANNIVERSARY
CONCERT SERIES AT MIAMI BEACH
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. Miami Beach Anchors should list specifics about their mentoring program.
The approved project represents half of Miami Symphony Orchestra's XV
Anniversary Season. This funding will be used to cover part of the artistic fees for
five concerts to be performed at the Lincoln Theatre in Miami Beach.
Each program of our regular concert season will be performed at two venues
during the same weekend-the Gusman Concert Hall (UM) or the Wertheim Hall
(FlU) and the Lincoln Theatre. .
The concerts will be performed by the Miami Symphony Orchestra (75
professional musicians) featuring world-renowned soloists, from October 2003 to
April 2004. Maestro Manuel Ochoa, founder and music director of the Miami
Symphony Orchestra will conduct all five concerts.
The soloists, all internationally renowned by their performances and their
recordings, will be the guitarist Angel Romero; pianist Valery Kuleshov;
violinist Dmitri Berlinsky, and pianist Gwhyneth Chen.
All concerts will be presented on Sundays at 7:30 pm. Dates are October 19th &
November 23rd, 2003, January 18th, February 29th, and April 4th, 2004.
Revision: Based upon the award from the Miami Beach Cultural Arts Concil and
the State of Florida DCA reduction of grant funding the budget needed to be
adjusted. As a consequence the number of concerts for the series were reduced
from 6 to five.
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".
Exhibit 2-A: Project Budget I Revised Total Project Budget
Name of organization:
MIAMI SYMPHONY ORCHESTRA, INC
Project Title: MIAMI SYMPHONY XV ANNIVERSARY CONCERT SERIES AT MIAMI BEACH
Date(s) of Project: OCT .19, NOV. 23, 2003 JAN .18, FEB. 29, APRIL 4. 2004
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 86,000 Admissions 71 ,000
Personnel - technical Contracted services
Personnel - administration 16,600 Tuitions
Outside artistic fees/services Corporate support 35,000 30,000
Outside other fees/services 16,700 Foundation support 10,000
Marketing/Publicity 15,950 20,000 Individual support 15,000
Space rental 12,500 Government grants 27,000
Travel 10,000 Federal
Utirrties 2,500 State 2,000
Equipment rental 2,000
Office supplies 1 ,500-:..... _ _
Insurance/Security 1,000
Other Costs: (Itemize below) Other Contributions (Itemize below)
POSTAGE 2,500
BOX OFFICE EXPENSE 1,750
MISC. 5,000
Grant award
4,000
Total cash expenses
Total in-kind expenses
Total project expenses
164,000
30,000
194,.000
(cash + in-kind)
Total cash revenues 164,000
Total in-kind revenues 30,000
Total project revenues lli...OOO__
(cash + in-kind)
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-.
Exhibit 2.B: Project Budget I Revised Grant Award Budget
Name of organization: MIAMI SYMPHONY ORCHESTRA, INC
Project Title: MIAMI SYMPHONY ORCHESTRA XV ANNIVERSARY CONCERT SERIES AT MIAMI BEACH
Date(s) of Project: OCT.19, NOV.23. 2003 JAN.18, FEB. 29. APRIL 4, 2004
Directions: Identify and itemize cash expenses to be paid from Grant funds.
Grant awards may only be spent within budget categories declared below.
Grant Expenses
Personnel - artistic
4,000
Personnel- Technical
Personnel - administrative
Space rental
Travel (local only)
Marketing/Publicity
Outside artistic fees
Outside other fees
Other costs
(Itemize below)
TOTAL 4.000
Grant requirements:
Grant monies must be spent 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 of a project receiving a
grant from the City of Miami Beach Cultural Arts Council
"Bricks and mortar" or permanent equipment (permanent 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
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