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Concert Association of Florida .;) 003 _zr.lr 3 ."--- .::0- MIAMI BEACH cuLturaL ArtJ .rl-J COU"CIL This Grant Agreement is entered into this / {f , A. day of 94J!-bf1l /!;bf'L, 2003, between the City o~~ Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively, the City), and Concert Association of Florida (Grantee). City of Miami Beach Cultural Arts Council 2003/2004 Cultural Arts Grant Agreement Article II Grant Description 1. Grantee: Address City, State, Zip Phone, fax, E-mail Concert Association of Florida 1470 Biscayne Blvd. Miami FL 33132 (305) 808-7463 craig@concertfla.org 3. 4. 5. 6. 7. 8. Grant amount: $20000 50% paid upon execution of this Agreement Remaining 50% paid upon completion of Project and submission and approval of Final Report Project description: See Exhibit 1, attached hereto Itemized budget: See Exhibits 2-A and 2-B, attached hereto Contract deadline: November 7,2003 Expenditure deadline: September 30, 2004 Project completion date: Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date, this If!' day of 2. parties hereto have executed this Agreement Print Name of Organization FederallD # 2029354 " ~f~ Robert Parcher, City Clerk BY: Judith Drucker, president ~prin Name of Chairman or Pr~sident _d~LZ(, AAA.-/~ nature ~ BY: Printed Name of Chief Fis II Date TP..LSl ature t3'A~ . FOR CUTION ~ (e_SeaII ~ - ,.~ .. . . v()~C' ,rJ> ~IfM-~~.2005 :v- Date 1) 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 Description: 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 Ihe 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: ArtCenter/South 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 fulfilled, 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 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 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. Prooram Monitorino 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 BondinQ: 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 Page 2 of 8 withdraw or write checks on Grant funds. 7. AccountinQ 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 attomeys' 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 govemment 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, Jesses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assianment: 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 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. DefaulUTermination 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 Page 3 of 8 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] Page 5 of 8 Exhibit 1/ Revised Project Description Concert Association of Florida 2003-2004 Season at JGT Organization: Project title: Co~pletely describe Project approved by the Grants Panel and in a separate narrative detail the revlslon~ to the Proj~ct ~ased 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 Concert Association's 2003-2004 presentations at the Jackie Gleason Theater include: Prestiae Series at JGT: eight of the Series nine events will be held at Gleason, including National Arts Center Orchestra of Ottawal, Pinchas Zukerman, violin & conductor YoYo Ma & Friends (String Quartet & Pipa), Russian National Orchestra, Vladimir Spivakov, conductor, Helene Grimaud . piano Moscow State Radio Symphony, Pavel Sorokin, conductor, Nava Perlman, piano Czech Philharmonic Orchestra, Andrey Boryeko, conductor, Akiko Suwanai, violin Israel Philharmonic Orchestra, Yoel Levi, conductor, Lynn Harrell, cello Cincinnati Symphony Orchestra, Paavo Jaarvi, conductor, Eroica Trio Dmitri Hvorostovsky, baritone & Moscow Chamber Orchestra Dance at JGT Krasnoyarsk National Dance Company of Siberia Moscow Festival Ballet - Cinderella Special Events Norma (Concert Version) featuring Maria Guleghina, Salvadore Licitra, full orchestra Changes since submission of the original grant application are: Addition of Moscow Festival Ballet to the Season Schedule Date changes as noted above. Page 6 of 8 Nov. 6,2003 Jan. 14,2004 Jan. 27,2004 Jan. 28,2004 Mar. 3, 2004 Mar. 24, 2004 Mar. 27, 2004 Apr. 29, 2004 Dec. 4, 2003 Mar. 6, 2004 Jan. 16,2004 Exhibit 2-A: Project Budget 1 Revised Total Project Budget Name of organization: 2003-04 Season at JGT Concert Association of Florida, Inc. Project Title: Date(s) of Project: Nov. 1, 2003 - June 30, 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. Personnel- administration 350,000 Outside artistic fees/services310, 500 Outside other fees/services 38,000 EXPENSES Personnel - artistic Personnel - technical Marketing/Publicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: production expenses cash in-kind 202,200 310,000 157,500 35,000 30,000 14,500 20,000 50,500 (Itemize below) 80,000 Interest & bank charges 55,000 Total cash expenses Total in-kind expenses Totalpr~ectexpenses 2, 1 S 1 200 2,]51 200 (cash + in-kind) Page 7 of 8 REVENUES cash Admissions 1,067,055 Contracted services Tuitions in-kind Corporate support Foundation support Individual support Government grants Federal State 475,000 100,000 327,500 148,645 15,000 Other Contributions (Itemize below) Grant award 20,000 Total cash revenues 2,153,200 Total in-kind revenues Total project revenues2, 153,200 (cash + in-kind) Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Concert Association of Florida Project Title: Date(s) of Project: 2003-04 Season at JGT Nov. 1, 2003 - June 30, 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 20,000 Personnel- Technical Personnel - administrative Space rental Travel (local only) Outside artistic fees Marketing/Publicity Outside other fees Other COsts (Itemize belOW) TOTAL 20,000 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 Qut-of-county travel or transportation Fundraising events Hospitality events Events not open to the public Page 8 of 8