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New World Symphony $25K m City of Miami Beach and Miami Beach Cultural Arts Council Fiscal Year 2004/2005 Cultural Affairs Grant Agreement This Grant Agreement is entered into this Jilt day of (I/yr!-t//M P..61l- ,2004, between the City of Miami Beach, Florida, (the City), and New World Symphony (Grantee). Article 'II Grant Description 1. Grantee: Address City, State, Zip Phone, fax, e-mail New World Symphony 541 Lincoln Road Miami Beach, FL 33139 (305) 673-3330, ext. 236, (305) 673-6749, paul.woehrle@nws.edu 2. Grant amount: $2500050% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project and submission and approval of Final Report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibits 2-A and 2-B, attached hereto 5. Contract deadline: November 5, 2004 6. Expenditure deadline: September 30, 2005 7. Project completion date: 8. eport deadline: Must be postmarked or delivered no later than 45 days after Project completion date. II, I REOF, the parties hereto have executed this Agreement this J!l!. '1>,ay of ./JJbVbWA. i17l..-, 2004. AU sl: ~O P~tL Robert Parcher, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI- DADE Grantee's Cor orate Seal Here The foregoing instrument was acknowledged before me this~day of Oc"0-8 f"^-- 2004, by _~l~ 1fFd4^L$l. of ....~ ~eO...t.O ~~N~,rtA8r-for-prOfit corporation. ~e/She is perS~nallY known to me or has produced as Id.rnm'~ Signature of Notary Public GRANTEE: New World Svmphonv ..-r.i: C'l. _.1- . Bi c:r ~ Notary Name: I~ ~ - 2Zo () APPROVEC' State of Florida FORM&~ 001_ horized RepresentatleFOR BII~ ~liWes: t1f(L\ L- ~ 1 , ~, 11;/1 'd1{).. dlJ -:- J (~11- d ~ ~' 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 tOJhe City's Cultural Affairs Program Manager or his designee. 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 ofJhe Cultural Affairs Program Manager or his designee. Said requests shall be made in advance, in writing, detailing and justifying the need for such changes. 3. Reoorts: 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 Cultural Affairs Program Manager or his designee with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs Program Manager or his designee within 45 days of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2005, must submit their final reports no later than November 15, 2005. 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee with the identity and title of individuals authorized to 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 Cultural Affairs Program Manager or his designee or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his designee 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 logo and the following credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. 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. 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. DefaultlTermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee, 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 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 Cultural Affairs Program Manager or his designee 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 Cultural Affairs Program Manager or his designee 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. Induloence 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 anytime throughout 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. Captions Used in this Aoreement: 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 Represents Total Aoreement: 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: 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. EXHIBIT 1 : Revised Project Description Organization: New World Symphony Project Title: 2004/05 Seasons Anchors Grant Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the project based upon the City Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times artists, etc. The mission of New World Symphony is to prepare highly gifted graduated ofleading music programs for leadership roles in orchestras and ensembles around the world. Performance NWS will present more than 60 public performances with 25% of the concert series offered free of charge to the general public. Our ticketed performances in 2004/05 Season include: 09/18/04 Pre-Season Woodwind and Brass Ensemble Concert at Lincoln Theatre with conductor A. David Krehbiel 09/19/04 Pre-Season String Ensemble Concert at Lincoln Theatre with conductor Scott Y 00 and composer Christopher Theofanidis 09/26/04 Orchestra Concert at the Lincoln Theatre with conductor Alasdair Neale and composer Kevin Puts 10/02/04 Pre-Season Percussion Consort at Lincoln Theatre with conductor/artistic coordinator Michael Linville and composer Joan Tower 10/09/04 NWS Opening Night Concert at the Lincoln Theatre with conductor Michael Tilson Thomas and pianist Daria Rabotkina 10/15/04 MTT, Tetzlaff and Brahms Concerts at the Lincoln Theatre with Conductor 10/16/04 Michael Tilson Thomas, composer Peter Lieberson and violinist Christian Tetzlaff 10/24/04 Concert for Kids: The Fantastic Symphony at the Lincoln Theatre with conductor David Amado 11/06/04 Voices of Eastern Europe Concert at the Lincoln Theatre with conductor Hans 11/07/04 Graf and cellist Claudio Bohorquez 11/13/04 Handel and the Madness of Love Concert at the Lincoln Theatre with conductor Emmanuelle Haim and soprano Laura Claycomb 11/14/04 Voices of Eastern Europe Chamber Concert at the Lincoln Theatre with NWS' mUSICIans 11/19/04 Brahms; The Final Symphony Concert at the Lincoln Theatre with conductor Peter Oundjian and pianist Piotr Anderszewski 12/04/04 Sounds ofthe Times: An International Mix Concert at the Lincoln Theatre with conductor Stefan Asbury 12/12/04 Impressionism in Chamber Music Concert at the Lincoln Theatre with clarinetist Richard Stoltzman and NWS' musicians 12/17/04 Urban Legend Concert at the Lincoln Theatre with conductor Michael Tilson 12/18/04 Thomas and contrabassoonist Steven Braunstein 01/07/05 Upheaval: Composers and the Third Reich, an InContext Presentation- 01/08/05 Recovering a Musical Heritage with conductor James Conlon and Pianist Garrick Ohlsson 01/13/05 Upheaval: Composers and the Third Reich, an InContext Presentation -Through Roses at the Lincoln Theatre with conductor/composer Marc Neikrug and actor John Rubinstein 01/16/04 Upheaval: Composers and the Third Reich, an InContext Presentation- For the End of Time at the Lincoln Theatre with violinist Corey Cerovsek and NWS' musicians 01/22/05 Sounds ofthe Times: A Night in New Vienna at the Lincoln Theatre with conductor/composer H.K. Gruber and trumpeter Hakan Hardenberger 01/29/05 Viennese Musical Traditions: Brahms and Berg Concert at the Lincoln Theatre with conductor Mark Wigglesworth 02/13/05 Chamber Music from Germany and Vienna at the Lincoln Theatre with Flutist Paula Robinson ands NWS' musicians 02/25/05 Concerto Showcase at the Lincoln Theatre with conductor Alasdair Neale and 02/26/05 NWS Soloists 03/05/05 Viva La Musical Concert at the Lincoln Theatre with conductor Carlos Kalmar 03/06/05 and NWS' musicians 03/13/05 Romanticism in Chamber Music at the Lincoln Theatre with NWS' musicians 03/20/05 Concert for Kids: Mozart on Jupiter with NWS' musicians 03/26/05 The Russian Musical Soul an INContext Presentation -Sounds of the Times: New Music from Russia at the Lincoln Theatre with conductor Michael Tilson Thomas, conductor/pianist Vladimir Feltsman, and violist Alexander Barantschik 04/02/05 The Russian Musical Soul an INContext Presentation- Tchaikovsky Dreaming 04/03/05 at the Lincoln Theatre with conductor Michael Tilson Thomas and violist Leila Josefowicz 04/09/05 The Russian Musical Soul an INContext Presentation- Intimate Russia Concert at the Lincoln Theatre with soprano Marina Shaguch and NWS' musicians 04/15/05 Symphonies by Mozart and Nielson Concert with conductor Paavo Jarvi This concert was offered on the 16 &17 as well. 04/28/05 A Musical Homecoming at the Lincoln Theatre with conductor Michael Tilson Thomas and NWS musicians and NWS' Alumni 05/07/05 Season Finale Concert at the Lincoln Theatre with conductor Alasdair Neale 05/08/05 and pianist Jonathan Biss. Community Outreach NWS Audience and Community Engagement Program is based on providing the NWS Fellows with the necessary skills and opportunities to become advocates for their art form and NWS as a orchestral academy. The Miami Beach community receives full effects of these actions as the NWS Audience and Community Engagement Program is designed to serve its immediate community. . Nearly one-half ofNWS musicians volunteer as mentors to students in local schools, providing free one-on-one instruction twice a month to a student of like instrument, and working with the student's teacher and parents to develop a well- rounded musical instruction program. Mentors invite students and their families to attend NWS concerts, master classes, and rehearsals free of charge. . Community Programs are designed for adults, and bring NWS Fellows to perform at local senior centers and residential communities. Highlights include free performances at the Miami chapter of the Association of Retarded Citizens (ARC) and a series of interactive programs at the Miami Beach Senior Center. . Musical Xchanges is a community event that focuses on the individual behind the instrument, produced entirely by Fellows in a lively discussion of their careers through a personal interpretation of a musical work. . The Musicians' Forums, which Fellows also coordinate, offers an opportunity to the Fellows' on a new level as they create, present and perform their own diverse and unusual programs of solo and ensemble music. . Kids in the Concert Halls is a series of free concerts for schoolchildren at the Lincoln Theatre, for which NWS provides free transportation to classes from dozens oflocal schools. Each year, more than 2,700 children attend. . Side-by-Side Concert is a celebration and culmination of the year's community engagement work. Young people from more than a dozen Miami-Dade schools join their NWS mentors onstage at the Lincoln Theatre for this very special concert. Also featured is the winner of our annual Concerto Competition for High School Students, which draws entrants from a dozen local schools in Miami- Dade, Broward and Palm Beach Counties. . NWS has created the Surdna Professional Mentoring Program, which brings professional artists to mentor students in area schools Exhibit 2-A: Project BudgetJRevised Total Project Budget Name of organization: Project Title: Dates of Project: New World Symphony 2004/05 Season Anchors Grant July 1, 2004 - June 30, 2005 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- Admin 1,815,325 Admissions 767,298 Personnel - Artistic 0 Contracted Services 0 Personnel- Tech. 514,021 Tuitions 0 Outside Artistic 848,727 Corporate Support 455,000 70,000 Fees Outside Other Fees 74,800 Foundation Support 400,000 MarketinglPublicity 96,905 PrivatelInd Support 1,709,692 Printing 73,229 Govt Grants Postage 63,85 Federal: NEA 60,000 In County Travel 50,000 State: CIP 111,000 Out of County 224,385 Local: 376,000 Travel Maiors/TDC Equipment Rental 23,000 Other Revenue Space Rental 775,211 Earned Income 202,550 Insurance 71,530 NWS Support Fdn 2,081,369 Utilities 177 ,943 Endowment Inc for 1,086,629 Ops Supplies/Materials 19,200 All other 132,581 Other Costs Interest Expense 45,000 Fundraising Exp 95,021 GRANT AWARD 25,000 arch Stipends & 1,358,945 Related Exp Production and 1,080,792 70,000 Other Exp Total Cash Expenses 7,407,119 Total Cash Revenues 7,407,119 Total In-Kind Expenses 70,000 Total In-Kind Revenues 70,000 Total Project Expenses 7,477,119 Total Proiect Revenues 7,477,119 (cash + in-kind) (cash + in-kind) Exhibit 2-B: Project Budget/Revised Grant Award Budget Name of organization: Project Title: Dates of Project: New World Symphony 2004/05 Season Anchors Grant July I, 2004 - June 30, 2005 Directions: Identify and itemize cash expenses to be paid from Grant 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 expendit\ll'es do not exceed the total amount of Grant funds. Grant Expenses Personnel- artistic Marketing/Publicity 10,000 Personnel- admin Space Rental Personnel - technical Travel (local only) Outside Artistic Fees 15,000 Outside Other fees (itemize below) Total 25,000 Grant Requirements: Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with the City of Miami Beach cult\ll'al grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cult\ll'al Arts Council." 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 Cult\ll'al Arts Council . "Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed project may be purchased if the price is less than what it would cost to rent the equipment) . Debt reduction . Out-of-county travel or transportation . Fundraising events . Hospitality events . Events not open to the public