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HomeMy WebLinkAboutNew World Symphony lQ ~{)(JS-- ~fRO/~, - City of Miami Beach Cultural Affairs Program and Cultural Arts Council CU=A::~=m Fiscal Year 2005/2006 Cultural Affairs Grant Agreement Tourism and Cultunll Development This Grant Agreement is entered into this ?-14day of ~J , 2005, between the City of Miami Beach, Florida (the City), and (Grantee). Article II Grant Description 1. Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, e-mail: New World Symphony Howard Herring 541 Lincoln Road Miami Beach FL 33139 (305) 673-3330, ext. 225, (305) 673-6749, paul.woehrle@nws.edu 2. Grant amount: $29,575 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 Project Budget and 2-B Grant Budget, attached hereto 5. Contract deadline: November 4, 2005 6. Expenditure deadline: September 30,2006 7. Project completion date: 8. Fina Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. ~')A A I H REOF, the parties hereto have executed this Agreement this L day of I'~, 2005. est:~! Pwb Robert Parc er, City Clerk STATE OF FLORIDA, COUNTY OF MIAMI- DADE Grantee's Corporate Seal Here) as Signature of No ary Public ~ Tom Snook ! . '. My CorMisIIOn [X)1_ ~ ~ a~':M.'JJJ1f( ~ ~\OtJh APPROVED AStTOPublic, State of Florida BY: H-oo.>a..c-o\ ~r, (l RM & LANGUAGE Printed Name of Organization's Autho' ed RepresStF(JR EXECUTION. AOtIJ'L q 7 Signature ~~ ~;;;lC;l~:n;XPires: ~~ I ~ GRANTEE: FederallD #: 6q - zg o Cj'o5b 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 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 (100/0) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the 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, 2006, must submit their final reports no later than November 15, 2006. 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, and execution of this Agreement by the parties hereto. 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. 2of9 9. Liabilitv 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. Comoliance 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 terminate this Agreement and 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 termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the Grant funds because of a breach of this Agreement, the following terms will apply: a. For First-time violations - Grantee shall be required to submit a final report with documentation of expenditure of all grant awards already received (first half) prior to the termination date. If such report is not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not receive remainder of this Grant award. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for future fiscal year's grants programs. b. For more than First-time violations - Any future compliance infractions by Grantee will be considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. 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 3of9 , 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 upon demand 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. Indulaence 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 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: Gary Farmer, Interim Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions 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 Represents Total Aareement: 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. 4of9 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -The remainder of this page is left intentionally blank- 5of9 Exhibit 1/ Revised Project Description Organization: New World Symphony Project title: 2005/06 Season 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. Use extra page if necessary. Proiect descriotion as aooroved bv Grants Panel: The mission of New World Symphony is to prepare highly gifted graduated of leading music programs for leadership roles in orchestras and ensembles around the world. Performance <aU are at the Lincoln Theatre on Miami Beach) NWS will present more than 60 public performances with 10% of the performances offered free of charge to the general public. Our ticketed performances in 2004/05 Season include: 09/16/05 Pre-Season Woodwind and Brass Ensemble Concert at Lincoln Theatre with conductors Stephen Paulson and Marie Speziale 09/17/05 Pre-Season String Ensemble Concert at Lincoln Theatre with conductor Edwin Outwater 09/24/05 Orchestra Concert at the Lincoln Theatre with conductor Alasdair Neale and composer Kenji Bunch offering remarks on his composition Lichtenstein Triptych 10/01/05 Percussion Consort at Lincoln Theatre with conductor/artistic coordinator Michael Linville 10/15/05 NWS Opening Night Concert at the Lincoln Theatre with conductor Michael Tilson Thomas leading a program of works by Beethoven 10/15/05 MTI, Tetzlaff and Brahms Concerts at the Lincoln Theatre with Conductor 10/21/05 NWS Musican Xchange, free program featuring NWS musicians 10/23/05 NWS Concert for Kids with conductor Christian Knapp (cancelled due to hurricane) 10/30/05 Spanish Sounds in Chamber Music, offered as part of Hispanic Heritage Month 11/04/05 and 11/05/05 Music of the Baroque, featuring Seraphic Fire, Miami's Chamber Choir 11/07/05 NWS Musician's Forum, free program 11/12/05 Sounds of the Times: Three Generations of Composers, contemporary music program featuring conductor composer Oliver Knussen and composer Julian Anderson 11/19/05 and 11/20/05 Elgar: English Romanticist, featuring conductor Alasdair Neale and guest pianist Orli Shaham 12/01/05 and 12/02/05 Kids in the Concert Halls, a series of 4 educational concerts for students from schools across Miami Dade County 12/04/05 The Cello Quintet, chamber concert featuring guest cellist Laurence Lesser 12/10/05 and 12/11/05 Symphonic Dances featuring guest conductor Roberto Abbado 12/16/05 and 12/17/05 The Leningrad Symphony, conducted by artistic director Michael Tilson Thomas 01/07/06 and 01/08/06 American Voices: Orchestral Music, conducted by artistic director Michael Tilson Thomas and featuring violinist Gil Shaham 01/12/06 American Voices: Sounds of the Times contemporary program led by Michael Tilson Thomas and featuring soprano Barbara Bonney 01/22/06 Mozart 250: An InContext Festival, The Mozart Wind Machine, chamber performance with flutist Paula Robison 01/23/06 Musician's Forum, free performance featuring NWS Fellows 01/27/06 and 01/28/06 Mozart 250: An InContext Festival, Mozart and the Masonic Mystery, featuring conductor Bernard Labadie and guest pianist Benedetto Lupo 02/03/06 NWS' Annual Community Engagement Concert, offered in partnership with the National Association of Black Accountants, the M. Athalie Range Cultural Arts Foundation and the Millennium Movers, Inc. 02/11/06 and 02/12/06 The French Connection: Orchestral Music, featuring conductor Stephane Deneve 02/24/06 Musical Xchange, free performance featuring NWS musicians 02/26/06 The French Connection: Chamber performance 02/26/06 Musicians Forum, free performance featuring NWS Musicians 03/03/06 and 03/04/06 The Gypsy Violin featuring conductor Lawrence Foster and violinist Robert McDuffie 03/11/06 Sounds of the Times: From the Canyons to the Stars featuring conductor Reinbert de Leeuw, guest pianist Benjamin Kobler and horn player William Purvis 03/19/06 Viennese Musical Traditions: Chamber Music, featuring the Orion String Quartet 03/20/06 Musicians Forum, free performance featuring NWS Musicians 03/25/06 and 03/26/06 Viennese Musical Traditions: Orchestral Music featuring Michael Tilson Thomas and mezzo-soprano Lorraine Hunt Lieberson 03/29/06 Side-by-Side Concert, free performance featuring local school students and their NWS mentors 04/01/06 Community Appreciation Concert, free orchestral performance 04/08/06 Percussion Consort directed by Michael Linville 04/09/06 Brahms Meets the Moderns chamber performance 04/14/06 and 04/15/06 Brahms Meets the Moderns: Orchestral Music featuring guest conductor Marin Alsop and percussionist Colin Currie 04/22/06 and 04/23/06 Concerto Showcase featuring conductor Alasdair Neale and NWS soloists 04/24/06 Musicians Forum, free program featuring NWS musicians 04/27/06, 04/28/06 and 04/29/06 The Thomashevsky Project, an historical overview of compositions from the "Jewish Broadway" 04/30/06 Concerts for Kids, family program 05/05/06 and 05/06/06 Season Finale featuring Michael Tilson Thomas and guest artists Carter Brey, cello, and Roberto Diaz, viola Proiect descriotion as revised (if aoolicable) based uoon the City Commission aooroved award: N/A Exhibit 2-A: Project Budget/Revised Total Project Budget Name 0 f organization: Project Title: Dates of Project: New World Symphony 2005 - 2006 Season July 1, 2005 - June 30, 2006 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 Admissions 830,663 Administrative 1,779,207 Contracted Services 0 Artistic 0 Tuitions 0 TechlProduction 508,032 Corporate Support 472,900 70,000 Outside Prof Fees 74,500 Foundation Support 427,000 Space Rental 748,819 PrivatelInd Support 1,333,884 Travel Govt Grants In County 2,825 Federal: NEA 50,000 Out of County 264,712 State: CIP 135,759 Insurance 57,388 Local: MajorsffOC 364,791 Marketing Special Event 513,425 Proceeds Adv/Publicity 25,737 Rentals 110,000 Design/printing 46,849 Other Revenue PostlDistribution 22,195 InterestlDividends 6,000 Other 50,435 NWS SupportFdn 2,020,750 TelephonelComm 80,000 Endowment Inc for 1,040,680 Ops Equipment Rental 18,800 All Other 62,600 Supplies 58,300 GRANT AWARD 29,575 Utilities 192,525 Fund Raising (non- 110,750 personnel) Other Costs Outside Artistic 887,490 Interest Exp 45,000 Orchestra Stipends 1,310,360 and related Production and other 1,114,103 70,000 Total Cash Expenses 7,398,027 Total Cash Revenues 7,398,027 Total In-Kind Expenses 70,000 Total In-Kind Revenues 70,000 Total Project Expenses 7,468,027 Total Project Revenues 7,468,027 (cash + in-kind) (cash + in-kind) Exhibit 2-B: Project BudgetlRevised Grant Award Budget Name 0 f organization: Project Title: Dates of Project: Grant Award: New World Symphony 2005 - 2006 Season July 1, 2005 - June 30, 2006 $29,575 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 expenditures do not exceed the total amount of Grant funds. Grant Expenses Personnel- artistic Equipment Rental Personnel - technical Space Rental Outside Artistic Fees $29,575 Insurance Marketing Publicity Other Costs Total (itemize below) Printing Postage In County Travel Total (must equal award) $29,575 Grant requirements Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. " Allowable Grant Expenditures: . Artistic and technical fees directly related to the proposed program or event . Production costs related to the proposed program, project or event . Honoraria . Equipment rental and expendable materials . Marketing . Publicity . Local travel and transportation costs related to proposed program, project or event. Local travel is defined as travel within the Miami Dade County area . Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 Grant Use Restrictions (grant funds may not be used towards): . Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs . Administrative salaries or fees . "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. . City of Miami Beach services (permit fees, off duty police, insurance, etc.) . Debt reduction . Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) . Travel or transportation outside the local Miami Dade County area , ~ . Social/Fundraising events, beauty pageants or sporting events . Hospitality costs including decorations or affiliate personnel with the exception of artists . Cash prizes . Lobbying or propaganda materials . Charitable contributions . Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: . Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments) . Proof of logo and credit line in project publications and advertisements . Proof of performance(s), such as programs, brochures and flyers.