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HomeMy WebLinkAboutMiami Symphony Orchestra /OOb - ;263'3 P ~ MIAMIBEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2006/07 Cultural Affairs Grant Agreement This Grant Agreement is entered into this :l1.4f day of Sf?,# ft JU j~ ( , 2006, 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: Miami Symphony Orchestra Sophia Ochoa 10300 S.W. 72nd Street Suite 499 Miami FL 33173 (305) 275-5666, (305) 274-1792, miasymph@bellsouth.net 2. Grant amount: $17,866.6750% paid upon execution ofthis 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: October 27,2006 6. Expenditure deadline: September 30, 2007 7. Project completion date: 8. Final .Report deadline: Must be postmarked or delivered no later than 45 days after Project I / completion date. / TN EREOF, the parties hereto have executed this Agreement this 'I'd; day of f)Pt'Ph1 iJ~'1 ,2006. STATE OF FLORIDA, COUNTY OF MIAMI- DADE The foregoing instrument was acknowledged before me this--1-day of Nl)1I1f In B elZ 2006, by ..SOFiA- OC HolI of , a not-for-profit corporation. He/She is personally known to me or has produced ,t) t !t5o,J IU..t..j I<AJ ow tJ as ide on. Grantee's Corporate Seal Here) Notary Name: (J 11 R i '6l1lJ M 11 ~ 1-1 fl}e c Notary Public, State of Florida Signature PROVED AS TO AGE R EXECUTION 'f ) .'2.\ \ \ 0 ~ mey~ ~ My Commission Expires: 12/9/01 M^~ftez ,11''''" caridad CUUU 0 /ir~'~~___ commission #DD27220 ~.:~:.: Expires: Dee 09,2007 ".". ~~.:- Bonded TbrU "'~M ~" Atlantic Bonding Co., Inc. 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 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 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 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. 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 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, 2007, must submit their final reports no later than November 15, 2007. 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. Publicitv and Credits: The Grantee must include the City of Miami Beach logo and the 2 of 11 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. DefaulUTermination 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. 3 of 11 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 ofthe 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 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. IndulQence 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 AQreement: 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 AQreement: 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 4 of 11 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. 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- 5 of 11 Exhibit 11 Revised Project Description Organization: Miami Symphony Orchestra 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 description as approved bv Grants Panel: Soloist - TBA Concierto para Bandoneon Dansa Brasileira Mediodia en el Llano Tango Cortazar Danzon N"2 Astor Piazzolla Camargo Guarnieri Antonio Estevez Juan Carlos Nunez Arturo Marquez SUNDAY, OCTOBER 15,2006 8:00 p.m. LINCOLN THEATRE Moz-Art ! (Art and Mozart's music) Eine Kleine Nacht Musik Violin Concerto N03 Clarinet Concerto Symphony N040 in G minor SUNDAY, NOVEMBER 11,2006 8:00 p.m. LINCOLN THEATRE AN EVENING IN VIENNA WALTZES POLKAS MARCHES OPERETTA HIGHLIGHTS SUNDA Y, JANUARY 14,2007 8:00 p.m. LINCOLN THEATRE Scheherazade Piano Concerto N02 Nikolai Rimsky-Korsakov Sergei Rachmaninoff SUNDAY, FEBRUARY 11,2007 8:00 p.m. LINCOLN THEATRE Concerto for Cello and Orchestra Galanta Dances Nottumo Polovetsian Dances Antonin Dvorak Zoltan Kodaly Giuseppe Martucci Alexander Borodin SUNDAY, MARCH 11,2007 8:00 p.m. LINCOLN THEATRE Trio TBA Triple Concerto Symphony NOI in C minor Ludwig van Beethoven Johannes Brahms SUNDA Y, APRIL 22, 2007 8:00 p.m. LINCOLN THEATER Overture "Mignon" Introduction and Rondo Capricioso Ambroise Thomas Camille Saint-Saens 6 of 11 Gipsy Airs Symphony W8 SUNDAY, MAY 13,2007 8:00 p.m. Narrators TBA Fanfare for the Common Man A Lincoln Portrait Peter and the Wolf Blumine (from the 151 Symphony) Young Person's Guide to the Orchestra Pablo de Sarasate Antonin Dvorak LINCOLN THEATRE Aaron Copland Aaron Copland Sergei Prokofieff Gustav Mahler Benjamin Britten SUNDA Y, JUNE 10, 2007 8:00 p.m. LINCOLN THEATRE Proiect description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. MIAMI - FUSION OF THE AMERICAS MICHAEL LEWIN, Piano LUIS JULIO TORO, Flute Fanfare for the Common Man Aaron Copland The Bel-Air Concerto (for Flute and Orchestra) Paquito de Rivera (SF Premiere) Rhapsody in Blue (for Piano and Orchestra) George Gershwin Adios Nonino Astor Piazzolla Tango Cortazar Juan Carlos Nunez (NA Premiere) Danzon N02 Arturo Marquez SUNDAY, OCTOBER 15, 2006 8:00 p.m. LINCOLN THEATRE FROM BACH TO BLUEGRASS AND BACK TIME for THREE Zachary DePue and Nicolas Kendall, Violins, Ranaan Meyer, Double bass Toccata and Fugue in D minor Johan Sebastian Bach (Arr. Stokowsky) Symphony N.2 Malcolm Arnold (SF Premiere) Fox Down Ranaan Meyer American Suite SUNDAY, DECEMBER 10,2006 8:00 p.m. LINCOLN THEATRE WALTZES SUNDA Y, JANUARY 28, 2007 AN EVENING IN VIENNA POLKAS MARCHES OPERETT A HIGHLIGHTS 8:00 p.m. LINCOLN THEATer NEW MUSIC - OLD MASTERS ALEXANDER FITERSTEIN, Clarinet MICHAEL KLOTZ, Viola Romance for Viola and Orchestra Max Bruch Concerto for Clarinet and Viola Rhapsody for Clarinet and Orchestra Symphony N08 SUNDA Y, APRIL 1,2007 8:00 p.m. Claude Debussy Antonin Dvorak LINCOLN THEATRE Overture "Mignon" Piano Concerto N02 Symphony N04 Op 98 in E minor A ROMANTIC FAREWELL VANESSA PEREZ, Piano Ambroise Thomas Sergei Rachmaninoff Johannes Brahms SUNDA Y, MAY 6, 2007 8:00 p.m. LINCOLN THEATRE 7 of 11 Exhibit 2-A: Project Budget I Revised Total Project Budget Name of organization: Miami Symphony Orchestra Date(s) of ProjectOct.15. Dec. 10. 20061 Jan. 28, Apr. 1. Mav 6. 2007 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 Personnel - artistic Personnel - technical Personnel - administration Outside artistic fees/services Outside other fees/services Marketing/Publicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security CASH IN-KIND 161,000 REVENUES CASH IN-KIND Admissions 92.400 Contracted services -- Tuitions -- Corporate support 74.973 32,300 Foundation support -- Individual support 60,000 Government grants -- Federal -- State 5.500 _ 30.000 24.000 18.300 40.000 20.000 16,875 3,500 9,300 1.500 750 3,000 350 640 (Itemize below) 3.310 Other Contributions (Itemize below) Miami-Dade MCI 55.000 Other Costs: Accountinq Office rent Dir. Car Allowance Printinq Misc 3.125 1.200 4.000 500 City of Miami Beach Grant Award 17,866.67 Total cash expenses 305.740 Total in-kind expenses 32.300 Total project expenses 338.040 CASH & IN-KIND Total cash revenues 305,740 Total in-kind revenues 32.300 Total project revenues 388.040 CASH & IN-KIND 8 of 11 Exhibit 2-B: Project Budget I Revised Grant Award Budget Name of organization: Miami Symphony Orchestra Date(s) of Project: Oct.15. Dec. 10. 20061 Jan. 28, Apr. 1. Mav 6. 2007 Grant Award: $17,866.67 Directions: Identify and itemize cash expenses to be paid from Grant award 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 Outside artistic fees 17,866.67 Space rental (Performance Related Only) Insurance (Performance Related Only) Total Other Costs (itemize Below) Personnel - technical Marketing/Publicity Printing Description Amount Postage In County Travel TOTAL (must equal grant award): 17.866.67 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 as Relates to Grant Project: . 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 9 of 11 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, electricians, 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. 1 0 of 11