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Greater Miami Youth Symphony of Dade County, Fla, Inc. m MIAMI BEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2007/08 Cultural Affairs Grant Agreement This Grant Agreement is entered into this ~ ~~day of ,c..~-~ , 2007, between the City of Miami Beach, Florida (the City) and the undersigned Grantee (Grantee). Article I /Grant Description 1. Grantee: Greater Miami Youth Symphony of Dade County Florida, Inc. Grant Contact: Melissa Lesniak Address: 5805 Blue Lagoon Drive, Suite 132 City, State, Zip: Miami, FL 33126 Phone, fax, a-mail : 305-267-3002, 305-402-0272, gmys music(c~yahoo.com 2. Grant amount: 510,000 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 2, 2007 6. Expenditure deadline: September 30, 2008 7. Project completion date: 8/01/08 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project completion date. .~/ '11 // IN WITNESS WHEREOF, the parties hereto have executed this Agreement this o2D `-'flay of i'2.8~~4/ , 2007. ~~ /~racti, ,~~~ Jerry Libbin Vice-Mayor ~~ Robert Parcher, City Clerk seal GF2ANTEE: Federal ID #: 59-1743582 BY: _Melissa Lesniak Printed Name of Organization's Authorized Represe .~ _ / ~ STATE OF FLORIDA, COUNTY OF MIAMI- DADE The foreg9ing instrum~e~ntw~as acknowledged before me this ~ day of ~~~~ o ~E~~ 2007, by /+'l~Lt SS~I !~/ A'~- prof ,~,~c~ ~~tt-t~lA~ ~ f~QJ?~ Sr~ 4 a no~f-for profit rt ~ ~/~~ corporation. He/She is personally known to me or has produced ~L ~/1-/Ltjl2~ 1.~cer~5 ~ as identification ignature of Notary Public Notary Name: /~sKC~-`~ ~cl~-~"y Notary Public, State of Florida OEJED AS TO ,,~.~~:.~, ; RAGUEL RAMIS HICKEY & Ld~Pll~sion '~~°~~_ ~`g= Notary Public -State of Florida ' ELUTION y, ,,,- Commission # DD 351486 ~•' „o~ ~~~• , Borxled BY Natlor~ Nosy Assn. 'y~ Attorney ~~ tee Article II /General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporafion organized under the laws of the State of Florida {City). The City has delegated the responsibilrty of administering this Grant to the City's Guttural Affairs Program Manager or his Designee. 2. Proiect Description: The Grantee may only use the Grant for the purposes that are specificaly described in the Project Description, attached hereto as Exhibit No.1. AH expenditures Witt 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 shah not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amoun# of Grant funds. Nofivithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shalt not be permitted without the prior written consent of the Guttural Affairs Program Manager or his Designee. Said requests shalt be made in advance, in wrifing, detailing and justifying the need for such changes. 3. Resorts: 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 fulfiNing, 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 Projecct's completion date. Grantees tx~mpleting their Project by Fiscal Year End, September 30, 2008, must submit their fins! reports no later than November 15, 2008. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is slaeeifed in Article I-2 (subject to the restrictions in Article I-2). By making this Grant, the City assumes no obligation #o provide financial support of any type whatever in excess of the total Grant amount. Cos# ovemms ane 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. Program Monitoring and Evaluation: The Cukural 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 Bondinct: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shah 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. Acoounting and Ftnanrtial Review: The Grantee must keep gate and canplete books aril records of all receipts and expenditures of Grant funds, in con#ormance with reasonable acxounting standards. These books and records, as well as ati documents pertaining to paymerrts received and made in +conjunction with this Grant, such as vouchers, hips, 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 b5-the Cultwal Affairs Program Manager or his Designee or his Designee at the Grantee's offrces during regular business hours and upon reasonab~ notice. Furthermore, the Guttural 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 mus# include the Cily of Miami beach logo and the following credit tine in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may prelude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article 1f-12. 2of9 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 Gran#ee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend aN claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay al! cx~sts, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by ibis Agreement, or otherwise provided, shah in noway limit the responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities gs 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 tha# Statute r the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one 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 inciden# or occurrence, exceed the sum of $204,000 from any and aN persona! 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. Assignment: The Grantee is no# permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article II-12. 11. Comolianc:e 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, whid~ is incorporated herein by reference as if fuNy set forth heron, and Chapter 2, Article VII of the Miami Beach City Code, as amended, whiclt is incorporated herein by reference as if fuNy set forth herein. 12. Defauft/"'fermination Provisions: In the event the Grantee shah fail to materially conform with any of the provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terming#e #his 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 even# of termination, the Grantee shah be required #o immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demar-d is received. In the even# that this Grant is #erminated and the Grantee is requested to n~pay all or a portion of the Grant funds because of a breech of this Agreement, the foNowing terms will apply: a. For Firs#-time violations -Grantee shall be required to submit a final report with documentation of expendRure of aN gran# awards already received (first half) prior #o 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 aN grant funds received in fuN #o the City of Miami Beach. Grantee will not receive remainder of this Grant atnrard. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee wilt be allowed to gpply for future fiscal yeaPs grants programs. b. For more than First-time violations -Any future compliance infractions by Grantee wiN 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 CuN:ural Affairs Program Manager or his Des~nee shall obtain the recommendation of the Cultural Arts Council, but the Erna! decision as to whether Grantee may be alk~nred 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 Afide 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. Indulgence 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 shah 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 wiH be effective when delivered in person or upon the receipt of a cert~ed letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Guttural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development,1700 Convention Center Drive, Miami Beach, Florida 33139-9819. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limning or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreemen# of the parties. No representations, ext~pt 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 111 /Miscellaneous Provisions 17. The Grant awarded herein is the resuit 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 c~nply with the following Special Conditions: The Grantee hereby agrees that n will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004 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 atxommocfations 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 Descrip~on Organization: Greater Miami Youth Symphony of Dade County Florida, Inc. 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. Project description as approved by Grants Panel: The Greater Miami Youth Symphony ("GMYS") plans to present several educational arts opportunities to the Miami Beach Community, as well as the overall Miami-Dade population through two instrument demonstration concerts for Miami Beach youth and a chamber music series that will include: recitals, lectures, masterclass, and a public rehearsal. In addition, GMYS also plans on holding a Youth Orchestra Collaboration between GMYS and the Youth Orchestra of Palm Beach County a# a Miami Beach venue such as the Jackie Gleason Theatre or the Lincoln Theatre. All the events will contain a performing and educational component. Through the proposed events, the Youth Symphony will aim to provide educational arts opportunities not only for their own diverse students' population, but also youth and adults on Miami Beach. Pro'ect descri lion as revised if a livable based u on the C' Commission a roved award: Changes to projects awarded under the A-tistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. The Greater Miami Youth Symphony ("GMYS") plans to present several educational arts opportunities to the Miami Beach Community, as well as the overall Miami-Dade population through one instrument demonstration concert for Miami Beach youth (Oct 26 at North Shore Youth Center) and a chamber music series that will include: one recital-lecture (Oct 27 at 22nd Stree# Library), and a public rehearsal. In addition, GMYS also plans on hoking a Youth Orchestra Collaboration between GMYS and the Youth Orchestra of Palm Beach County at Lincoln Theater on Miami Beach, March 8. All the events will contain a performing and educational componen#. Through the proposed events, the Youth Symphony will aim to provide educational arts opportunities not only for their own diverse students' population, but also youth and adults on Miami Beach. 6of9 Exhibit 2-A: Project Budget /Revised Total Project Budget Name of organization: Greater Miami Youth Sympfiony of Dade County Florida, Inc. Date(s) of Project: Oct 26, Oct 27, March 8 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 nean:st dollar. EXPENSES CASH IN-KIND Personnel -artistic 33.000 Personnel -technical 3.000 Personnel -administration 30,000 5.000 Outside artistic fees/services 7.950 Ou#side o#her fees/services Marketing/Publiaty 1,000 1,000 Space rental 4,000 5.000 Travel 3,500 Utilities 2.000 Equipment rental 250 Office supplies 5,000 Insurance/Security 3.500 Other Costs: Printing Postage (Itemize below) 3,250 550 REVENUES CASH IN-KIND Admissions 2.000 Contracted services Tuitions 10.000 Corporate support 6,000 Founda#ion support individual support 5,000 5.000 Government grants 35.000 Federal State 1,000 Other Contributions (Itemize below) ACMP 4.000 TCT 30.000 City of Miami Beach Grant Award 10,000 Total cash expenses 97.000 Total in-kind expenses 11,000 Total project expenses 108.000 CASH ~ IN-KIND Total cash revenues 97.000 Total in-kind revenues 11.000 Total project revenues 108.000 CASH 8 IN-KIND 7of9 Exhibit 2-B: Project Budget /Revised Grant Award Budget Name of organization: Greater Miami Youth Symphony of Dade County Florida, Inc. Date(s) of Project: Oct 26, Oct 27, March 8 Grant Award: $10,000 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 ca#egory, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel -artistic 7,000 Personnel -technical Outside artistic #ees Marketing/Publicity Printing Postage In County Travel Grant requirements Description Amount 250 1,000 500 TOTAL (must equal grant award): 10,000 Grant funds must be spent within budget categories agreed upon in grant agreement. Alt publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: °Ciiy of Miami Beach, CulturaiAffairs Program, Cufturd/ 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 Equipment Rental 500 Space rental (Performance Related Only) Insurance {Performance Related Only) Total Other Costs (itemize Below) 500 250 8of9 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 • SociaUFundraising 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 TIRE GRANT BUDGET (i.e. -all artists payments, separate from advertising payments) • Proof of logo and credit line in project publications aril advertisements • Proof of performance(s), such as programs, brochures and flyers. 9of9