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So. Fla. Youth Symphony Inc. I.. City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this \ ~ day of ~ 6\1 . 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and SJ, r-th-.Ela..rid LA. Y()ut~ ,\y 111 P h 0 n 'I) / IJ{'", . (Grantee). Artiele I / Grant description 1. Grantee: 0'< CL ) I fJe Address /2-l..P Lf. 5 -S fA) City. state, zip M lAM I FL 3 ~ /7& Phone, fax, email --i,. 3o$" 23>8".;)- 7;;) <j t-x.30 (' . z~z. Af.f 7t,P U.- /'>'lelrj -@ \"OC~~rt . com 2. Grant amount: ~ 5 I fT{Jt) . ~ 50% paid upon execution of this Agreement. Remaining 50"Al paid upon completion of Project, submission and approval of final report. 3. Project description: See Exhibit I, attached hereto 4. Itemized budget: See Exhibit II, A and B attached hereto 5. Expenditure deadline: Seotember 30. 2001 6. Report deadline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this j Yl-day of fJ () II. , 2000. GRANTEEl3~ qoridq y~ SVntp~ Print Name of Orgll1lization Federal ID # 5 q -(P d' ;)./ {p d- BY: J;/It1MA Al...\tA~Q Printed Name of Chainnan or President Si~~ AlTEST: ~r~~ Robert Parcher. City Clerk (Grantee's Corporate seal) BY:.Jtef'lS- 6lAeM€NJHA Printed Name of ChEcal Officer . ./\ .QJt)\1 0 ) lVYVlDMd..LlV Signature APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION BY: f\.A...Prf2JiJR.IF HAHN Print Name of Executive Director AAJ /JI1{).JI___ ID ~ y-<1V ~'o. Article II I General conditions I. Parties: The parties to this Agreement are the Grantee listed in Article 1, 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 Executive Director of the City of Miami Beach Cultural Arts Council, or his designee, who shall be referred to herein as the "Director of the Council." 2. Proiect DescriDtion: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description attached hereto as Exhibit No. I. All expenditures will be subject to the tenns of this Agreement, and as specified in the itemized Line Item Budget, or with changes not to exceed ten percent (10%) per categoty, so long as expenditures do not exceed the total amount of Grant funds. If amendments to the itemized Line Item Budget are absolutely necessary the Grantee must fonnaIly request authorization via a letter to the Director of the Council detailing and justifying the changes. All Grant recipients must participate in MiIImi Belich Second ThlU'Sdays (see Article ID-19). The following City of Miami Beach "Anchors" are required to provide specific information in their Project Description, attached hereto as Exhibit No.1, for providing mentoring to a small to medium arts organization( s) of their choice, supported by the City's Cultural Arts Council, either by offering rehearsal space, worlcing on collaborative programs, or some similar project with the intent of assisting such smaller arts organization( s). Miami Beach "Anchors" for 200012001 are defined as follows: ArtCenter/South Florida Bass Museum of Art Concert Association of Florida Jewish Museum of Florida Miami City Ballet Miami Design Preservation League New World Symphony Wolfsonian-FlU Failure to include the above infonnation may result in the cancellation of the Grantee's award, and may disqualify it from future consideration from the City's Cultural Arts Grant Program. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's tourism and cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Director of the Council with a written report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Director of the Council within 90 days of the Project's completion. Miami Beach Anchors ONLY will submit an interim report in April 2001 to receive the second 50% of their Grant award, with fmal reports due at the completion of the City's fIScal year on September 30, 2001. 4. Amount of Grant and PaYment Schedule: The total amount of the Grant is specified 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. Proe.ram Monitorin!! and Evaluation: The Director of the Council may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank AOOJunts and Bondin!!: 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 io writing to the Director of the Council with the identity and title of individuals authorized to withdraw or write checks on Grant funds. .. 7. Accountinl!: and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in confonnance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director ofthe Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthennore, the Director of the COWlcil may, at the City's expense, audit or have audited, upon reasonable notice, all the financial records ofthe Grantee, whether or not purported to be related to this Grant. 8. Publicitv and Credits: The Grantee must include the City of Miami BetlcII CuItIInIl Arts eo""en logo and the following credit line in all publications related to this Grant: THE CITY OF M/AMJ BEACH. Failure to do so may preclude future grant funding from the City in the Sl!ffie manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 9. Liability and Indemnification: The Grantee shall indemnitY and hold hanniess the City and its officers, employees, agents and instn.tments 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 resuh of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out ot: 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 indemnitY, keep and save hannless 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 thereot: which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or oocurrence, exceed the sum of $200,000 from any and all per.>onal 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. Assil!Jl1llent: 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 II-12, below. 11. Comoliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, COWlty and City laws, inCluding but not limited to Miami-Dade County's Ordinance No. 72-82 (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 confonn with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any Wlpaid 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 tenn or condition of this Agreement, upon five (5) calendar days written demand by the Director of the Council, the Grantee shall repay to the City all portions ofthe 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 ofthe Grant period. The Grantee wiIl 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 lIS of the date of the Expenditure Deadline specified in Article 1-5 must be retumed 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 ftom the Director ofthe Council an extension of the Expenditure Deadline 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 Director of the Council 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. IndulJrem;e WiIl Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perfonn any provision of this Agreement shall not be deemed to constitute a waiver of tbe 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 I-I of this Agreement, and to the Director of the Council when addressed lIS follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Caotions Used in this Atzreement: Captions, lIS used in this Agreement, are for convenience of reference only and should not be deemed or construed lIS in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Reoresents Total Al!I'eeI:IIent: 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 HI I Miscellaneous provisions 17. The Grant awarded herein is the result of an extensive public review process which found that the Grantee is perfonning 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 wiIl 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 ofMiaml Beach Ordinance No. 92-2824, lIS 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 equall\lX:eSS and equal opportunity and services without discrimination on the basis of any disability. 19. All Grant recipients must participate in "Miami Beach Second Thursdaysfl (Second Thursdays), a cuhural open house on the second Thursday of every month. Free arts events will be held at multiple locations throughout the City. Upon acceptance of the Grant and execution of the Agreement, Grantee shall include the exact manner of participation in "Second Thursdays." Failure to participate in "Second Thursdays" may be considered a material breach of this Agreement, as provided in Article n - 12 herein. Exhibit t I Revised Project description Organimtion: South Florida Youth Svmohonv. Inc.Prqjmtitle: Musical Enchantments Concert Series Completely desllribe Project approved by the Ol'll.lllS Panel and in a llep8l'ate narra.tive detail the revisions 10 the Projeet based upon the award. Please be as specific as possible; name of event. venue, limes, etc. Aba, deuil the llfg8JIiUllOll' ~ participation in Miami Beach SlU:und ThUl'sdays. Miami Beach Anchors should list specifics aOOut their mentoring program. Our Grant Project is the production of two concert event by the Talented Youth Musicians of the South Florida Youth Symphony, for the residents of Miami Beach and South Florida. The fist event will be presented in The Lincoln Theatre, on Sunday'afternooon December 10,2000 at 3PM. New World Symphony players will sit side by side with the youth players after a month of coaching with them on Sunday afternoor Also featured on the program will be the delightful childrens Narrative' Peter & the Wolf'. The concert will include a reception following in the lobby. The second event is the production of a FREE community concert at the North Beach Band Shell, which will include guest artists and side - by- side players of the South Beach Chamber Ensemble, .witbttithe m.ember~of the if Youth Svmphony. This event will take place on Fevruary 25, 2001, at 3P t-or e Lno I nursuay pe ormance: The String Consort training division of the SOuth Florida Youth Symphony will appear in concert for the Holidays at the Miami Beach Botanical Garden on Thursday eve. Dec 14th at 6:30-7:15, just before the pres by the South Beach Chamber Ensemble Additional Narrative, SFYS, Inc. The revisions to the project are solely in the financial base support for the events. No programatic changes have been made, but other sources and avenues for funding have been secured. The Miami Dade Cultural Arts Council has granted the SFYS artistic support for the season, in particular to this grant, support for the New World Symphony Coaches and SFYS conducting and Administrative staff. A Grant is pending with the Florida Dep't of State Fine Arts Council for $1,500.00 for the Theatre rental cost partial subsidy. With this added help it is possible to complete the two programs, and the 2nd Thursday event as planned. Exhibit 2: Revised Project Budget J A. Total Project Budget NlIIlle of organization: So~th FIQridil YO'lth Sym~wt,li\~;. Musical Enchantments Concert Series lJate(s} of Project: n..r 1 n. :lnnn - F..h :I'i, 7001 Attach a ropy of the total Project budget or liat cash ellpc:nses and c:asb rewnues specifically identi1ied with YOIll" program, Project or ~\ItIIls. RplIJfd off "'I numbers to the nB"rellt dollar. Perso1U1el . ani:ltic PCI'SOl\Ilcl- tecbnical ~J - administration Outside artistic feeslservices Outside other feeslservices MsrbcingfPublicity 600 Spacerel1l8l 1,IlQO T~vcl 510 Utilities Equipll\lllIt rental :I <;R Offire supplies Insuranl1elSeallity 38<1 EXPENSES Other Costs: T ollll t'8sh expenses Total in-Idnd expenses Total projlllCl expenses cash in.kind $9.0nn 200 7,<;00 REVeNUES ClIlIih in-ldnd Admissions $6,000 COlltraCled services ROO Tuitions Corponde support Foundaiioo support Individual support GOvvrnmetlt grants .4, son Federal State 1,500 80n (lIemiu Iu!Jolllj Oth<:r (X)ntributions (ltellliu kloll') S~5 c::lI~c: 1nn Granl award $'i,noo $1.5232 800 11\0,7 (cah + in-kind) Total cash revenues T alaI in-kind revenues Total project revenues 1/ 100 ROO $17.QOO (cash + in-kind) Exhibit 2: Revised Project: Budget J B. GnDt Award Budget Name of organization:South florida 'youj:h SyOl~jwt Title: Musical Enchantements CQncert Series Dete(s) of Project: Dec. 10. 2000 - Feb 25. 2001 Directions: Identify IUld itemize cash expenses to be paid ftom Ol'8llt tUnds. GtllItt awards may Ollly be spent within budget categories declared below. Gralll EI...,.. Personnel - artistic $2.8jlp J>ertonneI- teI1bnic:al 199 Pel:sonnel- administrative BOO Sp~ Rmtat Travel (local only) 510 MarlcdinglPublicity sSg Outside lll'tilllic tee!l OUbide othc:r fees Olllc:r costs (lklfliu Mow) Mllc:ir/Fqllipmpnt Rental $7<;B InsurSln<;~ 182 TOTAL '!;'i.000 00 Gnn! requirements: GI'1lI1\ m<mies /fI/I$f h.,.", wldlin bllClgct cmgorieol agroed upon in conInet All plillicllticlJl!l asoac:i*d wilh Misn! Beach CIuItunI Ads CoIIncil JlllW 9lIp]>\lft must incllde the City QfMiami Beech cultural Ar\lI CoIlIIcll's logo and the following byline "City o{ Mia",i B.ar;h" Grant 1'l1Dd$ ....y ....he .sed Ibr: Romuneralion of City employees fur any servico rendered as pan of.. pl'C!iact raceiving a gtllIllli'om !he City of Miami Beach Cullural Arts CounI1i1 "8ricb and 1l1OI1llt" (Jr plltmanentequipmtnt (pettMhellt~ent lleI.!!I8/')' Ibr prll!XlICd projectlIUl)' be purelwed iftbe price is less than whit is wauld cost In rent die eqllipmCllll) Debt reducdon OuJo.of-COllDty lrllWl or 1I'1U>Sporl8lioo FundraisiQg _ Hospllalityewnb EVllIWI not open 10 1he public