Loading...
New World Symphony Inc. ~ , City of Miami Beach Cultural Arts Council 2000/2001 Cultural Arts Grant Agreement This Grant Agreement is entered into this -5-- day Of~ 2000 between the City of Miami Beach, Florida, on behalf of the City of Miami Beach Cultural Arts Council (collectively the City), and New \~orld Symphony, Inc. (Grantee). Article I / Grant description I. Grantee: Address City, state, zip Phone, fax, email New World Symphony, Inc. S41 Lincoln Road Miami Beach, FL 33139 305-673-3330 ext. 263/305-673-6749 pwoehrle nws.org 2. Grant amount: $ 3 3 , 0 0 0 50% paid upon execution of this Agreement. Remaining 50% paid upon completion of Project, submission and approval offinal report. 3. Project description: See Exhibit 1, attached hereto 4. Itemized budget: See Exhibit II, A and B attached hereto 5. Expenditure deadline: September 30. 2001 6. Report deaclline: No later than 90 days after Project completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this --.!l- day of :De".. 2000. CITY OF MIAMl BEACH ~!~'Ma~ ATTEST: ~f~ Robert Parcher, City Clerk GRANTEW New World Symphony, Inc. Print Name of Organization Federal ID# 59- 2809 0 56 BY: Christopher T. Dunworth PrintedN~O~;ident Signa~ (Grantee's Corporate seal) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Phillips Signature Christopher T. Dunworth ~~~ i iii. omey !- D ~ <(--o?J DaN BY: Printed Name Of..fU Director Signa~ f c , 7. Accounting 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) Ye<ll'S after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Director of the Council or his designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Director of the Council may, at the City's expense, audit or have audited, upon reasonable notice, all the fmancial 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 CulhmUA1t$ ColUldllogo and the following credit line in all publications related to this Grant: THE CITY OF MIAMI BEACH. Failure to do so may preclude future grant funding from the City in the slplle manner as if Grantee defaulted under this Agreement, pursuant to Article II - 12, below. 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 a\l claims and losses in cotulection 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 sha\l only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions ofthat 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 oocurrence, 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. Assil!lUl1ent: TIle Grantee is not permitted to assign this Grant, and any pwported assignment will be void, and sha\l be treated as an event of default pursuant to Article II-12. below. II. ComDliance 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 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. DefaultITermination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Director of the Council may withhold or cancel all, or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee lUlder 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. 1: , The Grantee will be liable to reimburse the City for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the City far all last or stolen Grant funds. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as ofthe 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 Director of the 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. Indu\srence 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 Director of the Council when addressed as follows: David Whitman, Executive Director, Miami Beach Cultural Arts Council, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 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 limiting or extending the language or provisions to which such captions may refer. 16. Contract Reoresents Total Agreement: 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 ill I 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 of1964 (42 D.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 of1990 (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. All Grant recipients must participate in "Miami Beach Second Thursdays" (Second Thursdays), a cultural 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 ThullldayS" may be considered a material breach of this Agreement, as provided in Article n - 12 herein. , Exhibit 1/ Revised Project description Organization: New World Symphony, IncProjecttitle: 2000-2001 Season Completely describe Project approved by the Grants Panel and in a separate narrative detail the revisions to the Project based upon the award. Please be as specific as possible; name of event, venue. times, etc. Also, detail the organization's participation in Miami Beach Second Thursdays. Miami Beach Anchors should list specifics about their mentoring program. , Funds from the City of Miami Beach Cultural Arts Council will support the New World Symphony's 2000-2001 season, which runs from September to May. During this time, NWS will present 41 subscription concerts, including full orchestra, chamber and special festival events at the Lincoln Theatre, as well as 16 free concerts. The council's grant will also help support community outreach and musician training. Cultural Programming Each year, NWS attracts a roster of stellar musicians and conductors to the Lincoln Theatre on Miami Beach. Highlights from the subscription series include a new series entitled Sounds of the Times, showcasing the music of prominent contemporary composers Philip Glass, John Adams, Louis Andriessen, Steve Reich and Luciano Berio. Reinbert de Leeuw (conductor), Steve Reich (composer) and Roberta Alexander (soprano), will be among participating artists. In November, NWS celebrated Aaron Copland's 100th birthday with his most popular works, featuring NWS alumni Tad Calcara (currently principal clarinet of the Utah Symphony Orchestra) who played Copland's jazzy Clarinet Concert, originally written for Benny Goodman. The Copland event also explored the diverse sources - from Jewish to Hispanic music, theatre and modernism - that influenced this composer's chamber works. (Proceeds from the November 18 performance benefited the NWS Minority Scholarship Fund for classical music students). The season will also include special festivals featuring Viennese Musical Traditions and Flamenco. Community Outreach These activities allow NWS musicians to contribute to music education in the community while they become better teachers. NWS works with several local schools through individual mentoring, music group coaching, instrument loans and free ticket distribution to concerts and rehearsals, among other programs. Beach schools involved are: Fienberg Fisher Elementary, South Pointe Elementary, Miami Beach Senior High, Nautilus Middle School, Treasure Island Elementary, Fulford Elementary, Highland Oaks Elementary, Madie rves Elementary, North Beach Elementary, Ojus Elementary and Sabal Palm Elementary. In addition, NWS offers free concerts and music classes for adults (an outreach residency at the end of each season) and performs at senior retirement homes. Musician Training The NWS' fellowship program is a comprehensive and progressive approach to musician training. Guest conductors and artists enhance the musical development of each fellow. Musical coaches from world-renown symphonies participate in residencies and work individually with fellows on musical technique. Professionals representing a wide range of additional disciplines also work with NWS fellows in the following areas: music education; community outreach; verbal communication skills; management of audition and performance anxiety; instrument-specific health-related issues; stage presence; personal finances; and arts administration and development activities. Second Thursdays Update October 12: Four music students from local schools as well as an NWS quartet played in the lobby of the Lincoln Theatre. Nov 9: NWS string quartet presented two short public performances in the lobby of the Lincoln Theatre. No performance will take place December 14 because of a pre-scheduled subscription concert. Anchors Mentoring Update NWS is working with the Miami Beach Performing Arts Academy for the mentoring component of the grant this year. Students from the academy receive tickets/passes to the following performances: Pre-Season concerts, Concerts for Kids, Musical Xchanges, Musician's Forums, Open Rehearsals and other special events. In December, NWS musicians will be mentoring students from MBP AA on Saturday the 16th. ,. Exhibit 2: Revised Project Budget I A. Total Project Budget Naw World Symphony, Inc. Name of organization: .. .,.. '.J: '. ''Project Title: 2000-2001 Season Date(s) of Project: Ju'j.;y 1. 112000 to June 30, 2001 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. PLEASE SEE ATTACHED BUDGET EXPENSES Personnel - artistic Personnel - technical Personnel - administration Outside artistic fees/services Outside other fees/services MarketinglPublicity Space rental Travel Utilities Equipment rental Office supplies Insurance/Security Other Costs: Total cash expenses Total in-kind expenses Total project expenses REVENUES cash in-kind Admissions Contracted services Tuitions Corporate support Foundation support Individual support Government grants Federal State (ltemke below) Other contributions Grant award Total cash revenues Total in-kind revenues Total project revenues (cash + in-kind) cash in-kind (ltemite below) (cash + in-kind) 6-Nov-OO [FY2001 BUDGET.xls] NEW WORLD SYMPHONY MIAMI BEACH CULTURAL ARTS COUNCIL PROJECT BUDGET (ALL LOCAL) FISCAL 2000-2001 PROJECT GRANT BUDGET EXPENSES REVENUES Earned Income Ticket Sales 804,227 Fee Performances 25,000 Corporate Concerts 35,000 Other Earned Income 176,250 Total Earned Income 1,040,477 All Other Income Annual Fund 2,810,200 Carnival 200,000 NWS Supporting Foundation 2,188,965 Endowment Income for Operations 1,402,117 Total All Other Income 6,601,2B2 Total Revenues 7,641,759 EXPENSES Artists 1,087,122 17 ,000 Orchestra 1 ,562,373 Operations 721,942 Musician Advancement 608,158 9,500 Outreach Activities 117,874 Box Office 114,830 Marketing 195,566 6,500 Public Relations 360,124 Development 726,343 Special Events 182,000 Hamptons Residency 0 General & Administrative 777,255 Technology & Information Systems 128,753 Citibank Credit Line (Int only) 9,000 SunTrust Loan (P&I) 92,000 Surveys 50,000 Special Legal Fees 50,000 Executive Search Fees & Expenses 75,000 Lincoln Theatre 436,182 Orchestra Housing 347,237 Total Expenses 7.641,759 33,000 SURPLUS (DEFICIT) 0 Exhibit 2: Revised Project Budget I B. Grant Award Budget New World Symphony, Inc. Name of organization: Project Title: 2 0 0 0 - 2 0 0 1 Sea son Date(s) of Project: July 1, 2000 to June 31, 2001 Directions: Identify and itemize cash expenses to be paid from Grant funds. Grant awards may only be spent within budget categories declared below. Grant EXDeuses Personnel- artistic Personnel- technical Personnel - administrative Space rental Travel (local only) MarketingfPublicity $6,SOO Outside artistic fees $17,000 Outside other fees Other costs (Itemize below) Musician Advancement (training) $~,500 TOTAL $33,000 Grant requirements: Grant monies must be 'Pent within budget categories agreed upon in contract All publications associated with Miami Beach Cultural Arts Council grant support must include the City of Miami Beach Cultural Arts COlUlcil's logo and the following byline "City of Miami Beach" Grant funds may Dot be used for: Remuneration of City employees for any services rendered as part of a project receiving a grant from the Ci1;y of Miami Beach Cultural Arts Council "Bricks and mortar" or permanent equipment (permanent equipment necessary for proposed project may be purchased if the price is less than what is would cost to rent the equipment) Debt reduction Out-of-c~ travel or transportation FlUldraising events Hospitality events Events not open to the public