Seraphic Fire MIAMI BEAC
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2011/12 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this 27th day of September 2011 between the City of Miami Beach,
Florida (the City) and (Grantee).
Article I / Grant Description
1. Grantee: Seraphic;Fire
Grant Contact: Patrick Quigley
Address: r
Zt53
City, State, Zip:
3 3 S
Phone, fax, e =mail : X65-- 4,�62156, , info(Dseraphicfire.org � �' .. �'.. 70 6 a,
2. Grant amount: $15,112.43 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 -13 Grant Budget, attached hereto
5. Contract execution deadline: November 15, 2011
6. Expenditure. deadline: September 30, 2012
7. Project completion date: May 31, 2012.
= 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date.
IN WITNESS WHEREOF th parties hereto have executed this Agreement this day of /V
Mat i He era Bower, M4ul Signature
Attest: STATE OF FLORIDA, COUNTY OF MIAMI- DADE
Robert Parcher, City .Clerk The foregoing instrum nt was acknowledged before me
(Grantee's Corporate Seal Here) this day 201 1, by
of
a not- for - profit
corporation. He /She i ersonally, known me or has
produced as
identification
GRANTEE: :
Federal ID #:� - 2 4 2 r° Signature of Notary Publi
BY 6 r
Printed Aame of Organization's uthor ed Representative Notary Name:
(City Attorney Approval Here) Notary Public, State of Florida
APPROVED AS T4
FORM & LANGUAGE My Commission Expires. Q ,� 2 r S�
& FOR EXECUTION
Abu •• MIKE SURGE$$
My COMMISS*N # EE090615
(j I .,o EXPIRES April 04.2015
a W0 39"153
Article 111 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
responsibilityof administering this Grant to the City Manager or his authorized designee, who shall be the City's
Gultural Affairs Program Manager.
2. Project 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. A mandatory
dollar for dollar ($1 to $1) match is applicable to all Grant programs. Grant applicants must demonstrate
this match through cash,_other matching grants and /or In -Kind contributions not in excess of 25% of the
total cash project budget. Line item changes to said Budget shall not exceed ten percent (10 %) per category,
and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to'the itemized Grant Award Budget in Exhibit 2 -13 shall not be permitted without the prior written
consent of the.Cultural Affairs Program Manager. Said requests shall be made in advance of the project's
commencement, in writing, detailing and justifying the need for such changes.
3. Report s : 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 supplythe Cultural Affairs Program Managerwith a written Final Report documenting that the
Grantee has fulfilled all requirements. This report must be received by the Guttural Affairs Program Manager
within 45,days of the Project's completion date. Grantees completing their Project by the end of the Fiscal Year,
or September 30, 2012, must- submit their final reports no later than November 15, 2012. New Grant awards
will not be released until all Final .Reports, for previous years' funding are received.
4. Amount of Grant and Payment Schedule The total amount of the Grant'is specified in Article 1 -2 (subject
to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of
any type whatsoever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will only be supplied to the Grantee following 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 Cultural Affairs Program Manager may monitor and conduct an
evaluation` of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the.
Grantee's programs with Grantee's personnel. The Grantee agrees to, utilize the standardized Audience Survey
adopted by the Cultural Arts Council to obtain specific feedback from program participants.
6. Bank Accounts and Bonding Monies received pursuant 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 Managerwith the identity and title of individuals authorized to withdraw or
write checks on Grant funds.
7. Accounting and Financial Review Funded activities must take place within the City's fiscal year for
which they are approved (October 1 - September 30).The Grantee shall 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 pertainingto payments received and made in
conjunction with this Grant ,'including, without limitation, vouchers, bills, invoices, receipts and canceled checks,
shall be dated withinthe fiscal yearfor which they are approved and retained in Miami -Dade County in a secure
place and in an orderlyfashion bythe Grantee for atleasttwo (2) years afterthe Expenditure Deadline specified
in Article 1 -5. These books, records, and documents may be examined by the City, and /or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial- records of the Grantee,
whether or not purported to be related to this Grant.
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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 thesame manner as if Grantee defaulted
under this Agreement, pursuant to Article IH 2.
9. Liability and Indemnification The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from , any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 Granteeor its officers, employees, agents, servants,
partners, principals or contractors. 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 its.obligation, as setforth herein, to indemnify, hold harmless and
defined the City or its officers, employees, agents andcontractors as herein provided.
If the Grantee is a government entity, this indemnification shawl 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, whentotaled with all other
claims or judgments paid by the government entity arising out ofthe 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. Assignment The Grantee shall not be permitted to assign this Grant, and any purported assignment
will be void, and shall be treated as an event of ddault pursuant to Article 1I• -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 Default/TerminationProvisions In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the Cultural Affairs Program Manager 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 ail 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 isterminated, the following provisions will also apply:
a." For first -time violations - Grantee shall be required to submit a final report with documentation of
expenditure of all Grant funds already received (first half) up'to the termination date.
Additionally, Grantee will be ineligibleto apply and /or receive a grant in the subsequent City fiscal year.
However, Grantee will be allowed to apply for grantsin future fiscal years.
b. For more than first-time violations - Any compliance infractions beyond first -time violations will be
considered by the Cultural Affairs Program Manager, on a case -by -case basis. As part of his consideration, the
Cultural Affairs Program Manager shall obtain the recommendation of the Cultural Arts Council, but the final
decision as to whetherGrantee may be allowed to applyfor future grants shall remain within the sole discretion
of the City.
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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
in writing from the Cultural Affairs Program Manager an extension of the Expenditure' Deadline which, if
approved, shall be for a period not to exceed one (1) year.
Gran_ t funds which are to be repaid to the City pursuantto this Section are to be repaid upon demand by
deliveringto the Cultural Affairs Program Managera certified check for the total amount due, payable to the City
of Miami Beach, Florida:
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to; it under the law.
11 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 shall not be deemed to constitute a waiverof the provision or
any portion of this Agreement either at the time the breach. or failure occurs, or at anytime 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 Articled -1 of
this Agreement, and to the City`when addressed as follows: Gary Farmer, 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 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 Represents 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 III / 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 /or services recommended for
support. As such, use of Grant funds for any program component not meeting this condition will be considered a
breach of the terms of this Agreement and will allowthe 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 Human Rights Ordinance as
codified in Sections 62 -31 through 62 -66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national. origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age.
The City endorses the clear mandate of the Americans with Disabilities Acbf 1990 (ADA) to remove
barriers, which prevents qualified individualswith disabilities from enjoying the same employment opportunities
that are available to persons disabilities.
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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 taws 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 EXPRESSLYWAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, CR ARISING OUT OF, THIS AGREEMENT.
-THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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Exhibit 1 -/ Revised Project Description
Organization: Seraphic Fire
Completely describe Project approved by the Grants Paneland 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
Seraphic Fire a the.Firebird Chamber Orchestra's 10 Season will present seven (7) programs of choral
and orchestral music.on Miami Beach at the Miami Beach Community Church,
PROGRAM k The Death of Victoria: A Requiem for the Renaissance
Oct. 23, 20111 4 ,OOpm
PROGRAM If =: Tchaikovsky: The Serenade -- Nov. 20, 2011, 4:00pm
PROGRAM III: O Holy. Night--. Dec. 10, 2011, 8:.00pm
PROGRAM IV: A Celebration! 10 Years of Seraphic fire -- Jan. 15, 2012, 4:00pm
PROGRAM V: The Tudors: A Musical Tapestry -- March 18, 2012; 4:00pm
PROGRAM VI: Dances of the Americas: The Pulse of a New World
April 22, 2012, 4:00pm
PROGRAM VII: Treasures of the Mission Road: The Glory of Latin American Baroque --
May 13, 2012, 4:00pm
Project 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.
There are no changes to the project.
a
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Exhibit Project Budget] Revised Total Project Budget
Name of organization: Seraphic Fire
Date(s) of Project: October 1, 2011 - May 31, 2012,
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
BUDGET ATTACHED
City of Miami Beach Grant Award 15,112.43
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PROJECT EXPENSE BUDGET
CASH GRANT *IN-KIND
DOLLARS CASH MATCH
..EXPENSES ALLOCATED + (MIN $1 TO $1) CONTRIBUTIONS
PERSONNEL
ADMINISTRATIVE: NO. OF EMPLOYEES: $47,991 N/A $47,991
ARTISTIC: NO. OF ARTISTS: $ $10,000 $18,695
TECHNICAL: NO. OF EMPLOYEES:
OUTSIDE ARTISTIC FEES: NO. OF ARTISTS: $31 $5112.43 $25959.43
OUTSIDE TECHNICAL FEES: NO. OF $5,704 $5,704
TECHNITIONS:
MARKETING /PUBLICITY $22,100 $22,100
PRINTING $1,345 $1,345
POSTAGE $360 $360
IN COUNTY TRAVEL (PERFORMANCE RELATED ONLY) $1,080 N/A $1,080
OUT OF COUNTY TRAVEL $23,2$9 N/A $ 23,289 $28
EQUIPMENT RENTAL $ 600 $600
EQUIPMENT PURCHASE N/A
SPACE RENTAL (PERFORMANCE RELATED ONLY) $5,145 $5,145
INSURANCE (PERFORMANCE RELATED ONLY) $1 + 380 N/A $1,380
UTILITIES $1,608 N/A $1,608
SUPPLIES /MATERIALS $1,798 $1,798
OTHER COSTS (ITEMIZE BELOW:
bank/credit card fees $2,400 $2,400
ticketing fees $1,800" $1,800
office rent $7,200 $7,200
development related expenses $240 $240
other operating expenses $720 $720
MIAMI .BEACH GRANT AWARD 15,112.43
TOTAL CASH EXPENSES
$ 184, 527 = $ 1.5,112.43 + $169,414.57
TOTAL IN -KIND CONTRIBUTIONS *In -Kind Contributions must not exceed 25% of Total $28,463
Cash Expenses stated above.
TOTAL PROJECT EXPENSES, 212,990
Sum of Cash & In -Kind
PROJECT REVENUE BUDGET
List all project related revenues. Round amounts to the nearest dollar (do not show cents). Provide an
additional sheet with an itemized budget for any items in the "Other Revenues" category above $5,000. NOTE:
Total project expenses and revenues must equal.
CASH INCOME IN-KIND VALUE IN -KIND SOURCE
ADMISSIONS $8.1,327
CONTRACTED SERVICES
TUITIONS
CORPORATE SUPPORT $4,000
J FOUNDATION SUPPORT $31
PRIVATE /INDIVIDUAL SUPPORT $44 ,887.57 $28,463 individual home stays.
GOVERNMENT GRANTS - (IDENTIFY SOURCE)
FEDERAL
STATE
LOCAL
APPLICANT CASH ON HAND
OTHER REVENUES (ITEMIZE BELOW):
bank /- credit card fees . $2,400
ticketing flees $1 7 800
CDs $4,000
GRANT AMOUNT AWARDED
$15,1,12.43
TOTAL CASH REVENUES p
(MUST EQUAL TOTAL CASH EXPENSES ON PG 11) $184, 52.7
TOTAL IN -KIND CONTRIBUTIONS $28,463
(MUST EQUAL TOTAL IN -KIND ON PG 11)
TOTAL PROJECT REVENUES
(MUST EQUAL TOTAL PROJECT EXPENSES $ $ 212 990 Sum of Cash & In -Kind
ON PG 11)
Exhibit 2 -B:, Project Budget / Revised- Grant Award Budget
- ,Name of organization: Seraphic Fire
Date(s) of Project:
Grant Award: $15,112.43
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 $10,00 0 Equipment Rental
Personnel — technical Space rental (Performance
Related Only)
Outside artistic fees $5112.43
Marketing /Publicity Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): $15,112.43
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
• 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 be used towards) :
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• 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
•', Insurance Fees (Cultural Anchors excluded from this restriction)
• 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 eventserves to specifically benefit City -of Miami Beach
government and has been previously approved as such be the Cultural Affairs Program Manager
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. Invoices AND checks must be dated within the 201142 Fiscal
Year
• Proof of logo and credit Iine'in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers. .
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