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HomeMy WebLinkAboutGrant Agreement between the CMB and Fangoria Publishing LLCDoc Wp Envelope ID: NNOC26A9151"76F-6281-a02E86EIM 2-0?�� 1 MIAMISEACH CITY OF MIAMI BEACH 3 FANGORIA PUBLISHING, LLC "Class of 2026 Horror Shorts Program" GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made and entered into this _day of JUN --? 2026 202_ by and between the City of Miami Beach, Florida, a Florida municipal corporation (the "City'), and Fangoria Publishing, LLC, a Georgia limited liability company (the "Grantee'). This Agreement is effective as of 202_ (the "Effective Date"). ARTICLE I f GRANT DESCRIPTION 1. GRANTEE: Fangoria Publishing, LLC GRANTEE CONTRACT ADMINISTRATOR: ADDRESS: CTY, STATE, ZIP: PHONE: EMAIL: 2. GRANT AMOUNT: 3. PROJECT DESCRIPTION: 4. GRANT PROJECT BUDGET: 5. PROJECT FIRST CUr DATE: 6. PROJECT COMPLETION DATE: 7. FINAL REPORT DEADLINE: Tara Ansley 8 Abhi Gael, Co -Owners 2566 Shallowford Road, Suite 104-180 Atlanta, GA 30345 470.437.8583 Cell (Tara Ansley) taraWanaoda.com; acoountinnalanoons.com $25,000.00 (Twenty -Five Thousand Dollars) 'Class of 2026 Horror Starts Program" See Exhibit 1 hereto August 31, 2026 October 1, 2026 October 1, 2026 ■ Dowsign Envelope ID: 5895BC28-898"76F-8281-25B2E88E1E55 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: Granado, City Clerk ,e REGIS BARBOU JUN 2 2026 ; Date 'IX(oIIP OAATEU,y� FOR GRANTEE: ATTEST: na Sigture � � a(h�� Name/TTtle q (9Izoz(v Date Fangoris By .i�111L►., LLC APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION WW�^ CityAttorney � Da k Dowaign Envelope ID: 58956C28-8986-916F41281-25B2EBBE1E55 ARTICLE 11 I 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 (the "City'). The City has delegated the responsibility of administering this Grant to the City Mager or hisiher authorized designee, who shall be the City's Tourism and Culture Department irector 2. PROJECT DESCRIPTION: The City has awarded the Grantee Twenty -Five Thousand Dollars ($25,000.00) from the Citys Film Incentive Program, to fund the "Gass of 2026 Horror Shorts program- Short Film Program (the "Program"), that will provide one (1) Miami -Dade based filmmaker and one (1) out-of-state filmmaker (inidivudally and/or collectively, as the context may require, the `Fllmmaker(sr) with $12,500 each (provided that so long as the total budget does not exceed $25,000 of City Grant funds, Grantee may allocate the funds between the two Filmmakers in accordance with each Film's needs) to create a 10-to-12-minute film within the City of Miami Beach (the "Film(sr). The Films will be submitted to top domestic and international genre festivals, as well as hosting public premier events in Miami Beach to showcase the films. 3. The Grant will be distributed to Grantee in two installments and administered by the Miami Beach Tourism and Culture Department. Prior to distribution of the final payment of the Grant, Grantee shall provide a final report, as detailed in Section 6. Grantee hereby irrevocably grants to the City, the non-exclusive right and license throughout the universe, in perpetuity, and all ancillary and subsidiary rights therein and thereto, to use, edit, modify, include, incorporate, adapt, derive, record and reproduce the short films produced under the Program - in any manner whatsoever, in orout of context, by any and all means and/or devices and in any and all media now or hereafter known, including without limitation, film, television, cable, motion picture, soundtrack recordings, videocassettes, video discs, computer and/or audiovisual devices, still photography and print publications, all in connection with the production, exhibition, distribution, exploitation, advertising, marketing, publicity and promotion of the Program. Grantee acknowledges that City will have no obligation to complete, distribute or exploit the Program or to make use of the short films or any of the rights granted to City herein. Notwithstanding the foregoing, Grantee shall have a right of prior approval over uses of the Grantee logo and brand (i.e., use of the FANGORIA name, logos, and/or trademarks) for any and all uses in or out -of -context related to the Program or any use by the City. 6. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant project budget (the 'Project Budget"), attached hereto as Exhibit 1. Any modification to the Project Budget shall not be effective unless approved, in writing, by the City and Grantee. Any request by Grantee to modify the Project Budget shall be made in writing, using City approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 5. ELEGIBLE USES OF FUNDING: The Grantee may only use the Grant for the purposes of funding $12,500 towards each Filmma6es production budget (provided that so long as the total budget does not exceed $25,000 of City Grant funds, Grantee may allocate the funds between the two Filmmakers in accordance with each Film's needs), including any marketing, ■ Docusign Envelope ID: 5695BC2689B6-876F-8281-25B2E88E1E55 promotional and screening production. Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable contributions; or non -secular programming and services not open to the public. 6. REPORTS: This Grant has been awarded with the understanding that the Project will enhance the Ctty's abllity, to support and promote independent Miami -Dade and other state filmmakers, while providing a venue to showcase Miami Beach as a production -friendly film location. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Tourism and Culture Director with a written final report (the 'Final Report'), which shall document the Grantee's satisfaction of all requirements. The Final Report, along with the grants application and supplemental requirements, must be received by the Tourism and Culture Director by October 1, 2026. Furthermore, the Final Report, along with any supplemental materials, may be disseminated by the City without the prior written consent of the Grantee. The Final Report must include an accounts payable spreadsheet sorted alphabetically by vendor, and copies of all cancelled checks, invoices, and receipts for each vendor included. Proof of Miami -Dade residency must be provided for one (1) Filmmaker, including at least (2) proof of address documents. All receipts (or oontractsfinvoices) and/or copies of receipts must be labeled with their associated proofs of payment. Grantee shall submit all receipts, contracts, invoices in the order that they appear in Grantee's accounts payable spreadsheet. 7. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is specified in Article I, and payment of any portion thereof shall be subject to and contingent upon Grantee's compliance with the terms and conditions set forth in this Agreement. In awarding this Grant, the City assumes no liability or obligation with respect to Grantee's programs, activities or events, and undertakes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Grant funds will only be remitted to the Grantee once the City Manager has approved the Grant award, and once all parties have executed this Agreement, and provided that Grantee is otherwise in compliance with the terms and conditions herein. 8. NO GUARANTEE OF FUTURE FUNDING: The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behatt of City to continue or provide funding beyond the terms specified in this Agreement, nor does it imply an endorsement, or sponsorship of, Grantee or Grantee's programs, activities or events. 9. ACCOUNTING AND FINANCIAL REVIEW: Any activities funded by this Grant must have taken place during the correlated Film 8 Print Penmirs production, and within the time period approved by the Tourism and Culture Director for which the Grant is approved. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in accordance with reasonable accounting standards, and shall retain such books and records for at least three (3) years after completion of the Project. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills,, invoices, receipts, and canceled checks, must be directly related to Grant -funded activities taking place within the fiscal year for which they are approved and retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years. At the request of the City, Grantee shall provide the City (andlor its designated representatives) reasonable access to its files, records and personnel during regular business hours for the purpose of making financial audits, evaluations or verifications, program evaluations, or other verifications concerning this Grant, as the City deems necessary. W Docu lgn Envelope Ira: 589513C28-8986878F.8281-25B2E88EIE55 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. 10. LIABILITY AND IDEMNIFICATION: The Grantee shall indemnity and Fold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, reasonable outside attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, which the City or its officers, employees, agents, and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Grantee or 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 reasonable outside attomeys' 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 set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors 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 Statutes, 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 any one person which exceeds the sum of $200.000, or any claim or judgment or potions thereof, which. when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurenoe, exceed the sum of $300,000 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. 11, ASSIGNMENT: The Grantee shall not be permitted to assign this Grant to any other party. Any purported assignment will be void and shall be treated as an event of default. 12. COMPLIANCE WITH LAWS/ GOOD STANDING WITH THE CITY: 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 ff fully set forth herein. Grantee shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any City Code requirement applicable to Grantee or to the Grantee's operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use a Business Tax Receipt(s) that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City of Miami Beach. Grantee shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee agrees to comply with the terms and conditions of any lease, contract. or other grant agreement that Grantee may have separately entered into with the City of Miami Beach ("Other City Contracts"). Any failure by Grantee to comply with any provision of the City Code applicable to Grantee, or any breach or default by the Grantee of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure provision set forth therein), shall. at the option of the City, be considered a Default (as such term Is defined more fully below in Article 11, Section 14 of this Agreement), in which event the City shall be entitled (but in no event Dowsign Envelope ID56958C28-89B6878F-a281-25e2E88E1E55 required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of a Grantee's breach or failure to comply with said obligations. 13. NO WAIVER: No waiverof any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by City at any time shall in any way affect, limit, modify or waive Citys right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 14. WRITTEN NOTICES: Any written notices required under this Agreement will be effective when delivered in person or upon 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. Lissette Garcia Arrogante, Tourism and Culture Director, City of Miami Beach Dept. of Tourism and Culture, 1755 Meridian Avenue, Suite 500, 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 oonditions 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 and signed by both parties. Any change to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 17. FLORIDA PUBLIC RECORDS LAW: (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The is" 'public records' shall have the meaning setforth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of'Contractor" as defined in Section 119.0701(lXa), the Contractor shall: (1) Keep and maintain public records required by the Cdy to perform the service; (2) Upon request from the Citys custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; Docusgn Envelope ID'. (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintaln public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City, (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request. and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of the Agreement. and the City, at its sole discretion, may (1) unilaterally terminate the Agreement: (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.1 . (E) CML ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement including reasonable attorney fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least eight (8) business days before filing the action, the plaintiR provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (txb) 0 it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, orcertified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. Docusign Envelope ID:%95BC2&8966-876F-8281-25B2E88E1E55 (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOiaM1AMIBEACHFL.GOV PHONE: 305-673-7411 18. CITY CONTRACT ADMINISTRATOR: All contract related questions and reports shall be submitted to the City Contract Administrator listed below. Francys Vallecillo, Assistant Director Tourism & Culture Department, City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305.673-7577 ext. 26374 Email: FmncvsVallecillota'2miamibeachfi.00v 19. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: 'This Project is funded in whole or in part by a grant from the City of Miami Beach' Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as I Grantee defaulted under this Agreement. ARTICLE III / MISCELLANEOUS PROVISIONS 20. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, 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 allow the City to seek remedies including, but not limited to, those outlined in this Agreement. 21. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following Special Conditions: (A) Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. (B) The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing and public accommodations. public services and in connection with its membership or policies on Docusign Envelope 10: 5895BC28-896Bb78F-8281-202EBBE1E55 account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, mental and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. (C) The City endorses, and Grantee shall comply with, 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. (D) 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. 22. INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (tltllproposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists. City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with Dmusign Envelope ID'. 5695BC28-8986-876F-8281-25KEBBE1E55 successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this wntract In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated unfil three (3) years after any resulting final termination settlement; and ii_ The Grantee shall make available records relafing to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the perfomhance of this contract. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 23. E-VERIFY: (A) Grantee shall comply with Section 448.095, Florida Statutes, 'Employment Eligibility (-E-Verify Statute-), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Tenn of the Agreement. Additionally, Grantee shall expressly require that any approved sub -contractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. K Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. i. K the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. Docusign Enwla,, ID: 5695BC2&89B6b76F-8281-25B2E88E1E55 ii. If the City has a good fail belief that a subcontractor has knowingly violated the foregoing Subsection 22(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immedletely terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. A contract terminated under the foregoing Subparagraphs (Bgi) or (Bxii) Is not In breach of contract and may not be considered as such. iii. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subperagraphs (BXi) or (B)(1i) no later than 20 calendar days after the date on which the contract was terminated. Irv- If the City terminates the Agreement with Grantee under the foregoing Subparagraph (Bxi), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 22. 24_ 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 teat, and the U.S. District Court, Southern District of Florida, it 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 CPAL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either parry at any time shall in any way affect limit, modify or waive either partes right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 26. 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. 27. CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, 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. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 28. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS 0ocusign Envelope 10: %95BC28-8986-876F-8281-25B2EWE1 E55 BACKGROUND SCREENING REOUIREMENT)ln accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435. and 402, Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to this Agreement, unless the Citys Contract Administrator approves an alternative process. 29. GRANTEE'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS: Grantee agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit 2 and incorporated herein. 30. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT: Grantee warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of ismel. 31. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Grantee warrants and represents that, within two (2) years prior to the Effective Date, Grantee has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not so to the following: A. Any individual or entity that provides goods to a candidate for office. B. Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or intamet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. C. Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 32. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED: Grantee hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may rat accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (Pit), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(aXc) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a Dmusign Envelope to: 5695BC28-89B"76Fd281-25UEWE1E55 controlling interest In the entity; or (c) the entity is organized under the laws of or has its principal Place of business in a foreign country of concern (each a'Prohibited Entity). A foreign country of concern is defined in Section 287.138 (1 xc), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning Jury 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Grantee warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Grantee to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit', incorporated herein by reference and attached hereto as Exhibit 2. 33. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI. BOYCOTT REQUIREMENTS: As required by Section 2-375.2 of the City Code, Grantee has executed the Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements, a copy of which is attached hereto as Exhibit 2 and incorporated herein. 34. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS: As required by Section 2-375.3 of the City Code, Grantee has executed the Certification of Compliance with City Antidiscrimination Requirements, a copy of which is attached hereto as Exhibit 2 and incorporated herein. 35. ADDITIONAL TERMS: a. The Grantee may only use the Grant for the purposes that are specifically described in eligible uses of funding. b. The City may monitor and conduct an evaluation of the Project funded by this Grant. c. The Grantee shelf indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or inequity), claims, liabilities, losses, expenses, or damages, including, but not limited to, attorneys' fees and cost of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, which the City or its officers, employees, agents, and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the activation by the Grantee or its officers, employees, agents, servants. partners, principals or contractors. Grantee shall pay all claims and losses In connection therewith and shall investigate and defend sit 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 understand and agrees that insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors as herein provided. d. The Grantee shall not be permitted to assign this Grant to any other party. Any purported assignment will be void, and shall be treated as an event of default. Doousipn Envelope ID, 5695BC28-89B6-876F.8281-25B2EBBEtE55 e. The Grantee agrees to abide by and be governed by all applicable Federal, State, County. and City laws. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Docusign Envelope ID' EXHIBIT 1: GRANT PROJECT BUDGET In consideration of the Services to be provided, Grantee shall receive a total amount not to exceed $25,000,00. Grantee shall receive its funding in the following two (2) Installments Payment #1- Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00). To be paid upon execution of Agreement. Payment #2- Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00). To be paid upon satisfactory completion of programming activity as outlined In the Agreement and described above. SCOPE OF SERVICES The City has awarded the Grantee Twenty -Five Thousand Dollars ($25.000.00) from the Guys Film Incentive Program, to fund the "Class of 2026 Horror Shorts Program' Short Film Program (the "Program"). The Program shall provide one (1) Miami -Dade based Filmmaker and one (1) out-of-state Filmmaker with $12,500 each to create 10-to-12-minute short Films. Each Film shall include a minimum of three days of filming In the City of Miami Beach. ESTIMATED TIMELINE: Story Approvals: May 15. 2026 Production: May 15, 2026 — June 30, 2026 Postproduction: June 30, 2026 — August 30, 2026 Premiere/Project Completion Date: October 1, 2026 Final Report Deadline/Expenditure Deadline: October 1, 2026 Dacusgn Envelops ID: 5695BC28-8986A76F-8281-25e2E8eE1 E55 EXHIBIT CII AFFIDAVITS AND CERTIFICATIONS This Exhibit includes affidavits and certifications required under applicable Florida law and the Cade of the City of Miami Beach in connection with the execution and administration of this Agreement. To ensure acknowledgment and understanding of each requirement, the Grantee shall initial each section included in this Exhibit. The act of initialing confirms the Grantee's review of, ad agreement to, the statements contained therein. The Grantee shall also sign and notarize the acknowledgment at the and of this Exhibit affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of Grantee: AFFIDAVITSECTION I — ANTI -HUMAN TRAFFICKING LAWS Initials {� In accordance with Section 787.06(13), Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not use Coercion for labor or services as defined m Section 787.06. Flonda Statutes, entitled 'Human Trafficking". In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does net meet any of Cie following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Grantee is owned by a goverment of a foreign country of concem; (b) the gowrinmaC of a foreign country of concern has a controlling interest in Grantee; or (c) Grantee's organized under the laws of or has its prim place of business in a foreign country of concern - In accordance with Section 2-375.2 of the City Code, incorporated herein by reference, the undersigned, on behalf of Gramme, hereby attests that Grantee 04 comply with all relevant antidscnorinetlon laws, including the anti -boycott previsions of Section 2-375.1 of the City Code, and affirms that Grantee will not engage in a boycott of Israel, anCse r itic discrimination or antsemitic speech in conjunction with Project. In accordance with Section 2375.3 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply with all relevant antidiscrimination laws, and affirms Cat Grantee wit not engage in dscirmination based upon any Classification category as set forth in Section 6231 of the City Code in conjunction with the Project (SIGNATURE PAGE FOLLOWS] Dmudgn Envelope ID: SIGNATURE ANO NOTARIZATION BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHIBIT, I understand that I am swearing or affirming under oath, under penalties of perjury, to the frutMulness of the dams made in this Exhibit and that the punishment for knowingly making a false Statement may include lines and/or imprisonment. The undersigned is aut of to execute this affidavit on behalf of Gee'. GRANTEE: Fa ri Publishi , L eorgia limited liability company. 218 i 11bbr lade U' M1A IT. �nA 3o3gs S n u rated Re �ppresentative —� (Address) Name/Tide:. N�� nau 6W State of County of The foregoing instrument was aclgtgvledged before me by meat of o physical presence or ❑ gAnfine rotor zaton, this ``1 day of ¢� 202le by i'\�' IrY.a,1 MC1110) as _ a -Ow n¢r of Fangona Publishing, LLC, a Georgia limited fiabirdy com�p�gaany, known to me to be the person described herein, or who produced 6r 1a klyin redeme, as Identification, and who did/did not take an oath. AR�IC: (Print Name) My commission expires: 31' �) � `7 0ocusign Envelope 10 5695BC28-89B6-876F-8281-25B2EBBEtE55 RESOLUTION NO, 2025.33954 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2026 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT "A." WHEREAS, the budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year (FY) 2026 were adopted by the Mayor and City Commission on September 30, 2025, through Resolution No. 2025-33945; and WHEREAS, based on the preliminary FY 2025 year-end surplus of $28.0 million in the General Fund, there are approximately $1.9 million of encumbrances in the General Fund for FY 2025 goods and/or services that were procured, but not received, that are recommended by the Administration to be carried forward and appropriated in the respective FY 2026 General Fund operating budgets; and WHEREAS, similarly, it is recommended that appropriations of approximately $8.1 million in the General Fund be carried forward and appropriated in the respective FY 2026 General Fund operating budgets for projects that were originally budgeted in FY 2025 that have not been completed and are still ongoing; and WHEREAS, there are $13,000 of encumbrances in the FY 2025 Resort Tax budget for goods and/or services that were procured, but not received, that the Administration recommends be carried forward and appropriated in the FY 2026 Resort Tax operating budget; and WHEREAS, it is recommended that appropriations of $1.2 million in the FY 2025 Resort Tax budget be carried forward and appropriated in the FY 2026 Resort Tax budget for projects that were budgeted in FY 2025 that have not been completed and are still ongoing; and WHEREAS, there are approximately $2.4 million of encumbrances in the Enterprise Funds, $0.8 million of Internal Services Funds encumbrances, and $3.1 million of Special Revenue Funds encumbrances (not including Resort Tax) for FY 2025 goods and/or services that were procured, but not received, that the Administration recommends be carried forward and appropriated in the respective FY 2026 operating budgets; and WHEREAS, there are also approximately $8.1 million of appropriations in the Enterprise Funds, $1.6 million in the Internal Services Funds, and $5.0 million in the Special Revenue Funds (not including Resort Tax) for projects that were budgeted in FY 2025 that have not yet been expended and/or encumbered that the Administration recommends be carried forward and appropriated in the respective FY 2026 operating budgets; and WHEREAS, it is recommended that $798,000 of fund balance that is available for appropriation in the Information 8 Technology Tech Special Revenue Fund be appropriated in order to effectively respond to the dynamic technology needs of the City; and WHEREAS, it is also recommended that $403,000 be appropriated in the Sanitation Enterprise Fund for additional costs associated with the agreement with Waste Connections of Florida, Inc. (Waste Connections) for the collection and disposal of residential solid waste, yard debris, and bulk waste, as well as the operation of the City's green waste facility that will be offset D usign En elape ID: 56958C26-8986-876F-U81-25B2E88E1 E55 by adjustments in the residential solid waste fees pursuant to Resolution No. 2025-33795 that was adopted by the Mayor and City Commission on June 25, 2025. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, following a duly noticed public hearing on November 20, 2025, the Mayor and City Commission hereby adopt the First Amendment to the FY 2026 General Fund, Enterprise Funds, Internal Services Funds, and Special Revenue Funds budgets as set forth in tNs Resolution and in the attached Exhibit "A." PASSED and ADOPTED this JO day of 14-lemF!✓ .2025. ATTEST: 74 NOV 2 1 2025 Rafael E. Granado, City Clerk St en einer, Mayor t�1,d eEy. j IX OR OAAIfO 9 r`N 2n.�c APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION -(0 u3zz<�--s- OtyAttpma/ Date O usign Envelope 10: Exhibit"A" GenFMlFuxo Pry PWMOP.Wtl 6ambnus Grrylawrd A,sesse w" Career fl� Addressed tneS.r, AreaNal godw hemfl3Ws harnfl>m RMfeu[s CaParNA Nearwo Ad Valorem Taxes $ wNILSW S ]8P.3815W Ptl Valorem Cilnl Rend.g&xx,I. $ 4654W] $ AiMM AOVMvem-11a5-Y0urCal S S.MM $ ;NLtlD OreerTYPS $ ID,WIM $ M947M L.nsesantl Perm.. $ E6,A4M $ $4Al [ereovernmemal $ 1113),000 $ 13.mM <nsges Porsenlres S IT,YOM 5 17990 W) F-S&Fomeits $ ZNSM 5 LH6010 Interest Earrings $ &1aR.000 $ 4HX= Perrb®luaus 5 9.3MW] 5 9,X%M Mtc.1drecus $ K&I'l ] 5 'Awl Re.HT..nlnsueon $ aL2QW0 S 01E47,0D Cartier Non-nperiong Revenue $ 15,WM S 1S,CUM do. of General Fund Pise,sexllinaveN wrplus $ 19KM $ iii $ &05,. $ awl Teel GaMraIFuM SW $ CAO fl L1E Orrylmva�d GrrYlawC "I'd EamCrYY4 dWrWrlagbs late bAhd OrMr am.rwgreg.r homRNE Imm A]O15 ad""Ca"1ATlGee$ degarturvers, Mryor"Commisoor $ AM= 5 0.]8= Ciry Adoi $ 7.9BM $ am 5 LIW,ao9 5 9.W M Gry Clen $ 47,4M $ U."', $ 301aw $ 1WLWe C.W.,er $ M.SW 5 1193,SW Nnal¢ $ 4S64W0 $ Kim S 9111W $ A030M mm PesaumS $ 1`539M S KIM $ 16ESA00 Nialonngand Communinrours 5 2kMom 5 IMM 01fitta11MegemeMandgul,al $ 19AM $ 19MCm PmNremeM S 3Ale,M S Ask. S Wow S iagF.LLO Code Complb¢e $ TAIL= $ 7571M Emnomie Gevelopraw. 5 44"M s ssag9p 5 1.,= xousing6 Conrl 5lMas $ CM.Wo $ MWO 5 4313M Planning $ 4G39.IN3 5 18S.Tao 5 411" $ 4274M Toudamend CWwre 5 a3n.000 5 AM 5 a.1EAW Ground Improvement PMeW $ 44a1W0 S am $ 4a61Cro Fnvirpnmenuwewinal $ 123gM S w"I'm $ 5M S ZRAM faceeesrAmagemene $ S.ML000 $ %WLM Pwawueatlon $ 5LMIM 5 151w0 5 6S6.0W $ Ntm= Pubsn Works $ 14>'23 KO S 3571310 $ M'w 5 19,3gl Fire $ W.5141V0 $ 31115W 5 12Km0 S M099.Wo Pons, S 16 M" S aa.3m S 2W.mo S 56.MM Citywide AtmuMs S AIHttO $ 2S3RW 5 Lod iW 5 123A= wwel Garrere Fune AQIl $ Ladages, S . I esia,dagg. R Coal pewrve 5 9l&Om $ Infour InlgmalionGoCialION TP(II S 3U.UO. $ All 3WM Pry-AaYou-WfFoixe $ 1LMM $ S123 General Funtl Peune $ 1a2 $ w 1Law pudget5W01peaalon S W $ Capihlnn $ TUM 5 Mw InHA®RlplacemeM $ 19 %%l LIGLM 1M W and Sna..'s sonnets$IdPwilk penewal&PeplMmlM $ 36Q� M $ 5 1—tallantl $ ]XyMot®r LUM 7ransplon Taoapodaeen exaeNry $ 139dgg 5 $ MOM 193M3 wemaalrmshn TOM1I General Fund! mp11 Docusign Envelope IDS 5695BC2&89B&876F8281-25B2E88E1E55 Exhibit "A" FY. %II96 EXTWRISEFIINUS AFpgAetlp6 OIMr 6LPPIeC SWpt YneMeb gydHat FmmgI08 INm FY$ IF FRPRMl10N5 Wien, BuilOnS $ 5 a6m 5 3185 Conremion<enter 5 K,St&o00 $ *mM $ R4wow 3r.m 5 LTN,m $ m PaklnH S $ N0.HO 5 7ammt. 012xm 58.336.m n s n,3B6,m $ VNISm .2,VD 5 B9Lm 5 e03,m $ 5 Water wNer $ a&m,m 5 $ ;IUM SLeHM.I. $ 5IMM Sewer $ NpORM4NOQD $ Mwo $ Lll],m $ Amm Stov,W n 5 aLerpm $ i55.m Mm $ $ a3.mm TaN uamda FUMs S $ H.SFN9Oi $ 4 3Oi OR&M OLM INTEVN XRVICEFVN03 ry1� tseFrawM EnplllMny Canyeal..aa 6PgepiFtleM o1Mr FYmg 66oBa66VEPt 6meMeCltllet hwn RH3H 1mmiV AE SVENUVWlHPNAn0NS Cemnl Services $ LLY9,m $ ID,m 5 LS69.m Ilea management 5 40a. 5 n3,x00 5 365,m 5 v,7Am rotor—l-Teanol., 5 am,,000 5 WOO S %Lm s am= Neeicel&rcma lnsuana 5 VIM— 5 lam $ 57,:59,m OMaorinz de oeneM $ ;l67.m $ Upm $ ZeRm Faulrties M1l Wment 5 amm 5 Iazo $ mm $ amOX RiFE hbnyement 5 30,Asm $ mm S mm $ 3435Am Tml lntemalSam— Fuma S YIIAMm S m,m $ iWSH $ 5 seR630.0m oe M. iE cwly wb zP 0.,e,VeeueluNM ErNmaaatl 6IgM1'pINpN Oily .WOPtlE BVMt .MnMe6BWet SroRfli S "WIS HVFNIIF/APP0%.pe5 FAUUion lnitiaivea $ Z.7,,m $ MW $ IBS,I00 Resort T. 5 IIL6:Lm 5 LLm $ Lm. 5 'a... 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RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the attached Resolution. BACKGROUND/HISTORY The budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year (FY) 2026 were adopted by the Mayor and City Commission on September 30, 2025, through Resolution No. 2025-33W. ANALYSIS GENERAL FUND AMENDMENT Based on the preliminary FY 2025 year-end surplus of approximately $28.0 million in the General Fund, there are approximately $1.9 million of encumbrances in the General Fund for FY 2025 goods and/or services that were procured, but not received, that the Administration recommends be carried forward and appropriated in the respective FY 2026 General Fund operating budgets. It is also recommended that FY 2025 appropriations of approximately $8.1 million in the General Fund be carried forward and appropriated in the respective FY 2026 General Fund operating budgets for projects that were budgeted in FY 2025 that have not been completed and are still ongoing. For additional details regarding the preliminary FY 2025 year-end surplus, refer to the accompanying agenda item "Adopt the Ninth Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for FY 2025." RESORT TAX AMENDMENT Based on the preliminary FY 2025 year-end Resort Tax surplus of approximately $1.2 million, there are $13,000 of encumbrances for goods and/or services that were procured, but not received, that the Administration is recommending be carried forward and appropriated in the FY 2026 Resort Tax operating budget. 29 of 103 D=sgn Envelope ID:%95BC28-89B"76F4i281-25B2E88E1E55 Similarly, the Administration recommends that appropriations totaling approximately $1.2 million in the FY 2025 Resort Tax budget be carried forward and appropriated in the FY 2026 Resort Tax operating budget for projects that were budgeted in FY 2025 that have not been completed and are still ongoing. FY 2025 to FY 2026 Carryforwards There are approximately $2.4 million of encumbrances in the Enterprise Funds, $0.8 million of Internal Services Funds encumbrances, and $3.1 million of Special Revenue Funds encumbrances (not including Resort Tax) for FY 2025 goods and/or services that were procured, but not received, that the Administration recommends be carried forward and appropriated in the respective FY 2026 operating budgets. It is also recommended that appropriations of approximately $8.1 million in the Enterprise Funds, $1.6 million in the Internal Services Funds, and $5.0 million in the Special Revenue Funds (not including Resort Tax) be carried forward and appropriated in the respective FY 2026 operating budgets for projects that were budgeted in FY 2025 that have not been completed and are still ongoing. Information & Technology Tech Fund The purpose of this Special Revenue Fund is to ensure that the City has dedicated funding to support the implementation of new and enhanced information technology solutions. As the City continues to modernize its operations and improve service delivery, the need for flexible and responsive funding to support technology initiatives has become increasingly important. This proposed budget amendment recommends the appropriation of $798,000 of fund balance that is available for appropriation in the Information 8 Technology Tech Fund to support the ongoing work of the City's Information Technology (IT) Steering Committee. This Committee plays a critical role in guiding the City's technology strategy by evaluating, prioritizing, and approving IT -related initiatives that align with organizational goals and community needs. This appropriation will allow the IT Steering Committee to respond to emerging technology opportunities during the fiscal year in a timely, strategic, and coordinated manner. This includes investments in systems that improve internal efficiency, enhance cybersecurity, support data - driven decision -making, and improve the digital experience for residents, businesses, and visitors. Sanitation Solid Waste Services Agreement On June 25, 2026, the Mayor and City Commission adopted Resolution No. 2025-33795, authorizing the City Administration to execute a services agreement with Waste Connections of Florida, Inc. for the collection and disposal of residential solid waste, yard debris, and bulk waste, as well as the operation of the City's green waste facility. The agreement includes an initial term of ten years, commencing January 1, 2026. Under the terms of the new agreement, the City will pay Waste Connections a monthly per -unit fee of $42.03. With approximately 6,821 residential units, including 5,676 single-family homes and 1,145 multi -family properties with two to eight units, this results in an annualized cost of $3.4 million, which exceeds the amount that was originally budgeted for FY 2026 of approximately $2.9 million. 30 of 103 Doaisign EmreloW ID: %9913C2 9e6876F-8281-25B2ENEtE55 To meet the City's contractual obligations and ensure uninterrupted residential collection and disposal services, thisproposed budget amendment is to appropriate $403,000 (pro -rated for nine months) in the FY 2026 Sanitation operating budget. These additional costs, effective January 1, 2026, will be offset by corresponding adjustments in residential solid waste fees, which are also scheduled to take effect as of the same date. FISCAL IMPACT STATEMENT See information provided above Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www miamibeachFl goy/city-hall/citvclerk/meeting notices/ FINANCIAL INFORMATION See information provided above CONCLUSION The Administration recommends that the Mayor and City Commission adopt the First Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets for FY 2026 providing for the funding of encumbrances for goods and/or services that were procured, but not yet received and/or expended as of the end of FY 2025, projects that were budgeted in FY 2025, but not expended or encumbered as of the end of FY 2025, as well as other appropriations noted above and further detailed in the attached Exhibit "A." EC/JDG/TOS/RA Applicable Area Citywide Is this a "Residents Right to Know" item Is this item related to a G.O.Bond Pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which as defined Code Sec 2-481 includes a onnaoal engaged In IObbylng? No If so, specify the name of lobbyist(s) and principal(s): Department Management and Budget SPonsor(s) 31 of 103 Dwusgn Envelope Co•sponsorlsl Condensed Title 5:03 p.m. PH, Adopt 1st Amendment to FY 2026 Operating Budget. OMB Previous Action (for City Clerk Use Only) 32 of 103 Dmusi8n EnvNa ID5695BC2&89B&876F-8281-25B2E88E1 E55 P6verv6s ope x.66ere•w. .e w al s Pml. 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SSS.DS3.mJ 34 of 103 Docusign Envelope ID: 5695BC28-89B6­876F-8281-25B2E88E1E55 MIAMIBEACH Grant Agreement - Fangoria Publishing- Class of 2026 Ho rc r Shorts Program Fangoria Publishing, LLC Tourism and Culture Lissette Garcia Amgan[e Maria Hernandez Type 1-Contract, amendment, change order, or task order resulting from a procurementissuedcompetitive salutation. Type 2 -Any other contract, amendment, change order, or task order that does not result from a procurement -blued mmpttiti re solidtafion. Type 3- Independent Connector Agreement ICAI Type 6 � Tenant Agreement Type 4- Grant agreements was the Chy as the rxlplent Type)- Interyovemmentalagawygreement x Type 5-Grant agreements with the City as the grantor Type 9-other: The City Is providing $25,000 grant to support the "Class of 2026 Horror Shorts Program," which will fund two filmmakers —one from Miami -Dade and one from out of state —to create 30-12 minute films shot in Miami Beach. Each filmmaker will receive roughly half of the total funding, with Flexibility to adjust based on project needs. The completed films will be submitted to major genre festivals and showcased at public premiere events in Miami Beach. Estimated Timeline Story Approvals: May 15, 2026 - Production: May 15, 2026-June 30, 2026 Postproduction: Jura 30, 2026-August 30, 2026 Premiere/Project Completion Date: October 1, 2026 Final Report Deadline/Expenditure Deadline: October 1, 2026. The gram Is funded In the 2026 TO Genedil Fund budge[ under the Film Incentive Program. This funding was carried forward from the FY 2025 budget into the FY 2026 budge via the let Operating Budget Amendment Resolution 2025-33954. Grand Funded: Yes No State Federal Other: Cost & Funding Sodl� 1 $25,000 011-0380-000349-25-006-548-00-00-00- as x N0 2 Yes No 3 Yes No 4 Yes No 1. Forcantrotts longer Nan five years, contact the Procurement Department. 2, Attach any supporting explanation needed. 3. Budget approval indicates approval fee the current ibcal year mly. Furore years arc subject to dry Commission approval of the annual adopted operating budget. City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: I I 2025-33954 Ry C 11/20/2025 If no, explain why CC approval is not required: Legal Form Approved: I x 1 Yes No If no, explain below why form approval Is not necessary: Procurement: N/A Grants: N/A 9�Te Doousign Envelope ID: 5 13(12"M-816F- 81-25192EME1E55 Budget Inkrmetion Technol ogy N/A 1 ,g' TAA1l,�A BMfB Sh.wA�t 9]63 MBIOEHM9.. N/A Risk Management Fleet &Facilities: N/A Re Human swrces: N/A Other: N/A =f-