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Resolution 2021-31852RESOLUTION NO. 2021-31852 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE CULTURAL ARTS COUNCIL, AT ITS JULY 1, 2021 MEETING, AND APPROVING THE GRANT FUNDING RECOMMENDATIONS FOR THE "FY 2021 FUNDING RELIEF TO CULTURAL ORGANIZATIONS IN MIAMI BEACH PROGRAM", IN THE AMOUNT OF $930,000 TO PROVIDE FINANCIAL ASSISTANCE TO MIAMI BEACH -BASED CULTURAL ORGANIZATIONS EXPERIENCING REVENUE LOSSES DUE TO THE COVID-19 CRISIS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS RELATED TO THE APPROVED FUNDS. WHEREAS, the Miami Beach Cultural Arts Grant Program, created in 1998, is 'an essential component of the mission of the Miami Beach Cultural Arts Council ("CAC') and is charged to develop, coordinate, and promote arts and culture in Miami Beach community; and WHEREAS, in 2001, the City set aside 1 % of the Resort Tax for a Cultural Arts Reserve Fund and the Quality of Life Fund; and WHEREAS, currently, the 1 % Resort Tax set aside is distributed as follows: 10% to CAC, 30% to Quality of Life, and 60% to Transportation/Trolley operation; and WHEREAS, the Resort Tax funding for cultural arts grants and programs is divided into two restricted funds, the Cultural Arts Council Fund Balance and the Cultural Arts Council Endowment, both managed by the CAC; and WHEREAS, the CAC reviews and makes grant award recommendations for Commission approval; and WHEREAS, on September 10, 2014, the Mayor and City Commission, based on the recommendation of the CAC, adopted Resolution No. 2014-28732, which established a Cultural Arts Council Fund Balance ("Fund Balance"), in the amount of $2,467,000, which is capped and provides for an annual increase for inflation; and WHEREAS, the purpose of the Fund Balance is to set aside funds that !will ensure the Cultural Affairs Program operation and grants continue for a period of two, (2) years, in the event of an emergency, unforeseen difficulties, trouble, or need; and WHEREAS, all funds remaining in the Fund Balance at the end of each fiscal year are rolled over to the following fiscal year; and WHEREAS, the Cultural Arts Council Endowment ("Endowment") was recommended by the CAC and created by the City Commission in 1998 in an attempt to make cultural arts programming and operation self-sufficient by using the fund; and WHEREAS, the Endowment is capped at $1,581,873, and is to be used for the purpose of enhancing Miami Beach art institutions, collections and operations; and WHEREAS, due to the novel COVID-19 pandemic, Miami Beach arts organizations are facing unprecedented revenue losses; and WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution 2020-31268, accepting the recommendations of the Finance and Econonl is Resiliency Committee (FERC), at its April 17 and April 24, 2020 meetings, approving the use of prior year accumulated CAC Fund Balance and endowment funds to establish a "Cultural Arts Emergency Fund" in the amount of $1.0 million to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to the COVID-19 crisis: and WHEREAS, as part of the FY 2021 budget adopted through Resolution 2020- 31428, an additional $1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance was proposed to be appropriated mid -year of FY 2021; and WHEREAS, at the April 30, 2021 Finance and Economic Resiliency Committee (FERC) meeting, it was recommended that the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget be allocated to provide funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated CAC Fund Balance: and WHEREAS, on June 23, 2021, the Mayor and City Commission approved Resolution No. 2021-31745 to appropriate the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through Resolution No. 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated Cultural Arts Council Fund Balance and Endowment fund; and WHEREAS, on July 1, 2021 the Cultural Arts Council made a motion to recommend eligible FY 2021 Cultural Anchors receive funding based on the following guidelines: $60,000 for Anchors with annual organizational budgets below $750,000 $65,000 for Anchors with annual organizational budgets between $750,000 and 3.5M $70,000 for Anchors with annual organizational budgets at or above $3.5M The names of the fourteen (14) qualifying FY 2021 Cultural Anchors and recommended funding amounts, based on organizational budgets, are noted as follows: Miami Beach Cultural Anchors FY 20/21 $1 M FIU- Miami Beach Urban Studios $65,000 FIU- Wolfsonian $70,000 FIU-Jewish Museum of Florida $65,000 Friends of the Bass Museum, Inc. $70,000 Miami Beach Garden Conservancy $60,000 Miami City Ballet $70,000 Miami Design Preservation League $65,000 Miami New Drama $65,000 New World Symphony $70,000 O'Cinema (Living Arts Trust) $65,000 Oolite Arts $70,000 The Holocaust Memorial Committee $65,000 The Rhythm Foundation $65,000 University of Wynwood (O, Miami) $65,000 Total Allocated Funding $930,000 WHEREAS, the Cultural Arts Emergency Fund was established at $1,000,000, and grant funding, in the amount of $930,000 is proposed to be awarded as set forth in this Resolution; and WHEREAS, the City Manager recommends accepting the recommendation' of the CAC with respect to the award of the grant funds. i NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Cultural Arts Council, at its July 1, 2021 meeting, and approve the grant funding recommendations for the "FY 2021 Funding Relief to Cultural Organizations in Miami Beach Program", in the amount' of $930,000, to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to the COVID-19 crisis; and further authorize the City Manager to execute all grant agreements related to the approved funds. PASSED and ADOPTED this /7 day of S'QI°�Pin6Pr 2021. ATTEST: 7/2� SEP 2 2 2021 Rafael E. Granado, City Clerk INCORP ORATED t i APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r City Attorney Date MIAMI BEACH Resolutions - C7 V COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 17, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE CULTURAL ARTS COUNCIL, AT ITS JULY 1, 2021 MEETING, AND APPROVING THE GRANT FUNDING RECOMMENDATIONS FOR THE "FY 2021 FUNDING RELIEF TO CULTURAL ORGANIZATIONS IN MIAMI BEACH PROGRAM," IN THE AMOUNT OF $930,000 TO PROVIDE FINANCIAL ASSISTANCE TO MIAMI BEACH -BASED CULTURAL ORGANIZATIONS EXPERIENCING REVENUE LOSSES DUE TO THE COVID-19 CRISIS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS RELATED TO THE APPROVED FUNDS. RECOMMENDATION The Administration supports the funding recommendations of the Cultural Arts Council (CAC) in a one-time amount of $930,000 in FY 2021. The utilization of these funds will maintain the strong cultural foundation and reputation the City has developed, by attracting quality art and culture programming, cultivating educated, experienced and talented artistic and cultural thought leadership, and demonstrating to the greater community the importance of art in the Miami Beach. This is the true purpose and mission of the CAC, to support and sustain the meaningful and committed efforts of the City and our cultural institutions to continue to embed, develop and democratize arts and build bridges between generations and cultures. BACKGROUND/HISTORY The Miami Beach Cultural Arts Grant Program ("Grant Program"), originally created in 1998 as an essential component of the mission of the Miami Beach Cultural Arts Council, charged to develop, coordinate, and promote the arts and culture in the City of Miami Beach community. Since the Grant Program inception, the Mayor, Commission and Cultural Arts Council ("CAC') have awarded approximately $18 million in cultural arts grants, supporting thousands of performances, exhibits, and other cultural activities in Miami Beach. The Grant Program is managed by Tourism and Culture Department. In 2001, the City set aside 1 % of the Resort Tax for a cultural arts reserve fund and those funds support only cultural affairs grants and programs and the Quality of Life Fund for North Beach, Page 761 of 1657 Mid -Beach and South Beach programming. Currently the 1 % Resort Tax set aside is distributed as follows: 10% to CAC, 30% to Quality of Life and 60% to Transportation/Trolley operation. The funding to cultural arts grants and programs is divided into two (2) restricted funds, that are managed by appointed members of the Cultural Arts Council, which reviews and makes recommendations for Commission approval. The two (2) funds, essential to the operations, quality and growth of Miami Beach cultural arts programming are as follows: Cultural Arts Council Fund Balance In 2014, the Cultural Arts Council recommended, to the City Commission, to create a Cultural Arts Council Fund Balance ("Fund Balance") capped at the amount of $2,467,000, (providing for an annual increase for inflation). This recommendation was approved on September 10, 2014 by Resolution No. 2015-29045. The original City Commission (Resolution No. 2014- 28732) referencing the fund balance, contained a scriber error in the fund amount referenced and was replaced by Resolution No. 2015-29045. The purpose of the Fund Balance is to set aside rainy day funds that will ensure the Cultural Affairs program operation and grants continue for a period of two (2) years, in the event of an emergency, unforeseen difficulty, trouble or need. All funds remaining, at the end of each fiscal year, are rolled over to the following fiscal year. Cultural Arts Council Endowment The Cultural Arts Council Endowment ("Endowment") was established by the CAC in an optimistic attempt to become self-sufficient. The Endowment is capped at $1,581,873, and is to be saved, spent, invested and distributed for the purpose of enhancing Miami Beach's art institutions, collections and operations. ANALYSIS On May 13, 2020, the Mayor and City Commission adopted Resolution 2020-31268 accepting the recommendations of the Finance and Economic Resiliency Committee (FERC), at its April 17 and April 24, 2020 meetings, approving the use of prior year accumulated Cultural Arts Council (CAC) fund balance and endowment funds to establish a "Cultural Arts Emergency Fund" in the amount of $1.0 million to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to the COVI D-19 crisis. As part of the FY 2021 budget adopted through Resolution 2020-31428, an additional $1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance was proposed to be appropriated mid -year of FY 2021. At the April 30, 2021 Finance and Economic Resiliency Committee (FERC) meeting, it was recommended that the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget be allocated to provide funding relief to cultural organizations in the City of Miami Beach impacted by COVI D-19 from prior year accumulated CAC fund balance. On June 23, 2021, the Mayor and City Commission approved Resolution No. 2021 -31745 to appropriate the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through Resolution No. 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach Page 762 of 1657 impacted by COVID-19 from prior year accumulated Cultural Arts Council fund balance and' endowment fund. i The current balance of the fund is noted as follows: Item Amount CAC Fund Balance $2,653,448 CAC Endowment $1,626,920 FY 2020 CAC 1 % Resort Tax for Quality of Life ($1,540,000) COVID-19 Relief Fund for Cultural Organizations ($1,000,000) Current Total $1,740,368 FY 2021 Amount to Fully Fund CAC Budget ($92,000) Additional COVI D-19 Relief Funding for Cultural ($1,000,000) Organizations $65,000 Updated Total $648,368 On July 1, 2021 the Cultural Arts Council made a motion to recommend eligible FY 20211 Cultural Anchors receive funding based on the following guidelines: $60,000 for Anchors with annual organizational budgets below $750,000 $65,000 for Anchors with annual organizational budgets between $750,000 and 3.5M $70,000 for Anchors with annual organizational budgets at or above $3.5M The fourteen (14) qualifying FY 2021 Cultural Anchors and recommended funding amounts based on organizational budgets, are noted as follows: Miami Beach Cultural Anchors FY 20121 $1 M FIU- Miami Beach Urban Studios $65,000 F I U- Wolfsonian $70,000 FIU-Jewish Museum of Florida $65,000 Friends of the Bass Museum, Inc. $70,000 Miami Beach Garden Conservancy $60,000 Miami City Ballet $70,000 Miami Design Preservation League $65,000 Miami New Drama $65,000 New World Symphony $70,000 O'Cinema (Living Arts Trust) $65,000 Oolite Arts $70,000 The Holocaust Memorial Committee $65,000 The Rhythm Foundation $65,000 University of Wynwood (O, Miami) $65,000 Total Allocated Funding $930,000 SUPPORTING SURVEY DATA n/a FINANCIAL INFORMATION Page 763 of 1657 Funding for the "FY 2021 Funding Relief to Cultural Organizations in Miami Beach" was approved as part of the FY 2021 budget adopted through Resolutions No. 2020-31428 and No.2021-31745. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Tourism and Culture ATTACHMENTS: Description ❑ Exhibit A - Resolution No 2021-31745 ❑ Exhibit B - LTC 313-2021 ❑ Resolution Page 764 of 1657 RESOLUTION NO. 2021-31745 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT "A." WHEREAS, the budgets for the General Fund, Enterprise Funds, Internal Service Funds, I and Special Revenue Funds for Fiscal Year (FY) 2021 were adopted by the Mayor and City Commission on September 29, 2020, through Resolution No. 2020-31428; and WHEREAS, the First Amendment to the General Fund, Enterprise Funds, Internal Service' Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City! Commission on November 18, 2020, through Resolution No. 2020-31497; and WHEREAS, the Second Amendment to the General Fund, Enterprise Funds, Internal! Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on March 17, 2021, through Resolution No. 2021-31646; and WHEREAS, the Third Amendment to the General Fund, Enterprise Funds, Interna[; Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on April 21, 2021, through Resolution No. 2021-31689; and WHEREAS, Section 166.241(4)(c), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as its original budget; and WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No 2020-31268 accepting the recommendations of the Finance and Economic Resiliency Committee (FERC), at its April 17 and April 24, 2020 meetings, approving the use of prior year accumulated Cultural Arts Council (CAC) fund balance and endowment funds to establish a "Cultural Arts Emergency Fund" in the amount of $1.0 million to provide financial assistance to Miami Beach based cultural organizations experiencing revenue losses due to the COVID-19 crisis; and WHEREAS, as part of the FY 2021 budget adopted through Resolution No. 2020-31428, an additional $1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19� of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance proposed to be appropriated mid -year of FY 2021; and i WHEREAS, at the April 30, 2021 FERC meeting, the City Administration provided an update on the status of the CARES Act funds received by the City, as well as an update on the status of the funding previously allocated to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to COVID-19; and Page 765 of 1657 WHEREAS, based on discussion at the April 30, 2021 FERC meeting, the FERC recommended that, among other things and in addition to the previous funding allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, up to an additional $1.0 million be allocated to expand cultural activation and programming in the City; and WHEREAS, this proposed amendment appropriates the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through No. Resolution 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated CAC fund balance and endowment funds, as well as an additional $1.0 million of General Fund reserves (CARES Act Funds) to be used to expand cultural activation and programming as recommended by the Finance and Economic Resiliency! Committee (FERC) at its April 30, 2021 meeting; and WHEREAS, on July 9, 2019, the City declared Clark Construction Group, LLC ("'Clark") in default of its contractual obligations related to the construction of the MBCC project and, subsequently, on January 31, 2020, Clark filed a lawsuit against the City and Hill International Inc.; ("Hill"), the City's owner's representative for the MBCC project; and WHEREAS, on February 20, 2020, the City filed its Answer, Counterclaim, and Third - Party Complaint and intends on defending the lawsuit and asserting its affirmative claims against Clark for work that has yet to be completed and multiple and continuing breaches of contract than have caused the City to sustain considerable damages; and WHEREAS, at the April 21, 2021 City Commission meeting, the City Administration presented the 3"d Amendment to the FY 2021 Operating Budget which recommended the appropriation of $4.0 million of Convention Center Renewal and Replacement (CRR) funds to bei transferred to the Convention Center Operating Fund for legal fees associated with the City vigorously defending itself against the lawsuit and asserting its affirmative claims against Clark and its sureties; and WHEREAS, after extensive discussion and concerns expressed, the Mayor and City Commission approved, as amended, the appropriation of $2.0 million (reduced from $4.0 million) of Convention Center Renewal and Replacement (CRR) funds to be transferred to the Conventiori Center Operating Fund, through Resolution No. 2021-31689, to allow for the City Attorney's Office to cover the legal fees related to the lawsuit through June 2021 and schedule one-on-one meetings with the Mayor and City Commission to provide more detailed information regarding the lawsuit before funding the balance necessary for litigation expenditures if the matter is not successfully resolved and the case proceeds to a trial in August, 2021; and WHEREAS, this proposed amendment appropriates the remaining $2.0 million to be transferred from the Convention Center CRR Fund to the Convention Center Operating Fund, of the original $4.0 million recommended by the City Administration on April 21, 2021, to cover litigation expenditures if the matter is not successfully resolved and the case proceeds to a trial, currently scheduled to commence in August, 2021. I 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 June 23, 2021, the Mayor and City Commission hereby adopt the Fourth Amendment to the FY 2021 General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Funds budgets as set forth in this Resolution and in the attached Exhibit "A." Page 766 of 1657 i PASSED and ADOPTED this o23 day of 11une , 2021 ATTEST: V/ Co L7, WLI: Rafael t. Granado, Ci Clerk Dan Gelber, Mayor Page 767 of 1657 APPROVED AS TO j FORM & LANGUAGE & FOR EXECUTION ..Y. . Il W"a" �.Z D f GENERAL RJND REVENUES Operating Revenues Ad Valorem Taxes Ad Valorem - Capital Renewal & Replacement Ad Valorem -Pay-As-You-Go Capital Ad Valorem - Normandy Shores Other Taxes Licenses and Permits Intergovernmental Charges for Services Anes and Forfeits Interest Earnings Rents and Leases Miscellaneous Resort Tax Contribution Other Non -Operating Revenue Total General Fund Exhibit "A" FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget $ 193;218,000 $ 193,218,000 $ 807,000 S 807,000 $ 2,592,000 $ 2,592,000 $ 18,000 $ 18,000 S 24,083,000 $ 24,083,000 $ 13,925,000 $ 13,925,000 $ 11,254,000 $ 11,254,000 $ 13,061,000 $ 13,061,000 S 1,069,000 S 1,069,00D $ 2,769,000 $ 2,759,000 $ 5,954,000 $ 5,954,000 $ 15,125,000 $ 15,125,000 $ 18,639,000 $ 18,639,000 $ 36,705,000 1,000000 5 37,705,000 $ 339,219,000 $ 1,000,000 $ 340,219,000 TRANSFERS FY 2021 4th Budget FY 2021 Normandy Shores $ Amended Budget Amendment Revised Budget APPROPRIATIONS $ 43,000 $ 43,000 Department $ 300,000 S 300,000 Mayor and Commission $ 2,517,000 $ $ 2,517,000 City Manager $ 4,798,000 S S 4,798,000 Marketing and Communications S 2,221,000 0 S $ 2,221,000 Office of Management and Budget $ 1,466,000 1,000,000 S $ 1,466,000 Org, Dev Performance Initiatives $ 1,119,000 $ 1,119,000 Finance $ 613581000 $ 61358,000 Procurement $ 2,705,000 $ 2,705,000 Human Resources/Labor Relations $ 2,794,000 $ 2,794,000 City Clerk $ 1,844,000 $ 1,844,000 City Attorney $ 6,150,000 $ 6,150,000 Housing & Community Services $ 3,887,000 $ 3,887,000 Planning $ 6,095,000 $ 61095,000 Environment & Sustainability $ 1,248,000 $ 1,248,000 Tourism and Culture $ 3,242,000 $ 3,242,000 Economic Development S 1,372,000 $ 1,372,000 Code Compliance $ 6,477,000 $ 6,477,000 Parks & Recreation (Incl. Golf Courses) $ 34,283,000 $ . 34,283,000 Property Management $ 2,054,000 S 2,054,000 Public Works $ 13,577,000 S 13,S77,0DO Capital Improvement Projects $ 5551,000 $ 5,551,000 Police $ 119,514,000 $ 119,514,000 Fire $ 91,890,000 S 91,890,000 Cltywide(Incl.Operating Contingency) $ 16,140,D00 1,000,000 S 17,140,000 Subtotal General Fund $ 337,302,000 $ 1,000000 $ - 338,302,000 TRANSFERS Normandy Shores $ 111,000 $ 111,000 Capital Renewal & Replacement $ 43,000 $ 43,000 Info & Comm Technology Fund $ 300,000 S 300,000 Pay -As -You -Go Capital Rind $ 252,000 $ 252,000 Parking Fund S 1,211AW S 1,211,000 Subtotal Transfers $ 1,917,000 $ 0 S 1,917,000 Total General Fund $ 339,219,000 $ 1,000,000 S 340,219,000 4 Page 768 of 1657 ENTERPRISE FUNDS REVENUE/APPROPRIATIONS Building Convention Center Water Sewer Stormwater Sanitation Parking Total Enterprise funds INTERNAL SERVICE FUNDS REVENUE/APPROPRIATIONS -Information Technology Risk Management Central Services Office of Inspector General Property Management Fleet Management Medical and Dental Insurance Total Internal Service Funds SPECIAL REVENUE FUNDS REVENUE/APPROPRIATIONS Education Compact IT Technology Fund Residential Housing Sustainabillty Tree Preservation Fund Commemorative Tree Trust Fund ResortTax Tourism and Hospitality Scholarships Cultural Arts Council Waste Haulers Normandy Shores Biscayne Point Special Taxing District Allison Island Special Taxing District Biscayne Beach Special Taxing District 5th & Alton Garage 7th Street Garage Transportation Fund People's Transportation Plan Police Confiscation Fund - Federal Police Confiscation Fund - State Police Unclaimed Property Police Crash Report Sales Police Training Fund Red Ught Camera Fund E-911 Fund Art in Public Places (A(PP) Beachfront Concession Initiatives Beach Renourlshment Adopt A -Bench Program Off -Duty Services Fund Convention Center Renewal and Replacement Total Special Revenue Funds Exhibit "A" FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget $ 16,756,000 $ 16,756,000 S 32,707A00 2,000,000 $ 34,707,000 $ 38,058,000 $ 38,058,000 $ 50,397,000 $ 50,397,000 $ 32,830,000 $ 32,830,000 $ 22,58OA00 $ 22,580,000 $ 37,646,000 $ 37,646,000 $ 230,974,000 $ 2,000,000 $ 232,974,000 FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget $ 18,286,000 $ 18,286,000 $ 22,535,000 S 22,535,000 $ 1,052,000 $ 1,052,000 $ 2,027,000 $ 2,027,000 S 11,715,0110 $ 11,715,000 $ 15,088,000 $ 15,088,000 $ 40,258,000 $ 40,258,000 $ 110,961,000 $ 0 $ 110,961,000 Fy 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget $ 641,000 $ 641,000 $ 2,034,000 $ 2,034,000 $ 813,000 $ 813,000 $ 958,000 $ 958,000 $ 105,000 $ 105,000 $ 3,000 $ 3,000 $ 69,833,000 $ 69,833,000 $ 80,000 $ 80,000 $ 2,633,000 500,000 $ 3,133,000 $ 111,000 $ 111,000 $ 287,000 $ 287,000 $ 221,000 $ 221,000 $ 221,000 $ 221,000 S 221,000 $ 221,000 $ 643,000 $ 643,000 S 2,049,000 S 2,049,000 $ 8 883,000 $ 8,883,000 $ 4,239,000 $ 4,239,000 $ 13OA00 $ 130,000 S 164,000 $ 164,000 $ 29,001 $ 29,000 $ 25AOD $ 25,000 $ 25,000 $ 25,000 $ 1,407,000 $ 1,407,000 $ 669,000 $ 669,OOD $ 21AOD $ 21,000 $ 74,000 $ 74,OOD $ 1,57SAOD $ 1,575,000 $ 20,000 $ 2Q000 $ 200,000 $ 200,000 $ 2,000,000 2,000,001) $ 4,000,000 $ =314,000 000 S 2,500,000 $ 102,814,000 5. Page 769 of 1657 Resnlut ons - R7 B MIAMIBEACH. COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23, 2021 1:30 p.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT "A" RECOMMENDATION See attached memorandum SUPPORTING SURVEY DATA Pending Applicable Area Citywide Is this a "Residents Right to Know" item. pursuant to City Code Section 2-147 Does this Item utilize G -O. Bond Funds? IM Strategic Connection Organizational Innovation - Ensure strong fiscal stewardship. Legislative Tracking Office of Management $ Budget ATTACHMENTS: Description o Memo FY 2021 4th Operating Budget Amendment o Resolution Page 922 of 1884 Page 770 of 1657 MIAMI BEACH City of Mlomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miami6eachf .gov COMMISSION MEMORANDUM , TO: Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT "A." ADMINISTRATION RECOMMENDATION Adopt the Resolution. STRATEGIC PLAN SUPPORTED Organizational Innovation — Ensure strong fiscal stewardship ANALYSIS The budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year (FY) 2021 were adopted by the Mayor and City Commission on September 29, 2020, through Resolution No. 2020-31428. The First Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on November 18, 2020, through Resolution No. 2020-31497. The Second Amendment to the General Fund_, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on March 17, 2021, through Resolution No. 2021-31646. j The Third Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on April 21, 2021, through Resolution No. 2021-31689. Section 166.241(4)(c), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as its original budget. Page 923 of 1884 Page 771 of 1657 Fourth Amendment to the FY 2021 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page 2 CULTURAL ARTS EMERGENCY FUND On May 13, 2020, the Mayor and City Commission adopted Resolution 2020-31268 accepting the recommendations of the Finance and Economic Resiliency Committee (FERC), at its April 17 and April 24, 2020 meetings, approving the use of prior year accumulated Cultural Arts Council (CAC) fund balance and endowmentfunds to establish a "Cultural Arts Emergency Fund" in the amount of $1.0 million to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to the COVID-19 crisis. As part of the FY 2021 budget adopted through Resolution 2020-31428, an additional $1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations In the City of Miami Beach impacted by COVID-19, of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance was proposed to be appropriated mid -year of FY 2021. At the April 30, 2021 Finance and Economic Resiliency Committee (FERC) meeting, the City Administration provided an update on the status of the CARES Act funds received by the City, as well as an update on the status of the funding previously allocated to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to COVID-19. Based on discussion, the FERC recommended that, among other things and in addition to the previous funding allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, up to an additional $1.0 million be allocated to expand cultural activation and programming in the City. This proposed amendment appropriates the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through Resolution 2020-31428 to provide furtherfunding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated CAC fund balance and endowment funds, as well as an additional $1.0 million of General Fund reserves (CARES Act Funds) to be used to expand cultural activation and programming as recommended by the Finance and Economic Resiliency Committee (FERC) at Its April 30, 2021 meeting. The table below provides a summary of the funds allocated to provide financial assistance to Miami Beach -based cultural organizations experiencing revenue losses due to the COVID-19 crisis and to expand cultural activation and programming in the City of Miami Beach, including the additional funding proposed for appropriation in this budget amendment. Purpose IFY 2020 C0VID-19 Relief (CAC Fund Balance) $1.0 million COVID-19 Relief (CAC Fund Balance) $0.5 million Total Funding Appropriated To -Date $1.0 million $0.5 million COVID-19 Relief (CAC Fund Balance) $0.5 million Expand Cultural Activation and Programming $1.0 million General Fund Reserves/CARES Act Funds Total Proposed $1.5 million Total $1.0 million $2.0 million Rage 924 of 1684 age 772 of 1657 Fourth Amendment to the FY 2021 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page 3 CONVENTION_ CENTER LEGAL FEES Clark Construction Group, LLC ("Clark") is the City of Miami Beach's construction manager for the j Miami Beach Convention Center ("MBCC") renovation project, which is comprised of a 1.5 million square foot renovation and expansion of the MBCC, Including approximately 500,000 square fleet of exhibit halls, meeting rooms, pre -function and support spaces, a new 60,000 square foot grand ballroom, and a new rooftop parking area. On July 9, 2019, the City declared Clark in default of its contractual obligations related to the construction of the MBCC project. Subsequently, on January 31, 2020, Clark filed a lawsuit against the City and Hill International Inc. ("Hill'), the City's owner's representative for the MBCC project. The claims Clark has alleged against the City include: (1) seeking a court declaration that the City is required to grant time extensions; (2) seeking a court declaration that the City is required to release retainage; (3) Breach of Contract; and (4) Breach of Covenant of Good faith and Fair Dealing. The City disputes Clark's allegations and claims. On February 20, 2020, the City filed its Answer, Counterclaim, and Third -Party Complaint. The City's Counterclaim against Clark alleges: (1) Breach of Contract and (2) Breach of the Covenant of Good Faith and Fair dealing. Additionally, the City filed a Third -Party Complaint against Clark's performance bond sureties for Breach of Performance Bond. The performance bond guarantees Clark's performance of its contractual obligations to the City under the construction Contract, and secures the City by causing the sureties to assume liability for any and all damages, including, but not limited to, liquidated damages arising from Clark's default of its contractual obligations under the contract. The City, Clark, and Hill have engaged in extensive discovery, with over 6 million documents being exchanged, and the City anticipates in excess of 60 depositions in connection with the litigation. Additionally, the parties have engaged a litany of experts in various fields, including construction scheduling, delays, design, and construction manager standard of care. The parties have also engaged in two rounds of mediation and the Court has required another mediation take place prior to trial. The City intends on vigorously defending the lawsuit and asserting its affirmative claims against Clark. Clark has yet to complete the work, and Clark's multiple and continuing breaches of contract have caused the City to sustain considerable damages. Af the April 21, 2021 City Commission meeting, the City Administration presented the 31d Amendment to the FY 2021 Operating Budget, which recommended the appropriation of $4.0 million of Convention Center Renewal and Replacement (CRR) funds to be transferred to the Convention Center Operating Fund for legal fees associated with the City defending itself against the lawsuit and asserting its affirmative claims against Clark and its sureties. After extensive discussion and concerns expressed, the Mayor and City Commission approved, as amended, the appropriation of $2.0 million (reduced from $4.0 million) of Convention Center Renewal and Replacement (CRR) funds to be transferred to the Convention Center Operating Fund, through Resolution 2021-31689, to allow for the City Attorney's Office to cover the legal fees related to the lawsuit through June 2021 and schedule one-on-one meetings with the Mayor and City Commission to provide more detailed information regarding the lawsuit before returning to the Mayor and Commission to request the additional funds needed for the City to continue to defend , Itself against the lawsuit and assert its affirmative claims against Clark and its sureties. Page 925 of 1884 Page 773 of 1657 Fourth Amendment to the FY 2021 General Fund, Enterprise, Internal Senrice, and Special Revenue Funds Budgets Page 4 This proposed amendment appropriates the remaining $2.0 million to be transferred from the Convention Center CRR Fund to the Convention Center Operating Fund, of the original $4.0 million j recommended by the City Administration on April 21, 2021. I CONCLUSION I The Administration recommends that the Mayor and City Commission adopt the Fourth Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets for FY 2021 described herein and further detailed in the attached Exhibit "A.° j ATH/JW/TOS Page 926 of 1884 Page 774 of 1657 Fourth Amendment to the FY 2021 General Fund, Enterprise, Internet Service, and Special Revenue Funds Budgets Page 5 Exhibit "A" TRANSFERS FY 2021 4th Budget FY 2021 GENERAL FUND Amended Budget Amended Budget Amendment Revised Budget. REVENUES $ 43,001) $ Department Operating Revenues $ 3DD.M S Mayor and Commission Ad Valorem Taxes $ 193,218,000 $ 2,517,000 $ 193,218,000 Ad Valorem -Capital Renewal & Replacement $ 807,000 $ 4,798,000 $ 807,000 Ad Valorem - Pay -As -You -Go Capital $ 2,592,000 S 2,221,000 $ 2,592,000 Ad Valorem -Normandy Shares $ 18,000 $ 1,466.000 $ 18,000 Other Taxes $ 24,083,000 $ 1,119,000 S 24,083,000 Licenses and Permits $ 13,925,000 $ 6,358,000 $ 13,925,000 intergovernmental S 11,2541000 S 2,705,000 $ 11,254,000 Charges for Services $ 13,061,000 $ 2,794,000 $ 13,061,000 Fines and Forfeits $ 1,069,000 $ I,844,000 $ 1,069,000 Interest Earnings S 2,759,000 $ 6,150,000 $ 2,769,000 Rents and Leases $ 5,954,000 S 3,887,000 $ 5,954,000 Miscellaneous $ 15,12.5,000 S 61095,000 $ 15,125.000 Resort TaxContrlbution $ 18,639,000 $ 1,248,000 $ 18,639,000 Other Non -Operating Revenue S 36705,000 1,0001000 $ 37,705,000 Total General Fund $ 339,229.000 $ 1.00'000 $ 340,219,000 TRANSFERS FY 2021 4th Budget FY 2021 Normandy Shores Amended Budget Amendment Revised Budget APPROPRIATIONS Capital Renewal & Replacement $ 43,001) $ Department Info & Comm Technology Fund $ 3DD.M S Mayor and Commission $ 2,517,000 252AW $ 2,517,000 City Manager S 4,798,000 1,211,ODO $ 4,798,000 Marketing and Communications $ 2,221,000 1,917,000 $ S 2,221,000 Office of Management and Budget $ 1A66.000 339,!2M S $ 1,466.000 Org. Dev Performance initiatives $ 111191000 $ 1,119,000 Finance $ 6,358,000 $ 6,358,000 Procurement $ 2,705,000 S 2,705,000 Human Resources/Labor Relations S 2,794,000 $ 2,794,000 City Clerk $ 118441000 $ I,844,000 City Attorney $ 6,150,000 $ 6,150,000 Housing & Community Services $ 3,887,000 S 3,887,000 Planning $ 61095,000 S 61095,000 Environment&Sustainability $ 1,248,000 $ 1,248,000 Tourism and Culture $ 3,242,000 S 3,242,000 Economic Development $ 1,372,000 $ 1.372,ODO CodeCompiiance $ 6,477,000 $ 6,477,000 Parks & Recreation (Intl. Golf Courses) $ 34,283,000 $ 34•283•000 Property Management $ 2,054,000 S 2,054,000 Public Works S 13,577,000 $ 13'77.000 Capital improvement Projects $ 5,5511000 S 5,551.0DO Police $ 118514,000 S 179,514,000 Fire S 91,890,000 $ 91.890.0013 Citywide (Ind Operating Contingency) $ 16140,000 1,00'000 17,140,000 Subtotal General Fund $ 337,302,000 S 1 00 S 338.308.000 TRANSFERS Normandy Shores $ 111,000 S 111,000 Capital Renewal & Replacement $ 43,001) $ 43,000 Info & Comm Technology Fund $ 3DD.M S 300.000 Pay -As -You -Go Capital Fund $ 252AW $ 252,000 Parking Fund S 1,211,ODO S 1,211,000 Subtotal Transfers $ 1,917,000 $ 0 $ 1,917,000 Total General Fund $ 339,!2M S 1.000.000 $ 340,219,000 Page 927 of 1884 Page 775 of 1657 Fourth Amendment to the FY 2021 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page 6 Exhibit "A" REVENUE/APPROPRIATIONS FY 2021 4th Budget FY 2021 ENTERPRISE FUNDS $ Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS $ 2,034,000 $ 2.034,000 Building $ 16,756,000 $ $ 16,756,000 Convention Center $ 32,707,000 2,000,000 S 34,707,000 Water S 38,058,000 S $ 38AS8,0W Sewer $ 50,397,000 S $ 50,397.000 Stormwater $ 32,830,000 $ $ 32,830,000 Sanitation $ 4580,000 S $ 22,580,000 Parking $ 37,646,000 SWAM $ $ 37,646,000 Total Enterprise Funds $ 230,974,M $ 2.000.000 S 232,974,000 Normandy Shores $ FY 2021 4th Budget FY 2021 INTERNAL SERVICE FUNDS $ Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS $ 221.000 S 221,000 Information Technology S 18,286000 S $ 18,286,000 Risk Management $ 22,535,000 $ S 22,535,000 Central Services $ 1,052,000 $ S 1,052,000 office ofInspector General $ 2,027,000 S S 2,027,000 Property Management $ 11,71SA00 $ $ 11,715,000 Fleet Management $ 1510881000 $ $ 15.088,000 Medial and Dental Insurance $ 40,258000 $ S 40,258000 Total internal Serwim Funds S 110.961,000 $ D S 110.961,000 Police Crash Report Sales $ FY 2021 4th Budget FY 2021 SPECIAL REVENUE FUNDS $ Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Education Compact $ 641AM S 641,000 IT Technology Fund $ 2,034,000 $ 2.034,000 Residential Housing S 833,000 $ 813,000 Sustainability $ 958,0D0 S 958,000 Tree Preservation Fund $ 105,000 S 105,000 commemorative Tree Trust Fund S 3,000 S 3000 ResortTax S 69,833,000 $ 69,833ADO Tourism and Hospitality Scholarships $ 80000 S 80,000 Cultural Arts Council $ 2,633,000 SWAM $ 3,133,000 Waste Haulers $ 111,OOD $ 111,000 Normandy Shores $ 287,000 $ 287AM Biscayne Point Special Taxing District $ 221,000 S 721,000 Allison Island Special Taxing District $ 221.000 S 221,000 Biscayne Beach Special Taxing District $ 221,000 S 721,000 Sth &Alton Garage $ 643,00 $ 643A0o 7th Street Garage $ 2049.000 $ 2,049.000 Transportation Fund $ 8.883.000 S 6,883,000 People's Transportation Plan $ 4,239000 $ 4,239,000 Police confiscatlon Fund - Federal S 190A00 $ 13CAM Police Confiscation Fund - State S 164.000 $ 164.= Police Unclaimed Property S 29,E $ 29.000 Police Crash Report Sales $ 25.000 S 75.000 Police Training Fund $ 25.000 $ 25,000 Red Ught Camera Fund $ M MAoa $ 1,407,000 E-911 Fund $ SAM $ 569,000 Art in Public Places (AIPP) S 21000 S 21.000 Beachfront Concession Initiatives S 74000 S 74XD Beach Renourishment $ 1,575,000 $ 1,57SAW Adopt -A -Bench Program $ 20,000 $ 20000 off -Duty Services Fund $ 200,000 $ 200.000 Convention Center Renewal and Replacement S 2.0001000 2.0D0,WD S 4.1)00,000 Total Spacial Revenue Funds $ 100,314,000 $ 2,500,000 S WZ814400 Page 928 of 1884 Page 776 of 1657 DocuSign Envelope ID: 76BEBE30-4050-4A57-8A25-2A7D920255AF MIAMI B OFFICE OF THE CITY MANAGER NO. LTC # 313-2021 LETTER TO COMMISSION TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager5(;,� Its IpE1BEF31017NYE.. DATE: July 26, 2021 SUBJECT: FY 2021 Funding Relief to Cultural Organizations in Miami Beach The purpose of this letter to the Mayor and Commission is to provide an update on the motion made during the July 1, 2021 Cultural Arts Council meeting regarding funding relief to cultural organizations in the City of Miami Beach ("Cultural Anchors"). On June 23, 2021, the Mayor and City Commission approved Resolution No. 2021-31745 to appropriate the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through Resolution No. 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated Cultural Arts Council fund balance and endowment funds. On July 1, 2021 the Cultural Arts Council made a motion to recommend eligible FY 2021 Cultural Anchors receive funding based on the following guidelines: $60,000 for Anchors with annual organizational budgets below $750,000 $65,000 for Anchors with annual organizational budgets between $750,000 and 3.5M $70,000 for Anchors with annual organizational budgets at or above $3.5M The fourteen (14) qualifying FY 2021 Cultural Anchors and recommended funding amounts, based on organizational budgets, are noted as follows: Miami Beach Cultural Anchors FY 20121 $1 M FIU- Miami Beach Urban Studios $65,000 FIU- Wolfsonian $70,000 FIU-Jewish Museum of Florida $65,000 Friends of the Bass Museum, Inc. $70,000 Miami Beach Garden Conservancy $60,000 Miami City Ballet $70,000 Miami Design Preservation League $65,000 Miami New Drama $65,000 New World Symphony $70,000 O'Cinema (Living Arts Trust) $65,000 Oolite Arts $70,000 The Holocaust Memorial Committee $65,000 The Rhythm Foundation $65,000 University of Wynwood (O, Miami) $65,000 Total Allocated Funding $930,000 Page 777 of 1657 DocuSign Envelope ID: 768EBE30-405C-4A57-8A25-2A7D920255AF The above motion was approved unanimously. Cultural Arts Council members present included Laurence Moser (Chair), Ray Breslin, Victoria Elliott, Brian Erlich, Cheryl Jacobs, Tiffany Lapciuc, Vanessa Menkes, David Sexton and Rachel Unger. For more information, please contact Lissette Garcia Arrogante, Director, Tourism and Culture at IissettearroganteCaamiamibeachfl.gov or x26597. Docuftned by. a i�1.bU,SWY# E tAYGi cc: Marcia Monserrat, Chief of Staff, City Manager OF73858C56M'8D... Lissette Garcia Arrogante, Director, Tourism and Culture Department Heather Shaw, Assistant Director, Tourism and Culture Department Brandi Reddick, Cultural Affairs Manager Page 778 of 1657