Independent Contractor Agreement with Cara Despain 202 1 -316 12.
INDEPENDENT CONTRACTOR AGREEMENT
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This Agreement is entered into on this day of , 20 between
Cara Despain ("Contractor"), and the City of Miami Beach, Florida(the"City"),for a period
of 45 days with an effective starting date of March 31, 2022 and an end date of May 15,
2022 (the "Term").
1. Description of Services.
Contractor will provide the services described in Exhibit"A" hereto (the "Services").
Although Contractor may receive a schedule of the available hours to provide its Services,
the City shall not control nor have the right to control the hours of the Services performed by
the Contractor;where the Services are performed(although the City will provide Contractor
with the appropriate location to perform the Services); when the Services are performed
(including how many days a week the services are performed); how the Services are
performed; or any other aspect of the actual manner and means of accomplishing the
Services provided. Notwithstanding the foregoing, all Services provided by the Contractor
shall be in accordance with the terms and conditions set forth in Exhibit "A" hereto, and
performed to the reasonable satisfaction of the City Manager. If there are any questions
regarding the Services to be performed, Contractor should contact the following person:
Brandi Reddick
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
BrandiReddick@miamibeachfl.gov or(305)673-7577 x26256
2. Fee.
In consideration of the Services to be provided pursuant to this Agreement, the City agrees
to pay Contractor a fee, not to exceed the amount of$9,200.00(the "Fee"), which shall be
paid as described in Exhibit"B" hereto.
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the
parties and pursuant to the Fee Schedule set forth in Exhibit"B" hereto upon receipt of an
acceptable and approved invoice.The City shall remit payment to the Contractor within 45
days of receiving an invoice from the Contractor for that portion (or those portions)of the
Services satisfactorily rendered (and referred to in the particular invoice).
3. Termination.
This Agreement may be terminated by either party,with or without cause, by giving written
notice to the other party of such termination, which shall become effective upon fourteen
(14) days following receipt by the other party of the written termination notice.
Notwithstanding the foregoing,in the event of a public health,welfare or safety concern,as
determined by the City Manager, in the City Manager's sole discretion, the City Manager,
pursuant to a verbal or written notification to Contractor, may immediately suspend the
Services under this Agreement for a time certain, or in the alternative, terminate this
Agreement on a given date. In the event of termination pursuant to this section, the
Contractor shall be paid a sum equal to all payments due to him/her up to the date of
termination; provided Contractor is continuing to satisfactorily perform all Services up to the
date of termination. Thereafter,the City shall be fully discharged from any further liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
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4. Indemnification/Hold Harmless.
Contractor agrees to indemnify,defend, and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses and expenses including, but not limited to, attorney's fees, for personal economic or
bodily injury,wrongful death, loss of or damage to property, at law or in equity, which may
arise or be alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of Contractor, and/or any and all subcontractors, employees, agents, or any other
person or entity acting under Contractor's control, in connection with the Contractor's
performance of the services pursuant to this Agreement. Contractor shall pay all such
claims and losses and shall pay all costs and judgments,which may arise from any lawsuit
arising from such claims and losses, and shall pay all costs and attorney's fees expended
by the City in defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to Contractor for the Contractor's agreement to indemnify and hold the City harmless, as
provided herein. Contractor and the City hereby agree and acknowledge that this indemnity
provision is intended to and shall survive the termination (or earlier expiration) of this
Agreement.
5. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Contractor hereby expresses
his/her willingness to enter into this Agreement with Contractor's recovery from the City for
any damage action for breach of contract to be limited to a maximum amount equal to the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to Contractor for damages in the amount in
excess of the compensation/fee to be paid to Contractor pursuant to this Agreement, less
any amounts actually paid by the City as of the date of the alleged breach, for any action or
claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida
Statutes.
6. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing,all such notices and communications shall be addressed
as follows:
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CONTRACTOR: Cara Despain
122 NE 47th St, Miami, FL 33137
CITY: Lissette Garcia Arrogante
City of Miami Beach
Department of Tourism & Culture
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7577
Notice shall be deemed given on the date of an acknowledged receipt, and, in all other
cases, on the date of receipt or refusal.
7. 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 court, and the U.S. District Court, Southern District
of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND
CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS
AGREEMENT.
8. Duty of Care/Compliance with Applicable Laws/Conflict of Interest.
With respect to the performance of the Services contemplated herein, Contractor shall
exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable services.
In its performance of the Services, Contractor shall comply with all applicable laws,
ordinances,and regulations of the City, Miami-Dade County,the State of Florida, and the
federal government. Without limiting the foregoing,Contractor herein agrees to adhere to
and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and
ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended
from time to time; and by the City of Miami Beach Charter and Code,as may be amended
from time to time, both of which are incorporated herein by referenced, as if fully set forth
herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
the Services. Contractor further covenants that in the performance of Services under this
Agreement, no person having any such interest shall knowingly be employed by the
Contractor. Notwithstanding the foregoing, Contractor shall be able to provide similar
services to other third parties as long as they do not conflict with the Services to be
provided hereunder. No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this Agreement or to any benefits arising therefrom.
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9. No Discrimination.
In connection with the performance of the Services, the Contractor shall not exclude from
participation in,deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply with City of Miami Beach Human Rights Ordinance,
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing, public accommodations,or public services,on the
basis of actual or perceived race,color, national origin, religion,sex, intersexuality,sexual
orientation, gender identity, familial and marital status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, political
affiliation, or disability.
10. 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 term "public records"shall have the meaning set forth 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 Contractor meets the
definition of"Contractor"as defined in Section 119.0701(1)(a),the Contractor shall:
(1) Keep and maintain public records required by the City to perform the
service;
(2) Upon request from the City's 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;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain 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
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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. 119.10.
(E) CIVIL 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's 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 plaintiff
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(1)(b)if 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, or certified 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.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR
AS TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF F MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the Services described herein shall be deemed to be a "work made for hire",
and are intended or represented for ownership by the City. Any re-use distribution, or
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dissemination of same by Contractor,other than to the City,shall first be approved in writing
by the City Manager, which approval, if granted at all, shall be at the City Manager's sole
and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes,data and findings,are hereby assigned to the City,
in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of
the Contractor (or its employees or sub-contractors, (if any) without the prior written
consent of the City Manager, which consent, if given at all, shall be at the Manager's sole
and absolute discretion.
12. Liability for Rent, Supplies, Equipment, Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements, and
expenses incurred in connection with its performance of the Services hereunder,and shall
not be entitled to any reimbursement from the City unless otherwise agreed to by the City.
It will also provide all supplies and equipment necessary to provide such Services. If
Contractor uses any of the City's facilities, supplies, or equipment to furnish the Services
hereunder, Contractor shall pay the City(or such amount shall be deducted from the Fee
set forth in Section 2)an amount as mutually agreed by the parties.
13. Liability for Sub-contractors.
Contractor shall be liable for its Services, responsibilities and liabilities under this
Agreement and the costs, services, responsibilities and liabilities of any sub-contractors(if
any), and any other person or entity acting under the direction or control of Contractor(if
any). In this regard, Contractor must furnish the City with all information relating to the
sub-contractors which is requested by the City.When the term"Contractor"is used in this
Agreement, it shall be deemed to include any sub-contractors (if any) and/or any other
person or entity acting under the direction or control of Contractor (if any). All sub-
contractors (if any) must be disclosed in writing to the City prior to their engagement by
Contractor.
14. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A
PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,
THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,
AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY
RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF
THE CITY,OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED
EMPLOYEES INCLUDING ANNUAL AND SICK DAY. ACCRUAL. FURTHER, THE
CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S
COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION
OF SICK OR ANNUAL LEAVE.
The Contractor shall be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes,
insurance payments, or otherwise whether levied by any country or any political subdivision
thereof. The Contractor shall not, in any way, be considered to be,or be deemed to be, an
employee of the City through the Services performed in this Agreement(e.g., including, but
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not limited to, for purposes of the Federal Insurance Contribution Act, the Social Security
Act, the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code, any
state revenue and taxation code relating to income tax withholding at the source of income,
the Workers' Compensation Insurance Code and other benefit payments and third party
liability claims),and the Contractor shall indemnify and hold the City harmless from all costs,
loss,damages or expenses(including but not limited to taxes,accounting fees, court costs,
and attorney's fees at all levels of litigation)in the event of any determination to the contrary
by any court of competent jurisdiction or governmental authority. The Contractor recognizes
and understands that it will receive an Internal Revenue Service Form 1099 statement and
related tax statements,and will be required to file corporate and/or individual tax returns and
to pay taxes in accordance with all provisions of applicable Federal and state law. The
Contractor hereby promises and agrees to indemnify the City for any damages or expenses,
including attorney's fees, and legal expenses, incurred by the City as a result of the
Contractor's failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Contractor shall in no way
hold itself out as an employee,dependent agent,or other servant of the City, its employees
or other agents, or as other than a free agent with respect to the City.The Contractor is not
granted, shall not have, and acknowledges the absence of any right or authority to assume
or create any obligations or responsibility,express or implied,on behalf of or in the name of
the City or to bind the latter in any matter or thing whatsoever.
15. Purchase Order Requirement.
This Agreement shall not be effective until executed by the parties hereto and until the City
has issued a Purchase Order for this Agreement
16. Force Majeure.
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the
performance of the Contractor or the City's obligations under the Agreement,and(ii)
is beyond the reasonable control of such party unable to perform the obligation,and
(iii)is not due to an intentional act, error,omission, or negligence of such party,and
(iv)could not have reasonably been foreseen and prepared for by such party at any
time prior to the occurrence of the event. Subject to the foregoing criteria, Force
Majeure may include events such as war, civil insurrection, riot, fires, epidemics,
pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine
restrictions, transportation accidents, strikes, strong hurricanes or tornadoes,
earthquakes,or other acts of God which prevent performance. Force Majeure shall
not include technological impossibility,inclement weather,or failure to secure any of
the required permits pursuant to the Agreement.
(B) If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such
delay, but in any case within fifteen(15)business days thereof, provide notice:(i)of
the occurrence of event of Force Majeure, (ii) of the nature of the event and the
cause thereof,(iii)of the anticipated impact on the Agreement, (iv)of the anticipated
period of the delay,and(v)of what course of action such party plans to take in order
to mitigate the detrimental effects of the event. The timely delivery of the notice of
the occurrence of a Force Majeure event is a condition precedent to allowance of
any relief pursuant to this section; however, receipt of such notice shall not
constitute acceptance that the event claimed to be a Force Majeure event is in fact
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Force Majeure,and the burden of proof of the occurrence of a Force Majeure event
shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part,
by Force Majeure to carry out such obligations. The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no
greater scope and no longer duration than is required. The party shall use its
reasonable best efforts to continue to perform its obligations hereunder to the extent
such obligations are not affected or are only partially affected by the Force Majeure
event, and to correct or cure the event or condition excusing performance and
otherwise to remedy its inability to perform to the extent its inability to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations
and liabilities which matured prior to the occurrence of a Force Majeure event shall
not be subject to the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager,
suspend the City's payment obligations under the Agreement, and may take such
action without regard to the notice requirements herein. Additionally, in the event
that an event of Force Majeure delays a parry's performance under the Agreement
for a time period greater than thirty(30)days,the City may, at the sole discretion of
the City Manager,terminate the Agreement on a given date, by giving written notice
to Contractor of such termination. If the Agreement is terminated pursuant to this
section, Contractor shall be paid for any Services satisfactorily performed up to the
date of termination; following which the City shall be discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no
event will any condition of Force Majeure extend this Agreement beyond its stated
Term.
17. Assignment.
Contractor shall not assign all or any portion of this Agreement without the prior written
consent of the City Manager, and it is agreed that said consent must be sought in writing by
Contractor not less than sixty(60)days prior to the date of any proposed assignment.
18. Audit and Inspection Records.
Contractor shall permit the authorized representatives of the City to inspect and audit all
data and records of the Contractor, if any, relating to performance under this Agreement
until the expiration of three years after final payment under this Agreement.
Contractor further agrees to include in all his/her subcontracts hereunder a provision to the
effect that the sub-contractor agrees that the City or any of their duly authorized
representatives shall, until the expiration of three years after final payment to the sub-
contractor, have access to and the right to examine any directly pertinent books,
documents, papers and records of such sub-contractor, involving transactions related to the
sub-contractor.
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19. 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 Contractor, 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 Contractor, the Contractor 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, (bid/proposal) submittals,
activities of the Contractor, 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 Contractor'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 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 Contractor 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 Agreement, for examination, audit, or reproduction, until three
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(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
(1) If this Agreement is completely or partially terminated, the Contractor shall
make available records relating to the work terminated until three (3)years
after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Agreement.
(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 Contractor or
third parties.
20. E-Verify
(A) To the extent that Contractor provides labor, supplies, or services under this
Agreement, Contractor 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, Contractor shall.
register with and use the E-Verify system to verify the work authorization status of all
newly hired employees during the Term of the Agreement. Additionally, Contractor
shall expressly require any subcontractor 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. If Contractor enters into a
contract with an approved subcontractor, the subcontractor must provide the
Contractor with an affidavit stating that the subcontractor does not employ, contract
with,or subcontract with an unauthorized alien. Contractor 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.
(1) If the City has a good faith belief that Contractor has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement
with Contractor for cause, and the City shall thereafter have or owe no
further obligation or liability to Contractor.
(2) If the City has a good faith belief that a subcontractor has knowingly violated
the foregoing Subsection 20(A), but the Contractor otherwise complied with
such subsection, the City will promptly notify the Contractor and order the
Contractor to immediately terminate the contract with the subcontractor.
Contractor's failure to terminate a subcontractor shall be an event of default
under this Agreement, entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection(B)(1)or(B)(2) is not
in breach of contract and may not be considered as such.
(4) The City or Contractor or a subcontractor may file an action with the Circuit
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or County Court to challenge a termination under the foregoing Subsection
(B)(1) or(B)(2) no later than 20 calendar days after the date on which the
contract was terminated.
(5) If the City terminates the Agreement with Contractor under the foregoing
Subsection (B)(1), Contractor may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
(6) Contractor is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 20.
21. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
22. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid,the remaining provisions shall continue to be effective unless City
elects to terminate this Agreement.
23. Joint Preparation.
The parties hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete understanding of
all rights and obligations herein and that the preparation of this Agreement has been a joint
effort of the parties, the language has been agreed to by parties to express their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
24. Mutual cooperation.
Contractor recognizes that the performance of this Agreement is essential to the provision of
vital public services and the accomplishment of the stated goals and mission of the City.
Therefore, the Contractor shall be responsible to maintain a cooperative and good faith
attitude in all relations with the City and shall actively foster a public image of mutual benefit
to both parties. The Contractor shall not make any statements or take any actions
detrimental to this effort.
25. Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced
for incorporation herein) embody the entire agreement and understanding between the
parties hereto,and there are no other agreements and understandings, oral or written,with
reference to the subject matter hereof that are not merged herein and superseded hereby.
Page 12 of 15
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by the respective officials thereunto duly authorized, this date and year first above
written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
• /By: 4/
City Clerk •
7 City Manager
Date:
MAY 1 0 2022
•
FOR CONTRACTOR:
Cara Despain `.''
WITNESS: ./
�—DocuSigned by:
By: r
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Print Name e ' `nie'Print Na e
Date: y—/II— a a
Approved: Approved as to form & language &
r--.DocuSigned by: for execution.
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Department Director City Attorney D at
/—DocuSigned by:
fiaw�t t`a t f to Sf t.wav¢
'-92084A610EE1463...
Office of Budget and Performance Improvement
uSigned by:
'—DE462A0AF4 OD43
Human Resources
F:ATfO/TORG/Agreements/Independent Contractor Agreement/Independent Contractor Agreement 2021
modified 01-12-2021
Page 13 of 15
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by the respective officials thereunto duly authorized, this date and year first above
written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
/ i "-----
//
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City Clerk By:
�'
/ City Manager
MAY r D „,,,,,,
Date: 2022 = -i�l. • ;p;
iiICOP,PP\ORMED
''T,;^ � =`; + 2;FOR CONTRACTOR: Cara Despain ,,,WITNESS: / - ,'
/ DocuSigned by:
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Date: `f—PI—— a a
: Approved: Approved as to form & language &
DocuSlgned by: for execution.
ED5AC282A6E2410... A:14_49 l" 1
Department Director City Attorney 0 H at
r—DocuSigned by:
tivAltka. (moo Skwav'(!
'-920B4A610EE 1463...
Office of Budget and Performance Improvement
/—DocuSigned by:
60D43 C"-DE4
Human Resources
F:ATfO(TORG/Agreements/Independent Contractor Agreement/Independent Contractor Agreement 2021
modified 01-12-2021
' Page 13 of 15
LJUGU011J.11 CIIVOIVpG . •--- --- -
Exhibit A
Description of Services
All venues shall be subject to the mutual agreement of the parties.All installations shall be
subject to review and approval by the City Manager's designee.
In conjunction with the Aspen Ideas: Climate conference taking place on Miami Beach
May 9-12, 2022 the Miami-Dade County Department of Cultural Affairs and City of
Miami Beach will present a series of temporary site specific public art commissions,film
screenings, and performances highlighting issues related to climate change and sea level
rise. Fourteen (14) Miami-based artists will present work, including visual artists Franky
Cruz, Cara Despain, Morel Doucet, Brookhart Jonquil, and Lauren Shapiro. Performances
and will include works by artists Dale Andree, Brigid Baker, Michelle Grant-Murray, and
an audio-work by Gustavo Matamoros.The film program will include artists A.S.T.
(Alliance of the Southern Triangle), Dale Andree, Domingo Castillo, Houston Cypress,
Hattie Mae Williams, and Lee Pivnik. In addition,The City of Miami Beach will also
highlight works from their permanent public art collection with thematically related
commissions by Bill Fontana, Ellen Harvey, and mobile App-based project by Olafur
Eliasson.
Aspen Ideas:Climate is presented by The Aspen Institute, a global nonprofit
organization committed to realizing a free,just, and equitable society. In collaboration
with the City of Miami Beach, Miami-Dade County and a diverse group of partner
institutions in and beyond South Florida,the Aspen Institute is enlisting global and local
policymakers, scientific experts, corporate leaders, inventors and innovators, artists,
young leaders, influencers, and engaged members of the public to participate in Aspen
Ideas: Climate 2022.
Cara Despain will present Plastocene Swim wear Line—a line of women's swimsuits
intended to intervene in the problematic clothing and fashion swimsuit industry.
Incorporating imagery of ocean garbage and flooding impacts from sea level rise,
Plastocine Swim wear Line will disrupt luxury and leisure industries' expected narratives
in a call to action.The line will be available in a pop-up shop, interventions in clothing
stores, and exhibited in a fashion show.
Page 14 of 15
Exhibit B
Fee
In consideration of the Services to be provided pursuant to this Agreement, the City agrees
to pay Contractor a fee, not to exceed the amount of$9,200.00(the "Fee"), which shall be
paid as a single payment:
The fixed fee is payable as follows:
(A) 100% lump sum payment, in the amount of$9,200.00, within 30 days from the
Effective Date;
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the
parties and pursuant to the Fee Schedule set forth in Exhibit"B" hereto upon receipt of an
acceptable and approved invoice. The City shall remit payment to the Contractor within 45
days of receiving an invoice from the Contractor for that portion (or those portions) of the
Services satisfactorily rendered (and referred to in the particular invoice).
Page 15 of 15
•
RESOLUTION NO, 2021-31872
, A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM
TAXES, ENTERPRISE, INTERNAL SERVICE, AND
' SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2022.
WHEREAS, the City Manager's total proposed Fiscal Year (FY) 2022 operating budget,
net of transfers and Internal Service Funds, as amended at the September, 30, 2021 City
Commission meeting, is $675,901,500 including the General, General Obligation (G.O.) Debt
Service, RDA Ad Valorem Taxes, Enterprise, and Special Revenue Funds, as reflected in!the
attached Composite Exhibit"A"; and
• i
WHEREAS, the proposed General Fund operating budget, as amended, totals
$354,106,000, which includes the use of$225,000 in General Fund reserves to be transferred to
the Capital Pay-As-You-Go Fund for completion of the Stillwater Entrance Sign Project and
reimbursed from funding allocated for Capital Pay-As-You-Go Fund projects at a later date; and
WHEREAS, the proposed budgets for the Enterprise Funds total $230,287,000; and
WHEREAS, the proposed budgets for the Internal Service Funds, which are wholly
supported by transfers from the General Fund, Enterprise Funds, the Redevelopment District,
and Special Revenue Funds, total $115,023,000; and
WHEREAS, the proposed budgets for the Special Revenue Funds, as amended, total
$106,641,000; and
WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs in
the FY 2022 budgets for the General Fund, Resort Tax, Building, Sanitation, and Red Light
Camera Funds in accordance with the proposed FY 2022 budgets presented at the Finance land
Economic Resiliency Committee Budget Briefings, the Mayor and City Commission would need
to waive the City's established policy of not utilizing one-time; non-recurring revenue to fund
recurring personnel, operating, and maintenance costs; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose :and
procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust
Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscated Trust Fund are
authorized to be used for crime prevention, safe neighborhoods, drug abuse education land
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds following a request to
the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "B") which states that this request complies with the provisions
of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally
Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, the Police Confiscation Trust Fund budgets for FY 2022 in the amount of
$187,000 shall be funded from State Confiscation Funds in the 1he amount
efle57,0000 the Federal
eed
Treasury and Justice Confiscation Funds in the amount of$
Exhibit"B"; and
WHEREAS,funds in the amount of$187,000 are available in the Police Confiscated Trust
Funds; and
WHEREAS, the City of Miami Beach is authorized to assess $2.00 from court costs:for
criminal proceedings for expenditures for Criminal Justice Education degree programs and
training courses for officers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes; and
WHEREAS, the Police Training and School Resources Fund is currently funded with:the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes, in the amount of$25,000, as reflected in the attached Exhibit 'C";
and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit"C") which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Florida Statutes and the guidelines established byl the
Division of Criminal Justice Standards and Training; and
WHEREAS, the City of Miami Beach Police Department intends to utilize the $25,000 for
those purposes as-authorized pursuant to Section 938.15 of the Florida for education degree
programs and training courses for officers and support personnel of the Miami Beach Police
Department; and
WHEREAS, Section 705.105 of the Florida Statutes sets forth the procedure for unclaimed
evidence which is in the custody of the Miami Beach Police Department and permanently vests
in the Miami Beach Police Department sixty (60) days after the conclusion of the criminal
proceeding; and !
WHEREAS, $29,000 has been in the custody of the Miami Beach Police Department
Property and Evidence Unit in excess of the statutory period set forth in Section 705.105 of the
Florida Statutes; and
WHEREAS, said funds have vested permanently in the Miami Beach Police Department,
and have now been placed.in the Police Unclaimed Property Account, as provided by Resolution
No. 90-19931, adopted on March 7, 1990; and
WHEREAS,the Miami Beach Police Department seeks to purchase those items identified
in the attached Exhibit"D"with funds in the Unclaimed Property Account Fund; and
•
. WHEREAS, the Miami Beach Cultural Arts Council (CAC)was established by the Mayor
and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and
performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of the residents of, and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan'on
June 3, 1998, identifying the following program areas for the CAC: cultural arts grants; marketing;
facilities; advocacy and planning; and revenue development; and
WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year
shall be adopted by the Mayor and City Commission; and
i
WHEREAS, accordingly, the CAC recommends a $1,286,000 budget allocation ford FY
2022 to continue implementation of its programs; and
WHEREAS, from January 11, 2021 through June 3, 2021, the Cultural Affairs staff and
the CAC conducted its application and review process for its FY 2022 Cultural Arts Grant
Programs; and 1
WHEREAS, grants panelists, comprised of the CAC members, yielded 46 viable
applications; and
WHEREAS, the CAC, at its regular meeting on July 8, 2021, reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$818,085 for FY 2022, as more specifically identified in the "Recommended FY 21/22 Funding"
column in Exhibit"E," attached hereto; and
WHEREAS, the City Manager has reviewed the recommended Cultural Arts awards and
concurs with same; and
WHEREAS, the Miami Beach Visitor and Convention Authority (MBVCA) was created
pursuant to Chapter 67-930 of the Laws of Florida, and Sections 102-246 through 102-254 of the
Code of the City of Miami Beach; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission; and
WHEREAS, the MBVCA has recommended approval of the proposed work plan and
budget for FY 2022, in the amount of$3,145,000, to continue implementation of its programs as
shown in Exhibit"F."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and 'City
Commission of the City of Miami Beach, Florida hereby adopt the final budgets, as amended at
the September 30, 2021 City Commission meeting, for the General, G.O. Debt Service, RDA Ad
Valorem Taxes, Enterprise, Internal Service, and Special Revenue Funds for Fiscal Year 2022
as shown in Composite Exhibit"A"(Total Revenues and Expenditures by Fund and Department),
Exhibit "B" (Confiscated Trust Funds), Exhibit "C" (Police Training & School Resources Fund),
Exhibit "D" (Police Unclaimed Property Account), Exhibit "E" (Cultural Arts Council Grants), and
Exhibit "F" (MBVCA), and waive the City's policy of not utilizing one-time, non-recurring revenue
to fund recurring personnel, operating, and maintenance costs in the General Fund, Resort Tax,
Building, Sanitation, and Red Light Camera Funds budgets for FY 2022 in accordance with the
proposed budgets presented at the Finance and Economic Resiliency Committee Budget
Briefings.
PASSED AND ADOPTED this 30t' day of September, 2021.
•
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk (�
OCT 0:.-.12021
* INCORP ORATED' *a
oto°''� CH 26%"
APPROVED AS TO
FORM&LANGUAGE ,
&FOR EXECUTION
City Attorney 19 fyZ Date
COMPOSITE EXHIBIT A
TOTAL REVENUE SUMMARY BY FUND AND MAJOR CATEGORY
Fiscal Year 2022
G.O.DEBT SPECIAL INTERNAL
FUNCTION/DEPARTMENT GENERAL SERVICE RDA ENTERPRISE REVENUES TOTALS SERVICE
GENERAL OPERATING REVENUES
Ad Valorem Taxes S 196,201,000
Ad Valorem-Capital Renewal&Repl, 815,000
Ad Valorem.PoyA.YouLapital 2,616,000
Ad Valorem.Normandy Shores 252,000
Olhor Taxes 23,986,000
licenses and Permits 15,054,000
Intergovernmenlal 11,598,000
Charges for Services 13,192,000
Fines&Forfeits 966,000
interest Earnings 2,662,000
Rents&leases 6,091,000
Miscellaneous 14,196,000
Resort Tax Contribution 24,866,000
Other Non-Operating Revenue 14,214,000
American Rescue Plan Act IARPA1 Funds 23,600,000
Use of General Fund Reserves 3,797,000
FUND TOTAL $354,106,000 S 3E4,106,000
O.O.DEBT SERVICE FUND
Ad Valorem Taxes 11,492,000
FUND TOTAL $ 11,492,000 $ 11.492,000
RDA FUND-CITY TIE Only
AD VALOREM TAXES
Property Taxes RDA City Canter(net) 29,805,000
FUND TOTAL S 29,805,000 $ 29,805,000
ENTERPRISE FUNDS
Building 17,449,000
Convention Center 27,332,000
Parking • 43,477,000
Sanitation 22,170,000
Sower Operations 52,916,000
Storm Water Operations 31,91 1,000
Water Operations 35,032,000
FUND TOTAL $ 230,287,0110 $ 230,287,000
INTERNAL SERVICE FUNDS
Central Services 1,021,000
Fleet Management 16,772,000
Information Technology 19,121,000
Medical&Dental Insurance 41,543,000
•
Office of Inspector General 1,532,000
Property Management 11,709,000
Risk Management 23,325,000
FUND TOTAL $ 115,023,000
SPECIAL REVENUE FUNDS '
Education Compact 90,000
Resort Tax 81,838,000
Tourism&Hospitality Scholarships 80,000
Cultural Arts Council 1,286,000
5ostoinability 753,000
Waste Haulers 109,000
Normandy Shores 252,000
Biscayne Point 229,000
Allison Island 226,000
Biscayne Beach 232,000
5th&Alton Garage 676,000
71h St.Garage 2,470,000
Transportation 7,776,000
Tree Preservation 240,000
Commemorative Tree Trust Fund 4,000
People's Transpotaton Plan 3,560,000
Police Confireotians-Federal 130,000
Police Conflsealions•State 57,000
Police Crash Report Soles 146,000
Police Unclaimed Property 29,000
Pollee Training 25,000
Red light Camera 1,423,000
Residential Housing 824,000
E-91 1 591,000
Information&Technology Tech 300,000
Art In Public Places 121,000
Beach Renourishment 1,500,000
Beachhont Concession Inn:lives 44,000
Resiliency Fund 1,332,000
Sustainability and Resiliency Fund 193,000
Biscayne Bay Protection Trust Fund 85,000
Adopt•ABench 20,000
FUND TOTAL $ 106,641,000 S 106,641,000
TOTAL ALL FUNDS $354,106,000 $ 11,492,000 $ 19,805,000 S 230,287,000 S 106,641,000 S 732,331,000 S 115,023,000
loss Transfers 156,429,5001
GRAND TOTAL-ALL FUNDS $675,901,500
COMPOSITE EXHIBIT A
TOTAL EXPENDITURES BY FUND AND DEPARTMENT
Fiscal Year 2022
G.O.DEBT SPECIAL INTERNAL
FUNCTION/DEPARTMENT GENERAL SERVICE RDA ENTERPRISE REVENUES TOTALS SERVICE
MAYOR&COMMISSION $ 2,644,000
MAYOR&COMMISSION $ 2,644,000
ADMINISTRATIVE SUPPORT SERVICES $ 32,358,000 •
CITY ATTORNEY 6,160,000
CITY CLERK 1,802,000
Central Services 1,021,000
CITY MANAGER 4,858,000
Resiliency Fund 1,332,000
INSPECTOR GENERAL 1,532,000
FINANCE 6,526,000
HUMAN RESOURCES/LABOR RELATIONS 2,926,000
Risk Management 23,325,000
Medical&Dental Insurance ,41,543,000
INFORMATION TECHNOLOGY 19,121,000
IT Tech 300,000
MARKETING&COMMUNICATIONS 2,356,000
OFFICE OF MANAGEMENT AND BUDGET 1,507,000
ORG DEV&PERFORMANCE INITIATIVES 1,701,000
Education Compact 90,000
PROCUREMENT 2,800,000
ECONOMIC DEV.&CULTURAL ARTS $ 153,174,000
BUILDING 17,449,000
CODE COMPLIANCE 6,550,000
ECONOMIC DEVELOPMENT 1,578,000
ENVIRONMENT&SUSTAINABILITY 1,300,000
Tree Preservation 240,000
Commemorative Tree Trust Fund 4,000
Sustainability 753,000 •
Beach Renourishment 1,500,000
Beachfrant Concession Initiatives 44,000
Sustainability and Resiliency Fund 193,000
Biscayne Bay Protection Trust Fund 85,000
HOUSING&COMM.SERVICES 3,538,000
Residential Housing 824,000
PLANNING 5,014,000
TOURISM&CULTURAL DEV. 3,445,000
Convention Center 27,332,000
Resort Tax 81,838,000
Tourism&Hospitality Scholarships 80,000
Art in Public Places 121,000
Cultural Ms Council I,286,000
OPERATIONS $262,943,000
CAPITAL IMPROVEMENT PROJECTS 5,752,000
FACILITIES AND FLEET MANAGEMENT
Property Management 2,502,000 • 11,709,000
Fleet Management 16,772,000
Normandy Shores 252,000
Biscayne Point 229,000
Allison Island • 226,000
Biscayne Beach 232,000
PARKING 43,477,000
5th&Allan Garage 676,000 •
7th Street Garage 2,470,000
PARKS&RECREATION 38,632,000
Adapt•ABench 20,000
PUBLIC WORKS 15,001,000
Sanitation 22,170,000
Sewer 52,916,000
Storm Water 31,911,000
•
Water 35,032,000
Waste Haulers 109,000
TRANSPORTATION 7,776,000
People's Transportation Plan 3,560,000
•
COMPOSITE EXHIBIT A
TOTAL EXPENDITURES BY FUND AND DEPARTMENT
Fiscal Year 2022
G.O.DEBT SPECIAL INTERNAL
FUNCTION/DEPARTMENT GENERAL SERVICE RDA ENTERPRISE REVENUES TOTALS SERVICE
PUBUC SAFETY $219,625,000
FIRE 95,995,000
E-911 591,000
POLICE 121,229,000
Police Confiscations-Federal 130,000
Police Confiscations-State - 57,000
Police Unclaimed Property 29,000
Police Training 25,000
Police Crash Report Sales 146,000
Red light Camera 1,423,000
CITYWIDE ACCOUNTS $ 20,290,000
CITYWIDE ACCTS 9,733,000
CITYWIDE ACCTSNormandy Shares 252,000
CITYWIDE ACCTS.Operating Contingency 5,449,000
CITYWIDE ACCTS-Transfers
Info A Comm Technology Fund 300,000
PayAs.YouGo Capital 3,741,000
Capital Renewal 8,Replacement 815,000
Parking Contribution 0
G.O.DEBT SERVICE $ 11,492,000
G.O.DEBT SERVICE 11,492,000 •
RDA-City OF Transfer only $ 29,805,000
CITY CENTER 29,805,000
TOTAL-ALL FUNDS $354,106,000 $ 11,492,000 $ 29,805,000 $230,287,000 $106,641,000 $732,331,000 $ 115,023,000
Leas Transfers 156,429,5001
GRAND TOTAL-ALL FUNDS $675,901,500
FY 2022 APPROPRIATION BY FUND TYPE
$a0o,o00,000
$350,000,000
$300,000,000
$250,000,000
$200,000,000
$150,000,000
$100,000,000
$50,000,000
$0
TOTAL-AU,FUNDS
■General Fund Enterprise Fund •Internal Svcs Fund •Debt Service to Special Revenues •WA
EXHIBIT B.
CERTIFICATION
I, Richard Clements, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach Police
Confiscation Trust Fund, for the FY 2021/22 fiscal year providing funds for expenditures,
complies with the provisions of Section 932.7055(4) (a), Florida Statutes, and the Guide
to Equitable Sharing of Federally Forfeited Property for Law.Enforcement Agencies.
1Go 2,
Richard Clements
Chief of Police
Miami. Beach Police Department
(1)8/3( 1l
Date
EXHIBIT B
Miami Beach Police Department
Confiscations - Federal & State Funds
FY 2022 Proposed Budget
Federal Funds (603):
FY 2022
Proposed Budget
Organizational development travel & off-site testing $ - 70,000
Bulletproof vest partnership 60,000
Total Federal Funds (603) $ • 130,000
State Funds (607):
FY 2022
Proposed Budget
Crime prevention initiatives & School Liaison projects $ 30,000_
Costs connected with the prosecution/processing of forfeitures 18,000
Organizational supplement training to Law Enforcement Training Trust Fund 9,000
Total State Funds (607) $ 57,000
Total Federal & State Funds S . . . $ 187,000
•
•
2
EXHIBIT C
CERTIFICATION
I, Richard Clements, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach Police
Training &School Resources Fund, for the FY 2021/22 fiscal year, to provide funds for the
education of police personnel at various schools, conferences, and workshops and for the
purchase of training and operational supplies, is in accordance with the guidelines
established by the Division of Criminal Justice Standards and Training, as provided by
Section 938.15 and 943.25, Florida Statutes.
Richard Clements
Chief of Police
Miami Beach Police Department
ogi tt at
Date
•
I �
•
EXHIBIT C
Miami Beach Police Department
Police Training and School Resources Fund
FY 2022 Proposed Budget
Police Training and School Resources Funds (608):
FY 2022
Proposed Budget
Education of police personnel at various schools, conferences, and workshops,.as well $ 25,000
as training and operational supplies
Total Funds • $ 25,000
•
•
2
EXHIBIT D
Miami Beach Police Department
Unclaimed Property Account
FY 2022 Proposed Budget
Special Revenue Funds:
FY 2022
Proposed Budget
Community activities $ 16,000
Law enforcement equipment and supplies 0,000
Facilities maintenance 8,000
Total Funds $ 29,000
•
EXHIBIT E
CULTURAL ARTS COUNCIL GRANT RECOMMENDATIONS FY 21/22
Miami Beach Cultural Anchors •
Recommended,FY
21/22 Funding
Florida International University-Miami Beach Urban Studios $20,916
Florida International University-Wolfsonlan 526,754
Florida International University-Jewish Museum of Florida $21,672
Friends of the Bass Museum,Inc. $23,688
Miami Beach Garden Conservancy,Inc. $22,176
Miami City Ballet $22,176
Miami Design Preservation League $21,420
Miami Music Festival 522,176
Miami New Drama $23,436
New World Symphony $27,342
O'Cinema(Living Arts Trust) $20,916
Oollte Arts $26,460
The Holocaust Memorial Committee,Inc. $22,176
The Rhythm Foundation,Inc $23,184 •
University of Wynwood $22,428
SUBTOTAL • - • _ $346,920
•
Miami Beach Cultural Presenters Recommended FY
21/22 Funding
FILM
Center for the Advancement of Jewish Education(CAIE) $17,600
inffinito Art&Cultural Foundation,Inc.(Brazilian Film Festival) $16,600
Miami Gay and Lesbian Film Festival,Inc. $17,400
Miami Short Film Festival $8,200
SUBTOTAL • $59,800
MULTI-DISCIPLINARY
Edge Zones $16,800
FUNDARiE,inc. $17,400
Miami Light Project $8,600
National Foundation for the.Advancement in the Arts,Inc-(Young Arts) 517,600
Yiddishkayt Initiative,Inc. $15,000
SUBTOTAL $75,400
THEATER •
Fantasy Theater Factory $18,000
SUBTOTAL. $18,000
VISUAL ARTS
Bas Fisher Invitational,inc. $18,000
SUBTOTAL • $18,000
OPERA ,
Florida Grand Opera $17,200
SUBTOTAL $17,200
DANCE
Ballet Flamenco La Rosa,Inc S16,200
Cuban Classical Ballet of Miami Corp. $16,600
Miami Hispanic Ballet Corp. $16,800
Peter London Global Dance Company,Inc $16,600
Siempre Flamenco,Inc. $16,200
The Dance NOWI Ensemble,Inc. $17,000
SUBTOTAL . . • $99,400
MUSIC
Community Arts and Culture,Inc. $16,200
Great Miami Youth Symphony of Dade County $1,260
Miami Chamber Music Society $17,400
Miami Children's Chorus,Inc. $10,560
Miami Gay Men's Chorus $3,045
Miami Music Project $17,800
Miami Symphony Orchestra 516,600
Nu Deco Ensemble,Inc. $18,200
Orchestra Miami $16,600
Power Access,Inc(South Beach Jazz Festival) 517,200
Seraphic Fire 517,000
South Beach Chamber Ensemble,Inc. S12,900
Young Musicians Unite 517,600
SUBTOTAL • $182,365
SUBTOTAL.(Cultural Presenters) • $471,165
TOTAL(Cultural Anchors and Cultural Presenters) $818,085
•
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET '
ADMINISTRATION RECOMMENDATION
Adopt the Budget
ANALYSIS
BACKGROUND �
The Miami Beach Visitor and Convention Authority(MBVCA)was created and exists pursuant to Chapter
67-930 of the Laws of Florida and Sections 102-246 through and including 102-254 of the Code of the City
of Miami Beach(CMB).
According to Sec. 102-251,the MBVCA is to take"all necessary and proper action to promote the tourist
industry for the city, including but not restricted to causing expert studies to be made, promotional
programs,the recommendations and development of tourist attractions and facilities within the city,and
to carry out programs of information, special events, convention sales and marketing, advertising
designed to attract tourists, visitors and other interested persons." The MBVCA also has the duty of
making all necessary rules and regulations for the efficient operations of the authority.
The MBVCA is a seven-member authority. Each member is appointed by the City of Miami Beach
Commission,with the goal of encouraging,developing and promoting the image of Miami Beach locally,
nationally and internationally as a vibrant community and tourist destination. To this end, the MBVCA
strategically focuses its funding investments in a balanced manner, fostering outstanding existing
programs,stimulating new activities,and encouraging partnerships.The MBVCA is committed to a careful,
long-term plan for allocation of resources to build the uniqueness of Miami Beach as one of the world's
greatest communities and tourism destinations.
A budget revenue projection is provided to the MBVCA by the City of Miami Beach Budget Office annually
based on 5%of the 2%Resort Tax,less 4%for administrative allowance. On an annual basis the MBVCA
must provide the City with a budget, on City forms,based on this projection as outlined in Sec. 102-252,
before October 1st.
The MBVCA normally budgets funding below the City's projection, as the collection of funds can differ
substantially from projection,such as the result of unanticipated problems like an airline strike,terrorism,
economic issues or storms.In 2008,revenue collections came in$48,000 under the estimated projection,
and in 2001 the revenue collection was down approximately$300,000 from projection.When and if there
are unallocated funds remaining at the end of the budget year, those funds are either rolled over and
allocated in the next budget year, or retained in MBVCA accounts for future reserves, endowment
funding; to address any funding reductions in future years. In 2001, by statute, the MBVCA began
investing in the creation of an endowment fund.
The MBVCA is required by law to maintain reserve bank accounts in approved public depositories, with
sufficient reserves to cover one year of funding, which it does. Reserves are maintained to pay grant
recipients(contracted)for the previous program funding cycle,and to ensure that sufficient funds can 11 e
invested to stimulate tourism in the future. The level of reserves was modified in 2011 in order to
maximize the value and impact of tourism directed funds.
The MBVCA submits an annual Program of Work to the CMB as required by Sec.102-281.
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MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
FY 2020/2021 REVIEW/TOURISM ADVANCEMENT PROGRAM(TAP)
The MBVCA Tourism Advancement Program (TAP) was established to promote Miami Beach as a
sophisticated tourist destination by increasing the number of visitors; through the enhancement of
visitors'experiences;through the allocation of funds granted to events or programs that bring visitors to
the CMB and strengthen the CMB brand. In fiscal year 2020/2021,the MBVCA funded the TAP in seven
categories,including: Development Opportunities, Film Incentive,Major One Time Special Event,Special
Events Recurring,Special Projects,Special Projects Recurring, and Tourism Partnerships.
A total of$686,625 was awarded in FY 2020/2021, compared to $804,000 in FY 2019/2020. Due to the
COVID-19 global pandemic,the events scheduled between March 2020 and March 2021 were cancelled
or postponed;therefore,decreasing the grants the MBVCA normally awards.
Grants funded in partnership with the CMB are critical, branded tourism-related programs, such as the
Food Network&Cooking Channel South Beach Wine+Food Festival and UNTITLED, Art in Miami Beach;
both examples of events whose beginnings in Miami Beach stem from grants provided by the MBVCA;
events that could easily be recruited by other destinations.
FY 2021/2022 TOURISM ADVANCEMENT PROGRAM
The MBVCA strategically focuses its funding to maximize tourism and brand;to improve Miami Beach by
focusing on events and projects that generate significant publicity;strengthen brand and increase tourism
(generating critical resort taxes for Miami Beach). The Board pays significant attention to marquee
events.
Review process:
For over a decade,the MBVCA has used a multi-level review process for its grant program and the process
is reviewed annually.The process includes a mandatory pre-proposal staff conference to discuss MBVCA
policies, procedures, and the TAP. During the meeting, MBVCA administration advises each potential
applicant regarding the eligibility and appropriateness of the proposed project and determines the grant
category best suited to the potential applicant. Once it is determined that the project is eligible, the
MBVCA administration provides further detail, including required attachments, relevant meeting dates,
deadlines, and access to the online Application Portal.The applicant is provided with an overview of the
application submission process. All applications are submitted through the online Application Portal in,a
multi-step format.All grant formats and policies are available on the MBVCA website. By Florida law, all
MBVCA meetings are advertised and open to the public;all records are public records.
Annually, the MBVCA Board reviews and refines grant guidelines with respect to efficacy and
effectiveness.In FY 2012/2013,the MBVCA implemented changes to its funding caps and declining scale.
The new declining scale and funding caps allowed the MBVCA to diversify their funding into other areas
and initiatives as requested by the City Administration and/or the Board. In FY 2020/2021 the MBVCA
voted to revise the Major One Time Special Event and Special Events Recurring minimum criteria by
reducing the hotel requirement from 275 hotel room nights to 200 hotel room nights,while maintaining
the media impressions and viewership minimum requirements at 1,000,000 each. The Special Projects
and Special Projects Recurring hotel room night requirements were reduced from 1,500 hotel room nights
to 1,000 hotel room nights; with the media impressions reduced from 150,000,000 to 100,000,000 and
the viewership requirement reduced from 15,000,000 to 10,000,000. In addition,the Board continued to
allow for the submission of hotel agreements in place of fully executed hotel contracts,to meet the hotel
2
EXHIBIT F
•
MBVCA FY 2029/2022 COMMISSION MEMO AND BUDGET
requirement,as long as they were entered into by the Applicant Organization.This allowed for groups to
assume less risk when entering agreements and to encourage new events to apply.
The Board also continued to allow applicants to submit their reviews and/or audits using Generally
Accepted Accounting Principles(GAAP),as well as,prepared in accordance with Statements on Standards
for Accounting and Review Services promulgated by the Accounting and Review Services Committee Of
the AICPA,for tax basis financial statements.
The grant criteria guidelines were reviewed for clarity and accuracy, requiring fully executed agreements
and contracts to be submitted prior to proceeding with the next step in the application process. The
application requires hotel room block agreements and/or blocks; fully executed media contracts or
confirmed and generated media impressions, and/or broadcast/cable/TV contracts,in order to proceed
with the grant submission. The criteria must be confirmed before and after funding is awarded and grant
applicants must meet two of the three criteria in place for each of the MBVCA grant categories.MBVCA
grants are paid upon performance;therefore,grantees are required to provide post-performance reports
in the form of reservation or pick-up reports from Miami Beach hotels;impressions reports garnered from
the organization's PR Firm, or accompanied by third party confirmation from a media monitoring/press
clipping service such as BurrellesLuce to prove media impressions,and/or a broadcast post-performance
report from a third party reporting delivery of Adult 18+and Households (NH) in Thousands (000) from
Nielsen,Over The Top(OTT),or Comscore/Rentrak for viewership.
The MBVCA guidelines and application process place emphasis on defining and measuring the economic
impact of each event, as well as,considering the impact and value of marketing,publicity,and television
origination/viewership.Questions concerning the economic impact of the program,including requiring an
explanation of various aspects of the marketing plan, and how the numbers of hotel room nights a ie
calculated and where they are contracted,are also required as part of the application.Standardized recap
sheets and point systems have been developed to give each applicant a score that rates potential success.
In 2020/2021,specific point systems were developed and implemented for each of the grant categories.
The redesign allowed for a better alignment with the minimum requirements in place within each grant
category,focusing the scoring on the 3 grant criteria in place,of which an applicant must meet two.
Using this tool,the MBVCA is better equipped to evaluate the applicant's long-term commitment to the
community; commitment to brand enhancement;value to tourism, and overall economic impact. Tie
MBVCA Board then votes on each specific and individual grant, and evaluates the grant request,funds
available, and possible extenuating circumstances after a formal presentation is made by the grant
applicant to the Board.A question-and-answer period follow,with further discussion as needed.
RECURRING PROJECTS:
The MBVCA has a current policy in place to fund recurring projects on a declining scale.The declining scale
encourages recurring events to recruit corporate and private sponsorship and therefore, not solely rely
on MBVCA funds as a means of sustaining the event year after year. The award category establishes
funding caps for recurring events,funding that can be reduced based on the maximum request for the
specific grant category. Below is the current scale,implemented in FY 2012/2013,and applicable to both
non-and for-profit agencies.The declining scale will remain in place for FY 2021/2022.
3
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
Year 1 Initial Grant Award
Year 2 No more than 80%of Eligible Request
Year 3 No more than 70%of Eligible Request •
Year 4 No more than 60%of Eligible Request
Year 5 New Cycle Begins
CATEGORIES:
TAP funds are currently awarded in seven categories, including: Development Opportunities, Film
Incentive, Major One Time Special Event, Special Events Recurring, Special Projects, Special Projects
Recurring, and Tourism Partnerships.The MBVCA has developed pre-eligibility criteria for grants within
these categories. The criteria allow staff to determine eligibility and the appropriate grant
category. Applicants must meet two of three of the criteria noted.
Grant Category Contracted Hotel Contracted Media Contracted Television and/or Cable
Room Nights Impressions Broadcast
Development 70 200,000 500,000
Opportunities
Film Incentive* 200 N/A N/A
Major One Time Special 200 1,000,000 1,000,000
Event
Special Events Recurring 200 1,000,000 1,000,000
Special Projects 1,000 100,000,000 10,000,000
Special Projects Recurring 1,000 100,000,000 10,000,000
Tourism Partnerships 175 500,000 5,000(visitors/attendees/participants)
*Specific requirements are in place for the Film Incentive Grant Program.
Budget •
Budget(TAP)FY 2021/2022:
The MBVCA has budgeted $1,668,000 for FY 2021/2022 for its Tourism Advancement Program which
reflects 53% of the total budget. This grant funding reflects an increase of $469,100 from FY
2020/2021. This increase is due to the return of many events that were cancelled or postponed due to
the global pandemic during FY 2019/2020 and FY 2020/2021.
• The Tourism Partnerships category is budgeted at$90,000,reflecting 3%of the total budget for
2021/2022. The category currently includes applicants at the maximum request cap of$30,000.
Three applications are anticipated to be received.
• The Major One Time Special Event category, representing 7%of the total budget, is budgeted at
$225,000 for 2021/2022. The MBVCA expects four to five new events to apply at a maximum
request of$45,000 each.The MBVCA works tirelessly to stimulate and recruit new events and•is
willing and prepared to fund valuable tourism and brand related events.In fact,the MBVCA works
with all partners, city leadership and media to solicit appropriate new projects. New applicants
are expected to include the Slamdance Film Festival,North Beach Music Festival,and two to three
additional projects.
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EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
• The Special Events Recurring category, reflecting 14%of the total budget,has been calculated at
$456,000 for FY 2021/2022 based on the established declining scale and the number of applicants
anticipated to return.
• The Special Projects category is budgeted at $180,000 with two applicants expected at the
maximum request of$90,000 representing 6%of the total budget.
• The Special Projects Recurring category is budgeted at$527,000 and represents 17%of the total
• budget. Anticipated applicants include Art Basel Miami Beach; the Orange Bowl Marketing
Campaign;the Food Network&Cooking Channel South Beach Wine+Food Festival;Paraiso Swim
Fashion Miami Beach; and the Miami International Boat Show. These events, recruited and
sustained by the MBVCA,are all marquee events and annually fill the City's hotel rooms.
• The Film Incentive category is budgeted at $100,000 for FY 2021/2022 representing 3% of the
budget.
• The Development Opportunities category is budgeted at$90,000 for FY 2021/2022, representing
3%of the budget;in anticipation of 2 applicants at the maximum request of$30,000 each.
Partnerships
Tourism Enrichment and has been budgeted at $130,000 for FY 2021/2022, representing 4% of the
budget.This will allow for partnerships with the Miami Beach Cultural Arts Council, for the No Vacancy
and other institutions to generate and attract between 1-3 citywide projects and initiatives that highlight
the entire destination.
Another project is the Miami Beach Visual Memoirs Project that was launched in 2011/2012 to record,
catalogue and warehouse personal and eyewitness accounts of the history of the City of Miami Beach,
The deliverables included a recorded detailed history of Miami Beach through personal interviews;
creating collateral materials about the history of Miami Beach and identifying comprehensive exhibit
concepts that can be implemented to execute a comprehensive visual memoir library and promotional
campaign.
The Miami Design Preservation League (MDPL) in partnership with Close-Up Productions has conducted
a total of 137 interviews to date. In previous years,components have included an exhibit that was open
to the public daily and free of charge,initially from mid-October through late November 2012,re-opening
during Art Deco Weekend 2013.The documentary played on a loop in the lecture hall portion of the Art
Deco Welcome Center.An educational component was also developed that included a video and teacher
guide for Miami Beach Middle Schools and used as a model for other educational videos to be used with
Elementary and High School students. Videos were prepared for archival as part of a statewide university
consortium.A digital promotional portal showcasing the video archive with links highlighting other Miami
Beach historical resources and housed at institutions in Miami Beach and Miami Dade County,were also
developed.The"Windows on Miami Beach" portal generated local interest and support through school
contests and online displays created by students and portal partners; daily and weekly calendars of
partners' events; social media linkages that drove people to the new website and its resources; easier
access to the interviews, educational videos and curricula produced by the Visual Memoirs Project;
patronization of museums and historic sites on Miami Beach, and promoted Miami Beach as a tourist
destination through historic and artistic connections.
' 5
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
Additionally, the project developed a video on Barbara Baer Capitman, "Barbara's Crusade", that
premiered during Art Deco 2017.The project's website, miamibeachvisualmemoirs.com,was rebuilt for
new and readily expandable internet access.The project stored archives through FIU's Digital Archive and
continued to expand full-length interviews in an effort to stimulate interest in Miami Beach's history and
historic venues.The social media exposure attracted nearly 500 followers on the project's Facebook page.
The ON-MiamiBeach.com Portal added a separate"Learning and Teaching"section that included links to
current videos and mini co-curations and videos about Miami Beach by the portal partners and students.
The Project has continued to enhance its community and visitor awareness of the Portal through partner
organizations'cross-promotional efforts and increased social media integration.New interviews continue
to take place; thereby, augmenting the existing database. In addition, an architectural discussion was
mounted at the Wolfsonian Museum during Art Deco Weekend 2018 that included leading architects
discussing preservation architecture and the combining of styles within the expansion on Miami Beach.
The Project has also continued to expand its distribution on cable,social media,digital libraries,and their
linked websites. A YouTube channel has been launched featuring additional interviews conducted
throughout FY 2018/2019. In addition, a total of 6 segments were produced using video material culled
from the Visual Memoirs archive,along with an additional 10 interviews.
In FY 2019/2020,the Project's mission was to continue to add interviews with interesting people and also
enter an intensive phase of promoting the archive and video mini features to an even wider range of
tourists,documentary makers,journalists,scholars and history buffs.The organizers continued to explore
strategic partnerships with other institutions with a shared interest in Miami Beach history, such as a
partnership with Florida International University's Digital Library.This resulted in a link with the National
Digital Public Library,where usage of the archived material has increased dramatically in the past year.
In addition, a program for students to produce videos incorporating interviews from the Miami Beach
Visual Memoirs(MBVM)archive was created.After several in-school presentations,the program was put
on hold due to COVID-19 precautions; however, the instructor plans to make the program part of her
ongoing curriculum, with plans to introduce the program on the college level in the fall of 2021. In
addition,the extensive library of edited videos was used as part of the live promotional video streaming
for Art Deco Weekend by the City of .Miami Beach, in addition to their existing promotional
outlets. Additional interviews were also held.
In 2020/2021, the program's emphasis was on the development of 6 news-style videos featuring the
people and events that have been part of the fabric and history of Miami Beach.They included character
profiles of interesting people who have been influential in some aspect of the Beach's culture. Key places
on Miami Beach,such as Lincoln Road Mall,South Beach and the impact of the Giovanni Versace murder,
and the "MiMo"phenomenon, were highlighted. These virtual tours were accentuated historic events
and figures into the fabric of the Beach today. The news features included 3 - 5-minute reports that
archived resources to produce informative stories on themes relevant to Miami Beach. An additional 6
interviews with persons involved in City development and events important to Miami Beach, were also
conducted. The MBVCA expects to partner with the Miami Beach Visual Memoirs Project once again in
FY 2021/2022.
• 6
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
In FY 2020/2021,the MBVCA partnered with the City of Miami Beach to assist with the funding of the No
Vacancy, Miami Beach project that was scheduled to take place May 7 — 17, 2020. The project is a
contemporary art experience that celebrates artists,provokes critical discourse,and invites the public to
experience Miami Beach's famed hotels as destination art spaces by turning hotels into temporary cultural
institutions. The art was to have been exhibited throughout ten (10) hotels in Miami Beach - lobbies;
restaurants, lounges, patio areas, rooms, balconies, and swimming pools were available to serve as the
canvas. Due to the pandemic,the project was postponed and took place December 2-12,2020. During
its inaugural year, the project hosted 10 artists in 10 Miami Beach hotels. It is estimated that at least
10,000 persons experienced at least one of the art projects in person,throughout its 10-day activation!
The 10 selected artists included Coral Morphologic, Miami, FL.; Diecast, Philadelphia, PA; Scenocosme,
Rhone-Alpes, France; Anna Kell, Lewisburg, PA; Karelle Levy, Miami Beach, FL;Jillian Mayer, Miami, FL;
Kerry Phillips,Miami,FL;Birgit Rathsmann,Brooklyn,NY;Sterling Rook,Miami,FL;Federico Uribe,Bogota',
Colombia& Miami, FL.The participating hotels included the Avalon Hotel,The Betsy Hotel South Beach;
Catalina Hotel & Beach Club; Hotel Croydon; Hyatt Centric; Kimpton Palomar; Lennox Miami Beach;
Plymouth Hotel; Riviera South Beach,and The Confidante.
No Vacancy,Miami Beach is committed to providing art experiences that are accessible to everyone,free
and open to the public as well as reinventing Cultural Tourism on Miami Beach.
In FY 2021/2022,the MBVCA expects to once again partner with the City to assist with the promotion and •
expansion of No Vacancy, Miami Beach.
Initiatives
The MBVCA expects to support new initiatives in FY 2021/2022. Strategic plans,goals and initiatives are
developed through consultation;the result of ongoing communications with the Mayor,Commission,and
City Administration.
Public Relations Initiative
In FY 2013/2014, the MBVCA issued a Request for Qualifications (RFQ) for a P.R. agency of record
to enhance Miami Beach's image, after their initial Request for Proposals (RFP) issued in FY 2011/2012.
The MBVCA selected Hill & Knowlton/SAMCOR (H+K) to support the MBVCA efforts by continuing to
increase brand awareness through strategic media outreach to consumer and travel trades,major event
recruitment,and business and corporate communications programs. There is an allotment of$250,000,
representing 8%of the total budget,towards this effort.
The current contract with H+K runs through September 30, 2021, in FY 2020/2021. Objectives include
comprehensive destination marketing and communications consulting services to continue to expand
public relations and marketing;an increase to the overall social media footprint through all social media
handles, both MBVCA and Experience Miami Beach, and marketing of Miami Beach to international and
national visitors,complimenting the efforts of the GMCVB. H+K has an extensive presence in the US and
internationally. The agency's ability to network and leverage its global relationships is crucial to thie
growth of the'Miami Beach'brand. •
H+K created and distributed a total of 15 press releases and pitches during their first year as agency of
record, garnering 3,416,581,560 media impressions and 12 press releases during their second year,
generating 3,913,341,910 media impressions. In their third year, H+K generated 2,783,369,818 media
•
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
impressions through the issuance of 12 press releases and a Harris Poll Survey that was conducted to
determine why people visit Miami Beach. During their fourth year,H+K developed and released a total of
12 press releases and 1 pitch, generating a total of 1,492,734,059 media impressions, valued at
$15,615,214.75.During its fifth year H+K wrote and released 12 press releases,generating 1,410,465,887i
media impressions, valued at $15,638,438.52. During its sixth year, a total of 15 press releases were
written and distributed, generating 1,272,729,422 impressions valued at$14,353,222.76. During their,'
seventh year, a total of 15 press releases and 1 Audio News Release (ANR) were distributed generating
1,302,477,118 impressions valued at$1,583,728.46. During their eighth year,a total of 13 press release
were distributed,generating a total of 1,042,610,221 impressions with a value of$1,041,811.24. In their
ninth year in working with the MBVCA,H+K released a total of 9 press releases to date,generating a total
of 1,037,774,810 media impressions,with a value of$1,125,659,124.31.In addition,H+K worked with the
MBVCA, in collaboration with the GMCVB and the City of Miami Beach, to develop specific marketing
campaigns to ensure the development and delivery of a cohesive message to lure tourists back to Miami'
Beach.
In FY 2021/2022,the PR contract will go out to bid via an RFP process.A cohesive scope of services has
been developed in conjunction with the GMCVB,to avoid duplicity of efforts and deliver a united message
that Miami Beach is open and welcoming back its visitors,post-pandemic.
Destination Marketing •
The Destination Marketing allocation reflects 13%of the total budget for FY 2021/2022.This allocation
provides for the additional placement of stories and press releases on the PR Newswire as well as the
continuation of our Blogger Program,FAM trips,online sweepstakes to promote increased activity on our
social media channels,as well as ticket giveaway promotions/sweepstakes from MBVCA-funded events.I
Projects will include the continuation of the Forbes Travel Guide Online Hospitality Training,offered free
of charge to Miami Beach-based employees. The online training allows for a larger number of employees
to be trained virtually and according to their role within the organization through the availability of specific
Learning Paths.The MBVCA's partnership with Forbes Travel Guide will also include online"live"webinars
that were incorporated during the pandemic when live trainings could not be conducted. Due to their
popularity,they will again be offered during the upcoming fiscal year,for both Frontline and Leadership
level employees,and available to all hospitality employees.
App Marketing
The MBVCA wishes to continue to provide visitors with timely and relevant information about the City of
Miami Beach; its public and private attractions, services, hotels, businesses, and events in order to
enhance visitors' (and residents') experiences. Visitors to Miami Beach - all visitors worldwide — are
increasingly using technology to navigate cities or make decisions about leisure experiences, dining,
parking, entertainment, and travel in general. Worldwide, technology is king. Many visitors already use
the free Miami Beach Wi-Fi service, CMBWiFi, to access the information they need at select public
locations around town.
Since its latest version release, the newly renamed Experience Miami Beach (EMB) App, formerly thie
Miami Beach Information(MBI)App,has added new and exciting features for the end-user that include1a
side-swipe feature; listing the information in an A-Z format;the addition of new categories that included
Shopping, Nightlife, Art &.Culture, and Restaurants, and the creation of the "My Miami Beach" section
8
EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
where users can add events, photos, and itineraries as they navigate the App.The App also features a
"Deals" section that has special promotional rates or offers developed by MBVCA grantees that can be
cross-promoted through MBVCA grantees and social media pages such as Facebook, Twitter, and
Instagram.The App has now been downloaded nearly 16,027 times(as of July 2020),across the Android
and iOS platforms. Approximately half of all downloads come from European users seeking to learn about
Miami Beach.
During FY 2020/2021, the App's name was changed to Experience Miami Beach, from Miami BeacF
Information, to be better aligned with the MBVCA's social media accounts. In addition, the App was
promoted through partnerships with the MBVCA grantees, featuring various events and upcoming
grantee events.
In 2021/2022,the MBVCA will continue to promote the App through social media;the MBVCA website,
and grantee partnerships. Deals, promotions, and special notices will be posted and promoted through
the App as well.
IT Development
The MBVCA's preliminary review of opportunities and needs was initiated in spring 2011 in consultation
with area experts,and subsequent to a public meeting sponsored by the MBVCA,as a situational analysis.
The MBVCA released an RFP in January 2012 and awarded a one-year contract to Just Program LLC dba
Solodev on May 22, 2012. The purpose of the RFP was to develop a Miami Beach-focused web-based
digital content management system (CMS) and modifiable database to support third party mobile
applications via an application programming interface(API).
Currently, the API is fully functional with 253 different categories of businesses, each averaging 90
different services and amenities. Web and App developers can use these attributes to create new and
exciting experiences for their end-users.
In FY 2020/2021, the API upgrades included the updating of various sections within the business
categories. They also included adding whether a restaurant/bar/nightclub's event space is considered
small, medium, or large; the changing of celebrity chef to executive chef, expanding the Cuisine type,
adding services,and what the restaurant is"good for"within the restaurant category;adding services and
amenities to the Bars category; changing form fields and services within the Nightclub category; adding
"Dorm Style".to the type of hotel room within the hotel category, as well as,adding property and room
amenities;adding additional services to the Beauty Parlors category,and adding Health&.Safety Measures
throughout all of the business categories.
In 2021/2022,$0 has been allocated towards IT development and marketing of the API/App. The MBVCA
will continue to work with City personnel to ensure the business information within the API is the most
up to date.
9
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EXHIBIT F
MBVCA FY 2021/2022 COMMISSION MEMO AND BUDGET
Research and Development
The MBVCA will develop a strategic list of major events worldwide as the result of ongoing
communications and consulting with all partners. We expect to investigative some of these events with
the goal of the development of a new major event for the destination. They will continue to work with
their PR firm of record,to compile a list of major events that could be attracted to the destination.The
MBVCA will also continue to work with local partners. A total of$3,000 has been allotted for Research
and Development.
Proiected Cash Flow Reserve
The MBVCA has budgeted$2,000 of the total budget,for cash flow reserve in FY 2021/2022.The City of
Miami Beach allots resort tax payments to the MBVCA a month after its collection;therefore, as a fiscal
responsibility,the MBVCA has built in a projected cash flow reserve to its budget to ensure that all grants,
awarded will have the necessary funds to be reimbursed upon proper request and documentation.
Administration and Overhead
The MBVCA's administration and benefits costs are budgeted at$457,000 for FY 2021/2022.This figure
represents 15%of the total budget. The overhead allocation is budgeted at$160,000 which reflects 5%1
of the overall budget.The increase from FY 2020/2021 is attributed to a fully open office, post pandemic,'
along with a 1%COIA increase for all employees.The total administration and overhead are 20% of the,
total budget.
Reserves
A total of$700,000 is being transferred from reserves to supplement the FY 2021/2022 budget.
Conclusion
During their July 21,2021 meeting,the MBVCA Board recommended the Mayor and City Commission
adopt the MBVCA Budget for FY 2021/2022 in the amount of$3,145,000,as reflected in Exhibit A.
10
EXHIBIT F
MIAMI BEACH VISITOR AND CONVENTION AUTHORITY
FY 2021/2022
%OF
APPROVED PROPOSED PROPOSED
FY 2020.2021 FY 2021.2022 VARIANCE FY 2021.2022
BUDGET
REVENUES
Unrestricted
Rollover $ 0 $ 0 $ 0
Reserves $ 1,500,000 $ 700,000 $ (800,000) 22%
Projected Resort Tax $ 1,075,000 $ 2,445,000 $ 1,370,000 78%
TOTAL REVENUES $ 2,575,000 $ 3,145,000 $ 570,000 100%
EXPENDITURES
Administration&Benefits $ 432,000 $ 457,000 $ 25,000 15% ,
Operating Expenses $ 150,000 $ 160,000 $ 10,000 5%
Capital $ 0 0%
Total Administration $ 582,000 $ 617,000 $ 35,000 20% ;
1
GRANTS -Tourism Advancement Program
Tourism Partnerships $ 81,000 $ 90,000 $ 9,000 3%
Major One Time Special Event $ 180,000 $ 225,000 $ 45,000 7%
Special Events Recurring $ 500,400 $ 456,000 $ (44,400) 14%
Special Projects $ 72,000 $ 180,000 $ 108,000 6% '
Special Projects Recurring $ 229,500 $ 527,000 $ 297,500 17%
Film Incentive $ 100,000 $ 100,000 $ 0 3%
Development Opportunities $ 36,000 $ 90,000 $ 54,000 3%
Total Tourism Adv.Program $ 1,198,900 $ 1,668,000 $ 469,100 53%
PARTNERSHIPS
Tourism Enrichment $ 105,000 $ 130,000 $ 25,000 4%
Total $ 105,000 $ 130,000 $ 25,000 4%
•
•
MARKETING/PR/TECHNOLOGY
Marketing/Communications and PR $ 250,000 $ 250,000 $ 0 8% 1
Destination Marketing $ 387,100 $ 400,000 $ 12,900 13%
APP Marketing $ 0 $ 0 $ 0 0%
IT Development $ 0 $ 0 $ 0 , 0% ,
Total $ 637,100 $ 650,000 $ 12,900 21%
OTHER
Initiatives $ 50,000 $ 75,000 $ 25,000 2% '
R&D $ 0 $ 3,000 $ 3,000 0%
Projected Cash Flow Reserve $ 2,000 $ 2,000 $ 0 0%
Total Other $ 52,000 $ 80,000 $ 28,000 3%
TOTAL $ 2,575,000 $ 3,145,000 $ 570,000 100%
11
MIAMI BEACH
Tourism and Culture Department,1755 Meridian Ave,
5th Floor,305-673-7577
CITY MANAGER AND CITY CLERK SIGNATURE REQUEST
COVER SHEET
Date: 05/05/2022
Document: ICA between the City of Miami Beach and artist Cara Despain for temporary public
art installation during Aspen Ideas:Climate(May 9-12). Document routing form and resolution
2021-31872 attached.
Department:Tourism and Culture
Contact Person:Joshua Carden
Extension: 26127
Email:joshuacarden@miamibeachfl.gov
Please return to:Joshua Carden
Extension: 26127
Email:joshuacarden@miamibeachfl.gov
e
tA I AMI BEACH ontr Cact/Documnt Routing Form
ti
'ontract N....„. Title •
ICA Between The City of Miami Beach and arist Cara Despain for temporary public art
installation during Aspen Ideas:Climate(May 9-12)
Go'ntractor`- h • b 4Re.'[estmtDe act-Mint
Cara Despain Tourism&Culture:Brandi Reddick
"-Lib
,De"artnmentDire'c'tot;Na g:natbre " • `tALM Name&:Si:A/1`
Lissette Garcia Arrogante Marcia Monserr. '
.. DocementT".'eSefectOrie; " .
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
x Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
BriefSum , P„ . . a . i-. , ,zx ,, ,,i _ , . �
ma ,&�Pur.ose�attach:memo,if;additibnxl s ace;rs necessa b •"'
In conjunction with the Aspen Ideas:Climate conference taking place on Miami Beach May 9-12,2022 the Miami-Dade
County Department of Cultural Affairs and City of Miami Beach will present a series of temporary site specific public art
commissions,film screenings,and performances highlighting issues related to climate change and sea level rise.
Cara Despain will present Plastocene Swimwear Line-a line of women's swimsuits intended to intervene in the problematic
clothing and fashion swimsuit industry.Incorporating imagery of ocean garbage and flooding impacts from sea level rise,
Plastocine Swimwear Line will disrupt luxury and leisure industries'expected narratives in a call to action.The line will be
available in a pop-up shop,interventions in clothing stores,and exhibited in a fashion show.
mat Tertrr r'' :' -„' Reneswal Penpds"•' . Total Terrri Origl`nal+Renewals
March 31-May 15,2022 n/a March 31-May 15,2022
• Eundt'.lnfor' ation:
Grant Funded: Yes X No State Federal Other:
Cast&.Fundin:'Source '.
AnnUal Cost Accotiint IKIMETEMZEMIS
1 $9,200 160-4300-000349-00-406-555-00-00-00- Yes X No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
; •-47'4.fit. .. ri:i[' ?P3 c.�:w.7t"' ( :t''AUtHUf`it t0'S1 n <�'S3? < a $ .. 140,.
City Commission Approved: Yes X No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2021-31872
If no,explain why CC approval is not required:ICA below$100,000,City Manager has authority to sign.Funds have been
previously budgeted.
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
, �.._ _ w ..,;...> .. _zb 7Com !ia ceA:::rovalss see.attaeted � , L „tt.t:_:
Procurement: Grants: N/A
•
Budget: -rats Information Technology: N/A
Risk Management: Fleet&Facilities: N/A
Human Resources: r Other:
E � r „2 .G °r'w`4.�nt•`�^
:. .:;. . Irish ! �gri r 69ixple.tEg 8i p frog contrac eouerghee
1. Every field must be completed. If requested information is not applicable,enter NA.
2. It is advisable to confirm authority to sign,funding/account information, risk management compliance,and
controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document.
3. Attach all supporting documentation(e.g., resolutions,commission memorandums,etc.)when routing.
4. When creating workflow in DocuSign,in addition to the department head and applicable assistant/deputy city
manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section
below are included in the approval path. Note that compliance approvers must approve prior to ACM.
5. The City Manager does not need to sign the coversheet.
6. If you have any questions,contact the Procurement Department.
xa,,.
When routing documents for approval by the city manager,in addition to the department head and applicable city
manager, make sure the following individuals (or designees) are included in the approval path depending on each
contract type.
Type 1—Contract,amendment,or task order for the purchase for the purchase of goods or services resulting from
competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement-
issued competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart).
• Risk Management(Sonia Bridges)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled,purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 3—Independent Contractor Agreements
• Human Resources Director
Type 4—Grant agreements when City recipient
• Grants(Judy Hoanshelt)
Type 5—Grant agreements when City grantor
• As appropriate depending on grant type
Type 6—Tenant agreements
• Facilities and Fleet(Adrian Morales)
Type 7—Inter-governmental agency agreement
• Marcia Montserrat
Any other type:Contact the Procurement Department for assistance.
Delete this page before routing coversheet.