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Resolution 2023-32567RESOLUTION NO. 2023-32567 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FOSPE, INC.'S REQUEST FOR A WAIVER OF THE MIAMI BEACH CONVENTION CENTER RENTAL FEES, IN AN AMOUNT NOT TO EXCEED $8,857.00, FOR THE USE OF THE ART DECO BALLROOM FOR THE 2023 MIAMI BEACH SOUTH POINTE ELEMENTARY SCHOOL PROMOTION CEREMONY TO BE HELD ON FRIDAY, JUNE 2, 2023. WHEREAS, the Friends of Miami Beach South Pointe Elementary School are registered under the name FOSPE, Inc., a Florida not -for -profit corporation, that is an independent parent and volunteer -driven entity, and solely focused on supporting Miami Beach South Pointe Elementary School in Miami Beach, Florida; and WHEREAS, the primary goal of FOSPE, Inc. is to be the Miami Beach South Pointe Elementary School defense against budget cuts, and ensure that Miami Beach South Pointe Elementary School retains critical support personnel to preserve a long-standing reputation for positive academic excellence in the Miami Beach neighborhood and Miami -Dade County; and WHEREAS, the Miami Beach South Pointe Elementary School Promotion Ceremony is a program marking the transition from elementary school to middle school for 400 friends and family of the 5th grade class; and WHEREAS, the Miami Beach South Pointe Elementary School Promotion Ceremony has been held in Jungle Island in previous years because the school cafeteria is too small to fit families, school staff and students comfortably for a two (2) hour program, but the costs have increased; and WHEREAS, FOSPE, Inc. requested that the City waive the Miami Beach Convention Center ("MBCC") rental fees for the 2023 Miami Beach South Pointe Elementary School Promotion Ceremony, scheduled to take place on June 2, 2023 (the "Event"), in an amount not to exceed $8,857.00; and WHEREAS, FOSPE, Inc. has satisfied the MBCC rental waiver application guidelines and eligibility requirements; and WHEREAS, based upon the foregoing, the City Manager recommends that the Mayor and City Commission approve a waiver of the Miami Beach Convention Center rental fees, in an amount not to exceed $8,857.00, for the use of the Art Deco Ballroom for this Event. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve FOSPE, Inc.'s request for a waiver of the Miami Beach Convention Center rental fees, in an amount not to exceed $8,857.00, for the use of the Art Deco Ballroom for the 2023 Miami Beach South Pointe Elementary School Promotion Ceremony to be held on Friday, June 2, 2023. PASSED and ADOPTED this 28 day of Apr` i ATTEST: __�/y MAY '0 2 '2023 Rafael E. Granado, City Clerk [ORPAOUTE 2023. Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4-tz:-�-3 City Attorney 'T— Date Resolutions - C7 C MIAMI BEACH a COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 28; 2023 SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FOSPE, INC.'S REQUEST FOR A WAIVER OF THE MIAMI BEACH CONVENTION CENTER RENTAL FEES, IN AN AMOUNT NOT TO EXCEED $8,857.00, FOR THE USE OF THE ART DECO, BALLROOM FOR THE 2023 MIAMI BEACH SOUTH POINTE ELEMENTARY SCHOOL PROMOTION CEREMONY TO BE HELD ON FRIDAY, JUNE 2, 2023. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the resolution approving. a waiver of Miami Beach Convention Center rental fees in the- amount of $8,857 in support of the 2023 South Pointe Elementary School Promotion Ceremony. BACKGROUND/HISTORY FOSPE, Inc. d/b/a Friends of South Pointe Elementary ("FOSPE") is a registered 501(c)(3) not -for -profit organization that is a parent and volunteer -driven entity, and solely focused on supporting students at South Pointe Elementary School in Miami Beach, Florida. The primary goals of FOSPE include delivering extracurricular enrichment, education initiatives, health and safety enhancements, and classroom support for 550 students; serving as South Pointe Elementary's defense against budget cuts; and ensuring that South 'Pointe Elementary retains critical support personnel to preserve a long-standing reputation for positive academic excellence in Miami Beach. The South Pointe Elementary School Promotion Ceremony ("5th Grade Graduation Ceremony') is a significant milestone for the 5th grade class, marking the transition from elementary school to middle school, and an event attended by approximately 400 family -and friends of the 5th grade class. The 5th Grade Graduation Ceremony has been held at Jungle Island in previous years because the size of the school cafeteria does not accommodate families, school staff and students comfortably for a two (2) hour program and the high cost of renting private spaces prevents the use of other venues. ANALYSIS The FOSPE' requests that the City Commission consider waiving the Miami Beach Convention Center ("MBCC") rental fees for the ceremony, in an amount not to exceed $8,857, which cost Page 230 of 991 excludes taxes/service fees, and fees and costs for additional needs including but not limited to food and beverage, parking, labor, internet, equipment, and audio-visual services. The Miami Beach Convention Center Rental Waiver Guidelines outline the process_ by which an outside entity may request a rental discount or waiver. The request by the FOSPE satisfies the criteria and eligibility requirements for consideration of a rental waiver, as it is a request on behalf of a not -for -profit organization and the event does not conflict with the booking of fully -paid clients or events. Additionally, FOSPE is based in Miami Beach and provides most services to Miami Beach residents. SUPPORTING SURVEY DATA According to the 2022 Community Satisfaction Survey, only 3.9% of Miami Beach residents polled listed the Convention Center among the City's facilities or landmarks that they visit frequently. 39% of polled residents never visit the Convention Center. FINANCIAL INFORMATION The waiver, if approved, is valued at $8,587 and reflects a loss of Miami Beach Convention Center revenue. Amount(s)/Acount(s): N/A The Administration recommends that the Mayor and City Commission adopt the Resolution approving the rental waiver for South Pointe Elementary 5th Grade Graduation Ceremony. Additionally, the Administration is working with the Miami Beach Convention Center team to explore how to accommodate future Miami Beach school requests, collectively and equitably, for the usage of the convention center for annual graduations and promotion ceremonies. Applicable Area South Beach Is this a "Residents Right to Know item, pursuant to City Code Section 2-14? No Does this item utilize G.O. Bond Funds? IZR Strategic Connection Prosperity - Balance residents' quality of life with tourism and special events. Legislative Tracking Economic Development Sponsor Commissioner David Richardson ATTACHMENTS: Description Page 231 of 991 SPE Rental Waiver Application Resolution Page 232 of 991 �,IIIIIIIIIIIIIIj��II 001.111,►Itt,,,, III �Illllliliil�'il MIAMIBEACH CC)NV L N T 1 0 N C ENrER RENTAL DISCOUNT / WAIVER APPLICATION On November 9, 2018, the City of Miami Beach approved rental fee waiver guidelines for the Miami Beach Convention Center ("MBCC). The waiver will be administered by the Tourism and Culture Department, which will review and recommend qualifying applications to the City of Miami Beach City Manager, who may then make a recommendation to the Mayor and City Commission. The rental discount/waiver is specific to room and space rental fees only. The event producer/organizer will be solely responsible for any and all other associated MBCC fees as assessed for the event, including but not limited to, audio, visual, utilities, furniture rentals, security, food and beverage, corkage fees, room set-up and cleaning. NOTE: Incomplete applications will not be considered until all requested information is provided. An application received less than 120 days/four (4) months prior to the event will be deemed a late application and may not be considered. Events may only apply within a 180 days /six (6) months prior to the event. DATE OF REQUEST: January 31, 2023 NAME OF EVENT: Miami Beach South Pointe Elementary School 5`h Grade Promotion Ceremony ("5`h Grade Graduation") DATE(S) OF EVENT: Friday June 2, 2023 TIME OF EVENT: 9:00 AM ESTIMATED ATTENDANCE: 300 school faculty, parents and students REQUESTED MBCC ROOM(S) AND.PREFUNCTION SPACE(S): Art Deco Room 228-229AB NON-PROFIT 501(C)3 ORGANIZATION NAME: (as it appears on Articles of Incorporation) FOSPEINC FEDERAL ID# 47-2871969 EXECUTIVE DIRECTOR: Matt Pender PHONE: 617-642-6154 EMAIL: mvp@mvpcommunication.com MAILING ADDRESS: 1040 Vh Street CITY: Miami Beach STATE: FL ZIP CODE: 33139 Updated May 2021— Page 1 Page 233 of 991 TOTAL EVENT ROOM/SPACE RENTAL FEE: $ 8,587.00 is what we were quoted on Wednesday Jan 18, 2023 REQUESTED ROOM/SPACE RENTAL FEE WAIVER AMOUNT: $8,587.00 TICKET PRICE(S): $0 (there are no tickets for this event) NUMBER OF FREE OR DISCOUNT RATE TICKETS FOR MIAMI BEACH RESIDENTS: This event Is for the families and students of MB South Pointe Elementary School, it is not open for residents WHAT IS THE DISCOUNT TICKET RATE, IF APPLICABLE: N/A PLEASE PROVIDE WHAT OTHER LOCATIONS HAVE HOSTED YOUR EVENT(S) BEFORE AND WHY THE EVENT WILL NOT BE HOSTED AT THAT LOCATION: Last year the promotion ceremony was held in this space. The cost was approximately half of what we were quoted this year. Prior to COVID we have held the promotion at Jungle Island. We would like to have the ceremony closer to the families and keep transportation costs for each family minimal. The option to walk to the convention center is part of why we would like to stay on the beach. PLEASE PROVIDE AN EXPLANATION WHY A MIAMI BEACH HOTEL OR OTHER VENUE CANNOT ACCOMMODATE THE EVENT: Cost is a significant factor. 60% of the students that attend Miami Beach South Pointe Elementary School are on free/reduced lunch and cannot afford to have the awards banquet at a hotel. Our cafeteria is too small to fit all the families, school staff, and students comfortably inside. Also, we need a space that will allow for the ceremony in one section — with a stage and chairs in rows and a separate space for the 2-hour kids only (and school staff) party that we host for the graduates. PLEASE DESCRIBE THE EVENT, ITS HISTORY, AND THE PUBLIC BENEFIT TO MIAMI BEACH RESIDENTS: Promotion from 51h grade is a significant milestone in our children's lives as it marks the transition from elementary to middle school. We like to mark this occasion with a ceremony and celebration party annually and the students look forward to this every year. The public benefit includes community excitement, support of the public schools and the good faith outreach from the city to its residents. Updated May 2021— Page 2 Page 234 of 991 CERTIFICATION / SIGNATURE I certify that all information contained in this application and attachments are true and accurate, and that I am authorized by the applicant hereto to execute this application. Further, I agree to cover all MBCC out-of-pocket costs as outlined in the MBCC estimate attached. NAME Matt Pender, (Please Print) TITLE President SIGNATURE .Matt Andu DATE —Feb 6, 2023 REQUIRED ATTACHMENTS: • A copy of 501(c)3 letter of determination, dated within the past two (2) years. Updated letter can be obtained from the Internal Revenue Service. • Most recent audited financial statement or IRS Form 990 • CPA prepared Compilation, Review or Audited financial statement for the same period as the Form 990, above. The financial statement must include a Balance Sheet, Profit and Loss and Statement of Cash Flow. • Event budget for the requested discount or waiver. The budget must disclose all sources and uses of funds related to the event, including the use of the requested rent discount or waiver. • List of all corporate and private sponsorships and in -kind contributions to be used for the event. Backup materials for the sponsorships and In -kind contributions must be included. SPONSORSHIP RECOGNITION: 1. City shall receive sponsorship recognition on all media or promotional platforms related to the Event, at the same sponsorship level as other sponsors providing financial or other support comparable to the City's sponsorship. Event Organizer will also tag City on all Event -related postings on digital distribution platforms, also referred to as social media platforms. Event Organizer's Event -related postings shall include high quality content relevant to the Event and its targeted audiences. Digital distribution postings shall be issued in English and Spanish, wherever relevant. 2. Event Organizer will use logo provided by City on all Event -related advertising. This includes local television partners, social media campaigns, radio efforts, and local newspapers. 3. All promotional materials which include the City's name or logo, including, without limitation, advertising, telecasts, signage and social media publications shall be subject to City's prior written approval, which approval may be withheld at City's discretion. Event Organizer shall cease using all logos or other City marks upon the expiration of the Term. Additionally, City reserves the right to require the removal of its logo/marks from any promotional materials. This paragraph shall survive the expiration of this Agreement. Please submit completed apmlication with reouired attachments to: Coordination Manager, Miami Beach Convention Center 1901 Convention Center Dr. Miami Beach, Florida 33139 Emall: MicahAllen@MiamiBeachConvention.com *Any changes to the event details in this application (tickets prices, dates, discounts, etc:) must be approved in writing prior to the event. Failure to secure approval will result in revocation of the Rental Waiver. An organization may apply more than once per calendar year. This waiver covers MBCC rental fees only. All events must provide equal access and equal opportunity in employment and services and may not discriminate on the basis of disability, race or ethnicity, color, creed, national origin, religion, age, gender or sexual preference, in accordance with Title VI and Tile VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 2000 et seq.), the Americans with Disabilities Act (ADA) of 1990, and Section 504 of the Rehabilitation Act of 1973. *If waiver is approved, event must acknowledge the City of Miami Beach as a sponsor, including city logo, in all marketing and publicity materials, as well as the following credit line in all promotional and marketing materials: "With the support of the City of Miami Beach.". Failure to include the credit line and/or logo will result in revocation of the waiver. Updated May 2021— Page 3 Page 235 of 991 ***ttttt***t****trttttttt*ttttttttrtttstssstttttsttsstttststtststtstttsststttttrtrrtttssrtrrr FOR MBCC ONLY: DATE(S) OF EVENT AVAILABLE: Q / N TIME OF EVENT AVAILABLE: Q / N Financial Information ✓ Provided Form 990 signed by an entity officer, not dated more than one year, and has an affirmation for the preparer that it has been timely filed with the Internal Revenue Service. Provided CPA prepared Compilation, Review or Audited financial statement for the same period as the Form 990, above. The financial statement must include a Balance Sheet, Profit and Loss and Statement of Cash Flow. Provided the event budget for the requested discount or waiver. The budget must disclose all sources and uses of funds related to the event, including the use of the requested rent discount or waiver. Disclose all corporate and private sponsorships and in -kind contributions to be used for the event. Back-up materials for the sponsorships and in -kind contributions must be included. Resident Community Impact Criteria for Consideration Event is a major countywide special event. Event demonstrates Priority 1 room night generation in Miami Beach hotels. V Event is produced by an organization based in Miami Beach or provides most services to the residents of Miami Beach. If a ticketed event, the event provides free entry or a discounted rate to Miami Beach residents, students, and/or seniors. Civic/Social Benefit Demonstrated no other venue is available due to size. Demonstrated previous venues utilized for event are not suitaW le. Date Approved/Denied St ff nitials Comments: City Manager approval/decline date: City Commission approval/decline date: Updated May 2021— Page 4 Page 236 of 991 Miami Beach South Pointe Elementary School Promotion Ceremony Budget We used the number from 2022 to create this budget. We are still waiting to confirm these numbers. Miami Beach Convention Center (Venue): $4500 Food and Beverage: $1300 5m Grade Graduation T-Shirts: $877.56 ("already paid this invoice) Transportation round trip for students and staff from MBSPE to MBCC: $700 Photography: $200 Decor: $900 (including helium and banners/signage) Programs: $30 DJ: $400 Photo Booth: $280 TOTAL: $9,187.56 How does MBSPE fund the promotion ceremony? This is a 5th grade parent led and 51h grade family funded event. The family of each child is asked to pay $100. Each family is given the option to pay the $100 in a single payment or in 4 payments of $25. The families that have financial concerns are except from this payment. The 51h grade will be hosting the Valentine's Day fundraiser. Last year this event brought in $800 net. In the past the 5ch grade parents have raised funds through popcorn and popsicle sales. Additionally, we were able to use the Friends of South Pointe Elementary School (FOSPE) tax exempt form last year and it continues to be on file. FOSPE raises funds to help with large scale projects at MBSPE and PTA works to improve the school at the classroom level. The parents of SO graders fund the graduation. If the room fee is waived what will be done with the funds? We would like to provide each family with a printed photo of their graduate from the ceremony. The remaining money would come back to support our 5th graders as these funds were intended to support the promotion ceremony. We have considered buying lunch for the entire 5`h grade. Our graduation committee is discussing replacing a bench or beginning a tradition of laying a brick. The discussion of having "extra" funds is in its infancy. Our current concern is raising enough funds to host the event. Page 237 of 991 Verdeja • De Armas -Trujillo Certified Public Accountants and Advisors E OCTOBER 13, 2022 FOSPE,INC. 1050 4TH STREET MIAMI BEACH, FL 33139 DEAR MATTHEW, ENCLOSED IS THE ORGANIZATION'S 2021 EXEMPT ORGANIZATION RETURN. SPECIFIC FILING INSTRUCTIONS ARE AS FOLLOWS. FORM 990 RETURN: THIS RETURN HAS QUALIFIED FOR ELECTRONIC FILING. THE RETURN HAS BEEN TRANSMITTED ELECTRONICALLY TO THE IRS AND NO FURTHER ACTION IS REQUIRED. A COPY OF THE RETURN IS ENCLOSED FOR YOUR FILES. WE SUGGEST THAT YOU RETAIN THIS COPY INDEFINITELY. SINCERELY, VERDEJA, DE ARMAS & TRUJILLO, LLP A Limited Liability Partnership of Professional Associations 255 Alhambra Circle, Suite 560, Coral Gables, FL 33134 • Office: 305.446.3177 • Fax: 305.446.6370 • www.vdtcpa.com Page 239 of 991 TAX RETURN FILING INSTRUCTIONS FORM 990 FOR THE YEAR ENDING DUNE 30, 20.22 Prepared for FOSPE,INC. 1050 4TH STREET MIAMI BEACH, FL 33139 Prepared by VERDEJA, DE ARMAS & TRUJILLO, LLP 255 ALHAMBRA CIR STE 560 CORAL GABLES, FL 33134-7417 Amount due NOT APPLICABLE or refund Make check payable to NOT APPLICABLE Mail tax return and check (if applicable) to NOT APPLICABLE Return must a mailed on NOT APPLICABLE or before Special THIS RETURN HAS QUALIFIED FOR ELECTRONIC FILING. THE RETURN Instructions HAS BEEN TRANSMITTED ELECTRONICALLY TO THE IRS AND NO FURTHER ACTION IS REQUIRED. 100941 Od-01-21 Page 240 of 991