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Professional Services Agreement with Community Arts And Culture DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 2Q 21 -317 c PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COMMUNITY ARTS AND CULTURE FOR 2022 ON STAGE! MIAMI BEACH PROGRAMMING AT VARIOUS LOCATIONS ACROSS MIAMI BEACH AUG 1 o 2022 This Professional Services Agreement ("Agreement") is entered into this day of , 2022("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and COMMUNITY ARTS AND CULTURE, a Florida not for profit organization, whose address is 226 Antigua Road, Tavernier, FL 33070 ("Consultant") SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism and Culture Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: $40,500.00 Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. 1 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the"Services"). Although Consultant may be provided with 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 Consultant; where the Services are performed (although the City will provide Consultant 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 Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: Lissette Garcia Arrogante Director, Tourism and Culture 1755 Meridian Avenue, 5ih Floor Miami Beach, Fl 33139 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A" hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof). Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of$40,500.00 for a total amount not to exceed $40,500.00 4.2 INTENTIONALLY OMITTED 4.3 The fee is to be paid in two (2) installments in the amount of $20,250.00 upon completion of the proposed services. 2 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Luis Wong, Administrative Services Manager Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 luiswong@miamibeachfl.gov With copy to: Lissette Arrogante, Director Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 Iissettearrogante@miam ibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 3 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, 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 CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT 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. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to 4 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City 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. 5 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the 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 $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount,of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 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 the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant 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 work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. 6 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 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 Consultant, 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 Consultant, the Consultant 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 Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 7 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant'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 Consultant 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 (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: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant 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 Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant 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 Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 8 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant 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, Consultant shall comply fully with the 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, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant 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, 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 by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services: Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. 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. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant 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 Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant 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 9 I DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Agreement if the Consultant 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 Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this 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 Consultant 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 Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant'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 Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS 10 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant 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 Consultant'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 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. 11 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 (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 party'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 Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant 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. 10.9 E-VERIFY (A) Consultant 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, Consultant 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, Consultant shall expressly require any subconsultant 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 subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement 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 Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract 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 Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or 12 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 (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 Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant 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: TO CONSULTANT: Jose Elias, Executive Director Community Arts and Culture 226 Antigua Road Tavernier, FL 33070 TO CITY: Lissette Garcia Arrogante, Director Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected, and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 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. 12.4 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. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] • 14 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Cler Ity Manager Date: AUG 1 0 2022 FOR CONSULTANT: Jose Elias ATTEST: By: ACk-{ ire � 101-e i? .661 s f/�Lxi e. tmilec az, Print Name and Title Print Name and Title Date: 07 .Z(?) )2, �2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 41I ti-"tt,t —114/2 City Attorney Date • 15 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Exhibit A-Scope of Services and Fees Community Arts and Culture, Inc. will provide services for cultural programming during the 2022 On Stage! Miami Beach Series August 19 6-9pm Lummus Park Total Cost$14,000.00 Spam Allstars $7,000/DJ Kumi $500 Sound, Stage, and Lighting. $5,000 C.A.C. Coordinator fee$750 Day off program manager $750 August 26. 6-9pm Collins Park Total Cost$14,000.00 Cortadito $4,500. Bad Apples Brass Band $3000 Sound, Stage, and Lighting. $5,000 C.A.C. Coordinator fee $750 Day off program manager $750 Sept 09 6-9pm Normandy Fountain Total Cost$12,500.00 Johnny Dread. $3500 Barrio Abajo $2,000/ DJ Ephniko $500 Sound, Stage, and Lighting. $5,000 C.A.C. Coordinator fee $750 Day off program manager$750 Total Cost for Programming $40,500.00 Services shall include all aspects of event production, equipment rental and coordination with City staff. FEES In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of$40,500.00 for a total amount not to exceed $40,500.00 Payment#1-TWENTY THOUSAND TWO HUNDRED FIFTY AND ZERO CENTS ($20,250.00). To be paid upon execution of Agreement. 16 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Payment#2-TWENTY THOUSAND TWO HUNDRED FIFTY AND ZERO CENTS ($20,250.00) upon completion of programming activities, as outlined in the Agreement and described above. 17 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 ACGR o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Will Maddux East Main Street Insurance Services,Inc. (A/C.No.Ext): (530)477-6521 FAX No): Will Maddux E-MAIL •info theeventhel er.com ADDRESS: @ p PO Box 1298 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Evanston Insurance Company 35378 INSURED INSURER B: Community Arts and Culture INSURER C: Jose Elias INSURER D: 226 Antigua Rd INSURER E: Tavernier FL 33070 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYY� X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TONT CLAIMS-MADE XI OCCUR PREMISES(Ea occurrence) $ 100,000 Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y N 3DS5473-M2003640 SEE BELOV SEE BELOV PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000 _ X POLICY PRO- CT JE LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Deductible $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND'.EMPLOYERS'.LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19 for the following dates:08/19/2022,08/26/2022&09/09/2022. Attendance:300,Event Type:Concert-Folk Music. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Miami Beach AUTHORIZED REPRESENTATIVE /, ,�A 1700 Convention Center Drive / j�'/ Miami Beach FL 33139 !! ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3DS5473-M2003640 DEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 • A. Section ll — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II —Who Is An Insured: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. MEGL 2217 0119 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 2217 0119 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 New Business and Commission Requests-R9 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23, 2021 SUBJECT: DISCUSS THE STRATEGY FOR ALLOCATED FUNDS DESIGNATED FOR ARTS AND CULTURE PROGRAMMING. RECOMMENDATION The Administration recommends the acceptance of the Finance and Economic Resiliency Committee recommendation to allocate one million dollars in funding from the General Fund. Funding to be designated for arts and culture programming and the strategic framework for the management and implementation of such a program. BACKGROUND/HISTORY The City of Miami Beach is recognized, internationally and domestically, for being one of the most forward thinking municipalities as it pertains to contemporary arts and culture. Home to the second largest art fair in the world,Art Basel Miami Beach, the City remains at the forefront as a high-desired programming location. In 2021, the City has taken steps to formally position itself as a leading arts and culture destination by establishing the Art Deco Cultural District. A sign of a great city is the strength of its arts and culture vibrancy. Arts and culture are a powerful economic force that act as a magnet for tourism and the overall well-being of a community.The Mayor and City Commission, in their continued support of the reimagining of Miami Beach as a leader in arts and culture, have proposed a significant investment in funding for arts and culture programming. At the April 30, 2021, Finance and Economic Resiliency Committee (FERC) meeting, FERC recommended a motion to allocate one million dollars from the General Fund for cultural programming with the directive to present a high level strategy and framework to the Commission on how the Administration will distribute the funds. This memorandum provides an overview of the proposed cultural programming concept with an estimated cost analysis of funding distribution based on quantity and scale of citywide activations. ANALYSIS With the directive to prepare a strategic framework for the arts and culture programming funding, the Administration proposes the developed Miami Beach Cultural Programming Fund. Unlike other culture hotspots, the local economy of Miami Beach depends critically on the flow Page 2167 of 2362 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 of domestic and international visitors who come to enjoy the warm weather, the beach, and the ocean. Its unique natural setting defines Miami Beach's identity and is a big part of its tourist appeal. Creative economy activities have been crowded out and have emigrated elsewhere, while a 24-hour party scene has filled the void. This shift has tarnished the Miami Beach sophisticated cultural brand cultivated over nearly forty years. The reimagining of the entertainment district into the Art Deco Cultural District has been implemented to reverse this trend by transforming Ocean Drive and neighboring streets. In alignment with the reimagining of Miami Beach as an arts and culture destination, the Tourism and Culture Department (TCD) will develop the Miami Beach Cultural Programming Fund for visual and performing arts with an intentional focus on leveraging the arts to impact the vibrancy of the community while effectively promoting tourism to Miami Beach as well as the City's hotel industries. Miami Beach Cultural Programming Fund The Miami Beach Cultural Programming Fund is a fourteen(14)month program,from July 2021 through September 2022, funded from the City's General Fund. TCD will utilize the recommended funding for arts and culture programs to support existing and new programs, including a performing and visual arts festival, Miami Beach OnStage! The Cultural Programming Fund will perform the following: 1. Collaborate with cultural organizations to optimize impact 2. Utilize public parks as venues for artistic and cultural engagements 3. Leverage the arts for creative placemaking to deal with blighted areas. 4. Enhance the vitality of the Miami Beach creative economy 5. Strengthen culture in Miami Beach neighborhoods and communities The City of Miami Beach will provide additional cultural arts programs for the Miami Beach community and tourists by contracting with our cultural anchors and presenters for specific services. The Miami Beach Cultural Programming Fund will support projects and activities in all disciplines that provide quality arts and cultural programming to the Miami Beach community. These programs reinforce the artistic and cultural industry to promote Miami Beach as an exciting,vibrant, and diverse cultural destination for visitors and tourists.This funding program responds to the increased need for arts and culture activations in our community and the requests to support them. Miami Beach OnStage! The Miami Beach OnStage! Festival will bring cultural programming directly to neighborhoods around Miami Beach. OnStage! will be Miami Beach's largest free outdoor performing and visual arts festival, presenting approximately one hundred (100) performances in twelve (12) parks and locations throughout Miami Beach. Performances will range from music, dance, theater, with temporary installations serving as a dramatic artistic backdrop. In partnership with our cultural anchors and presenters,free performances in South, Middle and North beach,will showcase various performance mediums. Miami Beach OnStage! will connect residents to live cultural experiences in their own backyard. Welcoming the return of outdoor public events and similar to summertime block parties, the live music, drama, and visual art performances will be family-friendly and designed for people to safely gather outdoors and experience cultural activations with family and friends. Miami Page 2168 of 2362 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Beach OnStage! encourages attendees to enjoy the arts responsibly. Miami Beach OnStage! is scheduled from July 2021 through September 2022. Temporary Art Installations Citywide festivals and experiences have become platforms to feature public art that occupies a public stage to bring art to the forefront of civic culture. Because temporary installations often include a performative aspect, these experiences are wonderful tools for attracting residents and visitors to Miami Beach. Setting the stage for performing arts activations, temporary installations have been demonstrated to provide the opportunity for creative placemaking while helping inspire and providing perspective no matter what subject at hand. Miami Beach OnStage! Festival will give local arts organizations an opportunity to create experiences for community members, that do.not generally interact with public art. The Administration has determined specific sites within Miami Beach where temporary art installations would impact the aesthetic and economy of the surrounding community as follows: 1. Espanola Way between Collins and Washington Avenues o To encourage pedestrian connectivity between the Ocean Drive and Espanola Districts. 2. North Beach/Rue Van Dome o To enhance the aesthetic of this area and attract visitors. 3. Pride Park o To serve as a focal point of Miami Beach OnStage! by providing an artistic backdrop for the cultural performances during the run of the program. Venue Location Altos de Mar Park North Beach Canopy Park South Beach Collins Park Middle Beach •Espanola Way South Beach Flamingo Park South Beach Lummus Park _ South Beach Normandy Fountain North Beach North Beach Bandshell North Beach North Shore Open Space Park North Beach Pride Park South Beach SoundScape Park South Beach Scott Rakow Youth Center Middle Beach List of 15 Participating Organizations*: o Bas Fisher Invitational o Community Arts & Culture o Cuban Classical Ballet o Dance Now! o Florida Grand Opera o Global Arts o Jewish Film Festival o Miami Beach Music Festival Page 2169 of 2362 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 o Miami Light Project o Nu Deco Ensemble o 0, Miami o South Beach Jazz Festival o The Rhythm Foundation (Seaside Summer Series) o Young Musicians Unite o Peter London Global Dance Company *Selection for participating organizations is based on the following criteria: • Successful grant history with the Cultural Arts Council. • Presented work on Miami Beach for three (3)years or more. • Proven ability to activate and successfully implement programming in a short time. • Representative of all artistic disciplines(dance, music,film,opera, visual arts, and multi-disciplinary). • Additional organizations will be added as the programming develops. A- dditional Funding to Enhance the Culture Crawl Program S- ince 2019, the City of Miami Beach has worked alongside some of the world's best cultural institutions to provide a night of free, unique, and unforgettable experiences. Each October through May, on every third Thursday of the month, from 6 p.m. to 9 p.m., Miami Beach comes alive with culture as various institutions and buildings open their doors to provide a view of the programming offered. From backstage tours, exhibition openings, and free film screenings in the park, diverse and inclusive programming is provided for residents and visitors alike.A cross- collaboration between the City, cultural anchors, hotel, and business organizations, including The Bass, Oolite Arts, The Betsy Hotel, and the Lincoln Road BID, Cultural Crawl, has been an instant success providing diverse cultural experiences for the community. Additional funding from the Miami Beach Cultural Programming Fund would enhance the program to include free performing arts at various locations throughout the City during the run of the program. Program Budget: _ Description _ Budget _ Cultural Performances: Cultural Crawl/OnStage! $470,000 Temporary Art Installations $330,000 Event Producer/Contract Manager $25,000 City Services $30,000 Marketing and PR/Paid Media $75,000 Photography/Videography $20,000 Contingency $50,000 Total $1,000,000 SUPPORTING SURVEY DATA NA CONCLUSION Given the social and economic distress from the COVID-19 pandemic, the need for the arts has seldom been more significant. Arts organizations in Miami Beach were closed for over a year due to health and safety concerns and government-mandated restrictions on public gatherings. As Miami Page 2170 of 2362 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Beach returns to a new sense of normalcy post-pandemic, the activation of outdoor public spaces in collaboration with cultural presenters will provide a much sought-after respite for residents and visitors after a year of being indoors. The Administration is proposing the Miami Beach Cultural Programming Fund, a fourteen (14) month program, from July 2021 through September 2022, funded from the City's General Fund. TCD will utilize the additional funding for arts and culture programs to support existing and new programs, including a performing and visual arts festival, Miami Beach OnStage! Moreover, the Miami Beach Cultural Programming Fund will provide an economic boost for cultural organizations as they recover financially by funding additional programming. The Administration recommends the approval of the Finance and Economic Resiliency Committee's recommendation to allocate funding in the amount of one million dollars from the General Fund designated for arts and culture programming and the strategic framework designed for the management and implementation of such program, including the use of funding resources. • Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Tourism and Culture ATTACHMENTS: Description o Additional Information Page 2171 of 2362 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 RESOLUTION NO, 2021-31745 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT"A." WHEREAS,the budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year (FY) 2021 were adopted by the Mayor and City Commission on September 29, 2020, through Resolution No. 2020-31428; and WHEREAS,the First Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on November 18, 2020, through Resolution No. 2020-31497; and WHEREAS, the Second Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on March 17, 2021, through Resolution No. 2021-31646; and WHEREAS, the Third Amendment to the General Fund, Enterprise Funds,- Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on April 21, 2021, through Resolution No. 2021-31689; and WHEREAS, Section 166.241(4)(c), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as its original budget; and WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31268 accepting the recommendations of the Finance and Economic Resiliency Committee (FERC), at its April 17 and April 24, 2020 meetings, approving the use of prior year accumulated Cultural Arts Council (CAC) fund balance and endowment funds to establish a "Cultural Arts Emergency Fund" in the amount of$1.0 million to provide financial assistance to Miami Beach- based cultural organizations experiencing revenue losses due to the COVID-19 crisis; and WHEREAS, as part of the FY 2021 budget adopted through Resolution No. 2020-31428, an additional $1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance proposed to be appropriated mid-year of FY 2021; and • WHEREAS, at the April 30, 2021 FERC meeting, the City Administration provided an update on the status of the CARES Act funds received by the City, as well as an update on the status of the funding previously allocated to provide financial assistance to Miami Beach-based cultural organizations experiencing revenue losses due to COVID-19; and DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 WHEREAS, based on discussion at the April 30, 2021 FERC meeting, the FERC recommended that, among other things and in addition to the previous funding allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, up to an additional $1.0 million be allocated to expand cultural activation and programming in the City; and WHEREAS, this proposed amendment appropriates the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through No. Resolution 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated CAC fund balance and endowment funds, as well as an additional$1.0 million of General Fund reserves(CARES Act Funds)to be used to expand cultural activation and programming as recommended by the Finance and Economic Resiliency Committee(FERC)at its April 30, 2021 meeting;and WHEREAS,on July 9, 2019,the City declared Clark Construction Group, LLC("Clark")in default of its contractual obligations related to the construction of the MBCC project and, subsequently,on January 31, 2020, Clark filed a lawsuit against the City and Hill International Inc. ("Hill"), the City's owner's representative for the MBCC project; and WHEREAS, on February 20, 2020, the City filed its Answer, Counterclaim, and Third- Party Complaint and intends on defending the lawsuit and asserting its affirmative claims against Clark for work that has yet to be completed and multiple and continuing breaches of contract that have caused the City to sustain considerable damages; and WHEREAS, at the April 21, 2021 City Commission meeting, the City Administration presented the 3rd Amendment to the FY 2021 Operating Budget which recommended the appropriation of$4.0 million of Convention Center Renewal and Replacement(CRR)funds to be transferred to the Convention Center Operating Fund for legal fees associated with the City vigorously defending itself against the lawsuit and asserting its affirmative claims against Clark and its sureties; and WHEREAS, after extensive discussion and concerns expressed, the Mayor and City Commission approved, as amended,the appropriation of$2.0 million (reduced from $4.0 million) of Convention Center Renewal and Replacement(CRR)funds to be transferred to the Convention Center Operating Fund,through Resolution No.2021-31689,to allow for the City Attorney's Office to cover the legal fees related to the lawsuit through June 2021 and schedule one-on-one meetings with the Mayor and City Commission to provide more detailed information regarding the lawsuit before funding the balance necessary for litigation expenditures if the matter is not successfully resolved and the case proceeds to a trial in August, 2021; and WHEREAS, this proposed amendment appropriates the remaining $2.0 million to be transferred from the Convention Center CRR Fund to the Convention Center Operating Fund, of the original $4.0 million recommended by the City Administration on April 21, 2021, to cover litigation expenditures if the matter is not successfully resolved and the case proceeds to a trial, currently scheduled to commence in August, 2021. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that,following a duly noticed public hearing on June 23, 2021, the Mayor and City Commission hereby adopt the Fourth Amendment to the FY 2021 General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Funds budgets as set forth in this Resolution and in the attached Exhibit"A." DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 } PASSED and ADOPTED this 073 day of Juwe , 2021 1‘2y-e--- __. Dan Gelber, Mayor ATTEST: -----g c. .i.., ... • • Rafael . Granado, Cit Clerk APPROVED AS TO `\ i,B" ��,, FORM&LANGUAGE := :7 c1y\ &FOR EXECUTION IIIICORP'OWED • City Attorney path F EZ f DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 • • Exhibit"A" GENERAL FUND FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget REVENUES Operating Revenues Ad Valorem Taxes $ 193,218,000 $ 193,218,000 Ad Valorem-Capital Renewal&Replacement $ 807,000 $ 807,000 Ad Valorem-Pay-As-You-Go Capital $ 2,592,000 $ 2,592,000 Ad Valorem-Normandy Shores 5 18,000 $ 18,000 Other Taxes $ 24,083,000 $ • 24,083,000 Licenses and Permits • $ 13,925,000 $ 13,925,000 Intergovernmental $ 11,254,000 $ 11,254,000 Charges for Services $ 13,061,000 $ 13,061,000 Fines and Forfeits $ 1,069,000 $ 1,069,000 Interest Earnings $ 2,769,000 $ 2,769,000 Rents and Leases $ 5,954,000 $ 5,954,000 Miscellaneous $ ' 15,125,000 $ 15,125,000 Resort Tax Contribution $ 18,639,000 $ 18,639,000 Other Non-Operating Revenue $ 36,705,000 1,000,000 $ 37,705,000 Total General Fund $ 339,219,000 $ 1,000,000 $ 340,219,000 FY2021 4th Budget FY2021 Amended Budget Amendment Revised Budget APPROPRIATIONS Department Mayor and Commission $ 2,517,000 $ 2,517,000 City Manager $ 4,798,000 $ 4,798,000 Marketing and Communications $ 2,221,000 $ 2,221,000 Office of Management and Budget $ 1,466,000 $ 1,466,000 Org.Dev Performance Initiatives $ 1,119,000 $ 1,119,000 Finance $ 6,358,000 $ 6,358,000 Procurement $ 2,705,000 $ 2,705,000 Human Resources/Labor Relations $ 2,794,000 $ 2,794,000 City Clerk $ 1,844,000 $ 1,844,000 City Attorney $ 6,150,000 $ 6,150,000 Housing&Community Services $ 3,887,000 $ 3,887,000 Planning $ 6,095,000 $ 6,095,000 Environment&Sustalnability $ 1,248,000 $ 1,248,000 Tourism and Culture $ 3,242,000 $ 3,242,000 Economic Development $ 1,372,000 $ 1,372,000 Code Compliance $ 6,477,000 $ 6,477,000 Parks&Recreation(incl.Golf Courses) $ 34,283,000 $ . 34,283,000 Property Management $ 2,054,000 $ 2,054,000 • Public Works $ 13,577,000 $ 13,577,000 Capital Improvement Projects $ 5,551,000 $ 5,551,000 Police $ 119,514,000 $ 119,514,000 Fire $ 91,890,000 $ 91,890,000 ' Citywide(incl.Operating Contingency) $ 16,140,000 1,000,000 $ 17,140,000 Subtotal General Fund $ 337,302,000 $ 1,000,000 $ • 338,302,000 TRANSFERS Normandy Shores $ 111,000 $ 111,000 Capital Renewal&Replacement $ 43,000 $ 43,000 • Info&Comm Technology Fund $ 300,000 $ 300,000 Pay-As-You-Go Capital Fund $ 252,000 $ 252,000 Parking Fund $ 1,211,000 $ • 1,211,000 Subtotal Transfers $ 1,917,000 $ 0 $ 1,917,000 Total General Fund $ 339,219,000 $ 1,000,000 $ 340,219,000 4 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 • • Exhibit "A" ENTERPRISE FUNDS FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Building $ 16,756,000 $ 16,756,000 Convention Center $ 32,707,000 2,000,000 $ 34,707,000 Water ' $ 38,058,000 $ 38,058,000 Sewer $ 50,397,000 $ 50,397,000 Stormwater $ 32,830,000 $ 32,830,000 Sanitation $ 22,580,000 $ 22,580,000 Parking $ 37,646,000 $ 37,646,000 Total Enterprise Funds $ 230,974,000 $ 2,000,000 $ 232,974,000 • INTERNAL SERVICE FUNDS FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS •Information Technology $ 18,286,000 $ 18,286,000 Risk Management $ 22,535,000 $ 22,535,000 Central Services $ 1,052,000 $ 1,052,000 Office of Inspector General $ 2,027,000 $ 2,027,000 Property Management $ 11,715,000 $ 11,715,000 • Fleet Management $ 15,088,000 $ • 15,088,000 Medical and Dental Insurance $ 40,258,000 $ 40,258,000 Total Internal Service Funds $ 110,961,000 $ 0 $ 110,961,000 • SPECIAL REVENUE FUNDS FY2021 4th Budget FY2021 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Education Compact $ 641,000 $ 641,000 IT Technology Fund $ 2,034,000 $ 2,034,000 Residential Housing $ 813,000 $ / 813,000 Sustalnablllty $ 958,000 $ 958,000 Tree Preservation Fund $ 105,000 $ 105,000 Commemorative Tree Trust Fund $ 3,000 $ 3,000 ResortTax S 69,833,000 $ 69,833,000 Tourism and Hospitality Scholarships $ 80,000 $ 80,000 Cultural Arts Council $ 2,633,000 500,000 $ 3,133,000 • Waste Haulers $ 111,000 $ 111,000 Normandy Shores $ 287,000 $ 287,000 Biscayne Point Special Taxing District $ 221,000 $ 221,000 Allison Island Special Taxing District $ 221,000 $ 221,000 Biscayne Beach Special Taxing District $ 221,000 $ 221,000 5th&Alton Garage $ 643,000 $ 643,000 7th Street Garage $ 2,049,000 5 2,049,000 Transportation Fund $ 8,883,000 $ 8,883,000 People's Transportation Plan $ 4,239,000 $ 4,239,000 Police Confiscation Fund-Federal $ 130,000 $ 130,000 Police Confiscation Fund-State $ 164,000 $ . 164,000 Police Unclaimed Property $ 29,000 $ 29,000 Police Crash Report Sales $ 25,000 $ 25,000 Police Training Fund I $ 25,000 $ 25,000 Red Light Camera Fund $ 1,407,000 $ 1,407,000 E-911 Fund $ 669,000 $ 669,000 Art in Public Places(AIPP) $ 21,000 $ 21,000 Beachfront Concession Initiatives $ 74,000 $ ' 74,000 Beach Renourishment $ 1,575,000 $ 1,575,000 Adopt-A-Bench Program $ 20,000 $ 20,000 Off-Duty Services Fund $ 200,000 $ 200,000 Convention Center Renewal and Replacement $ 2,000,000 2,000,000 $ 4,000,000 Total Special Revenue Funds $ 100,314,000 $ 2,500,000 $ 102,814,000 • 5. DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Resolutions-R7 B MIA11/11BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23,2021 1:30 p.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS,AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT"A." RECOMMENDATION See attached memorandum SUPPORTING SURVEY DATA Pending Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item.pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Organizational Innovation- Ensure strong fiscal stewardship. Legislative Tracking Office of Management&Budget ATTACHMENTS: Description © Memo FY 2021 4th Operating Budget Amendment Resolution Page 922 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 MIAMI BE City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23,2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND,ENTERPRISE FUNDS,INTERNAL SERVICE FUNDS,AND SPECIAL REVENUE FUNDS BUDGETS FOR FISCAL YEAR 2021 AS SET FORTH IN THIS RESOLUTION AND IN THE ATTACHED EXHIBIT"A." ADMINISTRATION RECOMMENDATION Adopt the Resolution. STRATEGIC PLAN'SUPPORTED • Organizational Innovation—Ensure strong fiscal stewardship ANALYSIS The budgets for the General Fund,Enterprise Funds,Internal Service Funds,and Special Revenue Funds for Fiscal Year(FY)2021 were adopted by the Mayor and City Commission on September 29, 2020,through Resolution No. 2020-31428. The First Amendment to the General Fund,Enterprise Funds,Internal Service Funds,and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on November 18,2020,through Resolution No.2020-31497. The Second Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on March 17,2021, through Resolution No.2021-31646. The.Third Amendment to the General Fund,Enterprise Funds, Internal Service Funds,and Special Revenue Funds budgets for FY 2021 was adopted by the Mayor and City Commission on April 21, 2021,through Resolution No.2021-31689. Section 166.241(4)(c), Florida Statutes,requires that a municipality's budget amendment must be adopted in the same manner as its original budget. Page 923 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Fourth Amendment to the FY 2021 General Fund,Enterprise,Internal Service,and Special Revenue Funds Budgets Page 2 • CULTURAL ARTS EMERGENCY FUND On May 13,2020,the Mayor and City Commission adopted Resolution 2020-31268 accepting the recommendations of the Finance and Economic Resiliency Committee(FERC),at its April 17 and April 24,2020 meetings,approving the use of prior year accumulated Cultural Arts Council (CAC) fund balance and endowment funds to establish a"Cultural Arts Emergency Fund"in the amount of $1.0 million to provide financial assistance to Miami Beach-based cultural organizations experiencing revenue losses due to the COVID-19 crisis. As part of the FY 2021 budget adopted through Resolution 2020-31428,an additional$1.0 million of CAC fund balance and endowment funds was allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, of which $500,000 was appropriated at the commencement of FY 2021 as part of the adopted budget and the remaining $500,000 balance was proposed to be appropriated mid-year of FY 2021. At the April 30, 2021 Finance and Economic Resiliency Committee (FERC) meeting, the City Administration provided an update on the status of the CARES Act funds received by the City,as well as an update on the status of the funding previously allocated to provide financial assistance to Miami Beach-based cultural organizations experiencing revenue losses due to COVID-19. Based on discussion, the FERC recommended that,among other things and in addition to the previous funding allocated to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19, up to an additional$1.0 million be allocated to expand cultural activation and programming In the City. This proposed amendment appropriates the remaining $500,000 balance of the $1.0 million allocated in the FY 2021 budget adopted through Resolution 2020-31428 to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19 from prior year accumulated CAC fund balance and endowment funds, as well as an additional $1.0 million of General Fund reserves (CARES Act Funds) to be used to expand cultural activation and programming as recommended by the Finance and Economic Resiliency Committee(FERC)at its April 30,2021 meeting. The table below provides a summary of the funds allocated to provide financial assistance to Miami Beach-based cultural organizations experiencing revenue losses due to the COVID-19 crisis and to expand cultural activation and programming in the City of Miami Beach, including the additional funding proposed for appropriation in this budget amendment. Purpose FY 2020 FY 2021 COVID-19 Relief(CAC Fund Balance) $1.0 million COVID-19 Relief(CAC Fund Balance) $0.5 million Total Funding Appropriated To-Date $1.0 million $0.5 million COVID-19 Relief(CAC Fund Balance) $0.5 million Expand Cultural Activation and Programming $1.0 million (General Fund Reserves/CARES Act Funds) Total Proposed $1.5 million Total $1.0 million $2.0 million • Page 924 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Fourth Amendment to the FY 2021 General Fund,Enterprise,Internal Service,and Special Revenue Funds Budgets Page 3 CONVENTION CENTER LEGAL FEES Clark Construction Group, LLC("Clark")is the City of Miami Beach's construction manager for the Miami Beach Convention Center("MBCC")renovation project,which is comprised of a 1.5 million square foot renovation and expansion of the MBCC,including approximately 500,000 square feet of exhibit halls, meeting rooms, pre-function and support spaces, a new 60,000 square foot grand ballroom, and a new rooftop parking area. On July 9, 2019, the City declared Clark in default of its contractual obligations related to the construction of the MBCC project.Subsequently,on January 31,2020,Clark filed a lawsuit against the City and Hill International Inc. ("Hill"), the City's owner's representative for the MBCC project. The claims Clark has alleged against the City include:(1)seeking a court declaration that the City is required to grant time extensions;(2)seeking a court declaration that the City is required to release retainage;(3)Breach of Contract;and(4)Breach of Covenant of Good faith and Fair Dealing.The City disputes Clark's allegations and claims. On February 20, 2020, the City filed its Answer, Counterclaim, and Third-Party Complaint. The City's Counterclaim against Clark alleges:(1)Breach of Contract and(2)Breach of the Covenant of Good Faith and Fair dealing. Additionally, the City filed a Third-Party Complaint against Clark's performance bond sureties for Breach of Performance Bond.The performance bond guarantees Clark's performance of its contractual obligations to the City under the construction Contract,and secures the City by causing the sureties to assume liability for any and all damages,including,but not limited to,liquidated damages arising from Clark's default of its contractual obligations under the contract. The City,Clark,and Hill have engaged in extensive discovery,with over 6 million documents being exchanged, and the City anticipates in excess of 60 depositions in connection with the litigation. Additionally, the parties have engaged a litany of experts in various fields, including construction scheduling, delays, design, and construction manager standard of care. The parties have also engaged in two rounds of mediation and the Court has required another mediation take place prior to trial. The City intends on vigorously defending the lawsuit and asserting its affirmative claims against Clark.Clark has yet to complete the work,and Clark's multiple and continuing breaches of contract have caused the City to sustain considerable damages. At the April 21, 2021 City Commission meeting, the City Administration presented the 3"1 Amendment to the FY 2021 Operating Budget, which recommended the appropriation of$4.0 million of Convention Center Renewal and Replacement (CRR) funds to be transferred to the Convention Center Operating Fund for legal fees associated with the City defending Itself against the lawsuit and asserting its affirmative claims against Clark and its sureties. After extensive discussion and concerns expressed,the Mayor and City Commission approved,as amended, the appropriation of $2.0 million (reduced from $4.0 million) of Convention Center Renewal and Replacement (CRR) funds to be transferred to the Convention Center Operating Fund,through Resolution 2021-31689,to allow for the City Attorney's Office to cover the legal fees related to the lawsuit through June 2021 and schedule one-on-one meetings with the Mayor and City Commission to provide more detailed information regarding the lawsuit before returning to the Mayor and Commission to request the additional funds needed for the City to continue to defend itself against the lawsuit and assert its affirmative claims against Clark and its sureties. Page 925 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Fourth Amendment to the FY 2021 General Fund,Enterprise,Internal Service,and Special Revenue Funds Budgets Page 4 This proposed amendment appropriates the remaining $2.0 million to be transferred from the Convention Center CRR Fund to the Convention Center Operating Fund,of the original$4.0 million recommended by the City Administration on April 21,2021. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Fourth Amendment to the General Fund,Enterprise Fund,Internal Service Fund,and Special Revenue Fund budgets for FY 2021 described herein and further detailed in the attached Exhibit"A." ATH/JW/TOS • Page 926 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Fourth Amendment to the FY 2021 General Fund,Enterprise,Internal Service,and Special Revenue Funds Budgets Page 5 Exhibit"A" GENERAL FUND FY 2021 4th Budget FY 2021 • Amended Budget Amendment Revised Budget REVENUES Operating Revenues Ad Valorem Taxes $ 193,218,000 $ 193,218,000 Ad Valorem-Capital Renewal&Replacement $ 807,000 $ 807,000 Ad Valorem-Pay-As-You-Go Capital $ 2,592,000 $ 2,592,000 Ad Valorem-Normandy Shores $ 18,000 $ 18,000 Other Taxes $ 24,083,000 $ 24,083,000 Licenses and Permits $ 13,925,000 $ 13,925,000 ' Intergovernmental $ 11,254,000 $ 11,254,000 Charges for Services $ 13,061,000 $ 13,061,000 Fines and Forfeits $ 1,069,000 $ 1,069,000 Interest Earnings $ 2,769,000 $ 2,769,000 Rents and Leases $ 5,954,000 $ 5,954,000 Miscellaneous $ 15,125,000 $ 15,125,000 . Resort Tax Contribution $ 18,639,000 $ 18,639,000 Other Non-Operating Revenue $ 36,705,000 1,000,000 $ 37,705,000 Total General Fund $ 339,219,000 $ 1,000,000 $ 340,219,000 FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget APPROPRIATIONS Department Mayor and Commission $ 2517,000 $ 2,517,000 City Manager $ 4,798,000 $ 4,798,000 Marketing and Communications $ 2,221,000 $ 2,221,000 Office of Management and Budget $ 1,466,000 $ 1,466,000 Org.Dev Performance Initiatives $ 1,119,000 $ 1,119,000 Finance $ 6,358,000 $ 6,358,000 Procurement $ 2,705,000 $ 2,705,000 Human Resources/Labor Relations $ 2,794,000 $ 2,794,000 City Clerk $ 1,844,000 $ 1,844,000 City Attorney $ 6,150,000 $ 6,150,000 Housing&Community Services $ 3,887,000 $ 3,887,000 Planning $ 6,095,000 $ 6,095,000 Environment&Sustainability $ 1,248,000 $ 1,248,000 Tourism and Culture $ 3,242,000 $ 3,242,000 Economic Development $ 1,372,000 $ 1,372,009 Code Compliance $ 6,477,000 $ 6,477,000 Parks&Recreation(incl.Golf Courses) $ 34,283,000 $ 34,283,000 Property Management $ 2,054,000 $ 2,054,000 Public Works $ 13,577,000 $ 13,577,000 Capital Improvement Projects $ 5,551,000 $ 5,551,000 Police $ 119,514,600 $ 119,514,000 • Fire $ 91,890,000 $ 91,890,000 Citywide(incl.Operating Contingency) $ 16,140,000 1,000,000 $ 17,140,000 Subtotal General Fund $ 337,302,000 $ 1,000,000 $ 338,302,000 TRANSFERS Normandy Shores $ 111,000 $ 111,000 Capital Renewal&Replacement $ 43,000 $ 43,000 . Info&Comm Technology Fund $ 300,000 $ 300,000 Pay-As-You-Go Capital Fund $ 252,000 $ 252,000 Parking Fund $ 1,211,000 $ 1,211,000 Subtotal Transfers $ 1,917,000 $ 0 $ 1,917,006 Total General Fund $ 339,219,000 $ 1,000,000 $ 340,219,000 Page 927 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Fourth Amendment to the FY 2021 General Fund,Enterprise,internal Service,and Special Revenue Funds Budgets Page 6 Exhibit"A" ENTERPRISE FUNDS FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Building $ 16,756,000 $ 16,756,000 Convention Center $ 32,707,000 2,000,000 $ 34,707,000 Water $ 38,058,000 $ 38,058,000 Sewer $ 50,397,000 $ 50,397,000 Stormwater $ 32,830,000 $ 32,830,000 Sanitation $ 22,580,000 $ 22,580,000 Parking $ 37,646,000 $ 37,646,000 Total Enterprise Funds $ 230,974,000 $ 2,000,000 $ 232,974,000 INTERNAL SERVICE FUNDS FY2021 4th Budget FY2021 Amended Budget Amendment Revised Budget • REVENUE/APPROPRIATIONS information Technology • $ 18,266,000 $ 18,286,000 Risk Management $ 22,535,000 $ 22,535,000 Central Services $ 1,052,000 $ 1,052,000 Office of Inspector General $ 2,027,000 $ 2,027,000 Property Management $ 11,715,000 $ 11,715,000 Fleet Management $ 15,088,000 $ 15,088,000 Medical and Dental Insurance $ 40,258,030 $ 40,258,000 Total Internal Service Funds $ 110,961,000 $ 0' $ 110,961,000 SPECIAL REVENUE FUNDS FY 2021 4th Budget FY 2021 Amended Budget Amendment Revised Budget REVENUE/APPROPRIATIONS Education Compact $ 641,000 $ 641,000 IT Technology Fund $ 2,034,000 $ 2,034,000 Residential Housing $ 813,000 $ 813,000 Sustalnability $ 958,000 $ 958,000 Tree Preservation Fund $ 105,000 $ 105,000 Commemorative Tree Trust Fund $ 3,000 $ 3,000 Resort Tax $ 69,833,000 $ 69,833,000 Tourism and Hospitality Scholarships $ 80,000 $ 80,000 Cultural Arts Council $ 2,633,000 500,000 $ 3,133,000 Waste Haulers $ 111,000 $ 111,000 Normandy Shores $ 287,000 $ 287,000 Biscayne Point Special Taxing District $ 221,090 $ 221,000 Allison Island Special Taxing District $ 221,000 $ 221,000 Biscayne Beach Special Taxing District $ 221,000 $ 221,000 5th Si Alton Garage $ 643,000 $ 643,000 7th Street Garage $ 2,049,000 $ 2,049,000 Transportation Fund $ 8,883,000 $ 8,883,000 People's Transportation Plan $ 4,239,000 $ 4,239,000 Police Confiscation Fund-Federal $ 130,000 $ 130,000 Police Confiscation Fund-State $ 1E4,000 $ 164,000 Police Unclaimed Property $ 29,000 $ 29,000 Police Crash Report Sales $ 25,000 $ 25,000 Police Training Fund $ 25,000 $ 25,000 Red Ught Camera Fund $ 1,407,000 $ 1,407,000 E-911 Fund $ 669,000 $ 669,000 Art in Public Places(AIPP) $ 21,000 $ 21,000 Beachfront Concession Initiatives $ 74,000 $ 74,000 Beach Renourishment 5 1,575,000 $ 1,575,000 Adopt-A-Bench Program $ 20,000 $ 20,000 Off-Duty Services Fund $ 200,000 $ 200,000 Convention Center Renewal and Replacement $ 2,000,000 2,090,000 $ 4,000,000 Total Special Revenue Funds $ 100,314,000 $ 2,500,000 $ 102,814,000 Page 928 of 1884 DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 IVI.I A M I B E AC H Y A r i ,t :Contract/Documentuting Form'� sewRo wr va-�!�da° iContract No:S ?d a'-7 `, f "fTit e� a.: i"s '§Cry' M2 z:y,k '! '•:�: Agreement—Community Arts and Culture Onstage!2022 Contractor a` ,:`tV:u fit ki,:,.''ai :: "_ r to Tourism and Culture Department o a1'ptnient4Di►eCtor V7T1i°�! �' y" a " DocuSigneA tiy: Lissette Garcia Arrogz ntrr. _ s v � Marcia Monserrat M.a�Ua Itt61.4AUtrat '-A800-155F044A55474... "-0F731356C5609480... t{2 DoCumentT e 2;'Select On'e rK '4°1d:%.1,� `s.,"" ;4�' 39,. 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. 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 X Type 8—Other:Special Events Agreement . _ p" I 8iPur o psea.s'i'e ".r.1q" -S�k'" , ti;'?Y H` ...�,.y -On June 23, 2021 the Mayor and City Commission adopted a Resolution to adopt the fourth amendment to the general fund.This proposed amendment appropriated funds to provide further funding relief to cultural organizations in the City of Miami Beach impacted by COVID-19.This agreement is part of the fourteen (14) month Miami Beach OnStage! Festival running July 2021 through September 2022,as proposed in June 2021. =F,©n_inalTerm, 's ', vRenewahPer,�ods `„i� `' _., rTo akTerrn,Ori final ette'newals' One(1)Time One(1)Time ;,.,' �+�.,'.:.:�'� .?'.9 •`S <, fit'-::. ..1+'�_' Grant Funded: Yes No State Federal Other: ret.�sn., s »y b {r �, i".„�Co"st&�Funlin ,Sourtce�� :��.k Year; r e,'. Armualt,est ,s. ( qwtN, ',.Acco nt< fir`"" r,,.. ,;_ � ..,.` uRea are Enhancement 1 $40,500 011-9322-000353 Yes X No 2 _ Yes No 3 Yes No 4 _ Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31745 R9 N June 23,2021 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: ': °.5s'1$,t,v;^ ;'r ,+ ,.41. ,4,a Conieliance ma'OJ see'`attacheti Procurement: Grants: Budget: meka otto"Stewart -Information Technology: Risk Management: So 4 g 1463.. Fleet&Facilities: S(t MQ botturt Ito 1 F72E6E37DDA44C... DocuSign Envelope ID:454EE197-F719-402E-8FE3-1327C4CF7CE4 Human Resources: 'Other: