PSA with Dance Now! Miami DocuSign Envelope ID:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
/\A I AM I BEACH Contract/Document Routing Form
Contract No. Title
Agreement—Dance Now!Miami-OnStage!2022
Contractor Requesting Department
Tourism and Culture Department
Department Director Name& Docus ACM Name&Signature A,
Lissette Garcia Arrogante Marcia Monserrat A nyl l.a. ketA,St ral
—0F73B56C56D948D
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
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.
Original Term Total Term(Original+Renewals)
One(1)Time One(1)Time
Funding Information
Grant Funded: Yes No - State - Federal I Other:
Cost&111.01M Source
Account Require Enhancement
1 $20,000 011-9322-000353 I� 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:
Compliance Approvals(see attached)
Procurement: Grants:
DwJJi geed by.
Budget: Ta eka Otto Stewart Information Technology:
ilk4d, ffo Sfu, 'a4Pf
Risk Management: So e 43,04310 14ss �l eFleet&Facilities:
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DocuSign Envelope ID:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
Human Resources: I Other:
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
DANCE NOW! MIAMI
FOR 2022 ON STAGE! MIAMI BEACH PROGRAMMING AT VARIOUS LOCATIONS
ACROSS MIAMI BEACH
This Professional Services Agreement (`Agreement") is entered into this 2nd day of
September 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
DANCE NOW! MIAMI a Florida not-for-profit organization, whose address is P.O BOX
416525, Miami Beach, FL 33141 ("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: $20,000
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.
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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, 5th 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), and shall have no renewal options, to
be exercised at the City Manager's sole option and discretion, by providing Consultant with
written notice of same no less than thirty (30) days prior to the expiration of the initial term.
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 a total amount not to exceed $20,000.
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4.2 INTENTIONALLY OMITTED
4.3 The fee is to be paid in a lump sum amount of $20,000 upon completion of the proposed
services.
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@miamibeachfl.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.
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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
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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.
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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.
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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.
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(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.
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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.
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
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within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the 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.
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(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
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: RAFAELGRANADOCa�MIAMIBEACHFL.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
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continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of
Force Majeure delays a 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
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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
(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: Hannah Baumgarten, Artistic Director
Dance Now! Miami
P.O. Box 416525
Miami Beach, FL 33141
TO CITY: Lissette Garcia Arrogante, Director
Tourism and Culture Department
1755 Meridian Avenue, 5' 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.
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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.
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]
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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:
AT}1
City lerk i�i i Manager
SEP 1 9 2022
Date: 'INCORP ORA`IED
..........
FOR CONSULTANT: DANCE NOW! MIAMI
ATTEST:
By:
Hannah Baumgarten, Artistic Director Diego Salterini, Artistic Director
Print Name and Title Print Name and Title
Date: 9/2/2022
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
L � - 0c/30iZ2-
1 City Attorney Date
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Exhibit A- Scope of Services and Fees
Dance Now! Miami will present "Freeze Frame" site specific performances at three
locations in Miami Beach on September 22, 2022 and September 29, 2022. Each piece will
be performed twice at each location running from 6:30 pm to 9:00 pm.
Times for each location as follows:
Bubbles (running time 10 minutes)
6:30 and 6:55pm
The Deep End (running time 5 minutes)
7:25 and 7:40 pm
Trapped! (running time 5 minutes)
8:20 and 8:45 pm
FEES
In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee
basis, for a total amount not to exceed $20,000.
Payment #1- Twenty Thousand Dollars and No Cents ($20,000). To be paid by September by
September 21, 2022.
OANC N0W !
Y Y
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ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
'ft.../ 09/02/2022
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 Consandra Hernandez
Landmark Insurance of the Palm Beaches,Inc. PHONE (561)691-4900 FAX (561)691-4800
(A/C,No,Ext): (A/C,No):
8409 N Military Trail E-MAIL shemandez@landmarkpb.com
ADDRESS:
Suite 102
INSURER(S)AFFORDING COVERAGE NAIL#
Palm Beach Gardens FL 33410 INSURER A: Nautilus Insurance Company 17370
INSURED INSURER B: United Sataes Liability Insurance. 25895
The Dance Now Ensemble,Inc INSURER C:
c/o Diego Salterini
INSURER D:
100 NW 131st Street INSURER E:
Miami FL 33168 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL229219817 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.
INSRTR ATYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDUlitt Y EFF POLICY EXP
( IYYYY) (MMlDD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X OCCUR DAMAGE TO RENTED 100,000
CLAIMS-MADE PREMISES(Ea occurrence) $
MED EXP(Any one person) $ 5,000
A Y NN1123353 05/08/2022 05/08/2023 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY PRO Included
JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
—
OWNED SCHEDULED BODILY INJURY(Peraccident $
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
ANY PROPRIETOR/PARTNER/EXECUTIVE N!A E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Directors&Officers
B ND01589050 01/31/2022 01/31/2023 Aggregate Limit 1,000,000
DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Certificate holder is included as additional insured with respects to general liability as required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS.
1700 Convention Center Dr.
AUTHORIZED REPRESENTATIVE
Mimai Beach FL 33139
I /4:(-74('
CO 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Jocuslgn Envelope ID:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
New Business and Commission Requests - R9 N
MAMI 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
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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
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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
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o Miami Light Project
o Nu Deco Ensemble
o 0, Miami
o South Beach Ja77 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.
Additional Funding to Enhance the Culture Crawl Program
Since 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
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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 ln: >rmation
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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
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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:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
PASSED and ADOPTED this a3 day of Jura , 2021
it<a2y.ie—__
Dan Gelber, Mayor
ATTEST: f4vi
RafaelZg
anado, Cit Clerk
,,,8` APPROVED AS TO
FORM&LANGUAGE
.14>,- - ti'',„ &FOR EXECUTION
Li' f ,s7;*,% 1 s
",ZcH..26\--- City Attorney Date
FEZ 1
DocuSign Envelope ID:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
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 $ 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&Sustainability $ 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 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:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
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 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
Sustainability $ 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 $ 221,000 $ 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
$ 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 Undaimed Property $ 29,000 $ 29,000
Police Crash Report Sales $ 25,000 $ 25,000
Police Training Fund $ 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
•
•
DocuSign Envelope ID:86E9ADA0-9087-4410-87A2-9036A77CA5E5
Resolutions -R7 B
MIAMI BEACH
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
o Resolution
Page 922 of 1884
DocuSign Envelope ID:86E9ADA0-9087-4410-B7A2-9036A77CA5E5
AAJAM! 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
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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
(General Fund Reserves/CARES Act Funds) $1.0 million
Total Proposed $1.5 million
Total $1.0 million $2.0 million
Page 924 of 1884
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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 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 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
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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
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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 $ 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&Sustainability $ 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 5 119,514,000
Fire 5 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
Page 927 of 1884
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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
FY
INTERNAL SERVICE FUNDS 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 FY 2021 4th Budget FY 2021
Amended Budget Amendment Revised Budget
REVENUE/APPROPRIATIONS
Education Compact $ 641,000 $ 641,000
,T Technology Fund $ 2,034,000 $ 2,034,000
Residential Housing $ 813,000 $ 813,000
Sustainability $ 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 $ 221,000 $ 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 $ 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 $ 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 S 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
Page 928 of 1884