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Miami Design Preservation League Art Deco Weekend Sponsorship Agreement
Zo z2- 32339 MIAMI DESIGN PRESERVATION.LEAGUE ART DECO WEEKEND SPONSORSHIP AGREEMENT , • 2023 THIS AGREEMENT is made and entered into this of nacanat 2 2 by and between the City of Miami Beach;a Florida municipal corporation,with offices at 1700 Convention Center Drive, Miami Beach; FL 33139 ("CMB"), and Miami Design Preservation League, Inc., (FEI/EIN Number 59-1788634) a Florida not for profit corporation,with offices at 1001 Ocean Drive,Miami Beach, FL 33139-('"MDPL"). WITNESSETH: WHEREAS, the CMB desires to sponsor the 2023 Art Deco Weekend (the "Event"); a special event lake place primarily on Ocean Drive between. 66 and 14w Streets(the"Event Site"), on Miami Beach,from Friday,.January 13 through Sunday, January 15,.2023, as more specifically set forth in. Exhibit "A`attached hereto and incorporated herein by reference; and WHEREAS, MDPL shall produce, promote, and hold the 2023 Art Deco Weekend on Miami.Beach;and WHEREAS,the CMB desires to support MDPL in its production of the Event by waiving all special event fees related to the event, including $286 application fee, $286 permit fee, $3,000 in vehicle beach access passes; square footage fees, Lummus Park user fees (to be determined upon review of the site.;plan), and by providing funding in an amount not to exceed $150,000,to be used for'City of Miami Beach Police off-duty fees,Fire off-duty fees,Parking meter fees,and other City service costs associated with the Event,including the`Event's•marketing needs. NOW THEREFORE, in consideration of the mutual promises and covenants made herein, CMB and MDPL agree as follows: The term of this Agreement will commence on January 13,2023,:and;end:on January 15,2023(the"Term").It is hereby understood that the Event shall be held rain or shine.The above recitals are true and correct and are incorporated by reference herein. 1. MDPL is solely responsible for producing and promoting all aspects of the Event, securing private sponsors and vendors to participate in the Event. The parties hereby agree that at all times the Event shall be known and promoted under the title of the"Art Deco Weekend 2023".MDPL is responsible for the conduct and operational the Event and.:will provide the appropriate:officials;to conduct the Event.The City is under no obligation to fund subsequent"Art.Deco Weekend" events. 2. The term"Event"•as.used herein shall include the event designated above and as set forth in Exhibit"A."Further,CMS shall not be a party to any independent contracts that MDPL may enter into with other organizations, contractors. or participants in the Event and/or supporting activities,nor shall CMB be liable to such third parties.MDPL shall not represent that it is an agent, official, authorized representative, or employee of CMB, MDPL shall be responsible for any'and all compensation that may be due to any and all performers, entertainers, vendors, organizations, event sanctioning bodies, and participants; and CMB shall have no such responsibility,obligation,or liability. 3. Warranties MDPL warrants and represents that it has all necessary rights,authority, licenses and permits necessary to enter into this Agreement,to grant the rights and licenses herein granted,and to carry out its responsibilities as set forth herein.MDPL shall utilize the sponsorship benefits and conduct and operate the Event in accordance with all applicable laws, and without endangering'.others or violating their rights. 4. MDPL shall purchase and obtain all required Event.Insurance policies for General Liability coverage in the amount of at least $1,000,000.00 General Aggregate: $1,000,000.00 Products/Completed 'Operations. $1,000,000.00 Personal and Advertising Injury,$1,000,000.00 per occurrence,covering City,and all participants, no later than 10 days prior to the Event,and provide a Certificate of Insurance to the City's Risk Manager. MDPL shall also provide liquor liability insurance in the amount of $1,000,000.00 and Host liquor liability insurance in the amount$1,000,000.00. All insurance policies shall name City as additional insured and Certificate Holder. 5. MDPL shall obtain all applicable federal,state,and local approvals,permits and licenses relating to any and all activities of the Event. MDPL shall obtain all applicable federal, state, and local approvals,permits and licenses relating to the Event and any activities related thereto. MDPL shall maintain its good standing in accordance with the laws of the State of,Florida and the City of Miami Beach Code of Ordinances("City Code"), and shall comply with any federal, state, county or City Code requirement applicable,to MDPL or to the MDPL's operation its business or other activities in the City of Miami Beach,including, without limitation, obtaining any Certificate of Use or Business Tax Receipts) that may be required for any business activity, timely making payment of all taxes,fees or charges that may be due to the City.MDPL shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over MDPL.Further,MDPL agrees to comply with the terms and conditions of any lease, contract, or other grant agreement that MDPL may have separately entered:into with the City, if any ("Other City Contracts").Any failure by MDPL to comply with any provision of the City Code applicable to MDPL, or any breach or default by the MDPL of any covenantor other term or condition contained in any Other City Contracts(after the passage of any applicable notice arid cure provision set forth therein),shall, at the option of the City, be considered an event of Default (as such term is defined more fully below), in which event the City shall be entitled (but in no event required)to apply all rights and remedies available to the City under the terms of this Agreement by reason of an MDPL's breach or failure to comply with said obligations. 6. MDPL shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions(whether at law or in equity),claims,liabilities,losses,expenses;or damages,including,without limitation,attorneys'fees and costs of defense,for personal,economic,or bodily injury,wrongful death, or loss of or damage to property, which the City or its officers,emploYees,agents,and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out'of,relating to,or resulting from the performance of thisAgreement by MDPL or its officers,employees,agents,servants,partners,principals,or contractors, or MDPL's use of the Event Site. MDPL shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which may issue thereon. MDPL expressly understands and agrees that any insurance protection required by this Agreement,or otherwise provided,shall in no way limit its obligation,as set forth herein, to indemnify,hold harmless,and defend the City or its officers, employees, agents, and contractors as herein provided. 7. MDPL will also tag.City on all digital distribution,also referred to as social media, regarding event of high-quality content relevant to mainstream mango enthusiast. Digital distribution postings shall be done in English and Spanish, where relevant. r'17 8. MDPL will use logo provided by City on all event advertising efforts leading up to the event. This includes local television.partners, social media campaigns, radio efforts,and local newspaper.All promotional materials which include the City's name or logo,including,without limitation,advertising,telecasts,signage, and social media publications shall be subject to City's prior written approval, which approval may be withheld at City's discretion.MDPL shall cease using all logos or other City marks upon the expiration of the term.Additionally, the City reserves;the right to require the removal of its logo/marks-.from any promotional materials.This paragraph shall survive the expiration of this Agreement. 9. MDPL is responsible for the following: a. MDPL shall arrange for vendor concessions inside the enclosed EventSite.All sales of soft drinks must be in compliance with the City's Pepsi contract. MDPL will collect all proceeds from the concessions. City shall have no responsibility, obligation or liability relating to vendor concessions. MDPL shall be solely responsible for ensuring that all vendor-provided services are in accordance with all applicable laws, including,without limitation, all food service, food handling, and alcoholic beverage and license regulations. b. MDPL shall be responsible for handling all media vendors and organizations and will be solely responsible for handling all issues relating to the media vendors. c. MDPL shall retain any and all rights to the Event related apparel and/or equipment sales. d. MDPL shall keep the City appraised, on a monthly basis,of its progress with respect to the activation of the Event. City,at its sole discretion, may monitor and conduct an evaluation of MDPL's implementation of the Event. MDPL agrees to cooperate with. City to promptly address any deficiencies or concerns the City may have in connection with the Event_ 10. MDPL hereby grants City a non-exclusive license and right to use the title of the Event or any footage of the Event,in connection with any City produced publication,including the City produced magazine or any City media outlets, such as MBTV.This section shall survive the termination or expiration of this Agreement. 1,1. As part of MDPL's national,regional,and international promotion of the Event, MDPL will promote CMB at no cost to CMB and must include the CMB logo in all publications related to the Event, 12. MDPL will place CMB banner signs in key locations along Ocean Drive,at the Event Site. Further, MDPL will place CMB logos predominately on all promotional materials and the host site will appear in all advertising and promotional materials. 13. MDPL will also tag CMB on all digital distribution, also referred to as social media, regarding event of high-quality content relevant to mainstream sports fans. 'Digital distribution postings shall be done. in English, Spanish, Portuguese, where relevant. 14. MDPL will use logo provided by CMB on all event advertising efforts leading up to the event. This includes local television partners, social media campaigns,radio efforts,and local newspaper. • 0, 15. MDPL shall cease using all logos or other CMB marks upon the expiration of the.term. Additionally, CMB reserves the right to require the removal of its logo/marks from any promotional materials.This paragraph shall survive the expiration of this Agreement. 16. CMB is responsible for the following: a) City shall waive all special event permit fees related to the event, including the application fee, permit fee,vehicle beach access passes, in square footage fees,.and Lummus Park user fees. b) City shall provide funding in an amount not to exceed$150,000,to be used for City of Miami Beach departments for.Police off-duty fees,,Fire off-duty fees, Parking meter fees,:other City service costs associated with the Event, and marketing needs for the event; provided up to $125,000 to be paid directly by the City Administration to the City of Miami Beach for Police off-duty fees, Fire off-duty fees, parking meter fees, and other City services associated with the Event. All remaining Cash Sponsorship payments shall be made on a reimbursement basis for marketing expenses relating to the Event,following the conclusion of the Event,and upon MDPL's submission,and the City's acceptance,of the final report refenced in this Agreement. c) After expiration of the term, CMB.shall have the right to use the title of the Event or any footage of the Event,in connection with any City produced publication, including the City produced magazine or any City media outlets, such as MBTV. 17, MDPL is responsible for the following; a) MDPL shall be responsible for any and all compensation that may be due to any and all performers, entertainers, vendors, and participants in the 2023 Art Deco Weekend, and CMB shall have no responsibility,obligation, or liability. b) Arranging for vendor concessions at Event Site.MDPL Will collect all proceeds from the concessions.The food vendors are allowed to distribute free food and beverage samples to Art Deco Weekend patrons.CMB shall have no responsibility, obligation or liability relating to vendor concessions. c) MDPL shall be responsible for handling all media vendors and organizations and will be solely responsible for handling all issues relating to the media vendors. i. MDPL shall require all participants, organizations, media vendors and concessionaires involved in the Event to execute.an Indemnification and Hold Harmless Agreement for the benefit.of CMB. MDPL shall retain any and all rights to the event related apparel and/or equipment sales. it. MDPL shall provide a public benefit program as set forth in Exhibit "A" attached hereto. ul. MDPL must provide, within 30 days of the completion of the,event,a Final Report, detailing: a. Details of the public benefit how many Miami Beach residents. seniors,and children,veterans,and military served; b. Media coverage; c. Vendor and community feedback; d. Marketing efforts,and e. Hotel room occupancy. 18. Events of Default,Termination of.Agreement and Remedies. a. The following shall constitute events of default: 1. .Any'material misrepresentation,written or oral,made by MDPL and/or its representatives to City 2. Failure. by MDPL to timely perform and/or observe any of the terms and conditions of this Agreement. '3. Insolvency or bankruptcy on the part of MDPL. b. The occurrence ofany event of default by MDPL may,at the,sole option of City,operate as an automatic forfeiture of any rights or benefits conferred under this Agreement,and accordingly,City reserves the right to revoke the fee waivers or discontinue the funding provided for herein. In the event that.MDPL.is in default of any of its obligations under this Agreement, City reserves all legal remedies available to it, including but not limited to termination of this,Agreement upon ten(10)days written notice to MDPL. In the event of any such termination, City shall have no further obligation or liability to MDPL 19.MPDL shall.not assign its rights or obligations under this Agreement without the City's consent. Any purported assignment in,violation of this section shall be void and shall constitute an event of default hereunder. 20.MDPL shall. keep accurate and complete books and records of all receipts and expenditures relating to this Agreement, in:accordance with reasonable accounting standards, and shall retain such books and records for at least four (4) years after completion of the Event.At the request of the City,MDPL shall provide the City(and/or its designated representatives)reasonable access to its files,records and personnel during regular business hours for the purpose of making financial audits, evaluations or verifications,program evaluations,or other verifications concerning'this Agreement,asthe City deems necessary.Furthermore,the City may,at its.expense,audit or have audited, all the financial records of the MDPL related to this Agreement. 21.This Agreement shall constitute the entire agreement between the parties, and no warranties,inducements,considerations promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 22.This Agreement shall be governed as to performance and interpreted in accordance with the laws of the State of Florida. Any claim or dispute arising out of the terms of this Agreement shall be litigated in Miami-Dade County;Florida. 23.1tis expressly understood and agreed that this,Agreeinent is for the duration of this Event only and that MDPL,has no right or privilege other than that expressly provided herein. 24.MDPL agrees that nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of partners of joint ventures between City and MDPL.;In no event shall MDPL represent to any third party that it is acting as an agent, representative or on behalf of City for any purpose or in any manner whatsoever. 25.Events of Default,Termination of Agreement and Remedies. a) The following shall constitute events of default: 1) Any material misrepresentation, written or oral, made by MDPL and/or its representatives to CMS. 2) Failure by MDPL to timely perform and/or observe any and all of the terms and conditions of this Agreement. 3) Insolvency or bankruptcy on the part of MDPL. b) The occurrence of any event of default by MDPL may,at the sole option of CMB,work as an immediate and automatic forfeiture of any rights conferred under this Agreement. c) in the event that MDPL defaults.CMS shall have all legal remedies,available to it, including but not limited to termination of this Agreement upon ten(10) days written notice to MDPL. 26.MDPL shall not assign its rights under thisAgreement. 27.This Agreement shall constitute the entire agreement between the parties,and no warranties;inducements,considerations,promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 28.This Agreement shall be governed as to Performance and interpreted in accordance with the laws of the State of Florida.Any claim;objection or dispute arising out of the terms of this Agreement shall be litigated in Miami-Dade County,Florida. 29.It is expressly understood and agreed thatthis Agreement is for the duration of this Event only and that MDPL has no right or privilege other than that expressly provided herein. 30.MDPL agrees that nothing herein contained is intended,or should be construed as in any way creating or establishing the relationship of partners of joint ventures between CMB and MDPL,or as constituting MDPL or any officer.owner,employee,or agent of MDPL as an agent,representative or employee of CMB for any purpose or in,manner whatsoever,and that it shall not represent to'any third parties that such is the case. 31.EXTENT OF AGREEMENT:This.Agreement represents the entire and integrated Agreement between City and MDPL and supersedes all prior negotiations, representations,or agreements either written or oral. 32.NOTICE:Whenever any party desires to give notice to any other party,it must be given by written notice sent by registered United States mail,with return receipt requested,addressed to the party for whom it is intended at the place designated below and the place so designated shall remain such until they shall have been changed by written notice in compliance with the provisions of this section.For the present,the parties designate the following as the respective places for giving notice: CITY: City of Miami Beach 1700Convention,Center Drive Miami Beach,Florida 33139 Attn:Lissette Garcia Arrogante,Director Tourism and Culture Department MDPL: Miami Design Preservation League Daniel Ciraldo 1001 Ocean Drive Miami Beach,Florida 33139 IN WITNESS WHEREOF,the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. I. i ATTEST: CITY OF MIAMI BEACH l IJAN 1'9 2023 IRa et E.Gnmado,City Clerk Aline T.Hudak, ityr Manager I I MIAMI DESIGN PRESERVATION LEAGUE,INC. (lackJohitraf 14L # Jack Johnson(Jan 6,2023 10:08 EST) tilt Signature Daniel Ciraido,Executive Director Jack Johnson 1—S— print Namefrilte Date APPROVED AS TO -.. M.I I FORM&tMGUAGE \� 4 t 1 I, . -ii+ 02,3 AKorrwy ni. fete - CORP ORA rsDJ i 4..v - > .:,.._. . _ _‘ :- - - a - . . t1Ib ; I1111, - - . '_ - - 46TH ANNUAL - -ART DEC ' 1 i!;,, ., 1 .i1.:ll .:i.:1=.:,''.., A, 2 .0.;'L !ii,_ti .,. _, i-A -;,11 i t 1 ® w gyp nnrinn l. , W 1 .„:,,,,k, Li I-1 lt.'=„e2,1 i • 1 ':::;', .i.g --- - -- - -- - - --- . --' `- = -`Q- - vim. ii i it-, ann CELEBRATING ;NI PR MI illif .:..'' ',-: 41-- ART DECO— ®I 411, Ill 'N - WORLDWIDE lull" ipu! Nilt fv,' §i " • lot iii. !Ili 0 OCEAN DRIVE 1 MIAMI BEACH I JAN 13- 15 2023 GUIDED WALKING TOURS I LECTURES I LIVE JAll I SWING DANCING I FITNESS I ARTISAN MARKET DECO KIDS ZONE I ARF DECO DOG WALK I CLASSIC CAR SHOW I EXHIBITIONS & MORE! 11r-r. AR-TDE.COWEEKEND.ORG171 (tal3.7. 11 I •..1� PRESENTED BY WITH MAJOR SUPPORT FROM ; . '5 i p MIAMI DESIGN MIAMIBEACH I ; ❑ ��:, :�; , f:�� (RESERVATION IE�GUE THE ORIGINAL �, A %4 acc SCAN TO PLAN TQUESHOW ��P��` YOUR WEEKEND '' A O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODNYYY) 10/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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 Luly Pascual-Cabrera NAME: NSI Insurance Group LLC {(PAHONflE .Eal. (305)556-1488 F No): (305)556-3680 5875 NW 163 Street E-h1Ail. Iulyh@nsigroup.org ADDRESS: Suite 207 • INSURER(S)AFFORDING COVERAGE NAIC N Miami Lakes FL 33014 INSURER A: Scottsdale Insurance Co 41297 INSURED INSURER B: Retail First Insurance Company 10070 Miami Design Preservation League,Inc. INSURERC: Travelers Casualty&Surety Co 19038 P 0 Box 190180 INSURER 0.: INSURER E: Miami Beach FL 33119. INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 GL,WC,D&O REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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. !NSA ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDJYYYY) (MMIDDYYYY) LIMITS X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR PREM PREMISES Ea occuence) S 300,000 MED EXP(Any one person) 5 5,000 A Y CPS7671364 10/15/2022 10/15/2023 PERSONAL&ADVINJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY EST l (LOC PRODUCTS-COMP/OP AGG g 1,000,000 OTHER: 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) S - OWNED — SCHEDULED CPS7671364 10/15/2022 10/15/2023 BODILY INJURY(Per accident) 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE 5 X AUTOS ONLY X AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 - EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION S 5 WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY Y/N STATUTE EH R B RI ANY PROPRIETOPARTNERIEXECUTIVE " " NIA 0520-30068 02113/2022 02I13l2023 E.L.EACH ACCIDENT 5 1,000,000 OFFICER/MEMBER EXCLUDED? t 1,000,000 (Mandatory in NH) EL.DISEASE-EA EMPLOYEE 5 II yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S , Directors and Officers Liability Limit S1,000,000 C 106994326 10/15/2022 10/15/2023 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space is required)' Waiver of Subrogation applies to the Workers Compensation coveage. Insurance coverage is Primary.and Non-Contributory to any other insurance available to the certificate holder. Close-Up Productions,Inc.as listed as Additional Insured as respects General Liability per written insured contract. Re:Sponsorship 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 do ACCORDANCE WITH THE POLICY PROVISIONS. Exigis Insurance Compliance Se P.O.Box 4668—ECM#35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 Q(�,,,,., S.w l ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • RESOLUTION NO: 2022-32334 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ADOPTING THE FINAL BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES,NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2023. WHEREAS, the City Manager's total proposed Fiscal Year (FY) 2023 operating budget, net of transfers and Internal Service Funds, is $733,114,000 including the General, General Obligation (G.O.) Debt Service, RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, and Special Revenue Funds, as reflected in the attached Composite Exhibit"A"; and WHEREAS, the proposed General Fund operating budget totals $382,618,000; and WHEREAS, the proposed budgets for the G.O. Debt Service, RDA Ad Valorem Taxes, and North Beach CRA Ad Valorem Taxes are $10,437,000, $30,173,000, and $577,000, respectively; and WHEREAS, the proposed budgets for the Enterprise Funds total $245,953,000; and WHEREAS, the proposed budgets for the Special Revenue Funds total $140,008,000; and WHEREAS, the proposed budgets for the Internal Service Funds, which are wholly supported by transfers from the General Fund, Enterprise Funds, the Redevelopment Districts, and Special Revenue Funds, total $122,429,000;and WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs for the Building and Sanitation Funds in accordance with the budgets proposed for FY 2023, the Mayor and City Commission would need to waive the City's established policy of not utilizing one- time, non-recurring revenue to fund recurring personnel, operating, and maintenance costs; and WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures'of the Police Confiscated Trust Fund; and WHEREAS,the proceeds and interest earned from the Police Confiscated Trust Fund are authorized to be used for crime prevention, safe neighborhoods, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds following a request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification (attached as Exhibit "B")which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, the Police Confiscation Trust Fund budgets for FY 2023 in the amount of $156,000 shall be funded from State Confiscation Funds in the amount of$66,000 and Federal Treasury and Justice Confiscation Funds in the amount of$90,000,.as reflected in the attached Exhibit"B"; and WHEREAS,funds in the amount of$156,000 are available in the Police Confiscated Trust Funds; and WHEREAS, the City of Miami Beach is authorized to assess $2.00 from court costs for criminal proceedings for expenditures for Criminal Justice Education degree programs and training courses for officers and support personnel of the Miami Beach Police Department pursuant to Section 938.15 of the Florida Statutes; and WHEREAS, the Police Training and School Resources Fund is currently funded with the assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section 938.15 of the Florida Statutes, in the amount of$67,000, as reflected in the attached Exhibit"C"; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification (attached as Exhibit "C") which states that this request complies with the provisions • of Sections. 938.15 and 943.25 of the Florida Statutes and the guidelines established by the Division of Criminal Justice Standards and Training; and WHEREAS, the City of Miami Beach Police Department intends to utilize the $67,000 for those purposes as authorized pursuant to Section 938.15 of the Florida for education degree programs and training courses for officers and support personnel of the Miami Beach Police Department; and WHEREAS,Section 705.105 of the Florida Statutes sets forth the procedure for unclaimed evidence which is in the custody of the Miami Beach Police Department and permanently vests in the Miami Beach Police Department sixty (60) days after the conclusion of the criminal proceeding; and WHEREAS, $15,000 has been in the custody of the Miami Beach Police Department Property and Evidence Unit in excess of the statutory period set forth in Section 705.105 of the Florida Statutes; and WHEREAS, said funds have vested permanently in the Miami Beach Police Department, and have now been placed in the Police Unclaimed Property Account, as provided by Resolution No. 90-19931, adopted on March 7, 1990; and WHEREAS, the Miami Beach Police Department seeks to.procure those items identified in the attached Exhibit"D"with funds in the Unclaimed Property Account Fund; and WHEREAS, the Miami Beach Cultural Arts Council (CAC)was established by the Mayor and City Commission on March 5, 1997; and WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and benefit of the residents of, and visitors to, the City of Miami Beach; and WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on June 3, 1998, identifying the following program areas for the CAC: cultural arts grants, marketing, facilities, advocacy and planning, and revenue development; and • WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year shall be adopted by the Mayor and City Commission; and WHEREAS, accordingly, the CAC recommends a $1,750,000 budget allocation for FY 2023 to continue implementation of its programs; and WHEREAS, from January 17, 2022 through June 2, 2022, the Cultural Affairs staff and • the CAC conducted its application and review process for its FY 2023 Cultural Arts Grant Programs; and WHEREAS, grants panelists, comprised of the CAC members, yielded 51 viable applications; and WHEREAS,the CAC, at its regular meeting on July 7, 2022, reviewed the grant panelists' recommendations and unanimously supported the recommended Cultural Arts awards totaling $821,642 for FY 2023, as more specifically identified in the "Recommended FY 2023 Funding" column in Exhibit"E," attached hereto; and WHEREAS, the City Manager has reviewed the recommended Cultural Arts awards and concurs with same; and WHEREAS, the Miami Beach Visitor and Convention Authority (MBVCA) was created pursuant to Chapter 67-930 of the Laws of Florida,and Sections 102-246 through 102-254 of the , Code of the City of Miami Beach; and WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year shall be presented to the Mayor and Commission; and WHEREAS, the MBVCA has recommended approval of the proposed work plan and budget for FY 2023, in the amount of$3,833,000, to continue implementation of its programs as shown in Exhibit"F." NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida hereby adopt the final budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and Special Revenue Funds for Fiscal Year 2023 as shown in Composite Exhibit "A" (Total Revenues and Expenditures by Fund and Department), Exhibit"B" (Confiscated Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Police Unclaimed Property Account), Exhibit"E"(Cultural Arts Council Grants),and Exhibit"F"(MBVCA), and waive the City's policy of not utilizing one-time, non-recurring revenue to fund recurring personnel, operating, and maintenance costs In the Building and Sanitation Funds budgets for FY 2023. PASSED AND ADOPTED this 28th day of September, 2022. ATTEST: Dan Gelber, Mayor Rafael 7-7. ranado, City Clerk APPROVED AS TO FORM AND .. SEP 2 9 2022 LANGUAGE AND FOR EXEC TION 'A lb(tat !R(ORl' DRATED` f4�City Attorney Date by D��oJ_r COMPOSITE EXHIBIT A TOTAL REVENUE SUMMARY BY FUND AND MAJOR CATEGORY Fiscal Year 2023 G.O.DEBT NORTH SPECIAL INTERNAL FUNCTION/DEPARTMENT GENERAL SERVICE RDA BEACH CRA ENTERPRISE REVENUES TOTALS SERVICE GENERAL OPERATING REVENUES Ad Valawn Taxes S 220,605,000 Ad Valorem Capital Renewal&Rep!. 1,944,000 Ad ValonmPayA.YowCapod 3,974,000 Ad ValoremNermandy Shores 282,000 Other Taxes 25,010,000 licenses and Penne. 18,040,000 !Merger ammonia! 14,175,000 Charges for Services 14,489,000 Fines&Forfeits 1,264,000 Interest Earnings 5,577,000 Rents S loons 6,967,000 MI.cellaneous 15,566,000 Read Tax Contribution 39,227,000 Other NorrOperding Revenue 13,905,000 Use d General Fund Resenes/Pdor Year Staple, 1,593,000 FUND TOTAL S 382,618,000 S 382,618,000 O.O.DEBT SERVICE FUND Ad Valorem Taxes 10,437,000 FUND TOTAL S 10,437A00 S 10A37,000 RDA FUND-CITYTIF Only AD VALOREM TAXIS Property Tans.RDA City Center Intl 30,173,000 FUND TOTAL S 30,173,000 S 30,173,000 NORTH BEACH CRA FUND-CITY TV Only AD VALOREM TAXES ProperyTax..•North Beach CRA(nest 577,000 FUND TOTAL , S 577,000 S 577,000 ENTERPRISE FUNDS Building 17,993,000 Convention Crater 29,407,000 Parking 46,617,000 Sanitation 23,860,000 Sewer Operations 57,396,000 Storm Water Operalion. 34,103,000 Water Operations 36,577,000 FUND TOTAL S 245,953,000 S 245,933,000 INTERNAL SERVICE FUNDS Central Services 1,044,000 Fleet Management 17,761,000 Infmmaton Technology 19,821,000 Medical&Dental Insurance 46,159,000 Office of Inspector General 1,726,000 Property Management 12,072,000 Risk Management 23,846,000 FUND TOTAL $ 122A29,000 SPECIAL REVENUE FUNDS Education Compact 90,000 Resort Tax 110,449,000 Tourism&HoopOahyScholarships 81,000 Cultural Ms Coundl 1,750,000 Swlainahlliy 935,000 Wade Haulers 109,000 Normandy Shores 282,000 Biscayne Point 222,000 Alton Island 236,000 Biscayne Beach 234,000 5th 4 Alien Geroge 844,000 74,SL Garage 3,210,000 Transportation 11,098,000 Tree Preservation 250,000 Caemema,an..Ta.Dust Fund 4.000 People's Transportation Plan 4,227,000 Police Conl.catlons•Federal 90,000 Police CoeRecalion.-State 66.000 Police Crash Report Sets 116,000 Police Unclaimed Popery 15,000 Police Training 67,000 Red Light Camera 1,216,000 Residential Housing 842,000 E.911 767,000 Information 8 T.ebnologyTech 300,000 • An in Public Places 172,000 Beech Encashment 1,500,000 Beachhont Concession Inieotive. 44,000 Resiliency Fund 666,000 Sudainabiliy and Resltency Fund 100,000 Bfacoyna Bay Prdedian Trust Fund • 6,000 Adeptench.4B 20,000 FUND TOTAL S 140,008,000 S 140,008,000 TOTAL ALL FUNDS S 382,618,000 $ 10A37,000 $ 30,173,000 S 577,000 S 245,953,000 S 140,008,600 S 809,766,000 S 122,419,000 Lea Transfer 176.652,0001 GRAND TOTAL•ALL RINDS $ 733,114,000 • COMPOSITE EXHIBIT A TOTAL EXPENDITURES BY FUND AND DEPARTMENT Fiscal Year 2023 G.O.DEBT NORTH SPECIAL INTERNAL FUNCTION/DEPARTMENT GENERAL SERVICE RDA BEACH CRA ENTERPRISE REVENUES TOTALS SERVICE MAYOR&COMMISSION $ 2,809,000 MAYOR&COMMISSION $ 2,809,000 ADMINISTRATIVE SUPPORT SERVICES $ 32,012,000 CITY ATTORNEY 7,010,000 CITY CLERK 1,914,000. • Central Senices 1,044,000 CITY MANAGER • 4,290,000' INSPECTOR GENERAL 1,726,000 FINANCE 7,768,000 HUMAN RESOURCES/LABOR RELATIONS 3,124,000 Risk Management 23,846,000 Medical&Denial 46,159,000 ' INFORMATION TECHNOLOGY 19,821,000 IT Tech 300,000 MARKETING&COMMUNICATIONS 2,913,000 OFFICE OF MANAGEMENT AND BUDGET 1,678,000 PROCUREMENT 3,015,000 • ECONOMIC DEV.&CULTURAL ARTS S 191,462,000 BUILDING 17,993,000 CODE COMPLIANCE 6,872,000 • ECONOMIC DEVELOPMENT 2,571,000 ENVIRONMENT&SUSTAINABILITY 2,139,000 Tree Preservation 250,000 Commemorative Tree Trust Fund 4,000 Sustainabilly 935,000 Beach Renourishment 1,500,000 Beachkosd Concession Initiatives 44,000 Sustainabiliy and Resiliency Fund 100,000 Biscayne Boy Protection Trust Fund 6,000 Resiliency Fund 666,000 HOUSING&COMM.SERVICES 4,291,000 Residential Housing 842,000 ORG DEV&PERFORMANCE INITIATIVES 1,944,000 Education Compact 90,000 PLANNING 5,790,000 TOURISM&CULTURAL DEV. 3,566,000 • Convention Canter 29,407,000 Resort Tax 110,449,000 Tourism&Hospitality Scholarships 81,000 Art In Public Places 172,000 Cultural Ads Council 1,750,000 • OPERATIONS $287,655,000 CAPITAL IMPROVEMENT PROJECTS 5,838,000 FACILITIES AND FLEET MANAGEMENT Property Management 3,698,000 12,072,000 • Fleet Management 17,761,000 Normandy Shores 282,000 Biscayne Point 222,000 Allison Island 236,000 Biscayne Beach 234,000 PARKING • 46,617,000 5th&Alton Garage 844,000 • 7th Street Garage 3,210,000 PARKS&RECREATION 42,998,000 Adapt,hBanch 20,000 PUBLIC WORKS 16,086,000 Sanitation 23,860,000 Sewer 57,396,000 Stare,Water 34,103,000 Water 36,577,000 Waste Haulers 109,000 TRANSPORTATION 11,098,000 People's Transportation Plan 4,227,000 • COMPOSITE EXHIBIT A TOTAL EXPENDITURES BY FUND AND DEPARTMENT • Fiscal Year 2023 • 0.0.DEBT NORTH SPECIAL INTERNAL FUNCTION/DEPARTMENT GENERAL SERVICE RDA BEACH CRA ENTERPRISE REVENUES TOTALS SERVICE PUBUC SAFETY 5 232,752,000 FIRE 100,220,000 E911 767,000 POUCE 130,195,000 Police Confiscations•Federal 90,000 Police Canflsrallans•Stole 66,000 Police Unclaimed Properly 15,000 Police Training • 67,000 Police Crash Raped Soles 116,000 Red Light Camera 1,216,000 CITYWIDE ACCOUNTS $ 21,8139,000 CITYWIDE ACCTS 8,378,000 CITYWIDE ACCTSNonnandy Shores 282,000 CITYWIDE ACCTSOperating Contingency 7,011,000 CITYWIDE ACCTS•Transfers Info&Comm Technology Fund 300,000 PayAs•YauGo Capital 3,974,000' Capital Renewal&ReplocemaN 1,944,000 O.O.DEBT SERVICE $ 10,437,000 G.O.DEBT SERVICE 10,437,000 RDA.CiyTIE Transfer only $ 30,173,000 CITY CENTER RDA 30,173,000 NORTH BEACH CRAilly TIP Transfer only $ 577,000 NORTH BEACH CRA 577,000 TOTAL•ALL FUNDS $382,618,000 $ 10,437,000 $ 30,173,000 $ - 577,000 $245,953,000 $ 140,0084000 $B09,766,000 $ 122A29,000 Less Transfer (76,652,000) GRAND TOTAL-ALL FUNDS '$733,114,000 FY 2023 APPROPRIATION BY FUND TYPE $450,000,000 $400,000,000 • $35o,aoo,000 $300,000,000 $250,000,o0o • .. $2DD,oao,000 $150,000,000 5100,000,000 $50,000,000 $0 . TOTAL-ALL FUNDS ■General Fund •Debt Service ■RDA •North Beach CRA Enterprise Funds G Special Revenues ■Internal Svcs Funds TOURISM AND CULTURE DEPARTMENT DATE: 1/10/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff FROM: Lissette Garcia Arrogante,Tourism and Culture Director SUBJECT: Sponsorship Agreement For: Information Only X Review & Approval X City Manager's Signature Other Comments: ❑ Fee Waiver Memo/Consecutive Day Clause Memo ❑ Street Closure: ❑ Special Event Permit(s): ® Other: Sponsorship Agreement-Miami design Preservation League Art Deco weekend ❑ Film Permit: Return to: ® Lissette A.x26597 ❑ Francys Vallecillo. Date Needed: 1/13/2022 DocuSign Envelope ID:E4B4DEC9-F2F9-4A97-802E-EF49DE49F566 " rxr r p M I AM I B E AC H � -c octipogilr ent musing o r ;" e , s.�i+: �^ ', "d 4.a `, natx*�x., „sn..,a+ ".w,.ar S.R. k"<w 4 r •.'+ f +, & h +,w,y.,,�y,. .x x sx s''i x CCn�".a O,x§a; .,9ct�i.„ ' s .�a@a��� t} 5 Y�`: 5g aG, v'�+�5 +� c. �v. • x, Sponsorship Agreement—Miami Design Preservation League Art Deco Weekend t-ont actor •1,2. .` "i,'4• y4.04t,• ,'Re. edema Tourism and Culture Department a-ta et °� `areaiFrName0Sr.i r a ��� r . ,. ACM� oae 4".ap Lissette Garcia Arrogante Marcia Monserrat M fvte,,swat Cw.to C,.,,�C56ow:o 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 Sponsorship Agreement a h 4til.Osd."u "7 :" ''44 > t ea Agreement with Miami Design Preservation League Art Deco Weekend. The agreement is funded from the Resort Tax Fund that was adopted in the FY 2023 budget in the amount of $150,000. e i n`'Oisi it t:Reriewais One(1)Time One(1)Time vf::q .c, w fix' �+ R w ,....; . ' ':;3�� � = a din:'Jnfaiimat#on,�.E, Grant Funded: Yes No State Federal Other: ;rY ; 'tea#„ coifBRt._t1nt ' :-.:source eaf. - h[ .": nua1 ost !' •• � 2.4}' GtQililA'E:.> ! ` '+'c�- ,.-it'd.dire Etiita •centen .S`. 1 $150,000 160-4300-000349-00-406-555-00-00-00- Yes 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. �{ ♦� vn{( - m 'F%':;#Y4 ::-AuttfOri M-s`. �'L- s+t,, ''.+, ,`" + ' w City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32334 R7 B September 28,2022 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: Procurement: Grants: Budget: Lmgbka Otto Stewart Information Technology: 1 Act.a.Offe Sfuvavt _ Risk Management: �jtEvvalthour Fleet&Facilities: son7a 14111aouK Human Resources: Other: