Professional Services Agreement between CMB & Nad Creation Corporation •
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20 24 - 33294
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
NAD CREATION CORPORATION
FOR
ARTISTIC SERVICES FOR NO VACANCY 2024 NOV 1 2 2024
This Professional Services Agreement ("Agreement") is entered into this day of
, 20 ("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
NAD CREATION CORPORATION, a Florida corporation whose address is 11311 Rexmere Blvd,
Davie, FL 33325 ("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: Amount paid to the Consultant as compensation for Services.
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 receive a schedule of the available hours to provide its Services, the
City shall not control nor have the right to control the hours of the Services performed by the
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:
Gabriella Roman
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
GabriellaRoman@miamibeachfl.gov or(305) 673-7577 x26256
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 a term of 90 days.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on a
fixed fee basis, in the amount of USD 10,000.00, for a total annual amount not to exceed USD
10,000.00
4.2 NO REIMBURSABLES WILL BE AUTHORIZED UNDER THIS AGREEMENT. THE
AGREEMENT IS EXECUTED ON A FIXED FEE BASIS OF USD 10,000.00 AND SHALL
BE PAYABLE WITHIN 45 DAYS OF THE CITY RECEIVING AN ACCEPTABLE AND
APPROVED INVOICE FROM THE CONSULTANT.
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4.3 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:
Gabriella Roman
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
GabriellaRoman@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 for 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.
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
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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 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 be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes, insurance
payments, or otherwise whether levied by any country or any political subdivision thereof. The
Consultant shall not, in any way, be considered to be, or be deemed to be, an employee of the
City through the Services performed in this Agreement (e.g., including, but not limited to, for
purposes of the Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, any state revenue and
taxation code relating to income tax withholding at the source of income, the Workers'
Compensation Insurance Code and other benefit payments and third party liability claims), and
the Consultant shall indemnify and hold the City harmless from all costs, loss, damages or
expenses (including but not limited to taxes, accounting fees, court costs, and attorney's fees at
all levels of litigation) in the event of any determination to the contrary by any court of competent
jurisdiction or governmental authority. The Consultant recognizes and understands that it will
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receive an Internal Revenue Service Form 1099 statement and related tax statements and will be
required to file corporate and/or individual tax returns and to pay taxes in accordance with all
provisions of applicable Federal and state law. The Consultant hereby promises and agrees to
indemnify the City for any damages or expenses, including attorney's fees, and legal expenses,
incurred by the City as a result of the Consultant's failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Consultant shall in no way hold
itself out as an employee, dependent agent, or other servant of the City, its employees or other
agents, or as other than a free agent with respect to the City. The Consultant is not granted, shall
not have, and acknowledges the absence of any right or authority to assume or create any
obligations or responsibility, express or implied, on behalf of or in the name of the City or to bind
the latter in any matter or thing whatsoever.
SECTION 7
LITIGATION JURISDICTIONNENUE/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.
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 USD10,000.
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 USD10,000.
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 USD10,000 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
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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.
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
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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.
(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.
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(F) The provisions in this section shall apply to the Consultant, its officers, agents, employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
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.
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10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the 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
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attorneys' fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
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: RAFAELGRANADO(a�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
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anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and (v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(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) To the extent that Consultant provides labor, supplies, or services under this Agreement,
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
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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 contract 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, which prohibits any person from knowingly employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Consultant for cause, and the City shall thereafter
have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant to
immediately terminate the contract 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 (BX1), 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: NAD Creation Corporation
11311 Rexmere Blvd
Davie, FL 33325
contact@marielleplaisir.corn
TO CITY: Gabriella Roman
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
GabriellaRoman@miamibeachfl.gov
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Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
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:
RAFAEL E. GRANADO
By A . /. .'./.i♦J�i`�.
ity Clerk y Manager
Date:
NOV 1 2 2024 =N
:;� `•
COR �RATED`
";.7'.H o```=
FOR CONSULTANT: NAD Creation Corporation
ATTEST:
4.71.r
By
Sarah Bardini Perez Marielle Plaisir I Ceo
Print Name and Title Print Name and Title
Date: 10/31/24
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
i- N►� 10(23/21
-).J'City Attorney Date
F:ATTO/TORG/Agreements/Professional Services Agreement 2021 modified 01-12-2021
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Exhibit A
A City of Miami Beach project in collaboration with the Miami Beach Visitor and Convention
Authority (MBVCA), No Vacancy is a juried art competition that supports and celebrates mainly
local artists, provokes critical discourse, and encourages the public to experience Miami Beach's
famed hotels as temporary art destinations in their own right. No Vacancy 2024 marks the
program's fifth edition presenting 12 artists creating site-specific works at 12 iconic Miami Beach
hotels. The installations will be on view from November 14 through December 12, 2024.
Each selected artist or collective will receive a stipend of USD 10,000 to realize their project at
each hotel location. Artists were drawn from a call for submissions issued by the city and selected
by representatives from the City of Miami Beach Art in Public Places Committee, Cultural Arts
Council (CAC) and MBVCA.
"Rhapsody for a Beloved World." Through a multifaceted and interdisciplinary approach, Plaisir
strives to resist harmful histories and offers hope for a better future. Plaisir draws attention to the
interconnections between humans, the universality of fractured identities and the power of
recognizing and describing inner worlds. Plaisir's socially engaged works transcend temporal and
cultural boundaries, serving as visual meditations on the resilience of the human spirit in the face
of adversity. The color-drenched collage features elaborate compositions of elements, combining
intricate botanical images of lush foliage with salvaged vintage black and white photographs as
well as elements of landscape paintings.
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M I AM I B EACH Contract/Document Routing Form
N/A No Vacancy,Miami Beach 2024-Artist Contracts
Tourism&Culture:Oscar Rieveling Sanchez,Ext.22711
Signature&Datg. "c,Signature Date
Lissette Garcia Arrogante I F Rickelle Williams T/grtgyaggy
zi
/ - ViviI' L*/
Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation.
X Type 3-Independent Contractor Agreement(ICA)/ Type 6-Tenant Agreement
Professional Services Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
I Type 5-Grant agreements with the City as the grantor 1.11 Type 8-Other:
A City of Miami Beach project in collaboration with the Miami Beach Visitor and Convention Authority(MBVCA),No Vacancy is a juried art competition
that supports and celebrates mainly local artists,provokes critical discourse,and encourages the public to experience Miami Beach's famed hotels as
temporary art destinations.No Vacancy 2024 marks the program's fifth edition presenting 12 artists creating site specific works at 12 iconic Miami
Beach hotels.The installations will be on view from November 16 through December 14,2024.
Each selected artist receives a stipend of USD 10,000 to realize their project at each hotel location.Artists were drawn from a call for submissions issued
by the city and selected by representatives from the City of Miami Beach Art in Public Places Committee,Cultural Arts Council and MBVCA.
Attached:
1.(ICA)Patricia Cooke
2.(PSA)(dNASAb)
3.(PSA)Adler Guerrier
4.(PSA)GeoVanna Gonzalez
5.(PSA)Asser Saint-Val
6.(PSA)Joshua Aronson
7.(PSA)Dennis Scholl
8.(PSA)Marielle Plaisir
9.(PSA)Philip Lique
10.(PSA)Julia Zurilla
11.(PSA)Magnus Sodamin
12.(PSA)We Are Nice'n Easy
Reso 2024-33294-Exhibit E(MBVCA FY2024 Commission Memo&Budget)
— —— __. --
90 days N/A 90 days
Grant Funded: Yes X No I State J Federal Other:
•
Yea,
1 USD 100,000 160-0380-000349-25-406-548-00-00-00- Yes X No
2 USD 20,000 rt TBD(Grant Account to be created contingent on award) Yes X 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.
autingitig to Sign
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2024-33294 R7B 09/25/2024
If no,explain why CC approval Is not required:
Legal Form Approved: I X I Yes I I No I If no,explain below why form approval is not necessary:
1111111111111.111111111111111.111.1.11111.11111111111111.1111111111.111
Procurement: N/A _ T Grants:
Budget: Tameka Otto Stewart !IIS. _ Information Technology:
Risk Management: Marc Chevalier Fleet&Facilities:
Human Resources: N/A I. Other:
Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03
EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
FY 2023/2024 REVIEW/TOURISM ADVANCEMENT PROGRAM(TAP)
The MBVCA Tourism Advancement Program (TAP) was established to promote Miami Beach as a sophisticated
tourist destination by increasing the number of visitors; through the enhancement of visitors' experiences;
through the allocation of funds granted to events or programs that bring visitors to the CMB and strengthen the
CMB brand. In fiscal year 2023/2024, the MBVCA funded the TAP in seven categories, including: Development
Opportunities, Film Incentive, Major One Time Special Event, Special Events Recurring, Special Projects, Special
Projects Recurring,and Tourism Partnerships.
A total of$1,379,000 was awarded in FY 2023/2024, compared to $1,099,500 in FY 2022/2023.The increase is
attributed to the return of many recurring events,some of which have qualified for larger grant categories,with
3 new events receiving funding from the MBVCA.
Grants funded in partnership with the CMB are critical, branded tourism-related programs, such as the Food
Network&Cooking Channel South Beach Wine + Food Festival and UNTITLED,Art Miami Beach; both examples
of events whose beginnings in Miami Beach stem from grants provided by the MBVCA;events that could easily be
recruited by other destinations.
FY 2024/2025 TOURISM ADVANCEMENT PROGRAM
The MBVCA strategically focuses its funding to maximize tourism and brand;to improve Miami Beach by focusing
on events and projects that generate significant publicity; strengthen brand and increase tourism (generating
critical resort taxes for Miami Beach).The Board pays significant attention to marquee events.
Review process:
For over two decades,the MBVCA has used a multi-level review process for its grant program and the process is
reviewed annually. The process includes a mandatory pre-proposal staff conference to discuss MBVCA policies,
procedures, and the TAP. During the meeting, MBVCA administration advises each potential applicant regarding
the eligibility and appropriateness of the proposed project and determines the grant category best suited to the
potential applicant.Once it is determined that the project is eligible,the MBVCA administration provides further
detail, including required attachments, relevant meeting dates, deadlines, and access to the online Application
Portal. The applicant is provided with an overview of the application submission process.All applications are
submitted through the online Application Portal in a multi-step format.All grant formats and policies are available
on the MBVCA website. By Florida law,all MBVCA meetings are advertised and open to the public;all records are
public records.
Annually,the MBVCA Board reviews and refines grant guidelines with respect to efficacy and effectiveness. In FY
2012/2013,the MBVCA implemented changes to its funding caps and declining scale.The new declining scale and
funding caps allowed the MBVCA to diversify their funding into other areas and initiatives as requested by the City
Administration and/or the Board. In FY 2023/2024 the MBVCA voted to maintain the Major One Time Special
Event and Special Events Recurring minimum crite'ia at 200 hotel room nights and maintained the media
impressions and viewership minimum requirements at 1,000,000 each.The Special Projects and Special Projects
Recurring hotel room night requirements were also maintained at 1,000 hotel room nights,along with the media
impressions at 100,000,000,with the viewership requirement at 10,000,000.The Board continued to accept hotel
agreements in place of fully executed hotel contracts,to meet the hotel requirement,as long as they were entered
into by the Applicant Organization. This allowed groups to assume less risk when entering agreements and to
encourage new events to apply.
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
In FY 2024/2025 the MBVCA voted to change the name of the Major One Time Special Event grant category to
Major Events. This eliminates the confusion for first-time applicants whose events will in fact return for
subsequent years. In addition, the MBVCA voted to increase the Major Event and Special Events Recurring
minimum criteria from 200 hotel room nights to 250 hotel room nights and also increase the media impressions
and viewership minimum requirements from 1,000,000 each to 1,500,000. The maximum request for said
categories was also increased from $45,000 to$50,000 for Major Events and Year 1 of Special Events Recurring,
from $45,000 to$40,000.The MBVCA also voted to increase the Special Projects and Special Projects Recurring
minimum criteria from 1,000 hotel room nights to 1,500 hotel room nights and increase the media impressions
from 100,000,000 to 150,000,000, with the viewership minimum requirements increasing from 10,000,000 to
15,000,000. The maximum request for said categories was also increased from $90,000 to $100,000 for Special
Projects,with Year 1 of Special Projects Recurring,increasing from$85,000 to$95,000. Lastly,the Board voted to
increase the minimum criteria for the Development Opportunities category,from 70 hotel room night to 75 hotel
room nights;from 200,000 minimum media impressions to 400,000;with the minimum viewership remaining at
500,000, along with the maximum request at $30,000. The Tourism Partnerships grant category criterion will
remain the same for FY 2024/2025.This declining scale will also remain the same for FY 2024/2025.
The Board will also continue to allow applicants to submit their reviews and/or audits using Generally Accepted
Accounting Principles (GAAP), as well as, prepared in accordance with Statements on Standards for Accounting
and Review Services promulgated by the Accounting and Review Services Committee of the AICPA,for tax basis
financial statements,in FY 2024/2025.
The grant criteria guidelines were reviewed for clarity and accuracy, requiring fully executed agreements and
contracts to be submitted prior to proceeding with the next step in the application process. The application
requires hotel room block agreements and/or contracted blocks;fully executed media contracts or confirmed and
generated media impressions, and/or broadcast/cable/TV contracts, in order to proceed with the grant
submission. The criteria must be confirmed before and after funding is awarded and grant applicants must meet
two of the three criteria in place for each of the MBVCA grant categories. MBVCA grants are paid upon
performance;therefore,grantees are required to provide post-performance reports in the form of reservation or
pick-up reports from Miami Beach hotels; impressions analytics garnered from the organization's PR Firm, or
accompanied by third party confirmation from a media monitoring/press clipping service such as BurrellesLuce to
prove media impressions, and/or a broadcast post-performance report from a third party reporting delivery
of Adult 18+and Households(HH)in Thousands(000)from Nielsen,Over The Top(OH),or Comscore/Rentrak for
viewership. In FY 2024/2025,the guidelines will continue to specify that third party hotel agreements will not be
accepted. In addition,any changes to the original hotel agreements must be reported to the administration.
In FY 2023/2024, the MBVCA included specific language and messaging provided by the grantee within its social
media accounts, such as Facebook, Instagram, and X. In turn, the grantee was required to proactively share
information,photos,and details related to the promotion,tagging MBVCA's Experience Miami Beach social media
handle throughout their platforms: Facebook(@ExperienceMiamiBeach), Instagram (@ExperienceMiamiBeach),
and X(@EMiamiBeach).The Grantee also agreed to post a MINIMUM OF six(6)pieces of content,per channel to
include: 3 pieces of content with tags during their live activation in-market and in real time (2 stories and 1 in-
feed post) PLUS 3 pieces of post-event content with appropriate tags within 10 days of the activation dates. In
addition, the Grantee provided a topline recap of reach, engagement and any other key metrics based on
performance from their respective channels within 30 days of the last posting. Proof of engagement and other
key metrics were to be generated from the grantees'social media platforms metrics/insights,with copies provided
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
with the grantees' respective final report documentation, post-event. In 2024/2025,the MBVCA will continue to
require the social media postings as outlined above.
The MBVCA guidelines and application process places emphasis on defining and measuring the economic impact
of each event, as well as considering the impact and value of marketing, publicity, and television
origination/viewership. Questions concerning the economic impact of the program, including requiring an
explanation of various aspects of the marketing plan, and how the numbers of hotel room nights are calculated
and where they are contracted, are also required as part of the application.Standardized recap sheets and point
systems have been developed to give each applicant a score that rates potential success. In 2020/2021, specific
point systems are in place and implemented for each of the grant categories. The redesign allowed for a better
alignment with the minimum requirements in place within each grant category,focusing the scoring on the three
grant criteria in place, of which an applicant must meet two. This point system will remain in place for FY
2024/2025.
Utilizing these tools, the MBVCA is better equipped to evaluate the applicant's long-term commitment to the
community; commitment to brand enhancement; value to tourism, and overall economic impact. The MBVCA
Board then votes on each specific and individual grant, and evaluates the grant request, funds available, and
possible extenuating circumstances, after a formal presentation is made by the grant applicant. A question-and-
answer period follows,with further discussion as needed.
RECURRING PROJECTS:
The MBVCA has a current policy in place to fund recurring projects on a declining scale. The declining scale
encourages recurring events to recruit corporate and private sponsorship and therefore,not solely rely on MBVCA
funds as a means of sustaining the event year after year. The award category establishes funding caps for
recurring events, funding that can be reduced based on the maximum request for the specific grant category.
Below is the current scale,implemented in FY 2012/2013,and applicable to both non-and for-profit agencies.The
declining scale will remain in place for FY 2024/2025.
Year 1 Initial Grant Award
Year 2 No more than 80%of Eligible Request
Year 3 No more than 70%of Eligible Request
Year 4 No more than 60%of Eligible Request
Year 5 New Cycle Begins
CATEGORIES:
TAP funds are currently awarded in seven categories, including: Development Opportunities, Film Incentive,
Major Events,Special Events Recurring,Special Projects,Special Projects Recurring,and Tourism Partnerships.The
MBVCA has developed pre-eligibility criteria for grants within these categories. The criteria allow staff to
determine eligibility and the appropriate grant category. Applicants must meet two of three of the criteria noted.
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
Grant Category Contracted Hotel Contracted Media Contracted Television and/or Cable
Room Nights Impressions Broadcast
Development 75 400,000 500,000
Opportunities .
Film Incentive* 200 N/A N/A
Major Events 250 1,500,000 1,500,000
Special Events Recurring 250 1,500,000 1,500,000
Special Projects 1,500 150,000,000 15,000,000
Special Projects Recurring 1,500 150,000,000 15,000,000
Tourism Partnerships 175 500,000 1,500(Engagement)**
*Specific requirements are in place for the Film Incentive Grant Program.
** Engagement is determined through a combination of confirmed visitors/guests (walk-ins); Website Hits;
Telephone Calls; Emails, App downloads; Webpage Engagement via Website through "Contact Us Form" or Live
Chat,from prior fiscal year.
Budget
Budget(TAP)FY2024/2025:
The MBVCA has budgeted$1,814,500 for its Tourism Advancement Program in FY 2024/2025,which reflects 46%
of the total budget.This grant funding reflects an increase of$35,500 from FY 2023/2024.This increase is due to
an increase in the grant category maximum requests.
• The Tourism Partnerships category is budgeted at $90,000, reflecting 2% of the total budget for FY
2024/2025. The category currently includes applicants at the maximum request cap of $30,000. Three
applications are anticipated to be received.
• The Major Events category, representing 4% of the total budget, is budgeted at $150,000 for FY
2024/2025.The MBVCA expects three to four new events to apply at a maximum request of$50,000 each.
The MBVCA works tirelessly to stimulate and recruit new events and is willing and prepared to fund
valuable tourism and brand-related events. In fact, the MBVCA works with all partners, city leadership
and media to solicit appropriate new projects. New applicants are expected to include the Future Proof,
2024 Salsa Cruise,and two additional projects.
• The Special Events Recurring category,reflecting 13%of the total budget,has been calculated at$508,500
for FY 2024/2025 based on the established declining scale and the number of applicants anticipated to
return.
• The Special Projects category is budgeted at $200,000 with two applicants expected at the maximum
request of$100,000 representing 5%of the total budget in FY 2024/2025.
• The Special Projects Recurring category is budgeted at$646,000 and represents 16%of the total budget.
Anticipated return applicants include the Orange Bowl Marketing Campaign;the Food Network&Cooking
Channel South Beach Wine + Food Festival; Paraiso Miami Beach/Miami Swim Week, Aspen Institute
Climate Summit,the Miami Beach Classical Music Festival,and the Miami Beach Holiday Festival of Lights.
These events, recruited and sustained by the MBVCA, are all marquee events and annually fill the City's
hotel rooms.
• The Film Incentive category is budgeted at$100,000 for FY 2024/2025 representing 3%of the budget.
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
• The Development Opportunities category is budgeted at$120,000 for FY 2024/2025, representing 3%of
the budget;in anticipation of four applicants at the maximum request of$30,000 each.
Partnerships
Tourism Enrichment has been budgeted at$220,000 for FY 2024/2025, representing 6%of the budget.This will
allow for partnerships with the Miami Beach Cultural Arts Council,for the No Vacancy project and for additional
citywide projects like Open House Miami.
In FY 2020/2021, the MBVCA partnered with the CMB to assist with the funding of the No Vacancy, Miami Beach
project that was scheduled to take place May 7— 17, 2020. The project is a contemporary art experience that
celebrates artists, provokes critical discourse,and invites the public to experience Miami Beach's famed hotels as
destination art spaces by turning hotels into temporary cultural institutions.The art was to have been exhibited
throughout ten (10) hotels in Miami Beach - lobbies, restaurants, lounges, patio areas, rooms, balconies, and
swimming pools were available to serve as the canvas.Due to the pandemic,the project was postponed and took
place December 2-12, 2020. During its inaugural year, the project hosted 10 artists in 10 Miami Beach hotels. It
is estimated that at least 10,000 people experienced at least one of the art projects in person,throughout its 10-
day activation.
In 2021/2022, the second annual No Vacancy, Miami Beach was held November 18 — December 9, 2021. The
project once again selected ten (10) artists through a Call To Artists issued by the Cultural Arts Council, and
included Chris Friday(Miami,FL.);Amada Keeley(Miami,FL.);Lauren Shapiro(Miami, FL.);Monika Bravo(Bogota,
Colombia and Miami, FL.); Brookhart Jonqujil (Miami, FL.); Gianna DiBartolomeo (Miami, FL.); Kx2 (Hollywood,
FL.); Nick Mahshie (Miami, FL.); Edouard Duval Carrie(Port-au-Prince, Hair and Miami, FL.), and Christina Friday
(Miami, FL.)The participating hotels included the Avalon Hotel,The Betsy South Beach Hotel, Catalina Hotel and
Beach Club, Hotel Croydon, Faena Hotel Miami Beach, International Inn on the Bay, Lennox Miami Beach,
Marseilles Hotel,Riviera Hotel South Beach,and the Royal Palm South Beach.
In 2022/2023, the third annual No Vacancy, Miami Beach was held November 17 — December 8, 2022, and
exhibited art throughout twelve (12) hotels in Miami Beach, where lobbies, restaurants, lounges, patio areas,
rooms, balconies, and swimming pools served as canvases. The selected hotels included the Avalon Hotel, The
Betsy Hotel South Beach, Catalina Hotel & Beach Club, Hotel Croydon, Esme, Fontainebleau, The Faena,
International Inn, Loews Hotel,Royal Palm Hotel,Cadillac Hotel,and Riviera South Beach.
The 12 selected artists included Maritza Caneca, Beatriz Chachamovits, Brookhart Jonquil, Justin Long, Claudio
Marcotulli,Jessy Nlte, Charo Oquet, Sri Prabha, Magnus Sodamin, Michelle Weinberg, Antonia Wright, and Bas
Fisher Invitational (BFI). It is estimated that over 50,000 persons experienced at least one of the art projects in
person.
In FY 2023/2024,the MBVCA partnered with the City of Miami Beach to promote and expand No Vacancy, Miami
Beach.This project took place from November 16 to December 14,2023,and marked its fourth year. No Vacancy,
Miami Beach,an open international art competition,selected twelve hotels and twelve artists,with hotels hosting
• art interventions in their public spaces.These hotels were within walking distance or easily accessible by the Miami
Beach trolley transportation system. The City of Miami Beach Department of Tourism and Culture collaborated
with the hotels and artists to assist in coordination and project management.
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
Thirty-five thousand dollars in prizes were awarded,including a$10,000 prize by public vote and a$25,000 prize
by a jury of art experts.The City of Miami Beach selected at least twelve applicants to participate,with each artist
receiving a$10,000 stipend to materialize their project.
No Vacancy, Miami Beach is committed to providing art experiences that are accessible to everyone, free and
open to the public as well as reinventing Cultural Tourism on Miami Beach.
Additionally,the MBVCA partnered with the GMCVB, the Miami Center for Architecture & Design (MCAD), and
other organizations to launch the inaugural Open House Miami. Part of the global Open House Worldwide
network,this event took place from March 1-2,2024,and featured participating buildings and venues throughout
Miami Dade County and beyond,providing public access to areas typically restricted.This initiative aimed to make
cities more open, accessible, and equitable by allowing patrons to explore buildings, learn about their
architecture,and understand behind-the-scenes operations.
Initiatives
The MBVCA expects to support new initiatives in FY 2024/2025.Strategic plans,goals and initiatives are developed
through consultation and are the result of ongoing communications with the Mayor, Commission, and City
Administration.
Public Relations Initiative
In 2011/2022, the MBVCA issued a Request for Proposals (RFP) for a P.R. Agency of Record to enhance Miami
Beach's image.The MBVCA selected Hill&Knowlton/SAMCOR(H+K)to support the MBVCA efforts by continuing
to increase brand awareness through strategic media outreach to consumer and travel trades, major event
recruitment, and business and corporate communications programs. Objectives included comprehensive
destination marketing and communications consulting services to continue to expand public relations and
marketing, increasing the overall social media footprint through all social media handles, both MBVCA and
Experience Miami Beach,and marketing of Miami Beach to international and national visitors,complimenting the
efforts of the GMCVB. H+K had an extensive presence in the US and internationally. The agency's ability to
network and leverage its global relationships was crucial to the growth of the'Miami Beach' brand.
H+K created and distributed a total of 15 press releases and pitches during their first year as agency of record,
garnering 3,416,581,560 media impressions and 12 press releases during their second year, generating
3,913,341,910 media impressions. In their third year, H+K generated 2,783,369,818 media impressions through
the issuance of 12 press releases and a Harris Poll Survey that was conducted to determine why people visit Miami
Beach. During their fourth year, H+K developed and released a total of 12 press releases and 1 pitch, generating
a total of 1,492,734,059 media impressions,valued at$15,615,214.75.During its fifth year H+K wrote and released
12 press releases,generating 1,410,465,887 media impressions,valued at$15,638,438.52.During its sixth year,a
total of 15 press releases were written and distributed, generating 1,272,729,422 impressions valued at
$14,353,222.76. During their seventh year, a total of 15 press releases and 1 Audio News Release (ANR) were
distributed generating 1,302,477,118 impressions valued at$1,583,728.46. During their eighth year,a total of 13
press releases were distributed,generating a total of 1,042,610,221 impressions with a value of$1,041,811.24. In
their eighth year in working with the MBVCA, H+K collectively released a total of 16 press releases to date,
generating a total of 1,042,610,221 media impressions, with a value of $1,041,811.24. Through a contract
extension for year 9, a total of 3 press releases were distributed that generated 195,661,377 media impressions,
valued at$195,661.37. During H+K's tenth year with the MBVCA, a total of 236,792,636 media impressions were
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
generated through the distribution of 7 press releases,with a value of$2,367,923.36. During H+K's eleventh and
final year with the MBVCA, 13 press releases were distributed,generating 2,495,686,016 impressions,valued at
$3,904,285,476.81.
The contract with H+K ran through September 30,2022,in FY 2021/2022.
In FY 2021/2022, the PR contract went out to bid via RFP with a cohesive scope of services developed in
conjunction with the GMCVB,to avoid duplicating efforts and deliver a united message that Miami Beach is open
and welcoming back its visitors,post-pandemic.As a result,Private Label Marketing, LLC was awarded a one-year
contract for PR services. Within their first year (January through December 2022), a total of 2,736,064,485
impressions were generated as a result of 13 press releases. The impressions generated were valued at
$24,864,486.11.
In FY 2022/2023,the Board unanimously voted to renew the PR contract with Private Label Marketing, LLC for a
one-year term, beginning January 2023. Throughout the year, a total of 2,541,016,393 impressions were
generated,as a result of 11 press releases;valued at$532,567,481.14.
In FY 2023/2024,the Board unanimously voted to once again renew the PR contract with Private Label Marketing,
LLC for a one-year term.As of July 2024,a total of 9 press releases had been distributed generating 4,388,889,288
media impressions with a value of$549,631,668.56.
There is an allotment of$200,000,representing 5%of the total budget,towards this effort,in FY 2024/2025.
Destination Marketing
The Destination Marketing allocation reflects 13%of the total budget for FY 2024/2025.This allocation provides
for the additional placement of stories and press releases on the PR Newswire as well as the continuation of our
Blogger Program, FAM trips, online sweepstakes to promote increased activity on our social media channels, as
well as ticket giveaway promotions/sweepstakes from MBVCA-funded events.
Projects will include the continuation of the Forbes Travel Guide Online Webinars,offering free hospitality training
to Miami Beach-based employees.The webinars were incorporated during the pandemic when live trainings could
not be conducted. Due to their popularity, they will again be offered during the upcoming fiscal year, for both
Frontline and Leadership level employees, and available to all hospitality employees. A different topic will be
introduced during each session.
App Marketing
The MBVCA wishes to continue to provide visitors with timely and relevant information about the City of Miami
Beach;its public and private attractions,services,hotels,businesses,and events in order to enhance visitors' (and
residents') experiences. Visitors to Miami Beach - all visitors worldwide—are increasingly using technology to
navigate cities or make decisions about leisure experiences, dining, parking,entertainment,and travel in general.
Worldwide,technology is king. Many visitors already use the free Miami Beach Wi-Fi service, CMBWiFi,to access
the information they need at select public locations around town.
Since its latest version release, the Experience Miami Beach (EMB) App, formerly the Miami Beach Information
(MBI) App, has added new and exciting features for the end-user that include a side-swipe feature; listing the
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
information in an A-Z format;the addition of new categories that included Shopping, Nightlife,Art&Culture,and
Restaurants, and the creation of the "My Miami Beach" section where users can add events, photos, and
itineraries as they navigate the App.The App also features a "Deals"section that has special promotional rates or
offers developed by MBVCA grantees that can be cross promoted through MBVCA grantees and social media
pages such as Facebook,X,and Instagram.
During FY 2021/2022,the App's name was changed to Experience Miami Beach,from Miami Beach Information,
to be better aligned with the MBVCA's social media accounts. In addition, the App was promoted through
partnerships with the MBVCA grantees,featuring various events and upcoming grantee events.
In FY 2022/2023, a new app entitled EXPMiamiBeach.Tours was released through iOS, Android, and was made
available to view on mobile web devices.The new app focused solely on the enhanced version of the existing tours
and provided a platform to include new tours curated with the MBVCA's various partners. Some of the tours
created included "Art in Public Places", "No Vacancy Miami Beach" (available during the project dates), both
through a collaboration with the City of Miami Beach; "Art Outside" through a collaboration with The Bass
Museum; a "Cultural Institutions" tour, developed in collaboration with Miami Beach's museums and cultural
spaces;"LGBTQ Sites Top Five"and"LGBTQ Nightlife"tour,both through a collaboration with the GMCVB and the
Miami Dade Gay and Lesbian Chamber of Commerce; and the"Hidden Art", "Public Art and Iconic History", and
"A Day Inside Miami Beach Architectural Wonders" tours, all developed through a collaboration with George
Neary, Board Member and President of Tours"R" Us.
In FY 2023/2024,the MBVCA continued to promote both Apps through social media,the MBVCA website,specific
ads, and grantee partnerships, allocating 1%of its total budget. Deals, promotions, and special notices were also
posted and promoted through the Experience Miami Beach App. The App has now been downloaded 28,000
times (as of July 2024), across the Android and iOS platforms. Approximately half of all downloads come
from European users seeking to learn about Miami Beach.
In FY 2024/2025, the MBVCA will be refreshing the Experience Miami Beach app to include making the "deals"
more visual similar to Groupon; updating the events section to include a featured event option pinned at the top
of the section; updating all libraries and security features for both Android and iPhone, and possibly integrating
Apple Ads. The EXPMiamiBeach.Tours app will also integrate additional existing tour and also create new tours
that appeal to Miami Beach visitors.
IT Development
The MBVCA's preliminary review of opportunities and needs was initiated in spring 2011 in consultation with area
experts, and after a public meeting sponsored by the MBVCA, as a situational analysis.The MBVCA released an
RFP in January 2012 and awarded a one-year contract to Just Program LLC dba Solodev on May 22, 2012. The
purpose of the RFP was to develop a Miami Beach-focused web-based digital content management system(CMS)
and modifiable database to support third party mobile applications via an application programming interface
(API).
Currently, the API is fully functional with forty-one (44) distinct categories of businesses, each averaging 90
different services and amenities.
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MBVCA FY 2025 WORK PLAN AND BUDGET
In FY 2020/2021,the API upgrades included the updating of various sections within the business categories.They
also included adding whether a restaurant/bar/nightclub's event space is considered small,medium,or large;the
changing of celebrity chef to executive chef,expanding the Cuisine type,adding services,and what the restaurant
is "good for" within the restaurant category; adding services and amenities to the Bars category; changing form
fields and services within the Nightclub category;adding"Dorm Style"to the type of hotel room within the hotel
category, as well as, adding property and room amenities; adding additional services to the Beauty Parlors
category, and adding Health&Safety Measures throughout all of the business categories.
In 2022/2023,the Experience Miami Beach App was updated with the revamped list of businesses.The categories
available were reviewed and condensed to be more in line with what a tourist would search for when visiting our
City. Web and App developers can use these attributes to create new and exciting experiences for their end-
users. The App continued to promote the MBVCA grantee's deals and highlighted various promotions available.
In FY 2023/2024, the MBVCA continued to work with City personnel to ensure the business information within
the API is the most up to date.
In FY 2024/2025,the MBVCA will continue to update the API through its partnership with the City of Miami Beach
and other partners.A total of$50,000,or 1%of the total budget,will be allocated towards IT development.
Research and Development
The MBVCA will develop a strategic list of major events worldwide as the result of ongoing communications and
consulting with all partners.We expect to investigate some of these events with the goal of the development of
a new major event for the destination.The MBVCA will continue to work with their PR firm of record,to compile
a list of major events that could be attracted to the destination.The MBVCA will also continue to collaborate with
local partners. A total of$244,700 has been allotted for Research and Development in FY 2024/2025.
Projected Cash Flow Reserve
The MBVCA has budgeted$5,000 of the total budget,for cash flow reserve in FY 2024/2025.The City of Miami
Beach allots resort tax payments to the MBVCA a month after its collection;therefore, as a fiscal responsibility,
the MBVCA has built in a projected cash flow reserve to its budget to ensure that all grants awarded will have the
necessary funds to be reimbursed upon proper request and documentation.
Administration and Overhead
The M BVCA's administration and benefits costs are budgeted at$569,800 for FY 2024/2025.This figure represents
14%of the total budget. The overhead allocation is budgeted at$150,000,which reflects 4%of the overall budget,
with $5,000 allocated for capital expenses. The increase from FY 2024/2025 is attributed to the purchase of
updated office equipment,technology,and the reconfiguration of the conference room utilized by the Board for
their monthly meetings,along with a 2.7%COLA increase for all employees.The total administration and overhead
costs are 18%of the total budget.
Reserves
A total of$410,000 is being transferred from reserves to supplement the FY 2024/2025 budget.
Conclusion
During their July 17,2024,meeting,the MBVCA Board recommended the Mayor and City Commission adopt the
MBVCA Budget for FY 2024/2025 in the amount of$3,936,000.
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
APPROVED PROPOSED %OF PROPOSED
FY 2023.2024 FY 2024.2025 $VARIANCE BUDGET
REVENUES
Unrestricted
Rollover $ - $ - $ -
Reserves $ 200,000 $ 410,000 $ 210,000 10%
Projected Resort Tax 5 3,727,000 $ 3,526,000 $ (201,000) 90%
TOTAL REVENUES $ 3,927,000 $ 3,936,000 $ 9,000 100%
EXPENDITURES
Administration&Benefits $ 518,000 $ 569,800 $ 51,800 14%
Operating Expenses $ 190,000 $ 150,000 $ (40,000) 4%
Capital $ 15,000 $ 2,000 5 (13,000) 0%
Total Administration $ 723,000 $ 721,800 $ (1,200) 18%
GRANTS-Tourism Advancement Program
Tourism Partnerships $ 90,000 $ 90,000 $ - 2%
Major Events $ 225,000 $ 150,000 $ (75,000) 4%
Special Events Recurring $ 588,000 $ 508,500 $ (79,500) 13%
Special Projects $ 180,000 $ 200,000 $ 20,000 5%
Special Projects Recurring $ 476,000 5 646,000 5 170,000 16%
Film Incentive $ 100,000 $ 100,000 $ - 3%
Development Opportunities $ 120,000 $ 120,000 $ - 3%
Total Tourism Adv.Program $ 1,779,000 $ 1,814,500 S 35,500 46%
PARTNERSHIPS
Tourism Enrichment $ 220,000 $ 220,000 $ - 6%
Total Partnerships $ 220,000 $ 220,000 $ - 6%
MARKETING/PR/TECHNOLOGY
Marketing/Communications&PR $ 200,000 $ 200,000 $ - 5%
Destination Marketing $ 500,000 $ 500,000 $ - 13%
APP Marketing 5 50,000 $ 30,000 $ (20,000) 1%
IT Development $ 100,000 $ 50,000 5 (50,000) 1%
Total Marketing/PR/Tech $ 850,000 $ 780,000 $ (70,000) 20%
OTHER
Initiatives $ 150,000 $ 150,000 5 - 4%
R&D $ 200,000 5 244,700 5 44,700 6%
Projected Cash Flow Reserve 5 5,000 $ 5,000 5 - 0%
Total Other $ 355,000 $ 399,700 $ 44,700 10%
TOTAL EXPENDITURES $ 3,927,000 $ 3,936,000 $ 9,000 100%
Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03
RESOLUTION NO. 2024-33294
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, CITY CENTER RDA AD VALOREM TAXES,
NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL
SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2025.
WHEREAS, the City Manager's total Fiscal Year (FY) 2025 operating budget, net of
transfers and Internal Service Funds, as amended at the second public hearing on September
25, 2024, is $872,378,000 including the General, General Obligation (G.O.) Debt Service, City
Center 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 FY 2025 General Fund operating budget, as amended, totals
$456,164,000; and
WHEREAS, the FY 2025 budgets for the G.O. Debt Service, City Center RDA Ad Valorem
Taxes, and North Beach CRA Ad Valorem Taxes total $16,298,000, $33,909,000, and
$1,396,000, respectively; and
WHEREAS, the FY 2025 budgets for the Enterprise Funds, as amended, total
$299,757,000; and
WHEREAS, the FY 2025 budgets for the Special Revenue Funds, as amended, total
$146,792,000; and
WHEREAS, the FY 2025 budgets for the Internal Service Funds, which are primarily
supported by transfers from the General Fund, Enterprise Funds,the City Center and North Beach
Community Redevelopment Areas, and Special Revenue Funds, total $136,208,000; and
WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs for
the Sanitation Fund in accordance with the FY 2025 budgets, 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
Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03
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 2025 in the amount of
$586,000 shall be funded from State Confiscation Funds in the amount of $71,000 and Federal
Treasury and Justice Confiscation Funds in the amount of$515,000, as reflected in the attached
Exhibit"B"; and
WHEREAS,funds in the amount of$586,000 are available in the Police Confiscation 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$29,000, 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 $29,000 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, 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 $1,853,000 budget allocation for FY
2025 to continue implementation of its programs; and
WHEREAS, from January 11, 2024 through June 6, 2024, the Cultural Affairs staff and
the CAC conducted its application and review process for its FY 2025 Cultural Arts Grant
Programs; and
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WHEREAS, grants panelists, comprised of the CAC members, yielded 62 viable
applications; and
WHEREAS,the CAC, at its regular meeting on July 11, 2024, reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$1,040,545 for FY 2025, as more specifically identified in the "Recommended FY 2025 Funding"
column in Exhibit "D," 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 work plan and budget for FY
2025, in the amount of$3,936,000, to continue implementation of its programs as shown in Exhibit
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 adopts the final budgets, as amended at
the second public hearing on September 25,2024,for the General, G.O. Debt Service, City Center
RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and
Special Revenue Funds for FY 2025 as reflected in Composite Exhibit "A" (Total Revenues by
Fund and Major Category and Expenditures by Fund and Department), Exhibit"B" (Confiscation
Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Cultural Arts
Council Grants), and Exhibit"E" (MBVCA); and further, waives the City's established policy of not
utilizing one-time, non-recurring revenue to fund recurring personnel,operating, and maintenance
costs for the Sanitation Fund.
PASSED AND ADOPTED this c?S day of Cf pl[w bee , 2024.
ATTEST: •
SEP 2 b 2024Steven Meiner, Chairperson
Rafael E. Granado, Secretary
APPROVED AS TO
_\P ;i B: c,, FORM&LANGUAGE
&FOR EXECUTION
% INCORPIOP,ATED.'
CN'26 City Attorney Date
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EXHIBIT E
MBVCA FY 2025 WORK PLAN AND BUDGET
ADMINISTRATION RECOMMENDATION
Adopt the Budget
ANALYSIS
BACKGROUND
The Miami Beach Visitor and Convention Authority(MBVCA)was created and exists pursuant to Chapter 67-930
of the Laws of Florida and Sections 102-246 through and including 102-254 of the Code of the City of Miami Beach
(CMB).
According to Sec.102-251,the MBVCA is to take"all necessary and proper action to promote the tourist industry
for the city, including but not restricted to causing expert studies to be made, promotional programs, the
recommendations and development of tourist attractions and facilities within the city,and to carry out programs
of information, special events, convention sales and marketing, advertising designed to attract tourists,visitors
and other interested persons."The MBVCA also has the duty of making all necessary rules and regulations for the
efficient operations of the authority.
The MBVCA is a seven-member authority. Each member is appointed by the City of Miami Beach Commission,
with the goal of encouraging, developing, and promoting the image of Miami Beach locally, nationally, and
internationally as a vibrant community and tourist destination.To this end,the MBVCA strategically focuses its
funding investments in a balanced manner,fostering outstanding existing programs,stimulating new activities,
and encouraging partnerships.The MBVCA is committed to a careful, long-term plan for allocation of resources
to build the uniqueness of Miami Beach as one of the world's greatest communities and tourism destinations.
A budget revenue projection is provided to the MBVCA by the City of Miami Beach Budget Office annually based
on 5% of the 2% Resort Tax, less 4%for administrative allowance. On an annual basis the MBVCA must provide
the City with a budget,on City forms,based on this projection as outlined in Sec.102-252, before October 1St
The MBVCA normally budgets funding below the City's projection,as the collection of funds can differ substantially
from projection,such as the result of unanticipated problems like an airline strike,terrorism,economic issues,or
storms. In 2008, revenue collections came in$48,000 under the estimated projection,and in 2001 the revenue
collection was down approximately$300,000 from projection.When and if there are unallocated funds remaining
at the end of the budget year,those funds are either rolled over and allocated in the next budget year,or retained
in MBVCA accounts for future reserves,to address any funding reductions in future years. In 2001,by statute,the
MBVCA began investing in the creation of an endowment fund.
The MBVCA is required by law to maintain reserve bank accounts in approved public depositories,with sufficient
reserves to cover one year of funding,which it does.Reserves are maintained to pay grant recipients(contracted)
for the previous program funding cycle, and to ensure that sufficient funds can be invested to stimulate tourism
in the future.The level of reserves was modified in 2011 to maximize the value and impact of tourism-directed
funds.
The MBVCA submits an annual Program of Work to the CMB as required by Sec.102-281.
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