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Professional Services Agreement between CMB & Screen Partners LLC Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 20 24 - 33294 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCREEN PARTNERS LLC 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 SCREEN PARTNERS LLC, a Florida corporation whose address is 5155 NE 2nd Ct, Apt. 3, Miami FL 33137 ("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. 2 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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. 3 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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 4 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 5 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 6 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 7 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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. 8 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 (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. 9 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 10 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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(aMIAMIBEACHFL.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 11 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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 12 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Screen Partners LLC 5155 NE 2nd Ct, Apt 3 Miami, FL 33137 Julia.Zurilla@screen-partners.com TO CITY: Gabriella Roman Cultural Affairs Manager 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 GabriellaRoman@miamibeachfl.gov 13 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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] 14 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 !� ILS City Clerk City Manager NOV 2 , 1 2024 rM�.Bim,,, Date: N1'11 4 'I " ' : '.INCORPORATED' FOR CONSULTANT: SCREEN PARTNERS LLC ATTEST: By Rafael Nunez Julia Zurilla Print Name and Title Print Name and Title Date: 10/28/2024 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1012-3(2ii 7,b\City Attorney% Date F: ATTO/TORG/Agreements/Professional Services Agreement 2021 modified 01-12-2021 15 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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. Miami Artist Julia Zurilla presents "-- .. .- .-- -..- (MIA WX)," a multimedia project that combines experimental videos and circular photographs, juxtaposing images from past and present that explore nostalgia and contemporary environmental realities. The installation layout is arranged in Morse code, a visual system composed of dashes, dots and spaces that is also known as "the lifesaving language." This project reflects both the urgency of climate communication and the adaptability of the installation, allowing any word associated with the project's theme to be expressed and tailored to various spaces. • lk 01110 AIOW 16 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 M I AM I BEACH Contract/Document Routing Form Contract Na. Title N/A No Vacancy,Miami Beach 2024-Mist Contracts tfiiec Requesting Department Tourism&Culture:Oscar Rieveling Sanchez,Ext.22711 ACM Name,Signature Y,Date Lissette Garcia Arr ante ae � -_ __ Rickeue Williams ►� �n1/ Pliii INF 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)/ Professional Services Agreement 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 Type 8-Other: Summary&Justification 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) —11.11 90 days ( N/A I 90 days 1 F Grant Funded: IIIII Yes © No - State Federal El Other. Cost.&Funding Source Year /Cost aAtcount 1 USD 100,000 160-0380-000349-25-406-548-00.00-00- ul ' Yes X No 2 USD 20,000 TBD(Grant Account to be created contin 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. Authority 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 No I If no,explain below why form approval is not necessary: Compliance Approvals Procurement: N/A Grants: Budget: Tameka Otto Stewart me Information Technology: ( Risk Management: Marc Chevalier ( Fleet&Facilities: Human Resources: N/A Other: Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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 criteria 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. 2 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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(OTT),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 3 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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 cm 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. 4 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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. 5 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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, Gaudio 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. 6 Docusign Envelope ID.0CC9B759-DFB6-4CBB-B432-086245659E03 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 7 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 8 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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. 9 Docusign Envelope ID.0CC9B759-DFB6-4CBB-B432-08624B659E03 EXHIBIT E 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 MBVCA'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 em ployees.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. 10 Docusign Envelope ID:0CC9B759-DFB6-4CBB-8432-08624B659E03 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 $ 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 S 51,800 14% Operating Expenses $ 190,000 $ 150,000 $ (40,000) 4% Capital $ 15,000 $ 2,000 $ (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 $ 646,000 $ 170,000 16% Film Incentive 5 100,000 $ 100,000 $ - 3% Development Opportunities $ 120,000 $ 120,000 $ - 3% Total Tourism Adv.Program $ 1,779,000 5 1,814,500 $ 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 S 200,000 $ - 5% Destination Marketing $ 500,000 $ 500,000 $ - 13% APP Marketing $ 50,000 5 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 $ - 4% R&D $ 200,000 5 244,700 $ 44,700 6% Projected Cash Flow Reserve $ 5,000 $ 5,000 $ - 0% Total Other $ 365,000 $ 399,700 $ 44,700 10% TOTAL EXPENDITURES $ 3,927,000 $ 3,936,000 $ 9,000 100% Docusign Envelope ID OCC9B759-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-8432-08624B659E03 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 2 Docusign Envelope ID 0CC9B759-DFB6-4CBB-8432-08624B659E03 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 E " 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 c2 S day of SeP4i,hee , 2024. ATTEST: SEP 2 b 2024 Steven Meiner, Chairperson Rafael E. Granado, Secretary APPROVED AS TO ,Byc' FORM&LANGUAGE &FOR EXECUTION IliCOPP10P,AMED gl2r4 zaz. - .,r 6•H, City Attorney Date 3 Docusign Envelope ID:0CC9B759-DFB6-4CBB-B432-08624B659E03 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 1" 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. 1