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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI MUSIC FESTIVAL INC
FOR THE ONSTAGE!MIAMI BEACH NEW YEAR'S DAY CELEBRATION 2025
PROGRAMMING DE 172024
This Professional Services Agreement ("Agreement")is entered into this day of
2023 ("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
MIAMI MUSIC FESTIVAL INC a Florida not for profit corporation,whose address is 1400
Ocean Drive,Miami Beach,FL 33139 ("Consultant")
SECTION 1
DEFINITIONS
Agreement:
City Manager:
City Manager's
Designee:
Consultant:
Services:
Fee:
Risk Manager:
This Agreement between the City and Consultant,including any exhibits
and amendments thereto.
The chief administrative officer of the City.
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.
For the purposes of this Agreement,Consultant shall be deemed to be an
independent contractor,and not an agent or employee of the City.
All services,work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
$30,000.00
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.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City,Consultant shall provide
the work and services described in Exhibit "A"hereto (the "Services").
Although Consultant may be provided with a schedule of the available hours to provide its
Services,the City shall not control nor have the right to control the hours of the Services performed
by the Consultant;where the Services are performed (although the City will provide Consultant
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with the appropriate location to perform the Services);when the Services are performed,including
how many days a week the Services are performed;how the Services are performed,or any other
aspect of the actual manner and means of accomplishing the Services provided.Notwithstanding
the foregoing,all Services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit "A"and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the Services to be performed,Consultant should contact the
following person:
Lissette Garcia Arrogante
Director,Tourism and Culture
1755 Meridian Avenue,5 Floor
Miami Beach,Fl 33139
2.2 Consultant's Services,and any deliverables incident thereto,shall be completed in
accordance with the timeline and/or schedule in Exhibit "A"hereto.
SECTION 3
TERM
The term of this Agreement ("Term")shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p.1hereof),and shall have no renewal options,to
be exercised at the City Manager's sole option and discretion,by providing Consultant with written
notice of same no less than thirty (30)days prior to the expiration of the initial term.
Notwithstanding the Term provided herein,Consultant shall adhere to any specific timelines,
schedules,dates,and/or performance milestones for completion and delivery of the Services,as
same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided,Consultant shall be compensated in a total
amount not to exceed $30,000.00.Consultant shall receive its compensation in the
following two (2)installments for one (1)event program:
Payment #1-Fifteen Thousand Dollars and No Cents ($15,000.00).To be paid upon
execution of Agreement.
Payment #2-Fifteen Thousand Dollars and No Cents ($15,000.00).To be paid upon
completion of programming activity as outlined in the Agreement and described above.
4.2 INTENTIONALLY OMITTED
4.3 The fee is to be paid in two (2)installments in the total amount of $30,000.00 upon
completion of the proposed services.
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4.4 INVOICING
Upon receipt of an acceptable and approved invoice,payment(s)shall be made within forty-five
(45)days for that portion (or those portions)of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof)provided,and
shall be submitted to the City at the following address:
Fernando Pestana,Administrative Services Manager
Tourism and Culture Department
1755 Meridian Avenue,5"Floor
Miami Beach,FL 33139
FernandoPestana@miamibeachfl.gov
With copy to:
Lissette Garcia Arrogante,Director
Tourism and Culture Department
1755 Meridian Avenue,5 Floor
Miami Beach,FL 33139
LissetteArrogante@miamibeachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner,or otherwise violates,any of the covenants,
agreements,or stipulations material to this Agreement,the City,through its City Manager,shall
thereupon have the right to terminate this Agreement for cause.Prior to exercising its option to
terminate for cause,the City shall notify the Consultant of its violation of the particular term(s)of
this Agreement and shall grant Consultant ten (10)days to cure such default.If such default
remains uncured after ten (10)days,the City may terminate this Agreement without further notice
to Consultant.Upon termination,the City shall be fully discharged from any and all liabilities,
duties,and terms arising out of,or by virtue of,this Agreement.
Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by the Consultant.The City,at its sole
option and discretion,shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's rights and remedies against Consultant.The
City shall be entitled to recover all costs of such actions,including reasonable attorneys'fees.
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 CONSULT ANT OF SUCH
TERMINATION;WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)DAYS
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FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE.ADDITIONALLY,
IN THE EVENT OF A PUBLIC HEAL TH,WELFARE OR SAFETY CONCERN,AS
DETERMINED BY THE CITY MANAGER,IN THE CITY MANAGER'S SOLE
DISCRETION,THE CITY MANAGER,PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONSULTANT,MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN,OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE.IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY,CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION;FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALL LIABILITIES,DUTIES,AND TERMS ARISING OUT OF,OR BY VIRTUE
OF,THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event,the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify,defend and hold harmless the City of Miami Beach and its
officers,employees,agents,and contractors,from and against any and all actions (whether at
law or in equity),claims,liabilities,losses,and expenses,including,but not limited to,attorneys'
fees and costs,for personal,economic or bodily injury,wrongful death,loss of or damage to
property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions
or other wrongful conduct of the Consultant,its officers,employees,agents,contractors,or any
other person or entity acting under Consultant's control or supervision,in connection with,related
to,or as a result of the Consultant's performance of the Services pursuant to this Agreement.To
that extent,the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses,and shall pay
all costs and attorneys'fees expended by the City in the defense of such claims and losses,
including appeals.The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Consultant shall in no way
limit the Consultant's responsibility to indemnify,keep and save harmless and defend the City or
its officers,employees,agents and instrumentalities as herein provided.
The parties agree that one percent (1%)of the total compensation to Consultant for performance
of the Services under this Agreement is the specific consideration from the City to 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.
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6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term,the following insurance:
1.Consultant General Liability,in the amount of $1,000,000;
2.Workers Compensation &Employers Liability,as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the State
of Florida.All insurance policies must be issued by companies rated no less than "B+"as to
management and not less than "Class VI"as to strength by the latest edition of Best's Insurance
Guide,published by A.M.Best Company,Oldwick,New Jersey,or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30)days prior to termination,cancellation or reduction in coverage
in the policy.The insurance certificates for General Liability shall include the City as an additional
insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior
to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager.
The City shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certificates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement until all
insurance required under this section has been obtained and such insurance has been approved
by the City's Risk Manager.
SECTION 7
LITIGATION 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 $10,000.
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Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.
Accordingly,and notwithstanding any other term or condition of this Agreement,Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability,as set forth in Section 768.28,Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein,Consultant shall exercise
that degree of skill,care,efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services,Consultant shall comply with all applicable laws,ordinances,
and regulations of the City,Miami-Dade County,the State of Florida,and the federal government,
as applicable.
9.3 PATENT RIGHTS;COPYRIGHT;CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement,as well as all information specifications,
processes,data and findings,are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant,without the prior written consent of the City
Manager,excepting any information,records etc.which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports,documents,articles,devices,and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City and shall not be subject
to any application for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultants,without the prior written consent of the City Manager.
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SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant,and at any time during normal business
hours (i.e.9AM --5PM,Monday through Fridays,excluding nationally recognized holidays),and
as often as the City Manager may,in his/her reasonable discretion and judgment,deem
necessary,there shall be made available to the City Manager,and/or such representatives as
the City Manager may deem to act on the City's behalf,to audit,examine,and/or inspect,any
and all other documents and/or records relating to all matters covered by this Agreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the "Notices"section of this Agreement.
10.2 INSPECTOR GENERA L AUDIT RIGHTS
(A)Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the Inspector General which may,on a random basis,perform reviews,audits,
inspections and investigations on all City contracts,throughout the duration of said
contracts.This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B)The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past,present and proposed City programs,accounts,records,
contracts and transactions.In addition,the Inspector General has the power to subpoena
witnesses,administer oaths,require the production of witnesses and monitor City projects
and programs.Monitoring of an existing City project or program may include a report
concerning whether the project is on time,within budget and in conformance with the
contract documents and applicable law.The Inspector General shall have the power to
audit,investigate,monitor,oversee,inspect and review operations,activities,performance
and procurement process including but not limited to project design,bid specifications,
(bid/proposal)submittals,activities of the Consultant,its officers,agents and employees,
lobbyists,City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C)Upon ten (10)days written notice to the Consultant,the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying.The Inspector General is empowered to retain the services of independent
private sector auditors to audit,investigate,monitor,oversee,inspect and review
operations activities,performance and procurement process including but not limited to
project design,bid specifications,(bid/proposal)submittals,activities of the Consultant its
officers,agents and employees,lobbyists,City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
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(D)The Inspector General shall have the right to inspect and copy all documents and records
in the Consultant's possession,custody or control which in the Inspector General's sole
judgment,pertain to performance of the contract,including,but not limited to original
estimate files,change order estimate files,worksheets,proposals and agreements from
and with successful subcontractors and suppliers,all project-related correspondence,
memoranda,instructions,financial documents,construction documents,(bid/proposal)
and contract documents,back-change documents,all documents and records which
involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends
received,payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E)The Consultant shall make available at its office at all reasonable times the records,
materials,and other evidence regarding the acquisition (bid preparation)and performance
of this Agreement,for examination,audit,or reproduction,until three (3)years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement.In addition:
i.If this Agreement is completely or partially terminated,the Consultant shall make
available records relating to the work terminated until three (3)years after any
resulting final termination settlement;and
ii.The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals,litigation,or claims are finally resolved.
(F)The provisions in this section shall apply to the Consultant,its officers,agents,employees,
subcontractors and suppliers.The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Agreement.
(G)Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities.The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING
Consultant shall not subcontract,assign,or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager,which consent,if
given at all,shall be in the Manager's sole judgment and discretion.Neither this Agreement,nor
any term or provision hereof,or right hereunder,shall be assignable unless as approved
pursuant to this section,and any attempt to make such assignment (unless approved)shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services,the Consultant shall file a State of Florida Form PUR
7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes with
the City's Procurement Division.
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10.5 NO DISCRIMINATION
In connection with the performance of the Services,the Consultant shall not exclude from
participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race,
color,national origin,sex,age,disability,religion,income or family status.
Additionally,Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance,codified in Chapter 62 of the City Code,as may be amended from time to time,
prohibiting discrimination in employment,housing,public accommodations,and public services
on account of actual or perceived race,color,national origin,religion,sex,intersexuality,gender
identity,sexual orientation,marital and familial status,age,disability,ancestry,height,weight,
domestic partner status,labor organization membership,familial situation,or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions,as set forth in the Miami-Dade County
Code,as may be amended from time to time;and by the City of Miami Beach Charter and Code,
as may be amended from time to time;both of which are incorporated by reference as if fully set
forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest,directly
or indirectly,which could conflict in any manner or degree with the performance of the Services.
Consultant further covenants that in the performance of this Agreement,Consultant shall not
employ any person having any such interest.No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A)Consultant shall comply with Florida Public Records law under Chapter 119,Florida
Statutes,as may be amended from time to time.
(B)The term "public records"shall have the meaning set forth in Section 119.011(12),which
means all documents,papers,letters,maps,books,tapes,photographs,films,sound
recordings,data processing software,or other material,regardless of the physical form,
characteristics,or means of transmission,made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C)Pursuant to Section 119.0701 of the Florida Statutes,if the Consultant meets the definition
of "Contractor"as defined in Section 119.0701 (1)a),the Consultant shall:
(1)Keep and maintain public records required by the City to perform the service;
(2)Upon request from the City's custodian of public records,provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3)Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed,except as authorized by law,
for the duration of the contract term and following completion of the 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
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records in possession of the Consultant or keep and maintain public records
required by the City to perform the service.If the Consultant transfers all public
records to the City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.If the Consultant keeps and maintains public
records upon completion of the Agreement,the Consultant shall meet all
applicable requirements for retaining public records.All records stored
electronically must be provided to the City,upon request from the City's custodian
of public records,in a format that is compatible with the information technology
systems of the City.
(D)REQUEST FOR RECORDS;NONCOMPLIANCE.
(1)A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City.If the City does not possess the
requested records,the City shall immediately notify the Consultant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2)Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement,and the City,at its sole discretion,may:(1)unilaterally
terminate the Agreement;(2)avail itself of the remedies set forth under the
Agreement;and/or (3)avail itself of any available remedies at law or in equity.
(3)A Consultant who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s.119.10.
(E)CIVIL ACTION.
(1)If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services,the court shall assess and award against
the Consultant the reasonable costs of enforcement,including reasonable
attorneys'fees,if:
a.The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time;and
b.At least 8 business days before filing the action,the plaintiff provided written
notice of the public records request,including a statement that the Consultant
has not complied with the request,to the City and to the Consultant.
(2)A notice complies with subparagraph (1 )(b)if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent.Such notices must
be sent by common carrier delivery service or by registered,Global Express
Guaranteed,or certified mail,with postage or shipping paid by the sender and with
evidence of delivery,which may be in an electronic format.
(3)A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F)IF THE CONSUL TANT HAS QUESTIONS REGARDING THE
APPLI CATION OF CHAPTER 119,FLORIDA STATUTES,TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLI C RECORDS
RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
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CITY OF MIAMI BEACH
ATTENTION:RAFAEL E.GRANADO,CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FLORIDA 33139
E-MAIL:RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE:305-673-7411
10.8 FORCE MAJEURE
(A)A "Force Majeure"event is an event that (i)in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement,and (ii)is beyond the
reasonable control of such party unable to perform the obligation,and (iii)is not due to an
intentional act,error,omission,or negligence of such party,and (iv)could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event.Subject to the foregoing criteria,Force Majeure may include
events such as war,civil insurrection,riot,fires,epidemics,pandemics,terrorism,
sabotage,explosions,embargo restrictions,quarantine restrictions,transportation
accidents,strikes,strong hurricanes or tornadoes,earthquakes,or other acts of God
which prevent performance.Force Majeure shall not include technological impossibility,
inclement weather,or failure to secure any of the required permits pursuant to the
Agreement.
(B)If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure,such party shall immediately,upon
learning of the occurrence of the event or of the commencement of any such delay,but in
any case within fifteen (15)business days thereof,provide notice:(i)of the occurrence of
event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the
anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and (v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event.The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section;however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C)No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable,in whole or in part,by Force Majeure
to carry out such obligations.The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required.The party shall use its reasonable best efforts to 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
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possible.The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E)Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure
occurrence,the City may,at the sole discretion of the City Manager,suspend the City's
payment obligations under the Agreement,and may take such action without regard to the
notice requirements herein.Additionally,in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
(30)days,the City may,at the sole discretion of the City Manager,terminate the
Agreement on a given date,by giving written notice to Consultant of such termination.If
the Agreement is terminated pursuant to this section,Consultant shall be paid for any
Services satisfactorily performed up to the date of termination;following which the City
shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue
of,this Agreement.In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A)Consultant shall comply with Section 448.095,Florida Statutes,"Employment Eligibility"
("E-Verify Statute"),as may be amended from time to time.Pursuant to the E-Verify
Statute,commencing on January 1,2021,Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement.Additionally,Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the contract
Term.If Consultant enters into a contract with an approved subconsultant,the
subconsultant must provide the Consultant with an affidavit stating that the subconsultant
does not employ,contract with,or subcontract with an unauthorized alien.Consultant
shall maintain a copy of such affidavit for the duration of the Agreement or such other
extended period as may be required under this Agreement.
(B)TERMINATION RIGHTS.
(1)If the City has a good faith belief that Consultant has knowingly violated Section
448.09(1),Florida Statutes,the City shall terminate this Agreement with Consultant
for cause,and the City shall thereafter have or owe no further obligation or liability
to Consultant.
(2)If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A),but the Consultant otherwise complied with such
subsection,the City will promptly notify the Consultant and order the Consultant to
immediately terminate the Agreement with the subconsultant.Consultant's failure
to terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate the Consultant's contract for cause.
(3)A contract terminated under the foregoing Subsection (B)(1)or (B)(2)is not in
breach of contract and may not be considered as such.
(4)The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1)or
(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
12
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1 A
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 CONSUL TANT:
TO CITY:
Michael Rossi,Executive Director
Miami Music Festival INC
1440 Ocean Drive
Miami Beach,FL 33139
Lissette Garcia Arrogante,Director
Tourism and Culture Department
1755 Meridian Avenue,5"Floor
Miami Beach,FL 33139
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S.certified mail,return receipt requested,hand delivered,or by
overnight delivery.In the event an alternate notice address is properly provided,notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt,or,in all other cases,on the
date of receipt or refusal.
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.
13
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A
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:5D69BABE-F34B8-45C6-A319-C679F7 167C1A
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:
ATTEST:
CITY OF MIAMI BEACH,FLORIDA
By:
Cityl}J
EC 17 2024
Date:-----------
FOR CONSULTANT:
ATTEST:
Angelica Perez,Director of Administration
Print Name and Title
Date:12/4/2024
MIAMI MUSIC FESTIVAL
(ll Rs
Michael Rossi,Executive Director
Print Name and Title
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
/MAP""2/oh
/94 Date
15
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7 167C1A
Exhibit A-Scope of Services and Fees
Miami Music Festival will provide services for cultural programming during the OnStage!
Miami Beach New Year's Day 2025 Celebration Programming
Miami Music Festival will host the
1.New Year's Day Celebration to be held on January 1,2025 on 12"Street and Ocean Drive
at Lummus Park from 5:30 PM-7.00 PM
Services shall include all aspects of event production,equipment rental,and coordination with
City staff.
FEES
In consideration of the Services to be provided,Consultant shall be compensated for a total
amount not to exceed $30,000.00.
Payment #1-FIFTEEN THOUSAND DOLLARS AND ZERO CENTS $15,000.00.To be paid upon
execution of Agreement.
Payment #2-FIFTEEN THOUSAND DOLLARS AND ZERO CENTS $15,000.00.To be paid upon
completion of programmed activity (1/1/25 New Year's Day Celebration),as outlined in the
Agreement and described above.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
16
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A
I h Miami DadeACollege
North Campus
November 12,2024
Victor White,Division Chief
Training Division,City of Miami
Beach Fire-Rescue Department
2300 Pinetree Drive
Miami Beach,Florida 33141
Dear Chief White:
Tiro cionce
Iroyran
We are looking forward to working with the City of Miami Beach Fire-Rescue Department
beginning November 18,2024,for your Standard Operating Procedures Training at our fire
academy.Per your request,we have scheduled 12 weeks of training at our facilities inclusive of
live fire training at our bum facility for your firefighter recruits.
Specifically:
Commencing November 18,2024 Eleven recruits will be registered as students in the academy.
The cost will be the cost of tuition for each individual student at $2,146.72 per student.
Additionally,there is a $30.00 application fee per student unless the student is already a Miami
Dade College (MDC)student with an MDC student identification number.The total tuition costs
for the eleven students is $23,613.92.The total application fee for the group is $330.00 if all
students have not been previously admitted to MDC.The price includes an Instructor-In-Charge
(IIC),a Safety Officer,and four Live Fire Training Instructors that will serve as fire control for
your interior crews during scheduled live bums.
City of Miami Beach Fire-Rescue guidelines will apply for pre-bum,and post bum medical
evaluations.City of Miami Beach Fire-Rescue personnel will perform the support functions of
Back Up/RIT under the direction of the IIC.
If approved,please sign below:
Victor White,Division Chief
Training Division,City of Miami Beach Fire Rescue
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attomey <ax Date
Fire Science Program
Miami Dade College,North Campus,3180 NW 119 Street,Miami,FL 33167
Phone:305-237-FIRE (3473)or 305-237-1360 Fax 305-237-8293
kpaulnoe@mdc.edu
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A
I h Miami DadeA7PCollege
North Campus
•Fire Scie11ce
Programa
T
The following items are required prior to participation in the live fire training:
State Verification of Hours signed off showing the students have successfully completed the
following components according to NFPA 1403 (or,a copy of each students State Firefighter
Certificate if already certified):
I.Safety
2.Fire Behavior
3.Portable Extinguishers
4.Personal Protective Equipment
5.Ladders
6.Fire hose,appliances,and streams
7.Overhaul
8.Water Supply
9.Ventilation
I 0.Forcible Entry
(1)Instructor's State Certificates of Competency and copy of Live Fire Instructor
certificate for each burn instructor.
(2)Complete and sign Miami-Dade College Release and Acknowledgement form for
each participant-Done on day of bum.
(3)Miami-Dade College Fire Academy adheres to our live bum procedures,which
are NFP A 1403 compliant.If you require a transport capable rescue vehicle,you
must provide this on your own.
We are look forward to working with you.If you have any questions or concerns,please contact
me at (305)237-3473 or email:kpaulnoe@mdc.edu.
Sincerely,
Chief Karls Paul-Noel,Program Manager
Fire Science Program
Miami Dade College,North Campus,3180 NW 119 Street,Miami,FL 33167
Phone:305-237-FIRE (3473)or 305-237-1360 Fax 305-237-8293
kpaulnoe@mdc.edu
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7 167C1AoACORD'CERTIFICATE OF LIABILITY INSURANCE I DATE (MMDDNYYY)
~10/10/2024
THIS CERTIFICATE IS ISSUED AS A MATT ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW .THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI TUTE A CONTRACT BETW EEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IM PO RTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITI ONAL INSURED provisions or be endorsed.
If SUBROGATION IS W AIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Will MadduxNAME:
East Main Street Insurance Serv ices,Inc.I?"}e a.(530)477-6s21 I FAXIA/C Nol:
W ill M addux E-M AI L info@ theeventhelper.comADDRESS:
PO Box 1298 INSURER(S)AFFORDING COVERAGE NAIC #
Grass Valley CA 95945 INSURER A :Evanston Insurance Company 35378
INSURED INSURER B :
Miam i Music Festival,INC INSURERC:
c/o Angelica Perez INSURER D:
1440 Ocean Dr INSURER E:
Miam i Beach FL 33139 INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURA NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTW ITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRA CT OR OTH ER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURA NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN S R A D D L SU B R 2%8,48#3.%%,LIM ITSLTRTYPEOFINSURANCEurtuturPOLICYNUMBERXCOMMERCIALGENERALLIABILITYEACHOCCURRENCEs 1,000,000
laovsoe X/occn DAMAGE TO RENTEDPREMISES(Ea occurrence)s 100,000
X Host Liquor Liability MED EXP (Any one person)s 5,000
A Retail Liquor Liability y N 3DS5475-M3831570 11/14/2024 01/05/2025 PERSONAL &ADV INJURY s 1,000,000~
GEN'L AGGREGATE LIMIT APPLIES PER:.12:01 AM 12:01 AM GENERAL AGGREGATE s 2,000,000P9□PRO-Lee-PRODUCTS -COMP/OP AGG $2,000,000POLICYJECT
OTHER:Deductible s 1,000
A U T O M O B ILE LI A B ILI TY COMBINED SINGLE LIMIT s(Ea accident)~
ANY AUTO BODILY INJURY (Per person)s~OWNED -SCHEDULED BODILY INJURY (Per accident)s
f--AUTOS ONLY -AUTOSHIREDNON-OWNED PROPERTY DAMAGE sAUTOSONLYAUTOSONLY(Per accidentf---s
UM B R E L L A LIA B HOCCUR EACH OCCURRENCE $
f--
EX C E S S LI A B CLAIMS-MADE AGGREGATE s
OED I I RETENTION s s
W O R K E R S C O M P E N S A TI O N /Eure l IOTH-
A N D EM P L O Y E R S 'LI A B ILI TY ER
Y /NANYPROPRIETOR/PARTNER/EXECUTIVE □N /A E.L.EACH ACCIDENT $OFFICER/MEMBER EXCLUDED?
(M a n d ato ry in N H )E.L.DISEASE -EA EMPLOYEE S
If yes,describe under E.L.DISEASE -POLICY LIMIT sDESCRIPTIONOFOPERATIONSbelow
DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached ii more space is required)
Certifica te holder listed below is named as additional insured per attached MEGL 2217 01 19.Attendance:300,Event Type:Festival &Cultural Event -Indoor
and/or Outdoor.The City of Miami Beach is included as an additional insured with respect to the Holiday Concert on the Euclid Oval.Load-in,performance,and
load-out to occur on November 23rd.This is an orchestra concert with singers.The City of Miami Beach is included as an additional insured with respect to the
M iam i Beach Holiday Festival of Lights on the 1400 block of Ocean Drive.This is an orchestra concert with singers and projections onto buildings.Load-in:
Decem ber 11 Load-Out:December 22 Performance dates:December 13,14,15,20,21,22 The City of Miami Beach is included as an additional insured with
respect to the New Year's Day Concert in Lummus Park.Load-in,performance,and load-out to occur on January 1st.This is an orchestra concert with singers.
CERTIFICATE HOLDER CANCELLATION
SH O U LD A NY O F THE ABO VE DESCR IBED POLI C IES BE CA NC ELLED BEFORE
TH E EX P IR ATIO N DATE THER EOF,NOTIC E W ILL BE DELI VERED IN
A C C O R D A N C E W ITH THE PO LI C Y PROVISIO NS.
City of Miami Beach AUTHORIZED REPRESENTATIVE /;II;lf'~f'O
17 00 Convention Ctr Dr
I Miam i Beach FL 33139
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION.AII rights reserved.
The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A
lMARKEL
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:3DS5475-M3831570
EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s):
City of Miami Beach
1700 Convention Ctr Dr
Miam i Beach,FL 33139
A.Section II -W ho Is An Insured is amended to include as an additional insured the person(s)or
organization(s)shown in the Schedule of this endorsement,but only with respect to liability for
"bodily injury","property dam age"or "personal and advertising injury"caused,in whole or in part,
by the acts or om issions of any insured listed under Paragraph 1.or 2.of Section II -Who Is An
Insured:
1.In the pe rform a nce of your ongoing operations;or
2.In connection w ith your prem ises ow ned by or rented to you.
However:
1.The insurance afforded to such additional insured only applies to the extent permitted by law ;and
2.If coverage provided to the additional insured is required by a contract or agreement,the insurance affor ded to
such additional insured w ill not be bro ader than that w hich you are required by the contract or agreement to
provide for such additional insured.
MEGL 2217 01 19 Includes copyrighted material of Insurance Serv ices Office,Inc.,
w ith its perm ission.
Page 1 of 2
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7 167C1A
B.With respect to the insurance afforded to these additional insureds,the following is added to
Section Ill -Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement,the most we
will pay on behalf of the additional insured is the amount of insurance:
1.Required by the contract or agreement;or
2.Available under the applicable Limits of Insurance shown in the Declarations;whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
MEGL 2217 0119 Includes copyrighted material of Insurance Services Office,Inc.,
with its permission.
Page 2 of 2
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A...
I
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
GENERA L,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 C ity Manager's total Fiscal Y ear (FY)2025 operating budget,net of
transfers and Intern al Serv ice Funds,as am ended at the second public hearing on Septem ber
25,2024,is $872,378,000 including the G eneral,General Obligation (G .O .)Debt Serv ice,C ity ,
C enter R D A A d V alorem Taxes,N orth Beach C RA Ad V alorem Taxes,Enterprise,and Special
R evenue Funds,as reflected in the attached C om posite Exhibit "A ";and
WHEREAS,the FY 2025 General Fund operating budget,as am ended,totals
$456,164,000;and
WHEREAS,the FY 2025 budgets for the G.O .Debt Serv ice,C ity C enter R DA Ad Valorem
Taxes,and N ort h Beach C RA Ad Valorem T axes total $16,298,000,$33,909,000,and
$1,396,000,respectively;and
WHEREAS,the FY 2025 budgets for the Enterprise Funds,as am ended,total
$299,757,000;and
WHEREAS,the FY 2025 budgets fo r the Special R evenue Funds,as am ended,total
$14 6,792,000;and
WHEREAS,the FY 2025 budgets for the Intern al Serv ice Funds,which are prim arily
supported by transfers fro m the General Fund,Enterprise Funds,the C ity Center and N orth Beach
C om m unity R edevelopm ent Areas,and S pecial Revenue Funds,total $136,208,000;and
WHEREAS,in order to utilize prior year fund balance/reserv es to fund recurring costs for
the Sanitation Fund in accordance w ith the FY 2025 budgets,the M ayor and C ity C om m ission
w ould need to w aive the C ity 's established policy of not utilizing one-tim e,non-recurring revenue
to fund recurring personnel,operating,and m aintenance costs;and
WHEREAS,Section 932.7055 of the Florida Statutes sets fo rth the purpose and
procedures to be util ized fo r the appropriation and expenditures of the Police C onfiscated Trust
Fund;a nd
WHEREAS,the pro ceeds and interest earn ed from the Police C onfiscated Trust Fund are
authorized to be used fo r crim e prevention,safe neighborhoods,drug abuse education and
prevention program s,or fo r other law enfo rcem ent purposes;and
WHEREAS,the C hief of Police is authorized to expend these funds follow ing a request to
the C ity of M iam i Beach C om m ission,and only upon appropriation to the M iam i Beach Police
D epartm ent by the C ity of M iam i Beach C om m ission;and
WHEREAS,the C hief of Police of the C ity of M iam i Beach has subm itted a written
certification (att ached as Exhibit "B ")w hich states that this request com plies with the provisions
Docusign Envelope ID:5D69BABE-F34B-45C6-A319-C679F7167C1A
of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally
Forfeited Property for Local Law Enforcem ent 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 am ount of $586,000 are available in the Police Confiscation Trust
Funds;and
WHEREAS,the City of Miam i Beach is authorized to assess $2.00 from court costs for
crim inal proceedings for expenditures for Crim inal Justice Education degree programs and
training courses for offi cers and support pers onnel 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 crim inal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes,in the am ount 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 Crim inal Justice Standards and Training;and
WHEREAS,the City of Miam i 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
program s and training co urses for offi cers and support personnel of the Miami Beach Police
Departm ent;and
WHEREAS,the Miami Beach Cultural Arts Council (CAC)was established by the Mayor
and City Com m ission on March 5,1997;and
WHEREAS,the mission of the CAC is to develop,coordinate,and promote the visual and
perform ing arts in the City of Miam i Beach for the enjoym ent,education,cultural enr ichment,and
benefit of the residents of,and visitors to,the City of Miami Beach;and
WHEREAS,the Mayor and City Com mission adopted the Cultural Arts Master Plan on
June 3,1998,identify ing 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 Com mission;and
WHEREAS,accordingly,the CAC recomm ends a $1,853,000 budget allocation for FY
2025 to continue im plem entation 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
Pro gram s;and
2
Docusign Envelope ID:5D69BABE-F34B8-45C6-A319-C679F7167C1 A
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 ZS__day or Seo+tune _,2024.
ATTEST:
--z:J SEP 2 6 2024 Steven Meiner,Chairperson
Rafael E.Granado,Secretary
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
33
Ci ty Att omey
9/2l 2oz 4
Date
3
D o cusig n Envelope ID :5D 69BA BE-F34B-45C 6-A319-C 679F7167C 1A
MIAMI BEACH Contract/Document Routing Form
Agreem ent -New Years Day Celebration 2025
EI7ET:TT7
M iam i M usic Festival Tourism and Culture Departm ent
EE"ET77HEIT-TIET"ET"T ETI7EE!TI tr,.463,r;tu
Li ssette G arcia Arrogante I8 see w a n s kl /]khlho»[/12/2/-"I I
E:ATLAS77CEZ"EYED]
Type 1-Contract,am endm ent,change order,or task order resulting from a procurem ent-issued com petitive solicitation.
Type 2-Other co ntract,am endm ent,change order,or task order not resulting from a procurem ent-issued com petitive solicitation.
Type 3-Independent Contractor Agreem ent (ICA)Type 6-Tenant Agreem ent
Type 4-Grant agreem ents w ith the City as the recipient Type 7--Inter-govern m ental agency agreem ent
Type 5-Grant agreem ents w ith the City as the granter X Type 8-Other:Special Events Agreem ent
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Agreem ent w ith M iam i M usic Festival to pro vide audio serv ices,stage,production,and m usic serv ices fo r the New Years Day
concert event on January 1,2025.This agreem ent is funded fr om the O nstage!Cultural Pro gram m ing/Activation budget
allocation in the FY 2025 Resort Tax Fund.
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G rant Funded:I I Yes I X No I I State I I Federal I I Ot her:I
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1 $30,000 160-0380-000349-25-406-548-00-00-00-]tr Yes X No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurem ent Departm ent.2.Att ach any support ing explanation needed.
3.Budget approval indicates appro val fo r the current fiscal year only.Future years are subject to City Com m ission appro val of
the an nual adopted operating budget.
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City Com m ission Approved:I I Yes I I
N o Resolution No.:I CC Agenda Item No.:I CC M eeting Date:
2024-33294 I R7 B I 9/25/2024
If no,explain w hy CC approval is not required:
egal Fo rm A ppro ved:I x I Yes I I N o If no,explain below w hy fo rm appro val is not necessary :
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Pro curem ent:G rants:
Budget:Tam eka O tt o Stew art ,Info rm ation Technology:
Risk M anagem ent:M arc Chevalier Ge Fleet &Faci lities:
H um an Resources:O ther: