HomeMy WebLinkAboutSponsorship Agreement Ocean Drive Improvement Association - 2026 Firework Display Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B ����^�•
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SPONSORSHIP AGREEMENT
OCEAN DRIVE IMPROVEMENT ASSOCIATION -2026 FIREWORK3 DISPLAY
This SPONSORSHIP AGREEMENT - OCEAN DRIVE IMPROVEMEN�' ASSOCIA�O - Z026
FIREWORKS DISPLAY(the "Agreement") is made and entered into this�day of _ � �
2026, by and between the City of Miami Beach, Florida, a Florida municipal rporation(th "City"), with
offices at 1700 Convention Center Dnve, Miami Beach, Florida 33139, and Ocean Drive Improvement
Association, Inc., a Florida not-for-profit corporation ("Event Organize�'), whose address is 760 Ocean
Drive, Miami Beach, Florida 33139.
WITNESSETH:
WHEREAS, Event Organizer, in partnership with the City, has hosted annual Independence
Day fireworks on the Lummus Park beBChfront for over a decade;
WHEREAS. in recent years, Event Organizer has expanded its Independence Day celebration
to include a patriotic concert on Qcean Dnve and 12th Street, featuring an orchestra performance by
the M�ami Beach Classical Music Festival;
WHEREAS, as part of its pa�tnership, the City has historically provided special eveM
sponsorship to Event Organizer in the amount of a50,000 in matching funds for fireworks displays for
Independence Day and New Year's Eve;
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted an amendment to
the Turtle Nesting Protection Ordinance No. 2024-4652, which restricts fireworks displays on the
beachfront during turtle nesting season but permits displays from offshore barges;
WHEREAS, Event O+rgani2er has indicated that secunng an offshore barge for the July 4, 2025,
fireworks display is cost-prohibitive and requested that the City fund the remaining 550,000 necessary
to cover the cost of the barge and fireworks activation;
WHEREAS, Event Orgarnzer submitted a fully executed agreement with Explosive Touch
Enterprises, a firewo�ics vendor, detailing a total cost of$100,000 for the fireworks display and offshore
barge,
WHEREAS, on May 21, 2025, the Mayor and City Commission adopted Resolution No. 2025-
33661, approving a one-time additional speGal event sponsorship for Event Organizer's July 4, 2025
event fireworks display, funding the gap �n an amount up to 550,000, and further a�thorizing the City
Manager and City Clerk to execute the sponsorship agreement;
WHEREAS, for 2026, the Ocean Drive 250th Anniversary of the United States Independe�ce
celebration f�reworks activation has a total cost of$113,500,and Event Orgarnzer is requesting funding
from the City for 50% of the total cost, in an amount up to $56,750;
WHEREAS, on March 18, 2026, the Mayor and City Commission adopted Resolution No. 2026-
34202, approving a one-time additional speGal event sponsorship for Event Organlzers July 4. 2026
event firewo�ks display(the"Evant"), funding the gap in an amount up to 356,750, and further authorizing
the City Manager and City Clertc to execute this Agreement;
WHEREAS, the City's sponsorship funding for the Event is to be paid directly to Event
Organizer, as more particulariy set forth herein, to offset expenses for producing and presenting the
Event.
i
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PIOW, THEREFORE, �n consideraGon of the mutual promises and covenants mada herem, City
and Event Organi2er agree as follows�
1. R ci I . The above recitals are true and correct and are incorporated by reference herein.
2. Tertn. The term of this Agreement(the"Term")will commence on the EffecUve Date set forth above,
and shail expire foliowing the conclusion of the Event and Event Organizer's completion of all of its
obligations hereunder, unless terminated earlier in accordance with this Agreement.
3. Event. Event Orgarnzer shall be solely responsible for producing and promoting all aspects of the
Event, including securfng private sponsors and vendors to participate in the Event. The Event
Organizer has advised the City that the Event shall be known and promoted under the title of the
"Ocean Drive Improvement Association - 2026 Fireworks Display." The Event Organizer shall be
responsible for the conduct and operation of the Event and will provide the appropriate personnel
to conduct the Event. The City is under no obligatian to fund subsequent Events.
Event Orgarnzer shall be responsible for any and all compensation that may be due t,o any and all
performers, enterta�ners, vendors, orgarnzations, event sanctioning bodies, vendors, and
particlpants, and the City shall have no such responsibility, obligation, or liability. The City shatl not
be responsible or liable to competitors for pr�ze money payments, or to any third party for any aspect
of the product�on of the Event. Further, the City shall not be a party to any independent contracts
that the Event Organize� may enter into with other organizations, contractors, or participants in the
Event and/or supportmg activities, nor shall the City be liable to such third parties. Event Organizer
shall not represent that it is an agent, offcial, authorized representative, or employee of City.
4. Sponsorship Fundina. Sub�ect ro Event Orgarnzer's compliance with its obhgations unde� this
Agreement and an annual appropriation of funds at the City Commission's sole discretion, the City
shall provide Event Organizer with sponsorship funding for the purposes specified herein, in the
amount of $56,750 for the Event; pravided, however, that no more than 15 percent (15%) of the
City's total sponsorship contribution may be disbursed in advance of the Event. All remaining cash
contnbutions shall be made on a reimbursement bas�s, following (i) the conclusion of the Event, (ii)
the City's receipt and approval of production development materials and reqwred supporting
documentation (e.g. invo�ces, canceled checks and photographs) demonstrating that Event
Organizer has actually incurred such th�rd-party expenses, and (iii) Event Orgarnzer's submission,
and the Citys acceptance, of the Final Report.
5. Warranties. Event Organizer warrants and represents that it has all necessary nghts, authority,
licenses and permits necessary to enter into this Agreement, to grani the rights and licenses herein
granted, and to carry out its responsibilities as set forth herei�. Event Organizer shall utili2e the
sponsorship benefits to conduct and operate the Event in a safe and respectful manner, in
accordance w�th al! appUcable laws, and without endangenng others or violating their nghts.
6. �DonsOrshiq Benefits. In consideration of the City sponsorship funding described in this Agreement,
and the mutual promises made herein, Event Organizer shall provide sponsorship benefits to the
City which, at a minimum, shall include the sponsorship requirements/benefits set forth in Section
9 of this Agreement and �n Exhibit A, attached hereto and incorporated herein.
7. Public Benetit Proaram Event Organizer shall provide a public benefit program (the'Public Benefit
Prog�am"} to be made ava�lable to City ot Miam� Beach res�dents. The Event's Public BeneTit
Program shall include the following, wherever peRnissible and appliqble within the Event footpnnt:
The Ocean Drive Association 2026 Fireworks Disp/ay�s free to the public.
8. Final RepoR. The Event Organizer must provide, within 30 days of the completion of the Event, a
final report (the"Final Report"), detailing the following:
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. The impiementation of the Public Benefit Program, incfuding statistics relating to how many
residents, seniors, and chiidren were served, and how this program was marketed and
communicated to the residents; and
• All supporting documentation required under Section 4 for the payment of the cash
sponsorship.
9. Sc�onsorship Requirements. The following is a list of publicity and credit requirements for events or
programs receiving financial or in-kind support from the City of Miami Beach (if applicablej:
A. Prominently display City of Miami Beach logo in all media and promotional marketing materials
related to the Event including, but not limited to, advertisements, brochures,websites,e-mails,
newsletters, banners, posters, event programs, and other pnnt and/or elechonic pub�ications
in a rnanner where the City logo is displayed before sponsors of lesser value, and placed in
the most prominent position amongst sponsors of the same level. All marketing matenals shall
be subject to the approval of the City Manager's designee prior to dissemination.
B. Live announcement(s}during the event by emcee.
C. Operate within the requirements of aIl City of Miami Beach existing sponsorships, incfuding
the non-alcoholic pouring rights agreement with PepsiCo who is granted exclusivity in ALL
no�-alcoholic beverage categories with the exception of hot tea, dispensed hot coffee and hot
cocoa, and Red Bult who is g�anted exclusivity in the energy drink category. As well, all soda
and water must be served in non-plastic containers.
D All complimentary tickets provided by an event/event producer shall be consistent with
the City Commission established policy for the distribution of tickets and the City's
Administrative Guidelines for Distribution of any tickets and must be sent to the attention of
the Director of the Tourism and Culture Department, located at 1755 Meridian Avenue - 5"'
Floor, Miami Beach, FL 33139.
E. No press releases, public announcements or public disclosures relating to this sponsorship or
its subject matter, including but not limited to promotionat or marketing material, shall be made
public by Event Organizer without the prio�wntten consent of the City. Event Organizer shall
cease using all logos or other City marks upon the expiration of the Term unless expressly
authorized in writing by the Ciry.Additionally, the City reserves tt�e right to require the removal
of its logolmarks from any promotional materials at any time and fo� any reason. This
paragraph shall survive the expiration of this Agreement.
10. Event Omanizer is Resqonsible for the Followin�a:
A. Event Organizer shall aRange for vendor concessions inside the enclosed area of the Event
Site. All sales of soft dnnks or other beverages must be in compliance with the City's beve�age
contract. Event Organizer will collect all procaeds from Event concessions. City shall have no
responsibility, obligation or liability re(ating to vendor concessions. Event Organizer shall be
solely responsible for ensuring that all vendors' services are provided in accordance with all
applicable laws, including, without limitation, all food service, food handling, and alcoholic
beverage and license regulations, including the following.
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1. Event Organizer hereby agrees and acknowiedges that, pursuant to Section 82-7 of the City
Code, as may be amended from time to time, Event Organizer shall not sell, use, provide food
in, or offer the use of expanded pofystyrene food service articles (as defined in Ciry Code
Section 82-7) within the Event Site or otherwise in connection with the Event. A violation of
this section shall be deemed a default under the te�ms of this Agreement. Notwithstanding the
above, this section shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed prior to receipt by Event Organizer.
2. Additionally, Event Organizer agrees and acknowtedges that, pu�suant to Section 82-8 oi the
City Code, as may be amended from time to time, Event Organizer shall not sell, use, provide
food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers(as
defined in City Code Section 82-8)within the Event Site or othenNise �n connection with the
Event. A violation of this section shall be deemed a default under the terms of this Agreement.
Notwithstanding the above,the requirements of Section 82-8 shall not restrict Event Organizer
from providing a beverage with, or of(ering the use of, a single-use plastic beverage straw or
single-use plastic sti�rer to an individual with a disability or medical condition that impairs the
consumption of beverages without a single-use plastic beverage straw or single-use plastic
stirrer.
3. Event Orgarnze�agrees to comply with Section 46-92(c)of the City Code, which provides that
it is unlawful for any person to carry any expanded pofystyrene product, single-use plastic
beverage straw, or single-use plastic stiner onto any beach or park within the City. It is also
unlawful for any business to provide single-use plastic beverage straws or single-use plastic
stirrers with the service or delivery of any beverage to patrons on any beach within the City.
Notwithstanding the abo�e,the provisions in Section 46-92(c)that pertam to smgle-use plastic
beverage straws and single-use plastic stirrers shall not apply to a person or paVon with a
disability or medical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or single-use plastic siirrer.
4. Event Organi2er hereby agrees and acknowledges that, pursuant to Section 82 of the City
Code, as may be amended from time to time, Event Organizer shall adhere to City prohibition
regarding the sale or use of expanded polystyrene food service articles, single use plastic
beverage straws, and s�ngle-use plastic stirrers.
B. Event Organizer shall be responsible for handling all media vendors and organizations and will
be solely responsible for handling all issues relating to the media vendors.
C. Event Organizer shall retain any and all rights to the Event, includmg any nghts associated with
Event-related apparel and/or product sales.
0. Event Organizer shall keep the City appnsed, on a monthly l�asis,of its progress with respect to
the activation of the Event. City, at its sole discretion, may monitor and conduct an evaluation
of Event Organizer's implementation of the Event. Event Organizer agrees to cooperate with
City to promptly address any deficiencies or concems the Ciry may have i� connecUon with the
Event.
E. Event Organizer hereby grants the City a non-exclusive license and nght to use the title of the
Event or any photographic, video, audio or other footage of the Event, in connection with any City-
produced publication, including the City produced magazine or any City media outlets, such es
MBN. This section shall survive the terminat�on or expiration of this Agreement.
F. Event Organizer shall purchase and obtain all required Event Insurance po�icies for General
�iability coverage in the amount of at least $1,000,000.00 General Aggregate; $1,OOO,Q00.00
Products/Completed Operations; $1,000,000.00 Personal and AdveRising Injury; at
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$�,000,000 00 per occurrence, covenng Ciry, and ali participants, no later than 10 days prior to
the Event, and Event Organizer shall provide a Certificate af Insurance evidenang such
coverage to the Citys Risk Manager. Event Organizer shall also provide liquor liability insurance,
in the amount of$1,000,000.00,and Host I�quor liability insuranoe, in the amount$1,000,000.00.
The above policies shall cover the City, and alI participants, no tater than t 0 days prior to the
Event. Event Organizer shall provide a Certificate of Insurance evidencing such coverage to the
City's Risk Manager no late�than 10 days prior to the Event. All insurance policies shall name
City as additional insured and Certrficate Holder, as follows:
City of Miami Beach, Florida
1 T00 Convention Center Dnve
Miami 8each, Flonda 33139
G. Event Organizer shall obtain all applicable federal, state, and local approvals, permits and
licenses relating to the Event and any activities related thereto. Event Organizer shall mamtain
its good standing in accordance with the laws of the State of Florida and the City of Miami Beach
Code of Ordinances("City Code"), and shall comply with any federal, state, county or City Code
requirement applicable to Event Organi2er or to the Event Organizer's operation its business or
other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate
of Use or Business Tax Receipt(s)that may be required for any business activity, timely making
payment�f all taxes,fees or charges that may be due to the City. Event Organlze�shall promptly
take corrective action to correct any Gty Code violation or notice of violation issued by any
governmental agency with �unsdidion over Event Organizer. Further, Event Organizer agrees
to comply with the tenns and conditions of any lease, contrad, or other grant agreement that
Event Organizer may have separately entered into with th� City, if any("Other City Contracts').
Any failure by Event Organizer to comply w►th any provision of the City Code applicable to Event
Organizer, or any breach or default by the Event Organizer of any covenant or other te�m or
condition conta�ned in any pther Ciry Contracts (after the passage of any applicable notice and
cure period set forth therein), shall, at the option of the City, be oonsidered an event of Default
(as such term is defined more fully belowj, m which event the City shall be entitled (but in no
event required) to apply ali nghts and remedies available to the City under the terms of this
Agreement by reason of an Event Organizer's breach or failure to comply with sa�d obligations.
H. Event Organi2er shall indemnify and hokl harmless the City and its otficers, employees, agents,
and contractors, from and against any and all actions (whether at law or in equity), claims,
liab�lities, losses, expenses, or damages, inGuding, without limitation, attomeys'fees and costs
of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to
property, which the Clty or its o�cers,employees, agents, and contractors may incur as a result
of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of,
relating to,or resulting from the performance of this Agreement by Event Organizer or its officers,
employees,agents,servants, partners, pnnGpals or contractors,or Event Organizer's use of the
Event Site, including, without limitation, any claim that any aspect of the Event infringes upon
any third-party's existing copyrights, trademarks, trade names, or other intellectual property or
proprietary rights. Event Organizer shall pay all claims and losses in connection therewith arxi
shall investigate and defend all claims, suits, or actions oi any kind or nature in the name of the
City, where applicable, including appeltate proceedings, and ahall pay all costs,judgments, and
attorneys' fees which may issue thereon Event Organizer expressly understands and agrees
that any insurance protec6on required by this Agreement, or otherw�se prov�ded, shall in no way
limit its obligation, as set forth herein, to mdemnify, hold harmless, and defend the City or its
officers, emptoyees, agents, and contractors as herein provided.
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11. Events of Defautt. Tem►ination of Aqreeme�t for CauSe. and Remedies.
A. The following shall constitute events of default:
i. My material misrepresentation, written or oral, made by Event Organizer and/or its
representatives to City.
ii Failure by Event Organizer to timely perforrn and/or observe any of the terms and
conditio�s of this Agreement.
iii. Insolvency or bankruptcy on the part of Event Organizer.
B The occurrence of any event of default by Event Organizer may,at the sole option of Gty,operate
as an automatic forteiture of any rights or benefits conferred under this Agreement, and
accordingly, City reserves the nght to revoke the fee waivers, discontinue the funding provided
for herein, or request the retum of sponsorship funds.
C. In the event that Event Organizer is in default of any of its obligations under this Agreement,
Event Organizer shall be I�able for all damages, casts and expenses arising out of or related to
its default. In the event of a default, City reserves the nght to pursue any and all legal remedies
avaitable to it, including but not limited to tennination of this Agreement for cause, wh�Ch
termination shall be effective upon ten (10)days wntten notice to Event Organizer. ln the event
of any such termination, the C�ty shall have no fu�ther obligation or liability to Event Organizer.
12. Assianment. Event Organizer shall not assign its nghts, interests or obligations under this Agreement
without the City's prior written consent. Any purpo�ted assignment in violation of this section shall be
void and shall constitute an event of default hereunder.
13. Audit and Insc�ect�ons. Event Organizer shall keep accurate and complete books and records of alt
receipts and expenditures relating to this Agreement, in accordance with generally accepted
accounting pnnciples, and shall retain such books and records for at least four (4) years after
completion of the Event. At the request of the City, Event Organizer shall provide the City(andlor its
designated representatives) reasonable access to its files, records and personnel during regular
business hours for the purpose of making financial audits, evaluations or venfications, program
evaluations, or other verifications conceming this Agreement, as the City deems necessary.
Furthermore, the City may,at its expense,audit or have audited,all the financial records of the Event
Organizeir related to this Event.
14. City's Right to Suspend Activities or R�emove Persons from Event Site. The City Manager shall hev�e the
authorfty to suspend all or any part of the activities of Event Organizer, upon verbal or written notice to
Event Organizer,when, in the City Manager's sole judgment and discretion, such adivities may be or are
detnmental to the public or to the Ciry, or if the City has reason to believe any law or ordinance is being
violated by Event Organizer, its agents or empbyees. The Ciiy reserves the right throt,gh the City
Manager, to suspend or terminaUe use of the Event Site if visitors beoome unruly, and to reject any
sponsor, presentation, matenal or item which �s or may be, in the sole opinqn of the City Manager,
hazardous, offens�ve, immoral or disparaging to the image af the Ciry, or to any person or group of
persons. The deCis�on of the City Manager in such regard shall be final, binding,and condusive.
15. TerminaUon for Convenience.
A. The Ewent Organizer may conduct the Event for the Term of this Agraement,unless the City Manager
decides to teRninate the Event, at the Crty Manager's sole and absolute discretion, for any reason or
no reaso� whatsoever, for the conv�enienoe of the City. The City Manager sh�ll notify the Ev�ent
Organizer, in wnting, of the City's termmation of this Agreement.
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B The Event Organ�zer may elect, during the Term of th�s Agreement, to terminate this Agreement
and no longer conduct the Event. If the Event Organizer elects to terminate this Agreement, the
Event Organizer shall notify the Gty in wnting pnor to commencement of the Event. If the Event
Organizer elects not to conduct the Event or elects not to seek an extension of the terms of this
Agreement, this Agreement will automatically terminate.
16. Notice. Whenever any party desires to give notice to any other party, it must be given by written notice
sent by reg�stered United States mail,with retum receipt requested, addressed to the party for whom it is
intended at the plaoe designated betow and the place so designated shall remain such until they shaN
have been changed by written notice in compliance with the provisions of this section. For the present,
the parties designate the fotlowing as the respecfive piaces for giving notioe:
CITY:
Gty of Miami Beach
1700 Convention Center Drive
Miami Beach, Flonda 33139
Attn: City Manager
EVENT ORGANIZER:
Ocean Drive Improvement Association, Inc.
760 Ocean Dnve
Miami Beach, Fbnda 33139
17. ins�gctor General Audit RiQhts,
A. Pursuant to Section 2-256 of the Code of the City of Miami Beech, the City has established the
O�ce 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 aud�t 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, acxounts, 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 protects and programs. Mor�itonng of an existing
City project or program may include a repo�t 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 pracurement process including but not limited to project
design, bid specifications, (bid/proposal) submittafs, activities of Event Organizer, its officers,
agents and employees, fobbyists, 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 Gity is altocating a percentage of its overall annual contract expenditures to fund the
activitiss and operations of the Office of Inspector General.
C. Upon ten (10) days wntten notice to Event Organizer, Event Organizer shall make alt requested
records and documents available to the Inspector General for �nspection and copying. The
Inspector General is empowered to retain the services of Independent private sector auditors to
audit, investigate, monitor, oversee, inspect and review operahons act�vities, performance and
procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of Event Organizer its officers, agents and employees, bbbyists, Ciry ataff
and elected oKcials to ensure compliance with the contrad documents and to detect fraud and
corruption.
, _
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D. The Inspector Generai shall have the right to inspect and copy all documents and records m Event
Organizer's possession, custody or control which in the Inspector Generai's sole �udgment,
pertain to performance of the contract, including, but not limited to onginal 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/praposal) 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. Event Organizer shall make available at its office at all reasonable times the records, matenals,
and other ev�dence regard+�g the acqu�srtion (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, Event Organizer shell make
available records relating to the work term�nated urttil three (3) years after any resultmg
final termination settlement; and
ii. Event Organizer shall make available records relating to appeals or to litigation or the
settlement of claims ansing under or relating to this Agreement until such appeals,
litigation, or cla�ms are finally resotved.
F. The provisions in this section shall apply to Event Organizer, its officers, agents, employees,
subcontractors and suppliers. Event Organizer shall inco�porate the provisions in this section in
all subcontracts and all other agreements executed by Event Organizer m 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 activ+ties The prov+sions of this section are neither intended nor shall they be
constnaed to impose any liabflity on the City by Ever�t Orgarnzer or third parties.
18. Event Oroanizer's Compliance with Flonda Public Records Law.
A. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended fiom time to time.
B. The term "public records' shall have the meaning set forth in Sedion 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing softwa�e, or other material, regardless of ine physical form,
charactenstics, o�means of transm�ss�on, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the Ciry.
C. Pursuant to Section 119.0701 of the Florida Statutes, �f Event Orgarnzer meets the definition
of"Contractor" as defined in Section 119.0T01(1}(a), Event Organizer 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 C�ty with a copy of
the requested records or allow the records to be inspected or copied within a reason�ble
time at a cost that does not exceed the cost provided in Chapter 119, Flonda Statutes or
as othen�vise provided by law;
3. Ensure that public recards that are exempt or confidential and exempt from public records
disGosure requireme�ts are not disclosed, except as authorized by law, for the duration of
,
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the contract term and following completion of the Agreement if Event Organizer does not
transfer the records to the City;
4. Upon compietron of the Agreement, transfer, at no cost to the City, all public records in
possession of Event Organizer or keep and maintain public rec�ds required by the City to
perrform the service. If Event Organizer transfers all public records to the City upon
completion of the Agreement, Event Organizer shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requ��ements. If
Event Organizer keeps and maintains public records upon completion of the Agreement,
Event Organizer shall meet all applicable requirements for retaining public records. All
records stored electrorncally must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatibls with the information technobgy
systems of the City.
D. Reauest For Records: NoncomQliance.
1. A requ�st 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 Event Organizer of the request, and Event Organizer must
provide the reoords to the City or allow the records to be�nspected a copied within a
reasonable time.
2. Event Organizer's failure to comply w�th the City's request for records shall consiitute
a breach of this Agreement, and the Ciry, 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 itsetf of any available remedies at law o�in equity.
3. Event Organ�zer who fails to p�ovide the public records to the City within a reasonable
time may be sub�ect to penalties under s. 119.10.
E. Civil Action.
1. If a civil action is filed against Event Organizer to compel production of public records
relating to the City's contract for services, the court shall assess and award against Event
Organizer the reasonable costs of enforcement, incfuding reasonable attomeys' fees, if�
a. The court determines that Event Organ�zer unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least 8 bus�ness days before filing the action, the plaintiff prov�ded written notice of
the public records request, inGuding a statement that Ev�ent Organizer has not
complied with the request, to the City and to Event Organizer.
2. A notice complies with subparagraph(1)(b)if it is sent to the City's custod�an of public
records and to Event Organizer at Event Organizer's address listed on its contract with
the City or to Event Organizer's registered agent. Such notioes must be sent by common
carrie�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 elecVonic format.
3. Event Organizer who complies with a public records request within 8 lwsiness days after
the notice is sent is not liable for the reasonable costs of enforcement.
F IF EVENT ORGANIZER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EVENT
ORGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
�
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
19. E-VenfY.
A. Event Organizer shall comply with Section 448.095, Florida Statutes, "Employment EI'�gibility'
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Venfy Statute,
commencing on January 1, 2021, Event Organizer shall register with and use ths E-Verify system
to verify the work authonzation status of all newly hired employees during the Term of the
Agreement, provide an affrdavit statmg that Even1 Organizer does not employ, contract with, or
subconlract with an unauthorized alien,or, upon the City's wntten request,otherwise demonstrate
Event Organizer's compliance with Section 448.095 as descnbed the�ein. Additionally, Event
Organize� shall expressly require any subcontractor performing work or providing services
pursuant to the Agreement to utilize the U.S. Department of Homeland Secunty's E-Verify system
to venfy the employment el�gibility of all new employees hired by the subcontractor dunng the
contract Term, as applicable. If Event Organ�zer enters into a contract with an approved
subcontractor, the subcontractor must provide Event Organizer with an affidavit stating that the
subcontractor dces not employ, contract with, or subcontract with an unauthorized alie�. Event
Organizer shall maintain a copy of such affidavit for the duration of the Agreement or such other
extended penod as may be required under this Agreement.
B. Termination Rbhts.
1. lf the City has a good faith belief that Event Organizer has knowingly violated Section
448.09(1). Ftorida Statutes, the City shall te►minate this Agreement with Event Organizer for
cause, and the City shall thereafter have or owe r�o further obligation or liab�lity to Event
Organ�zer.
2. If the City has a good faith betief that a subcontractor has knowingly violated the foregoing
Subsectbn 3(A), but Event Organizer othervvise complied with such subsection, the City will
promptly notify Event Organizer and order Event Organizer to immediately terminate the
Agreement with the subcontractor. Event Organizer's failure to terminate a suboontractor
shall be an event of defauit under this Agreement, entitling City to terminate Event
Organizer's contract for cause.
3. A contract tertninated under the foregoing Subsection (6)(1)or(B)(2) is not in breach of
contract and may not be considered as such.
4. The City or Event Organizer or a subcontractor may file an acUon with the Circuit or County
Court to chatfenge a temnination under the foregoing Subsection (Bx1)or(BX2)no later than
20 calendar days after the date on which the cantract was terminated.
5. If the City terminates the Agreement with Event Organizer under the foregang Subsection
(B)(1), Event Organizer may not be awarded a public contract for at least 1 year after the
date of termination of this Agreement.
6. Event Organizer is liable for any additional costs incurred by the City as a result of the
term�nation of this Agreement under this Section.
20. No Oiscnmination. Eve�t Organizer also accepts and agrees to comply with the following Special
Conditions:
A. Event Organizer hereby agrees that it w�ll comply with Title VI of the Gwl Rights Act of 1964(42
U.S.C. 2000d et seq.) prohibiting discnm�natwn on the basis of race, color, national or�gin,
handicap, or sex.
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
B Event Organizer hereby agrees that it will compy with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, and as may be amended from time to time,
prohibitmg discrirnination in employment (including independent contractors), housing, public
accornmodations, public services, and in connection with its membership or policies because of
actual or perceived race, color, national origin,religion,sex, intersexuality,gender identity,sexual
orientation, mantal and familial status, age,disability, ancestry, height,weight, hair texture and/or
h8irstyle, domestic partner status, labor organizatio� membership, familial situation, or political
a�liation.
C. The City endorses the Gear mandate of the America�s with Disabilities Act of 1990 (ADA) to
remove barriers, which prevents qualified indlviduals with disabilities from enjoying the same
employment opportunities that are ava�lable to persons without disabilities.
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on ttie basis of disab�lity and requires that sponsorship recipients provide
equal access and equal opportunity and services without discrimination on the basis of any
disabifity
21. Ev�Bnt Orqanizer's Compliance with Anti-Numan Traffickinq Laws. Event Organizer agrees to comply
with Section 787.p6, Florida Statutes, as may be amerxied from t�me to time, and has executed the
Anti-Human Tra�cking Affidavit,containing the certification of compliance with anti-human trafficking
laws, as required by Section 787.06(13), Flor�da Statutes, a copy of which is attached hereto as
Exhibit B.
22. Prohibition on Contractinq with a Business Enqaaina in a Bovcott. Event Organizer warrants and
represents that it is not currentiy engaged in, and will not engage in, a boycott, as defined in Section
2-375 of the City Code. In accordance with Section 2-375.1(2xa)of the City Code, Event Organ�zer
hereby cert�es that Event Organizer is not currently engaged in, and for the duration of the
Agreement, will not engage in a boycott of Israel.
23. Prohibition On Contractina With An Individual Or Entitv Which Has Performed Services For
�om�ensabon To A Cand�date For Citv Elected Office. Event Organizer warrants and rep►esents
that, w�thm two (2) years pnor to the effective date of the Agreement, Event Orgarnzer has not
received compensation for services performed for a candidate for City elected office,as contemplated
by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restnctions on contracting with the City pursuant to Section 2-379 of
the City Code shall not apply to the following:
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office if those same services
are regularly performed by the mdividual or entity m the ordinary course of business for clients
or customers other than candidates for office. This includes, without limitation, banks,
telephone or internet se�-vice providers, printing companies, event venues, restaurants.
caterers, transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional ser'vices (including for example,
legal or accounting services).
24. ProhibiUon Against Contractina With Foreiqn Countnes�f Concern When An Ind�vidual's Personal
Idenbfyinq Inforrnation Mav Be Accessed. Event Organizer hereby agrees to comply with Section
287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1,
2024, a governmental entity may not accept a b�d on, a proposal for, or a reply to, or enter into, a
contract with an entity which would grant the entiry access to an individual's personal identifying
information (PII}, unless the entity provides the governmentaf entity with an affidavit signed by an
_ _
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officer or representative of the entity under penalty of perjury attesting ihat the entity does nol meet
any of the cnieria in Paragraphs 2(ar(c)of Section 287.138, Floncia Statutes: (a)the entity is owned
by a government of a foreign country of concern; (b)the government of a foreign country of concem
has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its
principal place of business �n a foreign country of concern (each a "Prohibited En6ty'). A foreign
country of concem is defined in Section 287.138(1)(c), Flonda Statutes, as may be amended from
time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of
Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of
Nicalas Maduro, or the Synan Arab Republic, including any agency of or any other entity of
significant control of such fore�gn country of concern Additionally, beginning July 1, 2025, a
govemmental entity may nok extend or renew a contract with a Prohibited Entity. Event Organizer
warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such,
has caused an authonzed representative of Event Organizer to execute the "Prohibition Against
Contracting with Entities of Foreign Countries of Concem �daviY', incorporated herein by
reference and attached hereto as Exhibit B.
25 Certification of Compliance with Antidiscriminetion and Anti-Bovcott Reawrements. As required by
Section 2-375.2 of the City Code, Event Organizer has executed the Certification of Compliance
with Antidiscrimination and Anti-Boycott Requirements,a copy of which is attached hereto as Exhibit
B and incorporated herein.
26. Certification of Comoliance with City Mtidiscnmination ReQuirements. As required by Section
2.375.3 of the City Code, Event Organizer has executed the Ce�tification of Compliance �nnth Ci1y
Antidiscrimination Requirements, ,a copy of which is attached hereto as Exhibit B and incorporated
herein.
27. Entire AQreement. This Agreement shall constiiute the entire agreement between the parties, and
supersedes all prior negotiations,representations,or agreements either wntten or oral. No wamanties,
inducements, considerations, promises or other references shall be implied or impressed upon this
Agreement that are not expressly addressed herein.
28. Governinq Law�nd Attomev's Fees. This Agreement shall be construed in accordance with the laws
of the State of Flonda. This Agreement shatl be enforceable in Miami-Dade County, Flonda, 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,
Flonda. BY ENTERING INTO THIS AGREEMENT, THE CITY AND EVENT ORGANIZER
EXPRESSLY WAIVE ANY RIGNTS EITNER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. In the event of any
dispute which arises out of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs, including bankruptcy andlor appeal, if any.
29. co e. It is expressly understood and agreed that this Agreement is for the duration of this Evenf only
and that Event Organizer has no right or privilege other than that expressly prowded herein.
30. No Partnership or As�ency. Event Organ2er agrees that nothing herein conlained is mtended or
should be construed as in any way creating or establishing the relationship of partners or joint
venturers between Gty and Event Organizer In no event shall Event Orgarnzer represent to any
third party that it is acting as an agent, representative or on behalf of City for any purpose or in eny
manner whatsoever.
31.Am�ndment. Na modification, amendment or alteration of the terms or condit+ons containad herein
shall be eHective unless contained in a written document executed by the parties hereto, with the
same formality and of equal digrnty herewith.
1 _ ._ _
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32. Extent of Aqreement. Th►s Agreement represents the ent�re and integrated Ag�eement between City
and Event Organizer and supersedes ali prior negotiations, representations, or agreements either
written or oral.
33. Coroorate Status: This Agreement shall automatically tenninate if,within thirty (30)days from eocecution
of this Agreement, Event Organizer does not provide che City with proper documentation evid�cing that
Event Organizer is registered to do business in the State of Florida.
The remainder of this page is intentionally left blank.
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this
Agreement on the date written below.
FOR THE CITY:
ATTEST: CITY OF MIAMI BEACH, FlORIOA
C,�) } ---- _
, �X,;, ��
Rafael E. Granado :�PiJ:!.B.E9��,,, Eric T. Carpenter
City Clerk :��` S' -,Ciry Manager
.
6 � �'����`:
MAY 0 5 Z�2 % �.IN ORP�RATED; ;
Da1e ,,�. � 1c��:
-,,q�;�. _-
'���,,,c�__
FOR EVENT ORGANIZER: OCEAI�F�QRIVE IMPROVEMENT ASSOCIATION, INC.
. '
ATTEST: ��
� B :
��c � �. � J�r� �'�t� c;, I L��'Z, . ( F����
�rint ame/Titfe �nnt Name/Title
�ft q ' 2 �, \
Date
YEM�ci.ORTEc�A
Notary PubNc
State of Fbrida
Comrt►M HH376p67
E�Ires 3/2q/2027
APPROVED AS TO
FORM 8 LANGUAGE
& FOR EXECUTION
,�--
��� ��� G�
. Cii ty Attomey � � oa e
�
_ �- - _--- --____
..._ . . . . ...___.T_�...,__ ._'_ . . . ._. . .. .. . _ __... ._... .. . . . .___.. .-__.. _ ... .
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
EXHIBIT A
SPONSORSHIP/MARKETING SENEFITS:
o Event Orgarnzer shail prepare and finalize a robust marketing plan and shall supply a copy of such plan to
the City of Miami Beach�ffice of Marketing 8 Communications.
o Should the name not appear in the logo tockup, the Event must recognize the City of Miami BeaCh as a
top tier pa�tner in all announcements,posts, coverage and other, where event name is used.
o City name recognition/logo b be prorriinenUy di�piayed on promotional materials including press releases,
end all printed (stage banners, programs, site signage), social and digital collateral.
o No press releases, public announcements or public disclosures relating to this sponsorship or its subject
matter, including but not limited to promotional or market�ng material, shall be made public by the Event
Organizer without the pnor wntten consent of the City.
o The Parties agree not to use the other Party's name or Event names in any promotional material or public
announcement without prior written or oral consent of the other.
o Event Organizer agrees to make every effort to make themselves available for photo calls and/or
interviews with press or broadcasting agents with a minimum of twenty-four (24) hours' notice to any
media event.
o Event Organizer shall offer the City an oppoRunity for City representatives to speak at all press
conferences and ribbon cutting events.
o Event Organizer shall make City aware of all press events with at least twenty-four(24) hours' notice.
o Event Organizer shall provide the City with all video and photography, captured by Event Ort,�anizer,or its
designated prod�ction team, from the Event, for archival and promotional purposes,and grants City a non-
exclusive license to the City for its use.
o City shall have the nght to station Mro(2j�otographers and two(2)video operators withm the Event Site,
mcluding in any space dedicated to Event media personnel.
o Event Organizer shall provide the City with up to four(4)VIP tickets(if available)to be contested away on
Gty owned social media/digital channels.
o Event Organizer shall prov�de woriung pas5es for all Crty Marketing and Communications staff who will be
worlung the event. City to provide a confiRned list of individual names no later than seven(7)days before
the Event date.
o Event Organizer shall tag Qmiamibeachnews (IG, Twitter) or QCityofMiamiBeachGovernment (FB) in
all social media posts
o Event Organizer shall promote the Event on all Event Orgarnzer owned social and digital channels,
starting at least one month prior to Event start date.
o Event Organizer shall make dedicated City, non-sales specific, spotlight Instagram posts.
o Event Organizer shall make dedicated City, non-sales specific, spotlight Tweets on Twitter.
o City name recognition/{ogo on step&repeat banners.
, _ _ _ -- _ _ . _____..---- --___-----
Docusign Envelope ID 300646D6-ADEB-8E15-813D-C7EE923E669B
EXHIBIT B
CITY'S AFFIDAVITS AND CERTIFICATIONS
This Exhibit includes affidavits and ceRificatwns requrced ur►der applicable Fbnda law and the Code ot the City ot Miami Beach
a�connec6on with the execution and admirristration of this Agreement To ensure acknowledgment and understanding o(each
requi�ement, the Event Organizer shall midal each secGon included in th�s Exhibit. The act ai initialing con6rms the Event
Organizer's rehew of, and agreement bo,the siatements contained therein. The Event Organizer shatl also sign and notanze
the acknowledgment at tMe end of this Exhibit,affirming the 9vth and accuracy ot all initialed statements.
This Exh�bit must be completed by a person authonzed to make the following attesta4ons on l�half at Event Organi2er
� . -. .
,
In�t�als��)
�
In accordance with Sect�on 787 06{t 3),Flonda Statutes,incorporated herein by reference,the undersigned,on behalf o!Event
CXganizBr,hereby attests under penalty of pe�jury that Event Organizer does not use coer�ion for labor or services as deBned
in Section 787 06. Florida Statutes entitled'Human Trafficking'
� •-• • •
•' • ��
Irnbals( .'�
In accordance with Section 287.138, Florida Statutes, incorparated herein by reference, the unders�gned, on behaif af Event
Organ�zer,hereby attests under penalty of pe�jury that Eve�Organizer dces not meet any of the folbwmg cntena in Paragraphs
2�a)-(c)af Sedion 287 138,Fbnda Statutes:(a)Event O�ganizer is owned by a govemment of a foreign coumry�t concern;(b)
the govemment of a foreign camtry of corxem has a contrdling interest in Event On,�anizer,or(c)Event Org�¢er is organized
under the laws of or has its pnncipal place of business m a(o�eign cauntry of concem
• � • •
� • � � :• • �
irnUals� �� j
�
In accordance with Section 2-375.2 of the Ciry Code, ax:orporated herein by�eference, the undersigned, on behalf of Event
Organizer, hereby attests that Event Organ¢er will comply�rith afl relevant antidiscnmination laws, including the�ti-boycatt
provisions of Section 2-375 1 of the City Code,and affirms that Event Organizer will not engage m a boycott of Israel,antisemit�c
disc��mir�at�on or ant�seTitic speech+r�ani�nction w!th the Even?
-� . �- �• • •
��t.:�M'� '• ► ' � ;�
irnt�ais��,�i
In accobance with Section 2-375.3 of the C�ty Code, incorporated he�ein by reterence, the undersiyned, on behatt of Ev�t
Organizer, hereby attests that Event Qrgarnzer will Comply with �tl re�bwdnt �qdisaimination laws, and affirtns ttmt Event
Organizer will not engage in discnminabon based upon any classificaaition category as set fo�th in Sec6on 62-31 of the C�ty Code
in canjunction w►th the Event.
(SIGNATURE PAGE FOLLOWSJ
_
Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E669B
� , .
BY SIGNING AND NOTARIZING THIS PAGE,YOU ARE ATTESTING TO THE AFFIDAVITS AND
CERTIFlCATIONS IN$ECTIONS 1-t OF THIS EXHIBIT.
I understand that I am sweanng or affiRning under oath, under penalties of perjury, to the Uuthfuk�ess of the Gaims
made in this Exhib�t and that the pur�shmeM for knowingly makirg a f�se statemeM may include fiines and/or
'mpnsanmen4
The ersgr►eci is authorized to execute this ai6davit on bet►aff oi Event Organizer
EVENT Of�GANIZER:
t Association, Inc., a Florida not-for-profit co�poration.
o� rized e elive - (Address)
NamelTitle: � � �
S1ate of ���:i ��
County of ��a.�v, � F
The foregang instrument was acknowledged before me by means of �ysiql presence or❑
online notarizatior�, this °�'`' day of A ,�:=� I , 2026 by
�;,;��.��, Y ��}z, �c , as C�nc.�. �, �v�c.�,,, , of Ocean Dnve
Improvement Association, Inc., a Flonda not-for-profit corporation, krawn to me to be the_�
desCnbed herein, or who produc:ed � as identification, and
who did/did not talt¢'an oath.
NOTARY P �I.1 ;/ `�
� -
(Si naturey
��1 ���-,�G C
(Print Na e)
My commission expires: �3 �� �Z�
�vr o.oa�rEan
Noc.ry Pubt►c
State of F�orid�
CammN NH376067
�^��27
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
RESOLUTION NO. 2026-34202
A RESOLUTION O� THE MAYOR AND CITY COMMISSION ur THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ADDITIONAL SPECIAL EVENT
SPONSORSHIP GAP FUNDING, IN AN AMOUNT NOT-TO-EXCEED $56,750,
FOR THE OCEAN DRIVE ASSOCfATION'S 250TH ANNIVERSARY OF THE
UNITED STA?ES fNDEPENDENCE CELEBRATION FIREWORKS D{SPLAY,
TO TAKE PLACE ON JULY 4, 2026; AND FURTHER,AUTHORtZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A SPONSORSHIP AGREEMENT
WITH OCEAN DRIVE IMPROVEMENT ASSOCIATION, INC., IN A FORM
APPROVED BY THE CITY ATTORNEY'5 OFFICE, MEMORIALIZING THE GAP
SPONSORSHIP FUNDING.
WHEREAS, for over a decade, Ocean Drive Improvement Association, Inc. (the "ODA"),
in partnership with the City of Miami Beach, has hosted its annual fireworks celebration on the
Lummus Paric beachfront in recognition of the lJnited States Independence holiday; and
WHEREAS, in recent years, the ODA has expanded the celebration to include a patriotic
concert on Ocean Drive and 12�"Street featuring an orchestra performance by the Miami Beach
Classical Music Festival; and
WHEREAS, as part of the City's partnership with the ODA, the City has historically
provided special event sponsorship in the amount of $50,000 in matching f�nds for fireworks
displays associated with Independence Day and New Year's Eve celebrations; and
WHEREAS,on September 6,2006,the City Commission adopted the City's Turtle Nesting
Protection Ordinance No. 2006-3525 to create a framework to protect native sea turtles by
minimizing beachfront lighting that may disorient nesting females and hatchlings; and
WHEREAS, the sea turtle nesting season in the City of Miami Beach runs from April 1
through October 31 each year; and.
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted Ordinance
No. 2024�t652 amending the Turtle Nesting Protection Ordinance to further reduce the damaging
impact of artificial lighting on sea turtles and incorporate recommendations from the Florida Fish
and Wildlife Conservation Commission; and
WHEREAS, pursuant to the amended ordinance, fireworks displays during turtle nesting
season are permitted only if conducted from offshore barges and with the appropriate permits
from the City of Miami Beach Fire Department, City special event permits, and a Florida
Department of Environmental Protection permit or exemption; and
WHEREAS,the requirement to conduct fireworks displays from offshore barges increases
the cost of producing the annual Independence Day freworks activation hosted by the ODA; and
WHEREAS, the ODA has advised the City that the total cost for the July 4, 2026 firewo�lcs
activation, commemorating the 250th Anniversary of the United States Independence, is
$113,500; and
Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E6696
WHEREAS, the ODA has requested funding support from the City for fifty percent(50°!0)
of the total cost, in an amount not to exceed $56,750, to help cover the additionai expenses
associated with the offshore barge fireworks display.
NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
additional special event sponsorship gap funding, in an amount not-to-exceed $56,750, for the
Ocean Drive Association's 250th anniversary of the United States independence celebration
fireworks display, to take place on July 4, 2026; and further, authorize the City Manager and City
Clerk to execute a sponsorship agreement with Ocean Drive Improvement Association, Inc., in a
form approved by the City Attorney's Office, memorializing the gap sponsorship funding.
PASSED and ADOPTED this �� day of ��� , 2026.
,r-.- .
,����✓�� -�
.,/
Steven Meiner, Mayor
ATTEST:
MAR 2 � 2026
r,,...V,.,,,
Rafael E. Granado, ity lerk ,,���e�,,,,
;��: �..�'y,�
:IMCORP O�AiEa'
�'-•� :,�� APPROVED AS TO
�•;F'-•., ..... . �,=
'���,'Cy,2FT�, FORM 8� LANGUAGE
" 8� FOR CUTION
'� 31, �)�G
�
City ttomey Date
���,�..;k�:.�,..a,.,,�,....,.
Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E6696
Resolutions - R7 AF
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Ha�orable Mayor and Members of the City Commission
FROM Eric Carpenter, City Manager
DATE: March 18, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A ONE-TIME ADDITIONAL SPECIAL
EVENT SPONSORSHIP FOR THE OCEAN DRIVE ASSOCIATION JULY 4, 2026.
250TH ANNIVERSARY OF THE UNITED STATES INDEPENDENCE
CELEBRATION FIREWORKS DISPLAY FUNDING GAP IN AN AMOUNT UP TO
$56,750: AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE SPONSORSHIP AGREEMENT RELATED TO THE APPROVED
FUNDING.
RECOMMENDATION
The Admm�stration remains committed to the conUnued partnership with Ocean Qnve
Association�s annual fireworks activations and recommends a one-time speciai event sponsorship
funding for the offshore barge fireworks for the 2026 Ocean Drive 250th Anniversary of the United
States Independence celebration fireworks activation.
BACKGROUNDIHISTORY
For over a decade. the Ocean Dnve Assoc�ation (ODA}. in paRnership with the City of Miami
Beach, has hosted its annual fireworks celebration on the Lummus Park beachfront in recognition
of the United States Independence holiday. In the last few years, the ODA added an additbnal
element to the celebration with a patriotic concert on Ocean Dr�ve and t2 Street, with an orchestra
performance by the M�ami Beach Classical Mus�c Festival.
As part of the partnership. the City has provided special event sponsorship to the ODA in the
amount of 550,000 in rnatching funds for fireworks displays for the Independence holiday and
New Year's Eve.
ANALYSIS
On September 6, 2006. the C�ty Commission adopted the C�ty s Turtle Nesting Protection
Ordinance No. 2006-3525 to create a framework for the City to protect native sea turtles by
minimizing beachfront lighting Artificial night-time lighting directly affects and disorients adult sea
turtles and hatchlings, resulting in losses in turtle populations. The sea turtle nesting season is
from April 1 through October 31 in the City of Miami Beach. Each year, the City refines its
procedures to prepare for the upcoming nesting season.
In the fall of 2Q24, the Environment and Sustainability departrnent launched the "Flip the Switch"
campaign to increase awareness and comp(iance w�th turtle-friendly lighting and reduce the
damag�ng effects of artificial light on sea turlles
On October 30. 2024, the Mayor and City Commission adopted an amendment to the Turtle
Nesting Protection Ordinance No. 2024-4652 (Exhibit A) to further reduce the damaging impact
of artificial light on the native sea turtle population by integrating Florida Fish and Wildtife
Conservation Commission recommendations. Arnong the recommendations to the Ordinance,
Sec. 46-203. Prohibited activities, disruptive to marine turtles. were amended to allow fireworks
displays during turtle season. only occurring from offshore barges as depicted below:
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Sec. 46- 203. Prahibited activities disruptive to marine turtles. a} (Prohibited generafly.] The
foqowing activities involving direct iilumination of portions af the beach are prahibited on the beach
at nighttime during the nesting seaso� for the protection of nesting marine turtle females. nests
and hatchlings: 1) The aperation oi aii motorized vehi�les, except emergency and law
enforcement, or beach maintenance vehEcies or those pe�mitted on the beach for marine turtles'
conservatian andt ear research, Wh�never possibke, authon2ed vehicles used on the beach at
night shall have red ar amber fiiters cavering the headlights. 2) The buifding af campfires or
bonfires. 3) Fireworks dispiays, excepE those that occur from offshare barges that have a permit
from the Fire Qepartment and Gity special event permits and a Fiorida Department of
Environmentak Protection (" DEP"} permit or exemption
On April 17, 2Q25, the Oeean Orive Association (ODA) sent a letter to the C�ty Manager stating
their awareness of the Qrdinance preciuding fireworks an the beachfront during turtle nesting
season; only fireworks on barges wouid be approved. The ODA shared that securing an offshore
barge would be cost-prahibitive �nd asked if the City would fund the full cost of the fireworks
aciivation.
On June 25, 202�, the Ntayor and Gity Commission adopted Resolution No. 2025-33661,
approving a one-time additional speciaf event sponsorship for the Oeean Dnve Association July
4, 2Q25, event fireworks display funding gap in an amaunt of up to $50,000.
For 2d26, the Ocean Dnve 250th Anniversary of the United States Independence celebration
fireworks activation has a tatal cost of$113,5�0 (Exhibit B}. The QDA is requesting funding from
the City for 50�/o of the total cost, in an amount up to $56,75Q.
FISGAI� IMPACT STA7EMENT
Additional special event one-time sponsorship for the Qcean Qrive 250th Anniversary of the
United States Independence cefebratian fireworks activation in an amount of up to $56.750.
Does this Ordinance requi�e a Business Impact Estimate?
(FQR ORDINANGES ONLY) �
If applicable, the BUsiness Impact Estimate(BtE)was publist�ed on:
See 6fE at: htt€�s:rrwvvw,��amibeachff.r�av�'cit�-hall%ci�-cle�k!meeti��q-noticesl
FINANCtAL WFORMAT{QN
CONGLUSION
The Administr�tion remains committed to the continued partnership with Oeean prive
Assoeiat�on's annual firewarks activations and recammends a one-time special event sponsorship
fundfng in an amount up to$56.750, including the offshore barge. for the 2026 Ocean Clrive 250th
Anniversary of the United States Ir�dependence celebration fireworks activation.
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to CitY Code Section 2-17? Praiect?
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Yes No
Was this Aqenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so. specify the name of iobbyist(s) and pnncipal(s)
Department
City 141anager
Sponsor(s1
Co-sponsor(s)
Condensed Title
RESO APPROVING SPONORSHIP OCEAN DR'VE FIREWORKS DISPLAY JULY 4. 2026
Previous Action (For City Clerk Use Onlvl
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ORDINANCE NO. 2024-4652
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CtTY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH C'iTY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE V, ENTITLED "TURTLE NESTING PROTECTION
ORDINANCE," BY AMENDING SECTIONS 46-202, AND 46-203
THEREOF TO STRENGTHEN AND CLARIFY THE PROVISIONS OF THE
EXISTING ORDINANCE AND INCLUDE RECOMMENDED
MODIFICATIONS BY THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION ("FWC"); AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the beach along the Atlantic Ocean, within the boundaries of the City
of Miami Beach, is utilized by federally and state protected sea turties for nesting; and
WHEREAS, sea turtle nesting season in the State of Florida occurs between May
1 and October 31; however, sea turtle nesting begins on April 1 st in the City of Miami
Beach to account for the earlier Leatherback nesting season; and
WHEREAS, artificial night-time lighting directly affects and disorients aduft sea
tu�tles and hatchlings resulting in losses in tu�tle populations; and
WHEREAS, in 2006, the City Commission passed and adopted the Ciry's Turtle
Nesting Protection Ordinance No. 2006-3525, set forth in Chapter 46 of the City Code;
and
WHEREAS, the Ordinance created a frarnework for the City to protect native sea
turtles by minirri�zing beachfront lighting and reducing the impact on the native population;
and
WHEREAS, the Miami-Dade County Sea Tu�tle Conservation Program surveys
over nineteen (19) miles of beaches daily from March to October incfusive of hatched
nests inventories and documentation of hatchling disorientations; and
WHEREAS, high densities of disorientation due to misdirected and artificial lighting
were documented within South, Mid, and North Beach in 2022 and 2023; and
WHEREAS, the amendments to the ex�sting ordinance are proposed to further
reduce the damaging impacts of artificial light on sea turtles and be consistent with the
Florida Fish and Wildlife Conservation Commission's ("FWC") recommendations; and
WHEREAS, the amendments include amending, clarifying, and expanding the
definitions in Section 46-202 for consistency with FWC recommendations; and
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WHEREAS, the amendments include modifying the prohibitive activities disruptive
to marine turtles in Section 46-20 for consistency with FWC recommendations; and
WHEREAS, the amenciments include removing the "exceeding 50% of the value
of the structure" threshold for renovations to comply with {ighting standards for new
development; and
WHEREAS, the amendments include mod'rfying the lighting standards for new and
existing development to apply to lighting within line of sight of the beach, not just lighting
east of the Coastal Construction Control Line (CCCL); and
WHEREAS, the amendments include lighting requirement options for existing
interior lights for hotel and commercial properties (non-residential) that are visible from
the beach and modify lighting standards.
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Article V of Chapter 46 of the City Code, entitled "Turtle Nesting Protection
Ordinance," is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
. * .
Article V. Turtle Nest�ng Protection Ordtnance
Sec. 46-201. Purpose and Intent.
The purpose of this articte is to reduce the impacts of artificial coastal lighting on
threatened and endangered sea turtles that nest on the beaches of Miami Beach by
restricting artificial lighting and other activities that disonent turtle hatchlings, causing
them to crawl toward land rather than toward the ocean. This article is intended to provide
overall improvements in nesting habitat degraded by Iight pollution, and increase
successful nesting activity and production of hatchlings. The restrictions and constraints
of this article shall be effective within the incorporated areas of Miami Beach and apply to
any ccaastal lighting or other activity that has potential to adversely impact sea turtles
within City limits.
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Sec. 46-202. Definitions.
Art�cial light means any point source of light emanating from a device made by humans,
including but not limited to incandescent mercury vapor, metal halide, sodium lamps,
fluorescent, flashlights, spotlights, streetlights, vehicular lights, construction lights,
security lights, cell phones, flash photoqraphv, bonfires, or any light emanating from any
reflective surface of the device.
Beach means that area of unconsolidated material that extends landward from the mean
low-water line of the Atlantic Ocean, to the place where there is a marked change in
material or physiographic form, or to the line of permanent vegetation.
Coastal construction activities mean any work or activity that is likely to have a material
physical effect on existing coastal conditions or natural shore and inlet processes.
Coastal Construction Control Line (CCCL) means the line established by the State of
Florida pursuant to section 161.053, Florida Statutes, and filed in the public records of the
county,which defines that partion of the beach dune system subject to severe fluctuations
based on a 100-year storm surge, storm waves or other predictable weather conditions.
County means Miami-Dade County.
Cumulative/y �a�ed visible means illuminated by numerous artificial light sources
that as a group are directiv or indirectiv visible to an observer standinq anywhere on
the beach.
Beachwa/k means the serpentine path located adiacent to the Atlantic ocean and west of
the dune system.
Directly i�atael visible means � visibili of the glowing elements,
lamps, globes, or reflectors of an artificial light source bv an observer standinq �ha�-is
on the beach.
Dune means a mound or ridge of loose sediments, usually sand-sized, lying landward of
the beach and deposited by any natural or artificial mechanism.
F.A.C. means the Flonda Administrative Code.
Filmed gtass means wiads►n�glass that has been covered with a film such that the matenal
has a shading coefficient that meets or exceeds the requirements in the F.A.C. Rule 628-
55.004 e�-�aF�Y-f+ve-f4�}-�ef�-a�-less, adhesive as an integral part, and has
performance claims that are supported by approved testing procedures and
documentation.
3
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Floodlight means a reflector-type light fixture that may be attached directly to a building,
other structure, or free-standing, and is unshielded.
Frontal dune means the first natural or art�cial mound or bluff of sand that is located
landward of the beach and that has sufficient vegetation, height, continuity and
configuration to offer protective value.
Ground-leve/ barrier means any vegetation, natural feature or artificial structure rising
from the ground that prevents beachfront lighting from shining directly onto the beach-
dune system.
Hatchling means any species of marine turtle, within or outside of a nest, which has
recently hatched from an egg.
Indirectly ilE�ated visib/e means i�i�a�e4i reflected fiqht as a result of glowing
elements, lamps, globes, or reflectors of an artificial light source �which is qeE visible
to an observer standinq anvwhere on the beach without the liqht source beinQ directly
visib(e.
Lonq wavelenc�th I�ht source means light bulbs or diodes that produce light that
measu�es qreater than 560 nanometers and absent wavelenQths beiow 560 nanometers
on a spectroscope, which include low-pressure sodium vapor, true red neon�red,_oranqe,
or amber liQht-emittinq diode (LED), or other liQhting sources that produce light that
measures greater than 560 nanometers and aosent wavelenqths below 560 nanometers.
Low-profile luminaire means a light fixture set on a base that raises the source of light no
higher than forty-eight (48) inches off the ground, and designed in such a way that light
is directed downward from a hooded light source.
Marine turfle means any marine-dwelling reptile of the families Cheloniidae or
Dermochelyidae found in Florida waters or using the beach as a nesting habitat, including
the spQcies: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys
conacea (leatherback), Eretmochelys imbricata (hawksbifl), and Lepidochelys kempi
(Kemp's ridley). For purposes of this section, marine turtle is synonymous with sea turtle.
Minimized means a combination of Low-Shielded-Lona liqht sources includinq fixtures
bein mounted as low as possibfQ, usinQ the lowest wattaqe necessarv, completelY
downward direcied and shielded, installing fewer fixtures, usin9 a long wavelenqth liqht
source, and usinp onlv if needed for safetv.
Nest means an area where marine turtle eggs have been naturally deposited or
subsequently relocated.
Nesting season means the period from April 1 through October 31 of each year.
4
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New deveivprnent means new constructian and remodeling of existinq structures when
such remode(inq includes alteratian of exterior liqhtinq and qla�s such as windows
railinqs, balconies, and doors.
Nighttime means the time period between sunset and sunnse within the city limits of
Miami Beach.
Person means individuals, firms, associatians, joint ventures, partnerships, estates,
trusts, syndicates, fiduciaries, corparations, and all other groups or combinations.
Pole lighting means a light fixture set an a base or pole that raises the saurce of the light
higher than forty-eight (48) inches off the ground.
Roof top advertisinq siqn means an outdoor advertisinp disqlav that is mounted on the
top of a buildinq's roof.
Solar screens mean screens that are fixed installatians and permanently project shade
over the entire area of glass . The screens must be installed on the
outside of the glass and must have a shading coefficient that meets or exceeds the
requirements in the F.A.C. Ruie 62B-55.004, as_it mav be amended, a�#e�e-�4�
pef'se�-e�-�ess and have perfarmance claims supported by approved testing procedures
and documentation.
Tinted g/ass means any glass treated to achieve an industry-approved inside-to-outside
light transmittal value that meets or exceeds the requirements in the F.A.C. Rufe 628-
55.Q04, �s it mav_��mgn�e€ . Such transmittance is
limited to the visible spectrum (four hundred (400} to seven hundred (700) nanometers}
and is measured as the percentage of[ight that is transmitted through the glass.
Sec. 46-203. Prohibited activities disruptive to marine turtles.
(a} (Prohibited generatly.j The following activities �
e#-�#e-beas#�-are prohibited on the beach at nighttime during the nesting season for fhe
protection of nesting marine turtle females, nests and hatchiings:
(1) The operation of all motorized vehicles, except emergency and law
enforcement, or beach maintenance vehicles or those permitted on the beach
for manne turtles conservation and/or research. Whenever possible1
authorized vehicles used on the beach at niQht shall have red or amber fiiters
covering the headliqhts.
(2) The building of campfires or bonfires.
(3) Fireworks displays, except those that occur from offshore barges that have a
permit_from the Fire Department and �
�-s��a�-e�e+�t--�e�i�sa�d a Florida
Departme�t of Environmental Protection ("DEP") permit or exemqtion.
(b) Operation of motorized vehicles. Durina nestinq season the operation of all
matarized vehicfes�except emerqencv and law enforcement, beach _ma,intenance
5
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vehicles, concessionaire vehicles that have a Beachfront Concession Permit, or those
permitted on the beach for manne turtfes conservation andlor research, shali be
prohibited on the beach unless authonzed and/c1r escorted by the Citv of Miami Beach
--_____.._
Police Department. Additionally, after sunrise the operation of authorized motonzed
vehicles must wait until Miarr►i-Dade Countv has conducted its maming sea turtle nestinq
survev.
(�c� Specia/ evenfs. Special events taking place on the beach dunng nesting season
that may have lighting needs shall require a permit or exemptron from the Florida
Department of Environmental Protection. Additionallv. anv liQhtinQ associated with a
special event cannot be visibls from the beach after 9:00 p.m. Anv authorized liqhtinca
must be low wattaqe lonq wavelenc�,th light source, shielded, and directed awav from the
beach.
Es� Lighting standards for new development. It is the poVicy of the City of Miami Beach
thai no artificial light shall be directiv, indirectiv, or cumulativelv visible from+�I�r�a�e any
area of the beach. The following applies to lighting within 4ine-of-sight of the beach that
1e�a�e� �-ir��-{�3 ef-�ig�i�g t#�a�-�e�y
�+pates�e beaF,k�apd interferes with turt{e nesting. To meet this intent, all public and
private properties and uses involving new se�s��st+�+a development, eF-feAevatie�s
e�cceedi�g�°�-s# y-i��ir�g�#�s�a�;-within
line-of-si hq t of the beach ����+ed eas�a€t#�e� shall comply with the following:
(1) Exterior artificial light fixtures shall be designed and pasitioned so that the
point source of light or any reflective surface e�t#e-��e is not directlyj
indirectiv, or cumufativeiy visible from the beach;
(2) Exterior artificial light fixtures within direct line-of-sight of the beach shaN be
completely shielded downlight only fixtures, or recessed fixtures having low
wattage lonq wave{enc�th light source_. '. ., " " {�59�
�nra#�s-ef-�ess� and non-reflective intenor surfaces. Other fixtures that have
apprapriate shields, louvers or cut-off features may also be used if in
campliance wrth the requiremenis of subsection �1) of this section.
(3) All fixtures shal( be mounted as low in elevation as possible through use of
low-mounted wall fixtures, wall fixtures fitted with hoods, low bollards s= tQp
li�hts. Dath (i�]hts �aver liphts, artd ground-level fixtures, so that no light is
direct(y�_indirectiv, or cumulativeiv visibie from the beach �-i�+aates-�e
�eaek►:
(4) Floodlights, upward-oriented lights, spotlights or search tights for decorative
and accent purposes, or used as security lights, are prohibited if they would
be directly, indirectly, or cumulativelv visible fram the beach;-e��
i�i�es�� .
(5) Exterior lights used expressly for safety or secunty purposes shall be limited
to the minimum number, minimum wattaqe, and configuration required to
achieve the safety and security function in compliance with the provisions
of Crime Prevention Through Environmental Design (CPTED). Motion
6
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detectars shouid be employed to keep lights off except when approached,
and s�ch motion detectors should switch lights on for the minimum duration
possibie.
(6) Pole lights, if used, shall be frtted with lona wavelenqth light sources and
shall be shielded in such a manner that light will be contained primarily
within the area that is landward of the pole, and light shall not be directlyj
indirectly, or cumulativelv visibte fram the beach.
(7) Lights on balconies�includinq step liqhts that serve as egress areas from
buildin and on catwalks, step lights w�thin line-of-sipht of the beach f�s+�
t#e -e�ea�► shall be limited to: low profile luminaries fitted with lonq
wavefenQth light sources and positioned so that no light i#��esaF is
directiv, indirectly, ar curnulatively visible from the beach;-�al�--��
_+� �
il��e� -e�
� -��
(8}Tinted or filmed qlass shall be installed on ail Ig ass windows, walls,
balconies, elevator shafts, stairwells, railinqs, and glass doors af si�►�e-,a�
�I�i-ste� all structures facing or within line-of-sight of the beach. �a�e
Solar screens can be substituted far this requirement.
(9) Par{cing areas and structures shall be designed and focated to prevent
vehicular head(ights from beinq directlyl-ef indirectly, or cumulatively visible
fro►n ill��+aa�i+�g 4he beach. Pa�tcing area and parking structure lighting shall
be shielded from the beach through tne use of shields that direct light away
from the beach, and grourx!-level barriers designed in confarmance to the
CPTED principals. Such ground-level barriers shall not interfere with manne
turtle nesting or hatchling emergence and shal� not cause short or long-term
damage to the beach/dune system. Entrances and exits to parking
structures shall not face the ocean. Surfaces of parking areas shall not
eontain ground glass or other reflective material.
(10jLighting provided for any outdoor reGreational feature on or abutting the
beach (such as tennis court, swimming pool, etc.) shall utilize low mounted
fixtures such as boilards and path liqhts, be fong wavelenqth onlv liqht
sources, and be shiefded to prevent light from beinq directly,ef indirectly,
or cumulatively visible from il��#+�g the beach.
(11)Dune crosswatks, if lighted. shall utiii�e low profile shielded luminaries frtted
with lonq wavelength liQht sources and on[v be used larxiward of the crest
of the dune_or beachwalk� no lights are authorized_seaward of the dune
crest or beachwalk.
(12)No roaf top advertising sign that is illuminated in any fashion shall be
permitted. AI! illuminated signaae should be sited on the landward side of
fhe structure and mounted such that it is not within line of siqht of th�beach.
Illuminated siqnage shaufd use low wattaqe, long wavelength only light
sources that are downward directed and fu11v shielded.
(13}Temporary s+ecuri#y lights at construction sites shall not be mounted more
than frfteen (15}feet abave the ground. Illumination from the lights shall be
the minimum necessary to assure security, shall not spread beyvnd the
7
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baundary of the property being developed, shali be directed awav from the
beach, and in no case shaii such lights be directiv, indirectiy, ar cumulativelv
visible from ��++�e the beach.
��(e� Lighting standards for new deve%pment that has a/ready been permitted. The
provisions of subsection � (-s} of this section shall not apply to any structure for which
the City af Miami Beach Building Department has issued a building permit prior to the
effective date of this division. Such stn.yetures shall be gavemed by the provisions of
subsectian �f (e}�of this section.
�f Ex r� r Lighfing startdards for existing development. It is the policy of the City of
Miami Beach that no artificial o�tdoor light; shall be directiv, indirectiv, or cumulativelv
visible from i1#�+�aie any area of the beach. To meet this intent, �xt�.�l lighting of
existing structures, within line-of-siqht of 4esa�e�-ea�t e€-t�e-��a�d�#a���besee�
#�e�-the beach, shall be in compliance with the following:
(1} Within six (6)months of the effective date of this arficle, existing artificial light fixtures
sha11 be repositioned, modified, or removed sc� that the point source of light or anv
reflective surface is not direct�,_indirectly or cumulatively visible from the beach.-
a, ��e_ p�+�t s�o€tig�#�.a�3r-fe�es . . .
�
. ��1a�ivey�-iJ��ed
(2) Within one (1) year of the effective date of this article, the following meas�res sha(1
be taken to reduce or eliminate the negative effects of existing exterior artificial
lighting:
a. Reposition fixtures so that the point source of light or any reflective
surface s€��e-�+�-#i�e is no longer directiv, indirectly, or cumulativelv
visible from the beach;
b. Replace fixtures having an expased light source with fixtures containing
recessed light sources or shie{ds:;
c. Replace traditional light bulbs with bw wattaae, lona wavelenqth light
sources -€�#�{a9�w�s;
d. Replace noR-directional fixtures with directionai fixtures that point down
and away from the beach:
e. Replace fixtures having transparent or translucent coverings with
fixtures having opaque shields covering an arc of at least 18Q degrees
and extending an appropnate distance belaw the bottom edge of the
fixture on the seaward side sa that the light source or any reflective
surface e#-#�e-�+gk►�-�+�e is not directiv. indirectiv, or cumulativelv
visible from the beach;
f. Replace pole lamps tfiat are directiv or indirectiv visible from the beach
with law-profile, low-level luminaries fitted with lonq wavelen�ih liqht
sources or add shieldinq so that the light source or any reflective
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surface e€ �#e-li�t-€+�i�e is not directiv, indirectiv or cumulativelv
visible from the beach;. If the use of low-leve! luminaries is not feasible
pole lamps shall be fitted with lonq wavelenqth liqht sources and shall
be shielded in such a manner that light shall be contained primarilv
within the area that is landward of the_pale, and liQht shall not be
directiv, indirectly, ar cumulatively visible from the beach
g. Replace incandescent, florescent, and high intensity lighting with the
lowest wattage lonq wavelenqth liqht sources
1+gk�t++ag passible for the specific application;
h. Plan or improve vegetation buffers between the light source and the beach
to screen light from the beach;
i. Construct a graund level barrier to shield light sources from the beach.
Ground-level barriers must not interfere with marine turtle nesting or
hatchling emergence, or cause short- or long-term damage to the
beach/dune systern;
}. Permanently remove or permanently disable any fixture that cannot be
bmught into compliance with the provisions of these standards.
(g} /rt#�rior liahtrno standar,�s for existrna deve�ovmenf. It is the �ofic�of the cit�t
of mi��i ach ta reduc��je neaative effie�S,_of interior (iahtina visible from
_ _
the be�ch. To me�t_1h.�s_in��nt. the follow�n� �� ard shap anolv to inte o1
IiQh�ina of existina �tLucture�withi line-of-sic�ht�:the beach:
(1�Within one year af the effective date of this article c�ne or�nore of the followinq
measures shall be taken �v_iloteis an� c4mm��o��.e�to reduce ar eliminate
the neqative effects of existing interior artificial liqht saurces that_are directly,
indirectly, or cumulatively visible from the beach:
a. A�. Iv window tint film that meets the liqht transmittance standards for
tinted glass_an��Q�
b. RearranQe larnps and other moveable fixtures away from windows�ndl�r
c. Use opaque shades or room daricenins� window treatments �e.q. blinds,
curtains, screens�to shield interio�iicaht fram the beach.
?�R��identi�_j_.�c�,i�.-�n�_mul�i-�mj� properties._.,ar��n�,4d t4 teduce,
minimize or e�irrliinate �_e n�at►v�_effiects Qf e�j.�tina-ins�rior artificial liaht sources
visihle,fram the �ach at ni�h�.ime throuah the fol.�owina mea�.��,�
a. ?ur aff or dim all�tn�.��tyJiahts and/or.
b. A�pty win�Qw.�nt fi�that_�� e liaht trans�mittance stan�ard.�for
tinted �I�ss andtot, __
c. R��r� nqe lamc�s and other moveable fixtures awav from wind�ws and/or,
d. Us�_o�_�u��h es or room darkernna_windgy�,treatm�nks (e�_blin�is
��ain�,�r��,��g������ int�rior liaht from the_beach.
9
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�}�� Commercia! signage facing the ocean or in the line-of-sight of the iaeach, except
building identification signs, shall not be illuminated during the hours of 9pm - 7am of
nesting season within eighteen (18a months of the effective date of this article.
Building identification siqns within line-of-sight of the beach shall utilize low wattaqe,
lonq wavelenQth liQht sources.
4� Buildings located along �cean Drive that are east of the CCCL line are allowed to
maintain current outdoor Mighting. Additional special event spotlights or lighting during
turtle season shauld be minimized after 9pm and/or directed away from the beach.
When conducting renovations, buildings are encouraged to replace Neon lighting with
true red or amber LED lighting.
(#}�� Pub/icty owned lighting. Street lights. existing lighting at parks, publicly owned
parking facilities and publiciy owned walkways shal( be subject to the following:
(1) Strestlights. Street lights installed after the effective date of this ordinance
shall either be located so that the bulk af illumination will travel away from the
beach, and shielding is used to prevent light from beinq directiv. indirectiv. or
cumulativelv visible from i�+aa#+�-the beach, or shafl be low profile
luminaries. Street lights existing prior to the effective date of this ordinance
shall be equipped with shields that prevent liqht from beinq directly, indirectly:
or cumulatively visible�i�ebasklfg�i�g-shatt+a�
' from the beach.
(2} Lightrng af parks, publicly owned parkrng f�cilifies arrd publicly owned
walkways shal! be shielded or shaded dunng nighttime haurs of nesting
season so that su�h lighting is not direcf(yl indirectly, or cumulativelv visible
from dees-fle�-+1l�tr�e the � � � -f�e�#-#�er�a t�e beas�:
Such shielding or shading shall not create a CPTED prob{em or safety hazard
for pedestrians.
* , *
Sec. 46-204. Ertforcement and Penaities.
Vicrlation of the provisions of this article or failure to comply with any of its requirernents
shall constitute an offense enforceable pursuant to the enforcement provisions of Section
1-14 and Chapter 3� of this Cade. When it has been determined that a violation has
occurred, natice af the violation and an opportunity fo� a hearing shali be served on the
properky owner. Other person or persons responsible far lighting or management of the
property may also be served with notice if determined appropriate by the City
administration. Upon refusal, faiiure or neglect of the person or persons served with a
notice of violation to cure the violation with ten (1Q} days af such notice, or when the
violator or the violators representatives do nof appear at the hearing granted pursuant to
this Code o�as otherwise provided by law, or when an order finding a violation is entered
against the violator, the enfarcing agency shall natify the property owner, in writing, that
an extemal lighting source causing the violation may be removed by the City within ten
(10) business days tfiereafter. Altematively, or in addition, at the discretion of the City
administration, a daily fine may be assessed against the violatar, urith such fine to begin
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to be assessed within ten (10)business days thereafter, and to be continuously assessed
untii the conclusion of nesting season or until the violatian is corrected. Costs incu�red by
the Gity assaciated with the removal by the City of extemal lighting sources causing
violations shall be recovered fram the property owner, or such person or persons causing
the vialation, and, if not recovered from the person or persons, shall be placed as a lien
against the property and reimbursed to the City at time of sale of the property.
* � *
SECTION 2. REPEALER.
All ordinances or parts of ordinances and alf sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFtCATIC?N.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbe�ed or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section"or
other apprapriate word.
SECTIQN 4. SEVERABfLITY.
If any section, subsection, clause ar provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days follQwing adoption.
This Ordinance shall take effect on the�day of �YP�r r , 2024. •
PASSED AND ADOPTED this _3� __ _ day of_��0�✓ 2024.
ATTEST:
w'�..
---___ ___ _ ___
� NQ�t p r� �02� even Meiner, Mayor
Rafae! E. Granado, City Clerk _.,�„���,�
Underiine denates additions ;�`�'` �� ��ti
�eE��g# denotes deletions = � ��;;`
Double underiine denotes additions on second reading : ��k=oq��i�a�E�
�€i�e�e� denotes deletions on second reading APPROVED AS TO ��y a�� ;�
,,:"�,..=.w^.
FORM L�tAP1GUAGE 'H,',"
(Sponsored by Commissioner David Suarez) 8 FOR EXECU710N
O� Z ��''
11 "� � �
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Ordinances - RS G
� iA1�/1IBEACH
COMMISSION MEMORANDUM
TO Honorabte Mayor and Members of the Ciry Gommission
FR0141 Eric Carpentee, City Manager
DATE October 30, 2Q24 10�35 a m Secand Read�ng Public Hearing
TITLE TURTIE NESTING PROTECTION AMENQ(v1ENT
AN ORDiNANCE OF THE MAYOR AND CITY CQfv1MISSION OF THE CITY OF
MIAMI BEACH, FLOR(DA, AMENDING CNAPTER 46 QF THE MIAMI BEAGH ClTY
CODE ENTIT�EQ "ENVIRUNMENT," BY Afv1ENDING ARTICLE V, ENTITLED
"TURTLE NESTING PROTECTION ORDlNANCE," BY AMENDING SECTI�NS 46-
202, AND 46-203 THEREOF TO S7RENGTHEN ANO CLARiFY THE PROVISIONS
OF THE EXISTING ORDINANCE AND INC�UDE RECOMti1ENDED
MC�DIFICATIONS BY THE FLORIDA FISH ANO WlLDLIFE CONSERVATION
COMMISSION (`FWC"y; AND, PROVIOWG FOR REPEA�ER, SEVERABIUTY,
CC)DIFICATION AND AN EFFECTiVE DATE.
RECOMMENDATION
The Administratson recornmends that the Mayar and Ctity Commission adopt tfie sub�eci ord�nance
at Second Reading public hearing set for October 30, 2Q24.
BACKGROUN�/HlS70RY
On September 6, 20Q6, Ordinance No 2006-3525 vras adopted to protect the nat�ve sea turtle
population by minimizing beachfront lighting to reduce the negative impact on nes!ing and
hatchiing sea tuRles.
On September 11, 2024, the IL1ayor and City CQmmissicn approved the Ordinance amendment
on First Reading to �trengthen and clarify the provrsions of the ordinance passed in 2006 and
include recommended modifications by the Fionda Fish and Wi(dlife ConservaGon Comm�ssion
{F4VC} During the item discussion, the �ity Cor*�missian requested tt►e intenor exfsting artificial
lighting requirement propased in tt�e amendments apply only to hotels and commercial properties
and not appiy to residential praperties. !n addition, �t was recommended to inGude language
regarding education and encouraging residents tp adopt sea turtie-fnendly lighting practices. The
changes are incfuded in the Second Readinc� of fhe OrdinanGe
i
ANALYSIS
Sea Turtles are protected by the U�Endangered Species Ac;nf 1973 and Fionda Statute Chapter
370 lt�s ri►egai to harm or harass sea turtfes, the.r nests, or hatchiings. The City of Miam� Beach
is a nesting ttabitat for three species of protected sea turt(es Laggerhead, Green, and
Lea?herback sea turtles. The handiing of turtles and nests�s regulated by the state agency, Flonda
Fish and Wi{d►ife Consenration Commission {FWC). Sea turtle nestmg season m the State of
Florida occurs between May 1 and October 31, however, sea turtle nesiing begins on Apri{ 1 st in
the Gity of M�am� 8each to account for the earher Leatherback nesting season.
On beaches where artifcial !ighting is visib�e. f�maies may be deterred from nesting and the
hatchlings'joumey to the sea can be dis�rapt�t�h��n become disoriented, eausmg them to
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
craw! a��va f from the �cear� and !award the art�f�c�al I�ght Hatchl�ngs are attracted tc the broghtest
source of i�ght, �vhich on an unfit beach would be the reflection of the moon off the surf. 8eachfront
� lighting has been documented to negatively afFed nesting females and often res�fts in reduced
or abnormal nesting activity. Visibie iight sources and the reflection vf °gtow" resulting from the
cumulative effects of coastal lights cartiribute to this problem.
The C�ry of Miami Beach is dedicated to the conservation and preservation of its natural resources
and works with many stakeholders in advance of and through Sea Turtle Nesting Season as
deta�led m LTC No, 020-2024. The Environrnent and Sustainabifiry Department is also
impfemendrtg F#ip tfie Sw'rtch, a communications campa�gn funded through a compet!tively
awarded Sea Turtle Conservancy grant.
The Miami-pade County Sea Turtle Conservation Prograrn works under a Marine Tur,le Permit
issued by FWC to survey over nineteen (19) miles of beaches from March to October The
surveys begin at sunrise euery morning during sea turtle nesting season which mclude dedicated
County staff�dentify�ng, marking off, and where appiicable, relocatang nests. No beach activities
(beach maintenance ope�ations, sand sifting, iitter coflectfon, concessionaire operations, special
events, etc.} can begin before tt?e daily survey is eompfeted and Caunty staff gives the
authorization to begin activities on the beach They also inventory hatched nests and document
hatchling disorientations. According to the County, high densities of disorientation due to
misdirected and artificial l�ghting were dacumented within South, Mid, and NoRh Beach in 2022
and 2023. In 2023, 71 disorientatfon events out of 158 totaf nests were doeumented within h1�ami
Beach. This equa+.es to approximateiy 45'/0 of nests that were disonented due to misdirected
artificia� lighting. With an approximately 45% disorientation rate, Miami Beach has the second
highest "disoriented nests per mile" rate in Miami-Dade County
The abjective af the ordi�ance amendmert is to further reduce the damaging impacts of artificial
{ight on sea turtles by updating secUvns of the ordinance far consistency with FWC
recommendatians. As such, modified language has been added throughout the ordinance to
clarify ltghting requrrements and the major recommendations include but are not limited to tt�e
fo{lowing:
• Amendino, clarifyino, and expandinq the definitions in Section 46-202
• Ge►I pho�es and flash photography have been added as sources of artificial light
• The "Bug type bulb"definition has been removed as it is outdated,
• The terms'Beachwalk','F A.G ', 'Long wavelength fight sou�ce', 'Minimized`, 'New
Development', and 'Roof top advertis�ng sign' have been added and defined,
• Definitions pertaming to {ight source type, `Filmed g(ass', `Solar screens', and
�Tinted glass' have been amended
• Modifvinq the prohibited activit�es disruptive to man�e turtles in Section 46-203(a�-(c)
• Language was added recommending the use of red or amber filters on vehicle
headlignts for vehicles author�zed o� the beach at night, ;
• F�reworks dispiays are pr�hib�ted on the beachftont. Firewoirks d�splays can occur
fram offshore barges provided they have approval ftom the Fire Department and
a Florida Department of Enuironmental Protection permit or exemption,
• The operat�on of motarized vehicfes dunng nest�ng season �s prohibited unless
otherwise specified by the ordinance,
• LighUng associated with speciai events cannot be visible from the beach after 9:00
pm. to be cansistent with FDEP and County requirements.
. Liqhtinq standards for new development fn Section 46-203(d)
P�94�bt��7
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. Ramove the "exceeding 50°�a of the value of the structure as determined by the
Buiiding Officiaf" ih�eshafd for renovations to compfy with lighting standards for
new development,
• N1odiFj the lighting standards for rew devetopment to apply to lighting within line-
of-sight of the beach,not just lighting east of the Coastal Construction Control Line
�ccc�>.
• Liqhtinq standards for ex�s6nq devebpment in Section 46-203(f�
. Modify the lighting standa�ds for existing development to appiy to lighting w�thin
line-of-sight of the beach, not just lighting east of the Coastal Construction Control
�ine (CCCL).
During the item discussian at First Reading, the City Commission requested the rnterior existing
artific►al ligl�tmg requirement proposed in the amendments apply only to hotefs and cornmercial
properties and nat apply to residenbal properties In addition, it was recammended to mdude
language regarding educatian and encouraging residents to adopt sea tu�tle-fiiendly light�ng
pr�ctices
Between First and Second Reading, the fotlowing sectian of the ordinance was amended to
address the above-men�oned recommendadons of the Mayor and City Commiss�on as folfows�
• Include liaht�np requirements op6ons for existinq intenor liqhts that are visible from the
beach for hotels and commerc�af properties
. Apply window tint of film that meets the light transmittance standards for tinted
gtass and/or,
. Rearranc,�: lamps and other moveable fixtures away from windows and/or,
• Use af apaque shades or roorn darkening window treatments (e.g. blinds,
curtains, screensj to shield mterior lights from the beach.
. Encouraqe residential buildings and mutti-family �roperties to reduce, m�nimize or
P,�►,immate existinq intenor lit�htina visible from the beach bv takina anv of the follow�no
measures
. Turn off or dim all unnecessary lights ancf/or,
. Apply winclow tint film that mests the light transmittance standards for nnted giass
andlor,
. Rearrange famps and other moveable fixtures away from windows and/or,
• Use opaque shades or room darkening window heatments (e.g. bhnds, curtains,
screens)to shield interior tight from the beach.
�1ddi#xona(ly, the educational component of the.Ord�ancx� will be enhanced. The Ffip the Svwitch A
campaign wiN cantinue to be imp4emented in the next nesting season to turther sea tuRle
canservation effoRs Leading up to the 2025 sea turtle nestmg season, the Administration plans
ta focus on hotels, neighbarhoad and buiiding assoaations and concessionaires as critical
sTakeholders ko increase educaiion and compliance wrth the ardinance. In addition, the
Administrat�on has met with the Greater Miami and the Beaches Visitars and Convention Bureau
and Miami-Dade County Parks, Recreation, and Open Spaces Department to target an education
campa�gn focused on ecatourism.
Payt��7
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FISGAL IMPAGT STATEMENT
N;A
Does this Ordinance repuire a Business Imaact Estimate? Yes
(FOR ORDIr�ANCES ONLY1
THE BUSINESS IMPACT ESTtMATE
In accordance w�th Sect�on 166.041(4), Flonda Statutes, tfie City of Strliami Beach is required to
assess whether a 8usiress Impact Estimate is required for the subject ordinance.
The Business tmpact Estimate (BIE}was pubfrshed on October 11, 2024.
Se� BIE at F�tt�s.r?www rriam+beachfl.qov/atv-hali�c�ty-cierk,'rneetinq-noticesi'.
FINANGIA� INF�RMATI�N
N!A
CONCLUSION
The Administration recommends the Mayor and Ciry Commission approve the subject ordmance
to further reduce ftie damaging impacts of artificiaf light on the native sea turtle population by
integrating Flonda Fish and Wildlife Conseniation Commission recommendations. fnformation
regarding the ordinance will be commun�cated widely through a pubfic outreach process and
informational campaign.
App�icable Area
Citytivide
Is this a "Residents Riqht to Know" item, is this item related to a G.O. Bond
pursuattt to Citv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initialtv requested bv a tobbvist which, as defined in Code Sec. 2-481,
inciudes a arinciaal enpaqed in tobt�vinA? Ne
If so, spec�fy the name of tobbyist(s) and prinapal(s):
�epartment
4 . � � r
Env�ronment and Sustainability
Sponsor(s�
Commissioner E�avid Suarez
Co-suonsortsl
Gi w�. �r�'ao her� !�•r�te�t��t
Pag@�3��i@�t97
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Condensed Title
10 35 a.m. 2�� Rdg, Turtle Nesting P�otection Ordinance Amendment (Suarezy EN
�
.� � € � :
Pa���fttf6t�7
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�;1► ��:1.�1 I ��A�N
OFFiCE OF T-1E C7TY MWNAGER
�o �Tc�o2o-aa2a LETTER TO COMMISS►QN
rU Monorable htayor Steven hle+ner and htembers of tne C�ry Commission
FRonn A;ina Hudak, Cify Mana
oATE January �9,2024
5u9;ECrt 2024 Sea Turtle Nesiing Season in Miami Beach
T'he City of M►am� Seach is dedicated to the conservation and preservation of its natural
resources, including the pratection of sea turtles that nest annuafly on our beaches City
Qrd�nance No. 2006-3525 restricts artificia� light�ng dunng nesting season between Apri! i
and October 31 (Ord No. 2QQ6-3525) Each year, the City refines its procedures to prepare
for the upcoming nesting season and f am pleas�d to share an update
Education�nd Events
The Env�ronment and Sustainability Department was awarded �
a competitive grant by!he Sea Turtle Consenrancy�n the �f
amount of$13,550 to launch a campa�gn for the 2024 s�.� F li P T N E
tuRfe nesting season. The Qepartment is work�ng ciosely wit�
the Office o( (�lartceting anC Communications to launch the \
"Flip the Switch" campa�gn ta mcraase awareness and SWITCN�i
compiianr,e of turtle-friendly lighting The obtc�ctive is to reduce
the dameging impects of artificial light on sea turtles by �'`�'`���-`��' �E�+CH
rmp�ementing �ow, long and sh�e�ded ►ighting practices On �� -�-��-���
beaches where artifiaal 6ghting is uisibie, females may be
detened `rc�m nesting and�he hatchlings' impartanE�ourney to the sea can be disrupted.
Th�s poses a serious threat to sea turtie hatcniings as they can become disOnented causing
them to crawf away from the ocean and toward the artifia�l hght
Ofg�tal messagi�g wili be d�sseminated via all social media channeis and will+ncl�de d�gitafi
ads, pa�d social ads, and a public service announcement(PSA) Printed advertisements w�ll
mc�ude bus shelters, phys�cal flyers, stickers, magnets, and a featured article �n tha Spr�ng
edition of the f4liami Beach Mlagazine F�rthermore, the campaign wi(ti engage the
community and target population !hrough �egular newsletters dunng the nesting season.
,. emphasizing the crit�cai �mportance Qf protect�ng sea turtles �
To leam more about sea turtle nesting season here o� Miami Beach and how community
memtrers can he1p, the City is p�eased to announce the fonewmg events for!he camm�nity
this seasor
- tAiami-Dade C',ounty w�!I be host�ng a Sea Tu�tls Awareness Public Wo�kshop on
Saturday, January 20 at the North Shore Parlc Youth Center (501 72'i°Street)at
t 2:30 pm and an Saturday, February 10 ai the Miami Beach Regional Library
(227 22''' Streetj at t2 30 pm.
The Enviranment and Sustainabit�ty Departrnent wil{ be hosting Turtle Fest on Aprfl
2Q at Attos del Mar Park (76�" �treet& C�16rs Averue j. This fam�ly fun event was
P�.�f�6��
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
firs� heid �n 2023 and celebrates the s:a:�! ot sea tuRle nest;ng season !o �aise
awareness abo�t sea turtle �onservat:on.
Background
Sea TuRles are protected by the US
/� Endangered Species Act of 1973 and Flonda
�`�t�f� DQ NQT NANDLE Statute Chapter 370. It is :ilegal to harm or
SWITCI4;•
OR DtSTURB harass sea turt�es, their nests, or hatchlings.
the C ty of Miami Beach is a nesting habitat
tor three spec�es af prQtected sea turtfes.
'� r:.,_ Loggerhead, Green, and Leatherback sea
� � . "�� ' ' turties Nandlirg oi turties and nes;s is
. i ��'e ''� regulated by the state agency, the Flonda
�'+� !�^� �' . R f; Fish 8�Wildlife Co�servation Commission
r -;�- ,�. ' c Fwc�.
\J' ��� - - • 5ea turtle nesbng season ir the State of
a1d ��JONiS� aNOI7GYA,�.� ��t;�...-:y4.X.'rv.>:Jf^, i+:cly�iW1
Florida occurs between May 1 and C3ctober
aM3S+,.z•,•n.e>^..,,:..
31 however, sQa tuRie nesang begins on
SF��a����b�''����t��DONTTOtKH,REPORTTF�M Aprii 1s'in Miami Beach to 2ccount for the
�. ..�,._.,�. .<<. .
�.•....�.,�..a.:.,.�...._.... ..�_.�.. ...,a.:.��
�,-.e«.•:.,�...ne��>,u-�:s��=:�M eart�er �eatherback nesSing season locaiiy,
rr.�Gsat P.!..}.s:..r...�K4 a/S/90C
the M�ami-Dada County Sea Turtle
Ganservat�on Progrem(MOCSTCP) is responsible for spearheading sea turtle consenration
ef�orts FWC �ssuetl a permit to the Caunty that a(fows County staff to har,dle sea turtle
nests and hatch{ings, and conduct daily inspections on our beaches
Gounty staff began sea turtle nestirx� surveys on March "`tor the 2023 turtle season The
surveys begin at sunrise every morning during sea turtle nesting season which �nclude
dedicated County staff�dentrfying, marking off, and where app(icable, rslocating nests They
also inventory hatched nests and document hatchling disorientatrors. No beach activities
{beach maintenance �perat�ons, sand sifting, litter co3lection, c�ncessionaire operaiions,
speciaf events, etc ) can begin before the da��X survey is campleted and County staff gives
the authar�zabon to beg�n activ�ties on the beach This prevents the loss of sea turtle tracks
used to identify nests, as well as potentia► corlrs�ons with nesting sea Eurtles or new{y la�d
nests. All nests �dentified by County staff during the survey are marked and surraunded by
caution tape the same �norning they are discovered, signaiing the pubiic to mainta�n a safe
b�ffer ef at least 10 fest Furthermore, the Cjty wil4 cantinue to wark closely with the C;aunty
to help address any lighting��conservation concerns along our beac.hes as the se�son
ConCir,uBs
city Efforts
A x � i
A successtu( sea turtle season relies on 2he entire community to he�p p�epare our beaches
for sea Eurtle nesting season For this reason, Fhe City implem�nts strategies and conducts
extensive education and aut�each;o the commurnty to increase sea turtle awareness
The Environment and Sustam8b�ldy DepaRment has been working w�th varEous extemal
stakeholders and City depa�ments on short- and �ong-te�m strateg�es to enhance the
pr�teCtion �f aur r�ahve sea turtie pop��a+.ion Efforts inciude coordi�ation with FWG and ;he
County, internal trairnng for Cade Compliance O�cers, insiallation of iighting retmfiEs to
include amber lights or shad+ng for City beachfront properties—�ncluding parks, paricing lots,
and cammunity workshaps
The Cade Compifance Departmeni enf�rces the C>ty's T���le Nesting Protectior Ordinance
through proactive inspectiar�s and complaints Code Gompliance distnbutPs infcrmat�on
Pag��96fof�A7
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
annuat►y ta �eachPront aroperties to rem�»d thern to reciuce unnecassary artificial iight
sousces, keep blinds ;tiosed at r��ht, and nat ha�rass nestirg sea turtles.
If you have any questions, piease eontact Amy Knowles, Ch�e�Rest��ence D�cer, at
AmvKnowles(a�miamtbeachfr qav or Lindsey Precht, Assistant Director of the Envvo�ment&
Sustainab�lity �epa�ment, at LrndsevPrechtCa)m�am�beachfi.qov
A7NI�CIAK
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TOUCH ENTERPRISES
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About Explosive Touch Enterprises:
_
r,+, ..5�,. C��, t:' .r�r��st�_ ..�s� .�. .�..,,, '�� _ r. u3�v� <.�.. _. , r„ .�..,.
establ�shed m 2018. It evoived from the offers our(AISI Ali-Incfus�ve solut�on�r�
expenence ot a decade old fireworks producmg the fireworks and speciai
company thal orig�nated In the Theme effects eiements of your show or e.-���
Park Entertainment Cap�tal of the V'Jorld AII of our events mcluae srte
Ohando.F� �nspections,display permits. Coast � _
Guard perm�ts(if necessary>, FAA ��
Expios�ve Touch Enterpnses wdl be your dearance pf necessary)$�.000,000.00
d�rect sou�ce o!fireworks and spec;ial General and$5.000.000 00 Auto
effect entertamment Ltability Insurance, Fire Marshal Fire
Watch fees F�re Truck Standby Fee(I'
We have expenence with all types of Requiredj,ail trave��ests profess�onai ( , � �IP���
events which range irom smali backyard and tramed pv p='"' :s �rew and �i M`� ��',.
type d�5plays to MaJor Professlonal A- a ��=,� ��,�!
Product�ons.To ach�eve success ,:�•� � "� -
of our events.we use state of the � � !
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digita►electrcnic firmg systems a �
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avadability to produce world da�;
displays usiny the mo5t bnl6ant a
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unique eftects the mdustry has t�U!`- � , . .� .
From large sky fiH�ng dtsplays.tp con�: .- *" ' � �"""'"''`M
choreograph�d pyro-musicals we c,+-
do it eil! . _ ,. . , ,_.�: , � �
Beach, FL
1234 of 1677
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Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
Our Displays
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and patterns We have the h�ghest
selection of premium products from ali T 0 U C H E N T E R P R I S E S
over the world inCfuding, but not limfted
to Europe.As�a and the Urnted States
We comb�ne the pyrotechn�c effects
from these countnes to prov�de you w�±h
the best poss�ble design or
synchronlzation to reflect the musical
5care ot your show
We have the newest and most
technolog�cally advan�ed computenzed
digital firmg systems to ensure the
effects are pertectly and safely fired or
choreographed to any genre of live or
pre-recorded mus�c.
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1235 of 1677
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
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Touch Enterprises has over 50 combined Explosive Touch
years of experience working with Enterpnses has a vast
Rreworks and specia/effects for pool of pyrotechnicians
some of the largest enterta�nment that work with us on a
companies and venues in the world. �egular bas�s. Senior
We ensure tha[our technicians are Shooters have been with
educated annualty on alf applicable the Comp2ny SinCe the
safety standards including new ATF beginrnng and have been
regularions. NFPA Codes, DOT trained and certified each
standards and more,ensuring that Ye2r MOst of them h8ve
other full-time jobs for
your show wi!!meet and exceed all Some of the
safety standards. biggest names
E.i ".'1e��t•. CEO �3��d ?reS�d-�n,; in the
Entertainment
EJ is the founder. He began his Industry and
career working tor a ma�or theme shoot their
park in Orlando. FL. When he left
there, he continued h�s path to shows regularly.
All our show site assistants
pyrotechnic greatness working with a are
large competing campany. From a
there, he dec�ded to branch out on �00/o trairted in
h�s own and Explosive Touch the company policies of
Enterprises was born. safe handling of matenals
and under the direct�on of
the onsite shooter
Assistants have a wide
range o(skill sets and
most are work�ng toward
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T O U C H E N T E R P R I S E 5
1236 of 1677
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6698
Technical Fireworks Display Pro�osal
Opener: 604__ _ Total Display Shells
500 ; 1" - 2.5" Premium single shot and multi shot cake effects
30 ; 3" Premium Fireworks variety of effects
36 : 4" Premium Fireworks variety of eflects
18 : 5" Premium Fireworks variety of effects
18 : 6" Premium Fireworks variety of effects
2 : 7" Premium Fireworks variety of effects
: 8" Premium Fireworks variety of effects
__ _ : 10" Premium Fireworks variety of effects
Main Body: 2.367 _ Total Display Shells
1_500 ; 1" - 2.5" Premium single shot and multi shot cake effects
350 ; 3" Premium Fireworks variety of effects
252 : 4" Premium Fireworks variety of effects
180 : 5" Premium Fireworks variety of effects
$� : 6" Premium Fireworks variety of effects
4 .: 7" Premium Fireworks variety of effects
: 8" Premium Fireworks variety of effects
: 10" Premium Fireworks variety of effects
Grand Finale: _ �788 _ Total Display Shells
1.000 ; 1" - 2.5" Premium single shot and multi shot cake ef�'ects
500 ; 3" Premium Fireworks variety of effects
200 : 4" Premium Fireworks variety of effecis
50 ; 5" Premium Fireworks variety of effects
36 ; 6" Premium Fireworks variety of effects
2 : 7" Premium Fireworks variety of effects
_: 8" Premium Fireworks variety of effects
: 10" Premium Fireworks variety of effects
a.759 TOTAL SHELL COUNT
15-Minutes Duration of Fireworks Display
* All Fireworks/Effects w�ill be fired L00"'o electronically. We do not hand fire any of your
display which pro�ides you with non-stop action*
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T O U C H E N T E R P R I 5 E S
1237 of 1677
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Pyrotechnic Effect Definitions
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Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
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TO V C H E N T E R P R I S E S
What is included in your All-Inclusive Package
Sfl'E IIiiPECT101i
PiRE1NORKS DISPLAY PERMR
CO�ST GU1Rp PERMiR(IF REOtJ1RED)
FA/►CLE�RApCE(If REOUIRED)
MINIMNM=1.000.000.00 GEMEWL LI/►s1LfTY IMSUR�lICE
FIRE M�RSNAL l�tE MIATCN I�EES
HRE TRUCK 3TAND�Y FEE(�REpiNRED)
,�►u nu►v�nocancs cosn
PROiEiS10MA1 PYROTECNNIC.1 CREMI
100°16 ELECTRONKALLY FNtED D13Pt1Y
iTRlKE/CLEAN UP
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124Q of 1677
Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E669B
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T O U C H E N T E R P R I S E S
Q��an�1Yg_�is�ti�i��ls��Y 4t2�..���F�r�wQr��i�t�Y f4f th�_2�4thBotllY€f�[Y
This year marks the 250th anni�er�ar� of the t'nited Statrs, making it
the mc�st sis�nitirant Independence va� ��lehr�ti�m �n th� nati<�n'�
histc�r��. Cc�mmunities arr��s, th� rc�untry are planning lar�er anci me�re
mcmorable tirewarks <<�ents to cemlmemorate this historic milestonc.
The tire���rk� cli.play bein�► prc�p��,ce1 reflcrt� thr ma�nitu�lr e>f thi.
�kra��c�n It �� cf�.�_�ncJ t« tk sutntantiall� lar�er and more impartful
than any� displa}� produced in pre��i�►us yearc, rrcatinz a truly
unfc>rgettahl� experi�n�e t�ur r��i�lc,nt� an�l �i`it��rti ali{�c.
E3«,+u;e th� �h��w must he launch�ci irc�m a bar�e-hatied firin�
platf�►rm. �«urin� th� har�_� i� a �riti�al n��t .t���. T�h�rr arr a ��er�
limited numt�r of certifird firrworks barRes available nationw�ide.
;ui�i �<«�an�f fur thc ?�Uth annivers.u-� celc hration� iti 4ilrc ac1� f�ir
ex�ceclin� �uppl}.
V�'e �urrently ha��e a har�e pr����ider with one vessel a��ailable for our
date. hut �t �an cmi� he h�l�f b� ce►nfirmink the resrrvation w�ith a
dep�nit immediately. Sccurin� th� bar�c; nu� en�urc, �c h�iv� thr
ne�c»ar� platfunn t�� ��f�ly an� �ur�e�.full�� pr��urr thi, rnhan�ec!
fir�wc�r1�. �fi.pla�.
.��tin�� yui�l:l� u ill lock in this e�.�ntiai reu�urce and protect our
s�bilit� to deli��er a trul♦ etceptional Jul� ath relrhration w�urth�� uf
this hist��ric anni��ersan.
1241 of 1677
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
� � ,. � Explos�ve Touch Enterpnses. LLC.
� X �r � r ,, `' � � � � ATF 1-FL-061-23-SL-01157
4260 Ame6a Plantation Court
TOUCH ENTERPRiSES VeroBeach, FL32967
Prepared For Estimate Date Est�mate Number
Alfie Feola 02t18/2025 20260218
Ocean Drive Improvement
Association Reference
76Q Ocean Drive July 4th. 2026
Suite 9 Firewarks w/ Barge &
Miami Beach, FL 33139 Docking Fees
Descr�pt�on Ra?a G�ty L��re ?otal
Professional Fireworks Display& PYRO Services $45.000.00 1 $45,000.00
Professionai Fireworks O�splay for Ju�y 4th.2025
ABS Barge from Grady Marine $60,000.00 1 $60,000 00
Ocean Going ABS Barge for Flreworks Display
Docking Fees/Port Fees/Surveys for Loading/Unloading $8,500.00 1 $8,500 00
Dockmg Fees�Port FeeslSurvey Fees
Subtotai 113,500.00
Tax 0 00
Estimate Total (USD� $113.500 00
Terms
50% Depos�t PaymenU 50% Balance on Event Date for Fireworks Display
1242 of 1677
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Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E6696
THIS PAGE INTENTIONALLY LEFT BLANK
Docusign Envelope ID�30064BD6-ADEB-8E15-813D-C7EE923E6696
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TOUCH ENTERPRISES
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About Explosive Touch Enterprises:
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Explosive Touch Enterprises was In closing, Explosive Touch Enterprises ��•`
established in 2018. It evolved from the offers our(AIS)All-Inclusive solution in
experience of a decade old fireworks producing the fireworks and special
company that originated in the Theme effects elements of your show or event.
Park Entertainment Capital of the Worid, Afl of our events include site
Orlando, FL. inspections,display permits,Coast Six Flags Over Georgia - Austell,
Guard permits(if necessary), FAA GA
Explosive Touch Enterprises will be your clearance(if necessary)$1,000,000.00
direct source of fireworks and special General and$5,000,000.00 Auto
effect entertainment. Liability Insurance, Fire Marshal Fire
Watch fees, Fire Truck Standby Fee(If
We have experience with all types of Required),all travel costs, professional ,,, f
events which range from smaff backyard and trained pyrotechnics crew, and of ` Z - F �;•� , �1 �
type displays to Major Professional Aerial course cleanup. � ��, :�� � .- � �
Productions.To achieve success with all � =;�
of our events,we use state of the art t.
digital electronic firing systems and ���i � r
�
design software that gives us the �'
availability to produce world class
displays using the most brilliant and ;'�.� �
unique effects the industry has to offer. � -�-,- .. �,,,,__
From large sky filling displays,to concise ` � � '
choreographed pyro-musicals...we can
do it all! Vero Beach Airshow - Vero
Beach, FL
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
2
Our Displays � � ��• . �
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Our rotechnic dis la s include over �/� � "\
100 d fferent t es of y rotechnic e ffects '��''���
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and patterns.We have the highest
selection of premium products from all � O � � � E N T E R P R I S E S
over the world including, but not limited
to Europe,Asia, and the United States.
We combine the pyrotechnic effects
from these countries to provide you with
the best possible design or
synchronization to reflect the musical
score of your show.
We have the newest and most
technologically advanced computerized
digital firing systems to ensure the
effects are perfectly and safely fired or
choreographed to any genre of live or
pre-recorded music.
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Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696
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Our Team and Crews
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""` 'i�"`� "'�` y�°' , �"'' ° " �° The leadershi at Ex losive Pyrotechnic Crew
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- Touch Enterprises has over 50 combined Explosive Touch
years of experience working with Enterprises has a vast
fireworks and special effects for pool of pyroteChniCians
some of the largest entertainment that work with us on a
companies and venues in the world, regular basis. Senior
We ensure that our technicians are Shooters have been with
Vero Beach Air Show the company since the
educated annually on al/applicable
safetystandardsincludingnewATF beginning and have been
regularions,NFPA Codes,DOT trained and certified each
standards and more,ensuring that Year. Most of them have
your show will meet and exceed all other full-time jobs for
safety standards. some of the
biggest names
EJ Weppel - CEO and President in the
EJ is the founder. He began his Entertainment
career working for a major theme Industry and
park in Orlando, FL.When he left shoot their
there, he continued his path to shows regularly.
pyrotechnic greatness working with a All our show site assistants
large competing company. From are o
there, he decided to branch out on 100/o trained in
his own and Explosive Touch the company policies of
Enterprises was born. safe handling of materials
and under the direction of
the onsite shooter.
Assistants have a wide
range of skill sets and
most are working toward
� ������ � being full fledged
� ���� ��� � pyrotechnic shooters
� .�������� � within the company.
T O U C H E N T E R P R I S E S
Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696
Technical Fireworks Display Proposal
Opener: 604 Total Display Shells
500 ; 1" - 2.5" Premium single shot and multi shot cake effects
30 ; 3" Premium Fireworks variety of effects
36 ; 4" Premium Fireworks variety of effects
�8 : 5" Premium Fireworks variety of effects
�$ : 6" Premium Fireworks variety of effects
2 : 7" Premium Fireworks variety of effects
: 8" Premium Fireworks variety of effects
: 10" Premium Fireworks variety of effects
Main Body: 2,367 Total Display Shells
1,500 ; 1�� _ 2.5" Premium single shot and multi shot cake effects
350 ; 3" Premium Fireworks variety of effects
252 : 4" Premium Fireworks variety of effects
180 ; 5" Premium Fireworks variety of effects
81 : 6" Premium Fireworks variety of effects
4 : 7" Premium Fireworks variety of effects
: 8" Premium Fireworks variety of effects
: 10" Premium Fireworks variety of effects
Grand Finale: �,788 Total Display Shells
1,000 ; 1" - 2.5" Premium single shot and multi shot cake effects
500 ; 3" Premium Fireworks variety of effects
200 ; 4" Premium Fireworks variety of effects
50 : 5" Premium Fireworks variety of effects
36 : 6" Premium Fireworks variety of effects
2 : 7" Premium Fireworks variety of effects
: 8" Premium Fireworks variety of effects
: 10" Premium Fireworks variety of effects
4,759 TOTAL SHELL COUNT
15-Minutes Duration of Fireworks Display
*All Fireworks/Effects will be fired 100% electronically. We do not hand fire any of your
display which provides you with non-stop action*
= XPL��;(;;�SIV =
T U U C H E N T E R P R I S E S
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B
5
Our most commonly used effects inventory used to create a unique display keeping your audience
excited and craving more!
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Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
6
Pyrotechnic Effect Definitions
Brocade—A spider like effect in the sky, much like fine lace. The brocade effect is generally a �'�';�`
golden tail effect, and is brighter than the willow or tiger tail effect. Most brocade effects use 4�'
glitter to produce the long brocade tails. , �
Chrysanthemum—A flower-like aerial pattern, usually resulting from a cake or mortar.
Comet—A type of star that leaves a long trail of sparks as it flies through the air.
Crossette—A type of comet that breaks into multiple comets, usually forming a cross shape.
Pearls— Bright balls of color that fly through the sky and burn themselves out after reaching maximum height.
Dragon Eggs—A delayed crackle effect displayed in egg-shaped patterns with loud crackle near the end.
Waterfall —Glowing embers that fall slowly in the air, creating a willow or waterfall effect.
Flying Fish—An aerial effect that looks like a swarm of objects squirming though the air. This effect usually lasts
only a few seconds. Fish are a type of fuse that propels itself through the air, creating a swimming effect.
Palm Tree—An aerial effect that produces a gold or silver stem as the shell rises into the sky (known as a rising
tail), followed by a brocade or willow effect that creates palm fronds. It resembles a gold or silver palm tree in the
sky.
Peony—An aerial effect that looks like a spherical ball of colored lights in the sky. A very common aerial effect on
most fireworks displays.
Ghost - An aerial effect that creates a disappearing and re-appearing color trail new to the fireworks industry.
Rising Tail —A rising tail is a gold or silver tail effect that is created when a shell is shot into the sky, similar to the
trunk of a tree. Commonly used with
palm tree shells.
Strobe—Astrobe is a blinking effect.
When used in a shell with hundreds of
strobe stars, the strobe effect looks like
,.� shimmering water in the sky. Strobes
can be a variety of colors, including
_ .;,���/j, white, green, blue, and orange.
'� /.
_ �%"' 1' _ Tourbillion—Another name for a
/� ,'`\� serpent. A tourbillion is a type of star
_ ../I��l ;. — that spins in the sky and gives off large
quantities of gold, silver, or white light.
T 0 U C H E N T E R P R I S E S Willow—An aerial effect that looks like a
giant gold willow tree in the sky. A true
willow effect has delicate golden trails
that hang in the sky ten seconds or
more.
Pattern - An aerial effect Including but
not limited to Smiles, Hearts, Squares,
Diamonds, Stars, 3D Cubes always a
crowd pleaser
Docusign Envelope ID:30064BD6-ADEB-8E15-8130-C7EE923E6696
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TOUCH ENTERPRISES
What is included in your All-Inclusive Packaqe
su�i�asp�cYao�a
�IREMMORKS DYS�UlY PERMIT
CO/!ST GU/!RD PERM9IT(IF REOUIRED)
F/!�►CLEARANCE(IF REOUIRED)
N91NIIid1UNi 51,000,000.00 GENIEItAL LIA�ILITIf INSURA�ICE
Fi�E M1ARS�/aL FIRE WdTCI�FEES
Fllt�Y�tUCK tTANDBY FEE(IF REOUIRED)
AaL TRAVEVLOGISTItS GOS1'S
PROFESSIONlAL PYROTECHNICS CREW
lA0%ELECTItONICALLY FIRED DIS�LI►Y
STRIBCE/CL�aNI U�
�e�GE,T19G,FUEL,ETC.
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
� � Explosive Touch Enterprises, LLC.
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ATF 1-FL-061-23-8L-01157
4260 Amelia Plantation Court
T t� U C H E N T E R P R I S E S Vero Beach, FL 32967
Prepared For Estimate Date Estimate Number
Alfie Feola 02/18/2025 20260218
Ocean Drive Improvement
Association Reference
760 Ocean Drive July 4th, 2026
Suite 9 Fireworks w/ Barge &
Miami Beach, FL 33139 Docking Fees
Description Rate Qty Line Total
Professional Fireworks Display& PYRO Services $45,000.00 1 $45,000.00
Professional Fireworks Display for July 4th,2025
ABS Barge from Grady Marine $60,000.00 1 $60,000.00
Ocean Going ABS Barge for Fireworks Display
Docking Fees/Port Fees/Surveys for Loading/Unloading $8,500.00 1 $8,500.00
Docking Fees/Port Fees/Survey Fees
Subtotal 113,500.00
Tax 0.00
Estimate Total (USD) $113,500.00
Terms
50% Deposit PaymenU 50% Balance on Event Date for Fireworks Display
Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E6696
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TOUCH ENTERPRISES
PROFESSIONAL FIREWORKS DISPLAY
SERVICE CONTRACT
Contract#: 26-013
sponsor: Ocean Drive Improvement Association
Contact/Client: Alfie Feola
Date of Display: July 4th, 2026
On ABS Barge Offshore near Lummus Park @ 1130 Ocean Drive Miami Beach,FL 33139
Location:
Time: Appx. 9:OOPM
Duration: 15 Minutes
Show Price: $113,500.00
Deposit Required: $56,750.00
Other details: Company will secure all permits
Scope of Work: 15 Minute Aerial Fireworks Display
utilizing high quality 1.3G Fireworks. Display will be 100% electronically fired
and will include 3 segments: Opener, Body & Grand Finale.
Company will secure ALL permits required for display.
Shells Included: 1'-2.5': 3,000; 3": 880; 4": 488; 5": 248; 6":135; 7":8
Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 1
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B
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T O U C H E N T E R P R I S E S
We the undersigned, being interested in a fireworks display for July 4th,zozs
agree to pay a total price of$ 113,500.0o for the display agreed upon, and the display will be
produced by Explosive Touch Enterprises,LLC.
TERMS AND CONDITIONS:
The undersigned. intending to be legally bound,agree as follows:
1. Sponsor to make a deposit payment of 50%of the contract price upon signinq of contract.If the display is
being_co_ntracted within 30 days of display date,deposit payment is due immediately to ensure enouc,�h
time to acquire permits.PERMITS WILL NOT BESECURED FOR THIS EVENT WITHOUT DEPOSIT PAYNENT
BEING RECEIVED.Balance Payment due 14 days prior.
2. In the event Sponsor shall fail to pay any sum when due under the terms of this contract,Sponsor shall
pay, in addition to such amount, interest at the rate of 1.5%per month on the unpaid amount from the
original due date.Sponsor does further agree that it shall pay Explosive Touch Enterprises,LLC.
reasonable attorney fees and court costs in the event Explosive Touch Enterprises,LLC.shall commence
suit or incur fees to compel Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's
default of any of the terms and provisions herein contained.
3. If event is on land,sponsor to furnish police and/or crowd security personnel, provide proper parking
supervision,and insure adequate patrol of the safety zone as marked and secured by the sponsor until
Explosive Touch Enterprises, LLC advises that it is no longer required.Explosive Touch Enterprises,LLC
is not responsible for clean-up of extended range debris for land-based shows other than c ompany
equipment,supplies and packing materials.A land based fireworks display will produce an extended
range debris field depending on wind speed.Sponsor shall be responsible for the clean-up of any such
debris.
4. If event is over the water,Explosive Touch E�terprises,LLC will be responsible for marine event permit,
and for the control of safety zone.
5. Explosive Touch Enterprises,LLC reserves the right to stop the display in the event persons,vehicles or
animals enter the secured safety zone and security is unable or unwilling to remove them and enforce the
safety regulations.
6. Explosive Touch Enterprises,LLC will obtain and furnish at its expense all a pplicable licenses,permits
and a minimum of$1,000,000.00 liability insurance for your electronically fired display.Explosive Touch
Enterprises,LLC.will obtain all necessary government approvals for the display.
7. In accordance with local regulations and ordinances,fireworks displays shall not take place later than
10:30pm unless approval is obtained from the governing authority.The restrictions shall not be applicable
with regards to holidays such as December 31,January 1,or other national holidays.If for some reason,
shoot time does not occur before the allotted time and shoot is canceled due to local authority or
expiration of permit,Sponsor is liable for full payment of display.
8. Sponsor holds Harmless Explosive Touch Enterprises,LLC from any claims that do not directly relate to
damages produced by Explosive Touch Enterprises, LLC's staff,equipment or pyrotechnic material.The
Sponsors agree to give Explosive Touch Enterprises,LLC prompt notice of any claims or demands and to
cooperate with Explosive Touch Enterprises, LLC or its successors in interest or assigns, if any,in the
defense of any such claims and/or demands.The Sponsors agree to indemnify,and hold Explosive Touch
Enterprises,LLC.harmless against any and all liability claims,damages,losses,expenses and costs,
including attorney fees that arise out of the display(s)which is subject of this contract except for liability
which is due solely to negligence on the part of Explosive Touch Enterprises,LLC.or its staff or
equipment or pyrotechnic material provided by Explosive Touch Enterprises,LLC.or its staff.
9. CREDITS:As a material inducement to Explosive Touch Enterprises,LLC.agreeing to enter into this
agreement,Sponsor shall give Explosive Touch Enterprises,LLC.program credit as sole fireworks
supplier and producer in all press releases,advertising and any other program announcements,printed or
otherwise.
Initials
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Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B
10.If show is canceled due to actions unrelated to the actions or inactions of Explosive Touch Enterprises,
LLC or its staff,equipment or pyrotechnic material,sponsor is responsible for any permit,fire watch or
barge/tug fees,if applicable.Additionally, if the aforementioned cancellation occurs,sponsor will be
responsible for load in/load out expenses not to exceed 50%of budget.If show is stopped while in
progress for any reason,Sponsor will still be responsible for contract amount minus the cost of material
not discharged,unless the stoppage is due to the actions of Explosive Touch Enterprises, LLC or its
staff or due to problems with the equipment or pyrotechnic material of,or provided by Explosive Touch
Enterprises,LLC or its staff,in which case Explosive Touch Enterprises,LLC shall be in default under
this agreement.
11.If wind exceeds 20mph,fireworks display will be postponed to an agreed date between sponsor and
Explosive Touch Enterprises,LLC.
12.Inclement Weather: Explosive Touch Enterprises, LLC.will make every attempt to execute all fireworks
displays as scheduled. Explosive Touch Enterprises,LLC. reserves the right to postpone a display for
safety hazards caused by inclement weather.The Sponsors shall cover the additional costs reasonably
incurred by shooting the display on a mutually agreed upon alternate date.The additional cost for
shooting the display on an alternate date shall not exceed 10%of the display budget.
13. Rain Date policy is as follows:Postponement time is 11:59am on the dav of display.
14.If the delivery and/or exhibition of the fireworks are postponed by reason of inclement weather,it shall be
re-scheduled to the Inclement Weather Date set forth by Sponsor.
15.In the event a reschedule occurs and is unrelated to the actions or inactions of Explosive Touch
Enterprises,LLC or its staff,and additional fees are incurred by Explosive Touch Enterprises,LLC such
as permitting,fire watch,police,barge,etc,Sponsor will be responsible for these fees as they are
automatically charged to us.
16.Sponsor agrees to notify Explosive Touch Enterprises,LLC of any unknown changes of said fireworks
display such as change of venue,change of time or any other unknown change a minimum of 14 days
prior to display date.If for any reason an unknown change does not allow for the setup and execution of
fireworks display,sponsor is responsible for 50°/a deposit.
17.Client agrees to provide Explosive Touch Enterprises, LLC with an adequate firing area that is necessary
to produce a safe fireworks program. If for any reason on the day of display the firing area is considered
unsafe(Ex: Flooding/Standing water is present,muddy terrain or other hazards)to execute the fireworks
display,Sponsor is still liable for 50%of Show Budget.
18.If Sponsor has accepted a pre-payment discount offer at signing of contract,sponsor understands that if
for any reason sponsor cancels fireworks display,that 50%of the pre-payment amount is forfeited.
19.Marketing:Explosive Touch Enterprises,LLC may use public displays for promotional use, including but
not limited to videotaping and providing invitations to current and/or potential customers to view the
display setup site and the fireworks display. For private displays,Explosive Touch Enterprises, LLC will
seek approval from Sponsors before making such invitations.In return for marketing privileges,
Explosive Touch Enterprises may donate products and services to enhance the display.
20.Force Majeure:Explosive Touch Enterprises,LLC will take all reasonable steps to complete its
obligations under this contract. However,Explosive Touch Enterprises, LLC shall not be held
responsible for failure to perform its obligations under this contract if such failure is a result of an act of
God including extreme weather,natural disaster,terrorism,war,or any extraordinary circumstance
beyond its control.
21.Default:If Sponsor fails to timely perform any of its obligations under this Agreement,Sponsor shall be
in default and Explosive Touch Enterprises, LLC shall be entitled to pursue all remedies available under
Florida law or equity.However,not-withstanding the foregoing,if the display is canceled by Sponsor due
to acts of force majeure referenced in Paragraph 20 above,or any other reason unrelated to the actions
or inactions of Explosive Touch Enterprises, LLC,or its staff or due to the equipment or pyrotechnic
material of or provided by Explosive Touch Enterprises, LLC or its staff, Explosive Touch Enterprises,
LLC.shall be entitled to retain the 50%deposit as its liquidated damages due to the difficulty of
determining Explosive Touch Enterprises,LLC.damages arising from such a cancellation.If Explosive
Touch Enterprises,LLC fails to timely perform any of its obligations under this agreement Explosive
Touch Enterprises,LLC shall be in default and Sponsor shall be entitled to withhold any future payment
due hereunder and pursue all remedies available to Sponsor under Florida law or equity.
22.Terms&Conditions:This agreement shall be governed by and construed in accordance with the laws of
the state of Florida.This agreement is non-binding irrespective of endorsement until the 50%deposit has
been satisfied and notice presented by Explosive Touch Enterprises,LLC.
23.Venue Guarantee:Sponsor agrees to forfeiture of the 50%deposit and all other incurred fees In the event
the venue does not make proper arrangements and display must be canceled.Any required changes,
moves or special instructions for display site will be provided in written format at time of permitting.This
would include but not limited to moving boats,yachts,vehicles or other necessary items in the fallout
zone. InitialS
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Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
24.Important Note:Items listed for this fireworks display require a firing area that conforms to NFPA 1123,
which states that there must be at least 70 feet per inch of shell diameter between firing site and any
spectators,cars or buildings.
25. Disputes:The prevailing party in any legal dispute between the parties to this agreement shall be
entitled to recover its reasonable attorney's fees,expert witness fees and court and litigation costs
relating to the dispute,including appellate proceedings.
26.Additional Insureds:It is agreed that Explosive Touch Enterprises,LLC.will provide additional insured
status to the persons,entity and/or entities required as a condition of performing the aforementioned
pyrotechnics display.
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T O U C H E N T E R P R I S E S
Display Coordination Contact(DCC�
Please provide information for a primary contact person who can be reached on the date of your event.This
will help to ensure smooth and accurate execution of your display:
Name:
Title:
Work Phone:
Cell Phone:
E-mail Address:
NOTE 1:The DCC information provided above is transferred to the Shooter in Charge(SIC)for the day
of display. Please make sure that all information provided is accurate and correct so that there are no
setbacks or communication errors for successful operations.
NOTE 2: Golf Courses, Hotels &Any other venues with Automatic Sprinkler systems, please make sure
to notify your operational or maintenance staff to deactivate outdoor sprinkler systems in the
immediate area of the display site.
Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 4
Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696
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T 4 U C H E N T E R P R I S E S
Explosive Touch Enterprises, LLC.upon acceptance of this contract in writing,agrees to fulfill the
contract in a workmanlike and professional manner.
Date
Sponsor or Client Name
Sponsor or Client Title
Signature
Explosive Touch Enterprises, LLC. Display Company
President/Owner Title
C� Signature
Please e-mail signed contract to info@exolosivetouch.com and make payment
of $56,�50.0o to officially bind this contract for your fireworks display.
Thank you for choosing
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T O U C H E N T E R P R I S E S
to produce your fireworks spectacular!
Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 5
Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696
MIAMI BEACH
Sponsorship Agreement-Ocean Drive Improvement Association— 2026 Fireworks Display
Ocean Drive Improvement Association,Inc. Tourism and Culture
Lissette Garcia Arrogante Maria Hernandez ��
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.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grent agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor x Type 8-Other:
The Ocean Drive Improvement Association,Inc."ODA",in partnership with the City,has hosted an annual Independence Day fireworks
on the Lummus Park beachfront for over a decade.As part of its partnership,the City provides special event sponsorship to the ODA
in the amount of$50,000 in matching funds for fireworks displays for Independence Day and New Year's Eve.
October 30,2024,the Mayor and City Commission adopted an amendment to the Turtle Nesting Protection Ordinance No.2024-4652,
which restricts fireworks displays on the beachfront during turtle nesting season but permits displays from offshore barges.The ODA
has indicated that securing an offshore barge for the July 4,2026,fireworks display is cost prohibitive and requested that the City fund
the remaining$56,750 necessary to cover the cost of the barge and fireworks adivation.
The ODA submitted a fully executed agreement with Explosive Touch Enterprises,a fireworks vendor,detailing a total cost of$113,500
for the fireworks display and offshore barge.On March 18,2026,the Mayor and City Commission adopted Resolution No.2026-34202,
approving a one-time additional special event sponsorship for the Ocean Drive Association July 4,2026 event fireworks display,funding
the gap in an amount up to$56,750,and further authorizing the City Manager and City Clerk to execute this Agreement.
The funding for this$56,750 is being allocated from the Community Events budget in the FY 2026 Resort Tax Fund.
One(1)time N/A One(1)time
Grant Funded: Yes x No State Federal Other:
Initial
1 $56,750 160-0380 000349 25 406 548 00 00 00 Yes x No Qf�
2 Yes No
1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.3.Budget
approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual
adopted opereting budget.
City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2026-34202 R7 AF March 18,2026
If no,explain why CC approval is not required:
Legal Form Approved: x Yes No If no,explain below why form approval is not necessary:
Procurement: N/A Grants: N/A
Budget: °°"'s'9"ed by: Information Technology: N/A
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Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B
Risk Management: N/A Fleet&Facilities: N/A
Human Resources: N/A Other: N/A
Rev.3/25