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HomeMy WebLinkAboutSponsorship Agreement Ocean Drive Improvement Association - 2026 Firework Display Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B ����^�• �ZGZ 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 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B 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: Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E669B . 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. Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696 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 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 $�,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. Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B 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. Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 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. , _ Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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 , Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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 _ _ Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6698 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 _ ._ _ Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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: 2212 of 1677 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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? 1213 of 1677 Docusign Envelope ID:300648D6-ADEB-8E15-813D-C7EE923E6696 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 1214 of 1677 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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 1215 of 1677 Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696 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. 2 1216 of 1677 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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 1217 of 1677 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B 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 1218 of 1677 Docusign Envelope ID:30064B06-ADEB-8E15-813D-C7EE923E6696 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 1219 of 1677 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B 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 1220 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B 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 1221 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 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 8 1222 of 1677 Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E669B 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 1223 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 �}�� 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 10 1224 of 1677 Docusign Envelope ID�30064BD6-ADEB-8E15-813D-C7EE923E6696 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 "� � � 1225 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 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 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B . 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 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 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 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B Condensed Title 10 35 a.m. 2�� Rdg, Turtle Nesting P�otection Ordinance Amendment (Suarezy EN � .� � € � : Pa���fttf6t�7 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B �;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 � ,. . ,. ,. ,� Paq�$�bi��'A8� Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696 �\/!/i � i� � 'i � � � ��I ��'j��� � • ! ' 'i TOUCH ENTERPRISES - • � � . • 1 , 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 � � ! . digita►electrcnic firmg systems a � design software that gwes us mF avadability to produce world da�; displays usiny the mo5t bnl6ant a . y 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 �,..,.a..���_....., �-.......,,..�.:.,.,�..�.�....�.�:�:h.,.�..W.;�,......�....._.�.,r..._....,... Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B Our Displays � ��j��, � � r� � � lVur pyr�f�C1�n:C��i5ptdy5 �nGiu�e O`��� � �� �� � 100 diHerent types of pyrotechn�c���.::•- � (�� � 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. .. ...�;,� _..... .y..�... . .. . . _ _.,:.,. ..•�;r.. � ;_;.�.. .� . •:.� , sr..—, :fi. Featured Manufacturers: 1 .3G Display Fireworks: _• ,. R x . . ����� • - �� �� _���; DANCING 1/v�c�►` �_� FIREWORKS , , , . — 1 .4G UN0431 Artictes Pyrotechnics: �** � u lr ratec HEXTX �� t__ ,: ��_ ., 1235 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 . *�� a . a. .� -`r . . . � � . 5. _. , �: �� • - �� N : . . . �� �' � A � Our Team and Crews . ��'���'''�'''�"'--'��� �'• TheleadershipatExplosive ''Y w''aw3�+�s. .*M��.a ����'�_'��l � t�.e��r. 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 � �����/� � 7e�ng ful!fledged � % -� � �yrotechnic shooters � ��� ������� � �N�th�n the company 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* = XPL SIV = T O U C H E N T E R P R I 5 E S 1237 of 1677 �• . ' •.' � 11. :�• •� � � �•� �� ��! * ���.� / � � •`��, 1� ��«.�• � \\� � �� � %, . ' y��� t * � - . `, / , �'�� � ��+ '',� j��,•`��. Mvc�►eE �� p�� �� � c�o�w+ � !%/ r ` '��``. �` _,� - •� } - �, ''� t ,� ,,. ,S '+i ;`~ �a i�L11��d GOMET� ��� FiiM ttAVtf �* . � .�r�.. � • � ��� � � . ` • � �..�i7.�• . � � � � \ � �r v � '•.... J<LLY �� M�1N TREE KONI/ FISiI � . . • •� . , � � • • . • �'��• ' -� `� .... • ♦•'.i. +�•• . . . . s .. . .. f1�K# i►10E11 �INtAL � iT110tE MwoN Fu�s �i��� b � �}f �y�, .`t, •� I '. `� ' � t� 1 :t�:,.'•�}' .� : ��• 'l� ( TIMERAIN MI�TEili�l.l wAVE �N�.wM10 wILLOM � • ' • Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E6696 Pyrotechnic Effect Definitions li; .. �i� — A �i.�l� . .i., . ., � si� �I � _a� iu ,� I� :� li' , ..� . 11 � � , ..,�< < .� � i. � � i i , _ � . ;�,I�Icu tail rtf�rt. .iuil i, bii: !,i, � I , �,� ,� 'i, , �L . i , . � y;liitrr i�� pr��ducr thc I��n� ".�. �� . . � ( lin.:inllirun�n� — .� Il���<< :- -. , _ .. . . , �.,, ('��nu� — .1i���� ��(.t;�r �li:�tl� ;��� . ;� I�>n�; u':iil ��C,p:iik. a. �illi�, ihn,ut;h �h� ('r��..� i�� — \ t��,� ul���inct thai hrc,ik, �ut<r u�ulti��l�• r��nirt,, it,uall� ti�rmin:; .� � i��,. ,�, Pr.�rl� —liii:;lii Ir.�il, ��f�•��I��i th:�i Il� tluuus;h ih�• .kc an�! l�uru �h��ni,� ic�•. ��ut :iltcr rrachiuq ui.uin�uni I�ci�;hi. Ihe�,�n F.�;4. — .\�I� la�i il � r:�� klc rlli i I �li�piacril iu cK�-�h;i�ir�l ��:�ii� rii. �cilh luui� cr:+c�.lr uc.�� I��c cud. �1.i�c il;ill—(�i���cin4 i�nihcr� that f:ill .l��t� l� in �lic ,ii�,cn:i�tu�; :i ��iU���� ��r��alcrl:�ll c(lcci. l'I�iti�; I'i,h — .1ii .,cri:�l cllci � II�a1 I����I�. Gkr a .��.�ini ��I ��hjt•ct. ,��t�iriuink Ihuu�;l� Ihc .n�. Ilu, cllcct u,u.�ll� la,t, ��nh ;i Ir�� .c� �,n�l,. b'i,h an• .� t��ic uf Iu.c �I�:ii ��n��u•1. ii.clf�lir��ut;li �hc :i�r. crcaUn; .� .« iminu�� clfcr�. 1';�lni In•c —.�n :��•rial i•Ilcr� �1�,�� ��ru�lu���•, a �;ulcl ��i ,ihcr ,tcn� :�. tl�c sficll ri.c. intu �hc .kt Il�nu�� u a. :� i�.n�s; t.ii11. fc�licr�cc<I h� n 1����� :��1�• ��r ���II��« cllcc't lh:t� r��•.�Ic. ��ah�i Iruncl,. lt rc,c�ublc, :� Guld ut .il���r paln� Irc�� in tlic ,k�. Pc��n� —.�n ;�� rial ��I(�•rt th:�i In��k, hkc .� .��hcr�� al haU�+I cub�rcd li�kit. iu thc .k�. .��rrt c��tnnic�n ac iial � II�•rt ��n �n�„t �iic����rk, d�,pl:i�,. (:h��,i - .\u a��rtal � ffrr� tli:�t � r� .�lc. a ili.ap���:�ring ;�ncl rr-:ippc:�rii�� culur u,�il nc�c Iu Ihc Iirc��c��k, iudu,u�. Ri.in4 l:�il —.\ n.ii�q i:iil i� :� �;��1�1 ��r .�I�cr i:iil cll�ri thal i. � n:ilccl �chrn .� .I�� II i, .hut ini�� Ili� .k�. .iniiL�� t�, ih� nwik ul:� trcr. ('umn���til� u,�•�l �ci�li p:�lm tr.c >h� ll.. Suul�r — .� .Irc�hc i. :� blinkinq cCfcct. \11��•n n.�cl in :i �hc•11 ��iili hun<Irc�l, ��f .in,bc ��,r., �hi• .ir��hr cllc� t I����k. Itkc .hii�imcii�i� aal�•r in thc• .k�. ti�i��l�i•. // hi• :� �:�nri� i�l'r„Inr.. inc lu�lin�; _ �`�J(,i _ �., ,,u��.qrccii. 61uc. ,�u�l �,r�u�;c. � ' � — / � _ �, ,,il��ll��rn —.\nu�ti� i n:i�nr lu� :i // �� ��rti�. .�t��url,illi„n i< :i t���c <�I ,tar , _ � '�'. _ " ,+ ,pn�, in il<< .�.� .�u�l �;��c. ��If lar�;�. ( ��u:in�i�u . ��1 ;;��1�1. �ilc�•r. nr��l�u�• lit;h�. 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S�;it.. ,il)('nh� . ,ih�a�. .i ��r�����1 pl�:�,�•t 1239 of 1677 Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E6696 � �� �//� � � — .-- . _ �j� �� � � 1i1� � 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 �AR!'+E.TIJG,flJEI,ETG 124Q of 1677 Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E669B � \//�-, � _ � r � � � '�i �,����� � 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 �,�,,..,,�� �. �-_,_.,�,.�:,�-.�.`...,. Docusign Envelope ID:30064BD6-ADEB-SE15-813D-C7EE923E6696 THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID�30064BD6-ADEB-8E15-813D-C7EE923E6696 .?���/� � � . 1 — �%, :�• _ � ��/..��>>�� � � . . � . TOUCH ENTERPRISES - • � � . � 1 . . About Explosive Touch Enterprises: �. � =�:: - Y�, 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$5,000,000.00 Auto effect entertainment. Liability Insurance, Fire Marshal Fire Watch fees, Fire Truck Standby Fee(If We have experience with all types of Required),all travel costs, professional ,,, f events which range from smaff backyard and trained pyrotechnics crew, and of ` Z - F �;•� , �1 � type displays to Major Professional Aerial course cleanup. � ��, :�� � .- � � Productions.To achieve success with all � =;� of our events,we use state of the art t. digital electronic firing systems and ���i � r � design software that gives us the �' availability to produce world class displays using the most brilliant and ;'�.� � unique effects the industry has to offer. � -�-,- .. �,,,,__ From large sky filling displays,to concise ` � � ' choreographed pyro-musicals...we can do it all! Vero Beach Airshow - Vero Beach, FL Docusign Envelope ID:30064BD6-ADEB-8E15-813D-C7EE923E669B 2 Our Displays � � ��• . � :������� -� �. � ,�- ,�. � Our rotechnic dis la s include over �/� � "\ 100 d fferent t es of y rotechnic e ffects '��''��� Yp PY and patterns.We have the highest selection of premium products from all � O � � � E N T E R P R I S E S over the world including, but not limited to Europe,Asia, and the United States. We combine the pyrotechnic effects from these countries to provide you with the best possible design or synchronization to reflect the musical score of your show. We have the newest and most technologically advanced computerized digital firing systems to ensure the effects are perfectly and safely fired or choreographed to any genre of live or pre-recorded music. d ,1,*�'j.y!w,�, � 1„y --�-�, ^,Qi tF ` .,r`� ' ' .. -` ` Featured Manufacturers: 1 .3G Display Fireworks: ��� ��R- ��G�,N 7'$L�s %��� '� _ �_, ;� � :��: DANCING ��vl.�.�tH -�- m FIREWORKS • � -1'Itf.Mll�oi �jLM1tlf4� FINEWUNkti- ' ,� QD 1 .4G UN0431 Articles Pyrotechnics: R�, ��* F ultratec HEXTX speciai effects . Docusign Envelope ID:300646D6-ADEB-SE15-813D-C7EE923E6696 3 A't ����y�y}�; . .��►.. � �� �!'� � � y _ '�F - �' 'j:';4. - . .. �, � '�iv + _ � A � Vi�►►-.:. ... .;... "•. ��4 � � .)µ � The Westin Resort Cape Coral, f :ir- , ' a Annual\YF.Pireworks Display �� L,_� - i Our Team and Crews � __,,. :� . . _. . •a_ ""` 'i�"`� "'�` y�°' , �"'' ° " �° The leadershi at Ex losive Pyrotechnic Crew .•��.r� ���,-� �,.�x+�.=• , P P - 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! s;;;. :�: ;, �.; rV � � . � Y�R . -ti'\ � �l ,j� � ..f" ' � . � �,� ' � ��+� � � � ��_( � r. � ��'��/�' � , ''+ �� j ����' �° /`, � �� ' � )°j��' ,�i �'� � � l� i �_'�� i�%/Yi ,; �1�V� . . ;, � ��� � ` � !�� t = � . , � r;���� a �� . -�-w �� y� r ` ' � � a ,,.� � ��_i i', = XPL���;;� SIV = T U U C H E N T E R P R I S E S 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 � ���/� - � ,�- �� � � %/��l�l\\� � 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. = XPL���;;�SIV = 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 - ��I/� - _ /���_:���� � ..:1�1 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: $56,750.00 Other details: Company will secure all permits Scope of Work: 15 Minute Aerial Fireworks Display utilizing high quality 1.3G Fireworks. Display will be 100% electronically fired and will include 3 segments: Opener, Body & Grand Finale. Company will secure ALL permits required for display. Shells Included: 1'-2.5': 3,000; 3": 880; 4": 488; 5": 248; 6":135; 7":8 Initials www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 1 Docusign Envelope ID:300646D6-ADEB-8E15-813D-C7EE923E669B _ ���i. _ �'�t ����`' � � .� �: � T O U C H E N T E R P R I S E S We the undersigned, being interested in a fireworks display for July 4th,zozs agree to pay a total price of$ 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 www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 2 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 www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 3 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. � �r/1 = � �/�:���1\\� � 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 - ����� = XPL��� ��� SIV = �,,,� . 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 - ����� � � �%/�:�1��\�� � 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 �'ai.►Mc,l�a. (�{ffo S1-c.wa�v¢ 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