HomeMy WebLinkAboutSponsorship Agreement between the CMB and The Rythm Foundation, Inc. for Arts in the Parks and North Beach Social ��. �. „�� �.� �ZO2� � 3����--
SPONSORSHlP AGREEMENT
TH� RNYTHfV� fiOUNDATIdN PRaGRAMMiNG
ARTS 1N 7"HE PARKS ANa NORTN BEACH SQCIQI.
7HIS RHY7HM FQllNDATlf�N PR�GRAMMlNG - SPON OR H �' AGREEM�NT (tho
°Agreernent")is made and entered intc�this,___day of ___�,Y��O�F�Q2n,with an effective
date Qf October 1: 2025 ("Effective Date"�, by and between the City of Miami Beach, Florida, a
Fi�rida muniGi�,af corporatiorr, with otfices �t 17C10 Convention Cenker Drive, Miami Seach,
�larida 33139 (th� "Gity"), �nd THE RHYTNPA FOUNDATI�N, INC., � Florida not-far-profit
carporatian, whose addrass is 7�l5 Gollin� Ave, Miami Beach, Flarida 33141 (`Event
Organizer'}.
WITNESSE7H:
WHEFtEAS, th� Ci(y c�wns the tvliami 8e�ch Bandsheli, a historic cultural (aciliry lacated
in North Beach;
WNEREAS, th� City entered inta a Management Agreement (the "Management
Agreemenf")��ikh Event Qrganizer, a r�onpra(it culiural Qryanizatic�n, granting ii responsibility for
ihe day-fo-tiay operation, programrning,and scheduling of the Miami 8each 6andsheli, including
cancerts. f�st�vals, civic events, and community pro�ramming;
WHEREAS, under the �tanagement Agreer��ent, Event Organizer is tasked with
maintaining the facility, coordinating City-funded capital impravements, compiying with raporting
and performance standards, and sustaining op�rations through a combination af City support
and earned revenues, with the Management Agreement extended through 2028 to ensure
cortinuity of cultural stewardship;
WHEREAS, Event Organizer has successfully managed the Bandshell by presenting
diverse cultural prograniming, concerts, and eommunity events 4hat ser�e bati� residents and
visitors;
WHEREAS, the E3andshell hosts Nvrth Bear,h Social, a monthly commun�ty program that
features live music, dancing, and cultural exchange, offered free of charge to residents and
visifors as part of the City's cammitment to accessibte arts programming;
WHEREAS, the Bandsnell also ssrves as a venue for Arts in the Parks ttogether with
North Beach Socia/, individually and/or collectively, as tha context may require, the Eventv), a
City of Miam� Beach initiative that provides free, family-friendly cultural programming in public
spaces, thereby expanding access to the arts and f�stering community engagemeni;
WHEREAS, these programs, in partnership with Event Qrganizer, exemplify the City's
dedication to cultural enrichment, civic pride, and the activation of public spaces for the benefit
of the cammunity; and
WHEREAS, the continuatir�n of such programming ensures that the BandsheU remains a
vibrant hub for cultural life in Miami Beach, attracting diverse audiences and strengthening the
City's reputaiion as an mternational arts destinatiQn.
NOW.THERE�C7REp in consideratian af tha mutual promises and�avenants made herein,
Cify and Event Organizer agree as follows:
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1. Recitals. The above rec,itals are true and eorre�t anci ar� ineorporated by refer�nce
f7erein.
2. Tarm. 7he terr�i of this Agreem�ni(the"Term°)4viil carnrn�nce on Ehe�ffective Oate set forth
above, end shall expire following the conr,liasion of the Event and Event Organizer's
completion �f all of its ablig�tions her�uncier, unless termin��ted earli�er in accordance with
ihis Agr'eer�lc�r7t.
3, Event. �vant Urganizer shail tae solely responsibl�for prociucii�g ancf�,romotinc�ali aspects
of the �vent, inciuding securing private s�onsors and ven�ors to partiaipate in the Event.
The �vPnt Or3anizer has ad�ised the City that the E>>�ent sh�li be known and promote�d
uncler the titlF:�� of"North Be�ch Sacial" and '`Arts on �h�; f'.�rks." Tha �ver�t Organizer shall
t�� responsik�le for the cc�nducl and aperation of the �v�n# and will provide tr�s appropriate
personnel ta condiict ihe Event. rhe C;ity is ur�dcar na��bligation tp (und subsequent Events.
Event Orga�iizer shall be respansible for any and all campensation th�i may b� due to any
and all pertormers, entertainers, v�ndors, orgarnzations, sve►it s�nckioning bodies, vendors,
��nci partici�ants, and fhe City shall have no such respc�nsik�ility, abligatinn, qr liability The
Gity shall not be respansible or liable to comp�titars for prize rnoney payments,or to any third
party for any aspect af ihe praducrion of the �vent. F�urther, the City Shall not be a party ta
any indepenciant cantracts that lhe Event Orc�anizer may enter into with other organizations,
contractors, ar participants in the Event and/or supporting acfivitles, �or shall the City be
liahle to such third parties, Event Organizer shall not re�resent thak it is an agent, official,
authorized representative, or empioyee of City.
�. Sponsorshi� Funding. Subject to Event tJrganizer's compliance with its oblfgations under this
Agreement and an annual appropnation 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$25,Q00.00 fqr Arts in the Parks prQgramming and 515,000 00 for
Norfh Beach Social programming; provided, ho�vever,that no more than fifte�n�ercent(15%)
c�f ,he Gity's total sponsorship contribuUan 4or each Event may be disbursed ir. advance of
the applicable Event. All remaining cash contributlons shafl be made on a reimbursement
basis, fiollo�ving (i) the concfusion of the applicable Event, (ii) the City's receipt and approval
of product�on deveEopment materials and required supporting documentation (e.g. invoices,
canceled checks and photographs)demonstrating that Event Organizer has actually incurred
such third-party expenses, and (iii)Event Organizer's submission, and the City's acceptance,
of the applicable Final Report.
5. irVarranties. Event �rganizer warrants and represents that it has all necessary rights,
authority, licenses and permits necessary to enter into this Agreement, ia grani the rights
and IicEnses herein granted, and to carry out its responsibilities as set forth herein. Event
Organizsr shall utilize the sponsorship benefits to conduct and operate the Event in a safe
and respectful manner, in accordance with all apphcable laws, and without endangering
others ar violating their rights.
�. SponsorshiR Benefits. In consideration of the City sponsorship funding described in this
Agreement, and the mutual promises made herein, Event Organizer shall provide
sponsorship benefits to the City which, at a minimum, shall include the sponsorship
requirement$/ben�fits set forth in Section 9 of this Agreement and in Exhibit A, attached
hereto and incorporated her�m.
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7. Puhiic Benefit Proqram. Event Organizer shafl provide a public benefiit pragram (the "Public
Benafit Program")ta be made available to City of tvliami Beach resider��ts. the �vent's Public
Benefit Program shal( include the following, wherever permissible anc� applicable within the
Event foot�rint:
The Arts in the f'arks and North�eacn Socia(nrr�gramrning are free to the public.
Pubtic benefit notwiti�star�din�, fhrs clf�us�:daes r2vt preclude E�vant Organizer from soliciting
volunfary clonations(r�rn tt�e public to s��ppart Ure programs.
B. Final f�e�ort. The Ev�ni Qrganizer must pravide, within 30 days of the completian of the
Event, � final report (the "Final Report")ci�tailing the following:
• Event outcomes ir�cludin�, �vithoui li�tiitatipn, event attendance fiyur�s with proven
methad of collection, mec�ia impressions generated by the event, photos and videos of
the event;
� The implementation of the Public G�eneflt Pragram, including statistics reiating to
ap�roximately how many residents, seniors, and children were served, and how this
pr�grarn was marketed and communicated to the residenfs;
• AH supparting documentation required under Section 4 for the payment of the cash
sponsarship; and
• Vendar and cammunity feedback.
9. S�onsorshiR Requirements. The following is a list o( publicity and credit requirements for
events or �ragrams r�ceiving financial or in-kind support fram the City of Miami 6each {if
applicable}:
A. Prominently display City of Miami Beach logo in all media and promotianal marketing
materials related to the Event including, but not limiied to, advertisements, brochures,
websites, e-mails, newsletters, banners, posters, event programs, and ather print and/or
electronic publications in a manner where the City logo is dispiayed before sponsors of
lesser value, and placed in the most prominent position amangst sponsors of the same
level. All marlceting materials shall be subject to the approval of the City Manager's
designee prior to dissemination.
7he City and Event �rganizer shall collaborate in good faith to develop one or more
promotional or marketing templates, including approved uses of City logos, marks, and
required disclaimers {"Approved Templates°). Onee the City has provided wntten
approval of the Approved Tempfates, the Event Organizer may creats and distribute
routine pramotional or marketing materials that conform in aA material raspects to the
Approved Templates without requiring additionai review or approval by the City.
Any pramotional or mariceting materials that do nat conforrrz to the Approved Ternptates,
ar that involve new or materially different uses of City logos, marks, or messaging, shall
require prior written appraval from the City. Nothing in this section limits the City's right to
require removal of its �ogos or marks from any materials at any time and ior any reason.
This section shall survive the expiration of the Agreement.
B. Live announcement(s)during the event by emcea.
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C. ��e,a#e �vithin fl�f; r�c�uirei���nts �f all City c�f Miami �3each �;xisting sponsarships,
including the non��Icoholic �ouring rights agreemani with PepsiCa who is granteci
exclusivity in ALL non-alcofiolic� beverage categories with the exceptian of hot tea,
dispen�ed hot coffee and hot�:oc:�a, and Red 6ull wha is yranted exclusivity in the energy
drink uategory. As well, al) soda and �vater musi bc served in non-plas:ic,containers.
D. The programs covered under t1�is Agreement are free and open to the public, with no
tickets availahle for sale. Nnt;vifi��s�;�nomg the foregoing, the Event Organizer may, for
operational, logistical, or F�laruiin�� purposes, request that attendees submit a
complimentary RSVP. Subni�ssi�n of such an RSVP shall be entirely voluntary, and no
patron shall be denied admission ta the �vent on the basis of declinin� to provide an
RSVP.
E. i�� press releases, public announcements or public disclosures relating fo this
sponsorship or its subject matter, including but not limited to promotional or marketing
material, shall be made public by Event Organizer without the prior written consent of the
City. Event Organizer shall cease using all logos or other City mar4cs upon the expir�tion
af the Term unless expressly authorized in wriUng by the City. Additionally, the Cit�
reserves the right to require the removal of its logo/marks from any promotional materials
at any time and for any reasan. This paragraph shall survive the expiration of this
Agreement.
.4s described in subsection A, above, the City and Event Organizer shall collaborate in
good faith to develop Approved Templates. Once the City has provided written approval
af the Approved Temqlates, the Event Organizer may create and distribute routine
promotional or marketing materials that conform in all material respects to the Approved
Templates without requiring additional revie�v or approval by the City.
Any promotional or marketing materials that do not conform to the Approved Templates,
or that involve new or matenally different uses of City logos, marks, or messaging, shall
require prior written approval from the City. Nothing in this section limits the City's right
to require removal of its lagos or marks from any materials at any time and for any reasor
This section shall survive the expiration of the Agreement.
1�. Event Orqanizer is Responsible for the Followinq:
A. Event Organizer shall arrange for vendor concessions inside the encic�seJ area of the
Event Site. All sales of soft drinks or other beverages must be in compliance with the
City's beverage camtract. Event Organizer will colleci all proceeds from Event
concessions. City shall have no responsibility, obligation or liability refating to vendor
concessions. Event Organizer shall be solely respansible for ensuring that all vendors'
services are provided in accordance with all applicable laws, including, �vithout limitation,
al! food service, food handling, and alcoholic beverage and license regulations, including
the foflowing.
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1. Event �rganizer hereby agrees and acknowledges that, pursuant ta Section 82-7 of
the City Code, as may b� amended frar�i time to tu�e, �vent Organizer shall not sell,
use, pr�vide food in, or atf�r the us4 r�f�xpanded polystyrene food service articies (as
c�efinec! in City Code S�cti�n 82-7) w�lhin the Event Site or �thenNise in connection
with iltie Evenl. A viol�tion vf ti�is ser,ti�r� si�all be deemed a defauit under the terms of
this Agreement. Not�vithstanding the above, ihis seciion shali not appiy fo expanded
polystyrene food service article5 used for prepackaged food that have been filled and
sealed pnar to receipt by Evenl Organizer.
2. Additian�ily, Event Organizer agrees and acknowledges that, pursuant to Sectic�n 82-
8 of the Gty Code, as may be amend�d irom time ta time, Event Organizer shali not
sell, use, provide food In, or offsr the use of singie-use plastic beverage straws or
single-use plastic stirrers (as defined in City Code Secfion 82-8)tivithin the Event Site
or olharwise in connectian uvith the Event, A violation pf this section $hall 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 offering the use of, a single-use plastic beverage slraw or single-��se
plastic stirrer to an individual with a disability or med�cal condition that impairs the
consumption of beverages �vithout a s�ngle-use pfastic beverage straw or single-use
plastic stirrer.
3. Event Organizer 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 polystyrene product,
single-use plastic beverage straw, or s�ngle-use plastic stl�rer onto any beach or par4c
within the City. It is also untawful 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 above, the
provisions in Section 46-92(c) that pertain to single-use plast�c beverage straws and
single-use plastic stirrers shall not apply to a person or patron with a disability or
rnedical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or single-use pfastic stirrer.
4. Event Organizer 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 �rohibition regarding the sale or use of expanded polystyrene food service
articles, single use plastic beverage straws, and single-use plastic stirrers.
B. Event Organizer shall be responsible for handling all media vendors and organizations
and will be solsly responsible for handling all issues relating to the media vendors.
C. Event Oryanizer shall retain any and all rights to the Event, including any rights
associated with Event-related apparel and/or product sales.
D. Event Oryanizer shall keep the City apprised, on a monthly basis, of its progress with
respect to the activation of the Event. City, at its sole discretion, may monitor and
conduct an evaluation of Event 4rganizer's implementation of the Event. Event
�rganizer agrees to cooperate with City to promptly address any deficiencies or
concerns the City may have in connection with the Event.
E. Event Organizer hereby grants the City a non-exclusive license and r�ght to use the title or
the Event or any photographic, video, audio or olher footage of the Event, in connection
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with any City-produced publication, includiny the Ciiy produced mac�azine or any City
media outlets, such as MBTV. -fhis sectian shall survive the termination or expiration of
this AgrQement.
F. Event Organizer shall purchase and obtain all rc�quired Event Insurance policies far
General Liability coverage in the amouni of at least �1,Od0,000.00 General Aggregate;
�1,00�,000.00 Products/Cc�mpleted Operations; $1,00O,OOd.00 Personal and
Advertising Injury; at �1,OOp,OQ0.00 per occurrence, covering City, anii all participants,
no iater than 1Q days prior tc� #he Eveni, and �vent Organizer shall provide a Certifi��te
of Insurance evidencing such coverage to the City's Risk Manager. Event Urganizer shall
also pravide liquor liat�itity insurance, in the amouni of 51,O�q,000.00, and Hosf l�c�uor
liability insurance, in the amount$1,OU0,000.0�.
The above policies shall c:ov�r th� City, and all participants, no later than 1� days priar
to the Event. Event Organizer shall pr�vide a Certifir.ate of Insurance ovidc�nciny such
coverae�� to the City's Risk Manayer no later than 1Q days prior to the Event. All
insurance poticies shall nan�e City as additional insured and Certificale Holder, as
follows:
City of Miami Beach, Flori�ia
1700 �onvention Center Drive
tiliami Beach, �lorida 33139
G. Event Organizer shall obtain all applicable federal, state, and �ocal approvals, permiis
and licenses relating to the Event and any activities related thereto. Event Organiz�r
shal{ maintain 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 shalf comply with any
federal, state, county or City Code requirement applicable to Event Organizer or to the
Event Organizer's operation its business or other activities in the City of tvliami 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 of all taxes, fees
or charges that may be due to the City. Event Organizer shall promptly take corrective
action to correct any City Code violation or notice of violation issued by any governmental
agency with jurisdiction over Event �rganizer. Further, Event Organizer agrees to
comply with the terms and conditions of any lease, contract, or other grant agreement
that Event Organizer may have separately entered into with the City, if any ("Other City
Contracts"}. Any failure r�y Event Organizer to comply with any provision of the City
Code applicable to Event Organizer, or any breach or defau(t by the Event Organizer of
any covenant or other term or condition contained in any Other City Contracts ;after the
passage of any applicable notice and cure period set forth therein), shall, at the option
of the City, be cansidered an event of Defau(t(as such term is de�ned more fully beiow),
in wrich event the City shall be entitled (but in no event required) to apply all rights and
remedies available to the City under the terms of this Agreement by reasan of an Event
Organizer's breach or failure ta comply with said obligations.
H. Event Organizer shall indemnify and hold harmless the Ciry and its officers, employees,
agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, expenses> or damages, including, without limitation,
attorne}�s' fees and costs of defense, fur personal, economic, or bodily injury, �vrongful
death, or(ass of or damage to property,which the City or its officers, employees, agents,
and contractors may incur as a result of claims, demands, suits, causes of action or
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proc�eedings of any kinci or nature ansing out af, r�lating to, or resuiting from the
performance of this Agreement by Event �rganiz�r or its offcers, ernployees, agents,
servants, partners, principals or contractors, or Event 4rganizePs use c?f the Evant Site,
including, without limitation, any claim that any aspect of the Event infringes upon any
third-party's existing copyrights, tradertiarics, trade names, or other intellectual property
or proprietary nghts. Fvent Organizar shall pay all claims and losses in connection
thereuiith and shall inv�s�iaate and defand all clair��s, suits, or actions of any kind or
nature in the riam� of the City, where applicable, including �ppellate proceedings, and
snall pay all r,�sts, judg�nants, and attomeys' fees which may issue thereon. Event
�rganizer expressly understands and agrees that any insurance protection required by
this Agreement, or otherwise pravided, shall in no way limit its obligation, as set torth
herein, to indemnify, hold harmless, and defend the C;ity rar its officers, employees,
agenis, and c4ntractors as herein provided.
i 1. Evenis �f Default. Termination of Aqreement for Cause�and Remedies.
A. The following shall constitute events of defa�ilt:
i. Any material misrepresentation, written or oral, made by Event arganizer and/or
its representatives to City.
ii. Failure by Event Organizer to timely perform and/or observe any of the terms and
conditions of this Agreement.
iii. Insalvency 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 City,
operate as an automatic forfe�ture of any rights or benefits conferred under this
Agreemenf, and accordingly, City reserves the right 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 liable for all damages, costs and expenses arising
out of or related to its default. In the event of a default, City reserves the right to pursue
any and all legal remedies available to it, including but not limited to termfnation of this
Agreement for cause, which termination shall be effective upon ten (10) days written
notice to Event Organizer. In the event of any such termination, the City shall have no
further obligation or liability to Event Organizer.
12.Assi r�ment. Event Organizer shall not assign its rights, interests or obligations under this
Agreement without the City's prior written consent. Any purported assignment in violation of
this section shall be void and shall constitute an event of default f�ereunder.
13.Audit and lnspections. Event Organizer shall keep accurate and complete books and rec�rds
of all receipts and expenditures relating to this Agreement, in accordance with generally
accepted accounting principles, and shall retafn 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 (and/or its designated representatives) �easonable access to its files, records and
personnel during regular busmess hours for the purpose of making financiaf audits,
evaluations or ��erifications, program evaluatians, or other verifications concerni�g this
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Agreernent, as ti�e Ciry deems necessary. Furthermore, the City may, at its expense, audit or
hava audited, aN ti�e financiai records of the Event Oryanizer related to th�s Event.
14. Ci s Ri ht to Suspend Activities or Remove Persons from Event Site. The City Manager shali
have the authority to susp�nd all or any part of the activities of Event Organizer, upon verbal or
written notice to Event Organizer,when, in ttie City Manager's sole judgn�ent and discretion, such
activities may be or are detrimenial to the public or to the Giy, or if the Ciiy has reason to befiave
any la�v or ordinance is being violated t�y �vent Urgani7er, its agents or employees. 7he Ciry
reserves the right through the City Manager, to su;;pend or termmate use of the Event Site if
visito�s become unruly, and to reject any sponsor, presentation, material or item which is or may
be, in the sole opinion of the City Managor, hazardous, offensive, immoral or disparaging to the
image of the City,or to any person or grou{�of persons. The decasi�n of the City Manager in such
regard st�all t�final, binding, and conclusive.
15. Termination f�r Convenience.
A. The Event Organizer may conduct the Event for the Term of th�s Agreement, unless the City
Manager decides to terminate the Eveni, ai the City Manager's sole and absolute discretion,
for any reason or no reason wt�atsoever, for the eonvenience of the City. 7he City Manager
shalf notify the Event Organizer, in writing, of the City's terminaUon of this Agreement.
B. The Event Organizer may elect, during the Term of this 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 City in writing prior to commencement
of the Event. If the Event Organ�zer elects nat to conduct the Event or elects not to seek
an extension of the terms of tl�is Agreement, this Agreement will automatically term�nate.
16. Notice. Whenever any party desires to give notice to any other party, it must be given by written
notice sent by registered United States mail,with return receipt requested,addressed to the party
for whom it �s intended at the place designated below and the place so designated shall remain
such until they shall have been changed by written notice in compliance with the provisions of this
section. For the present, the parties designate the following as the respective places for giving
notice:
CITY:
Cify of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
EVENT ORGANIZER:
The Rhythm Foundation, Inc.
P� Box 414625
Miami Beach, FL 33141
17. Insqector General Audit Riqhts.
A. Pursuant to Section 2-256 of the Cc�de of the City of Miami Beach,the City has established
the Office of the Inspectar General which may, on a random basis,perform reviews,audits,
inspections and investigations on all Gity contracts, throughout the duration of said
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c�ntr�cts l�his randorn audit is separafe and distinct from any oiher audit performeci b;1
ar on behalf of the City.
B. 7he Office of the Inspeclur General is authorized t� investigate Cifi,� affairs and
empowared to review past, �r�sent and pro�osed City programs, accc�unts, records,
contracts and transactions. in addition, the Inspector G�nerai has the power to subpoena
witnesses, administQr oaths, require the production of witnesses and monitor City projects
�nd programs. Monitoring of an r�xisting City �roJect or proyram may include a report
�oncerning whether the project is on time, �vithin hudget and in conformance wiih the
contract documents and a�plir.able law. Thi; tnspector Gonera} shall have khe bower to
��,dit, investigate, manitor, oversee, inspect and review operations,activities, performance
anu �roci�r�emenf prc��.ess includiny but not lirnited to project design, bid specit+cations,
(bi�/proposal)submiitals,activities of Event Oryanizer, its�ificers, agents and employees,
lobbyists, City staff and elected officials to ensure cornpliance wifh the contract dacuments
and to detect frau�i and ce7rruption. Pursuant ta Sectian 2-378 of the City Code, the �ity
is allocating a percentage of its overall annual �ontract�xpenditures ta fund the activit�es
and ope�rahnns of the Offic� of Inspector General.
C. Upon ten (10) days written notice to Event Organizer, Event Organizer shall make all
requested records and �ocuments avaifable to the Inspecior General for inspection and
copying. The Inspector General is empow�red to retain the services of independent
pnvate sector auditors tp audit, investigate, monitor, oversee, inspect and review
operations achvities, per�ormanco and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of Event �rganizer
�ts officers, agents and emplayess, lobbyists, C�ty staff and elected officials to ensure
compliance�vith the contraci documents and t�detect fraud and corrupt�on.
D- The Inspector General shall have the right to inspect and copy all documents and records
in Event Organizer's possession, custddy or control which in the Inspector General's sole
judgment, pertain to performance of the r,ontract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and tivith successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
an� contract documents, back-change dacuments, all doc�ments and records �vhich
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and persannel records and supporting documentation for the aforesaid
documents and records.
E. Event Organizer shall make available at its o�ce at all reasonable times the recards,
materials, and other evidence regarding the acquisition {bid preparationl 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
cfauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, Event Organizer shall make
available records relating to the �vork terminated ►�ntil three (3) years after any
resulting final terminatian seiilement; and
ii. Event Organizer shall make available records relating to appeals or to lit�gation or
the seftlement of claims ansing under or relating to this Agreement until such
appeals, litigation, or claims are finally resolve�.
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F. The ��rovisions in this section shall apply to Event Organizer, its officers, agents,
employees, subcontractors and suppliers. Eveni C�rganizer shall incorporate the
�rovisions in this section in all subcontracts and all ath�r agreoments executecl by Even#
Orc�anitcr in cc�nnectian with t��e perfarmance af this f�yreement.
G. Nathing in this section shall impair ��ny independent righf to the City to cond�ict audits cr
investigative activiiies. The provisic�ns of ihis section are neither intended nor shall they
be construed to imppse any liability on the City by Event Organizer or thlyd parties.
1R. Event Or anizer's Com�lianc:e.,vith Florida Public Records Latv.
A. Event Urganizer sh�ll comply with Flcarida Public Records law under Chapter 119,
Florida StatutQs, as rnay be anr�ndod (rom time fn time
8. The term "public recc�rds" s17��11 havc� the meaning set torth in Section 1i9.011(12),
��ahich means all doc,�;ments, papeirs, letters, maps, boaks, tapes, photographs, films,
sQund recordings, da#a processing software, or other rnaterial, regardless of the
physical form, characteristics, or ineans of transmission, made or received pursuant to
law or ordinance or in cannection with ihe transaction of official business of the City.
C. Pursuant to Section 119.070 i of the Flonda Statutes, if Event Urganizer meets the
definition of"Contractor" as defined in Secfion 119.Q701(1)(a), Event Oryanizer shail:
1. Keep and maintain public records required by the City to perform the service;
2. Upon request from the City's cusiodia� of public records, provide the City with a
copy af the requested records or allow the records to be inspected or�opied within
a reasonable time at a cost that does not exceed the cast provided in Chapter 119,
Flonda Statutas or as oiherwise provided by law;
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,for
the duration of the contract term and following completion of the Agreement if Event
�rganizer does not transfer the records to the City;
4. Upon completion of the Agreement,transfer,at no cost to the City, all public records
in possession of Event Organizer or ksep and maintain public records required by
the City to perform the service. If Event Organizer transfers all public records to the
City upon completion of the Agreement, Event Organizer shall destroy any
duplicate public racorcis that are exempt or confidsntial and exempt from public
records disclosure requirements. If Event Organizer keeps and maintains public
records upon completion o( the Agreement, Event Organizer shall meet all
applicable requirements for retaining �ublic records All records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
D. Reques# For Recards: Norcompliance.
1. A request to inspect or copy public records relating to the City's contrac! for
ser�ices must be made drre�tly 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 records to the City or allow the
records to be inspected or copied within a reasonable time.
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? E<<ent Organizer's failure ir, cc�mply with the Ciiy's request for rerards shall
co�istitiit�a breach of this Agreement, and the City, �t its sole discretion, may: (1j
unilaterally terminate the Agreem�nt; (2} avail itselP af the remedies set rorth
under th� Agreement; �nd/or(3) avail itsel(of any avaiiable remedicis �t la�v or m
equity.
3. Event O,ganizer who fails to prov�cie kt�� ���blir, recards to the City ��rithin a
reasonable time may be sub�ect to penalties under s. 1_1�).10.
E. Civil Actinn.
1. If a civil act��n i�filed .-�qainst Event Orgar7izer to compel producti�n of�ubtic
reCordS relaiing to the City's contract for servires, the court Shall �ss�s� and
award ayainst Event Organize► ihe reasonable r,nst�of enforcement, ir��..h��'ing
reasonable �f;orneys' fees, if:
a. The co��ri cietennines that Fvr,nt OrganizE;r unla�rfully refuser� to comply�Nith
the pul�tic records request�vithin a reasonahle t�rne; and
b. At leasi t3 business �ays before fihnc� the action, the plainfift provicled written
notice of the pubhc records reqtiest, including a stalement ttiat Event
Organizer has not complied�frith the request, to the City and to Event
Organizer.
2. A riotice camplies �.vith subparagraf�h (1)(b} if it is s�r�t to the Gity's r,ustodian af
public records and to Eti�ent Organizer at Event Organi�er's address listed on its
contract with the City or to Event Organizer's registered agent. Such notices mus',
be sent by common carrier delivery service or by registered, Glo�al Express
Guarar�teed, or cert�fieci mail, with postage or shipping paid by the sender and
with evi�ence of delivery, which m�y be in an electrornc format.
'�. Event Organizer�vho cQmplies with a public records nc��uest within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement.
F_ iF EVEN7 QRGANIZER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORiDA STATUTES, TO
EVENT �RGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUB�IC RECQRDS AT:
C1TY OF MIAMt BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 C4NVENTION GENTER DRIVE
MfAMI BEACH, FL4RIDA 33139
E-MAfL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
19. E-Verif .
A Event Orgarnzer shall comply �vith Section 448.095, Florida Siatutes, "Emaloyment
Eligibiliiy" ("E-Verify Statute`), as may be amended from time to time. Pursuant to the E-
Verify Statute, commenciny on January 1, 2021, Event Organizer shall reg+sler with and
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��se the E-Verify system to verify the work authorization status of all newly hired employees
�uring the Term of the Agreernent, provide an aff�davit stating that Event Organizer does
nof employ, contract with, or subcontract with an unauthorized alien, or, upon the City's
evritten request, otherwise demansttate Event Organize�'s compliance with Sect�on
448.095 as ciescribed therein. Additionally, Event Organizer shall nxpressly require any
subcontractor performing work or providing services pursuant to tha Agreement to utilize
the U.S. Department of Hu�T�eland Sec:urity's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract Term, as
applic�ble. If Event Organizer enters into a cantract with an apnroved subcontractor, the
subcontractor must provide Event Organizar with an affidavit stating that the subcontractor
does not emptay,contr�ci tvith,or subcontract with an�anauthonzed alien. Event arganizer
shall maintain a copy of such affidavit fc�r the duration of the Agreement or such other
extendetf period as may be required ��nder ihis Agreemcynt.
B. TerminatiUn Ric�hts.
1. If ihe City has a good faith belief tt�at Event Organizer has kriowingly violated Section
448 �9(1), Florida Statutes, the Gty shall terminate this Agreement with Event
Qrganizer for cause, and the City shall thereafter have or owe no f��rther obligation or
liability to Event Organizer.
2. if the City has a good faith belief that a subcontractor has knowinyly violated the
toregoing Subsection 3(A), but Event Organizer otherwise 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
iailure to terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate Evenf Organizer's contract for cause.
3. A contract terminated un�der the foregoing Subsectian (S)(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 action with the Circuit or
County Cou�t to challenge a termination under the foregoing Subsection (B)(1)or
(B)(2)no later than 20 calendar days after the date on which the contract was
terminated.
5. If the City terminates the Agreement with Event Organizer under the foregoing
Subsection (8)(1), Event Organizer may not be awarded a public contract for at least
9 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
termination of this Agreement under this Section.
20. No Discrimination. Event Organizer also accepts and agrees to comply with the following
Special �onditions:
A. Event Oryanizer hereby agrees that it will comply with Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.} prohibiting discrimination on the bas�s of race, color,
national origin, handicap, or sex.
B. Event Organizer hereby agrees that it will comply with�ity of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code,and as may be amended from time
to time, prohibitiny discrimination in employment (including independent contractors},
housing> public accvmmodations, public services, and in connection with its membership
or policies because of actual or perceived �ace, color, national origin, religion, sex,
intersexuali±y, gender identity, sexual orientation, marital and familial status, age,
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disabii+ty, ancestry, i�eight, w�:ight, hair texture and/or hairstyle, domestic partner status,
labor�rganiz�tion membership, familial situatian, or political affiliation.
C. i he City endorses the clear mandate r�f the t�meric�ns with Disabilities Act af �1990(ADA)
to remave barriers, which prev�nts c��aalified individuals witl�� disabilities frani enjoying the
samc� employment opportunities that are a��ailable ta persons without disabilities.
C�. "T'he City also endorses the mandate of the Rehabilitati�n Act of 1973 and Section 504
anc prohibits discrirnmatinn on the basis of disability and requires that sponsorship
recipients provide equal access and equal oppo�tunity and serv�ces without discrimination
on thr� basis af any disability.
27. Event arganizer's Com liance with Anti-Hu�nan_Traffickin_q Laws. Event Organizer agrees to
comply with Section 787.06, Florida Siatut�s, as may be�mended from time ta time, and has
executed ihe Anti-Numan Traffcking Affidavit, containing ihe cQ�t�tication of compliance with
�nti-human trafficking laws, as reguired by Section 787.06(13), Florida Statutes, a copy of
�,vhich is attached hereto as Exhibit �.
22. Prohibstion on Contractinq with a Business EnQa4ing in a BoYcott. Event Organizer warrants
and represents that it is not currently 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(2)(a)of the City Code,
Event Organizer hereby certifies that Event Organizer is not currently engaged �n, and for the
duration of the Agreement, will not engage in a boycott of Israel.
23. Prohibition On Contractmq With An Individual Qr Entitv Which Has Perfarmed Services For
Compensation To A Candidate For CitX Elerted Office. Eveni Organizer warrants and
represents ;hat, vrithin two (2) years prior io the etfective date of the Agreement, Eveni
Organizer has no1 received compensation for services performed for a candidate for City
elected office, as contemplated by the prohibit�ons and exceptions of Section 2-379 of the City
Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not apply to the following:
A. Any individual or entiry that pr�vides goods to a candidate for office.
B. Any irdividual or entity that provides services to a candidate for office if ihose same
senrices are regularly performed by the individual or entity in the ordinary courss of
business for clients or customers other than candidates for office. This includes, without
limitation, banks, telephone or internet service providers, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
:. �ny ,ndividual or entity which performs licensed professional services (including for
example, legal or accounting services).
24. Prohibition Aqainst Contractinp With �oreiqn Couniries Of Concern When An IndividuaPs
Persona! ldentifyinq Information Mav Be Accessed. Event Organizer hereby agrees to
comply with Section 287.138, Florida Statutes, as may be amended from time to time, �vhich
states that as of,fanuary 1, 2024, a governmental entity may not accept a bid on,a proposal
for, or a reply to, ar enter into, a canlract with an entity which would grant the entity access
to a� individual's personal identifying information (PII), unless the entity provides the
govemmental entity with an affidavit signed by an officer or representative of the entity uc�der
penalty af perjury attesting that the entity does not meet any of the criteria in Paragraphs
2(a j-{c� of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a
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f�reign c�untry of concern; (b) the government of a foraign country of concern has a
con#rolling interest in the entity; or (c) the entity is organized under the laws of or has its
principal pl�ce of business in a foreign country of concern (each a "Prohibited Entity"). A
fareign cauntry of concern is defined in Section 287.138 (1)(c), Fioric�a Statutes, as may be
amended from time to time, as tii� F'eople's Repuhlic of China, the Russian �ederatiori, the
Islamic Republic o� Iran, the Democratic People s Republic oF Korea, lhe Republic of Cuba,
the Venezuelar� rec�ime of Nicolas Maduro, or the Syrian Arab Republic, including any
agency of or any other entity of sic�nificant control of such foreign country of concem.
Addit�anally, beginning July 1, ?025, a governmentaf entity may not extend or renew a
contract with a Prohibited Entity. Event Organizer warrants and represents that it does not
fall within the defirnition of a Prohibited Entity, and as such, has caused an authorized
representative of Event OrganizFr to execute the "Prohibi6on Against Contracting with
Entities of Foreign Countnes �f i.:,uncem Affidavit', incor�arated herf,in by referenre and
attached hereto as Exhibit B.
25. Certification of__Compliance witr�.Antidiscriinination .�r7d Anti-Bo�r_ott f�e_,{cuirernents. As
required by Section 2-375.2 of tha City Code, Event Organizer has executed the Cer�ification
of Compliance with Antidiscrimination and Anti-Boycott Requirements, a copy of which is
attached hereto as Exhibit B and incarporated herein.
26. Certification of Compliance with City Antidiscrimination Requirements. As required by Section
2.375.3 of the City Code, Event Organizer has executed the Certification of Compliance with
City Antidiscrimmation Requirements, ,a copy of which is attached hereto as Exhibit B and
incorporat�d herein.
27. Entire Agreement This Agreement shall constitute the entire agreement between the parties,
and supersedes all prior negotiations, representations, or agreements either vrritten or oral.
No warranties, inducements, considerations, promises or other references shall be implied or
impressed upon this Agreement ti�at are not expressly addressed herein.
28. Governing Lativ and Attomev's Fees. This Agreement shall be construed in accordance ��vith
the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County,
Florida, and if legal action is necessary by either party with respect to the enforcement of any
ar all af 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 RIGHTS EITHER PARTY MAY NAVE TO
A 7R.lAL BY JURY 0�ANY CIVIL LITIGA710N RELATED TO, OR ARISING OU7 OF, THIS
AGREEMENT. In the event of any dispute wh�ch arises out of this Agreement, the prevailing
party shal) be entitled to reasonable attorney's fees and costs, including bankruptcy and/or
appeai, if any.
29. Sc�. It is expressly understood and agreed that this Agreement is for the duration of this
Event only and that Event Organizer has no right or privilege other than that expressly
provided herein.
30. No Partnership or Aqen� Event C?rganizer agrees that nothing herein contained is interrded
or should be construed as in any way creating or establishing the relationship of partners or
joint venturers between City and Event Organizer. In no event shall Event Organizer
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represent to any third party that it is actin� as a��agent, representative or on behalf of City for
any purpose ar in any manner whatsoever.
31. Am�ndment. No moclification, amendment or alteration of the terms or conditians �ontained
herein shall be effective unless car�taineci in a written document executed by the parties
hereto, with ;he same fo�mality and of equ�l dignity herewith.
32. Extent of Agreemeni. This Agreement represents the entire and integrated Apreement
l�etween City and Event 4rganizer and supersedes all prinr negotiatinns, representations, or
agreements either written or oral.
33. Coraorate Status: This Agreement shall at�tr,rnatically terminate if, within thirty (30} days from
execution of this Agreeri�ei7t, �vent nrganizer does not provide the Gity �.vith proper
doc�mentation evider�cing that Evant Organizer is registered ta da tx�siness ir�the State of Florida.
The remainder of thls page ls intentionalty left blank.
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i�1 WI'f��IESS Wki�R�Qf�, t��e �:'arties or their duly �uthoriz�d r�pr�ts�ntatives h�r�::�l
-�x�;cutN 1F�is Agreement on th�; date written :�elaw.
FC)R THE CI?Y: CITY OF MIAMI BEACH, �t�ORIDA
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�XHIBIT A
SPaNSORSHiPIMARKET'tNG BENEFITS:
0 5houici tha name not a��ar in the logo lockup, the Event must recognize th�City af Miami Beach
as a tap Eier par�tn�r in a!!announcements, posts,�,averag�and ather, where ev�nt name is used.
o �ity narn� recagnition/loya to �: prcxxnninently dispiayect on promqtianal materia(s including press
releases, and all printed (staye banners, prograr�is, sit� signage), sor,ial arrd digital collateral.
� No press releas�vs, �uk�lir,annc7uncements or pul�lic discic�sures r�elating to this spunsorship or its
subject maiter, ir��luding but n�t limited ta prc�moti�rna!or marketinc�material, shall be made public
�y the Event Orqan�ztar without tt�e prior written cansent�f the City. �Th�City�nd Event Organiz�r
�nall callab�rate in good faith to develop Approved Templates. C7nce the City has provided written
a�proval of the Approved Templates, the Event c�rganixer m�y create �nd distribute rautine
c�romotional or m�rketing mat�rials that conform in all material respecfs t� the Apprnved
�'emplates �vithout requiring additional r�evie�v or approval by the City. Any promotional or
marketing matwrials that do noi confprm to the Approved Templates, or that inuolve new or
rnaterially d�ffe�ent uses of CiEy lagas, marks, ar messaging, shall require prior written approval
f�orn the Gity. Rlathing in this section limits the City's right to require remaval of its logos or marks
ffram any materials at any time and fos any reason. This section shall ��arvive the expiration of the
A�reement.
o The Parties agres not to usa the other Rarty's name or Event names in any promotional
material or public announcement without prior written or oral consent o(the other.
o �vent Organizer shall offer the City an opportunity far City representatives to speak et all press
conferences and ribbon cuttmg events.
o Event Organizer shall make City aware of all press events with at least twenty-faur (24} hours'
tIOtIG�.
o Citv sha{I have the right to station two (2) phatographers and two (2) video operators within the
Event Site, including in any space dedicated to Event media personnel.
o Event Organizer shall provide working passes for all City blarketing and Communications staff who
avill be working the event. City to provide a confirmed list of individual names no fater than seven
(7)days before the Event date.
a Event Organizer shall tag @miamibeachnews (IG, T�vitter) or @Giryofl�tiamiSeachGovernment
(FB)in all social media posts
o Event Qrganizer shall promote the Event on all Event Organizer owned social and digilal channels,
s�arting at least one month priar ta Event start date.
a �vent Organi�er shall r�ake dedicated City, non-sales spe�ific, spotlight lnstagram nosts.
a Event Organizer shall make dedicated City, nan-sales specific, spotlight Tweets on Twitter.
a City name recognitionflogo on step&repeat banners.
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EXHIBIT B
CITY'S AFFtDAViTS ANp CER7l�tCA710NS
This Exhibit tncit�des affidavits anc� certifications rnquired under applicable �{orid� faw and the
Cade af ti�e City of Mi�mi Beact� in con�ection with the execution and administration of this
Agreement. To ensure acknowledgment and understanding af each requirement, the Event
Organizer si�all initial each section inclu�ic�d in this Exhibit. Tt�e act of initialing confirms the Event
Organizer�S fP,V18W Oi, and agreem�nt to, the statements contained therein. The Event Organizer
shall also sign and notarize the acknawledgment at the end of this Exhibit, affirming the truth and
accuracy oi aif mitiafed statements.
This Exhibit must be completed by a persor� auth�rized to make the fallowing atteslations on
behalf of Event C�r�anizer.
• .
Initials�)
in accordance with Section 767_06(13�, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Event Organizer, hereby attests under penalty of perjury that Event
Organi�er does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes, entitled "Human Trafficking".
• - s • •
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lnitials.j�)
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In accordance with Sect�on 287.138, Florida Staiutes, incorporated herein by reference, the
undersigned, on behalf of Event Organizer, hereby attests under penalty of perjury that Event
Organizer does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138,
Florida Statutes: (a) Event Organizer is owned by a government oF a foreign country af concern;
(b)the government of a foreign country of concern has a control{ing interest in Even1 Organizer;
Qr(c) Event Organizer is organized under the laws of or has its princ�pal place of business in a
foreign country of concem.
• . a .
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In accordance with Section 2-375.2 of the City Code, incorporated herein by reference, the
undersigned, on behalf of Event Organizer, hereby attests that Event Organizer will comply with
all relevant antidiscrimination laws, including the anti-boycott provisions of Section 2-375.1 of the
City Code, and affirms that Event Organizer will noi engage in a boycott af lsrael, antisemitic
discrimination or antisemitic speech in conjunction with the Evant.
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In ac;c,orcianc�; tivitt� Sectior� 2-37� .5 c�f the Ciiy C�de, iricc�r�,or.=�ted herein by reference, the
ur.dersigned, on behalf of Fv�nt Org�n�zer, hereby attests that Event CJrgarnzer wi41 comply with
all relevant anticliscrimination (aws, arzd affirms th�t �vent Qrganizer will not enqage in
diserimination n�sed upon an� classific�itian c�tegc�ry as sei fortt7 in Section 62-31 of the Gity
Code in conjunctian with the �vent.
tS1GNf1`�URE PAGE FGLLOWSJ
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BY SIGNfNG AND NOTARIZiNG THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVI'�S
AND CERTIFICATiONS IN SECTIONS 1-4 OF THIS EXNIBIT.
I understand that I arn swearing or affirming under oaih, under penalties of perjury, to the
truthfulness of the claims made in this �'xhibit and that the punishment for knowingly making a
false staiement may include fines and/or imprisanment.
The undersigned is authorized ta execute this a(fidavit on behalf of Event Organizer�
�VENT ORGANIZER:
THE RHYT M �OUNUATIUN, INC., � Fl�rida not-for-profit carporation.
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Si a re of thorize Representative � � (Address) --�
Name/Title: .11�;�;"�Iti'��� ��1�l��d��rll��
State of ���;(1 C���L--
County of 1'Yl l C�►'��i �G��`_„
7he foregoing instrument was acknc�v�fedged before me by means of GYphysical presence or D
onfine notarization, this 9 day of �L� 202� by
(.�C�C1tY1 [-rc�rlu 7 C:t as [�C�i-�-� �c� C��Ce�-�o(, of THE RHYTHM
FOUNDATION, INC., a Florida not-for-profit corporation, known to me to be the person described
herein, or who produced �rl�Q V 1 �CECIS� as identification, and who did/did
not take an oath.
NOTARY PUBLIC:
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( ature) �
Notary Publlc$teto ol Florld� �
� '/ Sabrina K Csbanas
`C (� � �( ���`�yy�1 /:C My Comm�ss�on J� '
�i. ( � )1'i) 1�� 1\ V .c� r l�,�t� II) MN 319486 � �
(Print Name) EXp.6/2212026
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My commission expires: Z
Docusign Envelope ID:8FEBC4C4-7832-8365-818C-8DD46621 D342
2025-33945
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY �F
MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, CITY CENTER RDA AD YALOREM TAXES,
NC?RTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, tNTERNAL
SERYICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2026.
WHEREAS, the City Manager's total flnal Fiscal Year(FY)2026 operating budget, net of
transfers and Internal Service Funds, as amended at the second public hearing on September
30, 2025, is $910,849,000 including the General, General Obligation (G.O.) Debt Service, City
Center RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, and Special
Revenue Funds, as reflected in the attached Composite Exhibit"A"; and
WHEREAS, the FY 2026 General Fund operating budget, as amended, totals
$482,497,000; and
WHEREAS,the FY 2026 budgets far the G.O. Debt Service, City Center RDA Ad Valorem
Taxes, and North Beach CRA Ad Valorem Taxes total, as amended, $16,296,000, $36,255,000,
and $1,693,OOQ, respectively; and
WHEREAS, the FY 2026 budgets for the Enterprise Funds total $312,047,000; and
WHEREAS, the FY 2026 budgets for the Special Revenue Funds total $144,887,000; and
WHEREAS, the FY 2026 budgets for the Internal Service Funds, which are primarily
supported by transfers from the General Fund, Enterprise Funds, the City Center and North Beach
Community Redevelopment Areas, and Special Revenue Funds, total $146,307,000, as
amended; and
WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs for
the Building, Sanitation, and Sustainability Funds in accordance with the budgets proposed for
FY 2026, the Mayor and City Cammission would need to waive the City's established policy of
not utilizing one-time, non-recurring revenue to fund recurring personnel, operating, and
maintenance costs; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust
Fund; and
WHEREAS,the proceeds and interest earned from the Police Confiscated Trust Fund are
authorized to be used far crime prevention, safe neighborhoods, drug abuse education and
prevention programs, ar for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds following a request to
the City of Miami Beach Gommission, and onty upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "B") which states that this request complies with the pravisions
Docusign Envelope ID:8FEBC4C4-7832-8365-818C-8DD46621 D342
of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally
Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, the Police Confiscation Trust Fund budgets for FY 2026 in the amount of
$143,�OQ shall be funded from State Confiscation Funds in the amount of $71,000 and Federal
Treasury and Justice Confiscation Funds in the amount of$72,000, as reflected in the attached
Exhibit"B"; and
WHEREAS,funds in the amount of$143,000 are avaifable in the Police Confiscation Trust
Funds; and
WHEREAS, the City of Miami Beach is authorized to assess $2.00 from court costs for
criminal proceedings for expenditures for Criminal Justice Education degree programs and
training courses for o�cers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes; and
WHEREAS, the Police Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes, in the amount of$29,000, as reflected in the attached Exhibit"C";
and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "C") which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Florida Statutes and the guidelines established by the
Division of Griminal Justice Standards and Training; and
WHEREAS, the City of Miami Beach Police Department intends to utilize the $29,0�0 for
those purposes as authorized pursuant to Section 938.15 of the Florida for education degree
programs and training courses for officers and support personnel of the Miami Beach Police
Department; and
WHEREAS, the Miami Beach Cultural Arts Council (CAC)was established by the Mayor
and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and
perForming arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of the residents of, and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on
June 3, 1998, identifying the following program areas for the CAC: cultural arts grants, marketing,
facilities, advocacy and planning, and revenue development; and
WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year
shall be adopted by the Mayor and City Commission; and
WHEREAS, accordingly, the CAC recommends a $1,855,000 budget allocation for FY
2026 to continue implementation of its programs;and
WHEREAS, from January 6, 2025 through June 5, 2025, the Cultural Affairs staff and the
CAC conducted its application and review pr�cess for its FY 2026 Cultural Arts Grant Programs;
and
Docusign Envelope ID�8FEBC4C4-7832-8365-818C-8DD4BB21D342
WHEREAS, grants panelists, comprised of the CAC members, yielded 61 viable
applications; and
WHEREAS, the CAC, at its regular meeting on July 3, 2025, reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$1,040,424 for FY 2026, as more specifically identified in the "Recommended FY 2026 Funding"
column in Exhibit"D," attached hereto; and
WHEREAS, the City Manager has reviewed the recommended Cultural Arts awards and
concurs with same; and
WHEREAS, the Miami Beach Visitor and Convention Authority (MBVCA) was created
pursuant to Chapter 67-930 of the Laws of Florida, and Sections 102-246 through 102-254 of the
Code af the City af Miami Beach; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission; and
WHEREAS, the MBVCA has recommended approval of the work plan and budget for FY
2026, in the amount of$3,794,000,to continue implementation of its programs as shown in Exhibit
�,E �,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY QF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby adopts, as amended at the second public
hearing on September 30, 2025,the�nal budgets for the General, G.O. Debt Service, Ciry Center
RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and
Special Revenue Funds for FY 2d26 as reflected in Composite Exhibit "A" (Total Revenues by
Fund and Major Category and Expenditures by Fund and Department), Exhibit "B" (Confiscation
Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Cultural Arts
Council Grants), and Exhibit"E" (MBVCA); and further, waives the City's established policy of not
utilizing one-time, non-recurring revenue to fund recurring costs for the Building, Sanitation, and
Sustainability Funds.
PASSED AND ADOPTED this� day A€�P�''�8&l'l, 2025.
ATTEST: ,/� '
/ C.�c�.'
� , .�
� � Steven Meiner, Mayor
Ra ael E. G nado, City Clerk
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= ��`"'�'�•�'�"'"`. ": APPROVED AS TO
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8 FOR EXECUTION
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omey Date
Docusign Env�lo!�e ID:8FEBC4C4-7832-8365-818C-8DD46621 D342
MIAMI BEACH
� The Rhythm Foundation-Arts in the Parks and North Beach Social Programming
The Rhythm Foundation,Inc. Tourism and Culture Department
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-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grent agreements with the City as the grantor x Type 8-Other:
The City of Miami Beach owns the historic Miami Beach Bandshell and,through a Management Agreement extended through 2028,
has designated Event Organizer to operate,program,schedule,and maintain the facility,including coordination of City-funded capital
improvements and compliance with reporting and perFormance standards. Under this partnership, Event Organizer has delivered
diverse cultural programming—such as North Beach Social and Arts in the Parks—that provides free,accessible arts experiences for
residents and visitors and reinforces the City's commitment to cultural enrichment,civic pride,and the activation of public spaces.
This agreement formalizes the ongoing cultural programming that Event Organizer has been providing at the Bandshell and that the
City has historically supported through its operating budget, ensuring continued aiignment, accountability, and funding for these
community-serving initiatives.The funding for this programming is$25,000 for Arts in the Parks and$15,000 for North Beach Social
budgeted in the FY 2026 General Fund Operating budget.
One(1)time N/A One(1)time
Grant Funded: Yes No State Federal Other:
Initial
1 $40,000 011-0380-000349-25-406-548-00-00-00- ves x No a�
Z 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 operating budget.
City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2025-33945 R7 B 9/30/2025
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
DocuSi ned 6 :
Budget: ��. I - �llb �L . ,� Information Technology: N/A
�x.a. v1T ��ui
920B4A610EE7463_.
Risk Management: N/A � Fleet&Facilities: N/A
i
Human Resources: N/A Other: N/A