HomeMy WebLinkAboutSponsorship Agreement between the CMB and The Rythm Foundation, Inc. for Arts in the Parks and North Beach Social202,E ^ 3 3 y�-
SPONSORSHIP AGREEMENT
THE RHYTHM FOUNDATION PROGRAMMING
ARTS IN THE PARKS AND NORTH BEACH SOCIAL
THIS RHYTHM FOUNDATION PROGRAMMING - SPON OR H P AGREEMENT (the
"Agreement") is made and entered into this -day of �- 026, with an effective
date of October 1, 2025 ("Effective Date"), by and between the City of Miami Beach, Florida, a
Florida municipal corporation, with offices at 1700 Convention Center Drive, Miami Beach,
Florida 33139 (the "City"), and THE RHYTHM FOUNDATION, INC., a Florida not -for -profit
corporation, whose address is 7275 Collins Ave, Miami Beach, Florida 33141 ('Event
Organizer").
WITNESSETH:
WHEREAS, the City owns the Miami Beach Bandshell, a historic cultural facility located
in North Beach;
WHEREAS, the City entered into a Management Agreement (the "Management
Agreement") with Event Organizer, a nonprofit cultural organization, granting it responsibility for
the day -today operation, programming, and scheduling of the Miami Beach Bandshell, including
concerts, festivals, civic events, and community programming;
WHEREAS, under the Management Agreement, Event Organizer is tasked with
maintaining the facility, coordinating City -funded capital improvements, complying with reporting
and performance standards, and sustaining operations through a combination of City support
and earned revenues, with the Management Agreement extended through 2028 to ensure
continuity of cultural stewardship;
WHEREAS, Event Organizer has successfully managed the Bandshell by presenting
diverse cultural programming, concerts, and community events that serve both residents and
visitors;
WHEREAS, the Bandshell hosts North Beach Social, a monthly community program that
features live music, dancing, and cultural exchange, offered free of charge to residents and
visitors as part of the City's commitment to accessible arts programming;
WHEREAS, the Bandshell also serves as a venue for Arts in the Parks (together with
North Beach Social, individually and/or collectively, as the context may require, the `Event"), a
City of Miami Beach initiative that provides free, family -friendly cultural programming in public
spaces, thereby expanding access to the arts and fostering community engagement;
WHEREAS, these programs, in partnership with Event Organizer, exemplify the City's
dedication to cultural enrichment, civic pride, and the activation of public spaces for the benefit
of the community; and
WHEREAS, the continuation of such programming ensures that the Bandshell remains a
vibrant hub for cultural life in Miami Beach, attracting diverse audiences and strengthening the
City's reputation as an international arts destination.
NOW, THEREFORE, in consideration of the mutual promises and covenants made herein,
City and Event Organizer agree as follows:
C*
Recitals. The above recitals are true and correct and are incorporated by reference
herein.
2. Term. The term of this Agreement (the "Term") will commence on the Effective Date set forth
above, and shall expire following the conclusion of the Event and Event Organizer's
completion of all of its obligations hereunder, unless terminated earlier in accordance with
this Agreement.
Event. Event Organizer shall be solely responsible for producing and promoting all aspects
of the Event, including securing 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 "North Beach Social" and "Arts on the Parks." 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 obligation to fund subsequent Events.
Event Organizer shall be responsible for any and all compensation that may be due to any
and all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors,
and participants, and the City shall have no such responsibility, obligation, or liability, The
City shall not be responsible or liable to competitors for prize money payments, or to any third
party for any aspect of the production of the Event, Further, the City shall not be a party to
any independent contracts that the Event Organizer may enter into with other organizations,
contractors, or participants in the Event and/or supporting activities, nor shall the City be
liable to such third parties. Event Organizer shall not represent that it is an agent, official,
authorized representative, or employee of City.
4. Sponsorship Funding. Subject to Event Organizer's compliance with its obligations under 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 $25,000.00 for Arts in the Parks programming and $15,000 00 for
North Beach Social programming; provided, however, that no more than fifteen percent (15%)
of the City's total sponsorship contribution for each Event may be disbursed in advance of
the applicable Event. All remaining cash contributions shall be made on a reimbursement
basis, following (i) the conclusion of the applicable Event, (ii) the City's receipt and approval
of production development 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. Warranties, Event Organizer warrants and represents that it has all necessary rights,
authority, licenses and permits necessary to enter into this Agreement, to grant the rights
and licenses herein granted, and to carry out its responsibilities as set forth herein. Event
Organizer shall utilize the sponsorship benefits to conduct and operate the Event in a safe
and respectful manner, in accordance with all applicable laws, and without endangering
others or violating their rights.
6. Sponsorship 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 in Exhibit A, attached
hereto and incorporated herein.
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7. Public Benefit Program. Event Organizer shall provide a public benefit program (the "Public
Benefit Program") to be made available to City of Miami Beach residents. the Event's Public
Benefit Program shall include the following, wherever permissible and applicable within the
Event footprint:
The Arts in the Parks and North Beach Social programming are free to the public.
Public benefit notwithstanding, this clause does not preclude Event Organizer from soliciting
voluntary donations from the public to support the programs.
8. Final Report. The Event Organizer must provide, within 30 days of the completion of the
Event, a final report (the "Final Report") detailing the following:
• Event outcomes including, without limitation, event attendance figures with proven
method of collection, media impressions generated by the event, photos and videos of
the event;
• The implementation of the Public Benefit Program, including statistics relating to
approximately how many residents, seniors, and children were served, and how this
program was marketed and communicated to the residents;
• All supporting documentation required under Section 4 for the payment of the cash
sponsorship; and
• Vendor and community feedback.
9. Sponsorship 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
applicable):
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 print and/or
electronic publications in a manner 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 materials shall be subject to the approval of the City Manager's
designee prior to dissemination.
The City and Event Organizer 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"). Once the City has provided written
approval of the Approved Templates, 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 review or approval by the City.
Any promotional or marketing materials that do not conform to the Approved Templates,
or that involve new or materially 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 logos or marks from any materials at any time and for any reason.
This section shall survive the expiration of the Agreement.
B. Live announcement(s) during the event by emcee.
C. Operate within the requirements of all City of Miami Beach existing sponsorships,
including the non-alcoholic pouring rights agreement with PepsiCo who is granted
exclusivity in ALL non-alcoholic beverage categories with the exception of hot tea,
dispensed hot coffee and hot cocoa, and Red Bull who is granted exclusivity in the energy
drink category. As well, all soda and water must be served in non -plastic containers.
D. The programs covered under this Agreement are free and open to the public, with no
tickets available for sale. Notwithstanding the foregoing, the Event Organizer may, for
operational. logistical, or planning purposes, request that attendees submit a
complimentary RSVP. Submission of such an RSVP shall be entirely voluntary, and no
patron shall be denied admission to the Event on the basis of declining to provide an
RSVP.
E. No press releases, public announcements or public disclosures relating to 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 marks upon the expiration
of the Term unless expressly authorized in writing by the City. Additionally, the City
reserves the right to require the removal of its logo/marks from any promotional materials
at any time and for any reason. This paragraph shall survive the expiration of this
Agreement.
As 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
of the Approved Templates, 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 review or approval by the City.
Any promotional or marketing materials that do not conform to the Approved Templates,
or that involve new or materially 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 logos or marks from any materials at any time and for any reason.
This section shall survive the expiration of the Agreement.
10. Event Organizer is Responsible for the Following:
A. Event Organizer shall arrange for vendor concessions inside the enclosed area of the
Event Site. All sales of soft drinks or other beverages must be in compliance with the
City's beverage contract. Event Organizer will collect all proceeds from Event
concessions. City shall have no responsibility, obligation or liability relating 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.
ME
Event Organizer hereby agrees and acknowledges 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 polystyrene food service articles (as
defined in City 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 terms 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 poor to receipt by Event Organizer.
Additionally, Event Organizer agrees and acknowledges that, pursuant to Section 82-
8 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 single -use plastic beverage straws or
single -use plastic stirrers (as defined in City Code Section 82-8) within the Event Site
or otherwise in 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 offering the use of, a single -use plastic beverage straw or single -use
plastic stirrer 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.
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 single -use plastic stirrer 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 above, the
provisions in Section 46-92(c) that pertain to single -use plastic beverage straws and
single -use plastic stirrers shall not apply to a person or patron with a disability or
medical condition that impairs the consumption of beverages without a single -use
plastic beverage straw or single -use plastic 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 prohibition 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 solely responsible for handling all issues relating to the media vendors.
C. Event Organizer shall retain any and all rights to the Event, including any rights
associated with Event -related apparel and/or product sales.
D. Event Organizer 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 Organizer's implementation of the Event. Event
Organizer 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 right 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 as MBTV. This section shall survive the termination or expiration of
this Agreement.
F. Event Organizer shall purchase and obtain all required Event Insurance policies for
General Liability coverage in the amount of at least $1,000,000.00 General Aggregate;
$1,000,000.00 Products/Completed Operations; $1,000,000.00 Personal and
Advertising Injury; at $1,000,000.00 per occurrence, covering City, and all participants,
no later than 10 days prior to the Event, and Event Organizer shall provide a Certificate
of Insurance evidencing such coverage to the City's Risk Manager. Event Organizer shall
also provide liquor liability insurance, in the amount of $1,000,000.00, and Host liquor
liability insurance, in the amount $1,000,000.00.
The above policies shall cover the City, and all participants, no later than 10 days prior
to the Event. Event Organizer shall provide a Certificate of Insurance evidencing such
coverage to the City's Risk Manager no later than 10 days prior to the Event. All
insurance policies shall name City as additional insured and Certificate Holder, as
follows:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 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 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 shall 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 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 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 Organizer. 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 by Event Organizer to comply with any provision of the City
Code applicable to Event Organizer, or any breach or default 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 considered an event of Default (as such term is defined more fully below),
in which 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 reason of an Event
Organizer's breach or failure to comply with said obligations.
H. Event Organizer shall indemnify and hold harmless the City 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,
attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death, or loss 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
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, principals 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 and shall investigate and defend all claims, suits, or actions of any kind or
nature in the name of the City, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Event
Organizer expressly understands and agrees that any insurance protection required by
this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth
herein, to indemnify, hold harmless, and defend the City or its officers, employees,
agents, and contractors as herein provided.
11. Events of Default. Termination of Agreement for Cause and Remedies.
A. The following shall constitute events of default:
i. Any material misrepresentation, written or oral, made by Event Organizer 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. 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 City,
operate as an automatic forfeiture of any rights or benefits conferred under this
Agreement, and accordingly, City reserves the right to revoke the fee waivers,
discontinue the funding provided for herein, or request the return 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 termination 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. Assignment. 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 hereunder.
13. Audit and Inspections. Event Organizer shall keep accurate and complete books and records
of all receipts and expenditures relating to this Agreement, in accordance with generally
accepted accounting principles, 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 (and/or its designated representatives) reasonable access to its files, records and
personnel during regular business hours for the purpose of making financial audits,
evaluations or verifications, program evaluations, or other verifications concerning this
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Agreement, as the City deems necessary. Furthermore, the City may, at its expense, audit or
have audited, all the financial records of the Event Organizer related to this Event.
14. CitVs Right to Suspend Activities or Remove Persons from Event Site. The City Manager shall
have the authority 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
activities may be or are detrimental to the public or to the City, or if the City has reason to believe
any law or ordinance is being violated by Event Organizer, its agents or employees. The City
reserves the right through the City Manager, to suspend or terminate use of the Event Site if
visitors become unruly, and to reject any sponsor, presentation, material or item which is or may
be, in the sole opinion of the City Manager, hazardous, offensive, immoral or disparaging to the
image of the City, or to any person or group of persons. The decision of the City Manager in such
regard shall be final, binding, and conclusive.
15. Termination for Convenience.
A. The Event Organizer may conduct the Event for the Term of this Agreement, unless the City
Manager decides to terminate the Event, at the City Manager's sole and absolute discretion,
for any reason or no reason whatsoever, for the convenience of the City. The City Manager
shall notify the Event Organizer, in writing, of the City's termination 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 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 registered United States mail, with return receipt requested, addressed to the party
for whom it is 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:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
EVENT ORGANIZER:
The Rhythm Foundation, Inc.
PO Box 414625
Miami Beach, FL 33141
17. Inspector General Audit Rights.
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of Event Organizer, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to Event Organizer, Event Organizer shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of Event Organizer
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and records
in Event Organizer's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back -change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
E. Event Organizer shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, Event Organizer shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. Event Organizer shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
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F. The provisions in this section shall apply to Event Organizer, its officers, agents,
employees, subcontractors and suppliers. Event Organizer shall incorporate the
Provisions in this section in all subcontracts and all other agreements executed by Event
Organizer in connection with the performance of this Agreement.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by Event Organizer or third parties.
1 S. Event Organizer's Compliance with Florida Public Records Law.
A. Event Organizer shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time
B. The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if Event Organizer meets the
definition of "Contractor" as defined in Section 119.0701(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 City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law, for
the duration of the contract term and following completion of the Agreement if Event
Organizer 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 keep 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 records that are exempt or confidential and exempt from public
records disclosure requirements. 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
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
D. Request For Records: Noncompliance.
1. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shalt 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.
ORA
2. Event Organizer's failure to comply with the City's request for records shall
constitute a breach of this Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2) avail itself of the remedies set forth
under the Agreement; and/or (3) avail itself of any available remedies at law or in
equity.
3. Event Organizer who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 11.9.110.
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, including
reasonable attomeys' fees, if:
a. The court determines that Event Organizer unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that Event
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 custodian 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 notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
3. Event Organizer who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement.
F. IF 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
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMI BEACH FL.GOV
PHONE: 305-673-7411
19. E-Verify.
A. Event Organizer shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-
Verify Statute, commencing on January 1, 2021, Event Organizer shall register with and
use the E-Verify system to verify the work authorization status of all newly hired employees
during the Term of the Agreement, provide an affidavit stating that Event Organizer does
not employ, contract with, or subcontract with an unauthorized alien, or, upon the City's
written request, otherwise demonstrate Event Organizer's compliance with Section
448.095 as described therein. Additionally, Event Organizer shall expressly require any
subcontractor performing work or providing services pursuant to the Agreement to utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract Term, as
applicable. If Event Organizer enters into a contract with an approved subcontractor, the
subcontractor must provide Event Organizer with an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthonzed alien. Event Organizer
shall maintain a copy of such affidavit for the duration of the Agreement or such other
extended period as may be required under this Agreement.
B. Termination Rights.
1. If the City has a good faith belief that Event Organizer has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Event
Organizer for cause, and the City shall thereafter have or owe no further obligation or
liability to Event Organizer.
2. If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing 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
failure to terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate Event Organizer's contract for cause.
3. A contract terminated under the foregoing Subsection (13)(1) or (13)(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 Court to challenge a termination under the foregoing Subsection (13)(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 (13)(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
termination of this Agreement under this Section.
20. No Discrimination. Event Organizer also accepts and agrees to comply with the following
Special Conditions:
A. Event Organizer 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 basis of race, color,
national origin, handicap, or sex.
B. Event Organizer hereby agrees that it will comply 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, prohibiting discrimination in employment (including independent contractors),
housing, public accommodations, 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, marital and familial status, age,
0
disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status,
labor organization membership, familial situation, or political affiliation.
C. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA)
to remove barriers, which prevents qualified individuals with disabilities from enjoying the
same employment opportunities that are available to persons without disabilities.
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504
and prohibits discrimination on the basis of disability and requires that sponsorship
recipients provide equal access and equal opportunity and services without discrimination
on the basis of any disability.
21. Event Organizer's Compliance with Anti -Human Trafficking Laws, Event Organizer agrees to
comply with Section 787,06, Florida Statutes, as may be amended from time to time, and has
executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with
anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of
which is attached hereto as Exhibit B.
22. Prohibition on Contracting with a Business Engaging 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 in, and for the
duration of the Agreement, will not engage in a boycott of Israel.
23. Prohibition On Contracting With An Individual Or Entity Which Has Performed Services For
Compensation To A Candidate For City Elected Office, Event Organizer warrants and
represents that, within two (2) years prior to the effective date of the Agreement, Event
Organizer 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 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 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 individual or entity in the ordinary course 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.
C, Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
24. Prohibition Against Contracting With Foreign Countries Of Concern When An Individual's
Personal Identifying Information May 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 bid on, a proposal
for, or a reply to, or enter into, a contract with an entity which would grant the entity access
to an individual's personal identifying information (PII), unless the entity provides the
governmental entity with an affidavit signed by an officer or representative of the entity under
penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs
2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a
foreign country of concern; (b) the government of a foreign country of concern has a
controlling interest in the entity; or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern (each a "Prohibited Entity"). A
foreign country of concern is defined in Section 287.138 (1)(c), Florida 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 Nicolas Maduro, or the Syrian Arab Republic, including any
agency of or any other entity of significant control of such foreign country of concern.
Additionally, beginning July 1, 2025, a governmental entity may not 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 authorized
representative of Event Organizer to execute the "Prohibition Against Contracting with
Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and
attached hereto as Exhibit B.
25. Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements. As
required by Section 2-3775.2 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 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 Antidiscrimination Requirements, ,a copy of which is attached hereto as Exhibit B and
incorporated herein.
27. Entire Agreement. This Agreement shall constitute the entire agreement between the parties,
and supersedes all prior negotiations, representations, or agreements either written or oral.
No warranties, inducements, considerations, promises or other references shall be implied or
impressed upon this Agreement that are not expressly addressed herein.
28. Governing Law and Attoney's Fees. This Agreement shall be construed in accordance with
the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County,
Florida, and if legal action is necessary by either party with respect to the enforcement of any
or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie
in Miami -Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CITY AND
EVENT ORGANIZER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO
A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT. 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 and/or
appeal, if any.
29. Scope. 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 Agency. Event Organizer agrees that nothing herein contained is intended
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
4
represent to any third party that it is acting as an agent, representative or on behalf of City for
any purpose or in any manner whatsoever.
31. Amendment. No modification, amendment or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed by the parties
hereto, with the same formality and of equal dignity herewith.
32. Extent of Agreement. This Agreement represents the entire and integrated Agreement
between City and Event Organizer and supersedes all prior negotiations, representations, or
agreements either written or oral.
33. Corporate Status: This Agreement shall automatically terminate if, within thirty (30) days from
execution of this Agreement, Event Organizer does not provide the City with proper
documentation evidencing that Event Organizer is registered to do business in the State of Florida.
The remainder of this page Is intentionally left blank.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
FOR THE CITY:
ATTEST:
Rafael E. Gran do. City Clerk
MAY 0 5 2026
N[ORPJORAT
Date
FOR EVENT ORGANIZER:
ATTEST:
f
�tness Signature
CITY OF MIAMI BEACH, FLORIDA
f
By: _ -
Eric T. Carpenter, ity Manager
THE RHYTHM FOUNDATION, INC.
f�
By: K
ut oriz Signa ry
Print Name/Title Print l�
ilt
.4 1 2G2
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r�
{ City Attorney Date
EXHIBIT A
SPONSORSHIP/MARKETING BENEFITS:
o Should the name not appear in the logo lockup, the Event must recognize the City of Miami Beach
as a top tier partner in all announcements, posts, coverage and other, where event name is used.
o City name recognition/logo to be prominently displayed on promotional materials including press
releases, and 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 marketing material, shall be made public
by the Event Organizer without the prior written consent of the City. The City and Event Organizer
shall collaborate in good faith to develop Approved Templates. Once the City has provided written
approval of the Approved Templates, 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 review or approval by the City. Any promotional or
marketing materials that do not conform to the Approved Templates, or that involve new or
materially 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 logos or marks
from any materials at any time and for any reason. This section shall survive the expiration of the
Agreement.
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 shall offer the City an opportunity 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 City shall have the right to station two (2) photographers 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 Marketing and Communications staff who
will be working the event. City to provide a confirmed list of individual names no later than seven
(7) days before the Event date.
o Event Organizer shall tag @miamibeachnews (IG, Twitter) or @CityofMiamiBeachGovemment
(FB) in all social media posts
o Event Organizer shall promote the Event on all Event Organizer 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 recognitioMogo on step & repeat banners.
IS
EXHIBIT B
CITY'S AFFIDAVITS AND CERTIFICATIONS
This Exhibit includes affidavits and certifications required under applicable Florida law and the
Code of the City of Miami Beach in connection with the execution and administration of this
Agreement. To ensure acknowledgment and understanding of each requirement, the Event
Organizer shall initial each section included in this Exhibit. The act of initialing confirms the Event
Organizer's review of, and agreement to, the statements contained therein. The Event Organizer
shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and
accuracy of all initialed statements.
This Exhibit must be completed by a person authorized to make the following attestations on
behalf of Event Organizer:
Initials
In accordance with Section 787.06(13), Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Event Organizer, hereby attests under penalty of perjury that Event
Organizer does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes, entitled "Human Trafficking".
Initials
In accordance with Section 287.138, Florida Statutes, 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(ar(c) of Section 287.138,
Florida Statutes: (a) Event Organizer is owned by a government of a foreign country of concern;
(b) the government of a foreign country of concern has a controlling interest in Event Organizer;
or (c) Event Organizer is organized under the laws of or has its principal place of business in a
foreign country of concern.
Initials)
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 not engage in a boycott of Israel, antisemitic
discrimination or antisemitic speech in conjunction with the Event.
Initials 4
In accordance with Section 2-375.3 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, and affirms that Event Organizer will not engage in
discrimination based upon any classification category as set forth In Section 62-31 of the City
Code in conjunction with the Event.
[SIGNATURE PAGE FOLLOWS]
SIGNATURE AND NOTARIZATION
BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS
AND CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHIBIT.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a
false statement may include fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Event Organizer:
EVENT ORGANIZER:
THE RHYr4M FOUNDATION, INC., a Florida not -for -profit corporation.
cti,tee/
oia4ofhoriz Representative (Address) �—
NameTtle: Illoezv
State of lrlrf" t dal -
County of f"11 G011 DQCAC,
The foregoing instrument was ackn,5 ledged before me by means of 6Yphysical presence or ❑
online notarization, this day of flop i A. 202L by
dcy- 1 Gonu70— as C�C�l+i ve ( DiCec+o( of THE RHYTHM
FOUNDATION, INC., a Florida not -for -profit corporation, known to me to be the person described
herein, or who produced rive V 11 C'LnSe- as identification, and who did/did
not take an oath.
NOTARY PUBLIC:
rc�
( ature)
'�,(woiocl K a'kollctS
(Punt Name)
My commission expires: Z 65,
Notary Public 4tsta of Florida ,
Sabrina K Cabanas
My Commission Ji� '
III H11279466 t
EXp. W22/2026
w
Docusign Envelope ID 8FEBC4C4-7832-8365-818C-8DD4BB21D342
2025-33945
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, CITY CENTER RDA AD VALOREM TAXES,
NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL
SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2026.
WHEREAS, the City Manager's total final 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 for 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 $1,693,000, 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 Commission would need to waive the City's established policy of
not utilizing one-time, non -recurring revenue to fund recurring personnel; operating, and
maintenance costs; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust
Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscated Trust Fund are
authorized to be used for crime prevention, safe neighborhoods, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds following a request to
the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "B") which states that this request complies with the provisions
Docusign Envelope ID: 8FEBC4C4-7832-8365-818C-8DD4BB21D342
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
$143,000 shall be funded from State Confiscation Funds in the amount of $71,000 and Federal
Treasury and Justice Confiscation Funds in the amount of $72,000, as reflected in the attached
Exhibit "B"; and
WHEREAS, funds in the amount of $143,000 are available in the Police Confiscation Trust
Funds; and
WHEREAS, the City of Miami Beach is authorized to assess $2.00 from court costs for
criminal proceedings for expenditures for Criminal Justice Education degree programs and
training courses for officers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes; and
WHEREAS, the Police Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes, in the amount of $29,000, as reflected in the attached Exhibit "C";
and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "C") which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Florida Statutes and the guidelines established by the
Division of Criminal Justice Standards and Training; and
WHEREAS, the City of Miami Beach Police Department intends to utilize the $29,000 for
those purposes as authorized pursuant to Section 938.15 of the Florida for education degree
programs and training courses for officers and support personnel of the Miami Beach Police
Department; and
WHEREAS, the Miami Beach Cultural Arts Council (CAC) was established by the Mayor
and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and
performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of the residents of, and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on
June 3, 1998, identifying the following program areas for the CAC: cultural arts grants, marketing,
facilities, advocacy and planning, and revenue development; and
WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year
shall be adopted by the Mayor and City Commission; and
WHEREAS, accordingly, the CAC recommends a $1,855,000 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 process 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 of the City of Miami Beach; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission; and
WHEREAS, the MBVCA has recommended approval of the work plan and budget for FY
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 OF 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 final budgets for the General, G.O. Debt Service, City Center
RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and
Special Revenue Funds for FY 2026 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 b R9_MPiBr-rl 2025.
ATTEST:
l� 1CT Q 7 ?0?,5
{
Ra aef I E. G nado, City Clerk
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I of ZI Paz s--
Date
Docusign Envelope ID: 8FEBC4C4-7832-8365-818C-8DD4BB21 D342
MIAMIBEACH
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 - Grant 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 alignment, 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: I I Yes I I No I I State I I Federal I I Other:
IF
al
Year • • • t_
1 $40,000 011-0380-000349-25-406-548-00-00-00- Yes x No
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
City Commission Approved:
x
I 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:
Compliance Approvals
Procurement: N/A
Grants: N/A
DocuSi ned 6
Budget:
ON U�L
Information Technology:
N/A
92084A610EE1463...
Risk Management:
N/A
Fleet & Facilities:
N/A
Human Resources:
N/A
Other:
N/A