HomeMy WebLinkAbout2026 Ocean Drive Promenande Music Series Sponsorship AgreementDwusign Envelops ID: 591`10DElJC43-11E538209-1ECCA62551EB -� 12 Q,
2026 OCEAN DRIVE PROMENADE MUSIC SERIES
SPONSORSHIP AGREEMENT
THIS SPONSORSHIP AGREEMENT (the 'Agreement") is made and entered into this 23"'day or
itv v\ F , 2026. with an effective date of October 1, 2025 ("Effective Date') by and between
the Cay of Miami Beach, Florida, a Florida municipal corporation, with o0lces at 1700 Convention Center
Drive, Miami Beach, Florida 33139 (the 'City'), and Ocean Drive Improvement Association, Inc., a
Florida not -for -profit corporation, whose address is 760 Ocean Drive, Miami Beach, Florida, 33139
('Event Organizer").
WITNESSETH:
WHEREAS, the City desires to sponsor Event Organizer's "Ocean Drive Promenade Music
Series' (the "Event"), as more particularly described in Exhibit A, attached hereto and incorporated
herein by reference'.
WHEREAS, the Event is a special event registered with the City under Special Events permit
number SPE0925-2153 (the "Special Events Permit'). and will take place on Sundays from October 1,
2025 through September 30, 2026. in the Ocean Drive Promenade, between 141h Street and 14th Place
and Ocean Drive (the "Event Site'). as depicted in Exhibit "A-1," attached hereto and incorporated herein
by reference',
WHEREAS, Event Organizer shall produce, promote, and host the Event at the Event Site; and
WHEREAS, on September 30, 2025, the Mayor and City Commission adopted the Ciys FV 2026
operating budget that Included $1 DO,450 to fund the Event, requiring the Event Organizer to include a
final report depicting audience attendance and demographics for this Event, and to secure a 1:1 match
for future funding requests.
NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, City
and Event Organizer agree as follows:
1. Recitals The above recitals are true and correct and are incorporated by reference herein.
2. Term. The term of this Agreement (the "Tenn") will oommence on the Effective Date set forth above
and shall expire following the conclusion of the Event and Event Organizers completion of all of its
obligations hereunder, unless terminated earlier In accordance with this Agreement.
3. 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 the
•Ocean Drive Promenade Music Series 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.
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0. 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 an
amount not to exceed $100.450. The sponsorship funding shall be disbursed in accordance with the
following schedule. (a) the initial $50,225 to be paid upon the execution of the Agreement: antl (b)
the remaining $50,225 to be paid on a reimbursement basis, only once the following conditions have
been met (a) the Event has concluded (b) the City's receipt and approval of production development
materials and required supporting documentation (e.ginvoices, canceled checks and photographs)
demonstrating that Event Organizer has actually incurred such third -party expenses, and (III) Event
Organizers submission, and the City's acceptance, of the 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/benefils set forth in Section
9 of this Agreement and in Exhibit B, attached hereto and incorporated herein.
7. Public Benefit Program. Event Organizer shall provide a public benefit program (tne'Pubbc Benefit
Program') to be made available to City of Miami Beach residents. The Event's Public Benefit
Program shall include the following, whatever permissible and applicable within the Event foctpnnt.
All Ocean Drive Promenade Music Series events are free to the public.
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:
• Submission of satisfactory invoices and documentation substantiating satisfactory completion
of the portion of the Services for which payment is requested, upon City's acceptance of said
portion of Services.
• Written progress report, with a narrative discussion of all activities in progress dunng the report
period and projected programmatic activities, including photo and video documentation, where
appropriate, and
• All supporting documentation required under Section 4 for the payment of the cash
sponsorship.
9. Sponsorship Reguirements.
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 antl 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 andlor 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.
B. Live announcement(s) during the event by emcee.
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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. All complimentary tickets provided by an eventlevent producer shall be consistent with
the City Commission established policy for the distribution of tickets and the City's
Administrative Guidelines for Distribution of any tickets and must be sent to the attention of
the Director of the Tourism and Culture Department, located at 1755 Meridian Avenue — 51"
Floor, Miami Beach. FL 33139,
E. No press releases, public announcements or public disclosures relating to this sponsorship or
its subject matter, including but not limited to promotional or marketing material, shall be made
public by Event Organizer without the prior written consent of the City. Event Organizer shell
cease using all logos or other City marks upon the expiration of the Term. Additionally, the
City reserves the right to require the removal of its logolmarks from any promotional materials
at any time and for any reason. This paragraph shall survive the expiration of this Agreement.
10, Event Organizer is Responsible for the Follown
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
contrail. 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.
1. 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 prior to receipt by Event Organizer.
2. 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.
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
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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 strews 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 stiaers shall riot 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 a use of expanded polystyrene food service articles, single use plastic
beverage straws, and single -use plastic stirrers.
S. Event Organizer shalt 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 nonexclusive 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 taws of the State of Florida and the City of Miami Beach
Code of Ordinances ("City Codi and shall comply with any federal, state, county or City Code
requirement applicable to Event Organizer or to the Event Organizers 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
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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 terns of this
Agreement by reason of an Event Organizer's breach or failure to comply with said obligations.
H. Event Organizer shall indemnity 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 ofthis 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 -parry's existing copyrights, trademarks, trade names, or other intellectual property or
proprietary rights. Event Organizer shalt pay all claims and losses in connection therewith and
shall investigate and defend all claims, suns, 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 shell 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.
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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 Agreement, as the City deems necessary.
Furthermore, the Gty may, at its expense. audit or have audited, all the financial records of the Event
Organizer related to this Event.
14. Gtv's Riaht to Suspend Activdies 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 Managers sole judgment and discretion, such activities may be or are
detrimental to the public or to the City. or 6 the City has reason to believe any law or ordinance is being
violated oy 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 rated any
sponsor, presentation, material or Rem 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 shalt be final, binding, and condusive.
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 wham it is
intended at the place designated below and the place so designated shall remain such until they shall
have been charged by written notice in compliance with the provisions of this section. For the present,
the parties designate the following as the respective places fa giving notice.
CITY.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
EVENT ORGANIZER:
Ocean Drive Improvement Association, Inc.
760 Ocean Drive
Miami Beach, Florida, 33139
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17. Inspector General Audit Riohts
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 sald
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 lime, 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/proposap 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 cashtrade 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 reproductionuntil 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 addi[ron.
If this Agreement is completely or partially terminated, Event Organizer shall make
available records relating to the work terminated until three (31 years after any resulting
final termination settlement, and
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.
18. 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 tone,
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 Na), 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 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.
2. Event Organizers 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 AgreentenC
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
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time may be subject to penalties under s. 119 1
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 attorneys' fees, if.
a The court determines that Event Organizer unlawfully refused to comply with the
public records request within a reasonable time. and
to. At least 8 business days before filing the actionthe 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 Organizers 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
i 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@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
19. E-Verifv.
A. Event Organizer shall comply with Section "It 095, Florida Statutes, "Employment Eligibility"
("E-Verfy 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 verity the work authonzation 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 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-Verity 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 unauthorized alien. Event
Organizer shall maintain a copy of such affidavit for the duration of the Agreement or such other
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extended period as may be required under this Agreement.
B. Termination Righta.
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 (B)(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 (B)(1) or (Bg2) no later than
20 calendar days after the date on which the contract was terminatetl.
5. If the City terminates the Agreement with Event Organizer untler 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 Specie.
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 at 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, 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 bass of disability and requires that sponsorship reciplents provide
equal access and equal opportunity and services without discrimination on the bass of any
disability.
21 Event Oroanlzer'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 C.
10
Decusipn Envelope ID: 59F10DE1-3Cd3-8E5b820. 1ECCA62551EB
22 Prohibition on Contracting with a Business Engaoing in a Bovoott. 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.
23. Compliance with Section 2.375.1 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.
24. Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements. As required by
Section 2-375.2 of the City Code, Event Organizer has executed the Cendication of Compliance
with Antidiscrimination and Ana -Boycott Requirements, a copy of which is attached hereto as Exhibit
C and incorporated herein.
25. 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 C and incorporated
herein.
26. Prohibition On Contracting With An Individual Or Entity Which Has Performed Services For
0}.1
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 internal service providers, printing companies, event venues, restaurants,
caterers, transportation provitlers, and office supply vendors.
C. Any individual or entity which performs licensed professional services (including for example.
legal or accounting services).
Identifving 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 personal ider itying
information (Pit), 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 cnteria 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 concem each a "Prohibited Entity"). A foreign
country of concern is defined in Section 287.138 If )(c), Florida Statutes, as may be amended from
time to tlme. 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 Synan 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
11
Doonsign Envelope ID: 59F1mDE1-3C4}6E5b6249-1ECCA62551EB
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 C.
27. Entire Apreement This Agreement shall constitute the entire agreement between the parties, and
supersedes all prior negotiations, representations, oragreements either written ordinal. No warranties.
inducements. considerationspromises or other references shall be implied or impressed upon this
Agreement that are not expressly addressed herein
28 Governing Law and Attorneys Fees. This Agreement shall be construed in accordance with the laws
of the Stale 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 andlor 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 nerem 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 represent to any
third party that it 1s 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 Flonda.
The remainder of this page is intentionally left blank
12
Docusign Envelope 10: 59F10DElJC43-eE53-e249-1ECCM2551EB
IN WITNESS WHEREOF, the Parties or their duly authonzed representatives hereby execute this
Agreement on the (late written below.
ATTESTzV
Rafael E. Granado
City Clerk
JUL - 6 2026
ATTEST
Print NemelTtte
CRY OF MIAMI BEACH, FLORIDA
13
IMPROVEMENT ASSOCIATION,
APPROVED AS TO
FORM d LANGUAGE
FOR�N
Ag0ty Attorney v!# Date
Dmusign Envelope ID: 591FIODEI-3C43-BE53-8249-1ECCA62551EB
EXHIBIT A
EVENT DETAILS
OCEAN DRIVE PROMENADE ACTIVATION
CLASSICALJAZZ CONCERT SERIES
Master Permit, FY 2025-2026
Location
Ocean Drive Promenade (and Park): Sundays (d' 5 PM
Perfmmancp from 5 p.m. to 6:30 p.m. unless Otherwise indicated.
Run of Show
Load in at 2 p.m. until 4 p.m. - equipment set up - in vehicles in park
Sound check at 4 p.m. until 5 p.m.
Pcrforma ice at 5 p.m. until 6:30 p.m.
I.tad Out at 6:30 p.m. until 7:30 p.m.
11111117
PERFORMERS
Stefan Zeichner - 5 String Swing
11
Zsch Bartholomew Trio
_
18
as
Febtw _
_
Lucia NtiAez Trio
Agredo Oyall Rodrigo Perez-vI4a
_ _ PERFORMERS
Dankla Patlron & Friends ---�
t
8
~ Victoria Blue -
_
1g
Curtis Lundy Quartet
22
Ben Beal Quartet
M2rlh _ PERFORMERS
_l r— Ada Pasternak _
8�—Narden Projett �~
u
29
limllsbrT;
Till Cohenn Trio
JAHZEL_
PERFORMERS
g --
--- .-_ Nestor Torres Trks
12
DPS/David Archuleta, at al
19_
String DOS
26
_
Melton Mustala JrI Quartet
PERFORMERS
South Beach Chamber Era*n*W
'— 10
Tam Morgan and The NI ht SNh
Palm_emk _
La Vie with the Allen Paul Trle
24
1
Me"sBarrios
J®a1
PERFORMERS
�7
14
L!Nard Rutledge Quintet
eMerdiOian& riends _
Bossa Fusion 71
21
2S
_
Mkml to Mumbat featuring Chao, Sun
.PERFORMERS
14
Docusign Envelope IDWF10DE1-3C438E538249-1ECCA62551EB
S
Opera Concert 1
_
12
Opera Concert 7 _
19 I
—�
_ Chamber Music _
26
Festival Finale
PERFORMERS
,.August—
2
_
Amy Arlo and Almost Blue ~
9
.
Asse lean prene Group __ y
16
tared Dylan
23
Son, Passage Borderless Caribbean
30
Atro Beat All stars
September
PERFORMERS
6
via men Jaz[ Jam featuring 5iempre FSNM
13
Cortadlto
20
Son Guam
27_
vamit and the Vinyl Blvd
boulder
PERFORMERS
;
--rench Horn Collective_
11
Edjar Panto a Quartet
1b
JohnnyWalker_
_.
--4 _ __
26
A Cappella on the beach
Vncenlbcr
-+ PERFORMERS
1
--- -- -_-- DeSean Kirkland
R
Gold Dust Lounge_
1— 15
f—_..
Ny C OPTbPr in
tt
Vknc,d fialla rd World Mu51e_
29
_
ne: Barlaner Band
December
_ _
PERFORMERS
-
6
String Divas Holiday Concert
�. 13
_ _ Festival of Lights
20
Festival of Lights
_
27_
Ramblkg Strkg"M
15
Dmumgn Envtlop ID: 59F18DE1JC438E5bK48IECCAMlEB
EXHIBIT A•1
O(EANDRIW Rt A/A NORM
FY IO?s )0)6
Mastn Vermil 0.eon Urwr 0ranrnadr Musk 4elrs
f r[ry lvndnYhy.rrr /t0yrn. DuYlryhf Savmq+tinrr rhangr sy. m. u: tU R. m.
16
Docusign Envelope ID'. 59F10DE1-3C43-8E53-8249-1 ECCA62551 EB
EXHIBIT B
SPONSORSHIP/MARKETING BENEFITS:
o Event Organizer shall prepare and finalize a robust marketing plan with local and national reach
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 reccgnitioNlogo to be prominently displayed on promotional materials including press
releases, and all printed (stage banners, programs, site stgnage). social and digital collateral.
o No press releases. public announcements or public disclosures relating to this sponsorship or its
subject matterincluding but not limited to promotional or marketing material, shall be made public
by the Event Organizer without the prior written consent of the City.
o The Parties agree not to use the other Party's name or Event names in any promotional
material or public announcement without prior written or oral consent of the other.
o Event Organizer agrees to make every effort to make themselves available for photo calls and/or
interviews with press or broadcasting agents with a minimum of Twenty-four (24) hoursnotice to
any media event.
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 Event Organizer shall provide the City with all video and photography, captured by Event Organizer,
or its designated production team, from the Event, for archival and promotional purposes, and grants
City a non-exclusive license to the City for its use.
o City shall have the right to station two (2) photographers and two (2) video operators within the Event Slier
including in any space dedicated to Event media personnel.
o Event Organizer shall provide the City with up to four (4) VIP tickets (if available) to be contested away On
City owned social media I digital channels.
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 @CityofMmmiBeachGovernment (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 speBi66 spotlight Inslagram posts.
o Event Organizer shall make dedicated City, non -sales specific. spotlight Tweets on Twitter.
o City name recognition/logo on step & repeat banners
17
Docuagn Envelope ID: 59Fl ODE13C43-8E53-820.41ECCA62551 EB
EXHIBIT C
CITY'S AFFIDAVITS AND CERTIFICATIONS
Thus Exhibit includes affidavits and ce nrkabon8 required under apoi cabi, Florida law and the Code of the City of Miami Beach
in connechon with the execution and adrruntstrabon of this Agreement To ensure acknowledgment and understanding of each
requirement. the Event Organizer shall Inibaf each section included in this Exhibit. The act of initialing confirms the Event
Organizers 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 affeming the truth and accuracy of all initialed statements
T' , ' ' ^'ust be completed by a person authorized to mace the following attestations on behalf of Event Organizer
Initials] l
-,'a3n„e h oeccon Jor 13 F coda otarutes ncorXrated'erem by otefence the undersigned on behalf of Event
7rganxier hereby attests under penalty of penury that Event Organizer does not use noomion for labor or services as defined
n Section 787 06 Florida Statutes entitle! I+urran aFckm�
nibals lid)
In accordance with Section 287 138, Flcnda Stables, incorporated herein by reference. the undersigned, on behalf of Event
Organizer, hereby attests under penally of pequry that Event Organizer floes not meet any of the lollovnng cni in Paragraphs
21aj-Icl of Section 287 138, Florida Statutes (a) Event Organizer is owned by agovenmant of a foreign country of concern (b)
the govemment of a foreign country of concern has a controlling n1i in Event nrganrzer or, cl Event Organizer Is organized
under the laws cr c 'as .is principal c ace c.l business in a foralgr--orrrr rr - -�.-
Inem (J1�7
in accordance with Section 2-375.2 of the City Code Icorporaed herein by reference, the uncemgned, on behalf of Event
Organizer hereby attests that Event Organizer will comply with all relevant anbdlscrxninetlon taws. Including the anb-boyco8
Provisions of Section 2.375 1 of the City Code, and affirms that Event Organizer will not engage In a boycott of Israel, anbsemibc
discrimination or antisemitk speech In conjunction with he Even.
Ind iel
In accordance with Section 2-31 c 3 of the Udy Code, incorporated herein by reference. the undersgned, on behalf of Event
Organizer, hereby attests that Event Organizer all comply wltt all relevant anediscnminatlor laws and affirm that Evart Organizer will nor engage in dlscrimtnapon based upon any classification category as set forth in Section 62-31 of the City Code
In conjunction with the Event.
[SIGNATURE PAGE FOLLOWS]
18
Daouaign Envelope to: 59F=E1�E5&92494ECCAU551EB
SIGNATURE AND NOTARIZATION
BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND
CERTIFICATIONS IN SECTIONS 14 OF THIS EXHIBIT.
I understand that I am swearing or affirming under oath. under penalties of perjury, to the truthfulness of the clams
Made in this Exhibit and that the punishment for knowingly making a false statement may include fines and/or
117;x sonment
The mWersigned is authorized to execute the affidavit on Waif of Event Organizer.
EVENT (iAyKEfi—\
vefi_ cietlon, Inc., a Florida not -tor -profit corporation.
Tao OWYI Dllva, SNIEa 9. Islami Boach. Fl. 33130
Name/Title: star
State Of ��oc•,dq
County of uml C�n
The foregoing instrument was acknowledged before me by means of m-physical preserroe or C
online notarization, Ods 23,1 day of ) ,c. h 20212 by
, as of Owen Drive
Improvement Association, Inc., a Florida not•la-profit corpoation, kC~ to me to be the person
described herein, or who produced ,�+ �.. `t��.,.�zJm _ as identification, and
who did/did not take an oath.
NOTA Y B
(Print Name)
My commission expires: I ;1=k
YEW G. ORTEGA
Notary PuNk
Neu of Florlda
Comma 414376067
Explres 3/2W2027
Docusign Enwlap ID: 59NODE1-3C4ME53-5249-1ECCA62551EB
RESOLUTION NO. 2026.34294
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING SPONSORSHIP FUNDING FOR THE
2026 OCEAN DRIVE PROMENADE MUSIC SERIES IN AN AMOUNT NOT TO
EXCEED $100,450; AND FURTHER, AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE A SPONSORSHIP AGREEMENT WITH THE
OCEAN DRIVE IMPROVEMENT ASSOCIATION, INC.
WHEREAS, the 2026 Ocean Drive Promenade Music Series (the "2026 Series") is a free
weekly Sunday afternoon public event; and
WHEREAS, the 2026 Series celebrates, through thoughtful curation, the temporary
Ocean Drive Promenade, builds a community for residents in the Art Deco Cultural District and
amplifies a positive message about Ocean Drive and the Miami Beach community through
musical performances; and
WHEREAS, Ocean Drive Improvement Association, Inc., commonly referred to as the
Ocean Drive Association ("ODA"), as the event organizer, in partnership with the City and the
Greater Miami Convention and Visitors Bureau, features live concerts that showcase jazz and
classical musicians on the Ocean Drive Promenade; and
WHEREAS, on September 17, 2024, the Mayor and City Commission adopted Resolution
No. 2024-33245 approving the ODA's funding request for the FY 2025 Ocean Drive Promenade
Music Series, in an amount not to exceed $100,450.00, authorizing the City Manager to execute
a sponsorship agreement, requiring the ODA to provide a final report depicting audience
attendance and demographics, and requiring that future funding requests for this series include a
1:1 match; and
WHEREAS, the ODA has now requested funding assistance from the City, in the amount
of $100,450.00, for the 2026 Series; and
WHEREAS, funding for the 2026 Series is currently included in the FY 2026 Operating
Budget (on a recurring basis) from the Resort Tax Fund; and
WHEREAS, the City's sponsorship is to be funded from the Resort Tax Fund; and
WHEREAS, the 2026 Series is scheduled to take place every Sunday evening, from
October 1, 2025 through September 30, 2026, in the Ocean Drive Promenade, between 14th
Street and 14th Place on Ocean Drive; and
WHEREAS, the Administration recommends approving the sponsorship and authorizing
the City Manager and City Clerk to enter into a sponsorship agreement with ODA for the 2026
Ocean Drive Promenade Music Series.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve sponsorship funding for the 2026 Ocean Drive Promenade Music
Series in an amount not to exceed $100,450; and further, authorize the City Manager and City
Clerk to finalize and execute a sponsorship agreement with the Ocean Drive Improvement
Association, Inc.
Dwusgn Envelope ID: NF1UDE1-X48 ES1U4 -1ECC 2551EB
PASSED and ADOPTED this .Z04' 2025. 1. t..—.
Steven Meiner, Mayor
ATT
MAY 2 6 2026
Rafael E. Granado, City Clerk we
ilkoRP olmo."
ter
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
rolie/aoz ,
City Attomey W-W Data
Domsign Envelope ID. 59F10DE1-3G ME53-8249-1ECCA62551EB
Resolutions - R7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 20, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING SPONSORSHIP FUNDING FOR THE 2026
OCEAN DRIVE PROMENADE MUSIC SERIES IN AN AMOUNT NOT TO EXCEED
$100,450; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A SPONSORSHIP AGREEMENT WITH THE OCEAN DRIVE
IMPROVEMENT ASSOCIATION, INC.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the resolution to
authorize the City Manager and City Clerk to execute a sponsorship agreement with the Ocean
Drive Improvement Association, Inc., in an amount not to exceed $100.450, for the Fiscal Year
(FY) 2026 Ocean Drive Promenade Music Series.
The Ocean Drive Promenade Music Series ("the Event") is presented by the Ocean Drive
Improvement Association, commonly referred to as the Ocean Drive Association ("ODA") in
partnership with the City of Miami Beach and the Greater Miami Convention and Visitors Bureau.
The mission and vision of the Event is to provide a thoughtfully curated activation of the Ocean
Drive Promenade, build community for residents and a great environment for tourists, while
amplifying positive messaging about Ocean Drive and Miami Beach.
The City of Miami Beach began funding the Ocean Drive Promenade Music Series in 2022. On
May 4, 2022, the Mayor and City Commission adopted Resolution No. 2022-32154 to fund the
2022 series in the amount of $100,450. In subsequent years, the Mayor and City Commission
have continued their support by adopting Resolution No. 2023-32577 on April 28, 2023, for the
2023 series and Resolution No. 2023-32815 on October 18, 2023, for the 2024 series. Each
resolution approved funding in the amount of $100,450.
On September 17, 2024, the Mayor and City Commission adopted Resolution No. 2024-33245
approving the ODA's funding request for the FY 2026 Ocean Drive Promenade Music Series, in
an amount not to exceed $100,450, authorizing the City Manager to execute a sponsorship
agreement, requiring the ODA to provide a final report depicting audience attendance and
demographics, and requiring that future funding requests for this Event require a 1:1 match. The
ODA will provide the City with the final report for FY 2025 by October 31, 2025.
ANALYSIS
975 of 1709
Docusign Envelope ID: 59F10DEt3C43 5E53A24&1ECCA62551EB
The music series is scheduled every Sunday in Lummus Park between 14- street and 14'" Place.
The first quarter of the series is expected to include:
October 2025
Melodia y Rumba
South Beach Chamber Ensemble
FIU Latin Jazz, directed by Mike Eckroth
Defying Gravity — A Halloween Concert featuring MAS Vocal, Cindy Ellis Director
November 2025
Amernet Quartet
Honoring First Responders
Ben Beal Quartet
Jean Caze Trio
Julio Montalvo Trio
December 2025
2n0 Annual Reggae Steel Band Xmas
Dunlap and Mabe
Zach Bartholemew Trio plays Vince Guardaldi's Charlie Brown Christmas
Global Holiday Musicale
For FY 2026. the ODA has requested funding assistance from the City, in the amount of $100,450
to program the Event.
Funding for the 2026 Event is currently included in the FY 2026 Operating Budget (on a recurring
basis) from the Resort Tax Fund. The funding request would be earmarked for artist fees and
sound services as shown below.
ODA Budget for FY 2026 Season:
Total Budget
Matching Funds
Funding Request
Executive Director, ODA
$30,000
$30,000
$0
Betsy Artist Management
$25,000
$25.000
$0
Artist Fees
$77,500
$13,450
$64,050
Sound Services
$41,400
$5,000
$36.400
Event Support
$16,800
$16,800
$0
Design and Branding
$6.600
$6,600
$0
Generator Rental
$26,000
$26,000
$0
Insurance
$3,600
$3,600
$0
Packing
$5,800
$5,800
$0
Totals
$232,700
$132,250
$100,450
FISCAL IMPACT STATEMENT
976 of 1709
Dowsi9n Envslope ID: 59HODE1-3C639E53A24&1ECCA62551EB
The $100,450 sponsorship for the 2026 Ocean Drive Promenade Music Series is funded from the
Resort Tax Fund.
Does this Ordinance require a Business Impact EstimateT
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https�//www miamibeachfl aov/city-hall/city-clorkimsetina-noticesi
FINANCIAL INFORMATION
$100,450.00 - 160-0380-000349-25406-548-00-00-00
CONCLUSION
The Administration recommends the Mayor and City Commission adopt the resolution to
authorize the City Manager and City Clerk to execute a sponsorship agreement with the Ocean
Drive Improvement Association, Inc., in an amount not to exceed $100,450 for the FY 2026 Ocean
Drive Promenade Music Series.
Applicable Area
South Beach
Is this a "Residents Riaht to Know" item,
pursuant to City Code Section 2-17?
Im
Is this item related to a G.O. Bond
Project?
No
Was this Aaanda Item initially reauested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enaaaed in Iobbvino?
If so, specify the name of lobbyist(s) and principal(s): Ceci Velasco, Executive Director, Ocean
Drive Improvement Association
Department
Tourism and Culture
Sponsor(s)
Co-soonsor(sl
Condensed Title
NR- Execute FY 2026 Sponsorship Agreement, Ocean Drive Promenade Music Series. TC
Previous Action (For City Clerk Use Only)
977 of 1709
D sign Envelope ID: 59F10DE1-3C43BE538249-1ECCAUWEB
Not reached on 4/22/2026 - R7 I; Not reached on 3/18/2026 - R7 I; Not reached on 2/25/2026 -
R7 H; Not reached on 2/5/2026 - R7 D
978 of 1709
Doalsgn Envelope ID: 59F1ODE1-3C43-8E53-8249-IECCA62551EB
CERTIFICATE OF LIABILITY INSURANCE
Insurance Office of America
Thomas D. Dorsey - #A070894.
1877 S. Federal Hiohwav
NAIL a
INE Er—305-531-9478 PI
Cogan Drive Improvement Association
rlo Alfie Feola
760 Ocean Drive
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Commercial General Liability for June concert events to be held at Lummus Park
7/5, 7/12, 7119, 7/26/2026
Certificate Holder is included as an Additional Insured.
NNW.. OFTNEABOVEOE$CRIBEDPOUOIE$BECANCELLEDEEFORETNEE lMTOM
City of Miami Beach
DATE THEREOF. FINE ISBUINO INSURERWILLENDEAVORTO MAIL 7 MY$WRTEN
1700 Convention Center Ddve
WMEMT CERTIFILATENOLDERHAME.TOTNELE ..EUTFAl..MDONI$MLL
Miami Beach, Florida 33139
NMNi NO OBLEATNW OR LMNLITY OF MY LAIRD UPON ME INSURER. R$ AGENTS OR
All
The ACORD name and logo are registered marks of ACORD
Docusign Envek" ID: 59F10DE13C438E53d249-1ECCA62551EB
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer dghts to the certificate
holder in lieu of such endoreement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Docuslgn Envelope ID: NF10DE1-3C43-BE6 249&1ECCASZ551EB
-'contract/Document Routing Form
2026 Ocean Drive Promenade Music Series
Ocean Di Improvement Association Tourism and Cuhure
Department Diregb _
�ji, 5igna
Type 1-Contract, amendment, change order, or task order resulting from a yrocuremen-issued competitive solicitation.
Type 2-Other contract, amendment, change order, or Usk order not resulting from a pmcuremen455ued competitive sdlcRatlon.
Type 3- Independent Connector Agreement l CA)
Type6-Tenant Agreement
Typs4-Gran agreements with the Cry as the recipient
Type y- Intergovernmental agency agreement
Type S-Grant agreements with the Dry as the grantor
x
Type 8-other:
5ponsorsno agreement between the City and the Ocean Drive Association for the Ocean Drive Promenade Music Series
("Event"), in an amount not to exceed $100,450.D0; requiring ODA to provide a final report depicting audience attendance
and demographics; and requiring that future funding requests for this Event require a 1:1 match.
On May 20, 2026, the Mayor and City Commission adopted resolution 2021 authorizing the City Manager and the City
Clerk to execute the FY 2026 agreement.
On September 30, 2025, the Mayor and City Commission adopted resolution 2025-33MS adapting the PY 2026 budget that
Grant Funded: YesRI x No State Federal Other:
1
$100,450
160-0380-00034425-406-548-ODDU-00- 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 budge.
City Commission Approved: % I Yes No
Res01u[iw No.: CC Agentla Item No.: CC Morning Date:
2026-34294 R2M May 20, 2026
If no, explain why CC approval is rot required:
Legal Form roved: I x I Yes I I No
If no, explain belons, why form appi is not necessary:
PructremenC N/A
a:vspnmOf
nts:N/A
Budget:
rmation Technology: N/A
RiskManagemem:
ss,
t&Facilities: N/A
Human Resources: N/A
at: N/A