Resolution 2021-31734 RESOLUTION NO. 2021-31734
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING ON JULY 28, 2021, TO CONSIDER GRANTING A
WAIVER OF THE LAND DEVELOPMENT REGULATIONS
PERTAINING TO GENERAL ADVERTISING SIGNAGE, BY A
5/7TH VOTE OF THE CITY COMMISSION, PURSUANT TO CITY
CODE SECTION 142-425(d), TO PERMIT A BANNER FOR
JACKSON HEALTH SYSEM AT THE FOOTBALL STADIUM
AND SOCCER FIELD AT FLAMINGO PARK, LOCATED AT
1200 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, AS A
BENEFIT FOR JACKSON HEALTH SYSTEM'S DONATION TO
THE CITY.
WHEREAS, Jackson Health Systems is donating $30,000.00 to the City of Miami
Beach to assist the City's Parks and Recreation Travel Soccer Program with player uniforms,
TRACE Cameras (Camera system that is used to record soccer games and assist players with
building highlight reels to be used towards college/university recruitment), soccer goals for the
team's practice/game locations, and coaching equipment for practices; and
WHEREAS, the remaining portion of the donation will help to offset the cost of
producing the 2021-2022 School Agenda Books, which provides 7,300 School Agenda Books to
Miami Beach students for homework and school assignments; and
WHEREAS, as a benefit for Jackson Health System's donation to the City, two (2)6'x8'
banners are planned to be installed within the interior of the Soccer Field and Football Stadium
at Flamingo Park for one calendar year; and
WHEREAS, the banners would not be street facing, Section 138-73 of the City Code
prohibits general advertising signs: "[N]o general advertising sign shall be constructed, erected,
used, operated or maintained in the City".; and
WHEREAS, the proposed location is zoned Government Use (GU) and, in accordance
with Section 142-425(d) of the City Code, the City Commission may waive by 5/7th vote,
following a public hearing, development regulations "pertaining to governmental owned or
leased buildings, uses and sites which are wholly used by, open and accessible to the general
public, or used by not-for-profit, educational, or cultural organizations, or for convention center
hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they
are continually used for such purposes"; and
WHEREAS, a waiver is necessary to acknowledge the valuable contribution Jackson
Health systems is making to the City.
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 setting a public hearing on July 28, 2021, to consider granting a
waiver of certain Land Development Regulations pertaining to general advertising signage, by a
5/7th vote of the City Commission, pursuant to City Code Section 142-425(d)to permit a banner
for Jackson Health System at the Football Stadium and Soccer Field at Flamingo Park, located
at 1200 Meridian Avenue, Miami Beach, Florida, as a benefit for Jackson Health System's
donation to the City.
PASSED and ADOPTED this 23rd day of June, 2021.
ATTEST:
Dan Gelber, Mayor
Cag' c
Rafael Granado, City Jerk ;i �,,,
-
APPROVED AS TO FORM& LANGUAGE
IIHCORPORATED) & FOR EXECUTION
City Attorney if Date
Resolutions-C7 1
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 23, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY28,
2021, TO CONSIDER GRANTING A WAIVER OF THE LAND
DEVELOPMENT REGULATIONS PERTAINING TO GENERAL
ADVERTISING SIGNAGE, BYA 5/7TH VOTE OF THE CITY COMMISSION,
PURSUANT TO CITY CODE SECTION 142-425(D), TO PERMIT A BANNER
FOR JACKSON HEALTH SYSTEM AT THE FOOTBALL STADIUM AND
SOCCER FIELD AT FLAMINGO PARK, LOCATED AT 1200 MERIDIAN
AVENUE, MIAMI BEACH, FLORIDA, AS A BENEFIT FOR JACKSON HEAL
TH SYSTEM'S DONATION TO THE CITY.
RECOMMENDATION
The Administration recommends approval of the Waiver of Development Regulations.
BACKGROUND/HISTORY
Jackson Health Systems is donating $30,000.00 to the City of Miami Beach. The donation
would assist the City's Parks and Recreation Travel Soccer Program with player uniforms,
TRACE Cameras (Camera system that is used to record soccer games and assist players with
building highlight reels to be used towards college/university recruitment), soccer goals for the
team's practice/game locations, and coaching equipment for practices. (Exhibit A)
The remaining portion of the donation will help to offset the cost of producing the 2021-2022
School Agenda Books, which provides 7,300 School Agenda Books to Miami Beach students
for homework and school assignments.
ANALYSIS
As a benefit for Jackson Health System's donation to the City, two (2)6'x8'banners are planned
to be installed within the interior of the Soccer Field and Football Stadium at Flamingo Park for
one calendar year. (Exhibit B)The banners would not be street facing. However, Section 138-73
of the City Code prohibits general advertising signs:
Sec. 138-73. General advertising signs.
No general advertising sign shall be constructed, erected, used, operated or
maintained in the city.
Page 250 of 1884
The location is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code,
the City Commission may waive by five sevenths vote, following a public hearing, development
regulations "pertaining to governmental owned or leased buildings, uses and sites which are
wholly used by, open and accessible to the general public, or used by not-for-profit, educational,
or cultural organizations, or for convention center hotels, or convention center hotel accessory
garages,or city utilized parking lots, provided they are continually used for such purposes."
A waiver is necessary to fulfill this element of the advertising agreement, as the purpose of
these banners is to acknowledge the valuable contribution Jackson Health systems is making to
the City.
SUPPORTING SURVEY DATA
N/A
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Description
D Exhibit A—Advertising Agreement with Jackson Health Systems
® Exhibit B - 8x6 Banner
D Resolution
Page 251 of 1884
5 .
M1AMIBEACH
ADVERTISING AGREEMENT
Date: 5/7/2021
Sponsor/Advertiser Name: Jackson Health System
Contact Person's Name: Madeline Barrios
Mailing Address: 1611 NW 12th Avenue
City: Miami State: Florida Zip Code: 33136
Is billing address same as mailing address? X Yes ❑ No -If"No,"please provide billing address:
Contact Numbers:
Office: (305) 585-7203 Cell: Fax:
E-mail Address: mbarrios@jhsmiami.org
The Sponsor/Advertiser, Jackson Health System, hereby contracts to advertise via sponsorship or
advertising with the City of Miami Beach ("City") under the following terms and conditions:
PACKAGE INCLUDES:
Annual Contract:
1) School Agenda Book Ad
• Full-page four-color advertisement inside front cover of 7300 school agenda
books to be distributed to Miami Beach students.
2) MBFC Game Jersey Sponsor
• Logo prominently displayed on MBFC game jerseys for term of agreement.
• Promotional Field Banners-Two 6x8 ft banners hung for one calendar year at
Flamingo Soccer Field and Flamingo Park Memorial Stadium.
• Static image with sponsor information at all three recreation centers in the City of
Miami Beach for one calendar year. (Flamingo Park, Scott Rakow Youth Center,
North Shore Park)
*Sponsor is responsible for providing all artwork by specified deadlines. City will
be responsible for production and maintenance.
Total package Price: $30,000 net- $7,500 billed quarterly
All Payments Due Net 30
Initial Oli
Page 1 of 4
Page 252 of 1884
ADVERTISING AGREEMENT TERMS AND CONDITIONS(The"Agreement')
1. Artwork: SponsorlAdvertiser will furnish completed high-resolution artwork,in camera-ready PDF or JPG format to City staff no
later than thirty(30)business days prior to event date.
2. Truth in Advertising: Sponsor/Advertiser is solely responsible for any legal liability arising out of or relating to (1) the
advertisement, (2) any material to which readers can link through the advertisement. SponsorlAdvertiser represents and
warrants to the City that it holds any necessary rights to permit use of the advertisement and that publication of'the
advertisement will not violate any codes,statutes,or other laws,or any rights of any third parties.
3. Litigation Jurisdiction and Venue: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,the exclusive venue for
the enforcement of this Agreement shall lie in Miami-Dade County.By entering into this Agreement, Sponsor/Advertiser and the
City 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. Sponsor/Advertiser shall specifically bind its employees, sub-contractors, and agents to the provisions of this
Agreement.This Agreement shall be construed in accordance with the laws of the State of Florida.
4. Limitation on City's Liability: The City desires to enter into this Agreement only if in doing so the City can place a limit on the
City's liability for any cause of action of money damages due to an alleged breach by the City of this Agreement, so that its
liability for any such breach never exceeds $1,000. Sponsor/Advertiser hereby expresses its willingness to enter into this
Agreement with Sponsor/Advertiser's recovery from the City limited to a maximum amount of $1,000. Accordingly, and
notwithstanding any other term or condition of this Agreement, Sponsor/Advertiser hereby agrees that the City shall not be
liable to the Sponsor/Advertiser for damages in an amount in excess of$1,000 for any action or claim of breach of Agreement
arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing
contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
the City's liability as set forth in Section 768.28, Florida Statutes.
5. Attorney's Fees: In the event that any party to this Agreement should seek legal or administrative recourse to enforce the
terms of this Agreement, the breaching party shall be obliged to pay the prevailing party the reasonable attorney's fees and
costs incurred by the prevailing party.
6. Indemnification: Sponsor/Advertiser agrees to indemnify and hold harmless the City and its officers, employees, and agents,
from and against any and all actions, claims, suits, demands, setoffs, liens, attachments, debts, judgments, liabilities, losses,
and expenses, including, but not limited to, attorney's fees and costs, for personal,economic, or bodily injury,wrongful death,
loss of or damage to property,fraud, misrepresentation,or copyright or trademark infringement,at law or in equity, which may
arise or be alleged to have arisen from the negligent acts, errors, omissions, or other wrongful conduct of the
Sponsor/Advertiser, its employees, agents, sub-contractors, or any other person or entity acting under Sponsor/Advertiser's
control, in connection with the performance of the terms of this Agreement;to that extent, the Sponsor/Advertiser shall pay all
such claims and losses and shall pay all such costs and judgments which may arise from any lawsuit arising from such claims
and losses,and shall pay all costs and attorney's fees expended by the City in the defense of such claims and losses,including
appeals.
7. Appropriateness: Sponsor/Advertiser agrees that the City has the right to reject any advertisement or sponsorship deemed to
be inappropriate to appear in an official publication or as a part of any event of the City, or that is in violation of the City's
advertising policies.A copy of the City advertising policies is available upon request.
8. Short Rating: Failure of the Sponsor/Advertiser to fully perform on this Agreement will result in cancellation of the Agreement
and Sponsor/Advertiser will be responsible for paying the difference between the originally contracted rate and the highest
applicable rate. A new Agreement will be required in order to resume advertising. Current Sponsors/Advertisers will have the
first right of refusal for advertising placement location should the Agreement expire and need to be renewed. 30 days written
notice must be sent to the City for any cancellations or alterations to Agreement.
9. Payment Terms:
a. All payments are due within thirty(30)days of the date of invoice. If paid after that time, payment will be considered
late. Late amounts will bear interest at the maximum rate allowed by law. Sponsor/Advertiser shall pay all applicable
taxes. If any invoice is not timely paid,then the City reserves the right to suspend its performance at any time and/or
cancel this Agreement without notice. In the event of such a cancellation,all charges for advertising since the 1st Run
Date will be re-invoiced to reflect the Corrected Rate,as described herein.All disputes of any kind must be reported in
writing to the City no later than 30 days from the date the invoice containing such disputed item, or such item will be
deemed correct and conclusively accepted by Sponsor/Advertiser.Sponsor/Advertiser waives any claim after said 30-
day period. Submission of a written dispute notice by Sponsor/Advertiser shall not relieve Sponsor/Advertiser of its
obligation to timely pay all undisputed amounts. Credits, refunds or payments must be used or claimed within 1 year
from the date of such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid.
Unless agreed in writing, multiple discounts shall not apply for the same advertising purchase. The City is not
obligated to extend credit to Sponsor/Advertiser unless the City, at its sole discretion, chooses to do so, and notifies
Sponsor/Advertiser in writing. If Sponsor/Advertiser breaches this Agreement, Sponsor/Advertiser agrees to pay all of
the City's collection agency fees and expenses, investigation, court and litigation expenses along with attorney fees
equal to the greater of:(i)25%of the amount owed,or(ii)the amount awarded by the court.
Initial 60 Page 1 of 4
Page 253 of 1884
b. Additional Terms and Conditions: This Agreement is subject to: (i) the Citywide Advertising Policies, which are
available upon request, (ii) the applicable rate card, and (iii) publication deadlines, policies and procedures, all as
amended by the City from time to time. Rates may be amended by the City upon 30 days' written notice to
Sponsor/Advertiser. Sponsor/Advertiser must consume and pay for the minimum commitment indicated herein within
one year from the terms stated in the Agreement. If Sponsor/Advertiser fails to satisfy the Minimum Commitment,
Sponsor/Advertiser shall not be entitled to the rates or discounts set forth herein and will be retroactively billed for all
advertising during the Term at the applicable then current standard published rate card rate (the "Corrected Rate").
Sponsor/Advertiser will pay the City any such Corrected Rate balance immediately. Sponsor/Advertiser agrees to pay
this Corrected Rate in addition to all amounts paid or payable by Sponsor/Advertiser under this Agreement. Payment
of any Corrected Rate does not count toward the minimum commitment. This Agreement will be automatically
renewed unless Sponsor/Advertiser submits a cancellation request in writing 30 days prior to renewal. Current
Sponsor/Advertiser will have first right of refusal on all premium ad space and must submit cancellation in writing 5
days prior to the expiration of the Agreement,or items may be re-sold to another sponsor/advertiser.
10. Earned Rating/Agreement Review: No Sponsor/Advertiser will receive an automatic rebate on past advertising purchases
solely by qualifying for a lower Earned Rate during the Agreement term. Revenue agreements are automatically renewed for
successive 12-month periods at the Earned Level unless (i) Sponsor/Advertiser failed to meet the Agreement requirements in
any 12-month period or(ii) either party gives written notice of cancellation at least 30 days prior to the anniversary date of the
Agreement. The City reserves the right to review the volume of advertising placed on a quarterly basis and cancel this
Agreement at its sole discretion, if advertising placed falls below the quarterly average of revenue needed to fulfill the twelve-
month Agreement amount. The failure of the City to review the volume of advertising or cancel the Agreement for any reason
shall not be deemed a waiver of the right to cancel in the future or to impose any applicable rate adjustments.
11. Ownership of Ads: The City retains all rights of ownership in and to all advertisements designed or created by the City.
Sponsor/Advertiser grants the City a non-exclusive license to publish all camera-ready advertisements provided by
Sponsor/Advertiser(or provided on Sponsor/Advertiser's behalf)to the City.The City is not obliged to return ads or ad materials
to Sponsor/Advertiser nor is the City responsible for any damage or loss to any ads, copy, drawings, art or any other materials
provided by Sponsor/Advertiser.
12. Copyrights:Sponsor/Advertiser hereby grants a non-exclusive license to the City for all copyrights and ownership rights in any
advertisement of Sponsor/Advertiser submitted for insertion in any publication of the City, including the right to publish,
reproduce, display, adapt, transmit, or produce derivative works in any medium, including any digital or electronic medium.
Sponsor/Advertiser authorizes the City to bring suit, in the City's discretion and at its expense, for any unauthorized use,
reproduction,display, distribution,or performance of advertisement as it appears in any City publication or for its unauthorized
alteration.
13. Acceptance/Rejection of Advertising: The City reserves the right to revise, alter, or reject any advertisement for any reason
whatsoever, or to omit ads without notice. The City may cancel any ad at its sole discretion, even if previously accepted for
publication.Advertising copy not timely submitted by Sponsor/Advertiser will be excluded.Special position for advertising is not
guaranteed but may be available for a premium and if agreed to in writing. NO advertising of alcohol, tobacco, illegal drugs,
sexual services, programs, or products, political candidates or political issues, obscene or indecent matter, or libelous,
slanderous or defamatory language will be accepted.ALL ADS ARE SUBJECT TO THE CITY'S APPROVAL.
14. Publication Errors and Omissions: The City is not liable for any omission of all or any portion of any ad, nor is the City
responsible for orders,cancellations,or corrections given by telephone,or facsimile.The City is also not liable for any error in a
published ad unless an advertising proof is requested in writing, Sponsor/Advertiser clearly marks any error in the advertising
proof for corrections,and the City is notified of the error in sufficient time before publication, in which case Sponsor/Advertiser's
sole remedy is an appropriate credit to the extent of the error up to the cost of the first insertion of the error(if there is more
than one incorrect insertion,credit shall be allowed only for the first incorrect insertion).
15. Reservation of Rights Regarding Mechanical Specifications: The City reserves the right to alter any advertising material
due to press/production requirements for any City publication. This reservation of right includes the City's right to reduce the
size of any advertisement as long as the advertisement maintains the same proportion of the entire page. Advertising will be
billed based on the space reserved/ordered.
16. Force Majeure: If either party is unable to perform any obligation hereunder by reason of any events beyond such party's
reasonable control, including but not limited to fire, flood, epidemic, earthquake, explosion, act of God or public enemy; riot or
civil disturbance, strike, lockout,or labor dispute,war(declared or undeclared),terrorist threat or activity,or any federal, state,
or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within either
party's control(each a"Force Majeure event or occurrence),such party shall be excused from performance and may terminate
this Agreement upon written notice to the other party. In the alternative, the parties may mutually agree to extend this
Agreement in writing.
17. Limited Licensing Rights:
a. Grant of Rights. During the term, Sponsor/Advertiser will have the limited, non-exclusive, right to use all marks and
logos, including any event marks and logos("Marks"),on a royalty-free basis, in promotions,advertising, and website
identification, for the purpose of leveraging Sponsor/Advertiser's position. Sponsor/Advertiser must obtain the prior
itten approval of the City as to all proposed promotional, advertising, identification or other materials prepared by
Initial Page 1 of 4
Page 254 of 1884
•
Sponsor/Advertiser pursuant to this paragraph prior to their publication, circulation, or display. Sponsor/Advertiser
shall place the indicia"®"or"TM"next to each use of any Mark.
b. Term. This limited license is granted for the Term provided on page 1 hereunder,which includes for the duration of
the Event. At the expiration of the Term, all rights and privileges granted to Sponsor/Advertiser by this limited license
shall immediately and automatically terminate, provided, however, that where an Agreement is automatically renewed
pursuant to Paragraph 9, hereof,.then the limited license granted herein shall be automatically extended to correspond
to the duration of such automatic renewal.
c. Goodwill. Sponsor/Advertiser recognizes the great value of the goodwill associated with the Marks.
Sponsor/Advertiser acknowledges the City's exclusive right, title, and interest in and to the Marks and will not at any
time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of such
right,title,and interest.
d. No Assignment.This limited license and all rights and duties hereunder are personal to Sponsor/Advertiser and shall
not be assigned, mortgaged, sublicensed, or otherwise encumbered or transferred by Sponsor/Advertiser or by
operation of law.
18. No Joint Venture:This Agreement does not authorize Sponsor/Advertiser to do business under the name of the Event or the
"City of Miami Beach"or any name similar thereto, or to enter into any agreements of any type in the name of, or on behalf of
any of these parties. The Sponsor/Advertiser is not empowered to state or simply imply, either directly or indirectly, that
Sponsor/Advertiser or its activities, other than pursuant to the limited license permitted in paragraph 1 hereof, are supported,
endorsed,or sponsored by the City and, upon the direction of the City,Advertiser shall issue express disclaimers to that effect.
Nothing herein shall be construed•to place the parties in the relationship of partners or parties to a joint venture, nor shall any
similar relationship be deemed to exist between them.
19. Notices: Any notices to be made hereunder shall be made in writing and shall be sent by hand delivery, facsimile with
confirmation receipt, overnight courier, or certified United States mail, return receipt requested, with postage prepaid. Each
party may, by notice to the other party as provided herein,change the address to which notices or payments thereafter shall be
sent.
a. Notices to the City shall be sent to: b. Notices to Sponsor/Advertiser shall be sent to:
City of Miami Beach Madeline Barrios
1700 Convention Center Drive Address: 1611 NW 12th Avenue
Miami Beach, FL 33139 City/St/Zip:Miami, FL 33136
Attention:Jennifer Seoanes Attention:Madeline Barrios
Marketing&Communications Department Phone:(305)585-7203
20. Waiver: The failure of either party hereto to insist in any instance upon the strict performance of any provision of this
Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of
such provision or election. No waiver or modification by any party shall be deemed to have been made unless expressed in
writing by such party.
21. Additional Term for Trolley Advertising: The City shall not be liable to Sponsor/Advertiser for any reduction in advertising
that is due to the removal of a trolley vehicle from service for maintenance or repairs for a period of less than seven(7)days at
a time. However, if a trolley vehicle is taken out of service for maintenance or repairs for a period of seven(7)or more days at a
time, then Sponsor/Advertiser may request from the City, in writing, an extension of this Agreement for a period of time
equivalent to the duration of the interruption,which request shall be considered by the City Manager and may be approved at
the Manager's discretion,.provided that such approval shall not be unreasonably withheld,conditioned,or delayed.
22. Entire Agreement. This Agreement supersedes all prior negotiations, understandings and agreements between the parties
hereto and constitutes the final and complete understanding of the parties regarding the subject matter hereof,and both parties
acknowledge and agree that neither party has relied on any representations or promises in connection with this Agreement not
contained herein. This Agreement may not be amended or modified except by a subsequent written instrument evidencing the
express consent of each of the parties,duly executed by the parties.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by their respective authorized officials,this
date and year first above written,which shall be the date on Page 1 of this Agreement.
CITY OF MIA,' BEACH SPONSOR/ADVERTISER:
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City Ma •er Print Name/Title
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