Sponsorship Agreement with Miami Beach Gay Pride 'e alU1(O" 2O1v-30'!,5
2020 MIAMI BEACH GAY PRIDE - SPONSORSHIP AGREEMENT
THIS AGREEMENT is made and entered into this a I. day of , 2020 ("Effective
Date"), by and between the City of Miami Beach, Florida, a Florida municipl corporation, with
offices at 1700 Convention Center Drive, Miami Beach, FL 33139 (the"City"), and Miami Beach
Gay Pride, Inc. a Florida not for profit corporation, with offices at 1210 Washington Avenue,
- Suite 210, Miami Beach, FL 33139 ("Event Organizer")(altogether, the "Agreement").
WITNESSETH :
WHEREAS, the City desires to sponsor the "2020 Miami Beach Pride" (the "Event"), a
special event registered with the City under Special Events permit number # SPE 0719-0052,
more particularly described in Exhibit "A", incorporated herein by reference and attached
hereto, that will take place in Lummus Park Beach, between 11th and 14th Streets (the "Event
Site"), as depicted in Exhibit "B", incorporated herein by reference and attached hereto, on April
3-5, 2020; and
WHEREAS, Event Organizer shall produce, promote and host the Event on Miami
Beach; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted
Resolution No. 2019-30951, accepting the recommendation of the Finance and Citywide
Projects Committee and taking the following actions relating to the Event: (1) approving
waivers of special event fees in an amount not to exceed $30,893.25 (including the special
event application fee of$250.00, permit fee of $500.00, vehicle beach access passes in the
amount of $5,250; square footage fee of $10,911.00, Lummus Park user fees of $8,577.25,
and.Police Department administrative fees of $5,405.00); approving City cash sponsorship
funding in the amount not to exceed $25,000.00 for a Ferris Wheel, $73,000.00 cash
sponsorship, and $90,000.00 to be utilized towards booking a City approved performing
artist on Sunday, April 5, 2020; for a total City sponsorship package valued at $218,893.25;
and (2) further approving and authorizing the City Manager and City Clerk to execute a
sponsorship agreement; and
WHEREAS, the City's sponsorship funding for the Event is to be paid directly to.Event
Organizer, as more particularly set forth herein, to offset expenses for producing and
presenting the Event.
NOW, THEREFORE, in consideration of the mutual promises and covenants made
herein, the City and Event Organizer agree as follows:
1. The above recitals are true and correct and are incorporated by reference herein.
2. The Term of this Agreement will commence on the Effective Date set forth above and shall
expire following the conclusion of the Event and Event Organizer's completion of all of its
obligations hereunder.
3. 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 parties hereby agree that at all times the Event shall be known and promoted under
the title of the "2020 Miami Beach Pride". Event Organizer is responsible for the conduct
and operation of the Event and will provide the appropriate officials to conduct the Event.
The City is under no obligation to fund subsequent "Miami Beach Pride" events.
4. The term "Event" as used herein shall have the same meaning as described in the first
recital. 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 of 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.
5. Subject to Event Organizer's compliance with its obligations under this Agreement, the City
is responsible for the following:
a) the City shall waive special permit fees related to the Event, in a total amount not to
exceed $30,893.25, which amount includes the special event application fee of $250.00,
permit fee of$500.00, vehicle beach access passes in the amount of$5,250.00, square
footage fee of$10,911.00, Lummus Park user fee of$8,577.25, and Police Department
administrative fees of$5,405.00.
b) the City shall provide Event Organizer with cash sponsorship funding in an amount not to
exceed $73,000.00 toward the general costs of the Event, an amount not to exceed
$25,000.00 toward the costs associated with the use of the Ferris Wheel, and an
amount not to exceed $90,000.00 toward the cost of contracting a performing artist on
Sunday, April 5, 2020, with said performing artist to be approved by the City; provided,
however, that no more than 25 percent of the City's total cash sponsorship contribution
may be disbursed in advance of the Event. All remaining cash contributions shall be
made on a reimbursement basis, following the conclusion of the Event, and following
Event Organizer's submission, and the City's acceptance, of the final report referenced in
this Agreement.
6. 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 City shall have no such responsibility, obligation or liability. 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.
7. 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 and conduct and operate the Event in
accordance with all applicable laws, and without endangering others or violating their
rights.
8. Sponsorship benefits. In consideration of the City fee waivers and 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 benefits set forth in Exhibit"A"to this Agreement, which is incorporated herein
by this reference.
9. Public benefit program. Event Organizer shall provide a public benefit program to include
the following, wherever permissible and applicable within the Event footprint: 1) events are
open to the public and admission is free all two (2) days, 2) free HIV and STI screenings
conducted by community partners, 3)free Kids Play Zone for kids aged 2-13, 4)free Youth
Safe Zones, dedicated to young LGBTQ individuals and their allies, between the ages of
14-24, with food, beverages and entertainment, 5) free LAMBDA Living Senior Lounge, a
safe rest stop for senior attendees.with food and beverages, 6)free Dog Park and adoption
services with free toys and treats, and 7) free access to the Ferris Wheel. Children are
defined as individuals twelve (12) years and younger; senior citizens are defined as
individuals sixty-five (65)years and older; and veterans are defined as individuals who have
served in the military.
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10. Final report. The Event Organizer must provide, within 30 days of the completion of the
Event, a Final Report, detailing the following:
• third-party verification of Event outcomes including, without limitation, event attendance
figures, media impressions generated by the Event; and
• number of City of Miami Beach hotel room nights generated by (for and during) the
Event including, but not limited to, booking codes and any other reasonable
documentation which may be required by the City to track/document hotel utilization;
and
• The implementation of the public benefit program, including statistics relating to how
many residents, seniors, children and veterans were served; and
• Vendor and community feedback.
11. The City shall receive sponsorship recognition on all media or promotional platforms
related to the Event, at the same sponsorship level as other sponsors providing financial or
other support comparable to the City's sponsorship. Event Organizer will also tag the City
on all Event-related postings on digital distribution platforms, also referred to as social
media platforms. Event Organizer's Event-related postings shall include high quality content
relevant to the Event and its targeted audiences. Digital distribution postings shall be issued
in English and Spanish, wherever relevant.
12. Event Organizer will use logo provided by the City on all Event-related advertising. This
includes local television partners, social media campaigns, radio efforts, and local
newspapers.
13. All promotional materials which include the City's name or logo, including,without limitation,
advertising, telecasts, signage and social media publications shall be subject to the City's
prior written approval, which approval may be withheld at the City's discretion. Event
Organizer shall 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 logo/marks from any
promotional materials. This paragraph shall survive the expiration of this Agreement.
14. Event Organizer is responsible for the following:
a. Event Organizer shall arrange for vendor concessions inside the enclosed Event Site.
All sales of soft drinks or other beverages must be in compliance with the City's Coca-
Cola contract. Event Organizer will collect all proceeds from Event concessions. City
shall have no responsibility, obligation or liability relating to vendor concessions. Event
Organizer shall be solely responsible for ensuring that all vendors' services are
provided in accordance with all applicable laws, including, without limitation, all food
service,food handling, and alcoholic beverage and license regulations.
b. Event Organizer shall be responsible for handling all media vendors and organizations
and will be solely responsible for handling all issues relating to the media vendors.
c. Event Organizer shall retain any and all rights to the Event, including any rights
associated with Event-related apparel and/or product sales_
d. Event Organizer shall keep the City apprised, on a monthly basis, of its progress with
respect to the activation of the Event. The City, at its sole discretion, may monitor and
conduct an evaluation of Event Organizer's implementation of the Event. Event
Organizer agrees to cooperate with City to promptly address any deficiencies or
concerns the City may have in connection with the Event.
e. Event Organizer hereby grants the City a non-exclusive license and right to use the title of
the Event or any footage of the Event, in connection with any City produced publication,
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including the City produced magazine or any City media outlets, such as MBTV. This
section shall survive the termination or expiration of this Agreement.
15. Insurance. Event Organizer shall purchase and obtain all required Event insurance policies
for the following coverages:
a. General Liability coverage in the amount of at least$1,000,000.00 per occurrence;
b. $1,000,000.00 Products/Completed Operations;
c. $1,000,000.00 Personal and Advertising Injury; at$1,000,000.00 per occurrence;
d. liquor liability, in the amount of at least $1,000,000 (if liquor is served or sold) and host
liquor liability insurance in the amount of at least $1,000,000.00 or on a separate
certificate, the City shall be named as an additional insured;
e. worker's compensation as required by the State of Florida, with the statutory limits and
Employer's liability with a limit of no less than $1,000,000.00 per accident for bodily
injury or disease; and
f. all insurance policies for the preceding subsection (i) — (iv) shall name the City as an
additional insured and certificate holder, as follows:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
g. 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. Event Organizer shall
obtain all applicable federal, state and local approvals, permits and licenses relating to
the Event and any activities related thereto. Event Organizer shall maintain its good
standing in accordance with the laws of the State of Florida and the City of Miami Beach
Code of Ordinances ("City Code"), and shall comply with any federal, state, county or
City Code requirement applicable to Event Organizer or to the Event Organizer's
operation its business or other activities in the City of Miami Beach, including, without
limitation, obtaining any Certificate of Use or Business Tax Receipt(s) that may be
required for any business activity, timely making payment of all taxes, fees or charges
that maybe due to the City. Event Organizer shall promptly take corrective action to
correct any City Code violation or notice of violation issued by any governmental
agency with jurisdiction over Event Organizer. Further, Event Organizer agrees to
comply with the terms and conditions of any lease, contract, or other grant agreement
that Event Organizer may have separately entered into with the City, if any("Other City
Contracts"). Any failure by Event Organizer to comply with any provision of the City
Code applicable to Event Organizer, or any breach or default by the Event Organizer of
any covenant or other term or condition contained in any Other City Contracts (after the
passage of any applicable notice and cure provision set forth therein), shall, at the
option of the City, be considered an event of Default (as such term is defined more fully
below), in which event the City shall be entitled (but in no event required) to apply all
rights and remedies available to the City under the terms of this Agreement by reason
of an Event Organizer's breach or failure to comply with said obligations.
16. Indemnification.
Event Organizer shall indemnify and hold harmless the City and its officers, employees,
agents, and contractors, from and against any and all actions (whether at law or in equity),
claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys'
fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss
of or damage to property, which the City or its officers, employees, agents, and contractors
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may incur as a result of claims, demands, suits, causes of action or proceedings of any kind
or nature arising out of, relating to, or resulting from the performance of this Agreement by
Event Organizer or its officers, employees, agents, servants, partners, principals or
contractors, or Event Organizer's use of the Event Site. Event Organizer shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits, or
actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon. Event Organizer expressly understands and agrees that any insurance protection
required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set
forth herein, to indemnify, hold harmless, and defend the City or its officers, employees,
agents, and contractors as herein provided.
17. Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Articles, Single
Use Plastic Beverage Straws, And Single-Use Plastic Stirrers.
a. 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) in City facilities or on City property, in connection with
any services performed pursuant to this Agreement. 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.
b. 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) in City facilities or on City property,
in connection with any services performed pursuant to this Agreement. 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.
c. As additional consideration for this Agreement, independent of the of the foregoing
Sections 82-7, 82-8 and 46-92(c) of the City Code, as may be amended from time to
time, Event Organizer agrees:
• not to sell, use, provide food in, or offer the use of expanded polystyrene food
service articles in the Facility. 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; and
• not to sell, use, provide food in, or offer the use of single-use plastic beverage
straws or single-use plastic stirrers in the Facility. A violation of this section shall
be deemed a default under the terms of this Agreement. Notwithstanding the
above, Event Organizer shall be permitted to providing a beverage with, or
offering the use of, a single-use plastic. beverage straw or single-use plastic
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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.
18. Events of Default, Termination of Agreement 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 or
discontinue the funding provided for herein.
c. In the event that Event Organizer is in default of any of its obligations under this
Agreement, City reserves all legal remedies available to it, including but not limited to
termination of this Agreement, upon ten (10) days written notice to Event Organizer. In
the event of any such termination, City shall have no further obligation or liability to
Event Organizer:
19. Assignment. Event Organizer shall not assign its rights or obligations under this Agreement
without the City's consent. Any purported assignment in violation of this section shall be
void and shall constitute an event of default hereunder.
20. Audit and Inspections.
a. 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 City may, at its expense,
audit or have audited, all the financial records of the Event Organizer related to this
Event.
b. Inspector General Audit Rights.
1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews,,,audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
2. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
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•
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the 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.
3. Upon ten (10) days written notice to the Event Organizer, the 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 the
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.
4. The Inspector General shall have the right to inspect and copy all documents and
records in the Event Organizer's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
5. The 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 contract, for examination, audit, or reproduction, until three (3) years
after final payment under this contract or for any longer period required by statute or by
other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Event Organizer shall
make available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
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ii. The Event Organizer shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this contract until
such appeals, litigation, or claims are finally resolved.
6. The provisions in this section shall apply to the Event Organizer, its officers, agents,
employees, subcontractors and suppliers. The Event Organizer shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Event Organizer in connection with the performance of this contract.
7. 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 the Event Organizer or third
parties.
21. This Agreement shall constitute the entire agreement between the parties, and no
warranties, inducements, considerations, promises or other references shall be implied or
impressed upon this Agreement that are not expressly addressed herein.
22. This Agreement shall be governed as to performance and interpreted in accordance with the
laws of the State of Florida. Any claim or dispute arising out of the terms of this Agreement
shall be litigated in Miami-Dade County, Florida.
23. 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.
24. Event Organizer agrees that nothing herein contained is intended or should be construed as
in any way creating or establishing the relationship of partners or joint venturers between
City and Event Organizer. In no event shall Event Organizer represent to any third party
that it is acting as an agent, representative or on behalf of City for any purpose or in any
manner whatsoever.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
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EXHIBIT A
CITY OF MIAMI BEACH SPONSORSHIP BENEFITS
1. Main Stage:
o The City shall approve the nighttime programming for Sunday, April 5, 2020,
including contract details and insurance clauses
o Permanent City logo placement
o Rotating City logo on LED screen
o Opportunity for City representative to participate in opening ceremonies(non-
campaigning)on Sunday, April 5
o Opportunity to display City imagery and branding on LED screen
2. Marketing:
o Provide a robust marketing plan with national/international reach to be approved,
in writing, by the City prior to implementation.
o Recognition as Fireworks sponsor with the opportunity for:
• City representative to"flip the switch"from the main stage on
Sunday, April 5
• Main-Stage DJ platform City logo placement
• Main-Stage crowd giveaways, provided by Event Organizer and pre-
approved by the City in writing
o City recognition/logo in 2020 Media PSAs which expect to include: NBC6,
Telemundo
51, Atlantic Broadband (and possibly Comcast). Atlantic Broadband aired
3350 cumulative PSAs in 2018 reaching a potential of 525,313 viewers. NBC6
aired 200+ prime-time PSAs from mid-March through Pride for a total of over
1,235,000 total impressions.
o City name recognition/logo on promotional materials including
advertisements, printed materials, website, Facebook, Twitter and Instagram
o 1 rotating website banner ad
o Opportunity for City representative to speak at city hall flag raising ceremony on
Monday, April 30
o Opportunity for City representative to speak at post-pride appreciation event
o Opportunity for City representative to speak and introduce Pulse survivor at
Pride Lights the Night ceremony on Monday, April 30
o City formal recognition at VIP Gala, including a 2-minute opportunity for
City representative to speak to attendees
o Opportunity for City representative to participate in pre-parade International
Media Reception (non-campaigning)on Sunday, April 5
o Opportunity for City to supply pre-approved gift bag item for the 600 VIP gift bags
o City recognition on 2020 press releases
o 1 dedicated City, non-sales specific, spotlight press release
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o 4 dedicated City, non-sales specific, spotlight email blasts to our 4,600+
subscribers(individuals and corporations)
o 4 dedicated City, non-sales specific, spotlight Facebook posts to our 44,600+
followers
o 4 dedicated City, non-sales specific, spotlight Instagram posts to our 7,000+
followers
o 4 dedicated City, non-sales specific, spotlight Tweets on Twitter to our pride
followers
o 1 full-page, full color preferred ad placement in digital and print Pride Guide.
10,000 guides, provided by Event Organizer and pre-approved by the City, in
writing, will be distributed in South Florida approximately 2 weeks before Pride
o City name recognition/logo on step &repeat banners
3. Parade:
o 1 preferred placement parade entry: City will select your parade placement
locations for maximum exposure
o Formal grandstand recognition: special recognition by our Emcee who will
personally market City participation from the grandstand stage when your
parade entry pass by
o 20 pre-parade exclusive (invitation only) media event tickets for the Grand
Marshal(s), international media and large donors
4. Festival:
o Signage/marketing opportunities: the City will be able to place up to 12 flutter
flag banners throughout the festival grounds
o Two 10'X 10' tented areas plus two 6' tables and 4 chairs for City's use.
5. VIP Passes:
o 20 Sponsor passes which include:
• Invitations to VIP Gala and possible meet &greet with Grand Marshal(s)
at the VIP Gala on Friday, April 3
• Access to VIP lounge on Saturday, April 4 and Sunday, April 5
• Sunday reserved grandstand seating: located directly across from
grandstand stage, City representatives will be able to enjoy the 90+
parade participants as they pass by
■ Invitations to January Soiree kick-off event
o Additionally:
• 16 invitations, for City representatives, to the Miami Dade Gay&
Lesbian Pride Spotlight Mixer on Tuesday, March 31st
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EXHIBIT B
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