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Resolution 2021-31561 RESOLUTION NO. 2021-31561 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE SPONSORSHIP AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, AS ADMINISTRATOR AND CO-PRODUCER OF THE FOOD NETWORK & COOKING CHANNEL SOUTH BEACH WINE & FOOD FESTIVAL PRESENTED BY CAPITAL ONE (COLLECTIVELY, THE "FESTIVAL"), TO ACCOUNT FOR THE SIGNIFICANT ADVERSE OPERATIONAL IMPACTS ASSOCIATED WITH THE COVID-19 PANDEMIC; WITH SAID AMENDMENT INCLUDING A REIMBURSEMENT TO THE FESTIVAL, IN AN AMOUNT NOT TO EXCEED $162,333, FOR THE FESTIVAL'S COSTS ATTRIBUTABLE TO EVENT-RELATED PUBLIC SERVICES, CITY PERMITTING COSTS, AND A RENTAL WAIVER FOR THE NORTH BEACH BANDSHELL; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SPONSORSHIP AGREEMENT,ATTACHED AS EXHIBIT A TO THIS RESOLUTION. WHEREAS, on July 25th, 2018, the Mayor and City Commission adopted Resolution 2018- 30397 approving a five-year sponsorship agreement with Florida International University (the "Festival") for the South Beach Wine & Food Festival; and WHEREAS, the 20th Annual Food Network South Beach Wine & Food Festival ("SOBEWFF" or "Event") is a national, star-studded, four-day destination event showcasing the talents of the world's most renowned wine and spirits producers, chefs, and culinary personalities which will take place in the City of Miami Beach ("City"); and WHEREAS, SOBEWFF has become one of the largest and most well-known festivals of its kind in the country, attracting visitors worldwide; and WHEREAS, the proceeds of SOBEWFF directly benefit the Florida International University ("FIU") School of Hospitality and Tourism Management and underline the reputation of the City of Miami Beach as a world-class culinary destination, and over the last 19 years, SOBEWFF has grown to attract more than 8,000 residents and visitors to the event daily, producing increased hotel room night generation year on year; and WHEREAS, 80% of SOBEWFF total event attendance is allocated to events that take place in the City of Miami Beach, historically bringing in more than 50,000 guests to the City; and WHEREAS, on January 13, 2021 , the Festival shared with the City of Miami Beach Mayor and City Commission that due to the on-going impact of the COVID-19 pandemic, travel restrictions, "New Normal" capacity, social distancing and more, the Festival is required to make the following changes to the event: relocate all events to outdoor venues, reduce event capacity and ticket sales by 50%, purchase and provide PPE to all vendors, staff, participants and attendees, refocus on local talent, produce social distancing signage and reformat events to adhere to social distancing guidelines, add significant amounts of seating to all events, as well as all other modification to ensure compliance with federal, local and Festival COVID-19 Guidelines, recommendations and requirements; and WHEREAS, the Festival has been rescheduled for May 20-23, 2021 in Lummus Park and other Miami Beach locations; and WHEREAS, due to the significant changes to the event caused by the pandemic, and the increased cost associated with implementing the SOBEWFF COVID Guidelines, SOBEWFF anticipates to operate at a loss for the 2021 Event; and WHEREAS, SOBEWFF has requested support from the City to account for the operational impacts of the pandemic, including a reimbursement to SOBEWFF, in an amount not to exceed $162,333, for costs attributable to event-related public services and city permitting costs, and a rental waiver for the North Beach Bandshell, as set forth in the amendment attached as Exhibit "A" to this Resolution; and WHEREAS, the Administration recommends approval of the sponsorship amendment with the reimbursement for 2021; and WHEREAS, at the January 13, 2021 Commission Meeting, the Mayor and City Commission approved an amendment to the Sponsorship Agreement, in an amount not to exceed $162,333, for costs attributable to event-related public services, city permitting costs, and a rental waiver for the North Beach Bandshell, to account for the significant adverse operational impacts associated with the COVID-19. 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 amendment No. 1 to the sponsorship agreement between the City of Miami Beach, Florida and the Florida International University Board of Trustees, as Administrator and Co-Producer of the Food Network & Cooking Channel South Beach Wine & Food Festival Presented by Capital One (collectively, the "Festival"), to account for the significant adverse operational impacts associated with the COVID-19 pandemic; with said amendment including a reimbursement to the Festival, in the amount not to exceed $162,33, for The Festival's costs attributable to event-related public services, city permitting costs, and a rental waiver for the North Beach Bandshell, and further authorizes the City Manager to execute Amendment No. 1 to the Sponsorship Agreement attached as Exhibit A to this Resolution. PASSED AND ADOPTED this •3 J�'41'72021. ATTEST: Dan Gelber, Mayor 3s Rafe-I E. Granado, Ci lerk (Sponsored by Commissioner Ricky Arriola) APPROVED AS TO FORM & LANGUAGE ',,,...�-\\"`%%%%%%%,��� & FOR EXECUTION Isv ./. nra- / . Cd/A!lamey ":" Date * INCORP ORATED' E EXHIBIT "A" SOBEWFF City of Miami Beach,Florida AMENDMENT#1 TO THE SPONSORSHIP AGREEMENT THIS Amendment#1 (the"Amendment")to the Sponsorship Agreement dated 9/12/2018(the"Agreement")by and between The Florida International University Board of Trustees,a charitable governmental unit qualifying for Federal tax exemption pursuant to Internal Revenue Code("I.R.C.")section 115(1)("FIU"), as administrator and co-producer of the Food Network&Cooking Channel South Beach Wine & Food Festival presented by Capital One (collectively, the "Festival"), and City of Miami Beach, Florida, located at 1755 Meridian Avenue,Suite#500,Miami Beach,FL 33139("Sponsor"),is made and agreed to as of the last date signed below(the"Effective Date"). WHEREAS,the Agreement outlined certain benefits,deadlines and/or obligations for the 2021 Festival(s);and WHEREAS,on January 13,2021 ,the Festival shared with the City of Miami Beach Mayor and City Commission that due to the on-going impact of the COVID-19 pandemic,travel restrictions,"New Normal"capacity,social distancing and more,the Festival is required to make the following changes to the event: relocate all events to outdoor venues, reduce event capacity and ticket sales by 50%,purchase and provide PPE to all vendors,staff,participants and attendees, refocus on local talent, produce social distancing signage and reformat events to adhere to social distancing guidelines, add significant amounts of seating to all events,as well as all other modification to ensure compliance with federal,local and Festival COVID-19 Guidelines,recommendations and requirements as found in Exhibit B;and WHEREAS,due to the significant modification directly resulting from the COVID-19 pandemic including,but not limited to event costs,the Festival anticipates operating at a loss for the 2021 event;and WHEREAS,the Festival has been rescheduled for May 20-23,2021 in Lummus Park and other Miami Beach locations;and WHEREAS, notwithstanding the change in program required by the Covid-19 Guidelines, the Parties still anticipate that the Festival will generate a meaningful economic impact for the City by attracting tourists and providing media exposure for the City;and WHEREAS,due to the COVID-19 pandemic and the significant changes to the costs and the change to the programming of the event,the Festival requested an amendment to the Agreement,for a one time additional cash sponsorship in an amount not to exceed$162,333.000 to cover the cost of COVID-19 related safety measures and City Services;and WHEREAS,the parties desire to modify and/or supplement the terms of the Agreement for the 2021 Festival,as set forth herein. NOW THEREFORE,for and in consideration of the covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree to modify and/or supplement the Agreement as follows: 1. Recitals.The above recitals are true and correct and incorporated herein. 2. Agreement Term. The Agreement is hereby extended for additional 3 months and shall continue through and including July 1, 2021. 3. Due Dates. The parties agree that the following new schedule of due dates and deadlines set forth below shall supersede and replace the due dates and deadlines outlined in the Agreement: • Payment Due Date. • Final Report.The Festival must provide,within sixty(60)days of the completion of the Festival,a Final Report, detailing the following: o Festival outcomes including,without limitation,event attendance figures,media impressions generated by the Festival,and photos and videos of the event,and estimated number of City of Miami Beach hotel room nights generated by the Festival thru Festival-hired Travel Agency; o The implementation of the public benefit program,i.e.City of Miami Beach Resident Discount 1 INITIALS: Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One Offer,including statistics on how many tickets purchased and how this program was marketed and communicated to the residents;and o All supporting documentation required for the reimbursement. • COVID-19 Planning This event is subject to Miami Dade County and City of Miami Beach Emergency Orders,with special attention to COVID-19.The following COVID-19 resources,protocols and procedures should be embedded in the programming with approval by the City. • Miami Dade County Emergency Orders and New Normal Guidelines • City of Miami Beach State of Emergency Declaration and Emergency Measures • SOBEWFF®Official Covid-19 Guidelines,attached as Exhibit B • Entertainment. The Festival will provide Sponsor with the below allocation of tickets: • Eight(8)tickets to Grand Tasting Village on Saturday,May 22,2021 • Eight(8)tickets to Grand Tasting Village on Sunday,May 23,2021 • Sixteen(16)tickets to Italian Bites on the Beach(North Venue)on Thursday,May 20,2021 • Sixteen(16)tickets to Burger Bash(North Venue)on Friday,May 21,2021 • Sixteen(16)tickets to BubbleQ(North Venue)on Saturday,May 22,2021 • Sixteen(16)tickets to Closing Party(North Venue)on Sunday,May 23,2021 • Zero(0)tickets to Fun and Fit as a Family No ticket orders will be accepted by the Ticketing Manager and no Ticket Credits may be redeemed by Sponsor after Friday,April 16,2021 • Credentials. a. All workers,including those assisting with load-in and set-up,as well as any private photographer,videographer or other media-type personnel working directly for the Sponsor, must visibly display a valid credential at all times beginning on Thursday,May 20,2021. b. Sponsor's deadline to fill out the appropriate form to notify the Festival of use of photographer and/or videographer for Sponsor's own purposes is by Thursday,April 29,2021. • Press. a. All press must apply for access to the Festival through the Festival's Public Relations department no later than Sunday,April 18,2021. b. If Sponsor desires to use its tickets and/or credentials to invite press to cover the Festival,Sponsor must submit the press names to the Festival's Public Relations Director for approval no later than Thursday,April 29,2021. • Print and Media Recognition. Monday,February 1,2021, is the new deadline for Sponsor to timely submit its logo to the Festival per paragraph 8(Logo and Sponsorship Acknowledgement Guidelines)of the Agreement,in order to receive outlined recognition in the editorial pages of the Official Guide to the 2021 South Beach Wine&Food Festival. • Electronic Recognition. a. The Main Online Auction will take place from April 2021 through June 2021. b. Any logo recognition and link will remain on the Festival website from the Effective Date of this Agreement until July 1,2021. • Gifting.All promotional/gift items must be approved in advance by the Festival no later than Monday,April 12,2021. • Logo and Sponsorship Acknowledgment Guidelines.Any requested logo changes by Sponsor submitted to the Festival after Friday,April 2,2021 will not be guaranteed to be used for printed materials. • Dates of the Events:See revised appendices A,B,C,D,E and an added Event Appendix F. 4. Revised Exhibit"A". Exhibit"A" referencing rates for ads in the Official Guide to the 2021 South Beach Wine & Food Festival attached to the Agreement is hereby deleted in its entirety and replaced by the new attached Exhibit"A". 5. Ratification. Except as modified hereby,all of the terms,covenants and conditions of the Agreement shall remain in full force and effect and are hereby ratified and affirmed. Page 2 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One 6. Conflict. In the event of a conflict between the terms of this Amendment and the Agreement,the terms of this Amendment shall control. 7. Capitalized Terms.All capitalized terms used herein but not expressly defined herein shall have the meaning ascribed thereto in the Agreement. 8. No counterparts; facsimile signatures allowed. This Amendment may not be executed in counterparts. This Amendment, along with any and all Exhibits,may be signed electronically,and such electronic signatures shall constitute an original for all purposes. The parties represent and warrant that any person signing the Amendment has the authority to do so and that such signature shall be sufficient to bind Sponsor.This Amendment shall be considered signed if/when a party's signature is delivered by facsimile or e-mail transmission of a".pdf'for-mat date file,including via DocuSign.Such signature via DocuSign shall be treated in all respects as having the same force and effect as an original signature. By signing below, both parties represent that they had had the opportunity to review this Amendment and agrees with all of the terms and conditions contained herein.The duly authorized representatives of the parties hereby execute this Amendment as of the Effective Date. AGREED: AGREED: City of Miami Beach,Florida The Florida International University Board of Trustees: Raul Aguila David H.Snider Interim City Manager Assistant Vice President,Business and Finance City of Miami Beach,Florida Florida International University Date: Date: APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION 3- zi Gr Amey Oak Page 3 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EVENT APPENDIX A The Event: Event Name: •Goya Foods Grand Tasting Village featuring Grand Tasting Tents and Publix Culinary (an"Event") Demonstrations sponsored by Sub-Zero Group Southeast •Wine Spectator Trade Day presented by Beverage Media Group hosted by Southern Glazer's Wine&Spirits(Friday) Location: Grand Tasting at 13th Street and Ocean Drive,Miami Beach Date(s)of Event: Friday,Saturday&Sunday,May 21,22 and 23, Price Per Ticket: $225 2021 Time of Event: Friday 11 am—2pm;Saturday&Sunday 11 am-2pm Maximum Event 6,000 guests per day and 3:30pm—6:30pm Capacity': Terms related to this Event: 1. On-Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal recognition of the Event's sponsors by host or Festival representative.Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsor's logo will be included on the Festival's on-site Box Office during the weekend of the Festival. c. Sponsor's logo will be included on the back of the entrance truss at this Event. For example:"The City of Miami Beach(logo)thanks you for attending—see you next year!" d. Sponsor's logo will be included on sections of the scrim that surrounds the outside of this Event.' 'Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as part of its consideration in entering into this Agreement. If Sponsor re-brands or creates a new logo during the term of this Agreement and desires for the Festival to use the new logo in large format signs or other "long-lead"materials that Festival has procured for use over the course of multiple years,Sponsor will be responsible to pay for any re-branding of such large format signs or other long-lead items,should Sponsor desire for such items to be reproduced. Page 4 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EVENT APPENDIX B The Event(s): Event Name: Barilla's Italian Bites on the Beach hosted by Giada De Laurentiis (an"Event") Description: Location: Ritz Canton South Beach,Beachside, 1 Lincoln Road Date(s)of Event: Thursday,May 20,2021 Price Per Ticket: TBD Time of Event: 7pm—10pm;6:15pm VIP Maximum Event Capacity': 1,500 Event Name: Heineken Burger Bash presented by Schweid&Sons hosted by Bobby Flay (an"Event") Description: Location: Ritz Canton South Beach,Beachside, 1 Lincoln Road Date(s)of Event: Friday,May 21,2021 Price Per Ticket: TBD Time of Event: Session 1 5:30pm-7:30pm and Maximum Event Session 2 9:00pm—11:00pm Capacity': 3,000(1,500 per session) Event Name: BubbleQ hosted by Guy Fieri (an"Event") Description: Location: Ritz Carlton South Beach,Beachside, 1 Lincoln Road Date(s)of Event: Saturday,May 22,2021 Price Per Ticket: TBD Time of Event: Session 1 5:30pm-7:30pm and Maximum Event Session 2 9:00pm—11:00pm Capacity': 3,000(1,500 per session) Event Name: BACARDI's Best of the Fest hosted by Andrew Zimmern (an"Event") Description: Location: Ritz Carlton South Beach, Beachside, 1 Lincoln Road Date(s)of Event: Sunday, May 23,2021 Price Per Ticket: TBD Time of Event: 6:30pm—9:30pm Maximum Event Capacity': 1,500 Terms related to the Event(s): 1. On-Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event,and in any verbal recognition of the Event's sponsors by host or Festival representative. Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsor's logo will be included on the back of the entrance truss at this Event. For example: "The City of Miami Beach(logo)thanks you for attending—see you next year!" c. Sponsor's logo will be included on the pertinent chef stations signs for those chefs with restaurants located in Miami Beach. Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as pan of its consideration in entering into this Agreement. Page 5 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EVENT APPENDIX C The Event(s): Event Name: Fontainebleau Miami Beach presents Wine Spectator's Best of the Best (the"Event") Location: Fontainebleau Miami Beach,4441 Collins Avenue,Miami Beach Date(s)of Event: Friday and Saturday, May 21 and 22,2021 Price Per Ticket: $400 VIP $350 General Admission Time of Event: Bpm 11pm VIP Maximum Event 750 each day 8:30pm-11pm General Admission Capacity': Terms related to the Event(s): 1. On-Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal recognition of the Events sponsors by host or Festival representative.Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsor's logo will be included on the pertinent chef stations signs for those chefs with restaurants located in Miami Beach. Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as part of its consideration in entering into this Agreement. Page 6 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EVENT APPENDIX D Sponsor's In-Kind Contribution to the Festival A. Sponsor will waive the following City permit costs in an amount not to exceed,estimated to be valued at$120,102.24, related to the Grand Tasting Village,North Venue and any other City of Miami Beach Special Event-permitted venues that the Festival may use,and the Festival as a whole: i. Special Event-Application Fees ii. Special Event-Permit Fees iii. Special Event-Vehicle Beach Access Pass Fee iv. Special Event-Square Footage Fee v. Special Event-Lummus Park User Fee vi. Police Off-duty Administrative Fee vii. Signage Permits—as needed viii. Banner Permit Fee ix. Mini Billboard Permit Fee x. 20%Concession Fee Festival shall be solely responsible for payment to City for all the foregoing fees in excess of the not to exceed amount of$120,102.24 set forth above. Any unused credit remaining with respect to the special event permit fees waived pursuant to this Section shall be non-transferrable and cannot be used to offset any other Event-related costs or for any other purpose,except as set forth in(B)below. B. Should Festival host any additional events at new venues within the City of Miami Beach for which the fees listed above in Section A(i)-(x)are applicable,Sponsor will also waive the above fees to the extent such waivers do not exceed the amount of$120,102.24,as set forth in A above. C. Sponsor agrees to promote the Festival's special ticket offer to Residents of the City of Miami Beach as detailed in Opportunity Appendix E,Section G through the media assets listed below.Sponsor may use Festival-provided imagery in creating the promotions. Sponsor agrees to allow Festival to review the content of its promotions before such promotions are published by Sponsor. Sponsor will submit artwork directly to the Festival,and the Festival will approve or request changes within two (2) business days of receipt. Sponsor agrees to provide the Festival with artwork submission deadlines for all of the media listed below,at least 30 days prior to deadline: i. Listing in the Events Calendar on the Sponsor's website,www.miamibeachfl.gov ii. At least three(3)consecutive placement's in the Sponsor's electronic newsletter"This Week"or"E-Blast"and other Sponsor-owned electronic newsletters iii. Half-page(1/2)ad in the mutually agreed upon issue of MB Magazine,if applicable iv. Public Service Announcement(PSA)on MBTV(CH 77). D. If requested by the Festival,Sponsor agrees to provide Festival with corroborating documents related to the total value of its in-kind contribution. E. In recognition of the national and international media coverage of the Festival and the significant impact of this media coverage in promoting the City of Miami Beach as a premier tourism destination,Sponsor agrees,through appropriate staff as designated by the Sponsor,to recommend that the Greater Miami Convention&Visitors Bureau provide fiscal support to the Festival. Page 7 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One OPPORTUNITY APPENDIX E Non-Event Related Assets A. 80%of the Festival's total event attendance will be allocated to events that take place in the City of Miami Beach, bringing over 30,000 visitors to the city. B. The Festival will work with Sponsor on co-marketing opportunities to promote important Sponsor initiatives and ties to the Festival.Details on co-marketing opportunities to be mutually agreed upon by Sponsor and the Festival and will be executed by the Festival's PR and Marketing team. The Festival will provide Sponsor with the full marketing plan as soon as it is available. C. The Festival will provide Sponsor with four(4)Juicy Tidbits e-newsletter stories to promote City of Miami Beach events of Sponsor's choosing.Schedule and timing to be mutually agreed upon.Circulation of newsletter:380,000. D. The Festival will provide Sponsor with four(4)Facebook or Twitter posts to promote City of Miami Beach events of Sponsor's choosing.Schedule and timing to be mutually agreed upon.Facebook—50K,Twitter—22K. E. Sponsor will have the opportunity to place promotional material in the Festival's Official Hospitality Suite located in the Loews Miami Beach Hotel. The suite is open from Wednesday through Monday of the Festival and is the headquarters for VIPs,chefs,and seminar presenters. F. Residents of the City of Miami Beach will have the opportunity to purchase select tickets to Festival events at a discounted rate in a two-week pre-sale period in advance of the official public on-sale date. i. The opportunity will consist of a 15%discount applied to the purchase of a maximum of two(2)tickets to a choice of one of the Festival's large-scale events(over 200 guests)taking place in Miami Beach.These events include but are not limited to: Italian Bites on the Beach, Heineken Burger Bash, BubbleQ, Closing Party, Saturday or Sunday Grand Tasting Village, Wine Spectator's Best of the Best, or other large-scale events included within the Festival program. A list of the eligible Festival events will be provided to Sponsor each year. To obtain the discount,all tickets must be purchased with a billing address that includes a valid Miami Beach zip code—33139,33140 or 33141. ii. This discount cannot be combined with any other pre-sale promotions the Festival may be running during the pre-sale period. iii. Sponsor will promote this offer to its residents as being available for the one-week period prior to the official on-sale date(February 22—28,2021 To take advantage of the promotion,residents of City of Miami Beach must call 305.627.1173 during business hours, Monday to Friday (9:30 AM EST—4:30 PM EST), for the duration of the promotion,and have a credit card with a billing zip code in Miami Beach. Tickets will only be shipped to the billing zip code.Online ordering is not available for this pre-sale promotion. iv. The Festival's official on-sale date is March 1, 2021. Residents of the City of Miami Beach are invited to purchase tickets at regular price,on an as-available basis,for any Festival event after this time. v. Festival will inform Sponsor in a timely manner of any changes to Festival timelines that affect any of the above policies or timelines. Page 8 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EVENT APPENDIX F A. For the 2021 Festival only, Sponsor will reimburse the Festival for costs associated with City of Miami Beach Fire, Police, EMT, Meters and Permits in an amount not to exceed$162,333.The Festival must provide Sponsor with paid invoices in these categories and Sponsor will reimburse the Festival no later than 30 days following Festival's written request for reimbursement with supporting documentation or June 23,2021,whichever is later. Fire/Police/EMT $99,566.00 Meters $ 4,025.00 Permits $58,742.00 Total $162,333.00 B. For the 2021 Festival only, Sponsor agrees to provide the Festival with a rental waiver for the North Beach Bandshell on Sunday,May 23,2021. C. Festival shall be solely responsible for payment to Sponsor for all the foregoing fees in excess of the not to exceed amount of$162,333.00 set forth above. Any unused credit remaining with respect to the special event permit fees waived pursuant to this Section shall be non-transferrable and cannot be used to offset any other Event-related costs or for any other purpose. D. Sponsor funding shall solely be used to off-set Festival COVID-19 and City Services costs as set forth in this Event Appendix F.As a condition of payment of the cash sponsorship or any portion thereof,Festival shall provide the Sponsor with supporting documentation verifying and detailing the expenses to be reimbursed or covered by the Cash Sponsorship. Festival shall have no entitlement to any payment of the Cash Sponsorship, and Sponsor shall not disburse any funds to Festival, unless Sponsor has verified that the conditions set forth in this Amendment#1 have been met. Page 9 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EXHIBIT A Official Guide COOKING SOBEWFF A N N 4 t . •, A ii r OFFICIAL FESTIVAL GUIDE frtaA&curf oisTR113VT60 IN' Corr • The _J® ;New fork (Times M!erte...rv;e. FIU E,hc Iiiinini?itrat i gW6 BISCAYNET� w... • BOOKS&Booxs •0..„0 INDULGE 1401164 •• Ne limes • The Food Network&Cooking Channei personalities,winemakers and spirits :----- II r South Beach Wine&Food Festival producers in attendance,the Guide will 6 _ i presented by Capital One returns to South serve as the go-to publication for more �— - Florida fromThursday,May 20,through than 700,000 qualified readers. Sunday,May 23,2021,with a star-studded -�•. cast of characters.from world-renowned Readers will engage with the guide—which chefs and sommeliers to pastry chefs will have a 2.5r.pass-along rate—for all of I •E. and celebrity television personalities.all thee Festival needs,and a digital edition of e showcasing their talents for thousands of the guide will be seat to opt-in subscribers. Festival-goers ...,Y- .. ' Advertisers can enjoy special features iiii,..; ,.,;1 Attendees will enjoy one-of-a-kind events with the digital edition like live links to and interactive culinary experiences With advertisers'websites(display ad must . 0:4 over 100 events spanning four days and include an active URL/website address)more than 450 celebrated chefs,culinary + .i 'Swiect to chenpe h haves house Page 10 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One RATES & SPECIFICATIONS YtRTIrING RATESTICKET PURCHASER DEMOGRAPHICS Double page spread 512,875 &FESTIVAL STATISTICS Double page spread(non-sponsor rate)._ $17250 In 2020,the Festival held 100+events owth Full Page_ $7150 over 65,000 attendees Full Page(Non-Sponsor Rate) $9,500 Inside back cover . $7,725 HHI 41%attendees make$100K+ Inside back cover(non-sponsor rate) $10,250 Outside back cover $10,000 Age 71.5%between 26-55 Outside back cover(non-sponsor rate)_ 513.500 Male 42% Female 58% 'Sponsors rates only applicable to clients who are Representing 49 states and 32 countries official sponsors of SOBEWFF' Barter and/or trade rates are not applicable to the guide Any deviation from stated rates are subject to approval. 75%of ticket purchasers originated from South Florida s Miami-Dade,Broward,Palm Beach COLOR.DISPLAY_SPECS and Monroe counties Full Page(Trim) ?' x 9" Outside of Florida,ticket purchasers originated Full Page(Bleed) 725"x 9 25" from California,Illinois,New Jersey,New Live Area 65"x 85" York,Pennsylvania and Texas Double Page Spread(Tnm)14"x 9" Double Page Spread(Bleed).14.25"x 9.25" Total Festival website visits 647,482+ Live Area'1320"x820" Total Festival website page news 2,055,645+ CLOSING DATE,$ Deadline for Space reservation February S.2021 AQMATERJAL .OUtaFMENIS t Ads can be send in.PG or PSDformat although high-resolution Deadline for Materials February 12,2021 PM tiles are preferred An hies must be in Mgh-resokdion(300dpi at 100%of your ads dewed print dimensions)and CMYK if tiles are not provided as CMYK we cannot guarantee an esact match of color on press. 2 A cola proof must accompany the ad for all formols,otherwise Havas Hcu se dons riot aaxpt liablrty for files that do not pnnt to acpedations" 3 Live material not intended to bleed must tre kept at least 375-from Full Pa9c DOUBLE PAGE SPREAD all sides to atow for trim. 4 Special note on double-page spreads Perfect alignment—or Tull 1't TRIM.N't s" BLEEP 725'Xe: BLEED WAS eor' type or design—across the gutter of two faring pages Is not LIVE AREA 5'• Lf VS AREA:32')'.o.RTc" guaranteed Live material on facing pages should remain at least 2T from the gutter wacarret guarartba color a ttghquatty color pooh orb not Piovdxf Ttlam irt rota Kodak Approvers(Piafarred).EP sort Ina an Comatirrel tMMnenrt or sellar analog proo'swth a tour cortui bar Placa rete ttatan pools must ba made au:orcfrg to SWOP carrlrdc Roofs Catrin ret',ret theca u tbria carrot oa used for cc Ion rrashirg ADVERTISING INOUIRits ADVERTISING SU¢-MISSION Ewald Feces Marisa Boatel Ads may be submitted by e-mail, Senior Sales Director President&Publisher WeTransfer or Dropbox E efuchs@havashouseinc corn E mbeazet@havashouselnccom E gsanchez@havashouseinc corn T 786-347-4764 T 786-347-4712 1.111 havas Page 11 of 12 City of Miami Beach,Florida Food Network&Cooking Channel South Beach Wine&Food Festival presented by Capital One EXHIBIT B Page 12 of 12 City of Miami Beach,Florida �'COOKING SOBEWFF 20 A N N I V E R S A R V In accordance with CDC,Miami Dade County Guidelines and Florida International University Event Protocols,the South Beach Wine& Food Festival(SOBEWFF°) and the Chaplin School of Hospitality&Tourism Management is requesting approval to allow FIU students to volunteer to work these in-person events in an effort to earn scholarship dollars and gain valuable hands-on training in the hospitality industry.SOBEWFF®(Festival)events provide FIU students with real- world experience of what goes into coordinating and executing high-end luxury events with national personalities in a local setting. THE BELOW SOBEWFF° COVID-19 GUIDELINES WILL BE STRICTLY ADHERED TO AT ALL EVENTS TO MINIMIZE TRANSMISSION RISK TO ALL ATTENDEES,CHEFS,STAFF AND STUDENTS. 2021 SOBEWFF°COVID GUIDELINES These regulations, policies, and protocols will be continually updated and revised in accordance with on-going public health information and official guidance from the CDC,State of Florida Department of Health, Miami-Dade County,City of Miami Beach and Florida International University. As of October 5, 2020 SOBEWFF° will engage FIU Health to advise and approve the COVID-19 Guidelines and provide recommendations and on-site oversight. SOBEWFF° events will take place in as many outdoor and/or outdoor-rated event venues as possible. The Festival Wine Seminar Series is the only event slated to take place indoors. • CAPACITIES. Capacities will be reduced at all events and venues to allow for a maximum of 50%or less of venue capacity per current County guidelines—custom to each venue. All capacities will be venue driven and will comply with host hotel, restaurant or outdoor venue capacities; following County guidelines at all times. • REGISTRATION. Registration and the arrival experience at all event venues will be contactless. Digital ticket scanning and no person-to-person material(s) exchange or transfer will be permitted. Contactless PPE distribution will vary per event/venue and all FIU student volunteers will have a face mask and face shield at all times. Registration team will be wearing facemasks,face shields and gloves while performing scanning duties. Registration team will not have contact with any guest's paper ticket or with the guest's mobile phone while scanning. Scanners will be sanitized regularly and only be handled by registration team members.Sanitation of scanning equipment shall be done according to CDC Disinfection Guidelines. • STAFF HEALTH SCREENING at event venues to include symptom/temperature checks, confirmation of a negative RT-PCR test 3 days prior to the event, presentation of a cleared SymCheck QR Code, rapid result viral testing may be utilized as needed/required. Proper use of masks and gloves shall be required, and a strictly enforced,no tolerance, refusal of entry policy for those presenting symptoms or a positive rapid test result. Anyone presenting symptoms on arrival or testing positive will be denied entry. All staff will be required to present a negative RT-PCR test dated no earlier than 3 days prior to first on-site shift. • FIU STUDENT HEALTH SCREENING.FIU student volunteers will be fully monitored, required to participate in surveillance testing, required to complete daily health screenings and adhere to all health and safety rules, requirements,and in-place event protocols.Confirmation of a negative RT-PCR test 3 days prior to the event shall be required for entry.Guidelines will be included at the time of the test to remain vigilant to safeguards leading up to the event. As an additional layer of safety, rapid, viral testing may be utilized as needed/required. Masks, face shields and gloves are required to be worn, and a strictly enforced, no tolerance, refusal of entry policy for those presenting symptoms or a positive rapid test result. A positive COVID-19 test shall result in immediate removal. Immediate notification of a positive test shall be sent to Festival partner SymCheck. SymCheck will provide an immediate report containing the contact info of all persons checked into the same location as the positive guest or staff. This report shall be provided to any governing body that requires this info. If applicable, Festival staff will be available to assist with notifying individuals that may have been exposed. A positive test resulting from surveillance testing will require the student to immediately quarantine according to CDC guidelines. • GUEST HEALTH SCREENING at event venues will include symptom/temperature checks, proof of a negative PCR COVID test dated no more than 72 hours old, presentation of a cleared SymCheck QR Code, and a strictly enforced, no tolerance, refusal of entry policy for those presenting symptoms. Anyone presenting symptoms on arrival will be denied entry. • PPE. PPE will be required for all. Mask requirements during event operations will comply with official restaurant guidance and best practices, per County guidelines on pages 36-38. Strict enforcement of PPE rules and regulations per CDC guidelines will be implemented by Festival staff,venue staff, event managers and Festival Marshals.. Gloves will be required for all staff and face shields for service staff will be used as needed. Face shields and masks will be required for all FIU volunteers. Disposable face masks will be provided by the Festival and anyone arriving with an improper mask shall be required to wear the Festival provided mask. If a mask inadvertently becomes wet, a new disposable face mask will be provided immediately. • ARRIVAL AND ENTRY. Increased venue arrival/entry locations will be utilized to reduce gathering and crowd mass. Maximum capacity of the venue will be 50%or less,following County guidelines. • TRAFFIC FLOW. One-way venue flow lanes with on-site marshals directing flow routes to facilitate balanced audience movement and spacing will be employed. Signage will be abundant and directional language will be included in both English and Spanish. • SOCIAL DISTANCING.Social distancing as officially recommended by County Guidelines will be enforced and required at all times. Strict social distancing will be strongly encouraged with repetitive official messaging and exampling.On-site staff and marshals will be roving to continuously message the mask and proper social distancing mandate. • SEATING AREAS. SOBEWFF will provide an increased amount of dedicated guest seating areas. Tables and seats in the dedicated seating areas shall adhere to 6' separation of tables and will be limited to a max of 6 people per table. Only members of a single household shall be permitted to be seated together. Masks may be removed only when eating and drinking. • HIGH TOUCH SURFACES. Sanitizing and disinfecting of surfaces, contact points and guest areas shall be ongoing during operational hours. Sanitizing materials and products will be EPA and CDC approved for applicable uses. • VENUE SANITIZING. Complete venue sanitizing will be conducted in between sessions and at the opening and closing of each period of operation. Sanitizing will be in accordance with County Guidelines (Page 54) and will utilize cleaning products recommended by the CDC. • HAND SANITIZING. Abundant hand sanitizing stations will be located throughout event venues. Individual bottles of hand sanitizers will be provided for each Festival guest. Hand sanitizer will contain a minimum of 60%alcohol content as recommended by the CDC. • DISPOSABLES. Single use, sealed disposable utensils, food serving materials, vessels, beverage containers, and personal clean up products will be used at event venues. • SAMPLING. No shared,family-style, buffet or large format food service displays will be permitted. • PREMIUMS. All Festival-approved sponsor/partner-branded premiums, giveaways and materials must be individually wrapped and distributed to guests by a gloved staff member or sponsor representative. CDC guidelines regarding glove use shall be enforced. • DIVIDERS. Acrylic or plexiglass dividers will be installed where required, including at host talent activations/stations. • MEET&GREETS.All Meet&Greets for participating chefs and hosts shall be prohibited. No personal "meet and greets"with the audience or physical interaction of any kind. • RESTROOMS. Fully attended and supervised restrooms will be placed at all locations. Sanitation will be conducted according to County Guidelines(Pages 51 and 54),CDC Guidelines and will take place a minimum of every 2 hours. • SPATIAL DISTANCING. Increased physical spacing/distancing between all sponsor, exhibitor, supplier, restaurant/chef and partner activations will be implemented at all event venues and shall be maintained at a minimum of 6'apart and shall conform to County Guidelines. • SIGNAGE Event signage and messaging will be heavy and aggressive. Health and safety rules, requirements, proper mask wearing, removal and disposal instructions and hand washing /sanitizing guidelines will be posted frequently in all high-visibility event areas. Directional signage will be abundant and obvious and shall be produced in both English and Spanish. • REFUSE. Refuse and dedicated containers will be clearly marked and marshalled for proper disposal of used PPE. This waste will be treated as "Hazardous" and will be removed anc disposed of according to County Guidelines(Page 6 and Page 54) • STRUCTURES. Enclosed temporary structures will be conditioned with hospital-grade negative air scrubbers and air management systems. TERMS&CONDITIONS.All ticket purchasers shall be required to opt into acknowledging adherence to Festival COVID- 19 Guidelines before ticket purchase is complete.Terms&Conditions and Disclaimer language will be included on all credentials,tickets and on signage displayed at all events.This language shall be displayed in both English and Spanish. The Food Network & Cooking Channel South Beach Wine & Food Festival presented by Capital One ("Festival") is hosted by The Florida International University Board of Trustees ("FIU") and Southern Glazer's Wine & Spirits ("SGWS")(collectively, FIU and SGWS shall be known as the"Festival Organizers"):The amount of any tax-deductible donation associated with this Purchase will be provided upon request at a lateridate in accordance with applicable law,and shall benefit FIU's Chaplin School of Hospitality&Tourism Management in support of its capital,operational and student needs. Any purchase or possession of tickets (including wristbands and credentials, collectively, the "Ticket(s)") for the Festival constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein, by ticketholder as either the purchaser,custodian or bearer of the Ticket(s) (hereinafter referred to as "Holder", and/or"You"). Holder further acknowledges and agrees that the Festival may, from time to time, modify,add, remove,supplement,amend, update or otherwise revise any or all of the terms and conditions contained herein,without advanced,direct or individual notification to you and such revisions shall,at the sole and absolute option of the Festival, relate back to the date of purchase. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,DO NOT PURCHASE AND/OR USE TICKET(S). ALL SALES FINAL;NO REFUNDS, NO EXCHANGES,NO REPLACEMENTS; RESALE All events,prices,personalities, performances,venues,dates and times are subject to change without notice. All sales are final. This ticket will not be replaced, refunded or exchanged for any reason whatsoever. Pursuant to s.817.36, Florida Statutes,this ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Festival Organizers. ASSUMPTION OF ALL RISKS WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS, SUCH AS COVID-19, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued ("Event"), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease. Holder hereby voluntarily and expressly agrees to release Festival Organizers, including FIU, SGWS, and each of these two separate legal entities' respective officers, directors, owners, affiliates, employees and agents(collectively, "Organizer Representatives")acting by and through them,from any claim arising from or relating to the Event. Holder expressly agrees to INDEMNIFY AND HOLD HARMLESS the Festival, its directors, officers, employees,volunteers, agents, and representatives from any and all claims,demands,actions and costs which might arise out of Holder's participation in the Festival,even though such claims,demands,actions and costs may have been caused by the negligence of the Festival, its directors, officers, employees, volunteers, agents and representatives. Festival Organizers are not responsible for lost or stolen articles at the Event. AGE REQUIREMENTS All attendees must be 21 years of age or older(except for those family events specifically designated by the Festival, such as the Fun and Fit as a Family event,where age limit does not apply). BAG POLICY For everyone's safety, all attendees must abide by the Festival's Bag Policy, found at https://sobewff.orgJbagpolicy. Attendees will not be permitted to bring non-approved bags into Festival Events under any circumstances. NO PETS ALLOWED.ONLY SERVICE ANIMALS PERMITTED Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice. INCLEMENT WEATHER/FORCE MAJEURE Festival Organizers shall have no responsibility, financial or otherwise,for Event and/or Festival cancellation, delay or interruption due to inclement weather or other acts beyond its control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Festival in its sole and absolute discretion as provided herein. Upon the occurrence of the Event and/or Festival cancellation due to reasons, including but not limited to,events outside the Festival's reasonable control,acts of God, public health emergencies (including, but not limited to, as a result of epidemics and pandemics); riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction, Festival shall, at its sole and absolute discretion(a) have the right, but not the obligation,to issue a refund to Holders,OR shall at its sole and absolute discretion, (b)elect to postpone the Event and/or the Festival OR(c)cancel the Event and/or the Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival's cancellations. If the Festival elects to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees. RIGHT TO USE YOUR NAME,VOICE,IMAGE AND LIKENESS By using this ticket, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph,film,tape,aural devices and any other method or device)the Holder's name,voice,image and likeness while at the Festival(the"Recordings")and publish,print,display, or use such Recordings for any and all purposes,in any and all media now known or hereafter devised. No cameras or recording devices are permitted at the Event,except as approved in advance by the Festival Organizers. DRINKING POLICY As responsible members of the community, Festival Organizers recognize the concern about drinking and driving,and its policy is to encourage responsible consumption of products at the Festival. Attendees who consume alcoholic beverages must do so in a responsible manner. If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation(at Holder's cost)to Holder's destination point. Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving. Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue,as appropriate,from any liability related thereto. CODE OF CONDUCT Holder acknowledges that, in addition to other Festival's rules and requirements, the Festival has put in place preventative measures and rules to reduce the risk of spread of COVID-19; all of them set forth in the Festival's Code of Conduct, found at: https://sobewff.org/about/terms-privacy-policy/. All attendees (including ticket holders, sponsors,speakers,media,exhibitors and other participants) must abide by the aforementioned Festival's Code of Conduct at all times. Anyone found to be in violation of any of such terms will be asked to immediately leave the Event, without refund. ACCOMMODATIONS If you have a disability and need an accommodation in order to participate in the Event,please contact the Festival at (305)6274742 or info@sobewff.org at least three(3)days prior to the Event.TTY users,please call 711(Florida Relay Service)or visit https://www.ftri.orgjrelay for a list of dedicated toll-free numbers for each call-type that you can utilize to connect to us via phone. In all situations,a good faith effort(up until the time of the Event)will be made to provide accommodations. New Business and Commission Requests - R9 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Mayor Dan Gelber DATE: January 13, 2021 3:00 p.m. SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE 2021 SOUTH BEACH WINE AND FOOD FESTIVAL, RESCHEDULED TO MAY 20-23, 2021, AND THEIR REQUEST FOR FURTHER FINANCIAL SUPPORT BY THE CITY OF MIAMI BEACH BY WAIVING FEES FOR FIRE/POLICE/EMT, PARKING, AND PERMITS, AND DISCUSS AND TAKE POSSIBLE ACTION REGARDING SOBEWFF'S REQUEST FOR A RENT WAIVER FOR THE USE OF THE NORTH BEACH BANDSHELL ON MAY23. SUPPORTING SURVEY DATA N/A Applicable Area Citywide 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 Legislative Tracking Mayor Dan Gelber Page 1889 of 1954