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Miami Beach Fitness Festival 2023 Sponsorship Agreement JAN 2 5 zut3 2022.- 2.3(3 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 . scankd Miami Beach Fitness Festival 2023-SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this 11 day of January , ("Effective Date"), by and between the City of Miami Beach, Florida, a Florida municipal corporation, with offices at 1700 Convention Center Drive, Miami Beach, FL 33139(the"City"),and 600 BC—MBFF 2023, LLC a Florida Limited Liability Company, with offices at 123 SW North River Drive, Miami, FL 33130 ("Event Organizer") (altogether, the "Agreement"). WITNESSETH WHEREAS, the City desires to sponsor the Miami Beach Fitness Festival (the"Event"), a special event scheduled to take place primarily in Lummus Park between 6th and 9th Streets, as more particularly shown on attached Exhibit "A" (the "Event Site"), on Miami Beach, from Thursday, March 23rd h through Sunday, March 26th 2023, as more specifically set forth in Exhibit"A"attached hereto and incorporated herein by reference; and WHEREAS,the Event Organizer shall produce the Event,a premier International Fitness Festival, showcasing elite and amateur athletes from around the world, providing a singular experience for our partners to engage,activate, and amplify their brands by leveraging valuable and custom-built partnerships with recognized leaders in the fitness industry; and WHEREAS, on October 26, 2022, the Mayor and City Commission adopted Resolution 2022- approving the Administration to engage and contract various entities with special event sponsorship incentives for the month of March 2023 funded by the approved and budgeted $3,200,000.00 from the Resort Tax High Impact budget; and WHEREAS, the sponsorship includes waivers of special event application, permit and square footage fees and a sponsorship of up to $600,000 to reimburse Event Organizer for third-party event production costs artist fees and city services; 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. Incorporation of Recitals. The above recitals are true and correct and are incorporated by reference herein. 2. Term. 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 Production. 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 always agree that the Event shall be known and promoted under the title of the "Miami Beach Fitness Festival." Event Organizer is solely responsible for the production and operation of the Event and will provide the appropriate personnel to produce the Event in a safe manner. The City is under no obligation to fund subsequent related events. 1 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 4. The Event. The term "Event" as used herein shall include the event designated above and as set forth in Exhibit "B." Any material change to the Event's schedule or scope must be submitted in writing by Event Organizer to the City. Event Organizer shall not have access to the Event Site outside of the City approved hours (including load-in and load-out hours) as specified in the Special Event Permit. City shall provide access and use of the Event Site to Event Organizer between March 9-March 23,2023, and March 27th, 2023-March 31st, 2023, for the sole purpose of load-in and load-out of the installations and production equipment used for the Event. 5. Sponsorship Funding. Subject to Event Organizer's compliance with its obligations under this Agreement, the City shall provide Event Organizer with sponsorship funding in an amount not to exceed a total of$600,000 for the Event contemplated in this Agreement. No other amount shall be paid to the Event Organizer(including reimbursable expenses). The Event Organizer will be paid in installments in the manner set forth below, and, where applicable, conditioned upon submission of satisfactory invoices and other documentation substantiating third-party expenses paid by Event Organizer corresponding to the applicable installment as outlined below. Final payment shall also be conditioned upon Event Organizer's submission,and the City's acceptance, of the final report referenced in this Agreement as well as the additional conditions indicated below. Payment #1: One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) (approximately 25% of the fixed fee) to be paid upon the signing of the Agreement and receipt and approval of documentation (e.g., invoices, cancelled checks, photographs) satisfactory to the City that the Event Organizer has incurred third-party expenses in an amount of at least$75,000. ii. Payment#2: One Hundred Twenty Thousand Five Hundred Dollars and No cents ($120,000.00) (approximately 20% of the fixed fee) to be paid upon the upon receipt and approval of documentation satisfactory to the City that the Event Organizer has incurred third-party expenses in an amount of at least$270,000 in the aggregate. iii. Payment#3: One Hundred Twenty Thousand Dollars and No Cents($120,000.00) (which is approximately 20% of the fixed fee) to be issued upon receipt and approval of documentation satisfactory to the City that the Event Organizer has incurred third-party expenses in an amount of at least$390,000 in the aggregate. iv. Payment #4: Ninety Thousand Dollars and No Cents ($90,000.00) (which is approximately 15%of the fixed fee)to be issued upon successful installation of the Project and receipt and approval of documentation satisfactory to the City that the Event Organizer has incurred third-party expenses in an amount of at least$480,000 in the aggregate. v. Payment #5: One Hundred Twenty Thousand Hundred Dollars and No Cents ($120,000.00) (which is approximately 20% of the fixed fee)to be issued upon successful unloading of all staging and equipment associated with the Event(unless the City specifies otherwise), the clean-up of the Event Site so that it is in the same or better condition as it was when the Event Organizer took possession thereof, and receipt and approval of documentation satisfactory to the City that the Event Organizer has incurred third-party expenses for the Event in an amount of at least$600,000 in the aggregate. 2 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 6. Financial Responsibility. 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 event participants for prize money payments, or to any third party for any aspect of the production of the Event. Further, City shall not be a party to any independent contracts that the Event Organizer may enter with other organizations, contractors, or participants in the Event and/or supporting activities, nor shall City be liable to such third parties. Event Organizer shall not represent that it is an agent, official, authorized representative, or employee of City. 7. Warranties. Event Organizer warrants and represents that it has, or shall obtain prior to the Event, all necessary rights, authority, licenses and permits necessary to enter into this Agreement and to produce the Event, 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 produce 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 sponsorship funding described in this Agreement, and the mutual promises made herein, City shall receive sponsorship recognition on all media or promotional platforms related to the Event, as set forth in "Exhibit C." 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. In addition, Event Organizer agrees to the following: o "City of Miami Beach" official name inclusion as title partner to be included but not limited to all announcements, promotional materials signage, and on-site collateral o City recognition on all press releases and coverage pitches o City of Miami Beach logo on all collateral materials o Expansive marketing plan with local and global reach to drive wellness tourism o Opportunity for City representatives to speak at event opening ceremony o City recognition on medals and participant apparel • On-Site Branding o Dedicated real estate for brand activation o Logo/Brand integration(print and digital)throughout Festival: o barricade banners o entry and exit features o LED displays throughout the Event o athlete, staff, and volunteer credentials o printed tickets o wristbands o Opportunity for two City Officials to speak at the"MBFF Experience" area (subject to Event Organizer's approval) o Opportunity to display commercials and other audiovisual materials to market the City on all on-site LED's, including the competition stages, athlete warm-up areas, and vendor village—a minimum of forty(40)times throughout the Event. 3 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 • Hospitality o In addition to staff credentials, twenty(20)Weekend Festival Passes, and five (5) VIP Festival Passes to be utilized and distributed at City's discretion o Receipt of an all-access"media" credential, which grants credential-holder access to the competition floors and athlete areas for purpose of content production • Public Relations o Official Festival Partnership status recognition in all Event Communications, Press Releases and/or Media Alerts • Content Generation o MBFF to create promotional video highlighting The City of Miami Beach presence at any concerted marketing efforts during festival o A minimum of one scheduled event at the Event to be presented by the City of Miami Beach • Digital and Social Media Benefits o Primary feature on the Event website including primary focus on Partner's Page with an embedded link o City of Miami Beach featured on Homepage News Slider for up to three (3) months of partnership year, to promote any City initiatives o City of Miami Beach featured on Event digital advertising efforts o Dedicated social media posts via Event social channels: o Instagram o Facebook o Twitter o YouTube o Vimeo o Opportunity to develop/activate brand#hashtag to be used across the brand's social media platforms promoting property sponsorship and consumer engagement (Subject to Event Organizer's approval) • Off-Site and Traditional Branding Benefits o Logo displayed on all outdoor Media Buys leading up to and during event weekend: o Billboards o Light Pole Banners o Bus Benches o Logo featured on all Event posters and palm-cards distributed to affiliates and local businesses 9. Public benefit program. Event Organizer shall provide a public benefit program to create a positive impact to the City of Miami Beach. The Event's public benefit program shall include the following, wherever permissible and applicable within the Event footprint: City Residents& Employees: o Complimentary advance spectator tickets for City residents with access to competition &vendor/partner village O 25% discount for concert tickets 4 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 0 2 Complimentary VIP packages for City administrators accommodating up to 20 total guest tickets 10. Final report.The Event Organizer must provide,within 30 days of the completion of the Event, a Final Report, detailing the following: A. Third-party verification of Event outcomes including, without limitation, event attendance figures with proven method of collection, media impressions generated by the event, photos and videos of the event, and number of City of Miami Beach hotel room nights generated by the Event. B. The implementation of the sponsorship benefits and public benefit program, including statistics relating to how many residents were served, and how this program was marketed and communicated to the residents; and C. Vendor and community feedback. 11. Marketing. 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 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. City Logo. Event Organizer will use logo provided by City on all Event-related advertising. This includes local television partners, social media campaigns, radio efforts, and local newspapers. All promotional materials which include the City's name or logo, including, without limitation, advertising, telecasts, signage and social media publications, not previously approved for distribution, shall be subject to City's prior written approval within forty-eight (48) hours of receipt, which approval may be withheld at City's discretion. Event Organizer shall cease using all logos or other City marks upon the expiration of the Term. Additionally, City reserves the right to require the removal of its logo/marks from any promotional materials. For approvals, please send all collateral to the Director of the Tourism and Culture. This paragraph shall survive the expiration of this Agreement. 13. Event Organizer Responsibilities. 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 beverage sponsorship 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 and/or proceeds associated with Event-related ticket, concessions (food and beverage), 5 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 sponsorship, apparel and/or product/membership sales. D. Event Organizer shall keep the City apprised, on a monthly basis (on a weekly basis commencing 30 days prior to the load-in for the Event), of its progress with respect to the activation of the Event. City, at its sole discretion, may monitor and conduct an evaluation of Event Organizer's implementation of the Event. Event Organizer agrees to cooperate with City to promptly address any deficiencies or concerns the City may have in connection with the Event. E. Event Organizer hereby grants City a non-exclusive, gratis license and right to use the title of the Event or any footage of the Event, in connection with any City produced publication, including the City produced magazine or any City media outlets, such as MBTV. Event Organizer represents and warrants that it has all necessary rights from any and all third parties to grant the foregoing license to the City. This section shall survive the termination or expiration of this Agreement. 14. Insurance. Event Organizer shall purchase and obtain and maintain throughout the Term such insurance against such risks as is customarily carried by event producers with respect to productions similar to the Event, including, without limitation: A. commercial general liability insurance (including, but not limited to, host liquor liability, blanket contractual, commercial operations, broad form property damage, explosion, collapse and underground hazard), and automobile insurance, insuring against all liability of Event Organizer and Event Organizer's officers, employees, agents, assignees, designees, delegees, licensees and invitees arising out of, by reason of or in connection with the production of the Event,and specifically insuring performance of Event Organizer's duty and obligation to indemnity the Indemnitees pursuant to Section 16 of this Agreement, on a form no more restrictive than the latest edition of the standard occurrence Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office ("ISO") without any restrictive endorsements other than those required by ISO or the State of Florida or the following: (A) Mold, fungus or bacteria; (B) Terrorism; and (C) Sexual Molestation. The minimum limits (inclusive of amounts provided by an umbrella or excess policy)shall be: $5,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury or Advertising Injury Liability $ 100,000 Damage to Property Rented to Event Organizer $ 5,000 Medical Payments The City of Miami Beach, Tom Bercu Presents, Inc. and their respective officers, employees and agents shall be named as"Additional Insureds"; B. workers' compensation/employers' liability insurance which shall cover Event Organizer for those sources of liability which would be covered by the standard Florida workers' compensation policy. Subject to the restrictions of coverage found in the standard workers' compensation policy, there shall be no maximum limit in Event Organizer's workers' compensation/employers' liability in the amount of coverage for liability imposed by the Florida Workers' Compensation Act (or its successor),or other 6 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 coverage customarily insured under Part One of the standard workers' compensation policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standard workers'compensation policy(inclusive of any amounts provided by an umbrella or excess policy)shall be: $1,000,000 Each Accident $1,000,000 Disease— Policy Limit $1,000,000 Disease— Each Employee 15. Compliance with Special Events Permit and Applicable Law. Event Organizer shall obtain all applicable federal, state and local approvals, permits and licenses relating to the Event and any activities related thereto, including without limitation a Special Event Permit from the City. Event Organizer shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code") and shall comply with any federal, state, county or City Code requirement applicable to Event Organizer or to the Event Organizer's operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s)that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City. Event Organizer shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Event Organizer. Further, Event Organizer agrees to comply with the terms and conditions of any lease, contract, or other grant agreement that Event Organizer may have separately entered into with the City, if any ("Other City Contracts.). Any failure by Event Organizer to comply with any provision of the City Code applicable to Event Organizer, or any breach or default by the Event Organizer of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure 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 defend, indemnify and hold harmless the City, Tom Bercu Presents, Inc. and each of their respective officers, employees, agents, and contractors (collectively, "Indemnitees"), 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 any Indemnitee 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. 7 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 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: C.1. not to sell, use, provide food in, or offer the use of expanded polystyrene food service articles at the Event. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Event Organizer; and C.2.not to sell, use, provide food in,or offer the use of single-use plastic beverage straws or single-use plastic stirrers at the Event. 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 provide a beverage with, or offer 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. 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. Type text here • 8 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 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. 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. 21. Inspector General Audit Rights A. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of 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 9 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to 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. D. 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. E. 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 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. F. 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. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Event Organizer or third parties. 22. No Discrimination. Even Organizer also accepts and agrees to comply with the following Special Conditions: 10 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 A. Event Organizer hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. B. Event Organizer hereby agrees that it will comply with City of Miami. Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, and as amended from time to time, prohibiting actual or perceived discrimination in employment, housing, public accommodations, or public services on the basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital status, financial status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA)to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that sponsorship recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 23. Florida Public Records Law. A. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if Event Organizer meets the definition of"Contractor" as defined in Section 119.0701(1)(a), Event Organizer shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if Event Organizer does not transfer the 11 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 records to the City; 4. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Event Organizer or keep and maintain public records required by the City to perform the service. If the Event Organizer transfers all public records to the City upon completion of the Agreement, Event Organizer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Event Organizer keeps and maintains public records upon completion of the Agreement, the Event Organizer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. D. Request for Records; Noncompliance. 1. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Event Organizer of the request, and Event Organizer must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2. Event Organizer's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. 3. If Event Organizer who fails to provide the public records to the City within a reasonable time, it may be subject to penalties under s. 119.10. E. Civil Action. 1. If a civil action is filed against Event Organizer to compel production of public records relating to the City's contract for services, the court shall assess and award against Event Organizer the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that Event Organizer unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Event Organizer has not complied with the request, to the City and to Event Organizer. 2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to Event Organizer at Event Organizer's 12 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 address listed on its contract with the City or to Event Organizer's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 3. If Event Organizer complies with a public records request within 8 business days after the notice is sent, it shall not be liable for the reasonable costs of enforcement. F. IF EVENT ORGANIZER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EVENT ORGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 24. Entire Agreement. 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. 25. Governing Law; Venue. This Lease shall be governed by, construed under and interpreted and enforced in accordance with the laws of the State of Florida without regard to its conflict of laws principles. THE PARITES HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA IN CONNECTION WITH ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS LEASE AND THE TRANSACTIONS CONTEMPLATED HEREBY,AND HEREBY AGREE NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE IN ANY SUCH SUIT, ACTION OR PROCEEDING THAT THE SUIT,ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED BY SUCH COURTS, AND EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY SUCH MATTER 26. No Other Right or Privilege. 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. 27. No Joint Venture. 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. 28. Citv's Right to Suspend Activities or Remove Persons from Event Site. The City 13 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 Manager shall have the authority to suspend all or any part of the activities of Event Organizer when, in the City Manager's sole judgment and discretion, such activities may be or are detrimental to the public or to the City, or if the City has reason to believe any law or ordinance is being violated by Event Organizer, its agents or employees, which conduct is not corrected within forty-eight(48) hours of written notice to Event Organizer. City reserves the right through the City Manager, to suspend or terminate use of the Property if visitors become unruly, and to reject any sponsor, presentation, material or item which is or may be, in the sole opinion of the City Manager, hazardous, offensive, immoral or disparaging to the image of the City, or to any person or group of persons.The decision of the City Manager in such regard shall be final, binding and conclusive. 29. Notices. Whenever any party desires to give notice to any other party, it must be given by written notice sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place designated below and the place so designated shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the parties designate the following as the respective places for giving notice: CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager EVENT ORGANIZER: 600 BC— MBFF 2023, LLC. 123 SW North River Drive, Miami, FL 33130 30. Corporate Status.This Agreement shall automatically terminate if,within thirty(30)days from execution of this Agreement, Event Organizer does not provide City with proper certification from the State of Florida that Event Organizer is in good standing and has registered to do business in the State of Florida. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 14 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Z4L1L/CAI City lerk ity Manager p� q a�f\\N\N\\\IIIII I IAM 2 4 7073 APPROVED ' r"1 B cy41 Date: F06itu9&LANGUAGE = &FOR EXECUTION f+o 'vl NOMUTED! 1213W2022 e..o y •• OilyeAttomeli I4720: FOR EVENT ORGANIZER: 600 BC—MBFF 2023, LLC. ATTEST: Emilio Guerra Francisco Ruiz By: 7 • Emilio J Guerra, Mgr Francisco J Ruiz, Dir Print Name and Title Print Name and Title Date: 1/11/23 15 DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 EXHIBIT"A" EVENT SITE 16 *ewe....MF,R,FA.M.»...E2.R..R @DUCE pllin,H@ 1 10 _. - - -9 ST- 8 ST I�}w,,. 6 NTICOSbCEAN ATLANTIC OC N SITE PLAN A T L A .:. —___ OCEAN N N 1•=50 FEET n .. ., ._. —J Q'TOT/lLNGTI ZONE"A' I � M > ZONE ^ I— EMERTABIMEMZONE CO NOW A 220'FENCED 10 IOS,D05F LU 4E0-O PE (�NLF 7 LL co 8 CONTROL OVERFLOW I ,.I I . ••1 .L.•Low I -,I i o Cl) Q • AREA T FNLRY WEDS IIF OW PR vi y z 0 ('/) Mr REFERENCE ORAWWG - COODDUPON ON, 'O I O ENTRY NO DATE OR •I— EL. N STRUCTORE ISM FOOT DESIGNER NOTED W } • I TSi uWWEI CLEAR - . .. .. Z T 03 co ._ EN NY 4 " J V ENi,..4 au OR4GMTOM - .. .v E' O OPEN AIR W CO N ...y....l-.. OPEN niR ASSFIABEY STAGE NNEA IN BOK b 1-912 - I I— ~ N I 'NZ — B.000 PERSONS troY , - yi Q Ca Z — .ACaO \ "y�e V. '• ' Q w Q I SSEEATED P.N.S a 2 CLEAR ) • Fc ._ — 1 2E FIRE ERNE .",�METRO.. 3I FIRE LANE RESTRooMe I. SSy F i —'R Epp�� FF�1�E E[,� I I I 1 -..,�. I' I I,. I — + -- STAID.22 1 Event IRt ,IE FIRE DINE ___ JI CAD SAC„ 9 Plans ACCESS L•.0 TM: 305.7/E.7285 1000 BLOCK ENTRY '9 900 BLOCK SEA OATS 800 BLOCK k0� '�R SEA OATS ,FA OATS F SEA OATS SLAUALb ;EAOALS II 10 WEST SIDE FIRE LANE 9 25'FIRE LANE ,90 i 1n g e O ST Q SANDAREA ,SAND 71 ° PERMIT SET �� RT AREA Al:p \ FnxE Lu nAHEf. WESNW 9 ST 8 S EVENT AREA ZONE A i %• ' OVERLAY COORDINATION DRAWING ▪• E +AVP BOX DAWING-DATE UN-MARKED EVENT CAD PLAN-R. 2. " `MIR NAON EEACNFRONT SOO TO EEO BLOM Y Tm OCEAN DRIVE 9 r Enry SITE PLAN FITNESS I MUSIC FESTIVAL INSTALL TEMPORARY STRUCTURES FOR USE OF SPECIAL EVENTS �" ..,,,. -- INSTALL TEMPORARY GENERATOR 1� ---• EMI GUERRA TEMPORARY OCCUPANT LOAD tl' ... SP 101 SITE CONTACT. _ TEMPORARY RESTROOMS INSTALL: 2023 23 9 AM TEMPORARY FENCE REMOVE BY 10 0 PM1/10/2023 9:25:15 AM 0a4E PlIZAH2 — 9ST 8ST 7ST 6ST M TLANTIC OCEAN CCV J ATLANTIC OCEAN u — 9 BEACH SIDE 7 LL O ZONE C•REIMERS• Q Cn (.- ARP COMMON __ SOO'TOTAL LENGTH"B" CO O r.. -_.. — _._.._ --._._ W 0_ ea #.N _,N-mF ZONE en iWO SOD EE DRRPEC NE Z >' M O PM REFERENCE DRAWING --.__ ( NMI S1i06lMED } NI " 70.0005E w c°NNO DATE OOFRF I.1 �1:1-1 ••• _- .-__. - -- SMI-o FENCE.-- -- E I CV ? IRS DESIGNER NOTED t } -_- Ia•w! -.... -.. ..K.M. I -I I -I- I I 1 I DO EO F oeERAmro VI .•tin ,r-n CLEAR A F m ., .� eer ? Q N MAIN BON ZONE q oo.. • .-xz— ._.. — ...� --b ,+ s m Z N Iw 9yN��yp�E�.Fqp sFµ = SELENGENCV wo wo ur1Ts 9FatD c 2 (n U ' ® �T ' . %NAM fNTR`I r Access SE MarAREAFNTIIr i eQ e� MTRONS rep-. ®d. E—� low �t.DR —, = a RTROCN9 Io.i I 1 _ ----- =�" ��. _:- .�.,.. I•�I h1 ImI Event :SFlREUNE ----__ 3DNrov,,l� 3tl1Gsx ::FER.LANE BEACH.SIDE FIRE LANE SSFlR[ .BR CAD 7 Plans TeL 305.771.7285 S 800 BLOCK 700 BLOCK 600 BLOCK ,,,,'-°T" IMk• EreRNCADgrRR.am . SP.OATS -T`- SEA OATS SEA OATS SEA OAi S SEA oATs i y< SCA T rS Scy OAT. "� SEA C'A°9 _E,JAT S S00 BE c — 25'FIRE LANE 25•FIRE LANE i am WEST SIDE FIRE LANE I 1 • LL (I) • • • Ht' N° PERMIT SET Y �1kE'. s ST . ST POE REFERENCE DRAWING ST - ls(.AS f ___ SITE PLAN coowN9noN ON, - , F•.50 FEET • NO DATE OR I /plFM3'' /,. • i;I�- - -3 .".� �...-�._.. .. .. DESIGNER NO. • , / . , • .. EVENT AREA ZONE B 8,C i�. OVERLAY COORDINATION DRAWING •.^.•'?W s:4<'r^ +AVP BOX DAW ING-DATE UN-MARKED EVENT DAG PLAN• S mac.:xI NEAGN MACHFRONT eoo TO I0 eEODN ROD OCEAN DRIVE .."17FILe SITE PLAN ..... ............... -. ......._..—_. INCti.Ro ` SDLQ.'IM_D'ATILIV/CUNE vM.h�Mr! I ar ' nlxo FITNESS/MUSIC FESTIVAL INSTALL TEMPORARY STRUCTURES FOR USE OF SPECIAL EVENTS "R — INSTALL TEMPORARY GENERATOR ...., �` EMI GUERRA TEMPORARY OCCUPANT LOAD 'F'4Y.,.• SP I 02 9 5,TE CONTACT _ TEMPORARY RESTROOMS INSTALL 2023 9 AN TEMPORARY FENCE REMOVESV. 2029 9 PM y 1/10/2023 9:15:11 AM DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 EXHIBIT "B" EVENT DETAILS Preliminary Event Schedule is included; additional details to be incorporated as schedule, sponsors and production details are finalized (subject to City approval). MBFF—Concert Series Thursday—Sunday: 3 p.m. - 11 p.m. HYROX Competitions Friday: Packet pick-up, Expo Community& School Programming Saturday: 7 a.m. - 9 p.m. Sunday: 7 a.m. - 9 p.m. Mobilization: Set-up/Load-in: Commencement: Mar 9, 2023 Load-out: Completion: March 31, 2023 17 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 EXHIBIT "C" SPONSORSHIP/MARKETING BENEFITS: o Event shall have a robust marketing plan with national/international reach, with a copy of the plan to be supplied to the City of Miami Beach Office of Marketing&Communications o Miami Beach name must be included in official name of the event and within the logo lock up. Should the name not appear in the logo lockup, the Event must recognize the City of Miami Beach as a top tier partner in all announcements, posts, coverage and other,where event name is used. o City name recognition/logo to be prominently displayed on promotional materials including press releases, and all printed (stage banners, programs, site signage), social and digital collateral. o No press releases, public announcements or public disclosures relating to this Sponsorship or its subject matter, including but not limited to promotional or marketing material, shall be made public made by the Event without the prior written consent of the City. o The Parties agree not to use the other Party's name or Event names in any promotional material or public announcement without prior written or oral consent of the other. o Event Organizer agrees to make every effort to make themselves available for photo calls and/or interviews with press or broadcasting agents with a minimum of twenty-four(24) hours' notice to any media event. o Event Organizer agrees to include a media/interview clause in any third party agreements executed between the Producer and Artists, including requirements for photo calls or media interviews, including a City photo op and up to one-minute promo video to be recorded by the City of Miami Beach for archival and promotional purposes. o Event Organizer agrees not to book any Artist that will be performing within a 100-mile radius of Miami Beach, FL within ninety(90)days prior to the Event, without City's prior approval. o Opportunity for City representative to speak at all press conferences and ribbon cutting events o Event to make City aware of all press events with at least twenty-four(24) hours' notice. o Event Organizer shall provide the City with all video and photography, captured by Event Organizer, or its designated production team, from the Event, for archival and promotional purposes, and grants City a non-exclusive license to the City for its use. o City to be allowed to have two(2)photographers and two (2)video operators within the event site, including any space dedicated to media. o Event to provide the City with up to ten (10) complimentary General Admission tickets and four(4) VIP tickets (if available)to be contested away on City owned social media/digital channels. o Event to provide working passes for all City Marketing and Communications staff who will be working the event. City to provide a confirmed list of individual names no later than seven (7) days before the Event date. o Event to tag @miamibeachnews (IG, Twitter)or @CityofMiamiBeachGovernment(FB) in all social media posts o Event to use#MiamiBeachLive on all social media posts. o Producer to promote the Event on all Event Organizer owned social and digital channels, starting at least one month prior to Event start date. o Dedicated City, non-sales specific, spotlight Instagram posts. o Dedicated City, non-sales specific, spotlight Tweets on Twitter. o City name recognition/logo on step&repeat banners. 18 DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 r - RESOLUTION NO. 2022-32363 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY ADMINISTRATION TO ENGAGE AND CONTRACT WITH VARIOUS EVENT PRODUCERS AND PROVIDE SPECIAL EVENT SPONSORSHIP INCENTIVES FOR MIAMI BEACH LIVE! CULTURAL AND WELLNESS PROGRAM ACTIVATIONS IN LUMMUS PARK AND THE ART DECO CULTURAL DISTRICT FOR THE MONTH OF MARCH 2023, TO BE FUNDED FROM THE PREVIOUSLY APPROVED RESORT TAX HIGH IMPACT BUDGET IN THE AMOUNT OF $3,200,000; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ALL AGREEMENTS IN CONNECTION WITH THE MARCH 2023 CULTURAL AND WELLNESS PROGRAMMING. WHEREAS, the City of Miami Beach produced the first Miami Beach Live!, a month-long celebration in March 2022 that featured a variety of exciting activations and live events designed to engage all five senses; and WHEREAS, every Friday through Sunday from March 1 - March 29, 2022, Miami Beach Live! hosted an exciting and diverse lineup of programming in and around Lummus Park and the beachfront areas from 10th to 13th Streets, where locals and visitors enjoyed thematic weekend programming - including Dance, Pop; International, and Symphonic/Broadway-across an array of music, arts, culture, and culinary offerings; and WHEREAS, on May 17, 2022, at the Finance and Economic Resiliency Committee (FERC) meeting, the Administration presented an after-action of Miami Beach Live! to provide the results of the activation and future activation in the Lummus Park area; and WHEREAS, while Miami Beach Live!was successful, the consensus at FERC was for the Administration to work on a parallel track to incentivize a large-scale event or festival to create an activation that would take over the footprint of Ocean Drive, Lummus Park, and Art Deco Cultural District in March 2023 and 2024; and WHEREAS,the Administration considered the lessons learned from the Miami Beach Live!2022 program, and it was compared with successful annual Miami Beach activations including Art Basel Miami Beach, Miami International Boat Show, and Bitcoin Conference, whose success is demonstrated with several satellite activations occurring within Miami Beach and across Miami-Dade County; and DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 WHEREAS, for example, the month of December in Miami-Dade County is renowned as "art" month, and April has recently solidified itself as "fintech" month, both with events in the Miami Beach Convention Center and beyond; and WHEREAS, shortly after Miami Beach Live! 2022, staff began engaging with successful local area producers to receive feedback and input on the programming and footprint, and based on these meetings, in an effort to mimic successful Miami Beach events, staff deduced that the fitness category was an area that had not fully been explored; and WHEREAS, through these brainstorming discussions, the idea to brand the month of March in Miami'Beach as an "Official Fitness Month"was adopted, and City staff met and engaged with different organizations to propose activations for Miami Beach Livel 2023; and WHEREAS,the proposed March 2023 Event Schedule is as follows: • March 2 - 5, 2023 Miami Beach Tennis and Beach Soccer Tournament • March 10 - 12, 2023 King of the Courts/ Major League Baseball Fan Fest • March 17 - 19, 2023 Kiwanis of Little Havana Art in the Park • March 24 -26, 2023 National Cycling League/Mayhem Nation • March 2023 - Smaller activations by Nike, Crunch, and RCX Sports; and WHEREAS, in addition,the Administration has been working on a parallel path to curate the month of March in 2024, and is vetting proposals for large-scale activations from several entities, with the working tentative schedule for March 2024 detailed as follows: • March 1 - 3, 2024 TBD • March 8 - 10, 2024 North Sea South Beach Music Festival • March 15 - 17, 2024 Goodwood Festival of Speed • March 22 -24, 2024 Kiwanis of Little Havana Art in the Park WHEREAS, based on the FY 2022/23 adopted budget, an amount of $3,200,000 was appropriated for March 2023 activations; and WHEREAS,.the City's Tourism and Culture Administration is currently working with Tom Bercu Presents on the budget allocation for each weekend based on size, scale and funding requests from each event organizer; and WHEREAS, through special event sponsorship incentives, the City is able to . attract high-caliber events interested in activating during the month of March and take over the areas of Ocean Drive, Lummus Park, and Art Deco Cultural District; and DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 WHEREAS, the criteria to qualify for special event sponsorship includes events that increase Resort Tax collection by supporting experiences that can verify tourism initiatives with large hotel room blocks or estimated tourist attendance, events that serve as a marketing/branding opportunity for the City to generate favorable media impressions on the international stage via partnership and media/PR exposure, and events that promote quality of life for the City's residents by promoting events residents would want to attend. 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 accept the recommendation of the City Administration to engage and contract with various event producers and provide special event sponsorship incentives for Miami Beach Live! cultural and wellness program activations in Lummus Park and the Art Deco Cultural District for the month of March 2023, to be funded from the previously approved Resort Tax High Impact Budget in the amount of$3,200,000; and further, authorize the City Manager and City Clerk to execute all agreements in connection with the March 2023 cultural and wellness programming. PASSED and ADOPTED this aG day of 0C4h-1 r- ,2022 . ATTEST: Dan Gelber, Mayor �\P��EtEgcti OC 12 7 2022 - Rafael E. Gra ado, CityClerk 's IliCORtc, ‘ ATED cH'•2 • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney Date DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 LASOL-1 OP ID: JS ,d►CORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD Y/VY) �----- 01/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 800-940-9387 CONTACT Robert A Barber II"Pike" Hospitality Insurance Agency NAME: P y 9 Y PHONE 800-940-9387 FAX 727-726-1113 Your LAST CALL for insurance (AIC,No,E,d): I(NC,NO: 4025 Tampa Road,Suite 1208 nOMss:Pike@HospitalitylA.com Oldsmar,FL 34677 Robert A Barber II"Pike" INSURERISI AFFORDING COVERAGE NA/Cif INSURER A:Bridgeway Insurance Company 12489 INSURED INSURER B Obsidian Specialty Insurance 16871 Las Olas Hospitality LLC Ascot Insuance Company 23752 MV Catering LLC INSURERC: P Y Breakwater Hospitality Group LLC - 600 BC LLC 600 BC-MBFF 2023,LLC INSURER D: _ 127 SW North River Dr INSURERE- Miami, FL 33130 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMIT_S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WW IMM/DD/YYYY1 IMM/DD/YYYY) A X. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 7EA7GL1001259-00 11/08/2022 11/08/2023 DAMAGE TO RENTED 100,000 U PREMISES(Ea occurrence) $ Excluded MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Si 2,000,000 POLICY gtQf LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S AUTOMOBILE LIABILITY (Ea accideeDwSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ _ OWNED SCHEDULED AUTOSRE� ONLY _ AUTOS yyN p _BODILY INJURY(Per accde t) $ AUTOS ONLY AUTOS ONLY (Perr accident)AMAGE _s_— S B UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE EAH0000341-00 11/08/2022 11/08/2023 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN PER ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA ndatory n ) _E.L.DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liability ESXS2210001518-01 11/08/2022 11/08/2023 Excess 2,000,000 A Liquor Liability 7EA7GL1001259-00 11/08/2022 11/08/2023 Liquor 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached if more space is required) The City of Miami Beach,Tom Bercu Presents, Inc.and their respective officers,employees and agents are listed as additional insureds with respect to work performed by the named insured per written contract/agreement regarding general liability. CERTIFICATE HOLDER CANCELLATION CITYMIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach 1700 Convention Center Dr Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE a ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 M I AM I BE1A2 1 I Contract/Doc Contract No. Title Special Events Sponsorship Agreement—Miami Beach Fitness Festival Contractor Requesting Department Tourism and Culture Department > „ 1: 1,, t . —DocuSi: AratiNgwiliaggpture: DocuSig Lissette Garcia Arrogante Marcia Monserrat (,Aniq, fvt-ot,SL,yy'qt ED5AC282A6E2410_. 3F 73R5C560948D 1 I.cument Type(Select One) Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor X Type 8—Other:Special Events Sponsorship Agreement Based on the FY 2022/23 adopted budget, an amount of $3,200,000 was approved for March 2023 activations. The Mayor and City Commission approved Resolution 2022-32363 to allow the Administration to enter into agreements for March 2023 programming.This agreement is for the sponsorship of the Miami Beach Fitness Festival,taking place the last weekend in March 2023 as part of Miami Beach Live! Original Term Renewal Periods Total Term(Original+Renewals) One(1)Time One(1)Time Funding Information AL Grant Funded: Yes No State Federal ■ Other: ost& `- rce nual Cost Account Require Enhancement 1 $600,000 160-4300-000349-00-406-555-00-00-0 Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32363 C7 T October 26,2022 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Procurement: Grants: bf: Budget: Tameka Otto Stewart Information Technology: lisitka ('}{(o fuvayf `-920B4A610EE 1463... DocuSign Envelope ID:5AF1732F-BAE2-41 B6-8709-525E65D5EAF0 ,-Docusignaa by: Risk Management: So iia Walthoqi, Fleet&Facilities: Human Resources: `—Bc5E0B298740408 Other: DocuSign Envelope ID:5AF1732F-BAE2-41B6-8709-525E65D5EAF0 Instructions for Completing&Routing Contract Coversheet 1. Every field must be completed. If the requested information is not applicable,enter N/A. 2. It is advisable to confirm the authority to sign,funding/account information,risk management compliance, and controlled purchases(IT or Fleet/Facilities)with the appropriate department prior to routing a document. 3. Attach all supporting documentation (e.g.,resolutions,commission memorandums,etc.)when routing. 4. When creating the workflow in DocuSign,in addition to the department head and applicable assistant/deputy city manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to the ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. Required Compliance Approvals When routing documents for approval by the city manager,in addition to the department head and applicable city manager, make sure the following individuals (or designees) are included in the approval path depending on each contract type. Type 1 —Contract, amendment, or task order for the purchase of goods or services resulting from a competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart) • Grants(Judy Hoanshelt)—if the purchase is grant-funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a "facilities"or"vehicle"item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement- issued competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart). • Risk Management(Sonia Bridges) • Grants(Judy Hoanshelt)—if the purchase is grant-funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 3—Independent Contractor Agreements • Human Resources Director(Marla Alpizar) Type 4—Grant agreements when City recipient • Grants(Judy Hoanshelt) Type 5—Grant agreements when City grantor • As appropriate,depending on grant type Type 6—Tenant agreements • Facilities and Fleet(Adrian Morales) Type 7—Inter-governmental agency agreement • Marcia Montserrat Any other type:Contact the Procurement Department for assistance.