Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
American Black Film Festival Sponsorship Agreement
DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D 2-3 Z Z "3 22_3 1 2023 AMERICAN BLACK FILM FESTIVAL-SPONSORSHIP AGREEMENT 1 c./ THIS AGREEMENT is made and entered into this I ! day of r. d- 023 ("Effective Date"), by and between the City of Miami Beach, Florida, a Florida municipa corporation, with offices at 1700 Convention Center Drive, Miami Beach, FL 33139 (the " ity"), and ABFF Ventures, LLC,a California corporation,with offices at 4111 West Alameda Avenue, Suite 501, Burbank, CA 91505("Event Organizer")(altogether, the"Agreement"). WITNESSETH: . WHEREAS,the City desires to sponsor the"American Black Film Festival° (the"Event"), an annual event dedicated to recognizing Black talent and showcasing quality film and television content by and about people of African descent;and WHEREAS,dedicated to the belief that diverse artists deserve the same opportunities as their mainstream counterparts, ABFF Founder Jeff Friday conceived the festival in 1997 as a vehicle to • strengthen the Black entertainment community by fostering resource sharing, education and artistic collaboration. WHEREAS, the Event is scheduled to take place June 1418, 2023, at various venues, including the Miami Beach Convention Center, New World Center, Regal Cinemas, Royal Pal Hotel, and W South Beach Hotel; and WHEREAS,in previous years,the event has attracted as many as 10,000 attendees;and WHEREAS,the Event Organizer has produced the Event successfully for seventeen(17) years in the City of Miami Beach, and WHEREAS, on July 20, 2022, the Mayor and City Commission adopted Resolution No. 2022-322$1, accepting the recommendation of the Tourism and Culture Department for the approval of a sponsorship, in a recommended award amount of$171,000 for the 2023 Event;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, City and Event Organizer agree as follows: 1. The above recitals are true and correct and are incorporated by reference herein. 2. The Term of this Agreement will commence on the Effective Date set forth above, and shall expire following the conclusion of the Event and Event Organizer's completion of all of its obligations hereunder, unless terminated earlier in accordance with this Agreement. 3. Event Organizer shall be solely responsible for producing and promoting all aspects of the Event, including securing private sponsors and vendors to participate in the Event The Event Organizer has advised the City that the Event shall be known and promoted under the title of the"American Black Film Festivai° Event Organizer shall be responsible for the conduct and operation of the Event and will provide the appropriate officials to conduct the DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D Event. Except as specified herein for the remainder of the term of this Agreement,the City is under no obligation to fund subsequent Events. 4. The term "Event" as used herein shall include the event described in the recitals to this Agreement. Further, City shall not be a party to any independent contracts that the Event Organizer may enter into with other organizations, contractors, or participants in the Event and/or supporting activities,nor shall City be liable to such third parties. Event Organizer shall not represent that it is an agent, official, authorized representative or employee of City. 5. Subject to Event Organizer's compliance with its obligations under this Agreement, City is responsible forthe following: a) Subject to Event Organizer's compliance with its obligations under this Agreement and an annual appropriation of funds at the City Commission's sole discretion, City shall provide Event Organizer with sponsorship funding for the purposes specified herein,in the amount of$171,000.00 for the 2023 Event; provided, however,that no more than 15 percent of the City's total sponsorship contribution may be disbursed in advance of the Event. All remaining cash contributions shall be made on a reimbursement basis, following the conclusion of the Event, and following Event Organizer's submission, and the City's acceptance, of the final report referenced in this Agreement. 6. Event Organizer shall be responsible for any and all compensation that may be due to any and all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors, and participants, and City shall have no such responsibility, obligation or liability. City shall not be responsible or liable to competitors for prize money payments;or to any third party for any aspect of the production of the Event. 7. Warranties. Event Organizer warrants and represents that it has all necessary rights, authority, licenses and permits necessary to enter into this Agreement, to grant the rights and licenses herein granted, and to carry out its responsibilities as set forth herein. Event Organizer shall utilize the sponsorship benefits and conduct and operate the Event in accordance with all applicable laws, and without endangering others or violating their rights. 8. Sponsorship benefits. In consideration of the City sponsorship funding described in this Agreement, and the mutual promises made herein, Event Organizer shall provide sponsorship benefits to the City which,at a minimum,shall include the sponsorship benefits set forth in Section 9 of this Agreement. 9. Public benefit program. Event Organizer shall provide a public benefit program to be made available to City of Miami Beach residents:The Event's public benefit program shall include the following, wherever permissible and applicable within the Event footprint: A. Promotes the City of Miami Beach to residents and visitors from around the world as a destination for high quality cultural programming. B. 200 free general admission movie tickets to be delivered to the CMB no later than May 30, 2023. C. General admission movie tickets for all active military to be redeemed at the Regal Theater during the festival(June 15, 16, 17). D. 25% discount on ABFF festival passes for online sales.ABFF to provide discount code to CMB. 2 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D 10. Final report. The Event Organizer must provide, within 30 days of the completion of the Event, a Final Report, detailing the following: • Third-party verification of Event outcomes including, without limitation, event attendance figures 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; • The implementation of the public benefit program, including statistics relating to how many residents,seniors,and children were served,and how this program was marketed and communicated to the residents;and • All supporting documentation required under Section 5 for the payment of the Cash Sponsorship; and • 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,as detailed in Exhibit A.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. 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. 13. All promotional materials which include the City's name or logo, including,without limitation, advertising, telecasts, signage and social media publications shall be subject to City's prior, written approval,with at least five(5)business days notice,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 department. This paragraph shall survive the expiration of this Agreement. 14. Event Organizer is responsible for the following: A. Event Organizer shall arrange for vendor'concessions inside the enclosed area of the Event Site. All sales of soft drinks or other beverages must be in compliance with the City's beverage 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. 1. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Event Organizer shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles(as defined in City Code Section 82-7) within the Event Site. 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 3 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D for prepackaged food that have been filled and sealed prior to receipt by Event Organizer. 2. Additionally, Event Organizer agrees and acknowledges that, pursuant to Section 82- 8 of the City Code, as may be amended from time to time, Event Organizer shall not sell, use, provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers(as defined in City Code Section 82=8)within the Event Site. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Event Organizer from providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage-straw or single-use plastic stirrer. 3. Event Organizer agrees to comply with Section 46-92(c) of the City Code, which provides that it is unlawful for any person to carry any expanded polystyrene product, single-use plastic beverage straw, or single-use plastic stirrer onto any beach or park within the City. It is also unlawful for any business to provide single-use plastic beverage: straws or single-use plastic stirrers with the service, or delivery of any beverage to patrons on any beach within the City. Notwithstanding the above, the provisions in Section 46-92(c)that pertain to single-use plastic beverage straws and single-use plastic stirrers shall not apply to a person or patron with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82 of the City Code, as may be amended from time to time, Event Organizer shall adhere to City prohibition regarding the sale or use of expanded polystyrene food service articles,single use plastic beverage straws, and single-use plastic stirrers. B. Event Organizer shall be responsible for handling all media vendors and organizations and will be solely responsible for handling all issues relating to the media vendors. C. Event Organizer shall retain any and, all rights to the Event, including any rights associated with Event-related apparel and/or product sales. D. Event Organizer shall keep the-City apprised, on a monthly basis, of its progress with respect to the activation of the Event. 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 license and right to use the title of the Event or any photographic, video, audio or other footage of the Event, in connection with any City produced publication, including the City produced magazine or any City media outlets, such as MBTV. This section shall survive the termination or expiration of this Agreement. F. Event Organizer shall purchase and obtain all required Event Insurance policies for General Liability coverage in the amount of at least$1,000,000.00 General Aggregate; $1,000,000.00 Products/Completed Operations; $1,000,000.00 Personal and 4 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D Advertising Injury; at$1,000,000.00 per occurrence, covering City, and all participants, no later than 10 days prior to the Event, and Event Organizer shall provide a Certificate of Insurance evidencing such coverage to the City's Risk Manager.Event Organizer shall also provide liquor liability insurance in the amount of$1,000,000.00 and Host liquor liability insurance in the amount$1,000,000.00.All insurance policies shall name City as additional insured and Certificate Holder. G. Event Organizer shall obtain all applicable federal, state and local approvals, permits and licenses relating to the Event and any activities related thereto. Event Organizer shall maintain its good standing in accordance with the 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. H. Event Organizer shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys'fees and costs of defense,for personal, economic, or bodily injury,wrongful death, or loss of or damage to property,which the City or its officers,employees,agents, and contractors 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, including, without limitation, any claim that any aspect of the Event infringes upon any third-parry's existing copyrights, trademarks, trade names, or other intellectual property or proprietary rights. Event Organizer 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. 15. Events of Default,Termination of Agreement for cause, and Remedies. 5 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D A. The following shall constitute events of default: i. Any material misrepresentation, written or oral, made by Event Organizer and/or its representatives to City. ii. Failure by Event Organizer to timely perform and/or observe any of the terms and conditions of this Agreement. iii. Insolvency or bankruptcy on the part of Event Organizer. B. The occurrence of any event of default by Event Organizer may,at the sole option of City, operate as an automatic forfeiture of any rights or benefits conferred under this Agreement, and accordingly, City reserves the right to revoke the fee waivers, discontinue the funding provided for herein, or request the return of sponsorship funds. C. In the event that Event Organizer is in default of any of its obligations under this Agreement, Event Organizer shall be liable for all damages, costs and expenses arising out of or related to its default. In the event of a default, City reserves all legal remedies available to it, including but not limited to termination of this Agreement for cause, which termination may be effected 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. 16. 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. 17. 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. 18.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. 19.This Agreement shall be governed as to performance and interpreted in accordance with the laws of the State of Florida. Any claim or dispute arising out of the terms of this Agreement shall be litigated in Miami-Dade County, Florida. 20. 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. 21. 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 6 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D acting as an agent, representative or on behalf of City for any purpose or in any manner whatsoever. 22.City's right to suspend activities or remove persons from event site:The City Manager shall have the authority to suspend all or any part of the activities of Event Organizer 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.City reserves the right through the City Manager,to suspend or terminate use of the Event Site 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. 23.Termination for Convenience. a. The Event Organizer may conduct the Event for the Term of this Agreement, unless the City Manager decides to discontinue the Event,at the City Manager's sole and absolute discretion, for any reason or no reason whatsoever,for the convenience of the City.The City Manager shall notify the Event Organizer,in writing,of the City's termination of this Agreement. b. The Event Organizer may elect, during the Term of this Agreement, to terminate this Agreement and no longer conduct the Event. If the Event Organizer elects to terminate this Agreement, the Event Organizer shall notify the City in writing prior to the December 30. If the Event Organizer elects not to conduct the Event or elects not to seek an extension of the terms of this Agreement,this Agreement will automatically terminate. 24.GOVERNING LAW AND ATTORNEY'S FEES:This Agreement shall be governed by the laws of the State of Florida, with venue lying in Miami-Dade County. In the event of any dispute which arises out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs; including bankruptcy and/or appeal if any. 25.ASSIGNMENT: No assignment of the rights,interest or obligation under this Agreement shall be made by either party without the written consent of the other. 26.AMENDMENT: No modification amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto,with the same formality and of equal dignity herewith. 27.EXTENT OF AGREEMENT: This Agreement represents the entire and integrated Agreement between City and Event Organizer and supersedes all prior negotiations, representations or agreements either written or oral. 28.NOTICE:Whenever any party desires to give notice to any other party,it must be given by written notice sent by registered United States mail,with return receipt requested,addressed to the party for 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: 7 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager EVENT ORGANIZER: ABFF Ventures, LLC do Jeff Friday, CEO 4111 West Alameda Avenue Suite 501 Burbank, CA 91505 29. 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 documentation evidencing that Event Organizer is.registered to do business in the State of Florida. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. ATTEST: IA CITY OF MI BEACH, FLORIDA By: Rafael E.Granado Iina T. Hudak City Clerk City Manager t a�:�,,, MAR 2 8 2073 ' Date 5 =INCORP ORATED` FOR EVENT ORGANIZER: AB F-Ve turns, A (aT: klik By: _ CEc) N`cf f re Print Name/Title Print Name/Title ,L 1 I q i 2-0 2-� Date APPROVED AS TO FORM&LANGUAGE FOR i�ITION fin ility Attorney C' Date 8 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D EXHIBIT"A" 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 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 prorninentlydisplayed 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 make best effort to.have Producers and Artists included in photo calls or media interviews,including&City photo op and a promo video to be recorded by-the.City of Miami Beach for archival and promotional purposes. o Opportunity for City representative to speak at all press conferences and ribbon cutting events o Event Organizer 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 four(4)VIP-tickets(if available)to be contested away on City owned social media/digital channels. o Event Organizer 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 Organizer to tag @miamibeachnews(1G,Twitter)or @CityofMiamiBeachGovemment (FB)in all social media posts o Event Organizer 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/iogo on step&repeat banners. 9 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D ° RESOLUTION NO. 2022- A RESOLUTION O.F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE TOURISM AND CULTURE DEPARTMENT, AND APPROVING THE SPECIAL EVENT SPONSORSHIP FUNDING FOR THE FISCAL YEAR 2022/2023 FOR THE FOLLOWING THREE (3) SPECIAL EVENT ORGANIZERS: (1) AMERICAN BLACK FILM FESTIVAL; (2) FIU SURF & TURF BEACH VOLLEYBALL TOURNAMENT, AND (3) SOUTH BEACH JAZZ FESTIVAL, IN THE TOTAL AMOUNT OF $207,000 TO PROVIDE FINANCIAL ASSISTANCE TO MIAMI BEACH-BASED SPECIAL EVENTS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SPONSORSHIP AGREEMENTS RELATED TO THE APPROVED FUNDS. WHEREAS, on June 23, 2021, the Mayor and City Commission accepted and approved the recommendations of the Finance and Economic Resiliency Committee, at its February 28, 2020 and June 11,. 2021 meetings, and the recommendation of the Neighborhood and Quality of Life Committee, at its September 23, 2020 meeting, in part, and WHEREAS, both Committees recommended approval of the revised Special Events Requirements and Guidelines relating to City sponsorships, with an annual budget not to exceed 1,500,000, with the said revisions creating an evaluation process to analyze and process sponsorship requests based upon weighted criteria; and • WHEREAS, the Miami Beach Special Event Sponsorship Program (the " Program") was created in June 2021 to assist the City in the review of event sponsorship and fee waiver request; and WHEREAS, the Program process is formalized and allows the Administration to properly analyze and budget special event sponsorship requests; and WHEREAS, the City' s current sponsorship process is codified within Section 12-7 of the City Code; and WHEREAS, Section 12- 7 of City Code provides that "in considering approval of a Sponsorship for an event, the City Commission may consider: i. whether the event organizer has exercised good -faith, diligent efforts to apply for grant funding that may be available from the City's Visitor and Convention Authority ("VCA") or Cultural Arts Council (" CAC"); ii. the Event organizer's history and performance in delivering quality Events; iii. any benefits being directly provided to the general public with respect to the DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D Event, such iv. as free or discounted tickets to persons residing in the City of Miami Beach, seniors, v. veterans, or member of disadvantaged groups; vi. whether the event is accessible to the general public (either as a ticketed event or vii. otherwise); viii. . the demonstrable economic impacts associated with the Event; ix. the demonstrable media commitments secured by the Event organizer for the Event; or x. the efforts undertaken by the Event organizer to mitigate any quality of life impacts xi. associated with the Event, including noise, littering, traffic or parking impacts associated xii. with an Event"; and WHEREAS, sponsorship requests are generally to be reviewed well in advance of the date of each event, either as part of the City Commission' s annual budget process, or through applications to the BCA or CAC; and WHEREAS, any sponsorships request that falls outside of the standard review process is subject to the Finance and Economic Resiliency Committee (FERC) advisory review, as well as a heightened 5/ 7ths approval requirement by the City Commission; and WHEREAS, the Program addresses these elements and provides a platform for event organizers to apply for city sponsorship in advance and allows the Administration time to do a proper due diligence and budget planning for the fiscal year; and WHEREAS, the Program launched on January 1, 2022, and concluded on February 28, 2022, with nine (9) event organizers starting the application, and four (4) event organizers completing the application; and WHEREAS, applicants who met all application requirements, including deadlines were reviewed, and incomplete applications were disqualified; and WHEREAS, four (4) applications were reviewed, and the Administration made the following recommendation for three (3) events: • American Black Film Festival, in the amount of$171,000; • FIU Surf & Turf Beach Volleyball Tournament, in the amount of $ $6,500; • South Beach Jazz Festival, in the amount of$29,500; and 2 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D WHEREAS, the Administration recommends the approval of the Miami Beach Special Event Sponsorship recommendation for Fiscal Year 2022/2023 in an amount • not to exceed $207,000 for the three (3) aforementioned events. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITYCOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendations of the Tourism and Culture Department, and approve the special event sponsorship funding for the Fiscal Year 2022/2023 for the following three (3) special event organizers: (1) American Black Film Festival; (2) FIU Surf& Turf Beach Volleyball Tournament, and (3) South Beach Jazz Festival, in the total amount of $ 207,000.00, to provide financial assistance to Miami beach-based special events; and further authorize the City Manager and City Clerk to execute the sponsorship agreements related to the approved funds. PASSED and ADOPTED this day of , 2022 ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION b— I City Attorney Date 3 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYY1) 03/20/2023 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 NAME:CONTACT Alex Eshraghi Bayshield Insurance Services (acNN.Exti: 408-840-4402 FAXX.No): 408-484-1074 19200 Von Karman Ave E-MAIL y @ ADDRESS: alex ba shieldins.com Irvine CA 92612 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: United States Liability Insurance Company INSURED INSURER B: Technology Insurance Company,Inc. 39071 ABFF Ventures LLC INSURER C: INSURER D: 4111 W.Alameda Ave.Ste 501 INSURER E: Burbank CA 91505 INSURERF: 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMBS L TYPE OF INSURANCE W TR INSD VD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENT CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 5,000 A SE 1070179 06/12/2023 06/20/2023 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY uCT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -(Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA[JAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION X PER STATUTE ERH- AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN EL.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBEREXCLUDED? N NIA Y TWC3944843 02/15/2023 02/15/2024 1,000,000 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY.LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Location:1-New World Center 500 17th St,Miami Beach,FL 33139 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive /J Miami Beach FL 33139 �Y ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CASC3149AD1D POLICY NUMBER: SE 1070179 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) As required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis-sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or • rented to you. CG 20 26 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1D POLICY NUMBER: SE 1070179 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ TOURISM AND CULTURE DEPARTMENT DATE: 03/23/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff FROM: Lissette Garcia Arrogante, Tourism and Culture Director SUBJECT: Special Event Sponsorship Agreement 111 For: Information Only X Review & Approval X City Manager's Signature Other Comments: ❑ Fee Waiver Memo/Consecutive Day Clause Memo ❑ Street Closure: ❑ Special Event Permits): ® Other: American Black Film festival -Special Event Sponsorship Agreement ❑ Film Permit: Return to: ❑ Lissette A.x26597 ❑ Francys Vallecillo 26326 ® Jazmine Pena 27577 Date Needed: 04/07/23 II II AIMMI DocuSign Envelope ID:EE279591-8F5D-4743-AA8E-CA8C3149AD1 D Iv\I A/v\I B[AC H Contract/Document Routing Forme ''Contraet No. "` ';; -Ttie „ ±"'i . = .?: .a ,, _+' .' 4":";y;. Special Events Sponsorship Agreement—American Black Film Festival '!"Contractor s: • `•,:;: :.< �'1 ', max _.e:° r - Reouestir: De.artrtient Tourism and Culture Department De eartnient^Dire"ctoriName&-`°::"' s gn_es1 '4ACMiName+;&Si_nature', ;gocUsigned by Lissette Garcia Arrogante Marcia Monserrat Cl a, itto1 t —FfSAC797AAF741(1 OF73R5fiC56n941:11) fix e t@ + r s .4 .�: 4 F.. , , nf, +DocumentfF`oe SelectO.ne 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 4 e x. 4- ?3 ..,a t. - '`mot"• .�..Y i; Surnnna`�&-Pure`bse -�ti',r .,, 3��s�i �,�._, 6 ':i"" The Miami Beach Special Event Sponsorship Program (the "Program") was created in June 2021 to assist the City in the review of event sponsorship and fee waiver requests. Application review included an extensive review process that reviewed non-profit status, length of event, history of event, hotel room block, whether attendees are regional, national and/or international, resident/community benefit, marketing, and public relations exposure, utilization of local venues and more. Through this process, American Black Film Festival was awarded$171,000 for the 2023 cycle. ?OH:inallTerm1 `?a.. "r " ItenewaliPeriods; ,,i>,« Total Term?,On:iriali+,Renewals` ;;.,`'.' One(1)Time One(1)Time ta:,r r,;�. _, ;.- « -'14 -.« j..tici ;�:`.,. ��. a�f „ i_:..+" iv..�;):� a'�u, �tY _.,k R M r; s .. $ ..;Fundm•'.Informatlon,. • Grant Funded: Yes No State Federal Other: w > 't'" ! . r ."*Cost'St F'uridm `Source^ o.os#N �° :. . '• Year"' :,;, -.'Ainnual:Cost Account -., -i- ,Rea uirexEnhancement;'` 1 $171,000 160-4300-000349-00-406-555-00-00-00 Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. 1 ..::; , a` x �tx, `x l� ,,,vAuttfor°I City Commission Approved: X Yes No Resolution No.: rnM CC Agenda Item No.: CC Meeting Date: 2022-32231 C7 T July 20,2022 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: zva;•:?4$, ' '4: +ttsCOn1s118i1ce,A:=royals •see;attacled v.+^;°v,.i'¢,4r � :�z � �',�.� �'• • Procurement: 'Grants: DocuSign Envelope ID:EE279591-8F5D-4743-MBE-CA8C3149AD1D D Sly tLy. Budget: Ta eka Otto Stewart Information Technology: Risk Management: M nn.. ..__ a .463... Fleet&Facilities: Human Resources: +V G Other: BC5EDB29874040B...