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Agreement with Gay Pride Sponsorship
DocuSign Envelope ID:3E1E79CE-10C6-499B-8041-E191339DA533 2 G2.3-3L53'1 APR 2 1 2023 2023 MIAMI BEACH GAY PRIDE-SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this day of 2023 ("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 Miami Beach Gay Pride, Inc a Florida not for profit corporation with offices at 1210 Washington Avenue Suite 255. Miami Beach. FL 33139 ("Event Organizer") (altogether. the Agreement") WITNESSETH: WHEREAS, the City desires to sponsor the -2023 Miami Beach Pride" (the"Event"). a special event registered with the City under Special Events permit number #SEP 0622- 0992, incorporated herein by reference and attached hereto. that will take place in Lummus Park from 9' to 14'^ streets and Ocean Drive from 5'^ to 15" streets (the "Event Site") as depicted in Exhibit"A" on April 14 - 16, 2023. and WHEREAS, Event Organizer shall produce. promote and host the Event on Miami Beach and WHEREAS,on March 27. 2023,the Mayor and City Commission adopted Resolution 2023-32537, which includes(1)approving waivers of special event and city services fees in an amount not to exceed$46,267 89,which includes a special event application fee of 5286 special event permit fee in the amount of$570 Lummus Park user fees in the approximate amount of$10,460 09,Vehicle Beach Access passes in the approximate amount of 54,325, square footage fees in the approximate amount of 518.022 80. Police Department Administrative fees in the approximate amount of $5.988, Fire Department fees in the approximate amount of $6 000. and sanitation fees in the amount of S616, and (2) cash sponsorship in an amount not to exceed $188,000 for the event's production costs and WHEREAS,the City's sponsorship funding for the Event is to be paid directly to Event Organizer as more particularly set forth herein, to offset expenses for producing and presenting the Event. NOW, THEREFORE, in consideration of the mutual promises and covenants made herein the City and Event Organizer agree as follows 1 The above recitals are true and correct and are incorporated by reference herein 2 The Term of this Agreement will commence on the Effective Date set forth above and shall expire following the conclusion of the Event and Event Organizer's completion of all of its obligations hereunder 3 Event Organizer shall be solely responsible for producing and promoting all aspects of the Event including securing private sponsors and vendors to participate in the Event The parties hereby agree that at all times the Event shall be known and promoted under DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 • the title of the"2023 Miami Beach Pride" Event Organizer is responsible for the conduct and operation of the Event and will provide the appropriate officials to conduct the Event The City is under no obligation to fund subsequent"Miami Beach Pride' events 4 The term "Event" as used herein shall have the same meaning as described in the first recital Further the City shall not be a party to any independent contracts that the Event Organizer may enter into with other organizations, contractors or participants of the Event and/or supporting activities nor shall the City be liable to such third parties Event Organizer shall not represent that it is an agent official authorized representative or employee of City 5 Subject to Event Organizer's compliance with its obligations under this Agreement. the City is responsible for the following a) the City shall waive special event and city service fees related to the Event. in a total amount not to exceed $46,267 89 bi the City shall provide Event Organizer with cash sponsorship funding in an amount not to exceed S188.000 toward the production costs of the Event All cash contributions shall be made on a reimbursement basis following the conclusion of the Event. and following Event Organizer's submission. and the City s acceptance of the final report referenced in this Agreement 6 Event Organizer shall be responsible for any and all compensation that may be due to any and all performers entertainers, vendors organizations. event sanctioning bodies. vendors, and participants and City shall have no such responsibility obligation or liability City shall not be responsible or liable to competitors for prize money payments or to any third party for any aspect of the production of the Event 7 Warranties Event Organizer warrants and represents that it has all necessary rights, authority licenses and permits necessary to enter into this Agreement.to grant the rights and licenses herein granted,and to carry out its responsibilities as set forth herein Event Organizer shall utilize the sponsorship benefits and conduct and operate the Event in accordance with all applicable laws and without endangering others or violating their rights 8 Sponsorship benefits In consideration of the City fee waivers and sponsorship funding described in this Agreement and the mutual promises made herein Event Organizer shall provide sponsorship benefits to the City which. at a minimum shall include the sponsorship benefits set forth in Exhibit "B" to this Agreement which is incorporated herein by this reference 9. Public benefit program Event Organizer shall provide a public benefit program to include the following wherever permissible and applicable within the Event footprint events are open to the public and admission is free all two (2)days 2 DocuSign Envelope ID:3E1E79CE-10C6-499B-8041-E191339DA533 10 Final report The Event Organizer must provide. within 30 days of the completion of the Event, a Final Report detailing the following • third-party verification of Event outcomes including without limitation event attendance figures, media impressions generated by the Event, and • number of City of Miami Beach hotel room nights generated by (for and during) the Event including but not limited to. booking codes and any other reasonable documentation which may be required by the City to track/document hotel utilization and • The implementation of the public benefit program. including statistics relating to how many residents seniors children and veterans were served and • Vendor and community feedback 11 The City shall receive sponsorship recognition on all media or promotional platforms related to the Event, at the same sponsorship level as other sponsors providing financial or other support comparable to the City's sponsorship Event Organizer will also tag the City on all Event-related postings on digital distribution platforms also referred to as social media platforms Event Organizer's Event-related postings shall include high quality content relevant to the Event and its targeted audiences Digital distribution postings shall be issued in English and Spanish wherever relevant 12 Event Organizer will use logo provided by the City on all Event-related advertising This includes local television partners, social media campaigns. radio efforts, and local newspapers 13 All promotional materials which include the City's name or logo including without limitation advertising. telecasts. signage and social media publications shall be subject to the City's prior written approval, which approval may be withheld at the City's discretion Event Organizer shall cease using all logos or other City marks upon the expiration of the Term Additionally the City reserves the right to require the removal of its logo/marks from any promotional materials This paragraph shall survive the expiration of this Agreement 14 Event Organizer is responsible for the following A Event Organizer shall arrange for vendor concessions inside the enclosed area of the Event Site All sales of soft drinks or other beverages must be in compliance with the City 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 ail 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 3 1 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 service articles used 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 plast'c 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 Organizers 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 the following coverages a General Liability coverage in the amount of at least S 1.000 000 00 per occurrence b S1,000.000 00 Products/Completed Operations. c $1 000 000 00 Personal and Advertising Injury at$1 000 000 00 pei occurrence d liquor liability in the amount of at least $1 000 000 (if liquor is served or sold) and host liquor liability insurance in the amount of at least$1 000 000 00 or on a separate certificate the City shall be named as an additional insured e worker's compensation as requited by the State of Florida with the statutory limits 4 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-El91339DA533 and Employer's liability with a limit of no less than $1.000,000 00 per accident for bodily injury or disease, and f. all insurance policies for the preceding subsection(i)- (iv)shall name the City as an additional insured and certificate holder, as follows City of Miami Beach. Florida 1700 Convention Center Drive Miami Beach, Florida 33139 G. Event Organizer shall 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), snail, 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-party's existing copyrights, trademarks, trade names, or other intellectual property or proprietary nghts 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. A The following shall constitute events of default' �. Any material misrepresentation, written or oral, made by Event Organizer and/or its representatives to City 5 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 it. 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 ifs 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. Evert 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 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. 6 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 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 te'minate 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 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 contaned 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 wntten 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 Lissette Garcia Arrogante Director. Tourism and Culture City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 EVENT ORGANIZER Miami Beach Gay Pride, Inc A Florida Not For Profit Corporation 1210 Washington Avenue, Suite 255 Miami Beach, FL 33139 DocuSign Envelope ID: 3E1 E79CE-10C6-499B-8041-E191339DA533 I 2g Inspector General Audit Rights (A)Pursuant to Section 2-256 of the Code of the City of Mlaml Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, 'nspeclions 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 end 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 nth 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 Artist, its officers, agents and employees. lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities end operations of the Office of Inspector Ifkc (C)Upon ten (10) days wntlen notice to the hitis, the- tst-shalall 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 is officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the cor ct 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 Artist 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 proiect-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) I 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 A�trsi`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 Agreement,for examination, audit, or reproduction, until three (3) years alter final payment under this Agreement or for any longer period required by statute or by other clauses of This Agreement. In addition: (kJ� i. If this Agreement is completely or partially terminated, the Arhs�sh�a l make available records relating to the work terminatedin until three(3)years after any resulting final termination settlement;and ii. The ATtrst sflall}hake available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. T (F) The provisions in his section shall apply to tho ftrttzt,its officers, agents, employees, subcontractors and suppliers. The hall incorporate the provisions in this section in all subcontracts and all other agreements executed by t Artist in connection with the performance of this Agreement. X -).\6 te 8 I IN-1 _k,I C),cN\- _Q.C'. ,:4tor:. .. ;,, , z DocuSign Envelope ID: 3E1 E79CE-10C6-499B-8041-El91339DA533 (G)Nothing In this section shall Impair any independent right to the City to conduct audits or investigative activities. The provisions of this section aro neither Intended nor shall they be construed to impose any liability on the City by the Art+st or third parties. `f`cit 30. CORPORATE STATUS:This Agreement shall aulomalica y lermjnale if,within iirt t )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 Slate of Florida. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. • ATTEST CITY OF M I BEACH, FLORIDA By: Rafael E. Granado na T. Hudak City Clerk City Manager ,,, ,,, APR 2 1 7g71 = Date INCORP ORATED' s FOR EVENT ORGANIZER: MIAMI BEACH GAY PRIDE, INC. 4CN 26 ATTEST: �� By:C 74 t �i f7 Aev71�a�6 /�d 07eb itedors�. Print Name/Title \J t r. CNa.M\Q Print NameiThte 3\�\Date APPROVED AS TO FORM& LANGUAGE & FOR EXEC ON zpvi -fzbI v City Attorney :it Date 9 A DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 EXHIBIT A EVENT SITE PLAN two BLOCK b i S.;-` �... � `z ° K TENTS� _TENTS Ox 20 - �1 TENTS 10x30 . TENTS,0 x AO TENTS20X30 < = =I1 Dcean Drive 14 10 -- ---- MAIN AREA SITE PLAN.1000 TO 1300 BLOCK a n �`gc 1 OOcx:RL1Fj ; I•-TL'! 7 - cg- =-31C3.:'7 4 4 La n ODOQp❑' Y ��.r ODO]�070(O] 7� rO� p� r1tL 1 4), t ... OOOL70 .+•'. G7 -.:❑Op00.Tit ...... ®na CJ�I��G r ? pooa0000oq lam' — . ,I» — ...._ '. 3' OP S i riiici' ci 1 [ SITE PLAN -.----- ---- — _ --_--- Ocean Drive Oc - - - 2 i� I 1 Ocean Drive ow '3 13 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 r' j Pink :,fe�uarr1 _ �,r_. 7 i':. n house / a, r' �_'I c�• �1/ beach] 9S Anr,Motel 1 • Q 3 - @ •-7 , /,1 t 9th Street /@,.„ ,. 7 t ,• T ' u • ti • %.ttipriae ,,,,... $....., " {--, , Q ar ', a j E NOT TO SCALE @ @ l . , r - ' Miami �+ • `' "'•f � Beach ai 1 @st Ri•-• . ,�7 ,:,_ h SrrPet r = t : 1—' - _ V _ } r •I' ' - O �'_+ � 6anku' col 7th Street® ;. =. O cs G Staging Area, will be on the o hard packed sand just west of ` i w4... the berm.No beach access will / ,,,_ P a+- be blocked during this time. fi7.] Hp"" Police & Fire Department will � 1ti1P:M�pIP p 614 Sown � hr_,3 / / React,• ,.y still stage on Ocean Drive ,street -*. 6th Street ,o o i :,3, Street @ —He.Bead-+th @ StF, ,tre _ Center-----, 13 DocuSign Envelope ID:3E1E79CE-1 000C6-499B-8041-E191339DA533 i • .•.,, •, �• r lrjNt . : �� V + .1 3hG - a •,.. I . 1p 'S1 t" '� ® B 13h S . 'V! P a f•'1 CO • ) leer v ti lI d 4l I I • 2 1av I i ° r-1 w 1>- I • 1 2�1 4 124.4 ii n` '2: "trr rl.� l—+ .. ® @ Ith Street 1'4 1 O pp1 �1: • ti11 } , 1cD l tlr I _ ' ' i / 1. ' ii=4 , ...- i j/1 Hotel V(101==1 f 1,---,I� The St le, f 12=+. • l j i • ..'� ®1 r.•., .. I • ;//::a ' a I i G Lummus I'''I-' f ( O Pork f . 11 ® lOrh Srreet L� r ' ~ 0 M Pink lifeguard L•._. 1 / U.'�A house 1'-� /, rw b • Q C� P.Inces�S a�, • Ar/I Ho' O Hutt: " "' I Street I® 1-I . • L 1 ) S i it t/:....- o L•= la 1.ort GC 1- i / Wa 1"I (e• /1/ qr 1.=I•• S Q 1 . IUFJIIi .0 1_e1 s'l _J` Miami 13 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 Parisian 1. 4 / .i Tribute '.ram, 1-snct, J j ' vortfvitr: t.,)1 ® r tSt 411111111 arso,. s r r ' ` o . • 15 Street will mark the end ofihe tr...., o ,Parade. Participates(walkers)will be ®� directed east to walk back to the 1.13 ' f ;.;;; festival. Floats will disembark here and 7st l..'t C. ! will continue to site allocated for break- t .( ( 1�- down. ' �f r O 4 v 1-=1 T I p.=t i 1-1,—, sultc Hot,: 1 .1 t r F=i �» ® t �~ G -1� ) O 1_-� ' i^-1 i , •r - Ctti 3tr.a ✓ I 11 • 3� . 1 -n f , ' 3f;- '=, J '0 101 O rth t p , tom, th Street t. • a a. { C1 1� c I . �{ �Ij te31 � ' a •:m1��'T ' S t=t O }=4 Hotel L'=a k-' 1.,t1 0 El y 1so v _, 1I-� �' �I 1 :t- SO, 1 1 N+r. . / tyf;j nti Off CI If 11 C.:1111,1(10 7trh StrPPt ttnr 9 13 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 EXHIBIT B CITY OF MIAMI BEACH SPONSORSHIP BENEFITS to pi m"Nue M IAMIBEACH Sponsor Benefits: AT&T Entertainment Stage • Rotating Logo on LED Screen • Opportunity for a one city representative to speak(non-campaigning)during the during the opening ceremonies on Sunday,April 16,2023 after the parade. TD Bank Dance Stage • Rotating logo on LED screen Maiketurs • AT&T Main Entertainment Stage,TD Bank Dance Stage and Capital One Community Stage;opportunity to provide pre-approved crowd giveaways • Name recognition/logo on promotional materials including advertisements,printed materials,website,Facebook,Twitter and Instagram • 1 rotating website banner ad • Opportunity to speak(non-campaigning)at the Flag Raising ceremony • Opportunity to speak(non-campaigning)at Pride Lights the Night on Lincoln Rd • Opportunity to speak(non-campaigning)at Post-Pride appreciation event • Opportunity for a one city representative at the TD Bank VIP Media Meet&Greet Reception on Thursday,April 13th • Opportunity to supply pre-approved gift bag items for 800 VIP gift bags • Recognition on all 2023 press releases • 1 dedicated non-sales specific spotlight press release • 4 dedicated non-sales specific spotlight email blasts to our subscribers (individuals and corporations) • 4 dedicated non-sales specific spotlight Facebook posts • 4 dedicated non-sales specific spotlight Instagram posts • 4 dedicated non-sales specific spotlight tweets on Twitter • Name recognition/logo on step&repeat banners • City of Miami Beach listed as one of presenting sponsors on our sponsor page Parade • 1 preferred placement parade entry • Formal grandstand recognition:special recognition by our emcee,who will personally market your participation from the grandstand stage when your entry passes by 14 DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 J beach l�pnie MIAMIBEACH Festival • Signage/marketing o Opportunity to place up to 15 barricades covers throughout the festival. • Covers must be provided by the City • City of Miami Beach logo on our information station(s) • 1-10x10 tented area plus one 6'table and 2 chair o Must be manned both festival dates for the entire festival hours(noon to 11pm) o Must notify Miami Beach Pride's Festival Director of intended use by March 15, 2023 VIP Passes&Tickets • 8 invites to the TD Bank VIP Media Meet&Greet Reception o 1 each Mayor,Commissioners, City Manager(limited space) o Non transferrable; this event is invitation only • RSVP required • 32 VIP tickets to the VIP Beach Affair on Friday,April 14'" o 4 each Mayor,Commissioners,and City Manager • 16 VIP tickets to the Delta VIP Lounge at the MB Pride Festival on Saturday,April 15" • 16 VIP tickets to the Delta VIP Lounge at the MB Pride Festival on Saturday,April 16" • 16 Reserved seating at the Grandstand across from the Grandstand stage o 2 each Mayor,Commissioners,City Manager DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 AC� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/24/2023 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 CONTACT NAME: W.Chad Ballard VantageChoice Insurance Agency WC.PHONE o, . (702)509-5256 FAX No): (702)509-5256 1000 N.Green ValleyParkwayE-MAIL Chad vanta echoice.com ADDRESS: C�2 g Suite 440-289 INSURER(S)AFFORDING COVERAGE NAIC N Henderson NV 89074 INSURER A: Great Divide Insurance Company 25224 INSURED INSURER B: Miami Beach Gay Pride, Inc. INSURERC: _ 1210 Washington Ave INSURER D:_ Suite 255 INSURER E: Miami Beach FL 33139 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 TYPE OF INSURANCE ADDL SUER - MMIPOLICY EFF POLICY EXP LIMITS LTR INSD WW1 POLICY NUMBER IDD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) . $ 300,000 X Liquor Liability$1 MM/$1 MM MED EXP(Any one person) $ Excluded A X CLA 7520959-10 03/24/2023 04/18/2023 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PROT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JEC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A AWNED SCHEDULED AUTOS ONLY AUTOS CLA 7520959-10 03/24/2023 04/18/20223 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) Deductible $ None X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE CUA 7520960-10 03/24/2023 04/18/2023 AGGREGATE $ 2,000,000 DED RETENTION$ Self Insured Retention $ None WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE ri E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Inland Marine-Rented Equipment A CLA 7520959-10 03/24/2023 04/18/2023 Owned, Leased,Rent $250,000 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The Certificate Holder is added as Additional Insured with respects to our Insured's operations only. This insurance is primary and non-contributory as required by written contract. This coverage is with respect to Miami Beach Pride Festival event to be held 04/15/2023-04/16/2023 at Lummus Park Miami Beach FL. Waiver of Subrogation Applies(only as required by written contract). 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. 1700 Convention Center Drive AUTHORIZED REPRESENTATIVE Miami Beach FL 33139 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPONSORSHIP OF THE 2023 MIAMI BEACH PRIDE FESTIVAL, WHICH WILL TAKE PLACE FROM MARCH 31ST, 2023 THROUGH APRIL 16, 2023, WHICH INCLUDES CASH SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $188,000, AS PREVIOUSLY APPROVED BY THE CITY COMMISSION IN THE FY 2023 OPERATING BUDGET, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SPONSORSHIP AGREEMENT, AND WAIVER OF SPECIAL EVENT AND CITY SERVICES FEES, IN AN AMOUNT NOT TO EXCEED $46,267.89; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT WITH THE EVENT ORGANIZER, MIAMI BEACH PRIDE, INC. WHEREAS, Miami Beach Gay Pride brings people together to recognize and celebrate members of the lesbian, gay, bisexual, and transgender ("LGTBQ") community, as well as their friends, allies, and supporters in celebration of the LGTBQ community; and WHEREAS, Miami Beach Gay Pride celebrates Miami-Dade County's LGTBQ community with week-long festivities along Ocean Drive and draws big crowds — in 2019, the Miami Beach Pride Festival drew over 140,000 attendees; and WHEREAS, since 2009, the Miami Beach Gay Pride has taken place in Lummus Park, between 11th and 14th Streets during the month of April; and WHEREAS, in the past, the City Commission authorized a cash sponsorship in the amount not to exceed $188,000 and a waiver of special event and City Service fees WHEREAS, for the upcoming 2023 Miami Beach Gay Pride, the Mayor and City Commission wish to authorize the City Manager to execute a sponsorship agreement with the event organizer, Miami Beach Pride, Inc., for a cash sponsorship in an amount not to exceed $188,000, as previously approved by the City Commission in the FY 2023 Operating Budget, authorizing the City Manager to negotiate and execute a sponsorship agreement, and a waiver of special event and City services fees in an amount not to exceed $46,267.89, which include a special event application fee in the amount $286, special event permit in the amount of $570, Lummus Park user fee in the approximate amount of $10,460.09, Police Department Administrative fees in the approximate amount of$5,988, Fire Department fee in the approximate amount of$6,000, sanitation fees in the amount of $616, Vehicle Beach Access passes in the approximate amount of $4,325, and square footage fees in the approximate amount of $18,022.80. DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve sponsorship of the 2023 Miami Beach Pride Festival, which will take place from March 31, 2023 through April 16, 2023, which includes cash sponsorship in an amount not to exceed $188,000, as previously approved by the City Commission in the FY 2023 Operating Budget, authorizing the City Manager to negotiate and execute a sponsorship agreement, and waiver of special event and City services fees, in an amount not to exceed $46,267.89; and further, authorize the City Manager to execute a sponsorship agreement with the event organizer, Miami Beach Pride, Inc. PASSED and ADOPTED this day of , 2023. ATTEST: Dan Gelber Mayor Rafael E. Granado City Clerk (sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 M I AM I BEACH Contract/Document Routing Form Con No. ar_. Special Events Sponsorship Agreement—Miami Beach Gay Pride,Inc Contractor Requesting Department Tourism and Culture Department Department Director Name&Sigaau.rc ACM Name&Signature Lissette Garcia Arrogante FreuAttis Vaattitth Marcia Monserrat i i& CIA m yy, zif A80015F04A55474... \ ,F7 : , 11.4:11 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$188,000 from the Resort Tax Fund was approved for a cash sponsorship for Miami Beach Gay Pride.The Mayor and City Commission also approved Resolution 2023-32537 to allow the Administration to execute a sponsorship agreement for a cash sponsorship not to exceed$188,000 and waive special event and city service fees in an amount not to exceed$46,267.89. Original Term 41111.11111111111111, Renewal Periods 1IR Total Term(Original+Renewals) One(1)Time One(1)Time Funding Informat Grant Funded: - Yes I. No State Federal Other: .-. Cost&Funding Source Annual Cost •, Account •-- - Require Enhancement 1 $188,000 160-4300-000349-00-406-555-00-00-00- 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. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32537 C7 W March 27,2023 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: Compliance Approvals(see attached) Procurement: Grants: DocuSign Envelope ID:3E1 E79CE-10C6-499B-8041-E191339DA533 oru..gned by: Budget: Ta nelsa Otto SSttev�art I formation Technology: MAO S. Risk Management: WftiqiigratWEINi63. Fleet&Facilities: itt4n, J« 1.iyy Human Resources: .BC5ECB2987404OB . Other: TOURISM AND CULTURE DEPARTMENT DATE: 04/19/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff FROM: Lissette Garcia Arrogante, Tourism and Culture Director' ' SUBJECT: Sponsorship Agreement For: Information Only X Review & Approval X City Manager's Signature Other Comments: ❑ Fee Waiver Memo/Consecutive Day Clause Memo ❑ Street Closure: ❑ Special Event Permit(s): ® Other: Sponsorship Agreement- Miami Beach Gay Pride, Inc ❑ Film Permit: Return to: ❑ Lissette A. x26597 ❑ Francys Vallecillo 26326 ® Jazmine Pena 27577 Date Needed: 04/21/23