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Sponsorship AgreementDocubign Envelope ID: 13U1t-SUli-385C;-44134-8192-A6U3b64C:U982 2023jZti%q G SOBEWFF SOUTH BEACH WINE & FOOD FESTWAr PRESENTED BY "ZY7- City of Miami Beach, Florida SPONSORSHIP AGREEMENT Sponsor: City of Miami Beach, Florida Address: 1755 Meridian Avenue, Suite #500, Miami Beach, FL 33139 The Florida International University Board of Trustees, a charitable governmental unit qualifying for Federal tax exemption pursuant to Internal Revenue Code (°I.R.C.") section 115(1) ("FIU"), as administrator and co -producer of the Food Network South Beach Wine & Food Festival presented by Capital One (the "Festival", and togetherwith FIU, the "Festival Organizer'), thanks Sponsor for its commitment as a Platinum sponsor of the Festival'. This Sponsorship Agreement (the "Agreement°) shall commence as of the last date signed below (the "Effective Date") and shall continue through and including May 1, 20282, unless otherwise terminated pursuant to the terms hereof, including Section 11A, in Article III. In consideration of the terms outlined herein, the parties agree as follows: SPONSOR'S CONTRIBUTION (please put N/A if not applicable): A. Cash Contribution3: $TBD Payment Due Date: N/A B. In -Kind Contribution4: $TBD C. Total Contributions: $TBD II. SPONSOR'S SPONSORSHIP BENEFITS (please put N/A if not applicable): A. Level: Sponsor will be recognized as a Platinum sponsor of the 2024 - 2028 Festivals. B. General Festival Recognition: Sponsor will receive tiered level logo recognition on the welcome banners at the Grand Tasting Village. C. Participating Event(s): Appendix #: *Event Name: Event Recognition: Credentials: Goya Foods Grand Tasting Village featuring Grand Supporting Sponsor Tasting Tents and Publix Culinary Demonstrations A sponsored by Sub -Zero Group Southeast (Saturday N/A and Sunday) AND Wine Spectator Trade Day presented by Beverage Media Group hosted by Southern Glazer's Wine & Spirits (Friday) B TBD Thursday Night North Venue Event Supporting Sponsor N/A B TBD Friday Night North Venue Event Supporting Sponsor N/A B TBD Saturday Night North Venue Event Supporting Sponsor NIA 1 While this Agreement governs the 2024-2028 Festivals, most benefits and deadlines outlined in this Agreement are only applicable for the 2024 Festival. Accordingly, all benefits and/or deadlines applicable to the 2024-2028 Festival(s) which are not contemplated herein shall be outlined in separate addendums to this Agreement, to be agreed upon by the parties by August 1st of each contract year. Additionally, the Festival Organizer may modify those benefits and/or deadlines outlined herein for such future Festival(s); however, such benefits shall not be less than those outlined in this Agreement. '- Should Sponsor and Festival Organizer wish to extend this Agreement, all terms outlined herein will be valid for an additional five (5) year period (2029, 2030, 2031, 2032 and 2033 Festivals). The option to extend this Agreement will be agreed to in writing no later than April 30, 2028. 3 See Appendix D for details of Cash Contribution- 4 See Appendix D for details of In -Kind Contribution. The Total Contribution is provided to the Festival in exchange for Sponsor's participation in the 2023 Festival and is the basis for Sponsor's benefit level. 6 The Appendix for each above -listed Event and/or Opportunity (as applicable) is attached to the back of this Agreement (under the related Appendix #) and is hereby incorporated by this reference. Sponsor acknowledges, understands and agrees that, in addition to the terms of this Agreement, the terms outlined in each Appendix shall govern Sponsor's involvement in the related Event and/or Opportunity and Sponsor agrees to abide by the terms outlined therein. DS Page 1 of 15 INITIALS: 5L UocuSign Envelope ID: t3U1h5Ut3-38!) 44ti4-8192-A603564(;L)982 Food Network South Beach Wine & Food Festival presented by Capital One B TBD Sunday Night North Venue Event Supporting Sponsor NIA C Fontainebleau Miami Beach presents Wine Supporting Sponsor N/A Spectator's Best of the Best presented by Capital One *The above -listed events shall each be known individual) as an "Event' and collective) as the "Events." E. Additional Opportunities: Opportunity Appendix #: Opportunity: D In -Kind Contribution to the Festival E Non-event related assets Ill. TERMS AND CONDITIONS. In addition to the above -listed event appendices and opportunity appendices, as applicable (each, an "Appendix" and collectively, the "Appendices"), Sponsor's involvement with the Festival shall be governed by the following terms and conditions: Tickets A. Complimentary Tickets. In addition to the aforementioned Benefit Package, The Festival will provide Sponsor with the following complimentary allotment of tickets: o Additional tickets for Sponsor: ■ Eight (8) tickets to Grand Tasting Village on Saturday ■ Eight (8) tickets to Grand Tasting Village on Sunday ■ Sixteen (16) tickets to TBD Thursday Night North Venue Event • Sixteen (16) tickets to TBD Friday Night North Venue Event ■ Sixteen (16) tickets to TBD Saturday Night North Venue Event ■ Sixteen (16) tickets to TBD Sunday Night North Venue Event o Ticket orders should be placed with the Festival's internal Ticketing Manager as soon as possible to ensure availability of first choice; exact ticket allocations are subject to availability. No ticket orders will be accepted by the Ticketing Manager and no Ticket Credits may be redeemed by Sponsor the date that is thirty (30) calendar days prior to the first day of the Festival each year. B. Ticket Purchases. Additional tickets, including for seated events, may be purchased at cash value by wire transfer, check or credit card, subject to applicable 7% Florida Sales Tax. All ticket orders are subject to availability. C. Distribution. No tickets shall be distributed until, if applicable, (1) Sponsor's Cash Contribution under section I, Sponsor's Contribution, on page 1 of this Agreement ("Cash Contribution"), has been paid in full, (2) all elements of Sponsor's activation plan and design are approved and/or (3) Sponsor has submitted all required inventory shipping forms. Subject to the foregoing requirements, tickets will be distributed 2-3 weeks prior to the Festival. 2. Credentials The Festival provides credentials for operational working personnel directly related to the activation of Sponsor's footprints for the day(s) and Events that Sponsor has a Festival approved activation, footprint or build out. For example, executives and sales personnel are not eligible for operational working credentials and must be ticketed. Terms related to Sponsor's receipt of any credentials are as follows: A. Sponsor will receive credentials for working access to each Event in the amount specified on the front page of this Agreement. Sponsor acknowledges that such working access does not grant the bearer a seat at any seated events; seats are reserved for ticketed guests. B. All credentials for set up and breakdown personnel are included within this allocation of credentials to Sponsor; the Festival will not allocate separate credentials for set up and breakdown personnel. C. IMPORTANT NOTICE: CREDENTIALS ARE ISSUED ON -SITE AT THE FESTIVAL. NO CREDENTIAL SHALL BE ISSUED UNLESS ALL AMOUNTS LISTED UNDER SECTION I, SPONSOR'S CONTRIBUTION, ARE PAID IN FULL. D. No person shall be granted access to the Event site without a valid credential or ticket. This requirement will be strictly enforced. All workers, including those assisting with load -in and set-up, as well as any private photographer, videographer or other media - type personnel working directly for the Sponsor, must visibly display a valid credential at all times beginning on Wednesday, February21, 2024. For the avoidance of doubt, the foregoing provision shall apply to the City in its proprietary capacity as a party to this Sponsorship Agreement, and shall not apply to or otherwise restrict City personnel from accessing the Event sites at any time, if such City personnel are acting pursuant to a regulatory or law enforcement capacity with respect to any aspect of the Event or Event sites. E. If Sponsor desires to utilize a photographer and/or videographer for Sponsor's own purposes (e.g., to document Sponsor's activation), such photographer(s) and/or videographer(s) will not be considered to be press and must utilize Sponsor's tickets and/or credentials to gain access to the Event; Festival Organizer shall not permit any other access. Additionally, Sponsor os Page 2 of 15 City of Miami Beach, Florida INITIALS: ��� UocuSign Envelope ID: t3DlFbDb-385U-4484-8192-A(jO3b64C:U982 Food Network South Beach Wine & Food Festival presented by Capital One must fill out the appropriate form (link to be provided) to notify the Festival Organizer of such plans by Friday, February 9, 2024. Sponsor is responsible for communicating Festival's photo/video/filming guidelines outlined on the form to any such photographers/videographers. Additional credentials (over and above Sponsor allotted amount) may be available and must be requested prior to the Event. Sponsor acknowledges that the Festival is not responsible for and cannot guarantee the availability of credentials for any reason, whether for purchase or otherwise. 3. Press A. Press Registration. All press must apply for access to the Festival through the Festival's Public Relations department no later than Monday, January 22, 2024 (http://sobewff.org/media/press-access. Due to legal guest capacity and/or inventory control limitations, Festival will not have guest lists at registration and will not provide access to any members of the press or other guests, unless they have been previously approved and ticketed or credentialed by the Festival. B. Press Access. If Sponsor desires to use its tickets and/or credentials to invite press to cover the Festival, Sponsor must submit the press names to the Festival's Public Relations Director for approval no later than Monday, January 22, 2024. Sponsor must receive the Festival Organizer's approval prior to any transfer. Additionally, due to the Festival's overarching policies regarding filming of content at Festival events, all press video/filming access plans are subject to the Festival Organizer's review and approval. C. Attending Media List. Attending media list shall be released ten (10) days prior to the start of the Festival. 4. Print and Media Recognition A. If this Agreement is executed prior to Friday, November 3, 2023, and Sponsor has timely submitted its logo to the Festival Organizer per paragraph 8 (Logo and Sponsorship Acknowledgement Guidelines) of this Agreement, Sponsor will receive the following recognition in the editorial pages of the Official Guide to the 2024 South Beach Wine & Food Festival: 1. Logo recognition (or line listing, as appropriate, as determined by the Festival) on the sponsor acknowledgement page. 2. Logo recognition (or line listing, as appropriate, as determined by the Festival) on the event -specific pages for the Event(s) listed above. B. Festival will provide a full -page ad to Sponsor, at no cost, in the Official Guide to the 2024 South Beach Wine & Food Festival. See Exhibit A attached hereto for details. If the attached Exhibit A is from the 2023 Festival, an updated Exhibit A should be available by September 1, 2023. C. Sponsors logo or line listing (as appropriate, as determined by Festival) will appear with logos or line listings of all major sponsors in one full -page "thank you" advertisement running the weekend of the Festival in a newspaper publication of major circulation such as The Miami Herald. D. Sponsor will receive recognition (logo or line -listing as appropriate, as determined by Festival Organizer) in select print advertising in local and national publications. E. Sponsor will receive recognition (logo or line -listing as appropriate, as determined by Festival Organizer) in select print promotional materials distributed to local, national and international media. F. Sponsor will have the opportunity to produce press releases promoting its participation in the Festival, however all such press releases must be approved in advance by the Festival Organizer, such approval not to be unreasonably withheld, delayed or conditioned. All approved press releases shall be housed on the Festival's website in the press room. 5. Electronic Recognition A. Sponsor's logo (or line listing, as appropriate, as determined by the Festival Organizer) will appear on the following pages of the Festival's website, with a link to the Sponsor's website: • Sponsor Level: Platinum • On the event -specific pages for the Event(s) listed on the front page of this Agreement, if applicable. B. Sponsor's logo or line listing, as appropriate, as well as Sponsor's contribution of a mutually -agreed upon auction item, if any, will be placed on the Festival's Online Auction website pursuant to the terms outlined throughout this Agreement, and at any one of the following sites: • The Holiday Online Auction, taking place from mid -November 2023 through mid -December 2023. • The Main Online Auction, taking place from February 2024 through March 2024. C. Any logo recognition and link will remain on the Festival website from the Effective Date of this Agreement until May 1, 2024. D. If Sponsor is a Diamond level sponsor, or higher: 1. Juicy Tidbits: Festival e-Newsletter. Sponsor will have the opportunity to be featured in the Festival e-Newsletter, Juicy Tidbits, distributed to approximately 400,000 recipients consisting of Festival fans, supporters, partners and individuals who have opted into e-mail subscription. Sponsor will work with the Sponsor Manager provided by the Festival to curate material relevant to Sponsor's involvement within the Festival and timeframe of distribution. 2. Web Banner. Sponsor will have the opportunity to provide a digital web banner to be located on the Festival's website. This 7�DS Page 3 of 15 City of Miami Beach, Florida INITIALS: 'JaS 5 UocuSign Envelope IU: r3U1F-bDB-38b( 44B4-8192-AbU35Ei4C D982 Food Network South Beach Wine & Food Festival presented by Capital One web banner will appear in a rotation with other digital web banners. Sponsor cannot utilize the Festival's logo in the web banner graphics. Detailed specifications for such banner requirements shall be provided to the Sponsor. 6. Gifting. If Festival produces a pre -stuffed gift bag, Sponsor may receive the following gifting opportunities: A. Trade Day Gift Bag Inclusion — the opportunity to include a promotional item or sample to be included in a minimum of 4,500 Trade Day gift bags distributed to attendees. B. Grand Tasting Gift Bag Inclusion — the opportunity to include a promotional item or sample to be included in all 12,000 Grand Tasting gift bags distributed to attendees. Weight and size restrictions will apply. Limited placement opportunities available. Paper materials (e.g., pamphlets, promotional literature or brochures) are strongly discouraged. Whenever possible, printed pieces should be produced using 100% recycled materials, and they should not exceed two (2) ounces in weight. A# promotionallgift items should not exceed eight (8) ounces in weight. All items must be approved in advance by the Festival no later than Monday, January 15, 2024. 2024 Festival Auctions. Sponsor will have the opportunity to donate a mutually agreed upon auction item to one of the Festival's Online Auctions. Sponsor's logo or line listing, as appropriate, as determined by the Festival, as well as a full description and photo of the Sponsor's auction item, will be placed on one or more of the Festival's Online Auction websites during these time frames: A. The Holiday Online Auction will take place from mid -November 2023 through mid -December 2023. B. The Main Online Auction will take place from February 2024 through March 2024. Festival warrants and represents that its Online and Silent Auctions will be conducted in accordance with applicable law, including but not limited to the auctioning of items that contain alcohol content. 8. Logo and Sponsorship Acknowledgement Guidelines A. All recognition to be received by Sponsor in accordance with this Agreement, including but not limited to Electronic Recognition and Print & Media Recognition, shall be subject to and in accordance with these Guidelines. B. The Festival Organizer shall be entitled to reject any logo submissions which do not adhere to the requirements outlined herein, without any further liability to the Festival. C. Sponsor must complete a Sponsor Brand Marketing Form (which includes Sponsor's logo submission) within two (2) business days after execution of this Agreement. The form can be found here: https://corporate.sobewff.org/forms/2023-sobewff- sponsor-brand-marketing-form/. Within two (2) business days after the Festival's receipt of the Sponsor's completed intake form, Sponsor's logo recognition benefits will be included in all applicable formats which are still available to Sponsor (i.e., website recognition, other electronic recognition). Sponsor will not receive any such benefits until the Agreement is finalized and the completed form (and logo) are received by the Festival. Sponsor acknowledges that Festival Organizer shall not be obligated to provide recognition benefits to Sponsor for which recognition deadlines have already passed. Any requested logo changes by Sponsor submitted to the Festival after Friday, January 5, 2024 will not be guaranteed to be used for printed materials. Any reprinting costs associated with a Sponsor's logo change shall be the sole responsibility of the Sponsor. D. Sponsor shall utilize the following pre -approved verbiage when acknowledging their sponsorship of the Festival: 1. 'A proud sponsor of the Food Network South Beach Wine & Food Festival presented by Capital One." 2. "[Sponsor] is honored to support the 2024 Food Network South Beach Wine & Food Festival presented by Capital One.' 3. "[Sponsor] is honored to support SOBEWFFO.° 4. "[Sponsor] is honored to support the 2024 South Beach Wine & Food FestivalO." 9. Festival Licensing Rights A. Grant of Rights. 1. Festival Marks. Festival Organizer hereby grants Sponsor the limited, non-exclusive, right and license to use Festival marks and logos, as provided to the Sponsor by the Festival Organizer ("Festival Marks") on a royalty -free basis, in promotions, advertising and website identification for the purpose of Sponsor leveraging its sponsorship position. Sponsor must obtain the prior written approval of Festival 0 rg a n i ze r as to all proposed promotional, advertising, identification or other materials prepared by Sponsor pursuant to this paragraph prior to their publication, circulation, or display. Sponsor shall place the indicia °SM" or 'TM" next to each use of any Festival Mark. Sponsor will not use Festival's Marks for any purpose other than those set forth in this Agreement. 2. Sponsor Marks. The Festival Organizer shall have the limited, non-exclusive right and license to use Sponsor's trademarks and logos, as provided to the Festival by Sponsor ('Sponsor's Marks") on a royalty -free basis for the exclusive purpose of implementing the various sponsorship benefits set forth in this Agreement, including, but not limited to, providing Sponsor with logo recognition in promotions, advertising, website identification or other Festival -related materials. The Festival Organizer will not use Sponsor's Marks for any purpose other than those set forth in this Agreement. B. License Duration. This limited license is granted for the duration of the 2024 Festival or as otherwise specified in this DS Page 4 of 15 City of Miami Beach, Florida INITIALS: F. UocuSign Envelope ID: /3U1f5UB-38b 44B4-8192-AEiU3b64(;L)9 32 Food Network South Beach Wine & Food Festival presented by Capital One Agreement. All rights and privileges granted to each party by this limited license shall immediately expire on the date of expiration or earlier termination of this Agreement. C. Goodwill. Sponsor and the Festival Organizer recognize the great value of the goodwill associated with each party's intellectual property. Each party acknowledges that the other party has an interest in maintaining and protecting the image and reputation of its respective intellectual property, and that the other party's intellectual property must be used in a manner consistent with the standards established by that party. D. No Assignment. This limited license and all rights and duties hereunder are personal to Sponsor and shall not, without the written consent of the Festival Organizer, be assigned, mortgaged, sublicensed or otherwise encumbered or transferred by Sponsor or by operation of law. E. No Joint Venture. This Agreement does not authorize Sponsor to do business under the name of "South Beach Wine & Food Festival" or "Florida International University" or any name similar thereto, or to enter into any contracts or agreements of any type in the name of, or on behalf of any of these parties. The Sponsor is not empowered to state or simply imply, either directly or indirectly, that Sponsor or its activities, other than pursuant to the limited license permitted herein, are supported, endorsed or sponsored by the Festival and upon the direction of the Festival Organizer shall issue express disclaimers to the effect. Nothing herein shall be construed to place the parties in the relationship of partners or joint venturers, nor shall any similar relationship be deemed to exist between them. 10. Product Inventory and Shipping A. Sponsors who use the Festival's inventory process to ship product to the Festival warehouse must adhere to the comprehensive inventory rules and regulations as provided by the Festival (the "Product Inventory and Shipping Rules") including, but not limited to, Sponsor's obligation to: 1. Complete and submit to the Festival an Inventory Summary Sheet, to be provided by Festival, documenting the specific items with description and quantity that Sponsor is sending to the Festival warehouse. 2. Affix to every box or pallet prior to shipping, a Festival -provided shipping label. 3. Ship its products within the Festival -assigned shipping window. Festival is not responsible for any products shipped outside of the shipping window. 4. Adhere to the return shipping process in the Product Inventory and Shipping Rules. Festival is not responsible for products that are shipped outside of the return shipping process. 11. Other Provisions A. Termination for Cause. Either party may terminate this Agreement immediately if the other party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of such breach. In addition, this agreement may be terminated by the City, in whole or in part, if any principal of Festival Organizer or other representative of the Festival is charged by authorities having legal jurisdiction with, or indicted or convicted of any felony, or a crime involving moral turpitude, or makes any untrue statement or commits any misleading act reflecting unfavorably upon the City's reputation or brand. B. Opportunity Deadlines. The Festival Organizer shall notify Sponsor of all deadlines for any "opportunity' outlined in this Agreement (including all appendices) which does not provide a clear deadline. Deadline notices shall be provided to Sponsor in writing, which may include e-mail, and in a timely manner (i.e., not less than thirty (30) calendar days prior to the deadline). All opportunities must be accepted or rejected by the deadline provided, or Sponsor risks losing such opportunity. C. Preferred Vendors. Festival will provide access to preferred decor/activation and catering vendors, which can be found here: https://sobewff.org/vendors. D. Exception to Exclusivity. The Festival's title partner Food Network shall retain the right to display any Food Network branded elements within Sponsors footprint(s) regardless of category exclusivity. E. Confidentiality. Omitted. F. Public Records. Each of the Sponsor and Festival Organizer is subject to applicable public records laws as provided by provisions of Florida Statutes Chapter 119, and each will respond to such public records requests as required by the law. This provision shall survive the expiration or earlier termination of this Agreement. G. Loss/Theft. Sponsor is solely responsible for the security of all goods, property, equipment, materials, product or any other items ("Sponsor's Property') that it or its contractors, agents, or other representatives bring to the Festival. The Festival Organizer shall have no obligation or liability whatsoever for any loss, misplacement or theft of Sponsor's Property unless such loss, misplacement or theft directly arises from the Festival Organizer's gross negligence or willful misconduct. H. Compliance with Applicable Laws & Permits. The parties shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all other governmental requirements, in performing under this Agreement. Sponsor acknowledges and agrees that Sponsor has and will at all times maintain all applicable governmental permits, licenses, consents, and approvals necessary to perform its obligations under this Agreement. The Festival Organizer agrees that it will obtain in advance all state and local event permits and licenses required to conduct the Event(s), including all alcohol beverage permits or licenses. I. Alcohol Beverage Law Representations. DS 71�S Page 5 of 15 City of Miami Beach, Florida INITIALS: 'l UocuSign Envelope ID: /3U1FbDB-385(:-44B4-8192-A6O3b64(:U981 Food Network South Beach Wine & Food Festival presented by Capital One 1. If Sponsor is supplying and/or serving alcohol (including beer, wine and/or spirits), Sponsor, warrants, represents and agrees with the following statements: i. This Agreement is entered into solely for the marketing and promotional rights described herein and that Sponsor's rights under this Agreement are in no way conditioned on any agreement or understanding that any person, firm or company affiliated with or otherwise related to the Festival Organizer will be required to purchase or sell any alcohol beverage produced, sold, offered for sale, or served by Sponsor, or refrain from purchasing, selling, or serving any competing products. By entering into this Agreement, Sponsor does not agree, expect, or intend to induce the purchase of any alcohol beverage produced, sold or offered for sale by Sponsor. ii. Sponsor has no agreement with any alcohol beverage retail licensee related to or respecting this Agreement. iii. All tickets sold as set forth in this Agreement to the various events are for the benefit of the Festival Organizer only. iv. Any alcohol served or visible on -site must be approved by the Festival Organizer in advance and must be distributed by Southern Glazer's Wine and Spirits of Florida. v. Sponsor acknowledges that any and all alcohol beverages donated in connection with the Event(s) that remain unused at the end of the Event(s) shall be immediately disposed of by Sponsor and/or removed from the Event Location(s) within the assigned breakdown time, as detailed in the appropriate Appendix. Absolutely no alcohol beverages may remain at the Event Location after the assigned breakdown time. Should the Sponsor wish to keep any unused product at the conclusion of the Event, it is the responsibility of the Sponsor to make arrangements in advance for any unused product to be removed from the site within the assigned breakdown time, and to clear those prior arrangements on site with the Festival's Supplier Coordinator. The Festival has no responsibility or liability to the Sponsor for any unused product once the Event has concluded. Festival policy does NOT permit the solicitation of on -site sales by any and all Festival sponsors; no cash and carry activity will be permitted at any time. 2. The Festival Organizer represents that no monies paid for the sponsorship rights identified in this Agreement are intended to be or will be passed on by the Festival Organizer to any alcohol beverage retail licensee as an inducement to any such retailer to purchase any alcohol beverage produced, sold or offered for sale by Sponsor, nor will any such monies be used to defray any costs that any alcohol beverage retailer would incur in the conduct of its business, including, but not limited to, the purchase of advertising. The Festival Organizer further represents that it is not a licensed retailer of alcohol beverages and that no money paid by Sponsor shall directly or indirectly be paid to a retailer of alcohol beverages. J. No Third Party Rights. This Agreement does not and is not intended to confer any rights or remedies to any party other than the parties to this Agreement. Sponsor acknowledges that no branding or benefits relating to the Festival shall be made available to any entity other than Sponsor, except upon the Festival Organizer's advance written approval. K. Indemnification. Each party agrees to be: (i) fully responsible for its acts of negligence or its employees or agents' acts of negligence when acting within the course and scope of their employment or agency; and (ii) liable for any damages resulting from said negligence. The foregoing shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, and expressly subject to the provisions of that statute whereby neither party shall be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by said party arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be construed as making either party responsible for any liability or claim arising out of the negligent performance or failure of performance of the other party. Further, nothing contained herein shall be construed or interpreted as: i) denying ether party or other state or public entity any remedy or defense available under the laws of the State of Florida; ii) the consent of either party to be sued; or iii) a waiver of sovereign immunity of either party beyond the waiver described herein and provided in Section 768.28, Florida Statutes. L. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and any dispute arising hereunder shall be resolved in the State courts located in Miami -Dade County, Florida. M. Payment. N/A. N. Failure to Make In -Kind Contribution. If Sponsor is making an In -Kind Contribution, if any, as outlined under section I "Sponsor's Contribution" on page 1 of this Agreement ("in -Kind Contribution"), and Sponsor fails to make such In -Kind Contribution prior to the start of the 2024 Festival, Sponsor shall not be permitted to access the 2024 Festival or any Festival Event(s), including those for which it is involved, until the In -Kind Contribution is received by the Festival. If the Festival and/or any applicable Festival Event(s) conclude without the Festival receiving the In -Kind Contribution from Sponsor, Sponsor agrees to reimburse the Festival for all costs incurred by the Festival related to Sponsor and for all marketing/publicity benefits received by Sponsor. 0. Notices. Any notices to be made hereunder shall be made in writing and shall be sent by hand delivery, email, overnight courier or certified United States mail, return receipt requested, with postage prepaid. Each party may, by notice to the other party as provided herein, change the address to which notices or payments thereafter shall be sent: Notices to Sponsor shall be sent to: City of Miami Beach, Florida 1755 Meridian Avenue, Suite #500, Miami Beach, FL 33139 Attn: Alina T. Hudak, City Manager os Page 6 of 15 City of Miami Beach, Florida INITIALS: Fn Uocubign Envelope IU: 13131 FbDB-3bb 44tf4-8192-A603b64C L)982 Food Network South Beach Wine & Food Festival presented by Capital One Phone: 305-673-7577; E-mail: lissettearrogante@miamibeachfl.gov Notices to the Festival shall be sent to: Florida International University c/o South Beach Wine & Food Festival HQ 2105 N. Miami Avenue, Miami, FL 33127 Attn: Ashley Shapiro, Associate Director, South Beach Wine & Food Festival® Phone: 305-627-1617; E-mail: ashapiro@sgws.com P. Waiver & Amendments. The failure of either party hereto to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of such provision or election. No waiver, modification or amendment by any party shall have been deemed to have been made unless expressed in writing by such party. Q. Severability. In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be ineffective as to such jurisdiction solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof or affecting the validity, legality or enforceability of such provisions in any other jurisdiction. R. Event Changes; Force Majeure. The parties agree that if the Festival or any of its event(s) is postponed or canceled by the Festival or the Sponsor in its regulatory capacity due to public health and/or safety concerns or if either party is delayed or is unable to fulfill or perform any of the terms or obligations under this Agreement (other than a party's payment obligations) due to any event beyond either party's reasonable control, including but not limited to: acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, public health emergencies (such as a result of epidemics and pandemics), any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other similar occurrence beyond the reasonable control of the parties (the "Force Majeure Event"), neither party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Agreement. Notwithstanding the foregoing, the affected party must diligently attempt to perform (including through alternate means). If a party is prevented, hindered, or delayed in performing any of its obligations under this Agreement as a result of the events outlined in this Section (even through alternate means), the parties shall in good faith negotiate changes to this Agreement. For example, the parties agree that, if, due to the events outlined in this Section, the Sponsors benefit(s) or entitlement or portion of such benefits set forth in this Agreement become unavailable or become impossible to provide, the parties shall mutually and reasonably agree on a different "make good" benefit or right or entitlement that has substantially the same value as the unavailable benefit(s). S. Insurance. The Sponsor, as a municipal corporation, warrants and represents that it is self -funded for liability insurance; the Sponsor is not required to obtain additional insurance for this Agreement. The Sponsor is not liable for the acts of third parties or the consequences of the acts of third parties. The Festival, as a part of FIU is a public body corporate entity, warrants and represents that it is self -funded for liability insurance; the Festival is not required to obtain additional insurance for this Agreement. The Festival is not liable for the acts of third parties or the consequences of the acts of third parties. T. Representations. Sponsor represents and warrants that it is not on the Convicted Vendor List (see Florida Statutes §287.133(2)(a)). Sponsor also assumes such risk with respect to the willful or negligent acts or omissions of Sponsors subcontractors or persons otherwise acting or engaged to act at the instance of Sponsor in furtherance of Sponsor fulfilling Sponsors obligations under this Agreement. U. Sovereign Immunity. Nothing in this Agreement shall be construed as the Festival Organizer's indemnification of Sponsor or Sponsor's indemnification of Festival Organizer or as a waiver of sovereign immunity by either party beyond that provided in Florida Statutes §768.28. V. Drafting. No provision of this Agreement shall be interpreted for or against any party on the basis that such party was the draftsman of such provision, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. W. Signatures. The parties hereby acknowledge and agree that this Agreement may be signed electronically and that such electronic or facsimile signatures shall be deemed an original for all purposes. The parties represent and warrant that any person signing this Agreement electronically or causing this Agreement to be signed electronically has the authority to do so and that such electronic signature shall be sufficient to bind the respective party under this Agreement. X. Authority. Each party represents and warrants that the Agreement has been duly authorized, executed and delivered by and on behalf of the such party and constitutes the valid, binding and enforceable agreement in accordance with the terms hereof. If the Agreement is signed by a party's representative or agent, such representative or agent represents and warrants that: (1) it is duly authorized to act for and on behalf of such party and (2) that it is authorized to enter into the Agreement. Y. Entire Agreement. This Agreement, along with any and all exhibits and appendices attached hereto, sets forth the entire understanding between the parties and supersedes all prior agreements, arrangements and communications, whether oral or written, with respect to the subject matter hereof. No other agreements, representations, warranties or other matters, whether written or oral, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Sponsor acknowledges that DS Page 7 of 15 City of Miami Beach, Florida INITIALS: UocuSign Envelope ID: t3U1FbUb-385G-44b4-8192-A603564GU982 Food Network South Beach Wine & Food Festival presented by Capital One it is entering into this Agreement solely on the basis of the agreements and representations contained herein. SPONSOR ACKNOWLEDGES AND AGREES THAT THE FESTIVAL SHALL NOT CONFER ANY SPONSORSHIP BENEFITS WHATSOEVER TO SPONSOR UNTIL SUCH TIME AS A FULLY EXECUTED CONTRACT BETWEEN THE FESTIVAL AND SPONSOR IS IN PLACE. By signing below, Sponsor represents that Sponsor has had the opportunity to review this Agreement and agrees with all of the terms and conditions contained herein. The duly authorized representatives of the parties hereby execute this Agreement as of the Effective Date. AGREED: City of Miami Beach, Florida Alina T. Hudak City Manager City of Miami Beach, Florida Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION .�Cet�i-..•to �o�ji-c�-.D 2/16/2023 yr City Attomey Dote ATTEST: Rafael E. Granado, City Clerk MAY 2 2 �G23 Page 8 of 15 City of Miami Beach, Florida AGREED: The Florida International University Board of Trustees DocuSigned by: �aµi�i, ( - Sltil�tr David H. Snider Assistant Vice President, Business and Finance Florida International University 2/16/2023 Date: *Reviewed & Approved by the FIU Office of the General Counsel* DS INITIALS: Rks UocuSign Envelope ID:13U11-5Uti-385G-44t34-8192-A6U35Qi4C D982 Food Network South Beach Wine & Food Festival presented by Capital One EVENT APPENDIX A The Event: Event Name: Goya Foods Grand Tasting Village featuring Grand Tasting Tents and Publix Culinary (an "Event") Demonstrations sponsored by Sub -Zero Group Southeast (Saturday and Sunday) AND Wine Spectator Trade Day presented by Beverage Media Group hosted by Southern Glazers Wine & Spirits (Friday) Location: Grand Tasting at 13th Street and Ocean Drive, Miami Beach Date(s) of Event: Friday, Saturday & Sunday, Price Per Ticket: $TBD February 23, 24 and 25, 2024 Time of Event: Friday 11:00am — 3:00pm; Event 8,000 guests per day Saturday & Sunday 12:00pm — 5:00pm Capacity': Event Recognition: Terms related to this Event: 1. On -Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal recognition of the Event's sponsors by host or Festival representative. Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsors logo will be included on the Festival's on -site Box Office during the weekend of the Festival. c. Sponsors logo will be included on the back of the entrance truss at this Event. For example: "The City of Miami Beach (logo) thanks you for attending — see you next year!" d. Sponsor's logo will be included on sections of the scrim that surrounds the outside of this Event.' 2. Compliance with Festival Requirements. All Festival, venue and applicable governmental fire and safety codes, rules and regulations (including but not limited to the Festival's Code of Conduct) must be strictly adhered to. The Festival will have final authority governing placement, layout, installation and operation of all Festival -controlled venues. ' Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as part of its consideration in entering into this Agreement. ' If Sponsor re -brands or creates a new logo during the term of this Agreement and desires for the Festival to use the new logo in large format signs or other'long-lead' materials that Festival has procured for use over the course of multiple years, Sponsor will be responsible to pay for any re -branding of such large format signs or other long -lead items, should Sponsor desire for such items to be reproduced. os Page 9 of 15 City of Miami Beach, Florida INITIALS: UocuSign Envelope IU:/3U1FbDb-38bG-44U4-8182-A6U3b64CU982 Food Network South Beach Wine & Food Festival presented by Capital One EVENT APPENDIX B The Event(s): Event Name: TBD EVENT (an "Event") Location: North Venue, Beachside at 1 Lincoln Road, Miami Beach, FL 33139 Date(s) of Event: Thursday, February 22, 2024 Price Per Ticket: TBD Time of Event: 7:30pm—10:30pm; 7:OOpm Early Access Event Capacityr: 3,000 Event Recognition: Event Name: TBD EVENT (an "Event") Location: North Venue, Beachside at 1 Lincoln Road, Miami Beach, FL 33139 Date(s) of Event: Friday, February 23, 2024 Price Per Ticket: TBD Time of Event: 7:30pm—10:30pm; 7:OOpm Early Access Event Capacity*: 3,000 Event Recognition: Event Name: TBD EVENT (an "Event") Location: North Venue, Beachside at 1 Lincoln Road, Miami Beach, FL 33139 Date(s) of Event: Saturday, February 24, 2024 Price Per Ticket: TBD Time of Event: 7:30pm—10:30pm; 7:OOpm Early Access Event Capacity': 3,000 Event Recognition: Event Name: TBD EVENT (an "Event") Location: North Venue, Beachside at 1 Lincoln Road, Miami Beach, FL 33139 Date(s) of Event: Sunday, February 25, 2024 Price Per Ticket: TBD Time of Event: 6:OOpm — 9:OOpm; 5:30pm Early Access Event Capacity`: 3,000 Event Recognition: Terms related to the Event(s): 1. On -Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal recognition of the Events sponsors by host or Festival Organizer representative. Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsor's logo will be included on the back of the entrance truss at this Event. For example: "The City of Miami Beach (logo) thanks you for attending — see you next year!" c. Sponsor's logo will be included on the pertinent chef stations signs for those chefs with restaurants located in Miami Beach. 2. Compliance with Festival Requirements. All Festival, venue and applicable governmental fire and safety codes, rules and regulations (including but not limited to the Festival's Code of Conduct) must be strictly adhered to. The Festival will have final authority governing placement, layout, installation and operation of all Festival -controlled venues. Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as part of its consideration in entering into this Agreement DS �}�� Page 10 of 15 City of Miami Beach, Florida INITIALS: 'l Uocubign Envelope ID: /3Dll-bDB-3bb 44t34-8192-A6U3b64(;DY82 Food Network South Beach Wine & Food Festival presented by Capital One EVENT APPENDIX C The Event(s): Event Name: Fontainebleau Miami Beach presents Wine Spectator's Best of the Best sponsored by (an "Event") Capital One Location: Fontainebleau Miami Beach, 4441 Collins Avenue, Miami Beach Date(s) of Event: Friday, February 23, 2024 Price Per Ticket: TBD Time of Event: 7:30pm —10pm Event Capacity: 1800 Terms related to the Event(s): 1. On -Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal recognition of the Event's sponsors by host or Festival representative. Specific logo recognition will be provided as follows: a. Sponsor's logo will be included on welcome signage at this Event. b. Sponsor's logo will be included on the pertinent chef stations signs for those chefs with restaurants located in Miami Beach. DS Page 11 of 15 City of Miami Beach, Florida INITIALS: F. UocuSign Envelope ID: /3U1F5Ub-38b 44U4-81y1-A6035Fi4C;D982 Food Network South Beach Wine & Food Festival presented by Capital One EVENT APPENDIX D Sponsor's In -Kind Contribution to the Festival and Reimbursement for City Services A. For the 2024 Festival, Sponsor will waive the following City permit costs, estimated to be valued at approximately $150,000 related to the Grand Tasting Village, North Venue and any other City of Miami Beach Special Event -permitted venues that the Festival may use, and the Festival as a whole: i. Special Event -Application Fees ii. Special Event -Permit Fees iii. Special Event -Vehicle Beach Access Pass Fee iv. Special Event -Square Footage Fee v. Special Event-Lummus Park User Fee vi. Police Off -duty Administrative Fee vii. Signage Permits — as needed, estimated at $2,483 viii. Banner Permit Fee ix. Mini Billboard Permit Fee x. 20% Concession Fee xi. Rental Waiver for use of the Miami Beach Bandshell for two (2) days The aggregate value of waived fees will be capped at $150,000 per year (the "Fee Waiver Cap"). The Fee Waiver Cap shall be escalated each year commencing January 1, 2025 by the lower of the CPI (as defined below) or five percent (5%). In addition to the Sponsors in -kind contribution, for the 2024 Festival, within thirty (30) days from receipt of an invoice and back-up documentation reflecting payment by Festival Organizer, the Sponsor shall make a Cash Contribution in such amount as is necessary to reimburse the Festival for costs paid for City of Miami Beach Fire, Police and EMT services ("City Services"), subject to a cap of $175,000 (the "Cash Contribution Cap'). The Cash Contribution Cap shall be escalated each year commencing January 1, 2025 by the lower of the CPI or five percent (5%). B. "CPI" means the Consumer Price Index for All Urban Consumers for the United States, all items, index base period 1982-84=100 (commonly referred to as CPI-U), as published periodically by the United States Bureau of Labor Statistics. C. Should Festival Organizer host any additional events at new venues within the City of Miami Beach for which the fees listed above in Section A(i)-(x) are applicable, Sponsor will also waive the above fees related to these additional venues subject to the Fee Waiver Cap. D. Sponsor agrees to promote the Festival's special ticket offer to Residents of the City of Miami Beach as detailed in Opportunity Appendix E, Section G through the media assets listed below. Sponsor may use Festival -provided imagery in creating the promotions. Sponsor agrees to allow Festival Organizer to review the content of its promotions before such promotions are published by Sponsor. Sponsor will submit artwork directly to the Festival Organizer, and the Festival Organizer will approve or request changes within two (2) business days of receipt. Sponsor agrees to provide the Festival with artwork submission deadlines for all of the media listed below, at least 30 days prior to deadline: i. Listing in the Events Calendar on the Sponsors website, www.miamibeachfi.gov ii. At least three (3) consecutive placement's in the Sponsors electronic newsletter "This Week" or "E-Blast° and other Sponsor -owned electronic newsletters iii. Half -page (112) ad in the Fall issue of MB Magazine iv. Public Service Announcement (PSA) on MBTV (CH 77). E. If requested by the Festival, Sponsor agrees to provide Festival Organizer with corroborating documents related to the total value of its in -kind contribution. F. In recognition of the national and international media coverage of the Festival and the significant impact of this media coverage in promoting the City of Miami Beach as a premier tourism destination, Sponsor agrees, through appropriate staff as designated by the Sponsor, to recommend that the Greater Miami Convention & Visitors Bureau provide fiscal support to the Festival. DS Page 12 of 15 City of Miami Beach, Florida INITIALS:F�� Uocubign Envelope ID: /3U1FbL)B-3bb 44B4-8192-A(jO3b64GD9F31 Food Network South Beach Wine & Food Festival presented by Capital One OPPORTUNITY APPENDIX E Non -Event Related Assets A. 80% of the Festival's total event attendance will be allocated to events that take place in the City of Miami Beach, bringing over 50,000 visitors to the city. B. The Festival Organizer will work with Sponsor on co -marketing opportunities to promote important Sponsor initiatives and ties to the Festival. Details on co -marketing opportunities to be mutually agreed upon by Sponsor and the Festival and will be executed by the Festival Organizer's PR and Marketing team. The Festival Organizer will provide Sponsor with the full marketing plan as soon as it is available. Festival Organizer will provide Sponsor with one (1) pair of tickets to each of the Festival's large-scale events (as defined in paragraph F below) to be used as so-called "give-aways" by Sponsor on its social media platforms. C. The Festival Organizer will provide Sponsor with four (4) Juicy Tidbits e-newsletter stories to promote City of Miami Beach events of Sponsor's choosing. Schedule and timing to be mutually agreed upon. Circulation of newsletter: 500,000. D. The Festival Organizer will provide Sponsor with four (4) social media posts (for the avoidance of doubt, the publication of the same post on multiple social media platforms shall count as one (1) post) to promote City of Miami Beach events of Sponsor's choosing. Schedule and timing to be mutually agreed upon. E. Sponsor will have the opportunity to place promotional material in the Festival's Official Hospitality Suite located in the Loews Miami Beach Hotel. The suite is open from Wednesday through Sunday of the Festival and is the headquarters for VIPs, chefs, and seminar presenters. Residents of the City of Miami Beach will have the opportunity to purchase select tickets to Festival events at a discounted rate in a one -week pre -sale period in advance of the official public on -sale date. i. The opportunity will consist of a 15% discount applied to the purchase of a maximum of two (2) tickets to a choice of one of the Festival's large-scale events (over 200 guests) taking place in Miami Beach. These events include but are not limited to: TBD Thursday Night Party, TBD Friday Night Party, TBD Saturday Night Party, TBD Closing Party, Saturday or Sunday Grand Tasting Village, Sunday Brunch at Loews Miami Beach, Wine Spectator's Best of the Best, or other large-scale events included within the Festival program. A list of the eligible Festival events will be provided to Sponsor each year. To obtain the discount, all tickets must be purchased with a billing address that includes a valid Miami Beach zip code — 33139, 33140 or 33141. ii. This discount cannot be combined with any other pre -sale promotions the Festival may be running during the pre -sale period. iii. Sponsor will promote this offer to its residents as being available for the one -week period prior to the official on -sale date in October/November each year. In order to take advantage of the promotion, eligible residents must call a designated box office phone number during business hours, Monday to Friday, for the duration of the promotion, and have a credit card with a billing zip code in Miami Beach. Online ordering is not available for this pre -sale promotion. iv. Residents of the City of Miami Beach are invited to purchase tickets at regular price, on an as -available basis, for any Festival event after the pre -sale period is over. V. Festival Organizer will inform Sponsor in a timely manner of any changes to Festival timelines that affect any of the above policies or timelines. DS Page 13 of 15 City of Miami Beach, Florida INITIALS: ��� Uocubign Envelope IU I3U1r5UL3-:3bb 44tf4-8192-A(iO3!)b4GD9t32 Food Network South Beach Wine & Food Festival presented by Capital One EXHIBIT A nffir,ial r1iiiria SOBEWFF SOUTH BEACH WINE & FOOD FESTIVAL PRESENTED BYIp OFFICIAL FESTIVAL GUIDE The Food Network South Beach Wine & Food Festival presented by Capital One returns to South Florida from Thursday, February 23, through Sunday, February 26, 2023, featuring world-renowned chefs, wine & spirits experts, celebrity guests, and culinary personalities. An audience of more than 60,000 Festival attendees will enjoy one -of -a -kind events and interactive culinary experiences. With over 90 events spanning four days, the Official Guide will serve as the go -to publication for more than 700,000 qualified readers. '.7NAL DISTRIBUTION iN' e;hc �Nnv I Iork Limrs N60mes Readers will engage with the Official Guide — which will have a 2.Sx pass -along rate — for all of their Festival needs. A digital edition of the Official Guide will also be distributed to over 410,000 Festival newsletter subscribers. Partners can enjoy special features with the digital edition, such as links to advertisers' websites (display ads. must include an active URL). 'S�bM a �n c�+anpa Page 14 of 15 City of Miami Beach. Florida I LN 0 _._, N,I-�,,� C'.hr _Wwrili 3imW BOOKS &BOOKS nDS INITIALS: vRs UocuSlgn Lnvelope IU: 13U1r5Ul3-38bC 4484-8192-AbUJbb4(;D982 Food Network South Beach Wine & Food Festival presented by Capital One RATES & SPECIFICATIONS ADVERTISING RATES Double page spread ............... _............................ ."............ $12,875 Double page spread (non -sponsor rate) ..... _.......... $17.250 FullPage ............_............ -... _...................... ....... _.......................... $71S0 Full Page (Non -Sponsor Rate) ._............... .......... $9,500 Inside back cover .............................................. _... ....... ......... _$7,725 Inside back cover (non -sponsor rate) .................... $10,250 Outside back cover ........................................... _................. $10,000 Outside back cover (non -sponsor rate) .......$13,500 'Sponsors rates only applicable to clients who are official sponsors of SOBEWFF1. Barter and/or trade rates are not applicable to the guide. Any deviation from stated rates are subject to approval COLOR DISPLAY SPECS Full Page (Trim): 7" x 9" Full Page (Bleed): 7.25" x 9.25" Live Area: 6.5" x 8.5" Double Page Spread (Trim):14' x 9" Double Page Spread (Bleed): 14.25" x 9.25" Live Area: 13.20" x 8.20" CLOSING DATES Deadline for Space Reservation: November 18, 2022 Deadline for Ad Materials: November 30, 2022 ADYERIlSINCt INQUIRIES E kristiksguaredMgmall.com T 305-9924941 ADVERTISING SUBMISSION Ads may be submitted by e-mail. WeTransfer or Dropbox. E kristiksauared@gmail.com T 305.992-1941 Page 15 of 15 City of Miami Beach. Florida TICKET PURCHASER DEMOGRAPHICS & FESTIVAL STATISTICS In 2022, the Festival's 21st Anniversary included more than 90 ownts with over 60,000 attendees HH1 30% make $12SK+ Age 25% between 36-45 Male 44% Female S6% Representing 50 states and 16 countries 63% of ticket purchasers originated from South Florida's Miami -Dade, Broward, Palm Beach and Monroe counties Outside of Florida, ticket purchasers originated from New York, California, Texas, Georgia, New Jersey, Massachusetts, Pennsylvania, Virginia and Illinois The 2022 Festival website had more than 490,000 visits and over 4.28 million Impnsaions. Total Festival website page views 1,260,000+ kk AELMAM LAL REQ UI REM E MT5" 1. Ads can be sent in JPG or PSD format. although high -resolution PDF files are preferred. All files must be in high -resolution (300 dpl at 100% of your ad's desired print dimensions) and CMYK. If riles are not provided as CMYK we cannot guarantee an exact match of color on press. 2 A color proof must accompany the ad for all formats, otherwise Havas House does not accept liability for files that do not print to expectations- 3 Live material not intended to bleed must be kept at least 375" from all sides to allow for tnm 4. Special note on double -page spreadsPerfect alignment -- of type or design -- across the gutter of two facing pages is not guaranteed. Live material on facing pages should remain at least 25" from the gutter We cannot guarantee color if high -quality color proofs are not prov,ded These Include Kodak Approvals (preferred), Epson, Imahon Commercial Matchprint or sim-lar anak>g proofs with a color control bar Please note that all proofs must be made according to SWOP dards. Proofs that do not meet these crltena cannot be used for r matching nDS INITIALS. 1/�S Jocubign Envelope IU./3U1F5Ut3-38bC;-44b4-8192-A(jO35Ei4C D982 RESOLUTION NO: 2023-32464 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING A 5-YEAR EXTENSION OF THE SPONSORSHIP AGREEMENT WITH SOUTH BEACH WINE & FOOD FESTIVAL (FESTIVAL) FOR THE USE OF LUMMUS PARK AND OTHER AREAS FOR THE ANNUAL FESTIVAL, ASSOCIATED FEE WAIVERS AND COMMUNITY BENEFIT. WHEREAS, the Annual Food Network South Beach Wine & Food Festival (the "Festival") is a national, star-studded, four -day destination event showcasing the talents of the world's most renowned wine and spirits producers, chefs and culinary personalities, and takes place in the City of Miami Beach in late February; and WHEREAS, this event has a 21-year history with the City of Miami Beach; and WHEREAS, to maintain the high level of sponsorships and partnerships as it has enjoyed in previous years, the Festival has expressed the need for an ongoing commitment with the City; and WHEREAS, SOBEWFF has a long history of partnering with the City to provide public benefit, resident access and sponsor recognition, in exchange for the waiver of special event permitting fees; and WHEREAS, the most recent five-year extension is set to expire on May 1, 2023; and WHEREAS, SOBEWFF has become one of the largest and most well-known festivals of its kind, attracting visitors worldwide and highlighting the City of Miami Beach as a world -class culinary destination; and WHEREAS, the proceeds of SOBEWFF directly benefit the Florida International University (FIU) Chaplin School of Hospitality and Tourism-, and WHEREAS, over the last 21 years, SOBEWFF has grown to attract more than 8,000 residents and visitors to the event daily, producing increased hotel room night generation each year; and WHEREAS, the events that take place in the City of Miami Beach bring in more than 50,000 guests to the City over the course of the entire Festival-, and WHEREAS, in 2018, SOBEWFF had a total economic impact in greater Miami -Dade County of more than $20.5 million in direct expenditures and $13.7 million in indirect expenditures, creating a total economic impact of more than $34.2 million; and WHEREAS, the 2023 SOBEWFF events will include: Goya Foods Grand Tasting Village featuring Grand Tasting Tents and Culinary Demonstrations Wine Spectator Trade Testing presented by Souther Glazer's Wine & Spirits of Florida Diners, Drive -Ins and Dives LIVE Jocubign Envelope lU 13UlFbUB-: 8bU-44b4-8192-AbO3t) i4CD981 • Burger Bash presented by Schweid & Sons • Fontainebleau Miami Beach presents Wine Spectator's Beach of the Best • Tacos & Tequila • Bacardi Carnival; and WHEREAS, SOBEWFF has requested that the City grant a five (5) year extension (the "Extension Agreement") to enable SOBEWFF to continue its annual activation from 2024-2028; and WHEREAS, the terms of the Extension Agreement would be consistent with previous agreements and include the following principal terms: City benefit: • Recognition as a Platinum sponsor and general festival recognition with tiered level logo on welcome banners at the Grand Tasting Village • Each City Commissioner will receive two (2) tickets to a designated event on Miami Beach • Press credentials for City of Miami Beach Marketing and Communications Team, including social media, photography and videography • Print and media recognition in the Official Guide to the South Beach Wine & Food Festival; City logo on thank you advertisement running the weekend of SOBEWFF; recognition in select print promotional materials distributed locally, nationally and internationally; and an opportunity to produce press releases promoting participation • Electronic recognition on SOBEWFF website, mobile app, online auction website, e-newsletter, and web banner • Gifting opportunity include inclusion in Trade Day and Grand Tasting gift bags • Co -marketing opportunities to promote important City initiatives • Four (4) Juicy Tidbits e-newsletter stories to promote the City • Four (4) Facebook or Twitter posts to promote City events Event producer benefit: Waiver of special event application fees, permit fees, vehicle beach access pass fees, square footage fees, Lummus Park user fees, Police -Department off -duty administrative fees, Fire Department off -duty administrative fees, temporary occupant content permit fees (if necessary), signage permit fees, banner permit fees, mini billboard permit fees, and the beach concession fees A five (5) year commitment to activate SOBEWFF in the current Miami Beach locations including the Main Site (Lummus Park beachfront between 10th and 13th Streets), the North Venue (at beachfront between Lincoln Road and 17th Street), Espanola Way, and various hotel venues Miami Beach Resident benefit: SOBEWFF is offering Miami Beach residents discounted advance (two weeks pre - sale period) ticket sales opportunities, consisting of a 15% discount applied to the purchase of a up to two (2) tickets of one SOBEWFF large-scale event (over 200 guests) taking place in Miami Beach; and 2 Jocutiign Envelope ID 13DlF5UU-38b ;-44t34-8192-A603t)64(;DY82 WHEREAS, if the Extension Agreement is approved, SOBEWFF will receive in -kind benefits in the amount of approximately $150,000.00 in waived fees (estimates based on 2022 waived fees), with a cap on waived fees equal to $150,000.00 escalated beginning in January 2025 by the lower of CPI or five percent (5%) each year, as follows: • Special Event application and permit fees - $2,132 • Vehicle beach access pass fees - $6,200 • Square Footage fees - $65,597 • Lummus Park user fees - $25,642 • Police Department off -duty administrative fees - $26,514 • Light pole banner permit fees - $7,500 • Signage permits - TBD, estimated at $2,483 • Mini billboard fees - $200 • Beach concession fees - $18,732 • Miami Beach Bandshell Rental fees - $5,000; and WHEREAS, the Festival is also requesting reimbursement for expenditures on fire, police and EMT services in the amount of $175,000 (to be escalated by the lower of CPI or five percent (5%) each year commencing January 2025); and WHEREAS, if approved, the sponsorship would be formalized through a five (5) year agreement with a term commencing May 1, 2024 and expiring May 1, 2028, subject to termination for cause by the City; and WHEREAS, in the 2022 City of Miami Beach Resident Survey, 66% of respondents felt that major events such as food and wine festivals contribute to the quality of life in Miami Beach NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Commission hereby approve a 5-year extension of the sponsorship agreement with South Beach Wine & Food Festival (Festival) for the use of Lummus Park and other areas, as well as the associated fee waivers and community benefit, and further, authorize the Administration to finalize the sponsorship agreement with terms consistent with those reflected herein, and further authorize the City Manager to execute the sponsorship agreement, subject to form approval by the City Attorney. PASSED and ADOPTED this day of F 6ru4,. �/ 2023. ATTE : -4 FEB n 8 M3 Rafael E. Granado, City Clerk 3 Dan Gelber, Mayor k s,IZI '0 APPROVED AS TO IN(ORP OWED, FORM & LANGUAGE .. �, & FOR EXECUTION y „y �Cb__ rar City Attorney Date UocuSign Envelope ID 13U1F5Uti-38b 44b4-8192-A603bEi4C;UY82 Resolutions - C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: February 1, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING A RENEWAL AGREEMENT WITH SOUTH BEACH WINE & FOOD FESTIVAL FOR THE USE OF LUMMUS PARK, ASSOCIATED FEE WAIVERS AND COMMUNITY BENEFIT. RECOMMENDATION The Administration recommends the approval of the renewal of an ongoing agreement with South Beach Wine & Food Festival (SOBEWFF) for an additional five years. BACKGROUND/HISTORY The Annual Food Network South Beach Wine & Food Festival is a national, star- studded, four -day destination event showcasing the talents of the world's most renowned wine and spirits producers, chefs and culinary personalities, and takes place in the City of Miami Beach in late February. This event has a 21-year history with the City of Miami Beach, in order to maintain the high level of sponsorships and partnerships as previous years, the Festival has expressed the need to demonstrate a long-term commitment with the City. ANALYSIS SOBEWFF has a long history of partnering with the City to provide public benefit, resident access and sponsor recognition, which have been included in previous agreement with the Festival whereby the City has waived special event permitting fees. The most recent five-year is set to expire on May 1, 2021 SOBEWFF has become one of the largest and most well-known festivals of its kind, attracting visitors worldwide, highlighting the City of Miami Beach as a world -class Uocubign Envelope IU:t3U1r5UI3-:38bG-44b4-8192-AbUJbb4CU982 culinary destination. The proceeds of SOBEWFF directly benefit the Florida International University (FIU) Chaplin School of Hospitality and Tourism. Over the last 21 years, SOBEWFF has grown to attract more than 8,000 residents and visitors to the event daily, producing increased hotel room night generation each year. The events that take place in the City of Miami Beach bring in more that 50,000 guests to the City over the entire Festival. In 2018, SOBEWFF has a total economic impact in greater Miami -Dade County of more than $20.5 million in direct expenditures. Additionally, over $13.7 million in indirect expenditures were also generated - creating a total economic impact of more than $34.2 million. The 2023 SOBEWFF events will include: • Goya Foods Grand Tasting Village featuring Grand Tasting Tents and Culinary Demonstrations • Wine Spectator Trade Testing presented by Southern Glazer's Wine & Spirits of Florida • Diners, Drive -Ins and Dives LIVE • Burger Bash presented by Schweid & Sons • Fontainebleau Miami Beach presents Wine Spectator's Beach of the Best • Tacos & Tequila • Bacardi Carnival SOBEWFF is requesting the City renew the current five (5) year agreement with SOBEWFF to continue their annual activation from 2024-2028. This renewed agreement would be consistent with previous agreements and include the waiver of special event fees. The City agrees to the following, but not limited to, terms: • City benefit: 1. Recognition as a Platinum sponsor and general festival recognition with tiered level logo on welcome banners at the Grand Tasting Village; 2. Each City Commissioner will receive two (2) tickets to a designated event on Miami Beach; 3. Press credentials for City of Miami Beach Marketing and Communications Team, including social media, photography and videography; 4. Print and media recognition in the Official Guide to the South Beach Wine & Food Festival; City logo on thank you advertisement running the weekend of SOBEWFF; recognition in select print promotional materials distributed locally, nationally and internationally; and an opportunity to produce press releases promoting participation; Uocubign tnvelope tU: 13U1f5Ub-Mb 44 34-81Y2-A(iO3bb4(:U982 5. Electronic recognition on SOBEWFF website, mobile app, online auction website, e-newsletter, and web banner; 6. Gifting opportunity include inclusion in Trade Day and Grand Tasting gift bags; 7. Co -marketing opportunities to promote important City initiatives. 8. Four (4) Juicy Tidbits e-newsletter stories to promote the City; 9. Four (4) Facebook or Twitter posts to promote City events. Event producer benefit: 1. Waiver of special event application fees, permit fees, vehicle beach access pass fees, square footage fees, Lummus Park user fees, Police Department off -duty administrative fees, Fire Department off -duty administrative fees, temporary occupant content permit fees (if necessary), signage permit fees, banner permit fees, mini billboard permit fees, and the beach concession fees; 2. A five (5) year commitment to activate SOBEWFF in the current Miami Beach locations including the Main Site (Lummus Park beachfront between 10 and 13 Streets), the North Venue (at beachfront between Lincoln Road & 17 Street), Espanola Way, and various hotel venues. Miami Beach Public benefit: 1. SOBEWFF is offering Miami Beach residents discounted advance (two weeks pre -sale period) ticket sales opportunities, the opportunitywill consist of a 15% discount applied to the purchase of a maximum of two (2) tickets of a choice of one SOBEWFF large-scale event (over 200 guests) taking place in Miami Beach. If approved, the sponsorship would be formalized through a five (5) year sponsorship agreement with a term from 2024 to 2028, subject to termination for cause by the City. SUPPORTING SURVEY DATA In the 2022 Resident Survey, 66% of respondents felt that major events such as food and wine festivals contribute to the quality of life in Miami Beach. FINANCIAL INFORMATION SOBEWFF will receive approximately $150,000.00 in waived fees (based on 2022 waived fees), with a cap on waived fees equal to $150,000.00 escalated beginning in January 2025 by the lower of CPI or five percent (5%) each year: • Special Event application and permit fees - $2,132 Vehicle beach access pass fees - $6,200 Uocubign Envelope IU 13U1F5Ut3-38b 44b4-8192-AbU3b64GU982 • Square Footage fees - $65,597 • Lummus Park user fees - $25,642 • Police Department off -duty administrative fees - $26,514 • Light pole banner permit fees - $7,500 • Signage permits - TBD, estimated at $2,483 • Mini billboard fees - $200 • Beach concession fees - $18,732 • Miami Beach Bandshell Rental fees - $5,000 The Festival is also requesting reimbursement for expenditures on fire, police and EMT services in the amount of $175,000 to be escalated by the lower of CPI or five percent (5%) each year commencing January 2025. CONCLUSION The Administration recommends the approval of the renewal of an ongoing agreement with South Beach Wine & Food Festival (SOBEWFF) for an additional five years. Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Does this item utilize G.O. Bond Funds? No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Tourism and Culture TOURISM AND CULTURE DEPARTMENT DATE: 05/16/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff It FROM: Lissette Garcia Arro ante, 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- South Beach Wine and Food Festival ❑ Film Permit: Return to: ❑ Lissette A. x26597 ❑ Francys Vallecillo 26326 ® Jazmine Pena 27577 Date Needed: 05/22/2023 Uocubign Lnvelope ID i3Ult-bDB-3bbC 4484-8192-AtiO3t)64C D982 MIAMIBEACH N/A South Beach Wine & Food Festival - Sponsorship Agreement Florida International University Board of Trustees Tourism and Culture Department 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 Event Sponsorship Agreement At the February 1, 2023 Commission Meeting, the Mayor and Commission adopted Resolution 2023-32464 approving a 5-year extension of the sponsorship agreement between the City and South Beach Wine & Food Festival for the use of Lummus Park and other areas, as well as the associated fee waivers and community benefit, and further, authorize the Administration to finalize the sponsorship agreement with terms consistent with those reflected, and further authorize the City Manager to execute the sponsorship agreement, subject to form approval by the City Attorney. The agreement provides a yearly reimbursement of fire, police, and EMT services in the amount up to $175,000 (to be escalated by the lower of CPI or 5% each year commencing January 2025) subject to budget appropriation. Yes x I No State Federal Other: M 1 $175,000 160-4300-000349-00-406-555-00-00-00- Yes x No 2 $175,000 + CPI or 5% 160-4300-000349-00-406-555-00-00-00- Yes x No 3 $175,000 + CPI or 5% 160-4300-000349-00-406-555-00-00-00- Yes x No 4 $175,000 + CPI or 5% 160-4300-000349-00-406-555-00-00-00- Yes x No 5 $175,000 + CPI or 5% 160-4300-000349-00-406-555-00-00-00- Yes x 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. ity Commission Approved: I x I Yes No Resolution No.: CC Agenda Item No.: I CC Meeting Date: 2023-32464 C7 N February 1, 2023 If no, explain why CC approval is not required: egal Form Approved: x I Yes No If no, explain below why form approval is not necessary: Procurement: ocu3gned by: 7D1 Grants: Budget: t�L1 025fD23.1 o cu ipned by: :�W�'T 1�fft6a1� �fFnology: Risk Management: r��AYL A, _,_, (JUVA0023 I 7FIe1AW4: Human Resources: Other: EDT ADS r' T- � j ' r- 5/8/2023