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2024 Lincoln Road Business Improvement District Sponorship AgreementDocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E 2024 LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT SPONSORSHIP AGREEMENT " NOV n 8 2023 THIS AGREEMENT is made and entered into this _lday of , 2023, (the "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 Lincoln Road Business Improvement District, Inc., a Florida not -for -profit corporation, whose address is 1620 Drexel Ave, Suite 100, Miami Beach, FL, 33139 ("Event Organizer") (altogether, the "Agreement°). WITNESSETH: WHEREAS, the City desires to sponsor additional programming and activation on Lincoln Road as more particularly described in Exhibit 'A,' incorporated herein by reference and attached hereto, that will take place in the form of a holiday event and rotating public art displays from mid -November 2023 through April 2024 on Lincoln Road (the "Event Site"), as depicted in Exhibit "A-1," incorporated herein by reference and attached hereto; and WHEREAS, Event Organizer shall produce, promote, and host the Event at the Event Site; and WHEREAS, on September 27, 2023, the Mayor and City Commission adopted Resolution No. 2023-32785, adopting the City's FY 2024 operating budget that included $38,000 to provide funding support of the 2023 holiday event and temporary public art exhibition, requiring the Event Organizer to include a' final report depicting audience attendance and demographics for this Event, and to secure a 1:1 match for future funding requests; and NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, the City and Event Organizer agree as follows. 1. Recitals. The above recitals are true and correct and are incorporated by reference herein. 2. Term, The Term of this Agreement will commence on the Effective Date set forth above, shall include the Event Date, and shall expire following Event Organizer's completion of all its obligations hereunder. 3. Event. The term "Event" as used herein shall include the event designated above and as set forth in Exhibit "A". Event Organizer shall be solely responsible for producing and promoting all aspects of the Event, including securing private sponsors and vendors to parOcipate In the Event, The parties hereby agree that at all times the holiday event shall include the language and be promoted under the title of the "partnership with City of Miami Beach OnStage! Program." Event Organizer is responsible for the conduct and operation of the Event and will provide the appropriate staff and officials to conduct the Event in a safe manner. The City is under no obligation to fund subsequent events for Event Organizer. DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E 4. Event Organizer shall not have access to the Event Site outside of the City approved event hours depicted in the Special Event Permit including load -in and loud -out hours. 5. Event Organizer Shall load -in and load -out according to the details outlined in permit SPE 0923-1474. 6. Event Organizer has agreed that the Event Site shall be open to the public free of charge. 7. 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 the City shall have no such responsibility, obligation or liability. The 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, 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 the City. 8. Subject to Event Organizer's compliance with Its obligations under this Agreement, the City is responsible for the following: Subject to approval of an annual appropriation of funds at the City Commission's sole discretion, the City shall provide Event Organizer with sponsorship funding for the purposes specified herein, in the amount of Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) (the "Sponsorship"), shall be paid on a reimbursable basis upon receipt and approval by the City of required supporting documentation (i.e. invoices, cancelled checks, photographs) evidencing that Event Organizer has incurred expenses in an aggregate amount of at least Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) following the conclusion of the Event, and Event Organizer's submission, and the City's acceptance, of the Final Report (Subsection 10). Special event application fees and security deposit shall not be eligible for payment from the Sponsorship funds. 9. 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 funds to produce the Event in a safe and respectful manner, in accordance with all applicable laws. 10. Final Report. The Event Organizer must provide, within 30 days of the completion of the Event, a Final Report, detailing audience attendance and demographics of the Event, including supporting documentation for the expenditures related to producing the Event (collectively, the "Final Report"). The City Manager's designee may also request additional supporting information related to the Event. 11. Sponsorship Recognition and Promotional Materials. a. The City shall receive sponsorship recognition on all media or promotional platforms related to the Event, at the same sponsorship level as other sponsors 2 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E I 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. b. 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. c. 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. 12, Sponsorship benefits.,, In consideration of the 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 'A" to this Agreement, if any. 13, Event Organizer is responsible for the following:, a. 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. b.. Event Organizer shall retain any and all rights to the Event, including any rights associated with Event -related apparel and/or product sales. c. Event Organizer shall keep the City apprised, on a monthly basis, of its progress with respect to the activation of the Event. The City, at its sole discretion, may monitor and conduct an evaluation of Event Organizer's implementation of the Event. Event Organizer agrees to cooperate with the City to promptly address any deficiencies or concerns the City may have In connection with the Event. d. Event Organizer hereby grants the City a non-exclusive license and right to use the title of the Event or any footage of the Event, in connection with any City produced publication, including the City produced magazine or any City media outlets, such as MBTV. This section shall survive the termination or expiration of this Agreement. e. Event Organizer shall secure from the City a Special Event Permit in connection with the production of the Event at the Event Site. 14. Insurance. Event Organizer shall purchase and obtain all required Event Insurance policiesfor the following coverages: a. General Liability coverage In the amount of at least $1,000,000.00 per occurrence; b. $1,000,000.00 Products/Completed Operations; c. $1,000,000.00 Personal and Advertising injury; at $1,000,000.00 per occurrence; 3 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E 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 required by the State of Florida, with the statutory limits 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 (a) -- (d) 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 provide a Certificate of insurance evidencing such coverage to theCity's Risk Manager no later than 10 days prior to the Event. 15. Com Ilance with Special Events Permit and ADDlicable Law. 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 ofOrdinances ("City Code"), and shall comply with the Special Events Permit and 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 anybusiness 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 giant 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 Or anizer of any covenant or other term or condition contained in any Other City Contracts after the passage of any applicable notice and cure provision set forth therein), shall, at the option of the City, be consideredan event of Default (as such term is defined more fully below), in which event the City shall be entitled (but in no event required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of an Event Organizer's breach or failure to comply with said obligations. 16. Indemnification. Event Organizer shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law orin 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 proceedingsof any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by Event Organizer or its officers, employees, agents, servants, partners, principals or contractors, or Event Organizer's use of the Event Site, Event Organizer shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits, or actions of any kind or 4 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E nature in the name of the City, where applicable, includingappellate 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. 17. Prohibitions Regarding_ Sale or Use of Expanded Polystyrene Food Service Articles, Single Use Plastic Beverage" Straws, And Single -Use Plastic Stirrers. a. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Event Organizer shall not sell, use,provide food in, or offer the use of expanded polystyrene food service articles (as definedin City Code Section 82-7) in City facilities or on City property, in connection with anyservices performed pursuant to this Agreement. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Event Organizer. b. Additionally, Event Organizer agrees and acknowledges that, pursuant to Section 82- 8 ofthe City Code, as may be amended from time to time, Event Organizer shall not sell, use,provide food in, or offer the use of single -use plastic beverage straws or single -use plastic stirrers (as defined In City Code Section 82-8) in City facilities or on City property, in connection with any services performed pursuant to this Agreement. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding theabove, the requirements of Section 82-8 shall not restrict Event Organizer from providinga beverage with, or offering the use of, a single -use plastic beverage straw or single -use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single -use plastic stirrer. c. As additional consideration for this Agreement, independent of the of the foregoing Sections 82-7, 82-8 and 46-92(c) of the City Code, as may be amended from time to time, Event Organizer agrees: 1. not to sell, use, provide food in, or offer the use of expanded polystyrene foodservice articles in the Facility. A violation of this section shall be deemed a defaultunder the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Event Organizer; and 2. not to sell, use, provide food in, or offer the use of single -use plastic beveragestraws or single -use plastic stirrers In the Facility. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, Event Organizer shall be permitted to 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. 18. Events of Default. Termination of Agreement and Remedies. a. The following shall constitute events of default: 1. Any material misrepresentation, written or oral, made by Event Organizer andlorits DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E representatives to City. 2. Failure by Event Organizer to timely perform and/or observe any of the terms and conditions of this Agreement. 3. 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 the City, operate as an automatic forfeiture of any rights or benefits conferred under this Agreement, and accordingly, the City reserves the right to revoke the Sponsorship, including requiring Event Organizer to repay to the City any Sponsorship funds already disbursed and/or discontinuing the funding provided for herein. c. In the event that Event Organizer is in default of any of its obligations under this Agreement, the City reserves the right to pursue all legal remedies available to it including, but not limited to, the right to terminate this Agreement, upon written notice to Event Organizer. In the event of any such termination, the City shall have no further obligation or liability toEvent Organizer. 19, Assignment. Event Organizer shall not assign its rights or obligations under this Agreement without the City's consent. Any purported assignment in violation of this section shall be void and shall constitute an event of default hereunder. 20, Audit and Inspections. Event Organizer shall keep accurate and complete books and recordsof all receipts and expenditures relating to this Agreement, in accordance with reasonable accounting standards, and shall retain such books and records for at least four (4) years aftercompletion 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, allthe financial records of the Event Organizer related to this Event. 21. Inspector General Audit Rights. a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City b. The Office of the Inspector General Is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Event Organizer', its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of 0 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. Upon ten (10) days written notice to the Event Organizer, the Event Organizer shall make all requested records and documents available to the Inspector General for inspection and copying, The inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Event Organizer, its officers, agents and employees, lobbyists, City staff and elected officials toensure compliance with the contract documents and to detect fraud and corruption. d. The Inspector General shall have the right to inspect and copy all documents and records in the Event Organizer's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. The Event Organizer shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: I. If this contract is completely or partially terminated, the Event Organizer shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and 11. The. Event Organizer shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. The provisions in this section shall apply to the Event Organizer, its officers, agents, employees, subcontractors, and suppliers. The Event Organizer shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Event Organizer In connection with the performance of this contract. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Event Organizer or third parties. 22. No Discrimination: Even Organizer also accepts and agrees to comply with the following Special Conditions: a. Event Organizer hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E b. Event Organizer hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, and as amended from time to time, prohibiting actual or perceived discrimination in employment, housing, public accommodations, or public services on the basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital status, financial status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. c. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified Individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. d. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 604 and prohibits discrimination on the basis of disability and requires that sponsorship recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 23. Florida Public Records Law: a. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical -form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if Event Organizer meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Event Organizer shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as. authorized by law, for the duration of the contract term and following completion of the Agreement if Event Organizer does not transfer the records to the City; 4. Upon completion of the Agreement, transfer, at no cost to the City, all public records In possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, Event Organizer shall destroy any duplicate public records that are exempt or confidential and exempt from public records M DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E disclosure requirements. If Event Organizer keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the Information technology systems of the City. Request For Records; Noncompliance. 1. A request to inspect or copy public records relating to the City's contract for services must be .made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and Event Organizer must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail Itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. 3. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. e. CIVIL ACTION. 1. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against Event Organizer the reasonable costs of enforcement, including reasonable attorneys' fees, If: a. The court determines that Event Organizer unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Event Organizer has not compiled with the request, to the City and to Event Organizer. 2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to Event Organizer at Event Organizer's address listed on its contract with the City or to Event Organizer's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 3. A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. f. IF EVENT ORGANIZER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EVENT ORGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO((D-MIAMIBEACHFL.GOV PHONE: 305.673.7411 24. This Agreement shall constitute the entire agreement between the parties, and no warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 25. This Agreement shall be governed as to performance and interpreted in accordance with thelaws of the State of Florida. Any claim or dispute arising out of the terms of this Agreement shall be brought in Miami -Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CITY AND EVENT ORGANIZER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Each party shall be responsible for their own attorney's fees and costs. 26. It is expressly understood and agreed that this Agreement is for the duration of this Event only, and that Event Organizer has no right or privilege other than that expressly provided herein. 27. 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 the City and Event Organizer. In no event shall Event Organizer represent to any third party that it isacting as an agent, representative or on behalf of the City for any purpose or in any mannerwhatsoever. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 10 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. ATTEST: CITY OF MIAMI BEACH, FLORIDA A — r By. Rafael E. G� nado Vn�Hudak City Clerk anager NUV 0 8 2023 Date FOR EVENT ORGANIZER: ATTEST: l il{it _ ' i • D if► u Print 10 I aro 123 Date 11CORPRORATE •.,, ",QNQ0L-N ROAD BUSINESS IMPROVEMENT Rct jt')J�TRICT INC. By 11 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J City Attorney � Date DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E Exhibit A Scope of Services HOLIDAY EVENT (Approximately $13,000 sponsorship) ® Santa Parade & Tree lighting event on Friday, November 24, 2023. • City Holiday Celebration event on Friday, December 1, 2023, to include a snow element, kid's activities, music and more. • Kids Holiday PJ party — Movie Screening: "How the Grinch Stole Christmas" on Lincoln Road date TBD in December, 2023. ROTATING PUBLIC ART ON LINCOLN ROAD (Approximately $25,000 sponsorship) o Temporary large art sculpture exhibit from mid -November 2023 through April 2024. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 12 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E Exhibit A-1 Site Plan Site plan details for the holiday activation and rotating art installations are details under SIRE 0923.1474. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK} 13 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E Exhibit B Disbursement Schedule Subject to approval of an annual appropriation of funds at the City Commission's sole discretion, the City shall provide Event Organizer with sponsorship funding for the purposes specified herein, in the amount of Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) to be paid corresponding to the applicable installments as outlined below. Payment #1: Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) shall be paid on a reimbursable basis upon receipt and approval by the City of required supporting documentation (i.e. invoices, cancelled checks, photographs) evidencing that Event Organizer has incurred expenses in an aggregate amount of at least Thirty -Eight Thousand Dollars and Zero Cents ($38,000,00) following the conclusion of the Event, and Event Organizer's submission, and the City's acceptance, of the Final Report (Subsection 10), Special event application fees and security deposit shall not be eligible for payment from the Sponsorship funds. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 14 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E CERTIFICATE OF COVERAGE ISSUED ON: 09/07/2023 COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: PK FLI 0134921 23-06 COVERAGE PERIOD: 10/01/2023 TO 10/01/2024 12:01 AM COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement. Mail to: Certificate Holder Designated Member The City of Miami Beach Lincoln Road Business Improvement District, Inc. 1700 Convention Center Drive 1620 Drexel Avenue, Suite 100 Miami Beach , Florida 33139 Miami Beach, FL 33139 LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE X Comprehensive General Liability, Bodily Injury, Property Damage WC AGREEMENT NUMBER: and Personal Injury: Limit $2,000,000 $0 Deductible Self Insured Workers' Compensation X Employee Benefits Liability Limit $2,000,000 $0 Deductible Employment Practices Liability Statutory Workers' Compensation Limit Deductible Public Officials Liability Employers Liability $ Each Accident Limit Deductible $ By Disease Law Enforcement Liability $ Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings & Personal Property Automobile Liability Limit: Per schedule on file with Trust Deductible Limit Deductible Note: See coverage agreement for wind, flood, and other deductibles. All Owned Rented, Borrowed and Leased Equipment Specifically Described Autos Limit: $ 0 TIV See Schedule for Deductible Hired Autos Total All other Inland Marine Non -Owned Autos Limit: $ 0 TIV See Schedule for Deductible Automobile Physical Damage CRIME COVERAGE Comprehensive See Schedule for Deductible Employee Dishonesty Collision See Schedule for Deductible Limit Deductible Hired Auto with limit of Forgery or Alteration Limit Deductible Garage Keepers Theft Disappearance & Destruction Liability Limit Limit Deductible Liability Deductible Computer Fraud Comprehensive Deductible Limit Deductible Collision Deductible NOTE:Additional Covered Party status is excluded for non -governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss. Description of Operations/ Locations/ Vehicles/Special items-(77ds section completed by member's agent, who bears complete responsibility and liabilityfor its accuracy): Certificate Holder is Additional Covered Party with respects to all Lincoln Road BID activities taking place from 10/1/2023 to 10/l/2024. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwriters® SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE P.O. Box 958455 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Lake Mary, FL 32795-8455 COVERAGE AGREEMENT PROVISIONS. Producer Public Risk Insurance Advisors 300 North Beach Street, Daytona Beach, FL 32114 AUTHORIZED REPRESENTATIVE PGIT-CERT (1/19) PRINT FORM 09/07/2023 Print Date: 9/7/2023 TOURISM AND CULTURE DEPARTMENT DATE: 11 /08/2023 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff 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: 2024 Lincoln Road Business Improvement District - Sponsorship Agreement ❑ Film Permit: Return to: ❑ Lissette A. Garcia Ext. 26597 ❑ Francys Vallecillo Ext. 26326 ® Jazmine Pena Ext. 27577 DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E MIAMIBEACH } 2024 Lincoln Road Business Improvement District Sponsorship Agreement Lincoln Road Business Improvement District Tourism and Culture Department —n—sl... d h- —nnmm—a hw a©'e artmentfUiF -- r a nature &Date :..'? ACM.Nam'e 1 1 OFIKINAIM." rllr i rlitll't'' iV 1 ® iSCII W^43�[o�e��`-1125£S7li-6-At 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: The City desires to sponsor additional programming and activation on Lincoln Road in the form of a holiday event and rotating public art displays from mid -November 2023 through April 2024 on Lincoln Road. On September 27, 2023; the Mayor and City Commission adopted Resolution No. 2023-32785, adopting the City's FY 2024 operating budget that included $38,000 to provide funding support of the 2023 holiday event and temporary public art exhibition. The City shall provide the Lincoln Road BID with sponsorship funding in the amount of Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) to be paid on a reimbursable basis upon receipt and approval by the City of required supporting documentation (i.e. invoices, cancelled checks, photographs) evidencing that the Lincoln Road BID has incurred expenses in an aggregate amount of at least Thirty -Eight Thousand Dollars and Zero Cents ($38,000.00) following the conclusion of the Event, and Event Organizer's submission, and the City's acceptance, of the Final Report. The funding source for this agreement is the Resort Tax Fund. Ori inalTerrn Renewal Periods ` "`? 'Tiotal.ferm Ori final +Renewals AM EDT OWN q.:'�pd `R...�v`a'.a Grant Funded: Yes I x I No State Federal Other: y}:.. 1 $38,000 160-0380-000349-25-406-548-00-00-00- Yes x No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual adopted operating budget. „1 .k, ia..-.,�Jtt+9*. City Commission Approved: x Yes No Resolution Na.: CC Agenda Item No.: CC Meeting Date: 2023-32785 R7 B September 28, 2023 If no, explain why CC approval is not required: Legal Form Approved: I I Yes I I No If no, explain below why form approval is not necessary: DS �p__ DocuSign Envelope ID: 4C08209E-FE13-4342-ADBD-24CC4647D79E #' r�.;i',Yse 'Q �L�'SkYi2aY,',.�"' {• � y� tt Procurement: oocusigned by: Grants: Budget: AA% OW 1,WUjW (j 83 Af(irgiaNn WThnology: Risk Management: G Cb,&W&023 I SIPMANcil : Human Resources: Other: