Loading...
2024 Lincoln Road Business Improvement District Sponsorship Agreement Zc 2 — 32z-s•� DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C FEB 1 2 2024 2024 LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this day of , 2024, (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 the series premier of Zorro to take place on January 18,2024 in Regal South Beach Movie theatre 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 December 13,2023,the Mayor and City Commission adopted Resolution No. 2023-32859, approving a one-time grant in the amount not to exceed $9,072.00 to the Lincoln Road Business Improvement District to help offset the theater costs and waive permitting fees and other costs associated with the event in the amount not to exceed $9,072.00; 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. 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 participate in the Event. 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. 3. 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. 1 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 4. Event Organizer Shall load-in and load-out according to the details outlined in permit SPE 0923-1474, 5. Event Organizer has agreed that the Event Site shall be open to the public free of charge. 6. Event Organizer shall be responsible for any and all compensation that may be due to any and all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors, and participants, and 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. 7. 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 Nine Thousand Seventy Two Dollars and Zero Cents ($9,072.00) (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 Nine Thousand Seventy Two Dollars and Zero Cents ($9,072.00). Special event application fees and security deposit shall not be eligible for payment from the Sponsorship funds. 8. 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. 9, Intentionally Omitted, 10. 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 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. 2 DocuSign Envelope ID.084AA039-5037-42E8-8AD8-FOFF64EF7E5C c. All promotional materials which include the City's name or Togo, 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. 11. 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. 12. 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. 13. 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; 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 3 DocuSign Envelope ID 084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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. Compliance with Special Events Permit and Applicable Law. Event Organizer shall obtain all applicable federal, state and local approvals, permits and licenses relating to the Event and any activities related thereto.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 grant agreement that Event Organizer may have separately entered into with the City, if any('Other City Contracts").Any failure by Event Organizer to comply with any provision of the City Code applicable to Event Organizer, or any breach or default by the Event Organizer of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure provision set forth therein),shall,at the option of the City,be 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 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 4 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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 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. 5 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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 ail 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 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. c. Upon ten(10)days written notice to the Event Organizer,the Event Organizer shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals, activities of the Event Organizer, its officers, agents and employees, lobbyists, City staff and elected officials toensure compliance with the contract documents and to detect fraud and corruption. 6 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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 shalt make available at its office at all reasonable times the records, materials,and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: I. If this contract is completely or partially terminated, the Event Organizer shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement; and II. The Event Organizer shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. e. 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. f. 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. 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 7 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C fr enjoying the same employment opportunities that are available to persons without disabilities. d. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that sponsorship recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 23. Florida Public Records Law: a. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701 of the Florida Statutes, if Event Organizer meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Event Organizer shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In Chapter 119, Florida Statutes or as otherwise provided by law; 3, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law,for the duration of the contract term and following completion of the Agreement if Event Organizer does not transfer the 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 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. d. Request For Records; Noncompliance. 1. A request to inspector 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 8 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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 complied with the request, to the City and to Event Organizer. 2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to Event Organizer at Event Organizer's 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: CITY OF MIAMI BEACH ATTENTION: RAFAEL E.GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@.MIAMIBEACHFL.GOV PHONE: 305-673-7411 24. 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. 9 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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:084AA039-5037-42E8-8AD8-FOFF64EF7E5C 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 By: Rafael E.G nado A'n . Hudak City Clerk Ci Manager FEB 1 2 2024 Date LINCOLN ROAD BUSINESS IMPROVEMENT FOR EVENT ORGANIZER: DISTRICT INC. ATTEST: B.Eq" INCOAP OUTED) �yl By: :. Print Name/Title Print Name/Title Date APPROVED AS TO FORM&LANGUAGE & FOR EXECUTION A;p` .1 oz/oi ity Attorney 'Z rk Date 11 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C Exhibit A Scope of Services Zorro Series Premier Event($9,072 reimbursable sponsorship) • Zorro is an upcoming Spanish action-adventure series produced by Secuoya Studio and starring Miguel Bernadeau, which will air on Amazon Prime Video in the first half of 2024 in Latin American, the U.S., Spain, Andorra, and Portugal. Run of Show Secuoya studios UNIVERSAL YVERSAL PRODUCTIONS Y UNIVERSAL MUSK GROUP ZORRO PREMIERE - THURSDAY IANUARY 18TH - RUN Of SHOW Z020 REGAL SOUTH BEACH ON UNCOLN ROAD Start Time I End Time Action Vendor Notes 7.00 AM 11:00 PM load in and load out for Red Carpet Activation and ACT Step and Repeat Wall,Red Carpet,Barricades,Stanchions. Lhre Concert Bac Sloe,and Generator 3:30 PM 4:00 PM Media Arrives ACT/Secuoya/Universal Media Coverage layout 5:30 PM 7:00 PM Red Carpet ACUvaUen ACT/Secuoya/Unlversal Stars on Site 6:00 PM 6:45 PM live Concert Universal Perlomance during red carpet and open to the public 6:45 PM Regal Doors Open ACT/Secuoya/Universal VIP guests enter Regal 7:00 PM 7 e5 PM VIP Reception Inside Regal Universal Drinks and Popcorn,Interviews,Photo Op 8:00 PM 8:30 PM Q&A inside Auditorium Universal 8:30 PM 9:30 PM Screening Time Universal 9:30 PM Premiere Ends in Regal universal 10:00 PM After Party TBD Community Benefit Miami Beach resident specific ticket giveaway to the Zorro premier screening • 13 pairs of tickets will be given away to Miami Beach residents on a first come-first serve basis. One pair of tickets per Miami Beach household. • 2 tickets per Miami Beach City Officials • Free public concert on Lincoln Road by"Baltazhar and his band" 12 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C Exhibit A-1 Site Plan The site plan for this event could be found under Special Event Permit SPE0923-1474. 13 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C • 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 up Nine Thousand Seventy Two and Zero Cents($9,072.00)to be paid corresponding to the applicable installments as outlined below. Payment#1: Nine Thousand Seventy Two and Zero Cents($9,072.00) 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 Nine Thousand Seventy Two Dollars and Zero Cents($9,072.00). Special event application fees and security deposit shall not be eligible for payment from the Sponsorship funds. 14 DocuSign Envelope ID 084AA039-5037-42E8-8AD8-FOFF64EF7E5C RESOLUTION NO. 2023-32859 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE AMOUNT OF $10,000 TO THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT FOR THE PREMIER OF ZORRO, AND AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING; AND FURTHER, WAIVING PERMITTING FEES AND COSTS ASSOCIATED WITH THE EVENT, IN THE AMOUNT NOT TO EXCEED $9,072. WHEREAS, Zorro is an upcoming Spanish action-adventure series produced by Secuoya Studio and starring Miguel Bernadeau, which will air on Amazon Prime Video in the first half of 2024 in Latin America, the U.S., Spain, Andorra and Portugal; and WHEREAS, the series premiere is scheduled to take place on January 18th, 2024, in Regal South Beach movie theater on Lincoln Road, in the City of Miami Beach; and WHEREAS, the series premiere taking place in the City will attract great publicity for the City, and will be a family friendly event; and WHEREAS, the Greater Miami Convection and Visitors Bureau (GMCVB) has agreed to contribute hotel rooms for the cast and crew, and the Lincoln Road Business Improvement District(Lincoln Road BID) has agreed to contribute financial support for the theater costs; and WHEREAS, the Mayor and City Commission wish to allocate a one-time grant in the total amount of $10,000 to the Lincoln Road BID, to help offset theater costs, and waive permitting fees and other costs associated with the event, attached to this Resolution, in the amount not to exceed $9,072. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a grant in the amount of $10,000 to the Lincoln Road Business Improvement District for the premier of Zorro, and authorize the City Clerk and City Manager to execute the City's standard grant agreement with respect to the foregoing; and further, waive permitting fees and costs associated with the event, in the amount not to exceed $9,072. PASSED and ADOPTED this 13 day of bec("4)(` -, 2023. ATTEST: DEC 1 9 2023 Steven Meiner, Mayor Rafael . Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION -17A- 211'747j cry Attorney oat) DocuSign Envelope ID'084AA039-5037-42E8-8AD8-FOFF64EF7E5C Resolutions-C7 Y MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A.Paz, City Attorney DATE: December 13,2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE AMOUNT OF $10,000 TO THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT FOR THE PREMIER OF ZORRO, AND AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING;AND FURTHER, WAIVING PERMITTING FEES AND COSTS ASSOCIATED WITH THE EVENT, IN THE AMOUNT NOT TO EXCEED $9,072. ANALYSIS The proposed Resolution was prepared at the request of the sponsor,Commissioner Alex Fernandez. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The fiscal impact of this item is a one-time grant in the total amount of$10,000 and waiver of permitting fees and costs not to exceed$9,072. Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Resolution DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C ACTPROD-01 LUKEG AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12l13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0252636 CONTACT NAME: United Agencies PHONE FAX 100 No.1st Street,Ste.301 lac,No,Ext): (818)295-2200 lac,No►:(818)295-2201 Burbank,CA 91502 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest National Insurance Company 10120 INSURED INSURER B: ACT Productions INSURER C: 407 Lincoln Road,Ste.#10-J INSURER D: Miami Beach,FL 33139 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSO WVD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X I OCCUR SI8ML02694-221 9/16/2023 9/16/2024 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEIQT LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) - ANY AUTO _ SI8ML02694-221 9/16/2023 9/16/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY AUTOSO BODILY INJURY(Per accident)_ $ X AUTOS ONLY X AUOTOS ONLDY (Para dent)AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAR CLAIMS-MADE SI8EX02150-221 9/16/2023 9/16/2024 AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER S18WC00980-221 9/16/2023 9/16/2024 1,000,000 ANY OQF�FICEOPRIETOR/PXCLUDE/EXECUTIVE Y N/A E.L.EACH ACCIDENT $ I(Mandatoryin NH)EXCLUDED? 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater SI8ML02694-221 9/16/2023 9/16/2024 Misc.Equipment 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Miami Beach is Additional Insured as respects to"Zorro Movie Premiere' on 1/18/24,if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Dr. Miami Beach,FL 33139 - AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TOURISM AND CULTURE DEPARTMENT DATE: 02/07/2024 TO: Alina Hudak, City Manager Marcia Monserrat, Chief of Staff FROM: Lissette Garcia Arrogante, Tourism and Culture Director SUBJECT: Sponsorship Agreement For: Information Only X Review & Approval X City Manager's Signature Other Comments: ❑ Fee Waiver Memo/Consecutive Day Clause Memo ❑ Street Closure: ❑ Special Event Permit(s): ® Other: Zorro Premier-Sponsorship Agreement • Film Permit: Return to: ❑ Lissette A. Garcia Ext. 26597 ❑ Francys Vallecillo Ext. 26326 ® Jazmine Pena Ext. 27577 DocuSign Envelope ID:084AA039-5037-42E8-8AD8-FOFF64EF7E5C MIAMI BEACH 1 Sponsorship Agreement-Zorro Premier Lincoln Road Business Improvement District Tourism and Culture Lissette Garcia Arrogante 2/5/2024 I 9: klh21a Walserrat 1v 'UA' M.aviS 14 I 9:51 AM EST '—ED5AC282A6E2410_. '`OF r sBSoLSo 7948D 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: They City desires to sponsor additional programming and activation on Lincoln Road in the form of the season premiere of the Zorro television series taking place on January 18,2024 in Regal South Beach movie theatre. On December 13,2023,the Mayor and City Commission adopted resolution 2023-32859 approving a one-time sponsorship in the amount not to exceed$9,072.00 to the Lincoln road Business Improvement District to help offset the theatre costs and waive permitting fees and other costs associated with the event. This one-time sponsorship is funded from the Resort Tax Fund Large Scale Events budget. One(1)Time N/A One(1)Time Grant Funded: Yes x No State Federal Other: '—Ds 1 $9,072.00 160-0380-000349-25-406-548-00-00-00- Yes x No 2 Yes No 1. For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32859 C7 Y 12/13/2023 If no,explain why CC approval is not required: Legal Form Approved: x Yes No If no,explain below why form approval is not necessary: Procurement: Grants: /—DocuSigned by: Budget: Nda j aJ,�71of�yITAMoiE�thnology: DocuSiggned byy: J 1 �—02 0 D^A610E E�1463... Risk Management: hot (i '°24 I Ttet48AMcigg9s: Human Resources: —BG'Eu6`yo`nuvue Other: