Sponsorship Agreement between CMB & Jared Firestone �ieso ' 20_1 - D320y
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MI AM' BEACH
CITY OF MIAMI BEACH •
FISCAL YEAR 2024
SPONSORSHIP AGREEMENT
SPONSORSHIP: 2024-CMB-SPO-001
This SPONSORSHIP AGREEMENT (hereinafter the "Agreement") is made and entered into this
19th day of August , 20 24 by and between the City of Miami Beach, Florida
(hereinafter the "City"), and Jared Firestone, a Miami Beach Resident and Elite Skeleton Racer to
support his participation in World Cup Races and his journey towards representing Israel at the 2026
Olympic games(hereinafter the "beneficiary"). This Agreement is effective July 1, 2024, the "Effective
Date."
ARTICLE I/SPONSORSHIP DESCRIPTION
BENEFICIARY NAME: Jared Firestone
ADDRESS: 1100 11th St#406 Miami Beach, FL 33139
CITY, STATE,ZIP: fared(a�bobsleighskeletonisrael.com
PHONE, E-MAIL: (305) 772 6863
SPONSORSHIP AMOUNT: $10,000.00
PROJECT DESCRIPTION: See Exhibit 1 hereto
SPONSORSHIP TERM:- Funds will be disbursed upon the approval of this
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
By: ,
Rafael E. Granado, City Clerk Eric Carpenter, ity Manager
AUG 2 b 202422„-_ ` 18 cy''-,
Date i.INCORP ORAIEDO
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FOR BENEFICIARY: Jared Firestone
ID No.F623-421-90-110-0
ATTEST:
I/11ore ,1trr,�s
By:
Authorized Signature
Morey Marcus Jared Firestone
Print Name and Title Print Name and Title
8/19/24
Date
APPROVED AS TO
FORM&LANGUAGE
At FOR UTION
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City Attorney DaT Date
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ARTICLE II/GENERAL CONDITIONS
1. PARTIES: The parties to.this Agreement are the Beneficiary listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Sponsorship to the City Manager or the City Manager's authorized
designee(the"Contract Administrator").
2. PROJECT DESCRIPTION:The Beneficiary may only use the Sponsorship for the purposes that
are specifically described in the Project Description, attached hereto as Exhibit 1 (the "Project"). Any
modification to Exhibit 1 ("Project Description"), shall not be effective unless approved by a written
amendment to this Agreement signed by the City and Beneficiary. Beneficiary agrees that all funding
provided by the City pursuant to this Agreement will be used exclusively for goods or services to be
provided within the City of Miami Beach.
3. SPONSORSHIP PROJECT BUDGET: Subject to the availability of City funds, the maximum
amount payable to Beneficiary shall not exceed the Sponsorship Amount as set forth in Article I of this
Agreement. Beneficiary agrees that should available City funding be reduced, the amount sponsored
under this Agreement will be reduced at the sole option of the City of Miami Beach. Any request by
Beneficiary to modify the Project Budget shall be made in writing, using City approved forms, detailing
and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project
Budget shall exceed the Sponsorship Amount set forth in Article I of this Agreement.
4. SPONSORSHIP RESTRICTIONS: Sponsorship funds awarded pursuant to this Agreement
may not be used for the following expenditures: remuneration of City employees for services rendered
as part of a project funded by this Sponsorship; debt reduction; social and/or fundraising events; cash
prizes; lobbying or propaganda materials; charitable contributions; or events not open to the public.
5. NO GUARANTEE OF FUNDING: The Beneficiary acknowledges that the receipt of this
Sponsorship does not imply a commitment on behalf of the City to continue or provide funding beyond
the terms specified in this Agreement.
6. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Sponsorship must take
place during the City's fiscal year for which the Sponsorship is approved (October 1 —September 30).
Beneficiary costs or earnings claimed under this Agreement may not also be claimed under
any other Agreement from the City of Miami Beach or from any other entity.Any claim for double
payment by Beneficiary shall be a material breach of this Agreement.
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7. 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 Beneficiary, 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 Beneficiary, the Beneficiary 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
Beneficiary , its officers, agents and employees, lobbyists, City staff and elected officials to ensure
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 Beneficiary'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.
E. The Beneficiary 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:
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i. If this contract is completely or partially terminated, the Beneficiary shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
ii. The Beneficiary 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.
F. The provisions in this section shall apply to the Beneficiary, its officers, agents, employees,
subcontractors and suppliers. The Beneficiary shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Beneficiary in connection with the performance
of this contract.
G. 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 Beneficiary or third parties.
8. PUBLICITY AND CREDITS:The Beneficiary must include the City logo and the following credit
line in all publications related to this Sponsorship: "This Project is funded in whole or in part by a
Sponsorship from the City of Miami Beach." Beneficiary's failure to comply with this paragraph may
preclude future Sponsorship funding from the City, in the same manner as if Beneficiary defaulted under
this Agreement.
9. LIABILITY AND INDEMNIFICATION: Beneficiary shall indemnify, defend and hold harmless
the City and its officers, employees, agents, and contractors, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without
limitation, attorneys'fees and costs of defense,for personal,economic, or bodily injury,wrongful death,
or loss of or damage to property, which the City or its officers, employees, agents and contractors may
incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising
out of, relating to, or resulting from the performance of this Agreement by the Beneficiary or its officers,
employees, agents, servants, partners, principals or contractors. Beneficiary shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind
or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all
costs,judgments, and attorneys'fees which may issue thereon. Beneficiary 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, defend and hold harmless the City or its officers,
employees, agents, and contractors as herein provided.
If the Beneficiary is a government entity, this indemnification shall only be to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute, whereby the
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Beneficiary entity shall not 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 the government entity arising out of the
same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of
the Beneficiary entity.
10.ASSIGNMENT: The Beneficiary shall not be permitted to assign this Sponsorship, and any
purported assignment will be void, and shall be treated as an event of default pursuant to this
Agreement.
11. COMPLIANCE WITH LAWS: The Beneficiary agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's
Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by
reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
12. DEFAULT/TERMINATION PROVISIONS: In the event the Beneficiary shall fail to comply with
any of the provisions of this Agreement,the City Manager or the City Manager's designee may terminate
this Agreement and withhold or cancel all or any unpaid installments of the Sponsorship upon giving
five (5) calendar days written notice to the Beneficiary, and the City shall have no further obligation to
the Beneficiary under this Agreement. Further, in the event of termination, the Beneficiary shall be
required to immediately repay to the City all portions of the Sponsorship which have been received by
the Beneficiary, as of the date that the written demand is received.
Any uncommitted Sponsorship funds which remain in the possession or under the control of the
Beneficiary as of the date of the Expenditure Deadline specified in this Agreement must be returned to
the City within fifteen (15)days after the Expenditure Deadline. If such funds have been committed but
not expended, the Beneficiary must request in writing from the City Manager an extension of the
Expenditure Deadline which, if approved, shall be for a period not to exceed one (1)year.
Sponsorship funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the City Manager a certified check for the total amount due, payable to
the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law or in equity.
Notwithstanding the provisions of this Section, and without regard to whether City has exercised
the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to
discontinue funding of the Sponsorship if it is not satisfied with the progress of the Project or the content
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of any required written report. In the event of discontinuation of the Sponsorship or at the close of the
Project, any unexpended Sponsorship Funds shall be immediately returned to the City, except where
the City Manager has agreed in writing to alternative use of the unused/unexpended Sponsorship
Funds.
13. FLORIDA PUBLIC RECORDS LAW:
A. Beneficiary 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 the Beneficiary meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), the Beneficiary shall:
i. Keep and maintain public records required by the City to perform the service;
ii. 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;
iii. 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 the
Beneficiary does not transfer the records to the City;
iv. 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, the Beneficiary shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements. If the Beneficiary 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.
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D. REQUEST FOR RECORDS; NONCOMPLIANCE
i. 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 the.Beneficiary must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
ii. Beneficiary '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.
iii. A Beneficiary 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
i. If a civil action is filed against a Beneficiary to compel production of public records
relating to the City's contract for services, the court shall assess and award against the
Beneficiary the reasonable costs.of enforcement, including reasonable attorneys' fees,
if:
a. The court determines that the Beneficiary 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 the Beneficiary has not
complied with the request, to the City and to the Beneficiary.
ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public
records and to the Beneficiary at the Beneficiary's address listed on its contract with the
City or to the Beneficiary '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.
iii. A Beneficiary 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.
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F. IF THE BENEFICIARY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
BENEFICIARY '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 cAMIAMIBEACHFL.GOV
PHONE: 305-673-7411
14. E-VERIFY:
A. Beneficiary shall comply with Section 448.095, Florida Statutes,"Employment Eligibility"("E-
Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing
on January 1, 2021, Beneficiary shall register with and use the E-Verify system to verify the work
authorization status of all newly hired employees during the Term of the Agreement. Additionally,
Beneficiary shall expressly require that any approved sub-contractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor during
the contract Term. If Beneficiary enters into a contract with an approved subcontractor, the
subcontractor must provide the Beneficiary with an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. Beneficiary shall maintain a copy of
such affidavit for the duration of the subcontract or such other extended period as may be required
under this Agreement.
B. TERMINATION RIGHTS.
i. If the City has a good faith belief that Beneficiary has knowingly violated Section
448,09(1), Florida Statutes, the City shall terminate this Agreement with Beneficiary for
cause, and the City shall thereafter have or owe no further obligation or liability to
Beneficiary.
ii. If the City has a good faith belief that a subcontractor has knowingly violated the
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foregoing Subsection 20(A), but the Beneficiary otherwise complied with such
subsection, the City will promptly notify the Beneficiary and order the Beneficiary to
immediately terminate the agreement with the subcontractor. Beneficiary 's failure to
terminate a subcontractor shall be an event of default under this Agreement, entitling
City to terminate this Agreement for cause.
A contract terminated under the foregoing Subparagraphs(B)(i)or(B)(ii)is not in breach
of contract and may not be considered as such.
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iii. The City or Beneficiary or a subcontractor may file an action with the Circuit or County
Court to challenge a termination under the foregoing Subparagraphs(B)(i) or(B)(ii) no
later than 20 calendar days after the date on which the contract was terminated.
iv. If the City terminates the Agreement with Beneficiary under the foregoing Subparagraph
(B)(i), Beneficiary may not be awarded a public contract for at least 1 year after the date
of termination of this Agreement.
v. Beneficiary is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 20.
15. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests
for reimbursements to be submitted to Grants Management Department listed below:
Krystal M. Dobbins, Grants Management Division Director
KrystalDobbinsCa miamibeachfi.gov
Elizabeth Carrino, Grant Writer Researcher
ElizabethCarrino miamibeachfi.gov
ARTICLE III/MISCELLANEOUS PROVISIONS
16. PUBLIC PURPOSE: The Sponsorship awarded herein is the result of a finding by the City,
based on representatives, documents, materials and other information supplied by Beneficiary,that the
Beneficiary is performing a public purpose through the programs, projects, and/or services
recommended for support.As such, use of Sponsorship funds for any program component not meeting
this condition will be considered a breach of the terms of this Agreement and will allow the City to seek
remedies including, but not limited to,.those outlined in this Agreement.
17. NO DISCRIMINATION: The Beneficiary also accepts and agrees to comply with the
following Special Conditions:
A. Beneficiary hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964
(Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code,
beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex
and national origin.
B. The Beneficiary hereby agrees that it will comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment (including independent contractors), housing and public
accommodations, public services and in connection with its membership or policies on account of actual
or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation,
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marital and familial status, age, disability, ancestry, height; weight, hair texture and/or hairstyle,
domestic partner status, labor organization membership,familial situation, or political affiliation.
C. The City endorses, and Beneficiary shall comply with, 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 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.
18. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and remedial, without
regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, SPONSORSHIPOR
AND BENEFICIARY 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.
19. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either parry's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
20.CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for
convenience of reference only and should not be deemed or construed as in any way limiting or
extending the language or provisions to which such captions may refer.
21.CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special
conditions and exhibits, represents the whole and total agreement of the parties. No representations,
except those contained within this Agreement and its attachments, are to be considered in construing
its terms. No modifications or amendments may be made to this Agreement unless made in writing
signed by both parties. The City Manager, on behalf of the City, shall be authorized to execute
amendments to this Agreement; however, any changes to the Sponsorship. Amount shall require
approval by the Mayor and City Commission.
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EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
Jared Firestone is a distinguished athlete specializing in skeleton racing, with a strong connection to
Miami Beach as a one of our Residents. As he competes in various World Cup events and works
towards qualifying for the 2026 Olympic Games, he seeks financial support to cover training, travel, and
competition expenses.
PROGRAM DESCRIPTION
This sponsorship aims to support Mr. Firestone's participation in World Cup races and his goal of
representing Israel at the 2026 Olympic Games.
EXHIBIT 2
PROJECT BUDGET
Budget Line Item Description Project Budget
• To assist with costs related to participating in
Jared Firestone- World Cup races. $10,000
Sponsorship • To support his training and preparation
efforts for representing Israel at the 2026
Olympic Games.
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