2025 Lincoln Road BID Sponsorship AgreementDocusign Envelope ID:BF 70851E-39C1-414D0-9989-0BFAA21F2A9F
2025 LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
SPONSORSHIP AGREEMENT
NOV 0 4 2024
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 officesat1700 Convention CenterDrive,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,Sulte 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 2024
through April 2025 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 25,2024,the Mayor and City Commission
adopted the City's FY 2024 operating budget that included $38,000 to provide
funding support for a 2024 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.
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.
Eygnt.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.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.
3.Event Organizer shall not have access to the Event Site outside of the City
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
approved event hours depicted in the Special Event Permit including load-in and
loud-out hours.
4.Event Organizer Shall load-in and load-out according to the details outlined In
permit SPE 0924-1822
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 Hable 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 Thirty-Eight Thousand Dollars and
Zero Cents ($38,000.00)(the "Sponsorship"),shall be pald 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.
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.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.
10.Sponsorship Requirements
The following is a list of publicity and credit requirements for events or programs
receiving financial or in-kind support from the City of Miami Beach:
a.Prominently display City of Miami Beach logo in all promotional marketing materials
related to the event/program including,but not limited to,advertisements,brochures,
2
Docusign Envelope ID:BF 70851E-39C1-414D0-9989-0BFAA21F2A9F
websites,e-mails,newsletters,banners,posters,event programs,and other print
and/or electronic publications in a manner where the City logo is displayed before
sponsors of lesser value,and placed in the most prominent position amongst
sponsors of the same level.
b.Include the following credit line in all print news and press releases and broadcast
media:"This event/program made possible with support from the City of Miami
Beach"and include a quote from the City of Miami Beach Mayor.
c.Website link to www.miamibeachfl.gov.
d.On-stage signage and logo placement in a prime location (if applicable).
e.Provide a booth/display area at all events (if applicable).
f.Operate within the requirements of all City of Miami Beach existing sponsorships
including the non-alcoholic pouring rights agreement with PepsiCo who is granted
exclusivity in ALL non-alcoholic beverage categories with the exception of hot tea,
dispensed hot coffee and hot cocoa,and Red Bull who is granted exclusivity in the
Energy Drink category.As well,all soda and water must be served in non-plastic
containers.
-g.All complimentary tickets provided by an event/event producer shall be
consistent with the City Commission established policy for the distribution of
tickets and the City's Administrative Guidelines for Distribution of any tickets and
must be sent directly to the City Manager's office,located at 1700 Convention
Center Drive -4 Floor.The City reserves the right to negotiate additional terms if
in-kind and financial support is in excess of twenty-five thousand dollars ($25,000).
11.Sponsorship benefits.In consideration of the Sponsorship funding described in thisAgreement,and the mutual promises made herein,Event Organizer shall provideSponsorshipbenefitstotheCitywhich,at a minimum,shall include the SponsorshipbenefitssetforthinExhibit"C"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
3
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F2A9F
with the production of the Event at the Event Site.
13.Insurance.Event Organizer shall purchase and obtain all required Event
Insurance policies for the following coverages:
a.General Liability coverage in the amount of at least $1,000,000.00 per occurrence;
--b.$1,000,000.00 Products/Completed Operatlons;
0.$1,000,000.0O Personal and Advertising Injury;at $1,000,000.00 per occurrence;
d.llquor 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 Clty 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 the City's Risk Manager.no later than 1 O days prior to the Event.
15.Compliance with Special Eyents Permit and Applicable_L_aw.Event Organizer shallobfainallapplicablefederal,state and local approvals,permits and licenses relatingtotheEventandanyactivitiesrelatedthereto.Event Organizer shall maintain Its
good standing_in accordance with the laws of the State of Florida and the City ofMiamiBeachCodeofOrdinances("City Code"),and shall comply with the SpecialEventsPermitandanyfederal,state,county or City Code requirement applicabletoEventOrganizerortotheEventOrganizer's operation,its business,or otheractivitiesintheCityofMiamiBeach,including,without limitation,obtaining anyCertificateofUseorBusinessTaxReceipt(s)that may be required for any businessactivity,timely making payment of all taxes,fees or charges that may be due to theCity.Event Organizer shall promptly take corrective action to correct any City CodeviolationornoticeofviolationissuedbyanygovernmentalagencywithjurisdictionoverEventOrganizer.Further,Event Organizer agrees to comply with the termsandconditionsofanylease,contract,or other grant agreement that EventOrganizermayhaveseparatelyenteredIntowiththeCity,if any (Other CityContracts").Any failure by Event Organizer to com ply with any provision of the CityCodeapplicabletoEventOrganizer,or any breach or default by the EventOrganizerofanycovenantorothertermorconditioncontainedinanyOtherCityContracts(after the passage of any applicable notice and cure provision set forththerein),shall,at the option of the City,be considered an event of Default (as suchtermisdefinedmorefullybelow),in which event the City shall be entitled (but innoeventrequired)to apply all rights and remedies available to the City under thetermsofthisAgreementbyreasonofanEventOrganizer's breach or failure tocomplywithsaidobligations.
4
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F2A9F
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 or in equity),claims,liabilities,losses,expenses,or damages,
including,without limitation,attorneys'fees and costs of defense,for personal,
economic,or bodlly 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,-sults,causes of action or proceedings of any kind or nature
arising out of,relating to,or resulting from the performance of this Agreement by
Event Organizer or its officers,employees,agents,servants,partners,principals or
contractors,or Event-Organizer's use of the Event Site,Event Organizer shall pay
all claims and losses in connection therewith and shall investigate and defend all
claims,suits,or actions of any kind or nature in the name of the City,where
applicable,including appellate proceedings,and shall pay all costs,judgments,and
attorneys'fees which may issue thereon.Event Organizer expressly understands
and agrees that any insurance protection required by this Agreement,or otherwise
provided,shall in no way limit its obligation,as set forth herein,to indemnify,hold
harmless,and defend the City or its officers,employees,agents,and contractors
as herein provided.
17,Prohibitions Regarding Sale or Jse_of Expanded Polystyrene Food Service_Articles,
Single Use Plastic Beverage"Straus,Ang 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 shalt not
sell,use,provide food in,or offer the use of expanded polystyrene food service
articles (as definedin City Code Secton 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(0)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
foodservlce 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
5
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
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,Terminatlon of Agreement and Remedies.
a.The following shall constitute events of default:
1.Any material misrepresentation,written or oral,made by Event Organizer and/or
its 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 thls Agreement,upon written
notice to Event Organizer.In the event of any such termination,the City shall have
no further obligation or liability to Event 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.
6
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F 2A9F
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 Clty isallocating 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
makeall 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 performanceof 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:
7
Docusign Envelope ID:BF70851E-39C1-414D-9989-0FAA21F2A9F
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
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
8
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
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 provlded 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 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
9
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
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:RA FAEL E.GRA NADO,CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FLORIDA 33139
E-MAIL:RAFAELGRA NADO@MIAMIBEACHFL.GOV
PHONE:305-673-7411
24.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.
25.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.
26.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.
10
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
IN WITNESS WHEREOF,the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
ATT EST:~
By:Rafael E.Granad
City Clerk
CITY OF MIAMI BEACH,FLORIDAgaspei
NOV 0 4 2024
Date
FOR EVENT
ORGANIZER:
Eric Carpenter
City Manager
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTIONu@o,,gstetjCityAttorney@aDale
LI NCOLN ROAD BUSINESS IMPROVEMENT
DI STRICT INC.
ATT EST:
By:
Print Name/Ti tle
11
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
Exhibit A
Scope of Services
HOLIDAY EVENT ($13,000 sponsorship)
•Annual Holiday Tree Lighting on Lincoln Road in partnership with the City of Miami Beach
to take place at the Euclid Oval on Saturday,November 23.
•Th e progra m will include a 25-minute show at 7.00 pm and 8:.00 pm 7 &8pm
•o Shows will include a 20-piece orchestra singers,sound and lighting courtesy of
Miami Beach Classica l Music Festiva l
ROTATING PUBLI C ART ON LINCOLN ROAD ($25,000 sponsorship)
•XO Sculpture/Temporary Public Art exhibit on display from mid-November 2024 through
June 2025 located on the 400 block of Lincoln Road .
[TH E REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
12
Docusign Envelope ID:BF70851E-39C1-414D0-9989-0BFAA21F2A9F
Exhibit A-1
Site Plan
Site plan details for the holiday activation and rotating art installations are details under
SPE 0924-1822.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
13
LINCOLN RD
XO World Sculpture
Who:LRBID,Daniel Anderson,and XO World Project Foundation
What:Rotating Public Art
When:November 14,2024-June 30,2025
Where:400 block
Electrical requirements noted on site-plan
i
vr o»j+
.
ML EC+LUO£.ACCESS 9±
305.600.0219 Office
305.517.1307 Fax
1620 Drexel Avenue,Suite 100
Miami Beach,FL 33139
Lincoln Road Business
Improvement District,Inc.
LincolnRd.com I LRBID.com
-y -toe
qEE IEEI--\-
\
*THIS EXHIBITION DOES NOT
AFFECT EMERGENCY VEHICLE
OF PEDESTRIAN ACCESS PATHS
7
LINCOLN RD
Annual Christmas Tree Lighting
Who:LRBID,City of Miami Beach,and Miami Beach Classical Music Festival
What:Tree Lighting Ceremony
When:November 23,2024,from 7-9pm
Where:Euclid Oval
Electrical requirements noted on site-plan
Holiday Parade
Who:LRBID
What:Holiday Parade
When:November 29,2024,from 7-9pm
Where:Euclid Oval and the 600 and 500 blocks of Lincoln Road
Electrical requirements noted on site-plan
-
eueR&icy vCLE ACCESS PAT
1El
I
II
147I
□q
I
I,=E=i @
STANCHIONS t]LaJ--------------------.--/t
±
'14
sIs6l ¥
pt a32
£
305.600.0219 Office305.517.1307 Fax1620DrexelAvenue,Suite 100
Miami Beach,FL 33139
Lincoln Road BusinessImprovementDistrict,Inc.
LincolnRd.com I LRBID.com
9
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F2A9F
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 THlS PAGE IS INTENTIONALLY LEFT BLANK]
14
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F2A9F
Exhibit C
Sponsorship Benefit
As specified in Section 5,the Event Organizer has agreed that the Event Site shall be open to
the public free of charge.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
15
Docusign Envelope ID:BF 70851E-39C1-414D-9989-0BFAA 21F2A9F
CERTIFICATE OF COVERAGE ISSUED ON:0912012024
COVERA GE PROVID ED BY PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER:PK FLI 013492124-07 COVERA GE PERIOD:10/01/2024 TO 10/01/2025 12:01 AM
COVERAGES:This is to certify that the agreement below has be en issued to the designated member for the coverage period indicated.Notw ithstanding any
requirement,term or condition of any contra ct or other doc ument with respec t to wh ich this certificate may be issued or may perta in,the coverage afforded by the
agreement described herein subject to all the term s,exclusions and conditions of such agre ement.
Mail to:Certificate Holder Designated Member
Th e City of M iam i Beach Lincoln Road Business Improvement District,Inc.
1700 Convention Center Drive 1620 Drexel Avenue,Suite I 00
M iam i Beach ,FL 33139 M iami Beach ,FL 33139
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER:
and Personal Injury:
Limi t $2,000,000 $0 Deductible Self Insured Workers'Compensation
X Employee Benefits Liability
Limi t $2,000,000 $0 Deductible
Employment Practices Liability Statutory Workers'Compensation
Limi t Deductible
Public Officials Liability Employers LiabilitysEachAccident
Li mi t Deductible s By Disease
Law Enforcement Liability $Aggre gate Disease
Limi t Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
Buildings &Personal Property Automobile Liability
Limi t:Per sche dule on file with Trus t Deductible Limi t Deductible
Note:See coverage agreement for wind,flood,and other deductibles.All Ow ne d
Rented,Borrowed and Leased Equipment Specifically Described Autos
Limi t:$0 TIV See Schedule for Deduc tible Hired Autos
Total All other Inland Marine Non-Owned Autos
Limi t:$0 TIV See Schedule for Deductible
Automobile Physical Damage
CRIME COVERAGE Comp rehe nsive See Schedule for Deductible
Employee Dishonesty Collision See Schedule for Deductible
Limi t Deductible Hired Auto with limit of
Forgery or Alteration
Limi t Deductible Garage Keepers
Theft Disappearance &Destruction Liability Limit
Limi t Deductible Liability Deductible
Computer Fraud Comp rehe nsive Deductible
Limi t Deductible Collision Deductible
NO TE:Additional Covered Party status is excluded fo r non-govern mental entities.The most we wi ll 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 Ope ra tions/Loc ations/Vehicles/Spec ial items-(Th is section completed by member's agent,who bears complete responsibility and liability for its accuracy):
Certificate Holder is Additional Covered Party with respects to all Lincoln Road BID activities tak ing place from 10/1/2024 to 10/1/2025.
This certificate is issued as a matter of inform ation only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the
covera ge afford ed by the agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters®SHOULD ANY OF TH E AB OVE DESCRJBED AGREEMENT BE CANCELLED BEFO RE THE
P.O.Box 958455 EXPIRA TION DATE THERE OF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS.
Pro ducer pct scRiskManagementAssociates,Inc.
300 N orth Beach Street,
Daytona Beach ,FL 32114 AUTHORI ZED RE PRE SENT ATIVE
PGIT-CERT (1/19)PRINT FORM 09/20/2024
Print Date:9/2012024
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA21F 2A9F
MIAMI BEACH LILE1IEEE1LL1LILLIE'LEE
11
2025 Lincoln Road Business Improvement District Sponsorship Agreement
Lincoln Road Business Improvement District Tourism and Culture Department
Lissette Garcia Arrogant
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 2024 through June 2025 on Lincoln Road.
On September 25,2024,the Mayor and City Commission adopted Resolution No.2024-33294,adopting the City's FY 2025
operating budget that included $38,000 to provide funding support of the 2024 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.
g»oC..LC.IC
One (1)year One (1)year
ZIEL.LEE1TEE1
Grant Funded:I I Yes I X No I I State I I Federal I I Other:I
EEEZCEIEIT
E ET17 1I?3 ET7TT 777I3 7TIM22TT
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
ity Commission Approved:X Yes No CC Agenda Item No.:CC Meeting Date:
2024329¢R7 B September 25,2024
If no,explain why CC approval is not required:
egal Form Approved:Yes No If no,explain below why form approval is not necessary:
Docusign Envelope ID:BF70851E-39C1-414D-9989-0BFAA 21F2A9F
-CELE7JILr]its.a +yo
Procurement:Grants:
-DocuSigned by:
Budget:dacl.4ado?Ii fo3mn2@orPVefD0logy:
Risk Management:MGGi (lab4no2 Fee4 %9/r~·-
Human Resources:Other:
of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally
Forfeited Property for Local Law Enforcement Agencies;and
WHEREAS,the Police Confiscation Trust Fund budgets for FY 2025 in the amount of
$586,000 shall be funded from State Confiscation Funds in the amount of $71,000 and Federal
Treasury and Justice Confiscation Funds in the amount of $515,000,as reflected in the attached
Exhibit "B";and
WHEREAS,funds in the amount of $586,000 are available in the Police Confiscation Trust
Funds;and
WHEREAS,the City of Miami Beach is authorized to assess $2.00 from court costs for
criminal proceedings for expenditures for Criminal Justice Education degree programs and
training courses for officers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes;and
WHEREAS,the Police Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes,in the amount of $29,000,as reflected in the attached Exhibit "C";
and
WHEREAS,the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "C")which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Florida Statutes and the guidelines established by the
Division of Criminal Justice Standards and Training;and
WHEREAS,the City of Miami Beach Police Department intends to utilize the $29,000 for
those purposes as authorized pursuant to Section 938.15 of the Florida for education degree
programs and training courses for officers and support personnel of the Miami Beach Police
Department;and
WHEREAS,the Miami Beach Cultural Arts Council (CAC)was established by the Mayor
and City Commission on March 5,1997;and
WHEREAS,the mission of the CAC is to develop,coordinate,and promote the visual and
performing arts in the City of Miami Beach for the enjoyment,education,cultural enrichment,and
benefit of the residents of,and visitors to.the City of Miami Beach;and
WHEREAS,the Mayor and City Commission adopted the Cultural Arts Master Plan on
June 3,1998,identifying the following program areas for the CAC:cultural arts grants,marketing,
facilities,advocacy and planning,and revenue development;and
WHEREAS,pursuant to its enabling legislation,the CAC's budget for each fiscal year
shall be adopted by the Mayor and City Commission;and
WHEREAS,accordingly,the CAC recommends a $1,853,000 budget allocation for FY
2025 to continue implementation of its programs;and
WHEREAS,from January 11,2024 through June 6,2024,the Cultural Affairs staff and
the CAC conducted its application and review process for its FY 2025 Cultural Arts Grant
Programs;and
2
WHEREAS,grants panelists,comprised of the CAC members,yielded 62 viable
applications;and
WHEREAS,the CAC,at its regular meeting on July 11,2024,reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$1,040,545 for FY 2025,as more specifically identified in the "Recommended FY 2025 Funding"
column in Exhibit "D,"attached hereto;and
WHEREAS,the City Manager has reviewed the recommended Cultural Arts awards and
concurs with same;and
WHEREAS,the Miami Beach Visitor and Convention Authority (MBVCA)was created
pursuant to Chapter 67-930 of the Laws of Florida,and Sections 102-246 through 102-254 of the
Code of the City of Miami Beach;and
WHEREAS,pursuant to its enabling legislation,the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission;and
WHEREAS,the MBVCA has recommended approval of the work plan and budget for FY
2025,in the amount of $3,936,000,to continue implementation of its programs as shown in Exhibit
"E."
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City
Commission of the City of Miami Beach,Florida,hereby adopts the final budgets,as amended at
the second public hearing on September 25,2024,for the General,G.O.Debt Service,City Center
RDA Ad Valorem Taxes,North Beach CRA Ad Valorem Taxes,Enterprise,Internal Service,and
Special Revenue Funds for FY 2025 as reflected in Composite Exhibit "A"(Total Revenues by
Fund and Major Category and Expenditures by Fund and Department).Exhibit "B"(Confiscation
Trust Funds),Exhibit "C"(Police Training &School Resources Fund),Exhibit "D"(Cultural Arts
Council Grants),and Exhibit "E"(MBVCA);and further,waives the City's established policy of not
utilizing one-time,non-recurring revenue to fund recurring personnel.operating,and maintenance
costs for the Sanitation Fund.
PASSED AND ADOPTED this ZS__day or Se9hebe _,2024.
ATTEST:u SEP 26 2024 Steven Meiner,Chairperson
Rafael E.Granado,Secretary
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
($st.-
City Attomey Date
3
WHEREAS,grants panelists,comprised of the CAC members,yielded 62 viable
applications;and
WHEREAS,the CAC,at its regular meeting on July 11,2024,reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$1,040,545 for FY 2025,as more specifically identified in the "Recommended FY 2025 Funding"
column in Exhibit "D,"attached hereto;and
WHEREAS,the City Manager has reviewed the recommended Cultural Arts awards and
concurs with same;and
WHEREAS,the Miami Beach Visitor and Convention Authority (MBVCA)was created
pursuant to Chapter 67-930 of the Laws of Florida,and Sections 102-246 through 102-254 of the
Code of the City of Miami Beach;and
WHEREAS,pursuant to its enabling legislation,the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission;and
WHEREAS,the MBVCA has recommended approval of the work plan and budget for FY
2025,in the amount of $3,936,000,to continue implementation of its programs as shown in Exhibit
"E."
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City
Commission of the City of Miami Beach,Florida,hereby adopts the final budgets,as amended at
the second public hearing on September 25,2024,for the General,G.O.Debt Service,City Center
RDA Ad Valorem Taxes,North Beach CRA Ad Valorem Taxes,Enterprise,Internal Service,and
Special Revenue Funds for FY 2025 as reflected in Composite Exhibit "A"(Total Revenues by
Fund and Major Category and Expenditures by Fund and Department),Exhibit "B"(Confiscation
Trust Funds),Exhibit "C"(Police Training &School Resources Fund),Exhibit "D"(Cultural Arts
Council Grants),and Exhibit "E"(MBVCA);and further,waives the City's established policy of not
utilizing one-time,non-recurring revenue to fund recurring personnel,operating,and maintenance
costs for the Sanitation Fund.
PASSED AND ADOPTED this ZS__day or Segue _,2024.
ATTEST:u SEP 26 2024 Steven Meiner,Chairperson
Rafael E.Granado,Secretary
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attomey
9/2 (2oz 4
Date
3