Grant Program Agreement among CMB & The School Board of Miamni-Dade County, Florida Docusign Envelope ID:EB969079-4745-41 FE-87C1-D0DEA07373D6 20 1 - 28 q 2.
Memorandum of Understanding
Between the City of Miami Beach
And the Lincoln Road Business Improvement District, Inc.
This Memorandum of Understanding("MOU")is hereby entered into as of the , day of October
2025, by and between the City of Miami Beach, a municipal corporation organized and existing
under Florida law,with principal offices at 1700 Convention Center Drive, Miami Beach,FL 33139
(the "City") and the Lincoln Road Business Improvement District, Inc., a Florida not-for-profrt
corporation with principal offices at 1620 Drexel Avenue. Miami Beach, FL 33139 (the"LRBID")
(collectively,the City and the LRBID may hereinafter be referred to as the"Parties").
RECITALS
WHEREAS, Lincoln Road hosts Miami Beach's largest and most entertaining Halloween
celebration each year, attracting thousands of residents and visitors wearing outlandish and
creative costumes;
WHEREAS, the annual Lincoln Road Halloween celebration has historically been
conducted on an ad hoc basis;
WHEREAS, in an effort to provide a safe, orderly, and festive atmosphere for the
thousands of residents and visitors who plan to attend the Halloween celebration on October 31.
2024, (the "Event"), the City and LRBID intend to secure a joint City special event permit to
authorize the programming and activations to be conducted along Lincoln Road and provide a
security plan for the Event; and
WHEREAS,the City and the LRBID wish to execute this MOU in order to define the roles
and responsibilities of each Party as they relate to the Event.
NOW,THEREFORE,in consideration of the foregoing, the Parties agree as follows:
1. Recitals: The recitals are true and correct and are hereby incorporated into and made a
part of this MOU.
2. Joint Application: The Parties agree to submit to the City of Miami Beach a joint
application for a special event permit for the Event (the "Joint Permit") within ten (10)
business days of the execution of this MOU. In accordance with Section 12-5 of the City
Code, the City retains its authority to issue, modify or revoke the application for a Joint
Permit. The Joint Permit application must fully comply with the City Code, the Special
Event Guidelines, and any other requirements imposed by the City.
3 Exclusive Permit:The Parties acknowledge that the Joint Permit secured by the City and
the LRBID shall be the only special event permit granted by the City for programming and
activations on Lincoln Road on October 31,2025.
4. Programming: The LRBID shall be responsible for the coordination of artistic
programming for the Event as set forth in this Section 4 and shall be responsible for all
costs associated with such programming (the "Programming"). The City will not be
responsible for reimbursement to the LRBID of any costs associated with the
Programming for the Event. The currently anticipated Programming includes
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approximately three(3) disc jockeys and one(1) live band performing on four(4)stages
throughout Lincoln Road (the "Performers"). The exact locations of all stages and
performances will be determined jointly by the LRBID and the City.
5. Security: The City shall be exclusively responsible for the provision of security services
for the duration of the Event, consisting primarily of Miami Beach Police Department and
Miami Beach Fire Rescue personnel. The LRBID will not be responsible for
reimbursement to the City of any costs associated with the provision of security services
for the duration of the Event.
6. Sanitation: The City shall be exclusively responsible for the collection of garbage and
debris and the general clean-up efforts immediately following the Event. The LRBID yid}
not be responsible for reimbursement to the City of any costs associated with the provision
of such sanitation services.
7. Outdoor Bar Counters: The Parties shall jointly identify fifteen (15) potential locations
along Lincoln Road and the side streets for the placement and operation of outdoor bar
counters for the duration of the Event.The specific locations of outdoor bar counters shall
be spaced out and configured so as to promote the free flow of pedestrian traffic
throughout Lincoln Road and the side streets. In an effort to maintain a uniform aesthetic
appearance throughout the Event,and subject to the City's final approval,the LRBID may
identify or approve the model(s) and/or specifications of the outdoor bar counters to be
used during the Event. A limited number of outdoor bar counters may be operated by
Event sponsors; otherwise, the outdoor bar counters shall be operated by bars or
restaurants located on Lincoln Road and the side streets.which bars or restaurants shall
submit applications for such operation and shall be accommodated on a first-come,first-
served basis. Prior to the Event,each operator of an outdoor bar counter must:(1)provide
to the City and the LRBID an Additional Insured Endorsement naming both the City and
the LRBID as additional insured parties;and (2)agree(in a form that is acceptable to the
City)to indemnify the City and the LRBID from any damage or injury caused as a result of
their operation of the outdoor bar counters.
8. Security Deposit: A refundable security deposit of$20,000 will be required no later than
fourteen (14)days prior to the first event load in date. Based on the scope and location of
the event, a pre- and post-event site inspection may be conducted by the applicant and
appropriate City personnel to determine existing conditions and evaluate potential
damages, if any. Security deposits will be refunded as soon as possible(approximately 4
-6 weeks after the event load out) if all conditions are followed, public property is left in
as good condition or better and without damage, any pending Code citations are satisfied
and all City invoices are fully paid. Failure to comply with restrictions imposed may result
in forfeiture of up to the entire amount of the security deposit, as per Enforcement and
Penalties, listed on page 36, of the Special Events Guidelines and Requirements booklet.
$2,500 for events entirely within private property or on public property with no City services
required and up to 150 attendees; $5,000 for events up to 1500 and/or requiring City
services:$10,000 for events between 1501 and 5000 attendees;$20,000+for events with
more than 5000 attendees and/or with a load in to load out duration exceeding 14 days.
Deposits for Non-Profit applicants will not exceed S10,000.
Any post-event balance or fines owed to the City, its employees, Departmental or Facility
charge/expenses, damage, repair or replacement cost(s), etc. may be deducted from the
security deposit. Any unpaid balance owed exceeding the security deposit will be cause
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for refusal to accept future Special Event Permit applications. Such applications will not
be considered until all outstanding debts to the City are paid in full(i.e. License Fee,Code
Enforcement Lien, Special Assessment Lien, and/or any other debt or obligation due to
the City under State or local law)
PLEASE NOTE SECURITY DEPOSITS CANNOT BE WAIVED
9. Insurance and Indemnification: The Parties agree that any and all parties participating
in the production of the Event, including without limitation all sponsors, operators of
outdoor bar counters, artists, disc jockeys, and other performers, (i) must provide to the
City and the LRBID an Additional Insured Endorsement naming both the City and the
LRBID as additional insured parties for the Event.and(ii)shall(in a form that is acceptable
to the City) indemnify the City and the LRBID by executing an agreement in form and
substance acceptable to the City, in its sole discretion.
10.Florida Public Records Law
A. LRBID 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 LRBID meets the
definition of"Contractor"as defined in Section 119.0701(1)(a), the LRBID 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
MOU if the LRBID does not transfer the records to the City;
iv. Upon completion of the MOU, transfer, at no cost to the City, all public
records in possession of the LRBID or keep and maintain public records
required by the City to perform the service. If the LRBID transfers all public
records to the City upon completion of the MOU,the LRBID shall destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the LRBID keeps and maintains
public records upon completion of the MOU, the LRBID 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
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
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requested records. the City shall immediately notify the LRBID of the request,
and the LRBID must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
ii.LRBID's failure to comply with the City's request for records shall constitute a
breach of this MOU, and the City, at its sole discretion, may: (1) unilaterally
terminate the MOW: (2) avail itself of the remedies set forth under the MOU;
and/or(3)avail itself of any available remedies at law or in equity.
iii. A LRBID 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 LRBID to compel production of public records,
the court shall assess and award against the LRBID the reasonable costs of
enforcement, including reasonable attorneys' fees. if:
ii The court determines that the LRBID unlawfully refused to comply with the
public records request within a reasonable time;and
iii. At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request. including a statement that the
LRBID has not complied with the request, to the City and to the LRBID.
iv. A notice complies with subparagraph(i)(b)if it is sent to the City's custodian
of public records and to the LRBID at the LRBID's address listed on its contract
with the City or to the LRBID'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
v. If LRBID complies with a public records request within 8 business days
after the notice is sent, it is not liable for the reasonable costs of enforcement.
r IF THE LRBID HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LRBID'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS MOU, 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: RAFAELGRANADOAMIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Inspector General
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.
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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 LRBID, 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 LRBID, the LRBID 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 LRBID, 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 LRBID'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,al!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 LRBID 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 MOU,for examination,audit,or reproduction,until three(3)years after
final payment under this MOU or for any longer period required by statute or by other
clauses of this MOU. In addition:
i. If this MOU is completely or partially terminated, the LRBID shall
make available records relating to the work terminated until three
(3)years after any resulting final termination settlement;and
ii. The LRBID shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
MOU until such appeals, litigation, or claims are finally resolved;
and
iii. The provisions in this section shall apply to the LRBID, its officers,
agents,employees,subcontractors,and suppliers.The LRBID shall
incorporate the provisions in this section in all subcontracts and all
other agreements executed by the LRBID in connection with the
performance of this MOU.
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
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intended nor shall they be construed to impose any liability on the City by the LRBID or
third parties.
12. No Discrimination: The LRBID also accepts and agrees to comply with the following
Special Conditions:
A. LRBID 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 LRBID 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,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 LRBID 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 Grant
recipients provide equal access and equal opportunity and services without
discrimination on the basis of any disability.
13.E-Verifv: LRBID 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, LRBID 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 MOU. Additionally, LRBID shall expressly require that any approved sub-
contractor performing work or providing services pursuant to the MOU 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
LRBID enters into a contract with an approved subcontractor, the subcontractor must
provide the LRBID with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. LRBID shall maintain a copy of
such affidavit for the duration of the subcontract or such other extended period as may be
required under this MOU.
14.LRBID's Compliance with Anti-Human Trafficking Laws:LRBID agrees to comply with
Section 787.06,Florida Statutes,as may be amended from time to time,and has executed
the Anti-Human Trafficking Affidavit, containing the certification of compliance with anti-
human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of
which is attached hereto as Exhibit A.
15.Prohibition on Contracting with a Business Engaging in a Boycott: LRBID warrants
and represents that it is not currently engaged in, and will not engage in, a boycott, as
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defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of
the City Code, LRBID hereby certifies that LRBID is not currently engaged in,and for the
duration of the MOU,will not engage in a boycott of Israel.
16. Prohibition on Contracting with an Individual or Entity Which Has Performed
Services for Compensation to a Candidate for City Elected Office: LRBID warrants
and represents that, within two (2) years prior to the Effective Date, LRBID has not
received compensation for services performed for a candidate for City elected office, as
contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt,the restrictions on contracting with the City pursuant to
Section 2-379 of the City Code shall not apply to the following:
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office.This includes,without
limitation: banks, telephone or internet service providers, printing companies, event
venues, restaurants, caterers,transportation providers,and office supply vendors.
C. Any individual or entity which performs licensed professional services (including
for example, legal or accounting services).
17. Prohibition Against Contracting with Foreign Countries of Concern when an
Individual's Personal Identifying Information May Be Accessed: LRBID hereby
agrees to comply with Section 287.138, Florida Statutes, as may be amended from time
to time,which states that as of January 1, 2024, a governmental entity may not accept a
bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would
grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or
representative of the entity under penalty of perjury attesting that the entity does not meet
any of the criteria in Paragraphs 2(a)-(c)of Section 287.138,Florida Statutes:(a)the entity
is owned by a government of a foreign country of concern;(b)the government of a foreign
country of concern has a controlling interest in the entity; or (c) the entity is organized
under the laws of or has its principal place of business in a foreign country of concern
(each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138
(1)(c), Florida Statutes, as may be amended from time to time, as the People's Republic
of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or
the Syrian Arab Republic, including any agency of or any other entity of significant control
of such foreign country of concern. Additionally, beginning July 1. 2025, a governmental
entity may not extend or renew a contract with a Prohibited Entity. LRBID warrants and
represents that it does not fall within the definition of a Prohibited Entity.and as such.has
caused an authorized representative of LRBID to execute the "Prohibition Against
Contracting with Entities of Foreign Countries of Concern Affidavit', incorporated herein
by reference and attached hereto as Exhibit B.
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THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF. the Parties hereto have affixed their signatures,effective on the
day first above written
FOR THE CITY OF MIAMI BEACH, FLORIDA:
ATTEST: Docusigncd by:
L
ati, f. V'arn.ah
r eaosroxac� By:
Rafael E. Granadas Eric T. Carpenter
City Clerk City Manager
p/3I7,-
Date _ Date
FOR LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.:
ATTEST: (J
,A.i ..2.
(Jvrrtn-i-E M le M,4 c} ► C—LA, Da-.
PrintName/Title / Print Name/Ti le
I,0. /30- 2-6 10 .a D. Zr
Date Date
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
9ç ?4
- 10(Cin
c1City Attorney ,',•5_ Date
Docusign Envelope ID:EB969079-4745-41FE-87C1-D0DEA07373D6
EXHIBIT A
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06(13). Florida Statutes, the undersigned. on behalf of LRBID
hereby attests under penalty of perjury that LRBID does not use coercion for labor or services
as defined in Section 787.06. Florida Statutes, entitled "Human Trafficking"
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of LRBID.
LRBID:
Li oln Road Business Improvement District. Inc., a Florida not-for-profit corporation
Ave, I-A8, CL 33E39
Name/Title: (Address)
State of Fr
County of MIIndtI Drrre
The foregoing instrument was acknowledged before me by means of G physical presence or El
online notarization, this?ell day of OC.TDBC , 2025 by ,f97 ilateL LL Zel.S
as-; xf&t,fT1 Y6 DipEreire of Lincoln Road Business Improvement District, Inc., a Florida not-
for-profit corporation. known to me to be the person described herein, or who produced
as identification, and who did/did not take an oath.
N Y P BLIC
Notary Public Slate of Florida
(Si a re) 1 ~� Netells Mejlt I
My Cemmloalon NM 65S2�5 I
�-� t M�f E>tplr�a 4ISn0�!
(Print Name)
My commission expires: 9`S 21
Docusign Envelope ID:EB969079-4745-41FE-87C1-D0DEA07373D6
EXHIBIT B
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned. on behalf of LRBID, hereby attests under penalty of perjury that LRBID does not
meet any of the following criteria in Paragraphs 2(a)-(c)of Section 287.138, Florida Statutes- (a)
LRBID is owned by a government of a foreign country of concern, (b)the government of a
foreign country of concern has a controlling interest in LRBID: or(c) LRBID is organized under
the laws of or has its principal place of business in a foreign country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury,to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of LRBID.
LRBID:
Lin In Road Busi ss Improvement District, Inc.. a Florida not-for-profit corporation.
IU2c) wX 2,
ame/Title c?Q\ (Address)
State of Lai DF" u�
County of pit1fw1- Oft9E
The foregoing instrument was acknowledged before me by means of C physical presence or
online notarization,this day of DGTaa -4. , 2025 by
ititht2eL L.Le Pt S . as fy r7 t1G D/rIZ)he.of Lincoln Road
Business Improvement District, Inc.. a Florida not-for-profit corporation, known to me to be the
person described herein,or who produced _ - as
identification, and who did/did not take an oath.
NOT RY PUBLIC -
0'\ Notary Slats Florida
Natalie Meitlla
(S gnature) r My Ex commia
piresa�5�20lo5 NM2s 65125s
/Uj9T7 t 1 I Ahei iit
(Print Name)
My commission expires: 4-5-2 4)