Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2026 Sponsorship Agreement between the CMB and Power Access, Inc. for 2026 South Beach Jazz Festival
Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F Z�zS-33gdis- SPONSORSHIP AGREEMENT 2026 SOUTH BEACH JAZZ FESTIVAL DEC 15 2025 This SPONSORSHIP AGREEMENT (the "Agreement") is made and entered into this _ day of _, 2025, with an effective date of November 17, 2025 ("Effective Date"), by and between the City of Miami Beach, Florida, a Florida municipal corporation, with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and Power Access, Inc., a Florida not -for -profit corporation, with offices at 1616 Michigan Avenue, Unit #1, Miami Beach, Florida,�3139 ("Event Organizer"). WITNESSETH: WHEREAS, the City desires to sponsor the "South Beach Jazz Festival" (the "Event"), an annual five (5) day public event celebrating and building awareness of the disabled community's talents through music; WHEREAS, the ticketed music portion of the Event is scheduled to take place on January 8-11, 2026, in various locations throughout Miami Beach to be agreed upon by Event Organizer and City; WHEREAS, Event Organizer features and showcases jazz artists and promotes enabling musicians to be defined by ability rather than disability; WHEREAS, Event Organizer has produced the Event successfully for nine (9) years, generating significant opportunities for disabled individuals, while educating the community on the importance of fostering access to people with disabilities; WHEREAS, on September 30, 2025, the Mayor and City Commission adopted the FY City's 2026 operating budget that includes funding for the Event; WHEREAS, the City's sponsorship funding for the Event is to be paid directly to Event Organizer, as more particularly set forth herein, to offset expenses for producing and presenting the Event. NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, City and Event Organizer agree as follows: Recitals. The above recitals are true and correct and are incorporated by reference herein. 2. Term. The term of this Agreement (the "Term") will commence on the Effective Date set forth above, and shall expire following the conclusion of the Event and Event Organizer's completion of all of its obligations hereunder, unless terminated earlier in accordance with this Agreement. Event. 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 Event Organizer has advised the City that the Event shall be known and promoted under the title of the "South Beach Jazz Festival." The Event Organizer shall be responsible for the conduct and operation of the Event and will provide the appropriate personnel to conduct the Event. The City is under no obligation to fund subsequent events. Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F Event Organizer shall be responsible for any and all compensation that may be due to any and all performers, entertainers, vendors, organizations, event sanctioning bodies, vendors, and participants, and the City shall have no such responsibility, obligation, or liability. The City shall not be responsible or liable to competitors for prize money payments, or to any third party for any aspect of the production of the Event. Further, the City shall not be a party to any independent contracts that the Event Organizer may enter into with other organizations, contractors, or participants in 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 City. 4. Sponsorship Funding. Subject to Event Organizer's compliance with its obligations under this Agreement and 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 $50,000.00 for the Event; provided, however, that no more than 15 percent (15%) of any City cash sponsorship contribution may be made in advance of the Event. All remaining cash contributions shall be made on a reimbursement basis, following (i) the conclusion of the Event, (ii) the City's receipt and approval of production development materials and required supporting documentation (e.g. invoices, canceled checks and photographs) demonstrating that Event Organizer has actually incurred such third -party expenses, and (iii) Event Organizer's submission, and the City's acceptance, of the Final Report. Notwithstanding the foregoing, because Event Organizer is a Miami Beach -based nonprofit organization and has produced the South Beach Jazz Festival for at least five years, the City Manager (or designee) may, pursuant to City Code Section 12-9(b)(2), pay an advance that is greater than 15 percent (15%) in such amount, and subject to such conditions, as the City Manager (or designee) shall determine, provided that: (i) Event Organizer can establish, with documentation acceptable to the City Manager (or designee) in his/her sole discretion, that limiting the advance to 15 percent (15%) would cause undue hardship due to contractual obligations to pay artists and/or production companies that provide sound, light, staging and other production equipment advances and/or payments that are due immediately upon the conclusion of the Event, and (ii) the Event budget is not greater than $500,000.00. 5. 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 benefits to conduct and operate the Event in a safe and respectful manner, in accordance with all applicable laws, and without endangering others or violating their rights. 6. Sponsorship Benefits. In consideration of the City sponsorship funding described in this Agreement, and the mutual promises made herein, Event Organizer shall provide sponsorship benefits to the City which, at a minimum, shall include the sponsorship requirements/benefits set forth in Section 9 of this Agreement and in Exhibit A, attached hereto and incorporated herein. 7. Public Benefit Program. Event Organizer shall provide a public benefit program (the "Public Benefit Program") to be made available to City of Miami Beach residents. The Event's Public Benefit Program shall include the following, wherever permissible and applicable within the Event footprint: Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F A. The Event promotes the City of Miami Beach to residents and visitors from around the world as a destination for high quality cultural programming and as an inclusive and accessible destination. Event Organizer shall provide ASL interpreters at all performances and audio description available at many festival dates: January 8-11, 2026. B. Event shall include two full days of FREE concerts, January 10 and 11, 2026, on Lincoln Road. Saturday, January 10th from 10am-5pm at the Jazz for Tomorrow Student stage 700 block Lincoln Road, will feature award winning youth bands, scholarship winners, master classes and activations under the directions of our Educational Program Advisor, Nicole Yarling. Sunday, January 11th will feature a full day of local, regional, and nationally recognized jazz bands and special guests from 11am-9pm at the Power Access Main Stage 1100-1111 Lincoln Plaza. Artists include Spirit of Goodwill Band, Autism Theater Project, Lemon City Trio, The Harden Project, Federico Britos Jazz Quintet, Spam All -Stars, Rio Gafieira Rio Miami with Nestor Torres plus special guest performances and scholarship winners throughout the weekend and an art gallery pop up. C. Friday, January 9th will include a FREE public concert in Collins Park featuring The Stephen Bernstein Milenielle Orchestra, a FREE lecture in The Bass with Grammy winning historian Ricky Ricardi from the Louis Armstrong House Museum and 2 FREE accessible gallery tours. D. Saturday night, January 10th will feature a concert by the Spanish Harlem Orchestra with special guest Etienne Charles with a 20% discount for Miami Beach residents plus 100 free tickets for students and seniors. 8. Final Report. The Event Organizer must provide, within 30 days of the completion of the Event, a final report (the "Final Report"), detailing the following: • Third -party verification of Event outcomes including, without limitation, event attendance figures with proven method of collection, media impressions generated by the event, photos and videos of the event; • The implementation of the Public Benefit Program, including statistics relating to how many residents, seniors, and children were served, and how this program was marketed and communicated to the residents; • All supporting documentation required under Section 4 for the payment of the cash sponsorship; and • Vendor and community feedback. 9. 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 (if applicable): A. Prominently display City of Miami Beach logo in all media and promotional marketing materials related to the Event including, but not limited to, advertisements, brochures, 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 3 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F of the same level. All marketing materials shall be subject to the approval of the City Manager's designee prior to dissemination. B. Live announcement(s) during the event by emcee. C. 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. D. 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 to the attention of the Director of the Tourism and Culture Department, located at 1755 Meridian Avenue — 5,h Floor, Miami Beach, FL 33139, E. No press releases, public announcements or public disclosures relating to this sponsorship or its subject matter, including but not limited to promotional or marketing material, shall be made public by Event Organizer without the prior written consent of the City. Event Organizer shall cease using all logos or other City marks upon the expiration of the Term unless expressly authorized in writing by the City. Additionally, the City reserves the right to require the removal of its logo/marks from any promotional materials at any time and for any reason. This paragraph shall survive the expiration of this Agreement. 10. Event Organizer is Responsible for the Following: A. Event Organizer shall arrange for vendor concessions inside the enclosed area of the Event Site. All sales of soft drinks or other beverages must be in compliance with the City's beverage contract. Event Organizer will collect all proceeds from Event concessions. City shall have no responsibility, obligation or liability relating to vendor concessions. Event Organizer shall be solely responsible for ensuring that all vendors' services are provided in accordance with all applicable laws, including, without limitation, all food service, food handling, and alcoholic beverage and license regulations, including the following. 1. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Event Organizer shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7) within the Event Site or otherwise in connection with the Event. 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. 4 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 2. Additionally, Event Organizer agrees and acknowledges that, pursuant to Section 82- 8 of the City Code, as may be amended from time to time, Event Organizer shall not sell, use, provide food in, or offer the use of single -use plastic beverage straws or single -use plastic stirrers (as defined in City Code Section 82-8) within the Event Site or otherwise in connection with the Event. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Event Organizer from 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. 3. Event Organizer agrees to comply with Section 46-92(c) of the City Code, which provides that it is unlawful for any person to carry any expanded polystyrene product, single -use plastic beverage straw, or single -use plastic stirrer onto any beach or park within the City. It is also unlawful for any business to provide single -use plastic beverage straws or single -use plastic stirrers with the service or delivery of any beverage to patrons on any beach within the City. Notwithstanding the above, the provisions in Section 46-92(c) that pertain to single -use plastic beverage straws and single -use plastic stirrers shall not apply to a person or patron with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single -use plastic stirrer. 4. Event Organizer hereby agrees and acknowledges that, pursuant to Section 82 of the City Code, as may be amended from time to time, Event Organizer shall adhere to City prohibition regarding the sale or use of expanded polystyrene food service articles, single use plastic beverage straws, and single -use plastic stirrers. B. 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. C. Event Organizer shall retain any and all rights to the Event, including any rights associated with Event -related apparel and/or product sales. D. Event Organizer shall keep the City apprised, on a monthly basis, of its progress with respect to the activation of the Event. 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 City to promptly address any deficiencies or concerns the City may have in connection with the Event. E. Event Organizer hereby grants the City a non-exclusive license and right to use the title of the Event or any photographic, video, audio or other 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. F. Event Organizer shall purchase and obtain all required Event Insurance policies for General Liability coverage in the amount of at least $1,000,000.00 General Aggregate; $1,000,000.00 Products/Completed Operations; $1,000,000.00 Personal and Advertising Injury; at $1,000,000.00 per occurrence, covering City, and all participants, no later than 10 days prior to the Event, and Event Organizer shall provide a Certificate of Insurance evidencing such coverage to the City's Risk Manager. Event Organizer shall 5 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F also provide liquor liability insurance, in the amount of $1,000,000,00, and Host liquor liability insurance, in the amount $1,000,000.00. The above policies shall cover the City, and all participants, no later than 10 days prior to the Event. Event Organizer shall provide a Certificate of Insurance evidencing such coverage to the City's Risk Manager no later than 10 days prior to the Event. All insurance policies shall name City as additional insured and Certificate Holder, as follows: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 G. Event Organizer shall obtain all applicable federal, state, and local approvals, permits and licenses relating to the Event and any activities related thereto. Event Organizer shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any federal, state, county or City Code requirement applicable to Event Organizer or to the Event Organizer's operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s) that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City. Event Organizer shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Event Organizer. Further, Event Organizer agrees to comply with the terms and conditions of any lease, contract, or other grant agreement that Event Organizer may have separately entered into with the City, if any ("Other City Contracts"). Any failure by Event Organizer to comply with any provision of the City Code applicable to Event Organizer, or any breach or default by the Event Organizer of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure period set forth therein), shall, at the option of the City, be considered an event of Default (as such term is defined more fully below), in which event the City shall be entitled (but in no event required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of an Event Organizer's breach or failure to comply with said obligations. H. 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 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 Event Organizer or its officers, employees, agents, servants, partners, principals or contractors, or Event Organizer's use of the Event Site, including, without limitation, any claim that any aspect of the Event infringes upon any third-party's existing copyrights, trademarks, trade names, or other intellectual property or proprietary rights. 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 6 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 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. 11. Events of Default, Termination of Agreement for Cause and Remedies. A. The following shall constitute events of default: i. Any material misrepresentation, written or oral, made by Event Organizer and/or its representatives to City. ii. Failure by Event Organizer to timely perform and/or observe any of the terms and conditions of this Agreement. iii. 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 City, operate as an automatic forfeiture of any rights or benefits conferred under this Agreement, and accordingly, City reserves the right to revoke the fee waivers, discontinue the funding provided for herein, or request the return of sponsorship funds. C. In the event that Event Organizer is in default of any of its obligations under this Agreement, Event Organizer shall be liable for all damages, costs and expenses arising out of or related to its default. In the event of a default, City reserves the right to pursue any and all legal remedies available to it, including but not limited to termination of this Agreement for cause, which termination shall be effective upon ten (10) days written notice to Event Organizer. In the event of any such termination, the City shall have no further obligation or liability to Event Organizer. 12. Assignment. Event Organizer shall not assign its rights, interests or obligations under this Agreement without the City's prior written consent. Any purported assignment in violation of this section shall be void and shall constitute an event of default hereunder. 13. Audit and Inspections. Event Organizer shall keep accurate and complete books and records of all receipts and expenditures relating to this Agreement, in accordance with generally accepted accounting principles, and shall retain such books and records for at least four (4) years after completion 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, all the financial records of the Event Organizer related to this Event. 14. City's Right to Suspend Activities or Remove Persons from Event Site. The City Manager shall have the authority to suspend all or any part of the activities of Event Organizer, upon verbal or written notice to Event Organizer, when, in the City Manager's sole judgment and discretion, such activities may be or are detrimental to the public or to the City, or if the City has reason to believe any law or ordinance is being violated by Event Organizer, its agents or employees. The City reserves the right through the City Manager, to suspend or terminate use of the Event Site if visitors become unruly, and to reject any sponsor, presentation, material or item which is or may be, in the sole opinion of the City Manager, hazardous, offensive, immoral or disparaging to the 7 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F image of the City, or to any person or group of persons. The decision of the City Manager in such regard shall be final, binding, and conclusive. 15. Termination for Convenience. A. The Event Organizer may conduct the Event for the Term of this Agreement, unless the City Manager decides to terminate the Event, at the City Manager's sole and absolute discretion, for any reason or no reason whatsoever, for the convenience of the City. The City Manager shall notify the Event Organizer, in writing, of the City's termination of this Agreement. B. The Event Organizer may elect, during the Term of this Agreement, to terminate this Agreement and no longer conduct the Event. If the Event Organizer elects to terminate this Agreement, the Event Organizer shall notify the City in writing prior to commencement of the Event. If the Event Organizer elects not to conduct the Event or elects not to seek an extension of the terms of this Agreement, this Agreement will automatically terminate. 16. Notice. Whenever any party desires to give notice to any other party, it must be given by written notice sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place designated below and the place so designated shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the parties designate the following as the respective places for giving notice: CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager EVENT ORGANIZER: Power Access, Inc. c/o David New 1616 Michigan Avenue, Unit #1 Miami Beach, Florida 33139 17. 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 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of Event Organizer, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to Event Organizer, Event Organizer shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of 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. D. The Inspector General shall have the right to inspect and copy all documents and records in 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. E. Event Organizer shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, Event Organizer shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. Event Organizer shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to Event Organizer, its officers, agents, employees, subcontractors and suppliers. Event Organizer shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Event Organizer in connection with the performance of this Agreement. 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 Event Organizer or third parties. 9 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 18. Event Organizer's Compliance with Florida Public Records Law. A. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if Event Organizer meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Event Organizer shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if Event Organizer does not transfer the records to the City; 4. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of Event Organizer or keep and maintain public records required by the City to perform the service. If Event Organizer 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, Event Organizer 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 Event Organizer 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. Event Organizer'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. Event Organizer 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 Event Organizer to compel production of public records relating to the City's contract for services, the court shall assess and 10 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F award against Event Organizer the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that Event Organizer unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Event Organizer has not complied with the request, to the City and to Event Organizer. 2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to Event Organizer at Event Organizer's address listed on its contract with the City or to Event Organizer's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 3. Event Organizer who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. F. IF EVENT ORGANIZER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EVENT ORGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACH FL. GOV PHONE: 305-673-7411 19. E Verify. A. Event Organizer 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, Event Organizer 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, provide an affidavit stating that Event Organizer does not employ, contract with, or subcontract with an unauthorized alien, or, upon the City's written request, otherwise demonstrate Event Organizer's compliance with Section 448.095 as described therein. Additionally, Event Organizer shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to 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, as applicable. If Event Organizer enters into a contract with an approved subcontractor, the subcontractor must provide Event Organizer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Event Organizer 11 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. B. Termination Rights. 1. If the City has a good faith belief that Event Organizer has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Event Organizer for cause, and the City shall thereafter have or owe no further obligation or liability to Event Organizer. 2. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 3(A), but Event Organizer otherwise complied with such subsection, the City will promptly notify Event Organizer and order Event Organizer to immediately terminate the Agreement with the subcontractor. Event Organizer's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate Event Organizer's contract for cause. 3. A contract terminated under the foregoing Subsection (13)(1) or (13)(2) is not in breach of contract and may not be considered as such. 4. The City or Event Organizer or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (13)(1) or (13)(2) no later than 20 calendar days after the date on which the contract was terminated. 5. If the City terminates the Agreement with Event Organizer under the foregoing Subsection (13)(1), Event Organizer may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6. Event Organizer is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section. 20. No Discrimination. Event 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 may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because 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 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. 12 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 21. Event Organizer's Compliance with Anti -Human Traffickina Laws. Event Organizer 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 B. 22. Prohibition on Contracting with a Business Engaging in -a,Boycott. Event Organizer warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2- 375.1(2)(a) of the City Code, Event Organizer hereby certifies that Event Organizer is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 23. Prohibition On Contracting With An Individual Or Entity Which Has Performed Services For Compensation To A Candidate For City Elected Office. Event Organizer warrants and represents that, within two (2) years prior to the effective date of the Agreement, Event Organizer 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). 24. Prohibition Against Contracting With Foreign Countries Of Concern When An Individual's Personal Identifying Information May Be Accessed. Event Organizer 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, 13 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 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. Event Organizer warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Event Organizer to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit', incorporated herein by reference and attached hereto as Exhibit C. 25. Entire Agreement. This Agreement shall constitute the entire agreement between the parties, and supersedes all prior negotiations, representations, or agreements either written or oral. No warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 26. Governing Law and Attorney's Fees, This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie 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. In the event of any dispute which arises out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including bankruptcy and/or appeal, if any. 27. Scope. 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. 28. No Partnership or Agency. 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 City and Event Organizer. In no event shall Event Organizer represent to any third party that it is acting as an agent, representative or on behalf of City for any purpose or in any manner whatsoever. 29. Amendment. No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 30. Extent of Agreement. This Agreement represents the entire and integrated Agreement between City and Event Organizer and supersedes all prior negotiations, representations, or agreements either written or oral. 31. Corporate Status: This Agreement shall automatically terminate if, within thirty (30) days from execution of this Agreement, Event Organizer does not provide the City with proper documentation evidencing that Event Organizer is registered to do business in the State of Florida. The remainder of this page is intentionally left blank. 14 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. ATTEST: Rafael . Granado City Clerk DEC 15 2025 Date FOR EVENT ORGANIZER: ATTEST: 11. `David `New R. David New/ President Print Name/Title 11 /24/2025 Date CITY OF MIAMI BEACH, FLORIDA By: Eric T. Carpente City Manager ACCESS, INC. By. 41"'O� 15 Lori Bakkum / Executive Director Print Name/Title APPROVED AS TO FORM & LANGUAGE & FFO�R� EXECUTION t City Attorney 'n Date Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F EXHIBIT A SPONSORSHIP/MARKETING BENEFITS: o Event Organizer shall prepare and finalize a robust marketing plan and shall supply a copy of such plan to the City of Miami Beach Office of Marketing & Communications. o Should the name not appear in the logo lockup, the Event must recognize the City of Miami Beach as a top tier partner in all announcements, posts, coverage and other, where event name is used. o City name recognition/logo to be prominently displayed on promotional materials including press releases, and all printed (stage banners, programs, site signage), social and digital collateral. o No press releases, public announcements or public disclosures relating to this sponsorship or its subject matter, including but not limited to promotional or marketing material, shall be made public by the Event Organizer without the prior written consent of the City. o The Parties agree not to use the other Party's name or Event names in any promotional material or public announcement without prior written or oral consent of the other. o Event Organizer agrees to make every effort to make themselves available for photo calls and/or interviews with press or broadcasting agents with a minimum of twenty-four (24) hours' notice to any media event. o Event Organizer shall offer the City an opportunity for City representatives to speak at all press conferences and ribbon cutting events. o Event Organizer shall make City aware of all press events with at least twenty-four (24) hours' notice. o Event Organizer shall provide the City with all video and photography, captured by Event Organizer, or its designated production team, from the Event, for archival and promotional purposes, and grants City a non-exclusive license to the City for its use. o City shall have the right to station two (2) photographers and two (2) video operators within the Event Site, including in any space dedicated to Event media personnel. o Event Organizer shall provide the City with up to four (4) VIP tickets (if available) to be contested away on City owned social media / digital channels. o Event Organizer shall provide working passes for all City Marketing and Communications staff who will be working the event. City to provide a confirmed list of individual names no later than seven (7) days before the Event date. o Event Organizer shall tag @miamibeachnews (IG, Twitter) or @CityofMiamiBeachGovernment (FB) in all social media posts o Event Organizer shall promote the Event on all Event Organizer owned social and digital channels, starting at least one month prior to Event start date. o Event Organizer shall make dedicated City, non -sales specific, spotlight Instagram posts. o Event Organizer shall make dedicated City, non -sales specific, spotlight Tweets on Twitter. o City name recognition/logo on step & repeat banners. 16 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F EXHIBIT B ANTI -HUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Event Organizer hereby attests under penalty of perjury that Event Organizer 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 Event Organizer. EVENT ORGANIZER: Power Access, Inc., a Florida not -for -profit corporation. 1616 Michigan Ave suite1, Miami Beach, FL 3313f Name/Title: -Lori a um Executive L�Irector (Address) State of iqiuAa County of I)OAP foregoing instrument was acknowledged before me by means of O physical presence or ❑ online notarization, this day of _ 2025 by Lori Bakkum as Executive Director —__ of Power Access, Inc., a Florida not -for -profit corporation, known to me to be the person described herein, or who produced oath. NOT PUB (Sign e) (Print Name) lr My commission expires: ............... MANON HERNANOEZ Notary Public - 5tate of Florida A Commission k HH 267776 orryd!` My Comm. Expires May 24, 2026 Bonded through National Notary Assn. as identification, and who did/did not take an 17 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F EXHIBIT C 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 Event Organizer, hereby attests under penalty of perjury that Event Organizer does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Event Organizer 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 Event Organizer; or (c) Event Organizer 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 Event Organizer. EVENT ORGANIZER: Power Access, Inc., a Florida not -for -profit corporation. 1616 Michigan Ave. suite 1, Miami Beach, FL 3313 Name/Title: Lori B-aVk—uffiT Executive Nrector _ (Address) _ State of tjC(24cC� County of _ The foregoing instrument was acknowledged before me by means of O physical presence or ❑ online notarization, this day of 2025 by Lori Bakkum , as _ Executive Director of Power Access, 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 (Print Name) My commission expires: alv MAN614 HERNANDEZ € • �: Notary Public - State of Florida Commission p HH 267776 My Comm. Expires May 24, 2026 Bonded through National Notary Assn. 18 Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F ® DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ANTHONY ALL COUNTY INSURANCE PHONE . (561)471-0513 Lac No: (561)471-2715 PO Box 15268 E-MAIL anon a acoun nsurance. ADDRESS: thll Y � �icom_ West Palm Beach, FL 33416-5268 INSUREII AFFORDING COVERAGE NAIL/ INSURED POWER ACCESS 1616 MICHIGAN AVE # 1 MIAMI BEACH, FL 33139 (561)-703-971 6 FL 33139 Alliance of Nonprofits for Ins 1 10023 CAVFRAGFC CFRTIFICATF MIIMll REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X 2025-49390 9/30/2025 9/30/2026 EACH OCCURRENCE $ 1,000,000 $ 100,000 DAMAGE TO PREMISES EaENTED occurrence MED EXP Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY jE O- LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR EXCESS LIAR HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA OTH STATUTE ER _. $ $ _ $ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder below is also listed as additional insured with respect to General Liability City of Miami Beach 1700 Convention Drive Miami Beach, FL 33139 t,AN4,CLL.A I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 2025-33945 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS 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 FISCAL YEAR 2026. WHEREAS, the City Manager's total final Fiscal Year (FY) 2026 operating budget, net of transfers and Internal Service Funds, as amended at the second public hearing on September 30, 2025, is $910,849,000 including the General, General Obligation (G.O.) Debt Service, City Center RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, and Special Revenue Funds, as reflected in the attached Composite Exhibit "A"; and WHEREAS, the FY 2026 General Fund operating budget, as amended, totals $482,497,000; and WHEREAS, the FY 2026 budgets for the G.O. Debt Service, City Center RDA Ad Valorem Taxes, and North Beach CRA Ad Valorem Taxes total, as amended, $16,296,000, $36,255,000, and $1,693,000, respectively; and WHEREAS, the FY 2026 budgets for the Enterprise Funds total $312,047,000" and WHEREAS, the FY 2026 budgets for the Special Revenue Funds total $144,887,000; and WHEREAS, the FY 2026 budgets for the Internal Service Funds, which are primarily supported by transfers from the General Fund, Enterprise Funds, the City Center and North Beach Community Redevelopment Areas, and Special Revenue Funds, total $146,307,000, as amended; and WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs for the Building, Sanitation, and Sustainability Funds in accordance with the budgets proposed for FY 2026, the Mayor and City Commission would need to waive the City's established policy of not utilizing one-time, non -recurring revenue to fund recurring personnel, operating, and maintenance costs; and WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust Fund -land WHEREAS, the proceeds and interest earned from the Police Confiscated Trust Fund are authorized to be used for crime prevention, safe neighborhoods, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds following a request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification (attached as Exhibit "B") which states that this request complies with the provisions Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F 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 2026 in the amount of $143,000 shall be funded from State Confiscation Funds in the amount of $71,000 and Federal Treasury and Justice Confiscation Funds in the amount of $72,000, as reflected in the attached Exhibit "B"; and WHEREAS, funds in the amount of $143,000 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 $1,855,000 budget allocation for FY 2026 to continue implementation of its programs; and WHEREAS, from January 6, 2025 through June 5, 2025, the Cultural Affairs staff and the CAC conducted its application and review process for its FY 2026 Cultural Arts Grant Programs; and Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F WHEREAS, grants panelists, comprised of the CAC members, yielded 61 viable applications; and WHEREAS, the CAC, at its regular meeting on July 3, 2025, reviewed the grant panelists' recommendations and unanimously supported the recommended Cultural Arts awards totaling $1,040,424 for FY 2026, as more specifically identified in the ''Recommended FY 2026 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 2026, in the amount of $3,794,000, to continue implementation of its programs as shown in Exhibit "E NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby adopts, as amended at the second public hearing on September 30, 2025, the final budgets for the General, G.O. Debt Service, City Center RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and Special Revenue Funds for FY 2026 as reflected in Composite Exhibit 'A" (Total Revenues by Fund and Major Category and Expenditures by Fund and Department), Exhibit "B" (Confiscation Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Cultural Arts Council Grants), and Exhibit "E" (MBVCA); and further, waives the City's established policy of not utilizing one-time, non -recurring revenue to fund recurring costs for the Building, Sanitation, and Sustainability Funds. PASSED AND ADOPTED this day 6$RP_Mn BF- 2025. ATTEST: OCT 0 2 2025 Rafael E. G nado, City Clerk Steven Meiner, Mayor APPROVED AS TO ems`'` FORM & LANGUAGE '.INC03' GRATED: = & FOR EXECUTION �N 26 s-- Date Docusign Envelope ID: 39BE7F41-7DB8-4041-A3E0-FBF600EB6F3F MIAMIBEACH Power Access, Inc. 2026 South Beach Jazz Festival - Sponsorship Agreement Tourism and Culture Department Director Narqi Date ACM Name, Signature & Date 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 S — Grant agreements with the City as the grantor x Type 8 — Other: The South Beach Jazz Festival is an annual four (4) day public event celebrating and building awareness of the disabled community's talents through music. The festival features and showcases jazz artists and promotes enabling musicians to be defined by ability rather than disability. The ticketed music event is scheduled to take place January 8-11, 2026, in various locations in Miami Beach. On September 30, 2025, the City Commission approved the City's FY 2026 operating budget via resolution 2025-33945 that included a sponsorship amount of $50,000 for the South Beach Jazz Festival in the Cultural Arts Council (CAC) Fund. Approval authority for the City Manager to sign the agreement is delegated under PO.03.02 given the total of the agreement is under $100,000. Renewal Periods U.M.WTURInal + RegJWs) ; Grant Funded: I I Yes J 1No7state I F-Fe-de—ra-l-]Other: MEET Trr- 1 $50,000 140-6080-000349-25-406-555-00-00-00- Yes x No 2 1 Yes No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual adopted operating budget. City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2025-33945 R7 B 9/30/2025 If no, explain why CC approval is not required: egal Form Approved: x I Yes No If no, explain below why form approval is not necessary: Procurement: N/A DocuSigned by: Grants: N/A Budget: 'rMtta i#b Sri DocuSi rted bRAA y: Information Technology: N/A Risk Management: tWC l� � V, Fleet & Facilities: N/A Human Resources: N/A Other: N/A -Inmal a