HomeMy WebLinkAboutSponsorship Agreement Ocean Drive Improvement Association - 2025 Fireworks Display between the CMB and Ocean Drive Improvement Association, Inc. 1�ti S �'��6�1
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SPONSORSNIP AGREEMENT
OCEAN DRIVE IMPROVEMENT ASSOCIATION -2025 FIREWORKS DISPLAY
This SPONSORSHIP AGREEMEN7 - OCEAN DRIVE IMPROVEMENT ASSOCI��IQI� 7 ,�,j)�
FIREWORKS DISPLAY(the "Agreement") is made and entered into this ,day of K U_ LU _
2026, with an effective date of May 21,2025("Effective Date"), by and between the City of Miami Beach,
Florida,a Florida municipal corporation(the"City"),with offices at 1700 Convention Center Drive, Miami
Beach, Flonda 33139, and Ocean Drive Improvement Association, Inc., a Florida not-for-profit
corporation ("Event Qrganizer''),whose address is 760 Ocean Drive, Miami Beach, Florida 33139.
WITNESSETH:
WHEREAS, Event Organizer, in partnership with the City, has hosted annual Independence
Day fireworks on the Lummus Park beachfront for over a decade;
WHEREAS, in recent years, Event Organizer has expanded its Independence Day celebration
to include a patriot�c concert on Ocean Drive and 12th Street, featu�ing an orchestra performance by
the Miam� Beach Classical Music Festival;
WHEREAS, as part of its partnership, the City provides special event sponsorship to Event
Organizer in the amount of$50,000 in matching funds for fireworks displays for Independence Day and
New Year's Eve;
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted an amendment to
the Turtle Nesting Protection Ordinance No. 2024-4652, which restricts fireworks displays on the
beachfront during turtle nesting season but permits displays from offshore barges;
WHEREAS, Event Organizer has indicated that securing an offshore barge for the July 4, 2025,
fireworks display is cost prohibitive and requested that the City fund the remaining $50,000 necessary
to cover the cost of the barge and fireworks activatlon;
WHEREAS, Event Organizer submitted a fully executed agreement with Explosive Touch
Enterprises, a fireworks vendor, detailing a total cost of$1 Q0,000 for the fireworks display and offshore
barge.
WHEREAS, on May 21, 2025, the Mayor and City Commission adopted Resolution No. 2025-
33661, approving a one-time additional special event sponsorship for the Ocean Drive Association July
4, 2025 event�reworks display, funding the gap in an amount up to$50,000, and further authorizing the
City Manager and City Clerk to execute this Agreement;
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:
1. Recitals. The above recitals are true and correct and are incorporated by reference herein.
2. Temt. The term of this Agreement(the"Term")will commence on the Effective Date set forth above,
and shall expire following the conclus�on of the Event and Event 4rganizer's comptetion of all of its
obligations hereunder, unless terminated eariier in accordance with this Agreement.
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3. Event. Event Organizer shall be soleiy responsible for producing and promour�y a�l aspects of the
Event, including securing private sponsors and vendors to part�cipate in the Event. The Event
Organizer has advised the City that the Event shall be known and promoted under the title of the
"Ocean Drive Improvement Association -2025 Fireworks Display." The Event Organizer shall be
responsible for the conduct and operation of the Event and will provide the appropnate personnel
to conduct the Event. The City is under no obligation to fund subsequent Eve�ts.
Event Organizer shall be responsibfe tor 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 Ciry 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 Clry shall not be a party to any Independent contracts
that the Event Organizer may enter into with other organizations, contractors, o� participants in the
Event and/or supporting activities, nor shall the City be liabie to such third parties. Event Organizer
shall not represent that it is an agent, official, authorized representative, or employee of City.
4. �onsorship Fundinq. 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 $5Q,000 for the Event; provided, however, that no more than 15 percent (15%) of the
City's total sponsorship contribution may be disbursed 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 matenals and required supporting
documentation (e.g invoices, canceled checks and photographs) demonstrating that Event
Organizer has actually �ncurred such third-party expenses, and (iii) Event Organizer's submission,
and the City's acceptance, of the Final Report.
5. warranties. Event Organizer warrants and represents that it has all necessary rights, authority,
licenses and permits necessary to enter mto 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 aperate the Event in a safe and respectful manner, in
accordance with all applicable laws, and without endangering athers or violating their rights.
6. �oonsorshi� 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 Proqram. Event Organizer shall provide a pub�ic benefit program (the "Public Benefit
Program") to be made available to City of Miami Beach residents. The EvenYs Public Benefit
Program shall include the following, wherever permissible and appficable within the Event footprint:
The Ocean Drive Associa[ion 2025 Fireworks Display is/ree to the public.
8. Final Re�ort. The Event Organi2e�must provide, within 30 days of the completion of the Event, a
f�nal report(the"Final Report"), detailing the following:
• The implementation of the Public Benefit Program, including statistics relating to how meny
residents, seniors, and children were served, and how this program was marketed and
communicated to the residents; and
• All supporting documentation required under Section 4 for the payment of the cash
sponsorship.
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9 Sponsorship ReAuirements fhr� foilowiriy :s a list of ��ublicily and eredit requirements fpr events or
programs receiving financial or in-kind support from the City of M�ami 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
i� a manner where the City logo is displayed before sponsors of lesser value, and placed in
the most prominent position amongst sponsors of the same level.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 Ciry of Miami Beach existing sponsorships, including
the non-alcoholic pouring rights agreement with PepsiCo who is granted exclusivity in ALL
non-a{coholic beve�age 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 evenUevent producer shall be consistent with
the City Commission established policy for the distribution of tidcets and the Ciry's
Administrative Guidelines for Distribution of any tickets and must be sent to the attention of
the Director of 1he Tourism and Culture Department, located at 1755 Meridian Avenue — 5`^
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 marketmg material, shall be made
public by Event Organizer without the prior written consent of the Ciry. 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 Qrpanizer is Resaonsibls for the Followin4:
A. Event Organizer shall arrange for vendor concessions inside the enclosed area of the Event
Site. AI� 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
responsibifity, 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 artic}es (as deflned 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 sectton shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed pnor to receipt by Event Organizer.
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2 Additionally, Event Orgar�izer agrees and acknowledges that, pursuant to 5ection 8?-8 of the
City Code,as may be amended from Ume to time, Event Organizer shail 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 terrns of this Agreement.
Notwithstanding the above,the requirements of Section 82-8 shall not restrict Event Organiier
from providing a beverage with, or offenng 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 singlg-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 acknowfedges 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.
8. 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 ali nghts to the Event, including any rights associated with
Event-related apparel and/or product sales.
D. Event Organizer shall keep the City appnsed, 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-exctusive license and right to use the title of the
Event or any photographic,video, audio or other footage of the Event, in connecrion with any City-
produced publication, including the City produced magazine or any City media outlets, such as
MBN. This section shall survive the teRnination or expiration of this Agreement.
F. Event Organizer shall purchase and obtain atl 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 also provide liquor liability insurance,
in the amount of$1,00O,OOfl.00,and Host liquor liability insurance, in the amount$1,000,000.00.
The above policies shall cover the City, and afl participants, no later than 10 days prior to the
Event. Event Organi2er 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 CeRificate Holder, as follows:
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C►ty of M�am� Beach, F�orida
1700 Convention Center Drive
Miami Beach, Florida 33139
G. Event Organizer sha{I obtain all applicable federal, state, and locai approvals, permits and
licenses re(ating to the Event and any activities related thereto. Event Organizer shall maintain
its good standing in accordance with the laws of the State of Ftorida 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 mak�ng
payment of all taxes,fees or charges that may be due to the Ciry. Event Organizer shall promptly
take corrective action to correct any City Code violation or notice of violation issued by any
govemmental 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 �nto with the City, if any("Other City Contracts").
Any failure by Event Organizer to comply with any prov�sion 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 tfie City shall be entitled {but in no
event required) to apply all rights and remedies available to the Ciry under the terms of this
Agreement by reason of an Event Organizer's breach or failure to compfy with said obligations.
N. 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, inGuding, without limitation, attomeys'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 ansing out of,
relating to, or resulting from the performance of this Agreement by Event Organizer or its off"rcers,
employees, agents,servants, partners, principals or contractors,or Event Organizer's use of the
Event Site, including, wlthout limitation, any Gaim 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 Urganizer shall pay aIl claims and losses in connection therewith and
shall investigate and defend all claims, suits. or actions of any kind or nature in the name of the
City, where applicable, including appellate proceedings, and shall pay all costs,judgments,and
attorneys' fees which may issue thereon. Event Organizer expressly understands and agrees
that any insurance protection required by this Agreement, or othen�vise provided, shall in no way
limit its obligation, as set forth herein, to indemnify, hold harm�ess, and defend the City or its
officers, employees, agents, and contractors as herein provided.
11. Events of Default. Termination of Aqreement for Cause, and Remedi�s.
A. The following shall constitute events of default:
i. Any meterial misrepresentation, written or oral, made by Event Organizer andlor 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 ot Event Organizer.
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B The occurrence af any event of default by Event Organ�zer may,at the sole op6on of Gity,operate
as an automatic forfeiture of any rights or benefits conferred under this Agreement, and
accordingiy, City reserves the right to revoke the fee waivers, discontinue the funding provided
for herein, o�request the retum 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 wntten notice to Event Organizer. In the event
of any such termination, the City shall have no further obligation or liability to Event Organizer.
12. Assiqnment. Event Organizer shall not assign its rights, interests or obligations under this Agresment
without 1he City's p�ior written consent. My purported assignment in violation of this section shall be
void and shall constitute an event of defautt 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 requesi 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 conceming this Agreement, as the City deems necessary.
Furthermore, the Ciry may, at its expense, audit or have audited, all the financial records of the Event
Organizer related to this Event.
14. CiN's Riqht to Susqend 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 noUce 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 flrganizer, its agents or employees. The City reserves the nght through the City
Manager, to suspend or terminate use of the Event Site if visitors become unn.ily, and to reject any
sponsor, presentation, material or item which is or may be, in the sole opmion of the City Manager,
hazardous, offensive, immoral or disparaging to the image of the City, or to any person or group of
persons. The decis�on of the Ciry Manager in such regard shall be final, binding,and conGusive.
15. Termination for Convenienoe.
A. The Event Organizer may cor�uct 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.
8. 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.
1&. Notice. Whenev�r any party desires to give notice to any other party, it must be given by writ�en notioe
sent by registered United States mail, with retum recefpt request�, addressed to the party for whom it is
mtended at the place designated below and the p�ace so designated shall remain such until they shall
have been changed by wntten notice in compliance with the provisions ot this section. For the present,
the parties designate the following as the respective places for giving notice:
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CITY.
City of Miami Beach
1700 Convention Center Dnve
Miami Beach, Fiorida 33139
Attn: City Manager
EVENT ORGANIZER�
Ocean Drive Improvement Associa6on, Inc.
760 Ocean Qrive
Miami Beach, Florida 33139
17. Insoector General Audit Riahts.
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, perfom�► 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 wit�esses and monitor City projects and programs. Monitonng 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 shalt have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement p�ocess including but not limited to pro�ect
design, bid specificahons, (bid/proposal) submittals, activit►es of Event Organizer, its officers,
agents and employees, lobbyists, City staff and elscted 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 Orgarnzer, Event Organizer shall make all requested
records and documents available to the Inspector General for inspectbn 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 pro�ect design, bid specifications, (bid/proposal)
submittals, activities of Event Organizer its officer5, agents and employees, lobbyists, City staff
and elscted officials to ensure compliance with the contract documents and to detect fraud and
corruption.
D. The Inspector General shatl 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, (bidlproposal) 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 rec;ords and supporting
documentation tor the aforesaid documents and records.
E. Event Organizer shall make available at its office at all reasonable times the records, matenals,
and other evidence regarding the acquisition (b�d preparation) and performance of this
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Rgresment. for exarninatior��, audit. c�r re�roductGon, unUl thr�e�3)years after fi:iai payrn�ni under
this Agreement or for any longer period required by statuta or by other clauses of this Agreement.
In addition:
i. ff this Agreement is comptetely or partiafiy terminated, Event �rganizer shall make
avaifabie records relating to the work terminated until three (3) years after any resuiting
finai termination settlement; and
ii. Event Organizer shaii 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 afficers, agents, employees,
subcontractors and suppliers. Event Organizer shall incorporata the provisions in this section in
all subcantracts and all ather 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 nar shall they be
consirued to impose any liability on the Ciry by Event Organizer or third parties.
18. Event Qrpanizer's Compliance with Florida Public Records l.aw.
A. Event Organizer shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as rnay be amended from time to time.
B, The term "public reeords" 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 pPocessing software, or other material, regardless of the physical form,
charactenstics, ar 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
af"Contractar° as defined in Section 119.0701(1}(a), Event Organizer sha{I:
1. Keep and maintain public records required by the City to perform the service;
2. Upon request from the Citys 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 atherwise prov�ded by law;
3. Ensure that public records that are exempt or confidential and exempt from public records
disctosure requiremenfs are not discfosed, except as authorized by law, for the duration of
the cantract term and foflowing completion of the Agreeme�t if Event Organizer does not
transfer the records to the Gity;
4. Upan campletian of the Agreement, transfer, at no cost to the City, all public records in
possession of Event Organiaer or keep and maintain public reco�ds required by the City to
perfarm the service. If Event Organizer transfers all public records to the City upon
compietion oi the Agreement, Event Organizer shall destray any duplicate public records
that are exempt or confidentia!and exempt from public records disclosure requirements. If
Event Organizer keeps and maintains public records upon completion of the Agreement,
Event Organizer shall meet al! applicable requirements for retaining public records. All
�ecords stored electrorncaNy must be provided to the Ciry, upon request from the City's
custadian of public records, in a format that is compatible with the information technology
systems of the City.
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D Request For Records; Noncam�i�ance.
1. A request to inspect or copy public records relating to the City's contract for services
must be made directly to the Gity. 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
reasonabte 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 itseff 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. tf a civil action is filed agamst Event Organizer to compel production of public records
relating to the City's contract for services, the court shall assess and award against Event
Organizer the reasonable costs of enforcement, including reasonable attomeys'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
compiied with the request, to the City and to Event Organizer.
2. A notice complies with subparagraph (1 Xb) 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 Orgarnzer who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
F IF EVENT ORGANIZER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EVENT
ORGANIZER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHON E: 305-673-7411
19. E-Verifv.
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-Venfy Statute,
commencing on January 1, 2021, Event Organizer shall re,gister with and use the E-Verify system
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to verify the work authonzation status of all newly hired employees dunng the T-errri of the
Agreement, provide an affidavit stating that Event Organizer does not employ, contract w�th, 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 perfonning work or providing servioes
pursuant to the Agreement to utilize the U.S. Department of Homeland Security's E-Verify system
t�a verify the employment eligibility of all new employees hired by the subcontractor during the
contract TeRn, as applicable. If Event Orgarnzer enters into a contract with an approved
subcontractor, the subcontractor must provide Event �rganizer with an affiidavit stating that the
subcontractor does not amploy, contract with, or subcontract with an unauthorized alien. Event
Organizer shall malntain a copy of such a�davit for the duration of the Agreement or such other
extended period as may be required under this Agreement.
B. Termination Riqhts.
1. If the City has a good faith belief that Event Organizer has knowingly violated Secbon
448.09(1), Florida Statutes, the Gty 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. Ii 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 subsecUon, the City will
promptly notify Event Organizer and order Event Organizer to �mmediately 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 (B)(1)or(B)(2) is not in breach of
contract and may not be considered as such.
4. The City or Event Orgarnzer or a subcontractor may file an action with the Circuit or County
Court to challenge a termination under the foregoing Subsection (B)(1)or(B)(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 Subsecbon
(B)(1), Event Organizer may not be awarded a public contract for at least 1 year after the
date of termination of this Agrsement.
6. Event Organizer�s liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section.
20. No Discr�minat�on. Event Organizer also accepts and agrees to comply with the following Special
Conditions:
A. Event Organizer hereby agrees that it will comply with Tide VI of the Civil Rights Act of 1964(42
U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, natianal origin,
handicap, or sex.
B. Event Organizer hereby agrees thet ii 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 (includ�ng independent contractors), housing, public
accommocfations, public services, and m connection with its membership or policies because of
actual or perceived race,color,national ongin, relig�on, sex, �ntersexuality,gender identity,sexual
onentation, 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.
G 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.
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0. Tne C�ty also enciorses the rr,anuate of the Reha�ibtat�un Act af 7973 and SecUor 50�3 and
prahibits discrrmination on the basis of disability and requires ti�at sponsorship recipients provide
�ual access and equa! opportunity and services without discrimination on the basis of any
disability.
21, Event Orc�aniz�r's Compliance with Anti-tiuman Traffickina �aws. Event Organizar agrees to comply
with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the
Anti-Numan Tra�icking Affidavit, cantaining the certification of compliance with anti-human trafficking
laws, as required by Section 787.06{13), Fiorida Statutes, a copy of which is attached hereio as
Exhibit B.
22. Prohibition on Contractina with a Business EngaQina in a Bovcott. Event Organizer warrants and
reprsse�ts 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 ceRifies that Event C?rganiaer is not currently engaged rn, and for the duration af the
Agreement, will not engage in a boycott of Israel,
23. Prohibition Qn Conkracting With An Individual O� EPtit,Y Which Has Performed Services Fo�
C4mpensation To A Candidate For Citv Elected (�ffic�. Event Organizer warrants and represents
that, within two (2} years prior to the effective date of the Agreement, Event Organizer has rtot
rec�+ved compensation for services perFormed for a candidate for City elected offtee,as contemplated
by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contrecting with the City pursuant to SecGon 2-379 of
the City Code shafl not apply to the following:
A. Any indiv�duai or entity that provides gaods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office if those same services
are regularly perfarmed by the individual or entiry in the ordinary course of buslness for clients
or customers ather than candidates for office, This includes, without limitation, banks,
telephone or internet service providers. printing companies, event venues, restaurants,
caterers, transportafion praviders, anci office supply vendors.
C. Any individual ar enti#y which performs licensed prolessional services (including for example,
lega! or accounting services).
24. Prohibition Aaainst Contracting With Foreipn C�untnes Of Concem When An IndividuaPs Personal
Identifvinq lnfarmatian Mav �e Accessed. Event Qrgarn2er hereby agrees to comply with Section
287.138, Fiorida Statutes, as may be amended from time to time, which states that as of January 1,
2024, a governmentaf entity may not accept a bid on, a proposal for, or a reply to, or enter into, a
confract with an entity which would grant the entity access to an individual's personal identifying
information (PII), unless the entity prov�des the governmental entity with an affidav�t 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 govemmeni af a foreign country of concern; (b)the govemment of a foreign country of concem
has a controlling interest in the entity; or (c} tfie entity is organized under the laws of or has its
principal p4ace of business in a foreign country af concern (each a "Prohibited Entity"). A foreign
country of c4ncern is defined in Section 287 138 (1)(c), Florida Statutes, as may be amended from
time to time, as the People's Republic ofi China, the Russian Federation, the Islamic Republic of
iran, the Democratic Peapte's Repubtic of Korea, the Republic of Cuba, the Venezuelan regime of
Nicolas Maduro, or the 5yrian Arab Republic, including any agency of or any other entity of
significant control of such foreign country of concern. Additionally, beginnirtg July 1, 2d25, a
governmental entity may not extend or renew a contract with a Prohibited Ent�ty. Event Organizer
warrants and represents that it does not faA within the de�nition of a Prohibited Entity, and as such,
has caus�! an authorized representative of Event Organizer to execute the "Prohibition Against
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C;ontracUng w�th EnttUes af Foreign Countnes c�f Conc�rn Affidav�t", �ncor���rated hereir� by
reference and attached hereto as Exhibit B.
25. Certification of Gompliance with Antidiscrimination and Anti-Bovcott Repuiremen�s. As required by
Section 2-375.2 of the City Code, Event Organizer has executed the Certification of Compliance
with Anttdiscriminatian and Anti-Boycott Requirements,a copy of which is attached hereto as Exhibit
B and incorporated herein.
26. Certification of Com�li�nce with Citv Antidiscriminatio� Reauirements. As required by Section
2.375.3 of the Ciry Code, Event Organizer has executed the Certification of Compliance with City
Antidiscrimination Requirements, ,a copy of which is attached hereto as Exhibit B and incorporated
herein.
27. En�re Aqreement. This Agreement shal4 constitute the entire agreement between the part►es, and
supersedes all prior negotiations, representations,or agreements either writte�or oral. No warranties,
inducements, considerations, promises or other references shall be implied or impressed upon this
Agreement that are not expressly addressed herein.
28. Governint� Law and Attomev'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, Flonda, and if
legal action is necessary by either party with respect to the enforcement of any or a(I of the terms or
conditians herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County,
Florida. BY ENTERING INTQ THIS AGREEf�tENT, THE GITY AND EVENT ORGANIZER
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVII. LITIGATION RELATED TO, OR ARfSING OUT OF, THIS AGREEMENT. In the event of any
dispute which arises out af this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and eosts, including bankruptcy andtor appeal, if any.
29. 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.
30. No Partnership or Aqencv. Event Organizer agrees that nothing herein contained is intended o�
should be Construed as in any way creating or establishing the relationship of partners or joint
venturerg between City and Event C?rgan�zer. In no event shall Event Urganizer represent to any
third pa�ty that it is acting as an agent, representative or on behalf of City for any pury�ose or in any
manner whatsoever.
31. Amendment. No modification, amendment or alteration of the terms or condilions contamed herein
shail be effective unless contained in a written document executed by the parties hereto, with the
same formality and of equal dignity herewith.
32. Extent of Agreement. 7his Agreement r�presents the entire and integrated Agraement between City
and Event �rganizer and supersedes all prior negotiations, representations, or agreements either
written or oral.
33. CarDn�ate St�tus: This Agreement shall automafically terminate if, within thirty(30)days from execution
of this Agraement, Event Organize�does not provide the City with proper documentation avidencing that
Event Organizer is registered to do bus►ness in the State of Florida.
Ths remainder of this page is intentionally left blank.
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IN WITNESS WNEREOF, the Parties or their ciuly authonzed re{�resentatives hereby�xea�te this
Agreement on the date written below.
FOR THE GTY:
ATTEST� CITY OF MIAMI BEACH, FLORIDA
/ )
�,
---- --_�----- By: h
aei E. Granado Eric T. Carpent r
�City C�erk REGIS BARBOU A�ana9er
�
APR 0 7 Z026 ��P`�".. ,..cti,,,;.
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Date �� '
�.INCORP�RATED' '
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FOR EVENT ORGANIZER: OCE���;��fE IMPROVEMENT ASSOCIATION, INC.
F
ATT�S�: ''��_
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y��,� c, u �}Fa�. � P �z� ��,��-�a
Print Name/Title Pnnt Name itle i
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D�te
YENY Q.ORTEc3A
Notary Pubik
State of f{orMa
, CommN HH376067
Expires 3/20/2027
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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� City Attorney �•:�' Date
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EXHIBIT A
SPONSORSHIP/MARKETING BENEFITS:
a Event Organizer shali prepare and finalize a robust marketing plan and shali supply a copy of such plan to
the City of Miami Beach Office af Marketing&Communications.
o Should the name not appear in the lago 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 recognitian/logo to be prominently displayed on promotional materials including prsss releases,
and all printed (stage bann�rs, programs, site signage}, social and digital coliateral.
a Rlo press releases, public announcements or public discfosures 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 wntten consent of the City.
o The Parties agree not to use the other Party's name or Event names in any promotianal material or public
announcement without prior written or orat consent of the other.
o Event 4rganizer agrees to make every effart to make themselves available for photo calls andlor
interviews with press or broadcasting agents with a minimum of twenty-four (24) hours' notice to any
media event.
o Event C?rgarnzer shall off�r the City an opportunity for Clty representatives to speak at ail pr@ss
canferences and ribbon cutting events.
o Event Organizer shall make City aware �f all press events with at least twenty-four(24) hours' notice.
o Event Organizer shal{ provide the City with ail video and photography, captured by Event Organizer, or its
designated produetian tearn, from the Event, for archival and promotional purposes,and grants City a non-
exclusive license to the City for its use.
o City shail have the right to station twa(2)photc�raphers and two(2}video operators within the Event Site,
including in any space dedicated to Event media personnel.
o Event Qrganizer sha�ll 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 provid�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 (�jmiamibeachnews (IG, Twitter) or �CityafMiamiBeachGovemment (FB) in
all svc�al media posts
o Event Orgar�izer shall promote the Event on all Event Organizer owned soaal 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 Organizar shall make dedicated City, non-sales specific, spotlight Tweets on Twitter.
o City name recognition/logo on step & repeat banners.
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EXHtB1T B
CITY'S AFFIDAVITS AND CERTIFICATIONS
This Exhit»t inciudes affidavits and cer�fications required under�plicable Florida law and the Code of the City of Miam�Beach
in connection a4th the executi�on and admin�traaon of thfs Agreeement. To ensure acknowiedgment and understanding of each
requirement, the Event Organizer shatl initial each section included in this Exhibit. The act of initialing confirms the Event
Qrganizers review of, and agreement to, the siatements contained therein. The Event Organizer shall also sgn and notarize
the acknowfedgmeni at the end of this Exh�bR,affirming the Wth and accuracy of aN initialed statemeni5.
This Fxhik�+t must be.^ompleted by a pe�son autho!izec�to make the foi!owing attestatiens on behal!p`Fvent��qanizer
� � .
irntia4s�t
In accordance with Section 787 Q6(13j,Flaruia Statutes,mcorporated herein by reference,the undersigned,on behalf oi Event
4rganizer hereby attests under penalty of perjury that EveM Organizer does rrot use ccercion for Iabor or services as defined
,� �P,ti�,, '8''�� u��r�!!a StahiteS ent�tled "Hu!�,an Traffick�nq
�...�......,* �, � . f . r; r
� 'i� e • -i' � t, • '' y
�;iflelS(��1
In accordance with Sectton 287138, Fbrida Statutes. incomcxated herein by reference,the undersigned, on behalf of Event
Chganizer,hereby attests under pe�alty of per�ury that Event Organiz�r does not meet any of the following criteria in Paragraphs
2(a}-{c)of Section 287138,Fiorida Statutes:(a)Event Oryanizer is owned by a govemment of a foreign counb}r of concern;(b)
the govemmenf ot a foreign caunkry of concem has a controlling interest m Event(�rgan�zer or(cl Event O�gamzer�s organized
'l�1C�Pf(he�BWS`af^t'18�'s 1�S^Y`Ctfl°)r'��^�"1��?nf hiiSlflP.CS '.*1 e�ff'ff'In(1 �.^,(;�1�^v ^f':^f1C,nrn
"�:��fi s • "a-�
;�,�+� , • � :,• r �• -�
itlltidiS{��_)
1n accordance with Secpan 2-375.2 of the City Code, ir�orparated herein by �eference, the undersigned, on behalf of Event
Q�ganizer, hereby a�iests that Event Organizer will comply with ali relevant aMidiscriminaaon laws, i�luding the anti-boycott
provisions of Section 2-375.1 of the Ciry Code,and a�irms triat Evertt Organizer will not engage�n a boycott of lsrael,antisem�ic
d?scnminatian�r ant�semihe sGeer,h in con�unction with the Event
• • • �
• �
inlUdfs.y� �
In accordance with Section 2-375.3 of the City Code, incorporated herein by referer�e, the undersigned, on behali of Event
Ckganizer, her�eby attesis that Event Qrgan�zer wi1C comply with all relevant antidiscrimination laws, and affirms that Event
t}rganizer will not engage in discrimination bassd upan any class�ficatian category as set forth in Sectian 62-31 of the City Code
m can�unction with the Event
(SIGNaTURE PAGE F0110WSj
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� • •
9Y SiGNiNG AND NOTARIZING THIS PAGE,YOU ARE ATTESTING t0 THE AFFIDAVITS AND
CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHI8IT.
I unde�stand that i am swearing o�affirtning under oath, under penal6es of perjury, to the tn�thfuiness of the Gaims
made m this Exhibit and that the punishment for knowingty making a false statement may include fines andlor
impnsonment.
The ersigned is authonzed to execute th�s affidavit an behalf of Event Organizer.
EVENT 0 .
i tion, Inc., a Florida not-for-profit corporation.
i y`�c a c,��,� ��a��
Sign honze resent �ve (Address)
NamelT' rJ Za I L �C.,�'"�1�P�
St8t8 Of �"�O c � ��
County of �����- , J��r
The foregoing instrument was acknowledged before me by means of (�physical presence or ❑
online notanzation, this t�'" day _ of M 4� c�n , 2026 by
��,��ti. 1�l-��. K , as C1..cY�Crn.�.r. , of Ocean Drive
Improvement Association, Inc., a Florida not-for-profit corporation, known to me to be the �et�a.
described herein, or who produced as identification, and
who did/did not take en oath.
NOTARY �B�.�
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V4 ?
(Signature��
��w� � . � r���—
(Print Name)
My commission expires: Z� 2
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Ocean Drive Improvement Association ,.
�;: ��:
760 Ocean Drive, Suite 9 ��-�6�.:� s�
�:_�, ���Il�'
Miami Beach, FL 33139 �� '°�''`"'�
__--___.
�.�� � � '
+13055288125 3 ' . ' • -
execdirector@oceandrivemb.com ��'� � , „ . ,
� �������
BILL TO INVOICE# 4551
City of Miami Beach DATE 03/13/2026
DUE DATE 03/13/2026
TERMS Due on receipt
4th of July Fireworks 1 50,000.00 50,000.00
Barge
Barge for Fireworks per new CMB requirements BALANCE DUE
Barge for Fireworks per new CMB requirements �5�����•��
. �
BANK
� � /�
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RESOLUTION NO. �d25-33661
A RESOLUTIQN OF THE MAYQR AND CITY COMM1551pN OF THE
CITY OF MIAMI BEACH, FL�RIDA, APPRC}VING A UNE-TlME
ADDITlONAL SPECIAL EVENT SPONSORSHIP FOR THE OCEAN
DR{VE ASSOCIATIO(d JULY 4, 2a25, EVEfdT FfREWORKS DISPLAY
fUNDkNG GAP IN AN AMOUNT UP TO $54,000; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE SPUNSORSHIP AGREEMENT RELATED TO THE APPROVED
FUNDING.
WHEREAS, the �cean Dri�e Association ("QQA"), in partnership with the City of
Miami Beach, has hosted annual Independence Day fireworks on the Lummus Park
beachfront for over a decade; and
WHEREAS, in recent years, the �DA has expanded its Independence Day
celebratian to include a patriotic concert on Ocean Drive and 12th Street, featuring an
orchestra performance by the Miami Beach Classica� Music Festival; and
WHEREAS, as part of its partnership, the City af Miami Beach provides special
event sponsorship tn the ODA in the amount of $50,000 in matching funds for fireworks
disp{ays for independence Day an� New Year's Eve; and
WHEREAS, on October 30, 2024, the Mayor and C+ty Commission advpted an
amendment to the Turtle Nesting Protectian Qrdinance 1Vo. 2�24-4652, which restricts
fireworks displays on the beachfront during turtle nesting season but permits displays
from afFshore barges; and
WHEREAS, the ODA has indicated that securing an offshore barge for the July 4,
2025, fireworks display is cost prohibitive and has requested that the City fund the
remaining $50,OOQ necessary to cover the cast of the barge and fireworks activation; and
WHEREAS, the aDA has submitted a fully executed agreement with Explosi�e
Touch Enterprises, a flreworks vendor, detailing a total cost of$10�,000 for the fireworks
display and offshore barge; and
WHEREAS, the Administration recommends a one-time specia)event sponsorship
in an amount of up to $50,000 to support the Qcean Drive Association's offshore barge
fireworks display for Independence Day 2025, with future funding requests to be
considered during the FY2026 budget process.
NOW, THEREFORE, BE IT DULY RES4LVED BY THE MAYDR AND CITY
COMMISSIOM OF THE CITY OF MIAMI BEACH, FLIJRIDA, that tt�e Mayor and City
Commissivn hereby approve a one-time additional special eve�t sponsorship far the
Ocean Drive Association July 4, 2025, event fireworks display funding gap in an amount
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up to $SQ,000; and further authorizing the City Manager and City Clerk to execute the
sponsorship agreement related to the approved funding.
PASSED and ADOPTED this a[day of 1�`� , 2025.
ATTEST:
-
MaY z 7 20�� --
/ even Meiner, Mayor
Rafael E. Granado, City Clerk
-'-�'nti e'�y��e'��,
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,
'ItiCO�P ORh1fD'
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,�' ..;;a=
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�,�CH,2
APPR�VED AS 70
FORM�tANGUAG�
8�FOR EXECUTiON
s��.�I�
Aitomey� Dats
2
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Resofutions -C7 Q
11�I ANI l B EA�H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the Ciry Commission
FROM; Eric Carpenter, City Manager
DATE: May 21, 2025
71TLE: A R�SOLUTIQN OF THE MAYOR AND C1TY CQMMfS510N O� THE C1TY OF
M1AM1 BEACH, FLORIDA, APPROVING A ONE-TIME ADDITIONA� SPECIAL
EVENT SPONSORSHIR FOR THE OCEAN DRIVE ASSOCIATfON JULY 4, 2025,
EVEN7 FIREWORKS �ISPLAY FUNDING GAP IN AN AMC)UNT UP TO $50,QQ0;
AND FURTHER AUTHORIZING THE CITY MANAGER AND C�TY CLERK TQ
EXECUTE THE SPONSORSHIP AGREEMENT RELATED TO THE APPROVED
FUNDING.
REC�MMENDATlON
The Administration remains committed to the continued partnership with Ocean Drive
Association's annuai fireworks activations during independence Day and reca�nmends a one-time
special e�ent sponsorship �unding far fhe offshore barge fireworks far the 2025 Ucean Drive
Independence Day firewarks activat+an.
6ACKGROUNDIHISTURY
Far over a decade, the Ocean Drive Assaciation {ODA), in partnership with the City of Miami
Beach, has hosted its annual Independence Day fireworks on the Lummus Park beachfront. 1n
the last few years, the ODA added an additional e{emeni to the Independence Day fireworks
celebration with a patriotic concert on Ocean Drive ancf �2 Street,w+th an orchestra performance
by the Miami Beach Glassicaf Music Festival.
As part of the pa�tnership, the City provides special event sponsorship io the ODA in the amount
of$50,000 in matching funds for fireworks displays for Independence Day and New Year's Eve.
ANALYSiS
On September 6, 2006, the City Commission adapted the City's TuRle Nesting Protection
�rdinance No. 2006-3525 ta create a frarnework far ti�e City to protect native sea turtles by
minimizing beachtront lighting. Artificial night-t€me lighting directly affects and diso�ients adult sea
turtles and hatchl;ngs result'rng in losses in tuRle popuiations. The sea turtle nesting season is
from Apri! 1 through October 31 in the City of Miami Beach_ Each ysar, the City refines its
proce�ures to prepare for the upcoming nesting season.
fn Fall of 2024, the Environment and Sus#ainability department launched the "Flip the Switch"
carnpaign to increase awareness and compfiance of turtle-friendly lighting and reduce the
damaging etfe�ts of artificial light on sea turtles_
an Oct�be� 30, 2b24, the Mayor and City Commissian adopted an amendment to the Turtle
Nesting Pratection Qrdinance No. 2024�652 {Exhibit A) ta further reduce the damaging impacts
of artificial light on the native sea turtle population by integrating Florida Fish and Wildlife
Conservatio� Commission recommendations. Among the recommendations to the Ordinance,
786 of 2719
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Sec. 46-2Q3. Prohib+ted activities disrupti�e to marine turtles were arr�ended to allow fireworks
display during tu�tle season only occurnng fram offshore barges as clepicted below�
5ec. 46- Z03. Frohibited acti�ities disruptive ta marine turtles. a) fProhibited generally.] The
ftillawing activities invalving direct illuminat�on of portions of the beach are p�ohibited on the beach
at nighttime dunng the nestiRg season for the protection of nesting marine turtle femafes, nests
and haichiings; 1) The operation of al{ motorized vehic�es, except emergency and Isw
enf�rcement, or beach maintenance �ehicles or those permi4ted an the t�each for marine turtles'
consenration and! or research. Whenever possibte, authorized �ehicles used on tfie heach at
night shall haue red or amber filters covering the headlights. 2} The building of campfires or
bonfires. 3) Firewo�ks dispiays, except thnse that occur from offshore barges that ha�e a permit
f�om the Fire Depa�tment and City special event permits and a �lorida Department of
Environmental Protection(" DEP")permit or exemption.
On April 17, 2025, the Ocean Drive Association (ODA) sent a ietter ko the City Manager (Exhibit
Bj stating their awareness of the Ordinance precluding fireworks on the beachfroni during turtle
nesting season; only f�reworks an barges would be approved. The ODA shared that securing an
offshore barge would be cost prohibitive and asked if the City would fund the full cost of the
fireworks activation.
In addition, the ODA shared a fuily executed agreement from Explosive Touch Enterprfses
{Exhibit C)a fireworks vendor which includes the cost of an offshore barge in the tofal amaunt of
$1 Q0,�00.
ODA Offshore Barqe Firewarks Cast:
Fireworks Dis�lay& Barge $i40,OQ0
Less Current City Sponsarshfp $ 25,000
Less ODA Matching Funds 25 0
Variance $ 50,000
FISCAL IMPACT STATEMENl'
Additional special event one time sponsorsf�ip for the Ocean Drive Association's 2U25
IndepEndence Day Fireworics Display in an amount of up ta $50,OOU. Future requests must be
vetted through the FY2026 capital budget prvicess.
Does this O�dinance reauire a Business Imaact Estimate7
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BiE)was puWished an:
See BIE at: httas:/lwww.miamibeachfl.qovlcitv-haHlcitv-clerklmeetin4-noticesl
FINANCIAL INFORMAT40N
CONCLUSION
The Administration rernains carrtmitted to the continued partnership with �cean Drive
Association's annual fireworks acti�ations during Independence Day arxl recommends a one-time
special event sponsorship funding in an �mount up to$50,�Q0, inckuding the offshore ba�ge, for
the 2025 Qcean Drive Independence Day fireworks activation. Any funding far future fireworlcs
787 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
displays that require barges must be separately requested and discussed during t�e 2026 budget
process.
A plicable Area
5outh Beach
Is this a "Residents Riqht ta Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Sectian 2-'477 Protiect?
No No
Was this Aqenda Item initiallv requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a princiaal enAaqed in lobbyinq? No
If so, specify the name of lobby;st{s)and principal(s):
Department
Tourism and Culture
S�onsor(s1
Co-sponsor(s)
Condensed Title
Approve Addikional Sponsarship for Ocean Orive Assoc�ation July 4 Fireworks Fur�ding Gap. TC
P�e�ious Action (For City Cierk Use �nlv)
788 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
ORDtNANCE NO. 2424-4652
AN OROINANCE OF THE MAYOR ANO C[TY COMMISSION OF THE
CiN Of MiAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAiUfI BEACH CITY C�DE', ENTiTLED "ENVIRONMlENT," BY
AMENDING ARTICLE V, ENTITLED "TURTLF NESTlNG PROTECTfON
ORDfNANCE," BY AMENDiNG SECTIONS 46-202, AND 46-203
THEREQF TO STRENGTHEN AND CLARIFY TH� PROVISIONS OF TH�
EXISTING ORDINANC� AND INCLUDE RECOMMENDED
MODIftCAT10NS BY THE FLORIDA FISH AND WILDLIFE
CONSERVATI�N COMMISSIQN ("FWC"); AND, PRUVIDiNG FOR
REPEaLER, SEVERABfI.fTY, CODlFICATI�N AND AN Ef�ECTiVE
DATE.
WHEREAS, the beach along the Atlantic Ocean, within the boundaries af the City
of Miami Beach, [s utilized by federafly and siate protecte� sea furtles for nesting; and
WHEREAS, sea turtle nesting season in the State of Florida occUrs between May
1 and October 31; however, sea tuRle nesting begins on Aprif 1st in the C�ty of Miami
Beach to account for the eariier Leathefback nesting season; and
WHEREAS, artificial night-tirne lighting directty affects and disorients adult sea
turtles and hatchlings resutting in tvsses in turtle populations; and
WHEREAS, 1n 2006, the CiEy Gommission passed and adopted the Cit�s Turtle
Nesting Protection Ordinance No. 2�06-3525, set forth in Chapter 46 of the City Cade;
ar�d
WHEREAS, the Qr�dinance created a trarnework for the City to protect native sea
turtles by rninimizing beachfronl lighting and reducing the impact on the native popufatian,
and
WHEREAS, the Miami-Dade County Sea Turtle Conservation Program surveys
over nineteen (19) miles of beaches d�i� from March to October inclusive of hatched
nests inventories and documentation of hatchling disorientatior�s; and
WHEREAS, h+gh dens�ties of disorientation due to misdirected and aRific�al lightirtg
were documented within South, Mid, and North Beach in 2d22 and 2023; and
YYHEREAS, the amendments to the existing ardmance are proposed to further
reduce the damaging impacts of artificial light on sea turtles and be consistent with the
Florida Fish and Wildlife Conservation Commission s("FWC"} recommendations; and
WHEREAS, the amendments include amend�ng, clar�fying, and expanding the
definitions in Section 46-202 for consistency with FWC recommendations; and
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
WHEREAS, the amendments inciude modifying the prohibitive activities disruptive
to manne tur#les in Section 46-20 fo�consistency with FWC recommendations; and
WHEREAS, the amendments include removing the "exceeding 5Q% of the value
af the structure" threst�old for renovations to cornpiy with lighting standards for new
development; and
WHEREAS, the arnendments include modify�ng the lighting standards for new ar►d
ex�sting development to apply ta lighting within line of sight of the beach, not just lighting
east of the Coastal Construction Control Line (CCCI.); and
WHEREAS, the amendments include lighting requirement options for exist�ng
interiar Hghts for hotel and commer�cia! properties (non-res�dential} that are visible from
the beach ar�d modify lighting standar+ds.
WHEREAS, the amendments set forth below are necessary to accomplish the
aba�e objectives.
NOW THEREFORE, BE IT ORDAiNED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMi BEACH, FLORIDA,
SECTION 1. Article V of Chapter 46 of ihe City Code, entitled ''Turtle Nesting Pratectian
Ordinance," is he�eby amendec� as follows:
CHAP7ER 46
ENVERONMENT
. . .
Article V. Turtie Nesting Protection Ordinance
Sec. 46-201. Purpose and Intent.
The purpose of this article is ta �educe the impacts of a�tificial coastal lighling on
th�eatened and enda�gered sea turtles that nest on the beaches of Miami Beach by
restncting artific�al lighiing and other activities that disoneni turtle h8tCh111195, causing
them to crawl toward land rather than toward the ocean. Th�s art�c(e is inEended to pro�ide
overall improvements in nesting hab;tat degraded by light poifutian, and increase
successfui nesting activity and production of hatchlings. The festrictians and consiraints
af this article shall be effective within the incorporated areas of Miami Beach and apply ta
any coastal I�ghting or other activity that has pote�tial to adversely impact sea turtles
w�thin City limits.
2
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
S@C. 46-202. �f f11tIOfIS.
Artrfrcia!ligirt means any poini source of light emanating from a dev�ce made by humans,
including but not lirrzited to incandescent mercury v�por, metal halide, sodium lamps,
ftuorescent, flashlights, spotlights, streetlfghts, vehicular lights, construction I�ghts,
secunty lights, cell hones Flash hot ra h bonfires, or any light emanating from any
reflective surface of the device.
8each means that area of unconsol�dated matenaf that extends landward from the mean
iow-water line of the Atlantic Ocean, to the place where there is a marked change in
matenal or physiographic forrn, o�to the line of permanent vegetation.
8t�g�e-��aea��ac�--yelle�
Coasta!construction activities mean any work or activity that is likely to have a material
physical effect on existing coastal conditions or natural shore and in4et processes.
Coastal Cor�struction Conba! line (CCCL) means the line established by the State of
Florida pursuant to section 161.053, Ffonda Statutes, and filed in the public records of the
county,wh�ch defines that portion of the beach dune system subject to severe fluctuatians
based on a t00-year starm surge, st�rrn waves or other preciictable weather conditions.
Counry means Miami-Dade County.
Cumulatively �a�a� visib/e rneans illuminated by Rumerous artificial light sources
that as a group are direc� or indi�ctl visibie to an observer standin an here on
the beach.
Beachwafk means the serpent�ne path located ad'ace�t to the AtSantic ocean and west of
the dune system.
Directly�ated visible means � visibilit of the glowing elements,
lamps, globes, or feflectors of an artficiai light source b an obsen�e� stand+n t1aa��s
on tY�e beach.
Dune means a mound or ridge of loose sediments, usually sand-sized, fying landward Of
t�e beach and deposited by any naturak or artificial mechanism.
F.A.C. msans the Flonda Administrative Code.
Filmed glass means w��eu�glass that has been covered with a film such that the material
has a shading coefficier�t that meets orexceeds the re uirements in the F.A.C. Rule 626-
55.004 e�-#e�Ey-€we- , adhesive as an integral part, and has
performance claims that are suppo�ted by appro�ecf testi�g proce�ures antl
documentation.
3
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
Floodlight means a reflector-type light fixture that may be attached directly to a bu�lding,
other structu�e, or free-standing, and is unshielded.
Frontal dune means the first natural or artifrciai mound or bluff of sand that is located
landward of the beach and that has su�fcient vegetation, height, continuity and
configuration to offer protective value.
Ground-leve! barrrer means any vegetation, natural feature or artificial structure rising
from the ground that prevents beachfront lighting from shining directfy onto the beach-
dune system.
Hatchling means any species of marine turtie, within or outsfde of a nest, which has
recently hatched from an egg.
�ndirectly iN�a�e�f vrsible means �e� reflected light as a result af g4owing
elements, lamps, globes, or reflectors of an artificial iight source �a� wh+ch is c� visible
to an observer standinq anywhere on the beach without the {iqht source beinq directly
visible.
L.onq wavele»gth liqhf source means liqht bulbs_or diodes that produce liaht that
measures qreate�than 560 nanometers and absent wavelengths below 560 nanometers
on a s�ectroscope,which include low-pressure sodium vapor, true red neon, red,oran�
or amber liqht-emittinq diode (LED� or other liqhtinq sources that Rroduce light that
measures greate�than 560 nanometers and absent wavelenqths below 560 nanometers.
Low-profile luminaine means a light fixture set on a base that raises the source of light no
higher than forty-eigt�t (48) inches off the ground, and designed in such a way that light
is directed dow�ward from a hooded light saurce.
Marine turtle means any marine-dwell�ng reptile of the families Cheloniidae or
Dermochelyidae found in Florida waters or using the beach as a nesting hab+tat, inc4ud�ng
the species: Caretta caretta (loggerhead), Chelania mydas (green}, Dermochelys
coriacea (featherback), Eretmachelys imbncata (hawksbiN), and Lep�dochelys kempi
(Kemp's ridleyl. For purposes ot this section, manne turtle is synonymous with sea tu�tle.
Minimized means a combination of Low-Shieldeci-Long light sources includin�fixtures
beinq mounted as low as passible �sinq the iowest wattaqe necessarY __Completely
downward directed and shielded installingfewer fixtures usi�a long wavelenqth }ight
source, and using anlv if needed for safetv.
Nest means an area where marine turlle eggs have been naturally deposited or
subsequently relocated.
Nesfmg season means the penod from April '� through October 31 of each year.
4
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
lVew devalopment means new construction and remodeiinq of existinq structures when
�uch remodelina includes afteratian of exterior liqh#in anti qlass such as windows
railinqs, balConies, and doors.
Nighttrme means the time period between sunset and sunrise within the city limits of
Miam� Beach.
Person means Individuals, firms, assaciations, joint ventures, partnerships, estates,
trusis, syndicates, fiduciaries, corporatians, and ail other groups or combinations.
PaJe lighfing means a light fixture set pn a base or pole that raises the source of the lighi
higher than forty-eight(48y inches off the ground.
Roof toA advertisinq sic�,n means an autdoor advertising dispfay that is mounted on the
top of a buildina's roof.
Solar srxeens mean screens that are fixed installations and permanently project shade
over the entire area of glass a�e�o��v+►+c�ew. 7he screens must be installed on the
outside of the glass and must have a shading coefficient that meets or exceeds the
requirements in the F.A.C. Rufe 628-55.004 a� it mav be amended. e�-€�c��r-�ve-f4��
pe�se�t-�less and have performance cfaims supported by appro�ed test+ng procedures
and documentatfon.
Tinfed glass means any glass treated to achieve an industry-appro�ed �nside-to-outside
light transmittal vaiue that meets or exceeds the re uirements in the F.A.C. Rule 628-
55.044 _ a��_�mens�� . Such transmittance is
limited to the visible s�ctrum {four hundred (400) to seven hundre� {T00} nanorneters)
and is measured as the percentage of fight that is transmitted through the glass.
Sec. 45-203. Prohibited activfUes disruptive to rnarine turtles.
(a) (Prohibited generally.JThe following activities � � s
e#-�p��eask�are prohibited on the beach at nighttime dunng the nesting season far ths
protection of r�esting marine turtle fema{es, nesis and hatchlings:
(1} The opetation of all motorized vehicles, except emergency and iaw
enforcement, or beach maintenance vehicles or those permitted on the beach
for manne tu�t{es canservation and/or research When�ver possible,
authorized vehicles used on the beach at niqht shal! have red or amber filters
covennq the headliqhts.
(2) The building of campfires or bonfires.
(3) �ireworks displays, except those that occu�fmm offshore ba es that have a
pe►mit from the Fire Department and ' a� a Fbrida
Department of Environmental Protection ("DEP") permit or exemption.
b O ratron of mo#orized vehrcles. Durin nestin season the o eration of al1
motonzed �ehicles, except eme enc and law enforcement beach maintenance
5
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
vehicles c�ncession�ire veh�cles that have a Beachfronl Concession Permit, or_those
perrnitted on f�e beach for manne turtles cansenration andlor research, shafl be
rop hibited on the beacf� unless authorized andl���oRed bY the Grtv of Miami Beach
Police De�artment AdditionalEv after sunr;se the operation af authonzed motorized
vehicles must wait untif Miarni-Dade County has conducted its moming sea turtle nestin9
survev,
(�c] Spec�a! evenfs. Spec+a� events taking place an the beach cluring nesting season
#hat may have lighting needs shall require a permit or exem tian from the ��anda
Department of EnvironmentaM Protection_ Additionall an li htln associated with a
sqecial event cannot be visible from the beach after 9:00 p.m. Any authorized liqhtinq
must be low watta e lon waveke th !i ht source shielded and directed awa from fhe
beach.
�� Lighting standards for new development. It is the policy of the City of Miami Beach
that no a�tificial light shall be directly, indirectly, or cumulativel�isible from�iaa�e any
area of the beach. The foflowing applias to lighting w�thin line-nf-siqht of the beach that
�ifle-�ef��+�g--t#� �ifes�lY
+1�a+t�aies-t#�e--�eas#�a+�d interferes with turtle nesting. To meet this intent, all public and
private prope�ties and uses involving new se�s�ie+a development,
o , within
lin�-of-sight of the beach � shall comply with the falbwing:�
(1) Extenor artificial light fixtures shall be designed and positioned sa that the
point source of light ar any reflective surface a#�►e-1�e is not directly,
indirectly, orcumukativ�visible from the beach;
(2) Exte�ior artEficial light fixtures within direci line-of-sight of the beach shail be
campletely shielded downlight only fixtures, or recessed fixtures haviRg fow
wattage ionq wavefength light source �. ., " "
wa�e�-less� and non-reflective interior su�faces. Other f�ctures that have
appropriate shields, lau�ers �r cut-aff features may alsa be used if in
compliance with the requirements of subsection (1) of this section.
(3} All fixtures shaif be mounted as low in elevation as possible thraugh use of
Iow-mounted wa[1 fixtures, wap fixtures fitted with hoods, low boflards s, t�
li hts ath li hts aver li hts and grouncf-level fixtures, so that no light is
di�ectiy indirectiv, or cumulatively visible from the beach of�+lk+�n+�a4es-�#e
�
(4) F{oodlights, upward-oriented lights, spotlights or search IigF�ts for�ecorative
and accent purposes, or used as security lights, are prohib�ted if they woutd
be directly indirectfy, or cumula6veEy visibEe from the beach-�we�ld
icu�+r�tiy-0r cum� -
(5) Exterior lights used expressly for safety or security pur{�oses shall be limited
to the minimum number minimum wattage, and configuratian required to
achieve the safety and security function in compliance w+th the provisions
af Crime Prevention Through Environmenta! Design (CPTED). Motion
6
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
detectors shauld be employed to keep lights aff except when approache�,
�nd such motion detectors should switch lights on for the minimum du�atson
possible.
(6) Pvle lights, if used, shall be fitted with lon wavelen th li ht saurces and
shal! be shiefded in such a manner that light will be contained primarily
withirt the area that is landward of the pole, and light shafl nat be directly,
indirectiv, or cumulati�ely visible from tt►e beach.
(7) l.ights on balcanies includin ste li hts that serve as ress areas from
buildinc� and on catwalks, step lights within line-of-sight of Ehe beach #asi��
t#�e�ea� shall 4e limited to: low profile luminaries fitted with lonq
wavelength liqht so�sroes and positioned so that no light i�i�aEe�ef is
directly, indirectiy, a� cumulativel visible from the beack�-�al��
(8) Tinted or filmed glass shall be instalked on all I_q_ass wlndows, walls,
balconies elevator shafts stainnrells railin s and�ass doors of s�g4�a�d
�i-ste� all structures facing ar within line-of-sight of the beach. �e
5olar screens can be substituted for ihis requirement.
(9) Parking areas and structures shall be �esigned and lacated to prevent
vehicular headlights from betn directly��indirectly or cumulatively v�sible
from�the beach_ Parking area and parking structure lighting shall
be shielded from the beach through tt�e use of shields that direct light away
from the beach, and ground-le�el bamers designed in conformance to the
CPTED p�incipals. Such ground-le�e!barriers shail not interfere with marine
turtle nesting o�hatchiing ernergence and shaA not cause short or long-term
damage to the beach/dune system. Entrances and exits ta parking
structures shall not face the ocean. Surfaces of parking areas shal! not
contain ground glass or other reflecti�e material.
(10}Lighting pro�ided for any outdoor recreational feature on or abutting the
beach (such as tennis court, swirnming pool, etc.) shall utilize low maunted
fixtures such as boifar�ds and path liqhts be {ong wa�el_e�h anlY_light
sources, and be shiekied to prevent light from bein directly�-� indirectly,
or cumulativelv visible fram }�aE+�the beach.
(11}Dune crosswalks, ff lighted. shall utilize low profile shielded kuminaries fitted
with long waveienqth light sources and_onlv be used landward of the crest
of the dune or beachwa{k� no li hts are authorized seaward of the dune
crest or beachwalk.
{12)No roof top advertising sig� that is illuminated in any fashion shalk be
permitted. All illuminated siqnage should be sited_on the iandward side ot
the structure and mounted such that it is not within line of si ht of the beach.
Illuminated siqn�pe should use low watta e fon wavelen th onl light
sources that are downwarcf di�ected and full shielded.
(13}Temparary security f�ghts at constn�ction sites shall r�4t be rrzounted more
than fiftesn (15}feet above the ground. lEluminatian from the lights shall be
the minimum necessary to assure security, shall not spread beyand the
7
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
boundary of the praperty being developed, shail be directed awav fr�m the
beach, and in no case shall such lights be di�ectiy��ndi�ectiv,or cumulativelY
visibls from ��a�e the beach.
(�(el Lighting sfandards for new developmenf that has already been permitted. The
provisians of subsection u (�} of this section shall not apply to any strucfure for which
the City of Miami 8each 8ui4ding DepaRment has issued a building permit pnor to the
effective date of this division. Such structures shall be govemed by the provisions of
subsection �f 4e}af this ssction.
� Ex ri Lighting sfandards for existing development_ It is the policy of the City of
Miami Beach that no aRifcial cZutdoor light, shall be directiv, indirectiy, o� cumulatively
visible from �i�a�e any area of the beach. To mest ttiis intent, �.p� lighting ot
existing structures, within line-of-siqht of
�-the beach, shall be in compliance with the follawing:
(1) Withm six (6} months of the effective date of this article, existing artificial light fixtures
shai[ be repositioned, modified, or remaved sa that the point source of fiQht or anv
reflective surface is not directly, indirectly or cumufativelv visible from the beach.=
�
(2) Withln one (1) year of the effecfive date of this articie, the folMawmg measures shall
be taken to reduce or eliminate the negalive effects of existing extenor aRificiai
lighting:
a. Reposit►on fixtures so that the paint sour�ce ot light or any reflective
surface a��e��e is no Ionger directly irzdirectly, or cumulat�vely
�isible from the beach;
b. Repface fixtures having an exposed light source with fixtures containing
r�ecessed light sources or shields=;
c. Replace traditional fight bulhs with bw watta e lon wavelen th li ht
sources .
d. Replace non-diredional fixtures w+t�directional fixtures that point down
and away from the beach;
e. Replace fixtures having transparent or transEucent coverings with
fixtures having opaque shields co�ering an arc of at Eeast 180 degrees
and extending an appropriate distanCe below the l�ottom edge of the
fixture on the seaward side so that the light source or any reflective
sur�ace �e�--�t--fixE�re is not directl indirectl or cumulativel
visible from the beach;
f. Replace pole lamps that are directiy or indirectl�visible frvm the beach
with low-prohie, low-level luminaries fitted with I wavelen th li ht
sources or add shieldinq so that the light source or any reflective
8
Docusign Envelope ID:47054EFC-A65E�302-A8F8-3F8966CEA3A3
surface e#-t#�����e is not directlY. indirectEY, or cumulativelY
visible from the beach;. Ef the use of Iow-level luminanes is not feasib}e,
pofe lamps shall be fitted with lo� wavelength light sources and s�all
be shielded �n such a manner that liaht shall be contained pnmarily
within the area that is landward of the pole, and liqht shall not be
directly, indirect�y�,,,ar cumulativel visible from the beach�
g. Replace incandescent, florescent, and high intensity lighting with the
lowest wattage iong wavelength I�ght sources
�i�t++�g possibie for the specific application;
h. Plan or improve vegetation bufFers between the iight source and the beach
to screen light from the beach;
i. Construct a ground level barrier to shield light sources from the beach.
Ground-leveE barriers must not interfere with marine turtie nesting or
hatchling emergence, or cause shart- or Iong-tertn damage to the
beach/dune system;
j. Permanently remove or permanently disable any fixture that cannot be
brought into compEiance with the provisions of these standards.
(g)!n rior liqhtina sta� f � t� 'c Qf the city
of m+ami bea�h tQsecluce the neaative effects of mterior liah in vi�ble from
�t�e beach. Ta meet this intent. the foliaw�na ndard shall an�lv tQ int�a��
��h i existina stnrct�res within line-of-si4ht of he beach:
(1�Within oneyear of the effective date of this artic{e, one ar more of the foHowinq
measur�es shall_be taken �tr ha�eis an��p�nmercial oro�erties to reduce or eiiminaie
the neqative effecis of existinQ intenor artificial liqht sourc,es that are directly�
indirectl , or cumulatively visik�{e�rom the beach.
a. Applv winc3aw tint film that meets the liqht transmittance standards for
tinted�ss�nd/or:
b. Rearran e {am s and other moveabke fixtures awa from windows
c. Use opaque shades or roam darkeninq window treatments (e.q. blirtds1
curtains screens�to shief� interior light from the beach.
(2� Re�idential_�ro�ert'r_e�,an.d muki-famj� ro erties _ r o re�uce,
minirrriz� or elimin�g�� riea��ive e�,�j, o5�f existina interior artificial liaht_�purG�s
v_�ibEe from.the���h a�hSlu7�e throuQh ttte foLLQ►Kirlg r�r1Q���dt��;
a. Tum off or dim al{ unnecessanr iahts andlor.
b. A�o[v_win�w tint film fhat meets the liaht transm�_�L�n�ards_for
tln i�l��� andlg_r,
c. Re�rr nae lamos and other mo�c�able fixtures awav frQm windows _r�__1�
d. a h r .�blinds
curtains sCr'een��io shield intenor li t�fom the beach
9
Docusign Envelope ID:47054EFC-A65E-4302-ASF8-3F89B6CEA3A3
{�3�.�� Commerc�al signage facing the ocean or in tfie tine-of-sight of the beach, except
building identfication signs, shail not be iiluminated durirtg the hours of 9pm - 7am of
nesting seasan within eighteen {18) months of the effect�ve date of this art+cle.
Buildinq identifcation siqns w►thin Iine-of-siqht of the beach shall uiilize low wattaoe
lonp wavelenqth light saurces.
(�}�4 Buiidings Iocated alang Ocean Dnve that are east of the CCCL line are ailowed to
maintain current outdaor lighting. Additional special event spotlights ar lighting during
turtle season should be minimrzed after 9pm and/or directed away from the beach.
When conducting renovations, buildings are encourageci to replace Neon lighting with
true red or amber LED lighting.
(#�hj Publicly owned lighting. Street lights, existing lighting at parks, publicly owned
parking faciliEies and publicly owned waikways shall be subject to the following:
(1} Sbeetl�ghts. Street lights installsd aRer the effective date of ihis ordinance
shali either be located so that t�e bulk of illuminatio� wil! travel away from the
beach, and shielding is used to prevent light from beina directly, indirectiv or
cumuiatively_visible from +��the beach, or shal� be iow profile
iuminaries. Street lights existing pnor to the effective date of this o�siinance
shall be eg�ippeci with shields that prevent l�ght from beinq direCtly, indirectly
o�cumulatively v�sibte � #��
sM���ed�se-�isi�y from the beach.
(2) �.ighting at parks, publicly owned parkrng facilities and publrcly owned
walkways shall be shieided ar shaded during nighttime hours of nesting
season so that such light�ng is not directiv, indirectly�or cumulativelv v�sible
from the �eas#���ik�- .
Such shielding or shading shall not create a CPTED problem or safety hazard
(or pedestrians,
. , .
Sec.4�204. Enfarcement and Penalties.
Violat�on of the provisions of this aRicle or failure tn comply with any of its requinements
shall constitute an offense enforceabie pursuant to tt�e enforcement prvvisions of Section
�-14 and Chapter 30 of this Code. When it has been determined that a violation has
occurred, notice of the violation and an opportuniry fo� a hearing shall be served on the
property owner. Qther person or persons responsible far lighting ar management of the
praperty may also be serv�d w�th notice if determined appropriate by the City
admsnistration. Upon refusaf, faiture or neglect vf the persan or {�ersons serveci wfth a
notice af violation to cure the vialation with ten (10) days of s� notice, or when the
violator or the vialator's�epresentatives do not appear at the hearing granted pursuant to
this Code or as otherwise provided by law, or when an order finding a v�olation is entered
against the violator, the enforcing agency shall notify the praperty awner, in writing, that
an extemal lighting saurce causing the violation may be rerr�oved by the City within ten
(10} business days thereafter. Altematively, or in addition, at the discretion of the City
administration, a daily fine may be assessed against the violator, with such fine to begin
10
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
ta be assesseci within len (10) business days thereafter, and ta be continuously assessed
until tfie conclusion of nesting season or until the vialation is corrected. Costs incurreci by
the City assacrated with the removai by the City of extemal lighting sources causing
violations shall be recovered from the property awner, ar such person or persons causing
the violation, anc1, if not recovered frdm the person or persons, shall be placed as a iien
againsi the property and reimbursed to the City at time of sale of the property.
« . «
5ECTION 2. REPEAL�R.
All ordinances ar parts �f ordinances and alf sections and parts of sections in conflict
herewith are hereby repealed.
SFCTiQN 3. CODIFICATlON.
It is the intention of the City Commission, and it js hereby ordained that the provisions of
this ordinance shall become and be made part ot the Code of the City of Miami Beach as
amended; that the sectsa�s af this ardinance may be renumbered or reiettered to
accomp�ish such intention; and that the word "ordinance" may be changed to'section"or
other appropriate word.
SECTION 4. SEVERAB{LITY.
If any section, subsection, clause or �rovision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTI4N 5. EFFECTIVE DATE.
This Ordinance shall take e(fect ten days follawing adopt�on.
This Ordinance shali take effect on the __p _ day of�bP�. r , 202A.
PASS�D AND ADOPTED this .� �day of dC.�dP✓ __ _� , 2024.
ATi'EST:
.
� �d� � 5 2924 ven Nteiner, llAayor
Rafael E. Granado, City C1erk .�ti:;s
:•�,. �. ..E:;�,
Underfine denotes additions _:�`���_,�ti
Sk+��denotes deletions , .,-4.:�....
Double under�ine denates ad�itians on second reading ;�":L�'t-+}���
��denotes deletions on seco�nd read+ng qpP{�OVED AS TO �'•'N
Q��_^ '
FQRM 8 LANGUAGE '�'�'�,1.`' .
(Sponsored by Camrnissioner David 5uarez) &FOR EXECUTfON
(o I z (�
11 ."'y � °w'
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
Ord+nances -R5 G
N� I A�II I B EAC H
COMMiSSION MEMORANDUM
�'O Hanorabfe Mayor ann Members of the C�ty Commission
FROM Enc Carpenter, City Manager
DATE October 30, 202� 10 35 a m Second Reading Publ�c Hearmg
TITLE TURTLE NESTING PROTEC7iON Ab1EfVDMENT
AN �RDiNANCE OF THE MAYOR AND CITY COMMISSIC.�N OF 7HE CIT`! OF
MIAM1 BEACH, FLORIDA, AME1VDIiVG CHAP7ER 46 OF 7NE MIAiVfI SEACH CITY
CODE. ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE V, ENTITLED
'TURTLE NESTING PR�TECTlON ORDINAfVCE,' BY AMENDING SECTIONS 46-
2fl2, AND 46-203 THERE�F TO STRENGTHEN AND CLARkFY THE PROVISi�NS
OF TNE EXISTING ORDINANCE AND INCLUQE RECOMME*iDED
MODIFICATIONS BY THE F��RIDA FISN AND WILpLIFE CON5ERVATION
COMMISSION {"�WC"j; AND, PROVIDING FOR REPEALEf�, SEVERABILIT`f,
CODIFiGATION ANU AN EFFECTIVE DATE
RECOMMENDATION
The Admin�strat�on recommer,ds that the Maya�and C�ty Commission adopt the sub�ect ordinance
at Second Reading publ�c nearing set for October 3G. 202A
BACKGROUNDIHiST�RY
On September 6, 2006, Ordinance No 2�06-3525 vras adopted to protect the naUve sea turtle
papulabon by mmimiz�ng beachfront IighUng to reduce the negative irnpact on nestsng and
hatcniing sea turties,
On September 11. 2024, the Mayor and City Commiss�on approved tt�e �rd�nance amendment
on First Read�ng to strengthen and clar}fy the prov�s�ons oi ihe ord�nance passed rn 2006 and
;nclude recommended modifications by the �fanda F�sh and W}Idl�fe GonservaUon Commiss,on
(FWC) �unng the �terr� discussron, the C.ty Comrniss�on requesfed the i�tenor exiSUng artiftciai
I�ght�ng requirement proposed �n the amendments apply cnly ta hotels ancf commertial properties
and not appty to residential �roperties In addrtion, it was recommended to �nctude language
regarding educaUon a�d encourag�ng res�denis to adopt sea turtle-friendly IighUng praci+ces The
, , changes are mCludeC in the Second Read�nr of the Ord�nance +
ANALYSIS
5ea T;,rtles are protected by the US Endangered Species Ac!of 1973 and Flor�da Statute Ghapcer
370 !t+s �llega! to I�arm or harass sea turtles, the,r nests, or haichGngs Tt�e C+ty of M,am� Beach
is a nesting hab�ta! for three spec�es af protected sea tu�tfes toggerheaci, Green, and
Lea!herback sea tu�tles-The handl�ng ot turties anU nests is regu�aled by the state agency,Flonda
F�sr� and vV�ldi�fe Conser�at�on Cornmiss�an �FINCj Sea turtle nesting season m the State ot
Flo��da occurs between May � and October 31, however, sea turtle nesting beg�ns ar Apni 1st in
the C�'y oi MT:amr Sea�h te account far the earfier teat�erGack rtestmg season
On beaches where artificiai '�ghting �s v�s�bte, femafes may be dcterred from nesting and the
ha£chi�ngs journey ta the sea can be d�sruptecf as they can becon�e�isorfentecf, causmg them to
Page 884 of 2497
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crawl away from trie ocean and toward the a�tifiaat light Haichlmgs a�e attracted to the bnghtest
source of 4ight,whrch on an unlit beach tvould be the reflection af the moon off the sur! Beachirant
• 4ighting has been documented to nagatively affect nesting females and ofien results in reduceQ
or abnormal nesti�g activity Visible Gght saurces and tne reflection of�giow" resulting from the
cumulaU�e etfects of coastal lights coRtnbute to this pfoblem_
The C�ry of!Uliami Beach is ded�cated to the cor,servation and preseivation af its naturat resources
and works with many stakeholders +n advanca of and through Sea 7urtfe Nesting Season as
deta,led �n LTC M1fo 020-2024 The �nvironment a�d SuStamabiliry Deparlment is also
implementing �lip the Sw�tch, a commurticafions campaign funded through a campefitively
awarded 5ea Turtle Conservancy grant.
The M�ami-Dade County 5ea Turtle Gonservation Program works undef a h4anne Turtle Permi4
issued by FWC to survey over nineteen {19) m+les of beaches from Ma�ch to October The
surveys begin at 5unrise every marrnng dunr�g sea turtle nest,ng season which�nclude dedicated
County staf4 identity�ng, marking oR, ar�d where appNCable, relocating nests No beach activ�t�es
(beach maintenance operations, sand sifting, litte�coflect�on, concess�onaire operations, speaai
events, etc ) can beg�n befare the dally survey �s completed and County staff gives the
authonzatron ta begin acf�vities on the beach They a4so inventory hatched nests and dacument
hatchling disor�entat�ons Accordmg to the County, higtt densities of disonentalion due to
mEsd�rected and art�fic�al lighbng were tlocumentee! with�n South, M+d, and Nortt� Beach m 2022
and 2023. fn 2023, 71 disonentatkan events out of 158 toSal nests were documented w�th�n M�ami
Beach. Th�s equates to apprqxrmateiy 459'o af nests thai were d�sanented due to m�sdirected
artificia! iightmg Witfi an approx�mately 45% disonentation rate, Miami Beach has the second
highest'd+sorrented nests per mife" rate in Miam� Dade Counry
The ab�ecti�e of the ordmance amendmer,t is to further reduce the damaging impacts ot artificial
light on sea turtles by updat�ng sect�ons of the ord�nance far consEstency with FWC
recommendations. As such, modified language has been added throughout ihe ord�nance to
clanfy 1�ghUng requirements and ttte major recommendat}ons inc3ude but are not limited ro the
folcaw�ng.
• ArnendinQ, clar�f}Lng, and expandin,g the OeftniUorts in Section 46-202
• Cel�phones and flash photography have been added as sources of art�fic�al light
. The "8ug type bulb"defirntian has bee� removed as rt is outdated,
• The terms'Beachvlalk', 'F A.C.', 'Long wavelEngth Gght source', 'Minim�zed','New
De�elopment', and 'Roof top advertssing s�gn' have beer�added and def!ned,
• Oefin�t�ons perta�ncng to Eight source type, 'Filmed glass', 'Solar screens'. and
'Tinted giass have been amended.
■ MocS�fvinq the prohib�ted activrties disruptive to manne turtles in Section 46-2fl3{a)-�c)
• Language was added recommending the use of red or amber filt�rs cn veh�cte
headlrg��ts for veh�cles authorized nn the beach at n�ght.
. F�reworks displays are proh�bited an the beachfront F,reworks d�sp�ays can occur
from offshore barges provided they have approvai fram the Fire Depanment and
a Florida DepaRment of Environmenisi Protection perm�t or exemption,
. The operat�on of motonzed veh�des dunng nesUng Season �s proh�b�ted unVess
otherN�se spec�fied by the ordinance,
• LighUng assaciated with special e�ents cannot de v�s�ble from the beacfi�after 9 00
p m to be co�szstent wr,h FpE� and County requirements_
• L��tmg scartdards for new developrnent �n Section 46-203{d}
Page 881 of 2497
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• Remove the 'eKceeding 50�`o af ihe value af the structure as determined by the
9udding Offic�a(' thresho►d for renovations ta comply wrth l�ghting standards for
new Oevelopment,
• Modify the lightin� standatds for new development ta apply to lighting with;n line-
of-sight of the beach,not just lighting east of it�e Coastal Construction Control Line
(CCCL)
• Lighf�nq standards for exist+nQ development �n Sedion 46-203(�
• fvFodify the IighUng standards for exisiing de�elapment to apply ta light�ng within
hne-of-sight of the beach,not just lighting east of the Coastal Canstruchon Control
Lme (CCGL?
Dunng the item discussion at F�rst Reading, tlie City Commission requested the �nterior exis6ng
artificial lighting requirement proposed m the amendments app�y only to hotels anQ commercial
properties and not apQly to re5idential properties. fn addition, it was recommended to �nclude
language regarding education and encouraging residents to adopt sea turtle-fnendly I�ght�ng
practices
6etween F;rst and Second Reading, the f�4lowmg section af the ord�rtance was amencSed to
address tt�e above-menUoned recommendahons of the Mayor and C�ty Comm�ss�on as follow5:
. Include IiahUna reQu�rements oDtians for existinq �nter�or l�qhts that are v�s�ble from the
beach for hotels and commercial �►o�erties
. Apply windflw tint of film that meets the light transmittance Standards for tinted
glass and�`or,
• Rearrange lamps ar►d other maveable fixtures away from window5 andlo�,
• Use of opague shades or room darken�ng nnndow treatments �e g. blinds,
curta�ns, screens}td shield�nteriar I�ghts f�om the beach
. Encourafle res�dential buildmqs and multi-family properties to reduce m�nimize pr
�hmmate existinq iMenor fiqhtinq vis�ble from tf�e beach by takinq anv of the followina
measures
• Turn of�or dim a!i unnecessary�ights andlor,
. Appfy w�ndow tsnt fiim t�at meets the I�ght iransmittance standards for t�r�ted g�ass
and/or,
• Rearrange lamps and other moveable fixtures away from windows andlor,
. Use opaque shades ar room darksNng window treatments (e g blmds, curtains.
screens}to shield interior iiqht from the beacfi.
Addit�analEy, the educational com�or►ent ot the�Ordfance will be enhance� The Fl�p the Svyotch �
Campaign w�11 cont�nue to be impiemented �n the next nesi+ng season to furtner sea tunle
Conservallon effarts. Leacl�ng up ta tt�e 2025 sea tuRle nesi�ng season, the Administrat�on plans
to focus on hotefs, neighborhood and bu+ldtng assoc�ations and concesslona�res as cr�t�cal
stakeholders to increase educat,on and compiiance with the ordinance In ada�Uon, the
Adm�n�suation has met with the Greater M�am�and the 8eaches Visrtors and Convention Sureau
and Miam+-Oade Counry Parks, Recreation, and Open Spaces Department to target an educat�an
campa�gn focused on eco-tvurism_
Page 882 af 2497
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FISCAL IMPACT STATEMENT
NrA -
Ooes this Ordinance�eauire a Business Im�act Estimate? Yes
(FOR ORDINA�ICFS�f�l.Y)
THE BUSINESS iMPACT ESTkMATE
fn accordance wsth Sect�on 166.�41(4), Florda 5tatutes, the C+ty of M�arni 8each is required to
assess whether a Business Impac2 Est+mate�s reqwred far the subject ord'rnance
The Business Impact Est�mate {B!E) was p�blished on October 1 i, 2024.
See BIE at httas�'wwvr m�ami�eachfl.qov`uh�-haEUc�ty-clerkr'rrteet3nq-not�ces;
FINANClAL INF�RMATI�N
N!A
CONCLI�SlON
Ths Adrninistration recarnmends t�e Mayor and C+ty Commission approve the sub�ect ordinance
to further reduce ihe �amag�ng impacts oi ari�ficaal light on the native sea turt�e populaGon by
integratSng Flonda Fish and W�ldiife Conservation Commission recammendabons inforrnation
regarding tlte ordinance w�fl be communicated w�dely through a public outreach process and
snfarmationaf campa�gn
Qaplicable Afea
Citywide
Is this a "Re�idents Riaftt to Know" item, Is this �tem feiated to a G.�. Bond
purauant ta Citv Code Sectian -iT? Projoct7
Yes No
YYas ttiis Ai�snda Item initiallv requested bv a lobbvist whicfi,as defined+n Code Sec. 2�d81,
inctudes a anncioal eastaaed in lobbvina? No
If so, specify the name of Ipbby�st(s)a�d pnncEpal(s):
Department
} � �. - r
Environment and Sustain8bil�ty
Spansur(s1
Commissioner navid Suarez
Co-saonsQrts4
Ci C: o. 'au hC�e :� :t�'.er te�'
Page 883 of 2497
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Condens�d Title
10 35 a m 2''Rdg. Turtle Nesting F'rotedion OrCinance Amendment. (Sua�ez) EN
e • � .
F'age 884 of 2497
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
��. '��� ,���'1��i � BEACH
�fFtC�C?F T-IE ClTY MA`:AG�R
,,� �-� �a��-��a LETTER T� COMMISS�ON
{U tbnarabie htayor Steven flleiner and hfembers o!the Gty Comm�ss+on
FR:�n Aiina f�udak. Gty�+fanag�r��
K
�nrE January �9, 2024
;�B;ECr 2p24 5ea Turtle Nesling 5eason in At�am+ Beach
The C�ty oi Miami Beach is dedicated to Ihe conservation and preservatior. of its natural
resources, including ihe protection of sea turtles that nest ar.nuafly on our beaches. City
Ord�nance No 2Q06-3525 reslnds artifc:a! light�ng dunng nesting season between Apnl 1
and October 31 (Qrd No 2006-3525} Each yea�, the C�ty refines its p�ocedures to prepare
for ihe upcoming nesUng seasan and h am pteased In share an update
Education and Evcnts
The Environmar.f and Sust��nabilEty Department was awa�ded �
a compet�ti�e grant by ihe Sea Turtie Conservancy in the
amount of$13,550 to launch a campaign to�the 2024 sea -��
iurtie nesting seasan The Uepartment+s working c�osefy with f li P T N E
the OffiCe of h7ar4ceting and Commun�cations to launch ihe ��I����
"Fiip the Switch" campa�gn io �ncrease awareness and
c�mp6ance of turtle�nenAly Gghting The ob�ective is to reduce
the damaging imp�Cts of artificiaf iight on s�a turtles by !•' �� ' BEAC H
implernenbng law, �ong. and st�+eEded iignt�ng prad�ces Or. -�� --�=� �=
beaches where artiC�c»� �aghtmg�s v�sib�e females may�
deterred `rom nesting and the hatchlings' important�ourney tp the sea can be d�srupted
Thls poses a seriaus tnrea!to sea iuRle hatchiings as they can beco+ne C�sonerted causing
them to crawl away from the ocean aad towatd It�e artific�al I�ght.
O+gital messaging w�fi be dissem�nated via aii social med+a channels an0 wi!I �ncfude d�gita�
ads, paid socfal ads, and a public service announcement(PSA) Pnnted adverlisements w�ll
�nclude bus shalters. phys�cal flyers, stickers, magnets, arxl a Featured arlicle�n the Spring
edit�on of the i�lFami $each Magazme Furthermore, the campa�gn w�11 engage ihe
community and target population through regular newsle'ters dunng the nest�ng season,
� emphasizing the cril�cai �mpoRance�f p�oteci�ng sea tunle5. . ,;
To leam more about sea turt4e nesi+ng sea5on t�ere on M�ami E3each and how commurnty
members can heEp, Ehe C�ty �s plsased to announce the follaw�ng events for!he community
this season
- M�am�-Dade County will be hosbng a Sea Turtle Awarenese Public Workshop ars
Sat�rday, January 20 at the �iarth Shofe Park Youth Center(501 72n° Street)at
12�30 pm and on Saturday, February 10 at the Miami Beach Regional Library
;22T 22"° Sireet) at ''2 30 prn.
The Environment and Sus:a�nab�I�ty Deparlment w�lf be hosbr•g Turtle Fest on April
2U at Aftos del Mar Park f76'"�treet 8 C �ilins Hverue) Tn�s farR�4y fun evenE was
Page 885�f 2497
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first held in 2Q23 and celebrates the s;art o!sea lurtle nesting seasoR 10 rarse
awarenesc about sea turtfe conservat�on
Bacicgrou nd
Sea TurtEes are protected by�he(1S
/'" Endangered Species Act of 1973 and Flor,da
SIYff� DO NaT HANDIE Slatute Chaptdr 370 It is �Ilega! to harm or
VR V�STURB � harass sea turt�es, their nests, or hatchimgs
The C�ty of M�ami Beach rs a nesf�ng habita�
. for three species of protecied sea tuK�es�
� ''4 Lo99erhead, Green, and l.eatherback sea
��`- turtles Handl�nq o1 turtles and nests �s
'. ���`� ' regulated by the siate agency, the Ffonda
''��.
- �; Fish 8,Wifd�ife Conservation Comm�ssion
, - _ (FWC}
r�`����� � ' . _
Sea tuNe nesirng seasar, In ihe State oi
a�� ""�` ���=� "B'��'�°w�°�^• k-0�•'�-� Flaida occurs between May 1 antl October
�M����rE'�°`� 31, however, sea turtle nestirtg begins on
s.o�a�..,bab���.�I�'�.fTO��p,��M Apn{ 1" �n M�ami Beach to account Eor the
.. ... _. ... �.. .
, . .�..a..,.<...._.__�..,...._..,.,.�,,.,.
--���.�--�-.,.�...�r_�et�,•=�. earlier Leatnerback nesfmg season 1.ocally,
�........,....�....._�_,.,.,,,...
the Mtami-Dade County 5ea TuR�e
Conservat�on Progra�n {MOCS7CP) Fs responsible!or spearheading sea lurtie conservatiorr
efToris FWC issued a permit to the Caurly t"�at allows Cour�iy staff to handle sea turtfe
nesls and hatchlings, and conduct daily inspect�ans on our beaches
County staff began sea turtle nesting surveys on March '"`fo� lhe 24Z3 turtle season The
surveys begin at sunnse every morning dunng sea turtle nest�ng seasor which mciude
dedicated County staff identifying, marking o#, and whera appficabls, relocahng nests They
aisv �nventory hatched nests and document hatchling disarientations No beach acti��t�es
(beach mainienance operabor5. sand s��ting, litter coflect>on, conc8ss�anaire oper8tionS,
spec�al events, eic )can begin before the daily survey �s completed and County sia�f gives
the authonzat�on to begrn�ctiwt�es on Ihe beach This prevents the loss of sea t�rtle tracks
used to rdentify nesis, as well as potential coUisions with nesi�ng sea turtles o�newly la�d
nests AI1 nests idenUf►ed by County staff durmg the survey are marked and surrounded by
caution tape the same morning they are discovered, signas�ng tfie publ�c tc mainlain a safe
bufi►er of at least 10 feet Furthermore, fhe City wil4 conlinue to work Gos81y wrth the Gounty
to h�Ep address any li�htmg or conservatio�concems along our beaches as the season
contiRues
City Efforts
A # -
A successful sea turtEe season rei�Ps on tne entlre commun►ty to help prepare our beaches
fot see tuRle nesting season For this reaspn, She City implements strateg�es and conducts
ex±ens+vc cducation and outreach to lhe community t� increase Saa tu�tle awarerles5
The Env�ronmen! and Sustamab�hty DepaRrnent has been workmg w th varEous extemah
stakeholders and City depar+menis on sho►t- and �ong-tefm strateg�es to e�hance the
p{otect,on uf our native sea turtFe popu{alion Ef(arts �ncEude coordination with FWC and .he
Co�nry �nternar tra�n�ng for Code Comahance Off+ce�, msta��ai�vR of i�ght�ng relrotsts lo
inclu�e amber I�ghts or shad�ng for Gty beachFrort properties—�nc{uding parks, parking �ats,
and commJn�ty workshops
The CadP Cnmpiiance Qepartment enforces ihe C�ty's Turtle Neshng Protect�or O�d�nance
?hrough proar.t�ve inS�eC'.�ons and �pmpl��nts Code Compliance disinhutes i�f�rm�t�on
Page 886 of 2497
Docusign Envelope ID:47054EFC-A65E-4302-ASF8-3F89B6CEA3A3
annuaiiy ta Deach(ronl Dropest�es to re+�irtd them to reduce unnecessary art+�iciai �ight
sources. keep blirds c�osed a! r�ghf. and nat harass nesr�rg sea turEles
11 you have a�y ��est�ons, p�ease contact Amy Krowles, Chie!Res;�ence O!fcer, at
Am,yKnowles[c�miami�eochfl 9ov or�indsey P�echt, Assistant DireCtor of the Environmen± &
Susta�na��lrfy�Depanr�ert, at L�nds�P�echita7miamibe�chfi c�v
ATHJ�C/A�{
,. , � .. .►
Page B87 of 2497
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
�, �
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�oaRfl oF
Df R ECTORS
April 17, 2025 Via Email Cholrmon
Jonathon Plurzik
The Ffonorable Eric Carpenter � 7he Bersy
City Manager �
City of Miami Beach ; Uice Charrmon
1700 Conventian Center Drive I lamil Di6
Miami Beach, FL 33139 , V&E Restourunts
SecreLory
Subject� South 8each Hol�day Fireworks Tom Giass;e
Avofon Horel
Oear Mr. Carpenter: I Treasurer
� Alje FeolQ
As th+nk you know, we have been adv+sed that aff South Beach holiday fireworks activity must � A/tanirtr Realty
emanate From "offshore barges"rather than thc "an bea�h"historical approach. We
understand this is based on a very commendable effort to preserve appropriate conditions for � Sreven 8ourher
Sea Turtle activity on the beach. Noting also that the Ocean Qrive Associat�on, and the � Boucher arprhers
businesses we represent, have partnered with the city for many years to manage and fund the Monagerr�ent,inc.
fireworks activations on both !u{y 4th ancf New Year's Eve. I
IFnts 8oers
We are writin� nQw to ad�ise vou that the cast of such actjvations particularlv now with the ' x�rz Hoee!
�rofound additional cost of securin�offshore bar�es(to the extent thev are available at alll
makes our continued financiaE support of these activ+ties that benefit of the entire Miami I Tom Dona!
Beach cammunity bevond aur capacit�to fund. �
7he Palace
We wouid i�e delighted to have ODA leade�sh+p t0 Continue to manage the program if the City � Mark Muhfrad
chooses to fund the full cast of the two prfncipal holiday fireworks activations � Storlite Note!
i
Respecifuily, �
' Scott Srebrtick
�he Board of Directors i
Go/dman Properf+es
i
�
i JonetSua�ez
CC: Mayor 5teven Meiner
� YtJG4 Hasprtality
Commissioner Tanya Bhatt
Commissioncr Laura Oominguet ` O.londo Valdes
Comrnissioner Aiex Fernandez Cavolier&Nenrosa
CommissionerJoe Magazfne � Hote►s
Cammissioner Kristen Rosen Gonzalez I
Cotnmissi�ner David $uarez
Cecr Velasco
: Executr�e Direcior
$08 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
� J�i�_ � Exp'osive Touc� Enterprises, LE.0
� X P �'i+`,i,��. � ` v � ATF t-,=L•061�23-5L-Oi1�7
426Q rlmelia Plantation Court
TOUCH ENTERPRISES VeroBeact', F� 3?967
B Iled To Date o1 Issue Invoice Numhef Am�,,n� Due {USDj
Alfie Feo�a 05i'3i2025 QOQ0556 �,�00 000.00
Ocean prl�e Improvement �
Assoc�aGon Due Date Reference
760 Ocean Drive 05!'3/2025 July 4th, 2025
Suite 9 Fireworks bisplay
Miami BeaC�, FL 33139 with ABS Barge
Desc�ipt�on Rate Qt,� l ne Totai
Professional Fireworks D�spfa��8� PYRc'� Services 5�5 aoo.oa f �45,OQQ OQ
Pro12ss�Or,d�Fire,vorlt5 Digp.�y��,���y acr.,z�z5 w�m aas Ba�ye
ABS Sarge& Tug S55.00O.aQ 1 555 OOO Q0
Ocear Go�r� g�r�e �,,�,F,e $_4oe°.^,r F rewor<s�isp!dy
Subto`al 1Q4.OQ0-00
Ta x 0 00
Totaf 100 Q00 00
Rmount Paici 0 00
Payment Schedule
Payment(1 of 2) D�e May t2, 2025 550,000 00
Payment(2 of 2j Due �ul 4, 2p25 550,000 00
Amo�nt Due(USD� 5100.00Q 00
Notes
Barge Company added SB.SOOAO in additional Eees in addit:on to the or,ginal quote amount for 5urcha�ges 8
Requirzd On-H�ra/Of{-Hire Surveys Ihat are completed by Tn,rd-Party Surveyors Totai Cosr shou►d be
51 b8.500 4d
Terms
809 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
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T O U C H E N T E R P R I S E S
PROFESSIQNAL FIRE�VURKS DISPLAY
SERVICE CONTRACT
Contract #: 25-0036
spo�sor; �cean Drive Improvement Association
ContactlClient: AIf12 Feola
Date of Display: July 4th, 2025
pn ABS f3d•qe ONshure•�¢er L�mm�.s Park'_a �.�.'r:;Gt'ean D•r�e fdi;ii••.Bettc;h FL"3"s'39
Location:
Time: Appx. 9:OOPM
Duration: 13 Minutes
Show Price: $100,Op0.04
�eposit Required: $50,000.0�
otner deca�is: Company will secure all permits
Scope of Work: 13 Minute Aerial Fireworks Dispfay
utilizin hi h ualit 1 .3G Fireworics. Dis !a will be 140% electronicall fired
and will include 3 se ments: O ener, Bo� 8� Grand Finafe.
ComPany wi11 secure ALL permits required for dis la .
Shells Included: 1'-2.5': 1 ,200; 3": 500; 4": 28�; 5": 120; 6":99; 7"�8; 8": 8
.�Q � Initials
www.explosivetouch.eom I Phone: 800-590-7929 I info@ex losi�etouch.com I v1/2023 Page '
81Q of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
� ��:r�/ �
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TOUCH ENTERPRISES
We the undersigned, being interested in a fireworks dispiay for ��.'�-�n ;��'''�
ag�ee ta pay a totat price oi$ ioo.000 c�o for the display agreed upon, and the display will be
produced by Explosive Touch Enterprises,LLC.
TERMS AND CON�I710NS:
The undersianed,inLending to be Ie4afly bound aaree as follows:
1. S onsor to make a de osit 8 ment of 50°0 of the coniract price upon siqninaof contracl.It the display is
being contracted within 30 daYs of disDlay dete,deposit pavment is due immedfately ta ensure enout�h
tlme to acqulre permits. PERMITS WILL_NOT BESECUREO FOR THIS EVENT WITHOUT DEPQSIT PAYNBVT
BEING RECEIVEd. 8alance Payment due 14 days prior.
2. In the event Sponsor shall fail to pay any sum when due under the terms ai this contract, Sponsor shall
pay,in addition ta such amount, interest at the rate of 1.5%per monlh on the unpaid amount fram the
origirtal due date.Sponsor does further agree that it shall pay Explosive Touch Enterprisea, LLC.
reasonable attorney fees and court casts in the event Expiasive Touch Enterprises, LLC. shall commence
suit ar incur fees to compel Sponsor to pay any sums due hereunder or otherwise as a result ot Sponsor's
default af any of the terms and provisions herein contained_
3. If event is on land,sponsor to furnish police andlor crowd security personnel, provide proper parking
supervislan,and insur�ade�quate patrol ot the safety zone as marked and secured by the sponsor until
Explosive Touch Ente�prises. LLC ad�ises that it is no longer required. Explosive Touch Enterprises,LLC
is not responsible for clean-up of extended range debris for land-based shows othe�than c ampany
equipment, supplies and packing materials. A land based fireworks display will produce an eztended
range detsris field depending on wind speed.Sponsor shail be respo�sihle for the clean-up of any such
debri s.
4 If event is over the water,Explosive Touch Enterprises,LLC will he responsib4e tor marine event permit,
and for the control af satety zone.
5 Explosive Touch Enterprises, LLG reserves the right to stop the display in the event persons,vehicles or
animals enter the secured satety zone and security is unable o►unwilling to remove tham and enforce the
satety reguiations.
6 Explosive Touch Enterprises,LLC wiil oblain and fumish at its expense al!a pplicabie lice�ses,permits
and a minimum of 51,00�,OOQ.00 IiablUty insurance for your electronically fired display. Explosivs Touch
Enie�prises,LLC,wi11 obiain all necessary government appra�als for the display.
7. }n accordance with local regulalions and ordinances,fireworks displays shall not take place later than
1U:30pm unless approval is obtained from the governing autharity,The restrictions shall not be appEicable
with regards to holidays such as Detember 31, January 1,or other national holidays. If for sorne reason,
shoot time dces not occur before the allotted time and shoot is canceled due to local authority or
expiration o1 permit, Sponsor is liab�e(ar full payment vf display.
S. SponsOr holds Harmless Explosive Toucfi Enterprises,L�G trom any claims that do�ot di�ectly relate to
damages produced by Expbsive 7ouch Enterprises, LLC's staft,equipment or pyrotechnic material_The
Sponsors agree to give Explosive 7ouch Ente�p�ises,LLC prompt notice of any claims or demands and to
caoperate wkth fxpiosive Touch Enterprises, LLC or its successors in interest or assigns, if any,in ihe
defense of any suth Claims and/or demands.The Spansors agree to indemnify,and hold Explosive Touch
Enterprises, �LC. harmless against any and all liabillty claims,damages. losses,expenses and costs,
including attorney fees that arise out of the display(s}whiCh is subject ot this contract except for liability
which is due sofely to negligence on the part of Explosi�e Touch Enterpr�ses, LLC. Or its stafl or
equipment or pyrotechnic materiai p�ovided by Explosive Touch Enierprises, LLC.or its s1aH.
9 CREDITS:As a materiaf inducement to Explosive Touch Enterprises, LLC.agreeing to enter into this
agreement,Sponsor shaiE gi�e Explosn+e Touch Enterprises, LLC.program credit as sole fireworks
supplier and p►oducer in all press releases, advertising a�d any other program announcernents,p�inted or
othervrise.
'� � Initi�IS
www.explosivetouch com I Phone: 8Q0-590-7929 I info@ex losivetouch.com I v1/2023 Page 2
821 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
10. 11 show is canceled due to aCtions unrelated to the actions vr inactions ot Explosive Tauch Enterprfses,
LLC or its staff,equipment or pyrotechnic materidl, sponsor is�esponsible for any permit,tire watch ar
bargeJtug tees, if applicabfe. Additiortally,if the aforementioned cancellation occurs,sponsor will be
responsible�or load IN IQad out ezpenses not to exceed 5U%of budget. It show is stopped while in
p�ogress for any reason,Sponsor will stifl be responsible for contract amount minus the cost of material
not discharged, uniess the stoppege is due to the actions of Explosive Touch Enterprises, LLC o�its
statt or due to problems with the equiprnent or pyrotechnic material of,or provided by Explosive Touch
Enterprises, LLC ar its staff, in which case Ezpfosive Tauch Enterprises, LLC sha{I be in defauft under
this agreement.
1 i. If wi�d exceeds 20mph,tireworks dispiay will be postponed to an agreed date between sponsor and
Ezpiasive Touch Enterprises, LLC.
12. Inclement Weather Explosive Touch Enterprises, LLC.wifl make every attempt to execute all fireworks
displays es sc�eduied. Explosive Touch Enterprises, LLC. reserves the right to postpone a display far
safery hazards caused by inclement weather.The Sponsors shall caver the additional costs reasanably
incurred by shooting the display on a mutually agreed upan alternate date, �he additional cost for
shooting the display on an afternate date shall not exceed 10°%oi the display budget.
13. Rain Date poliCy is as foliows:Postpanement time IS 11�9erti on the day of displa}�
14. It the delivery and/or exhibition o!tfie fireworks are postpaned by reason of inClement wealher, it shall be
r�sCheduied to the Inclement Weather Date set forth by SponsOr,
15. In the e�ent a reschedufe occurs and is unrelated ta the actions or inactio�s ot Expfos�ve Touch
Enterprises, LLC or its statt,and additional fees a re incurred by Ezplosive Touch Enferprises, LLC such
as permiKing, fire watch, police,barge,etc,Sponsor will be responsible far these fees as they are
automatically charged to us.
16.Sponsor agrees to notify Explos�ve Touch Enterprises,LLC af any unknown changes of said fl�eworks
display such as change oi�enue,change of tlme or any other unknown change a minimum ot 14 days
prio�10 display date. If for any reason dn unknown cfiange dces not allow for the setup and execution oi
fireworks display, sponsor is responsible for 50°i,deposit.
17. Cliant agrees to provide Explosive Touch�nterprises,LLC with an adequate tiring area that is necessary
to produce a safe fi►eworks program.ff for any reason on the day of display tfie firing area is cansidered
unsafe(Ex: Floodingl'Standing water is present, mucldy terrain or othe►hazards}to ezeCute the fireworks
display, Sponso►is still liable for SO°�o of Show Budget.
18. It Sportso�has accepted a pr�payment discount off8r at signing of contract, sponsor understands that if
for any reason sponsar cancels tireworks display,that 50°io of the pre-payment amount is forfeited.
19. Marketinq: Ezplosiva Touch Enterprises, lLC may use publit displays for promotional use, including but
not limited to videolaping a�d pro�iding invitations to current and/or potential customers to view the
dlsplay setup site and the fireworks display. �nr prl�ate displays, Explosive Touch Enterprisea, LLC wlll
seek approvai from Sponsors before making such invitations. In►eturn tor markeling privileges,
Expfosive Touch Enterprises may donale pro�uctc and services to enhance the display.
20. Force Maieure:Explosive Touch Enterprisas.LLC wrll take all reasonable steps to complete its
obiigations under this contract. However, Explos�ve Touch Enterprises, LLC shall not be held
responsible for failure to perform its obligations under this contract if such failure is a result ot an act oi
God including extreme weather, natural disaster,terrorism,war,or any extraordinary circumstance
beyont!its control.
21. Detault:It Sponsor iails to timely perform any o! its obligations under this Agreement, 5ponsor shall be
in default and Explosive Tvuch Enterprises, LLC shall be entitled to pursue all remedies avail8ble under
Florida law or equity. However, nat-withstanc�ng tt�e foregoing,if the display is Canceled by Sponsor due
ta aCts o!iorce majeure referenced in Paragraph 20 above,or arty other reason unrdated to the actions
or inactian3 oi Explosive Tauch Enterprises, LLC,or its staft or due ta th@ equipmert or pyrotechnlc
materi�l oi or provided by Expbsive Touch Enterprises, LLC or its staff, Expiosive Touth Enterprises,
LLC.shall be entftled to retain the 50'�o depasit as its liquldated damages due to the difficulty of
determining Explosive Touch Enterpr�ses, LLC. damages arising from such a canceliation. If Explosive
Touch Enterprises, LLC fails to iirneiy pertorm any of its obligations under this agreement Ezplosive
Touch Enterprises, LLC shall be in detault and Sponsor shatl be entitled to withholC any tuture payment
due hereunder and pursue al{remedies available to Sponsor under Florida law or equiry.
22.Terms&Conditlons:Thls agreemcrtt shall be governed by and tonstrued!n acco►dance wiih the laws ot
the state of Florida. This agreement is non-binding irrespective of endorseme�t until the 50'%deposit has
been 5atisfied and notice presented by Explosive Taucri Enterprises,LLC.
23. Venue Guarantee;Sponsor agrees to fortefture of the 50°io deposit and all other incurred fees In tfie event
the venue does not make proper arrangements and display must be canceled. Any required changes.
moves Or speCial inst�uctions for display sile will be pro�ideci in w►itten format at time of permitting.This
wauld incfude but not I+mited ta moving boats,yachts,vehicles or otfie�necessary items in the fallout
zone.
_ Initials
www explosivetouch.com 1 Phone: 800-590-7929 I into@explosivetouch.com 1 v112023 Page
81Z of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8986CEA3A3
24. Irnportant Note: Items iisted fo�tfiis firewo�ks display require a firing area that conforms to NFPA 1123,
which states that there must be at least 7U feet per inch of sheN diameter between firing site and any
spectators,cars or buil0ings.
25. Disputes:The prevaiiing party in any iegal dispuie between the parties to this agreement shall be
e�titled to recover its reasonable atto�ney's fees, expert witness fees and court and litigation costs
relating ta the dispute,including appellate praceedings.
26. Additional Insureds:It is agreed that Explosive Tnuch Enierprises,iLC.will provide edditionel insured
status to the persons, entity and/or entities required as a condition ot performing the a(orementioned
pyrotechnics display.
�■� �\ ///� ��
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TOU � H ENTERPRtSES
Di�play�Qord�nati9n Cont�cc(DGC�
Please provide information fer a primary contact person who can be reached on the date of your evenL This
wEll help to ensure smooth and accurate execution of your display:
Name: Alfie Feoia
T�tie: Treasurer, �cean Drive Improvement Assoc.
Work Phone:
Cell Phone� 305-773-8094
E-mail Address� ohfeo@atlanticbb.net
NOT� 1:7he DCC mto�mation provided above is transferred to the Shooter in Charye(SIC)to�the day
of disp�ay. Please make sure that all i�(ormation pro�ided is accu�ate and correct so that ihere are no
setbacks or communication errws for successtul operations.
NOTE 2: Galf Courses, Fiotels & Any oiher venues with Automatic Sprinkle� systems, pfease make sure
to notify your operational or maintenance staff to deactivate outdoo.sprinkler systems in the
immediate area of the display site.
'R �� Initiais
www expfosivetouc� com I Phone: 800-590-7929 � info@explosivetouch.com I vtl2023 Page 4
813 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
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T � U C H E N T E R P R I S E S
Explosive Touch Enterprises,LLC. upon acceptance of this contract in writing, agrees to fulfill the
contract in a workmanlike and prafessional manner.
May 9, 2025 Date
Ocean Diive Improvement Association
Sponsor or Client Name
City of Miami Beach Sponsor or C�ient Title
������ Signature
Explosive To�ch Enterprises, LLC. Display Company
PresidendOwner Title
� Signature
Please e-mail signed contract to info@ex�iosiveio�h.com and make payment
of �5a.oao 0o to officially bind this contract for your fireworks display.
Thank you for choosing
� _\ I/� �
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TOVCH ENTERPRISES
to produce your fireworks spectacular!
� � Initials
www.explosivetauch cam I Phone: 804-590-7929 I info@explosivetouch.cam I v1/2023 Page 5
814 of 2719
Docusign Envelope ID:47054EFC-A65E-4302-ASF8-3F8966CEA3A3
� �� �% � Explosive Touch Enterprises, LLC.
_ X P L'� " � ' � � ATF 1-FL-061-23-5L-01157
' "'' 4260 Amelia Plantation Court
TOUCH ENTERPRISES Veroeeach, FL32967
��lic��: T�:; �ate ,�• �;ti,:t� I•r.0�r_r� �`._. � _. �
Alfie Feola 05/13/2025 000055s $100,000.00
Ocean Drive Improvement
Association ��� ���'f- Referer��,E_
760 Ocean Drive 05/13/2025 July 4th, 2025
Suite 9 Fireworks Display
Miami Beach, FL 33139 with ABS Barge
p�5rr;�r��� Rate Qty L�ne Tntal
Professional Fireworks Display & PYRO Services $45.000.00 1 545,000.00
Professional Fireworks Dispiay on July 4th, 2025 with ABS Barge
ABS Barge 8�Tug $55,000.00 1 $55,000.00
Ocean Going Barge,Tug, Fuel 8�Lube for Fireworks Display
Subtotal 100,000.00
Tax 0.00
Total 100,000.00
Amount Paid 0.00
P,_��, ��'�� 't �c��ec;,;l�
Payment(1 of 2) Due May 12, 2025 $50,000.00
Payment (2 of 2) Due Jul 4, 2025 $50,000.00
Amount Due (USD� $100,000.00
�vutc��
Barge Company added $8,500.00 in additional fees in addition to the original quote amount for Surcharges 8�
Required On-Hire/Off-Hire Surveys that are completed by Third-Party Surveyors. Total Cost should be
$108,500.00.
Terms
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F89B6CEA3A3
,4co� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDM/Y1�
�� 07/01/2025
PRODUCER Fa�305-213-3993 Pn��e* 7$6-464-1517 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance O�ce of America ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOtDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ThOf118S D. DOfSBy-#A070894. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1877 S. Federal Highway �
Boca Raton, FL 33432 INSURERS AFFORDING COVERAGE �' NAIC#
INSURED FaY/f Phoneit �
305-531-9478 �ws�RERn: Philadelphia lnsurance 23850
Ocean Drive ImprovementAssociation �� NsuReRa.
c/o Alfie Feola INSURER C:
760 Ocean Drive INSURER D
Miami Bea h, Florida 33139 ir,suRER e
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR� DD' pOLICY NUMBER POLICV EFFECTIVE POLICY EXPIRATION� LIMITS
T
�/ GENERALLIABILI7Y EACHOCCURRENCE $�,OOO,OOO
A ✓ COMMERCIAL GENERAL LIABILITY � I , DAMAGE TO REN ° � T 100,000
�PREMISES(Ea occurence $
�I CLAIMS MADE �✓ OCCUR I 'i, �. 'MED EXP(Any one person) � $�,��Q _ _
i _ I EV�71 742 �� �7��4�2rJ �I 07/05/25 PERSONAL 6 ADV INJURY �$ �,���,Q�O
I I GENERALAGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
✓ POLICY I PRa LOC
i AUTOMOBILE 11AH1UTY �
COMBINED SINGLE LIMIT $
�ANV AUTO (Ea accident) I
ALL OWNED AUTOS BODI�Y INJURY I
I SCHEDULE�AUTOS (Pe�Per'°°� $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
_ . -- � , PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY ' I AUTO ONLY-EA ACCIDENT S
i -_
ANV AUTO �� � OTHER THAN EA ACC 3
AUTO ONLY� AGG $
EXCE3S 1 UMBRELLA IJABILJTY EACH OCCURRENCE $
�
OCCUR �_�CLAIMS MADE AGGREGATE $
S
�' DEDUCTIBLE � $
RETENTION $ � $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOVERS'LIABILITY T RY
i ANY PROPRIETOR/PARTNER/EXECUTIVE❑I E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
I(Mandatory in NH) I E.L.DISEASE-EA EMP�OYE $
If yes,describe under '�, _
SPECIAL PROVISIONS below � E.L.DISEASE-POLICY LIMIT $
OTHER I
I � I �
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I E%CLUSIONS ADDED BV ENDORSEMENT/SPECIAL PROVISIONS
Commercial General Liability for 4th of July concert event to be held at Lummus Park
Certificate Holder is included as an Additional Insured.
CERTIFICATE HOLDER Fax# Phone# CANCELLATION
SHOULD ANY OF THE ABOVE DESCRI BED POLICIES BE CANCELLEO BEFORE THE EXPIRATION
City of Miami Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITfEN
1700 Convention Center Drive NOTICE TO THE CERTIFICATE NOLDER NAMED TO THE LEFT,8UT FAILURE TO DO SO SHALL
Miami Beach, Florida 33139 IMPOSE NO OBLIGATION OR LIABILITV OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTNORIZED REPRESENTATIVE �
� � _-c�_,:_ .
ACORD 25(2009/01) O 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized
representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2009I01)
Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
MIAMI BEACH . ���
Sponsorship Agreement-Ocean Drive Improvement Association— 2025 Fireworks Display
Ocean Drive Improvement Association,Inc. Tourism and Culture
Lissette Garcia Arrogante Maria Hernandez
Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor x Type 8-Other:
The Ocean Drive Improvement Association,Inc."ODA",in partnership with the City,has hosted an annual Independence Day fireworks
on the Lummus Park beachfront for over a decade.As part of its partnership,the City provides special event sponsorship to the ODA
in the amount of$50,000 in matching funds for fireworks displays for Independence Day and New Years Eve.
October 30,2024,the Mayor and City Commission adopted an amendment to the Turtle Nesting Protedion Ordinance No.2024-4652,
which restricts fireworks displays on the beachfront during turtle nesting season but permits displays from offshore barges.The ODA
has indicated that securing an offshore barge for the July 4,2025,fireworks display is cost prohibitive and requested that the City fund
the remaining$50,000 necessary to cover the cost of the barge and fireworks activation.
The ODA submitted a fully executed agreement with Explosive Touch Enterprises,a fireworks vendor,detailing a total cost of$100,000
for the fireworks display and offshore barge.On May 21,2025,the Mayor and City Commission adopted Resolution No.2025-33661,
approving a one-time additional special event sponsorship for the Ocean Drive Association July 4,2025 event fireworks display,funding
the gap in an amount up to$50,000,and further authorizing the City Manager and City Clerk to execute this Agreement.
The$50,000 sponsorship funding has been made available through a budget transfer of Resort Tax Contingency funds.
One(1)time N/A One(1)time
Grant Funded: Yes x No State Federal Other:
�al
1 $50,000 160-0380-000349-25-40Cr548 00 00 00 Yes x No Qf
z 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:
2025-33661 C7 Q May 21,2025
If no,explain why CC approval is not required:
Legal Form Approved: x Yes No If no,explain below why form approval is not necessary:
Procurement: N/A Grants: N/A
i
Budget: , Information Technology: N/A
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Docusign Envelope ID:47054EFC-A65E-4302-A8F8-3F8966CEA3A3
Risk Management: 000�s�9�ed bY: Fleet&Facilities: N/A
M.A�v'G �t,Y�
Human Resources: N/A Other: N/A
Rev.3/25