HomeMy WebLinkAbout01/13/2025 Agreement S0B[,,,,',',,Wr,
SOUTH BEACH WINE&FOOD FFSTIVAr
........................................PRESENTED BY C�fx"Ia�l(Xy; .......................................
3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys
SPONSORSHIP AGREEMENT
Sponsor: 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys
Address: 2140 S.Dixie Hwy, Suite 209, Miami,FL 33133
The Florida International University Board of Trustees,a charitable governmental unit qualifying for Federal tax exemption pursuant
to Internal Revenue Code("I.R.C.")section 115(1) ("FIU"), as administrator and co-producer of the Food Network South Beach Wine&
Food Festival presented by Capital One (collectively, the "Festival"), thanks Sponsor for its commitment as a Bronze sponsor of the
2025 Festival. This Sponsorship Agreement(the"Agreement")shall commence as of the last date signed below(the"Effective Date")and
shall continue through and including May 1,2025,unless otherwise terminated pursuant to the terms hereof. In consideration of the terms
outlined herein,the parties agree as follows:
I. SPONSOR'S CONTRIBUTION(please put N/A if not applicable):
A. Cash Contribution: $8,000 Payment Due Date: February 13,2025
B. Total Contribution': $8,000
II. SPONSOR'S SPONSORSHIP BENEFITS(please put N/A if not applicable):
A. Level:Sponsorwill be recognized as a Bronze sponsor of the 2025 Festival.
B. General Festival Recognition: Sponsor will receive tiered level logo recognition on the welcome banners at the Grand Tasting
Village.
C. Participating Event(s):
2Event #of Working
Appendix#: *Event Name: Event Recognition: Credentials:
A I Drag Brunch Supporting Sponsor N/A
*The above-listed events shall each be known individual) as an"Event"and collective) as the"Events."
III. TERMS AND CONDITIONS. In addition to the above-listed event appendices and opportunity appendices, as applicable (each, an
"Appendix"and collectively,the"Appendices"),Sponsor's involvement with the Festival shall be governed by the following terms and
conditions:
1. Tickets
A. Benefit Package. The Festival will work with Sponsor to create a customized package of hospitality benefits from a variety of
Festival-provided options that includes tickets (at retail prices, plus tax) to relevant Festival events valued at an amount not to
exceed six percent(6%)of Sponsor's Cash Contribution("Ticket Credits").Seated events,such as the Tribute Dinner,will not be
included in the Benefit Package. Ticket orders should be placed with the Festival's internal Ticketing Manager and Ticket Credits
should be redeemed as soon as possible to ensure availability of first choice; exact ticket allocations are subject to availability.
yo todket orders wfllll IlDe accepted Ilay fli(r II uclka ding IIMainagell,after II i1day,2auuruairy 17,2025.
B. Ticket Purchases. Additional tickets, including for seated events, may be purchased at cash value by wire transfer,check or
credit card, subject to applicable 7%Florida Sales Tax. All ticket orders are subject to availability.
C. Distribution. No tickets shall be distributed until Sponsor's Cash Contribution under section I above, Sponsor's Contribution
("Cash Contribution"), has been paid in full,all elements of Sponsor's activation plan and design are approved and, if applicable,
i The Total Contribution is provided to the Festival in exchange for Sponsor's participation in the 2025 Festival and is the basis for Sponsor's benefit level.
z The Appendix for each above-listed Event and/or Opportunity(as applicable)is attached to the back of this Agreement(under the related Appendix M and
is hereby incorporated by this reference. Sponsor acknowledges,understands and agrees that,in addition to the terms of this Agreement,the terms outlined
in each Appendix shall govern Sponsor's involvement in the related Event and/or Opportunity and Sponsor agrees to abide by the terms outlined therein.
Page 1 of 12 INITIALS: Q D�+S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
Sponsor has submitted all required inventory shipping forms. Subject to the foregoing requirements, tickets will be
distributed 2-3 weeks prior to the Festival.
2. Working Credentials
The Festival provides credentials for operational working personnel directly related to the activation of Sponsor's footprints for the
day(s)and Events that Sponsor has a Festival approved activation,footprint or build out. For example,executives and sales personnel are
not eligible for operational working credentials and must be ticketed. Terms related to Sponsor's receipt of any credentials are as follows:
A. Sponsor will receive credentials for working access to each Event in the amount specified on the front page of this Agreement.
Sponsor acknowledges that such working access does not grant the bearer a seat at any seated events;seats are reserved for
ticketed guests.
B. All credentials for set up and breakdown personnel are included within this allocation of credentials to Sponsor; the Festival will
not allocate separate credentials for set up and breakdown personnel.
C. IMPORTANT NOTICE: CREDENTIALS ARE ISSUED ON-SITE AT THE FESTIVAL. NO CREDENTIAL SHALL BE ISSUED
UNLESS ALL AMOUNTS LISTED UNDER SECTION I, SPONSOR'S CONTRIBUTION,ARE PAID IN FULL.
D. No person shall be granted access to the Event site without a valid credential or ticket.This requirement will be strictly enforced.
All workers, including those assisting with load-in and set-up,as well as any private photographer,videographer or other media-
type personnel working directly for the Sponsor, must visibly display a valid credential at all times beginning on Wednesday,
February 19,2025.
E. If Sponsor desires to utilize a photographer and/or videographer for Sponsor's own purposes (e.g., to document Sponsor's
activation),such photographer(s)and/or videographer(s)will not be considered to be press and must utilize Sponsor's tickets
and/or credentials to gain access to the Event; Festival shall not permit any other access. Additionally, Sponsor must fill out
the appropriate form(link provided below)to notify the Festival of such plans by Friday,February 7,2025.Sponsor is responsible
for communicating Festival's photo/video/filming guidelines outlined on the form to any such photographers/videographers.
Photo rah /Video rah : htt s:/(cor orate.sobewtt.orc(torrris(2025 sobewfff t7oto video errriissiou� form/
S p y 9 p y ..............p................................lC�..................................................................................................................................................................................................p..........................................................p...............................................................................
F. Additional credentials (over and above Sponsor allotted amount) may be available and must be requested prior to the Event.
Sponsor acknowledges that the Festival is not responsible for and cannot guarantee the availability of credentials for any reason,
whether for purchase or otherwise.
3. Press
A. Press Registration. All press must apply for access to the Festival through the Festival's Public Relations department no later
than Monday, January 20, 2025 Q7 p;//s2�e ff,,2tc(rrlp is/press access/). Due to legal guest capacity and/or inventory control
limitations,Festival will not have guest lists at registration and will not provide access to any members of the press or other guests,
unless they have been previously approved and ticketed or credentialed by the Festival.
B. Press Access. If Sponsor desires to use its tickets and/or credentials to invite press to cover the Festival,Sponsor must submit
the press names to the Festival's Public Relations Director for approval no later than Monday,January 20,2025. Sponsor must
receive the Festival's approval prior to any transfer. Additionally, due to the Festival's overarching policies regarding filming of
content at Festival events,all press video/filming access plans are subject to the Festival's review and approval.
C. Attending Media List. Attending media list shall be released ten(10)days prior to the start of the Festival.
4. Print and Media Recognition
A. If this Agreement is executed prior to Friday, November 1, 2024, and Sponsor has timely submitted its logo to the Festival per
paragraph 8 (Logo and Sponsorship Acknowledgement Guidelines) of this Agreement, Sponsor will receive the following
recognition in the editorial pages of the Official Guide to the 2025 South Beach Wine&Food Festival:
1. Logo recognition(or line listing,as appropriate,as determined by the Festival)on the sponsor acknowledgement page.
2. Logo recognition (or line listing,as appropriate,as determined by the Festival)on the event-specific pages for the Event(s) listed
above.
B. Festival will secure the opportunity for Sponsor to purchase an ad in the Official Guide to the 2025 South Beach Wine &Food
Festival at a discount off the published rack rate. See Exhibit A attached hereto for details. If the attached Exhibit A is from last
year's Festival,an updated Exhibit A will be available by September 1,2024.
C. Sponsor's logo or line listing(as appropriate,as determined by Festival)will appear with logos or line listings of all major sponsors
in one full-page "thank you" advertisement running the weekend of the Festival in a newspaper publication of major circulation
such as The Miami Herald.
D. Sponsor will receive recognition (logo or line-listing as appropriate, as determined by Festival) in select print advertising in local
and national publications.
E. Sponsor will receive recognition(logo or line-listing as appropriate,as determined by Festival) in select print promotional materials
distributed to local,national and international media.
Page 2 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS:_EW VAS
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
F. Sponsor will have the opportunity to produce press releases promoting its participation in the Festival, however all such press
releases must be approved in advance by the Festival.All approved press releases shall be housed on the Festival's website in
the press room.
5. Electronic Recognition
A. Sponsor's logo(or line listing,as appropriate,as determined by the Festival)will appear on the following pages of the Festival's website,
with a link to the Sponsor's website:
• Sponsor Level:Bronze
• On the event-specific pages for the Event(s) listed on the front page of this Agreement, if applicable.
B. Sponsor's logo or line listing,as appropriate,as well as Sponsor's contribution of a mutually-agreed upon auction item, if any,will
be placed on the Festival's Online Auction website pursuant to the terms outlined throughout this Agreement,and at any one of the
following sites:
• The Holiday Online Auction,taking place from mid-November 2024 through mid-December 2024.
• The Main Online Auction,taking place from February 2025 through March 2025.
C. Any logo recognition and link will remain on the Festival website from the Effective Date of this Agreement until May 1,2025.
6. Gifting. If Festival produces a pre-stuffed gift bag,Sponsor may receive the following gifting opportunities:
A. Trade Day Gift Bag Inclusion—the opportunity to include a promotional item or sample to be included in a minimum of 5,000
Trade Day gift bags distributed to attendees.
B. Grand Tasting Gift Bag Inclusion — the opportunity to include a promotional item or sample to be included in all 12,000
Grand Tasting gift bags distributed to attendees.
C. VIP Gifting Inclusion—the opportunity to provide a premium corporate promotional item to be included in all 200 VIP gift bags
distributed to visiting VIPs, media and chefs, if applicable. A minimum value of$250.00 per each individual promotional item is
required.This will be Sponsor's opportunity to not only gift"influencers" but also introduce them to new products or services and
motivate them to make purchases from Sponsor in the future.
Weight and size restrictions will apply. Limited placement opportunities available. Paper materials (e.g., pamphlets, promotional
literature or brochures) are strongly discouraged. Whenever possible, printed pieces should be produced using 100% recycled
materials,and they should not exceed two(2)ounces in weight.All promotional/gift items should not exceed eight(8)ounces in weight.
All items must be approved in advance by the Festival no later than Monday,January 13, 2025.
7. 2025 Festival Auctions. Sponsor will have the opportunity to donate a mutually agreed upon auction item to one of the Festival's
Online Auctions. Sponsor's logo or line listing,as appropriate,as determined by the Festival,as well as a full description and photo of
the Sponsor's auction item,will be placed on one or more of the Festival's Online Auction websites during these time frames:
A. The Holiday Online Auction will take place from mid-November 2024 through mid-December 2024.
B. The Main Online Auction will take place from February 2025 through March 2025.
Festival warrants and represents that its Online and Silent Auctions will be conducted in accordance with applicable law, including but
not limited to the auctioning of items that contain alcohol content.
8. Logo and Sponsorship Acknowledgement Guidelines
A. All recognition to be received by Sponsor in accordance with this Agreement, including but not limited to Electronic Recognition
and Print&Media Recognition,shall be subject to and in accordance with these Guidelines.
B. The Festival shall be entitled to reject any logo submissions which do not adhere to the requirements outlined herein,without any
further liability to the Festival.
C. Sponsor must complete a Sponsor Brand Marketing Form(which includes Sponsor's logo submission)within two(2) business
days after execution of this Agreement. The form can be found here: h tp2 Lgg.Epa s [ew tc( rrls( (7 5 s [ew
spor7sor brar7d rrlark21.jng torrn/. Within two(2)business days after the Festival's receipt of the Sponsor's completed intake form,
Sponsor's logo recognition benefits will be included in all applicable formats which are still available to Sponsor (i.e., website
recognition, other electronic recognition). Sponsor will not receive any such benefits until the Agreement is finalized and the
completed form (and logo) are received by the Festival. Sponsor acknowledges that Festival shall not be obligated to provide
recognition benefits to Sponsor for which recognition deadlines have already passed. Any requested logo changes by Sponsor
submitted to the Festival after Friday,January 3,2025 will not be guaranteed to be used for printed materials.Any reprinting costs
associated with a Sponsor's logo change shall be the sole responsibility of the Sponsor.
D. Sponsor shall utilize the following pre-approved verbiage when acknowledging their sponsorship of the Festival:
1. "A proud sponsor of the Food Network South Beach Wine&Food Festival presented by Capital One."
2. "[Sponsor]is honored to support the 2025 Food Network South Beach Wine&Food Festival presented by Capital One."
3. "[Sponsor]is honored to support SOBEWFF®."
Page 3 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: ) �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
4. "[Sponsor]is honored to support the 2025 South Beach Wine&Food Festival®."
9. Festival Licensing Rights
A. Grant of Rights.
1. Festival Marks. Festival shall provide Sponsor with the limited, non-exclusive, right to use Festival marks and logos, as
provided to the Sponsor by the Festival ("Festival Marks") on a royalty-free basis, in promotions, advertising and website
identification for the purpose of Sponsor leveraging its sponsorship position. Sponsor must obtain the prior written approval
of Festival as to all proposed promotional,advertising,identification or other materials prepared by Sponsor pursuant to this
paragraph prior to their publication,circulation,or display. Sponsor shall place the indicia"SM"or"TM"next to each use of
any Festival Mark.Sponsor will not use Festival's Marks for any purpose other than those set forth in this Agreement.
2. Sponsor Marks.The Festival shall have the limited, non-exclusive right to use Sponsor's trademarks and logos,as provided
to the Festival by Sponsor("Sponsor's Marks") on a royalty-free basis for the exclusive purpose of implementing the various
sponsorship benefits set forth in this Agreement, including, but not limited to, providing Sponsor with logo recognition in
promotions,advertising,website identification or other Festival-related materials. The Festival will not use Sponsor's Marks
for any purpose other than those set forth in this Agreement.
B. License Duration. This limited license is granted for the duration of the 2025 Festival or as otherwise specified in this
Agreement. All rights and privileges granted to each party by this limited license shall immediately expire on the date of expiration
or earlier termination of this Agreement.
C. Goodwill. Sponsor and the Festival recognize the great value of the goodwill associated with each party's intellectual
property. Each party acknowledges that the other party has an interest in maintaining and protecting the image and reputation
of its respective intellectual property,and that the other party's intellectual property must be used in a manner consistent with the
standards established by that party.
D. No Assignment. This limited license and all rights and duties hereunder are personal to Sponsor and shall not,without the
written consent of the Festival, be assigned, mortgaged, sublicensed or otherwise encumbered or transferred by Sponsor or by
operation of law.
E. No Joint Venture.This Agreement does not authorize Sponsor to do business under the name of"South Beach Wine & Food
Festival" or "Florida International University" or any name similar thereto, or to enter into any contracts or agreements of any
type in the name of,or on behalf of any of these parties.The Sponsor is not empowered to state or simply imply,either directly
or indirectly,that Sponsor or its activities,other than pursuant to the limited license permitted herein,are supported,endorsed or
sponsored by the Festival and upon the direction of the Festival shall issue express disclaimers to the effect. Nothing herein shall
be construed to place the parties in the relationship of partners or joint venturers,nor shall any similar relationship be deemed to
exist between them.
10. Product Inventory and Shipping
A. Sponsors who use the Festival's inventory process to ship product to the Festival warehouse must adhere to the comprehensive
inventory rules and regulations as provided by the Festival(the"Product Inventory and Shipping Rules")including,but not limited
to, Sponsor's obligation to:
1. Complete and submit to the Festival an Inventory Summary Sheet,to be provided by Festival,documenting the specific items
with description and quantity that Sponsor is sending to the Festival warehouse.
2. Affix to every box or pallet prior to shipping,a Festival-provided shipping label.
3. Ship its products within the Festival-assigned shipping window. Festival is not responsible for any products shipped outside of
the shipping window. In addition,Sponsor agrees to pay a one hundred dollar($100.00)fee per box(or max of a five hundred
dollar($500.00)fee per pallet)that is shipped outside the indicated shipping window.The aforementioned shipping fee shall
be paid prior to the release of the Sponsor's boxes/pallets.
4. Adhere to the return shipping process in the Product Inventory and Shipping Rules.Festival is not responsible for products that
are shipped outside of the return shipping process.
11. Other Provisions
A. Opportunity Deadlines. The Festival shall notify Sponsor of all deadlines for any "opportunity" outlined in this Agreement
(including all appendices)which does not provide a clear deadline. Deadline notices shall be provided to Sponsor in writing,which
may include e-mail. All opportunities must be accepted or rejected by the deadline provided, or Sponsor risks losing such
opportunity.
B. Preferred Vendors. Festival will provide access to preferred decor/activation and catering vendors, which can be found here:
C. Exception to Exclusivity. The Festival's title partner Food Network shall retain the right to display any Food Network branded
elements within Sponsor's footprint(s) regardless of category exclusivity.
Page 4 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS:_EW VAS
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
D. Confidentiality.
1. Sponsor agrees to keep confidential the terms of this Agreement(including, but not limited to, financial terms) and not to
reveal such terms to any third party that is not under Sponsor's common ownership and control,with the exception that(i)
disclosure of the terms hereof to Sponsor's legal and financial advisors shall not be a breach,provided that such advisors are
expressly made aware of and agree to be bound by this confidentiality agreement,and(ii)Sponsor shall be entitled to make
disclosures to the extent required by law or appropriate court order. Notwithstanding the foregoing, Sponsor may make
incidental reference to the fact that it has entered into this Agreement to the limited extent necessary to activate the
sponsorship benefits conferred herein.
2. The Festival agrees to keep confidential the terms of this Agreement and any of Sponsor's information provided to the Festival
and the Festival shall not reveal such terms to any third party,with the exception that(i)the Festival shall be entitled to make
disclosures to the extent required by law or appropriate court order, and (ii) such information shall only be considered
confidential to the extent permissible pursuant to law. Notwithstanding the foregoing, the Festival may make incidental
reference to the fact that it has entered into this Agreement to the limited extent necessary to activate the sponsorship benefits
conferred herein.
E. Public Records. The Festival is subject to applicable public records laws as provided by provisions of Florida Statutes Chapter
119,and the Festival will respond to such public records requests as required by the law. This provision shall survive the expiration
or earlier termination of this Agreement.
F. Loss/Theft. Sponsor is solely responsible for the security of all goods,property,equipment,materials,product or any other items
("Sponsor's Property")that it or its contractors,agents,or other representatives bring to the Festival. The Festival shall have no
obligation or liability whatsoever for any loss,misplacement or theft of Sponsor's Property.
G. Compliance with Applicable Laws&Permits. The parties shall comply with all applicable federal, state and local laws,rules,
regulations and ordinances,and all other governmental requirements,in performing under this Agreement.Sponsor acknowledges
and agrees that Sponsor has and will at all times maintain and comply with conditions of all applicable governmental permits,
licenses,consents,and approvals necessary to perform its obligations under this Agreement. The Festival agrees that it will obtain
in advance all state and local event permits and licenses that the Festival is required to obtain to conduct the Event(s), including
all alcohol beverage permits or licenses.
H. Alcohol Beverage Law Representations.
1. If Sponsor is supplying and/or serving alcohol(including beer,wine and/or spirits),Sponsor,warrants,represents and agrees
with the following statements:
i. This Agreement is entered into solely for the marketing and promotional rights described herein and that Sponsor's rights
under this Agreement are in no way conditioned on any agreement or understanding that any person,firm or company
affiliated with or otherwise related to the Festival will be required to purchase or sell any alcohol beverage produced,
sold,offered for sale,or served by Sponsor,or refrain from purchasing,selling,or serving any competing products. By
entering into this Agreement,Sponsor does not agree,expect,or intend to induce the purchase of any alcohol beverage
produced,sold or offered for sale by Sponsor.
ii. Sponsor has no agreement with any alcohol beverage retail licensee related to or respecting this Agreement.
iii. All tickets sold as set forth in this Agreement to the various events are for the benefit of the Festival only.
iv. Any alcohol served or visible on-site must be approved by the Festival in advance and must be distributed by Southern
Glazer's Wine and Spirits of Florida.
v. Sponsor acknowledges that any and all alcohol beverages donated in connection with the Event(s)that remain unused
at the end of the Event(s)shall be immediately disposed of by Sponsor and/or removed from the Event Location(s)within
the assigned breakdown time,as detailed in the appropriate Appendix.Absolutely no alcohol beverages may remain at
the Event Location after the assigned breakdown time. Should the Sponsor wish to keep any unused product at the
conclusion of the Event, it is the responsibility of the Sponsor to make arrangements in advance for any unused product
to be removed from the site within the assigned breakdown time,and to clear those prior arrangements on site with the
Festival's Supplier Coordinator. The Festival has no responsibility or liability to the Sponsor for any unused product once
the Event has concluded.Festival policy does NOT permit the solicitation of on-site sales by any and all Festival sponsors;
no cash and carry activity will be permitted at any time.
2. The Festival represents that no monies paid for the sponsorship rights identified in this Agreement are intended to be or will
be passed on by the Festival to any alcohol beverage retail licensee as an inducement to any such retailer to purchase any
alcohol beverage produced, sold or offered for sale by Sponsor, nor will any such monies be used to defray any costs that
any alcohol beverage retailer would incur in the conduct of its business, including, but not limited to, the purchase of
advertising. The Festival further represents that it is not a licensed retailer of alcohol beverages and that no money paid by
Sponsor shall directly or indirectly be paid to a retailer of alcohol beverages.
I. No Third Party Rights. This Agreement does not and is not intended to confer any rights or remedies to any party other than the
parties to this Agreement. Sponsor acknowledges that no branding or benefits relating to the Festival shall be made available to
any entity other than Sponsor,except upon the Festival's advance written approval.
Page 5 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS:_ J �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
J. Indemnification. Sponsor shall indemnify, defend and hold harmless the Festival, FIU, its Board of Trustees, the Florida
Board of Governors, the State of Florida, and their respective directors, officers, agents and employees, from and against any
and all damages, losses and all claims, counterclaims, suits, demands, actions, causes of action, setoffs, liens, attachments,
debts,judgments, liabilities or expenses including,without limitation,attorney's fees and legal costs, by reason of any claim, suit
or judgment arising or alleged to arise from,or relating to: (1) any breach by Sponsor of any term or provision of this Agreement;
(2) any negligent acts or willful misconduct of Sponsor, its employees, agents,representatives, contractors,or subcontractors;
or (3) any claim or liability involving fraud, misrepresentation, patent, copyright, trade secret, or trademark infringement in
connection with Sponsor's Marks,product(s)and/or service(s),as applicable.
K. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and any
dispute arising hereunder shall be resolved in the State courts located in Miami-Dade County, Florida.
L. Payment. All payments due from Sponsor, if any,as outlined on the front page of this Agreement,shall be in the form of wire
transfer, checks, or credit card payments made payable to"Florida International University"and shall be due on or before the
Due Date listed on the front page of this Agreement. Sponsorship payments are non-refundable. If Sponsor fails to make
payment by the Due Date,Sponsor agrees to pay a late fee in the amount of three percent(3%)of Sponsor's Cash Contribution.
Additionally, should Sponsor fail to make payment prior to the start of the 2025 Festival, Sponsor shall not be permitted to
access the 2025 Festival or any Festival Event(s), including those for which it is involved, until payment is received by the
Festival. If the Festival and/or any applicable Festival Event(s)conclude without the Festival receiving payment from Sponsor,
Sponsor agrees to reimburse the Festival for all costs incurred by the Festival related to Sponsor and for all marketing/publicity
benefits received by Sponsor.
M. Failure to Make In-Kind Contribution. If Sponsor is making an In-Kind Contribution,if any,as outlined under section I"Sponsor's
Contribution"on page 1 of this Agreement("In-Kind Contribution"),and Sponsor fails to make such In-Kind Contribution prior to
the start of the 2025 Festival, Sponsor shall not be permitted to access the 2025 Festival or any Festival Event(s), including
those for which it is involved, until the In-Kind Contribution is received by the Festival. If the Festival and/or any applicable
Festival Event(s)conclude without the Festival receiving the In-Kind Contribution from Sponsor, Sponsor agrees to reimburse
the Festival for all costs incurred by the Festival related to Sponsor and for all marketing/publicity benefits received by Sponsor.
N. Notices. Any notices to be made hereunder shall be made in writing and shall be sent by hand delivery, email, overnight
courier or certified United States mail,return receipt requested,with postage prepaid.Each party may,by notice to the other party
as provided herein,change the address to which notices or payments thereafter shall be sent:
Notices to Sponsor shall be sent to:
3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys
2140 S. Dixie Hwy, Suite 209, Miami, FL 33133
Attn: Diane Schmidt, Chairperson
Phone:(305)525-2400; E-mail:diane.schmidt@opalkeywest.com
Notices to the Festival shall be sent to:
Florida International University
c/o South Beach Wine&Food Festival HQ
2105 N. Miami Avenue, Miami, FL 33127
Attn:Ashley Shapiro,Sr.Director,Festival Program Administration,South Beach Wine&Food Festival®
Phone:305-627-1617; E-mail:ashapiro@fiu.edu
0. Waiver&Amendments. The failure of either party hereto to insist in any instance upon the strict performance of any
provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for
the future of such provision or election. No waiver, modification or amendment by any party shall have been deemed to have
been made unless expressed in writing by such party.
P. Severability. In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable
in any jurisdiction,such provision shall be ineffective as to such jurisdiction solely to the extent necessary to render such provision
valid, legal and enforceable,and without invalidating or affecting the remaining provisions hereof or affecting the validity, legality
or enforceability of such provisions in any other jurisdiction.
Q. Event Changes; Force Majeure. The parties agree that if the Festival or any of its event(s) is postponed or canceled by the
Festival due to public health and/or safety concerns or if either party is delayed or is unable to fulfill or perform any of the terms
or obligations under this Agreement(other than Sponsor's obligation to pay)due to any event beyond either party's reasonable
control, including but not limited to:acts of God,fire,flood,natural disaster,war or threat of war,acts or threats of terrorism,civil
disorder, unauthorized strikes, public health emergencies(such as a result of epidemics and pandemics), any federal, state or
local government law, order, or regulation, order of any court or jurisdiction,or other similar occurrence beyond the reasonable
control of the parties(the"Force Majeure Event"), neither party shall be liable or responsible to the other, nor be deemed to
have defaulted under or breached this Agreement. Notwithstanding the foregoing,the affected party must diligently attempt to
Page 6 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: ) �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
perform(including through alternate means). If a party is prevented,hindered,or delayed in performing any of its obligations under
this Agreement as a result of the events outlined in this Section (even through alternate means), the parties shall in good faith
negotiate changes to this Agreement. For example, the parties agree that, if, due to the events outlined in this Section, the
Sponsor's benefit(s) or entitlement or portion of such benefits set forth in this Agreement become unavailable or become
impossible to provide,the parties shall mutually and reasonably agree on a different"make good" benefit or right or entitlement
that has substantially the same value as the unavailable benefit(s).
R. Insurance. Sponsor shall, at minimum, have and maintain the types and amounts of insurance that cover the Sponsor, and if
applicable, its subcontractor's exposure in performing this Agreement. Sponsor shall also comply with any and all venue's
insurance requirements, if applicable,and Sponsor shall provide copies of any insurance certificates upon request by FIU and/or
the venue.The Festival,as a part of FIU is a public body corporate entity,warrants and represents that it is self-funded for liability
insurance;the Festival is not required to obtain additional insurance for this Agreement.The Festival is not liable for the acts of
third parties or the consequences of the acts of third parties.
S. Representations. Sponsor represents and warrants that it is not on the Convicted Vendor List (see Florida Statutes
§287.133(2)(a)). Sponsor also assumes such risk with respect to the willful or negligent acts or omissions of Sponsor's
subcontractors or persons otherwise acting or engaged to act at the instance of Sponsor in furtherance of Sponsor fulfilling
Sponsor's obligations under this Agreement.
T. Sovereign Immunity. Nothing in this Agreement shall be construed as the Festival's indemnification of Sponsor or as a waiver of
sovereign immunity beyond that provided in Florida Statutes§768.28.
U. Drafting.No provision of this Agreement shall be interpreted for or against any party on the basis that such party was the draftsman
of such provision,and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of
any provision of this Agreement.
V. Signatures. The parties hereby acknowledge and agree that this Agreement may be signed electronically and that such electronic
or facsimile signatures shall be deemed an original for all purposes. The parties represent and warrant that any person signing
this Agreement electronically or causing this Agreement to be signed electronically has the authority to do so and that such
electronic signature shall be sufficient to bind the respective party under this Agreement.
W. Authority. Sponsor represents and warrants that the Agreement has been duly authorized, executed and delivered by and on
behalf of the Sponsor and constitutes the valid, binding and enforceable agreement in accordance with the terms hereof. If the
Agreement is signed by the Sponsor's representative or agent,such representative or agent represents and warrants that:(1)it is
duly authorized to act for and on behalf of the Sponsor,(2)that it is authorized to enter into the Agreement,and(3)that it shall be
jointly and severally liable for any breach of the Agreement.
X. Entire Agreement. This Agreement, along with any and all exhibits and appendices attached hereto, sets forth the entire
understanding between the parties and supersedes all prior agreements, arrangements and communications, whether oral or
written,with respect to the subject matter hereof. No other agreements, representations,warranties or other matters, whether
written or oral,shall be deemed to bind the parties hereto with respect to the subject matter hereof. Sponsor acknowledges that
it is entering into this Agreement solely on the basis of the agreements and representations contained herein.
SPONSOR ACKNOWLEDGES AND AGREES THAT THE FESTIVAL SHALL NOT CONFER ANY SPONSORSHIP BENEFITS
WHATSOEVER TO SPONSOR UNTIL SUCH TIME AS A FULLY EXECUTED CONTRACT BETWEEN THE FESTIVAL AND SPONSOR
IS IN PLACE.
Page 7 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: ' �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
By signing below,Sponsor represents that Sponsor has had the opportunity to review this Agreement and agrees with all of the
terms and conditions contained herein.The duly authorized representatives of the parties hereby execute this Agreement as of
the Effective Date.
AGREED: AGREED:
3406 North Roosevelt Blvd. Corporation d/b/a The Florida International University Board of Trustees
Visit Florida Keys
Er)Signed by: Docu Signed by:
�\^
��'��
66A4D15092B9416.._ 2DC9CD729AD24D4_.
Diane Schmidt David H.Snider
Chairperson Assistant Vice President, Business and Finance
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida International University
Florida Keys
Date: 1/13/2025 Date: 1/13/2025
*Reviewed&Approved by the
FIU Office of the General Counsel*
Page 8 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: — V;S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
EVENT APPENDIX A
The Event(s):
Event Name: Drag Brunch (the"Event")
Location: Miami Beach Bandshell,7275 Collins Avenue, Miami Beach
Date(s)of Event: Saturday, February 22,2025 Price Per Ticket: $225
Time of Event: 12pm—3pm Event Capacity': 400
Event Recognition: Supporting Sponsor
Terms related to the Event(s):
1. Activation. Sponsor will provide a table-top item to be served to guests. Sponsor will also have the opportunity to bring in
a mutually agreed upon drag queen to represent the Florida Keys as part of the Event show.Sponsor will receive a total TBD
footprint to accommodate the signature red shoe. Any custom, Sponsor-supplied installation must reside within this exact
footprint, as described. All costs associated with the footprint, including, but not limited to, equipment, decor, staffing, dry
goods, etc., shall be the sole responsibility of Sponsor. All elements and product must reside in Sponsor's exact footprint
(storage space is available for additional product on-site and must be arranged through the Site Producer). An outline or
proposal and color photograph for all elements of Sponsor activation and design must be submitted to the Festival by Friday,
November 15,2024 or within fifteen(15)days after execution of this Agreement for approval by the Site Producer,not
to be unreasonably withheld or delayed. Failure to meet this deadline may result in certain elements of Sponsor's plan being
denied and/or will limit the time for denied elements to be revised. All Festival and applicable governmental fire and safety
codes, rules and regulations must be strictly adhered to.The Festival will have final authority governing placement, layout,
installation and operation of all Festival-controlled venues.
2. Product Requirement.As part of its activation at this Event,Sponsor will provide a requisite amount of product to serve all
guests at this Event.The featured products will be served to attendees at no additional cost to Event patrons.The Sponsor
will remove any unused product at the conclusion of the Event. Should the Sponsor wish to keep any unused product at the
conclusion of the Event, it is the responsibility of the Sponsor to make arrangements in advance for any unused product to
be removed from the site within the assigned breakdown time,and to clear those prior arrangements on site with the Event
Manager.The Festival has no responsibility or liability to the Sponsor for any unused product once the Event has concluded.
Festival policy does NOT permit the solicitation of on-site sales by sponsors; no cash and carry activity will be permitted at
any time.
3. On-Site Recognition. Sponsor will receive recognition on all relevant signage related to this Event, and in any verbal
recognition of the Event's sponsors by host or Festival representative.
Sponsor acknowledges and agrees that any number provided herein is an estimated number only and is not intended to be relied on by Sponsor as part of its
consideration in entering into this Agreement. (��
Page 9 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: �—'n,a �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
EXHIBIT A
p)p I� Official Guide
S 0. BEWIFF
SOUTH BEACH WINE&FOOD FESTIVAL
��� '., b�FPf"5 Pfa�lf6".r7 ltv iCsyal'M � �
%f� w�°Illl�lw� III�II IIII IIIFIESTIVA11 GUIDE
111
IN I MI
xt� �a,_e �, FI U i7hvMI S81.,a„ERNAHO
1
WooT
The Food Network South Beach WIne Food Fa:sI'awraal presented by Ca pItrjl One re u.ar"ns to
;r�x.utho ffa°Hdci frawm TII,%uirsday, Felbruairy 210 thraaugh SLunday, Febiruairy 23,2025 fealiC�u�'�rua
aww1I mnowa»ne d cheh'',,„wine 6,sp;kIts experts,celaafau ut�y'f.daaQuaLa„q and cu.aluurawary �personaVICues,
An as,f dta,.oaco of r'nirw ra, 0-an 66,000 Festival t'W.e lataaimu�; Wil oinjoy a"rrt�e of aa..,hal"Ind ovents
nind trrwteraach ve cu.ullsaaary expaeulenca:,s "w"at h aavor 105 eveints spanning 4,days, the �0ffua�a c'fl
t,u.uIde;rviH serve cis Lf`e go-to paa.uLAcaat ion for r�'nore thar-000,000 alurua lllifiied ireaders,
Rfi-,,rader n raw' ~ gQage ti,uwriffi the(AfVcruaaV (Riide,wa hk-,,,h 'uwM have as '�,5 pass--Qallaang ua�utaa---- for
� � � �IIII ��a"b6
alf of their h estiwraut need , A digital o ftp u<a w:)f t it-i-a Off ci all Gu.uou:e wru H aauVso be a.istIibuted to
over 410,000 Festlf talll r,iievvslu t�ter stulbscirflimirs Pa.autlr ers can enjoy sp ecii ul features, wwrof:ha
Ihe a' gItwaV o dition, tlluc�h as liu°wkra to aatvorinsu;a.> w^webs� tee (dIsplaa"ya ads onust IncIurdair)
Page 10 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: ) �S
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
�� IIIII�� '� ��Illlllki��i��i�� Illllk��� IIIIIII IIIIIII°°°�°IIIIIII IIIIIII �
µpi
/� IIIMtl oPII NII UINr111 fla S VJ)II i Ilfar118dtirV V
fro Tickers were irraat cluw�rrClly purchcrwecl
r0% $39,99�9 or less
by cm toil in the following�tiakes:
$40,000-$�74,9919 w Fllaro ido w C Oil!foil urla
w IVaMr 1f011Vr$75 ,.
/ c+ttpl ticket
//..: $100,000-$$174,999 999 Illimoar� / IVc:wrr Vc r s �erc
1 %,. Barr er�aamc
F1o64.1
Ty /
C4 d1NG Iltl"�
% �wna Ils¢naf�rs
$175,000 nrutl surer^
tl lu
row and
/M5
/ 21 25 �/ % ' i 6 6/
/�/a /� /////
r 26 35 %i�������/ '/i' / / .vl"ik, tlarsw�itru C.tlsaawazlhi
,;% ...
36 45 �%11%%11%%11%%11%%11%%fi lautivll s� " „";�,flollril p
43% "'nillll���' 57%
65+
a g41 4� 4 $
P wu na a �
u µ i.
i
o ri
Doulpage.
bleg al e spread neon onsor rate $17250 full Page Bleed 7. 0 Double page spread. . $12.875 Full Page 7 rlrn 7
p 9 P � P ) g- (Bleed) .2Fi""x925"
/ i
Full a e...... $7110,0 Live Area:C�5 x$.6'
Fulll page non--sponsor rate $9 500 Double Page Spread1 rimy:f4'"x 9"
p b p $7,725 Double Pa ��Inside back Dover_.._.... .. . .. u Spread(Bleed) x 0.25" /�/
Inside back cover(non-sponsor rate)...................$10,250 Live Area:13.20 x 8.20"
Outside back cover........ ... ...... ... .. ...$10,000
Outside back cover(non.-sponsor rate)-. ... ....$13,500
*Sponsor rates only applicable to clients who are Deadline for Space Reservation.NiciveinIllieir'115„2024
official sponsors of SJBIEvt FF'. Barter and/or trade Deadline for Ad Materlais:fofevennlisel 27„2024
rates are not applicable to the guide. Any deviation
from stated rates are subject to approvod. r'= , -
Ads may be submitted via e-mail,WeTransfer or
Dropbox.
1. Ads coin be sent in JPG or PSD format,although high-resolution PDF fides aro- preferred. All files must be in
high--resolution(300dpi at 100%of your ad's dlesired print dimensions)and CMYK. If files are not provided as
CMYK we cannot guarantee an exact match of color on press.
2.A colon proof must accorrnpany the ad for all formats,otherwise we do not accept Inability for files that do not
print to specifications.
3.Live material not Intended to bleed must be kept at least.375"from all sides to allow for trim..
4. Special note on double-page spreads: Perfect alignment... of type- or design ...- across the gutter of two
facing palges is Inot guaranteed. Live material on facing pages should remain at least 25"from the gutter,
Kristi Kinard
kristiksqucired@gmicil.com
3015--992--➢94➢
Page 11 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS:
Food Network South Beach Wine&Food Festival presented by Capital One February 20-23,2025
IF1 lul
UNIVERSITY
Human Trafficking Attestation
In compliance with Section 787.06(13), Florida Statutes, this attestation must be completed by an officer
or representative of a nongovernmental entity that is executing, renewing, or extending a contract with
The Florida International University Board of Trustees or any of its direct support organizations (the
"Governmental Entity").
The undersigned,on behalf of the entity listed below(the"Nongovernmental Entity"),hereby attests under
penalty of perjury as follows:
1. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coercion for labor
or services, as such italicized terms are defined in Section 7.8.7..0.6�., Florida SI:aial:es as may be amended
............................... ........... ...... ... ....................................................................................,
from time totime.
2. If, at any time in the future, Nongovernmental Entity does use coercion for labor or services,
Nongovernmental Entity will immediately notify Governmental Entity and no contracts may be executed,
renewed, or extended between the parties.
3. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated in it
are true, and are made for the benefit of, and reliance by Governmental Entity.
3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys
Nongovernmental Entity
Diane Schmidt
Printed Name
Chairperson
Title
Signature
1/13/2025
Date
Page 12 of 12 3406 North Roosevelt Blvd.Corporation d/b/a Visit Florida Keys INITIALS: ' �S
Addendum
VFK Contract
Terms and Conditions
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after"VFK'"or
Customer'`) and the Florida International University Board of Trustees, herein after"Company")
agree as set forth below.
VFK and Florida International University Board of Trustees hereby enter into this addendum
to the Sponsorship Agreement with Florida International University Board of Trustees
Agreement"). and agrees to the following:
The Agreement includes and incorporates the Sponsorship Agreement and this Addendum.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council
and is funded in part by the Monroe County Board of County Commissioners (County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to
comply with Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70,
Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt Payment Act. Company shall submit to VFK invoices with Supporting
documentation that are acceptable to the Monroe County Clerk of Court and Comptroller(Clerk).
Acceptability to the Clerk is based on generally accepted accounting principles and such laws,
rules, and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the CONSULTANT, but only to the
extent and in the amounts authorized by Section 112.061, Florida Statutes and in accordance
with Monroe County Code Chapter 2, Art. IIL, Div. 3 and Monroe County Travel Policies.
The County"s indemnification is limited and subject to the sovereign immunity provisions of Sec.
768.28, Florida Statutes.
Maintenance of Records: Company shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each parry to this Agreement or their authorized representatives,
shall have reasonable and timely access to such records of each other parry to this Agreement for
public records purposes during the term of the Agreement and for five years following the
1
termination of this Agreement.If an auditor employed by VFK,the County or the Clerk determines
that monies paid to Company pursuant to this Agreement were spent for purposes not authorized
by this Agreement, Company shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, running from the date the monies were paid to Company.
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida applicable to contracts made
and to be performed entirely in the State.. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or
administrative proceeding is initiated or defended by any parry relative to the enforcement or
interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees
and court costs, as an award against the non-pre prevailing parry, and shall include attorney's fees
and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
Nondiscrimination: The Parties agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any parry, effective the date of the court order. The Parties agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101
Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Public Records Compliance. Company must comply with Florida public records laws, including
but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of
Florida. VFK and Company shall allow and permit reasonable access to, and inspection of, all
documents, records,papers, letters or other"public record"materials in its possession or under its
2
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Customer and Company in conjunction with this contract and related to contract performance. The
Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Company.Failure of Company to abide by the terms of this provision shall be deemed a material
breach of this contract and the Customer may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing parry,be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract. Company is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to
or benefit of any service or program contemplated hereunder, and VFK and the Company agree
that neither the Customer nor the Company or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of VFK in his or her individual
capacity, and no member, officer, agent or employee of VFK shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Sccurity's Verify system to
verify the work authorization status of all new employees hired by the Company during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Houicland Security's
GVerify system to verify the work authorization status of all new employees hired by the
subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that
the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien.
Company shall comply with and be subject to the provisions of F.S. 448.095
3
Non-Collusion Affidavit-Company by signing this Agreement, according to law on my oath,
and under penalty of perjury, depose and say that the person signing on behalf of the firm of
Company, the bidder making the Proposal for the project described in the Scope of Work and
that I executed the said proposal with full authority to do so; the prices in this bid have been
arrived at independently without collusion, consultation, communication or agreement for the
purpose of restricting competition, as to any matter relating to such prices with any other bidder
or with any competitor; unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor;
and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; the statements contained in this affidavit are true and correct, and made with full
knowledge that VFK and Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
Florida International University Board of Trustees
V"4 t�- StiJw
2DC-729AD-4_.
Signature
AVP
Title
1/13/2025
Date
*Reviewed&Approved by the
FlU Office of the General Counsel*
4