HomeMy WebLinkAbout23030AGREEMENT INFORMATION
AGREEMENT NUMBER
23030
NAME/TYPE OF AGREEMENT
ADVANCES WEEK THERAPIES 2020
DESCRIPTION
GRANT AGREEMENT / HOST SPONSORHIP STEM CELLS
SUMMIT / MATTER ID:19-2669 / #119 ,
EFFECTIVE DATE
January 10, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/21/2020
DATE RECEIVED FROM
ISSUING-DEPT.
3/2/2020
NOTE
SPONSORSHIP AGREEMENT
This SPONSORSHIP AGREEMENT ("Agreement") is entered into as of the 10th day of
January, 2020 by and between the CITY OF MIAMI, a municipal corporation of the State of
Florida, with a principal address at 444 SW rd Avenue, Miami, Florida 33130 ("CITY"), and
REGENERATIVE MEDICINE FOUNDATION, INC., a Foreign Not For Profit Corporation,
with a principal address at 1900 L Street NW, Suite 215, Washington, D.C., 20036
("RECIPIENT").
RECITALS
WFIEREAS, RECIPIENT is a non-profit that fosters strategic collaborations to accelerate the
development of regenerative medicine to improve health and deliver cures; and
WHEREAS, 2020 Advanced Therapies Week ("Event"), to be held in the City of Miami
("City") from January 21, 2020 through January 24, 2020, is a conference for biomedical
professionals developing, investing, or interested in cell and gene therapies and tissue engineered
products; and
WHEREAS, the Event is designed to foster the City as a business destination for the
biopharma, bio-medical, and advance therapies community and to provide education to biotech
business owners in the City for biotechnology research development, commercialization, and
health care integration; and
WHEREAS, on December 12, 2019 the City Commission adopted Resolution No. R-19-0492,
attached and incorporated herein as Exhibit "A" authorizing the City to provide sponsorship
funding for the Event at a total cost of eighty thousand dollars ($80,000.00) in the form of one
payment of thirty thousand dollars ($30,000.00) from the City's Fiscal Year 2019-2020 budget
and fifty thousand dollars ($50,000.00) of in -kind benefits (collectively, "FUNDING"); and
WHEREAS, REM)! I-NT and the CITY wish to enter into this Agreement to set forth the terms
and conditions relating to the use by RECIPTFNT of the FUNDING as defined below;
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NOW, THEREFORE, in consideration of the promises and the mutual covenants contained
herein, the parties agree to as follows:
THE SPONSORSHIP FUNDING
I. RECITALS. The recitals and all statements contained therein are true and correct and are
hereby incorporated into this Agreement.
II. SPONSORSHIP FUNDING. Subject to the terms and conditions set forth herein and
RECIPIENT's compliance with all of its obligations hereunder, the CITY hereby agrees to
make available to the RECIPIENT the FUNDING to be used for the EVENT, (as defined
below), and as disbursed in the manner hereinafter provided.
III. USE OF FUNDING. The FUNDING shall be used by RECIPIENT as described in Exhibit
"B," attached and incorporated herein by this reference.
IV. COMPLIANCE WITH POLICIES AND PROCEDURES. RECIPIENT understands that
the use of the FUNDING is subject to specific reporting, record keeping, administrative and
contracting guidelines, audit, and other requirements affecting the activities funded by the
FUNDING for the EVENT. RECIPIENT covenants and agrees to comply with such
requirements and represents and warrants to the CITY that the FUNDING shall be used in
accordance with all of the requirements, terms and conditions contained therein, as the same
may be amended during the term hereof. Without limiting the foregoing, RECIPIENT
represents and warrants that it will comply with all FUNDING requirements as outlined in this
Agreement and its Exhibits, and that the FUNDING will be used in accordance with, all
applicable federal, state, and local codes, laws, rules and regulations.
V. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION. To the extent
required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102
of the Code of the City of Miami, as amended ("City Code") are deemed as being incorporated
by reference herein and additionally apply to this Agreement. RECIPIENT understands,
acknowledges, and agrees that:
(a) The CITY must meet certain record keeping and reporting requirements with regard to the
FUNDING and that in order to enable the CITY to comply with its record keeping and reporting
requirements, RECIPIENT shall maintain all records as required by the CITY; and
(b) At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall deliver
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to the CITY such reports and written statements relating to the use of the Grant as the CITY
may require from time to time; and
(c) All costs and expenses of the Project shall be at actual cost with no markups; and
(d) The CITY shall have the right to conduct audits of RECIPIENT's records pertaining to the
FUNDING and to visit and to inspect the EVENT, in order to conduct its monitoring and
evaluation activities, and that RECIPIENT shall cooperate with the CITY in the performance
of these activities; and
(e) RECIPIENT's failure to comply with these requirements or the receipt or discovery (by
monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or inadequate
information shall be grounds for the immediate termination of this Agreement by the CITY.
VI. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the term of
this Agreement, any unspent funds shall immediately revert to the possession and ownership
of the CITY and RECIPIENT shall transfer to the CITY all unused funds at the time of such
expiration, termination, or cancellation.
VII. INSURANCE REQUIREMENTS: Insurance Requirements for the Event are attached and
incorporated herein as Exhibit "C".
VIII. DISBURSEMENT OF FUNDING. Subject to the terms and conditions contained in this
Agreement, and at the time of execution of this Agreement, the CITY shall make available to
RECIPIENT the not to exceed amount of Thirty Thousand Dollars ($30,000.00) in funds for
the Event. the one time payment will be made only after RECIPIENT has submitted to the
CITY and the CITY has received and approved an invoice, (a) which shall be accompanied by
sufficient supporting documentation and contain sufficient details, to constitute a "Proper
Invoice" as defined by Florida Statutes Section 218.73 and 218.74, and (b) which are subject
to verification by the CITY of acceptable FUNDING activities. In no event shall the one time
payment to RECIPIENT under this Agreement exceed Thirty Thousand Dollars ($30,000.00),
nor shall funds be paid in any form other than directly to the RECIPIENT, nor shall the funds
be used in any form inconsistent with the terms, conditions, obligations, and requirements
contained herein.
Subject to the terms and conditions contained in this Agreement, and at the time of
execution of, this Agreement, the CITY shall make available to RECIPIENT the not to exceed
amount of Fifty Thousand Dollars ($50,000.00) in in -kind benefits for the Event. The in -kind
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benefits shall be for the purpose of preserving venues for the Event at the Riverfront Hall
Lobby, James L. Knight Center Lobby and Theater, Riverwalk Terrace, Promenade Upper, and
available meeting rooms as further described in Exhibit "B." In no event shall the in -kind
benefits to the RECIPIENT under this Agreement exceed Fifty Thousand Dollars ($50,000.00),
nor shall the in -kind benefits be paid directly to the RECIPIENT, nor shall the funds be used
in any form inconsistent with the terms, conditions, obligations, and requirements contained
herein.
In no event shall the total FUNDING in the Agreement exceed Eighty Thousand Dollars
($80,000.00).
IX. TERM. The term of this Agreement shall commence on the date first above written and shall
terminate on January 31, 2021; provided, however, that all rights of the CITY to audit or
inspect, to require reversion of assets, to enforce representations, warranties and certifications,
to default remedies, to limitation of liability and indemnification, and to recovery of fees,
expenses, and costs shall survive the expiration or earlier termination of this Agreement.
The CITY, in its sole discretion shall have two (2) one (1) year options to renew this Agreement.
The renewal of this Agreement is subject to the availability of funding and budgetary approval.
X. REMEDIES FOR NON-COMPLIANCE. If RECIPIENT fails to perform any of its
obligations or covenants hereunder, or materially breaches any of the terms, conditions,
obligations, or requirements contained herein, then the CITY shall have the right to take one or
more of the following actions, in addition to any other remedies available to it in law and/or
equity:
(a) Withhold cash payments, pending correction of the deficiency by RECIPIENT;
(b) Recover payments made to RECIPIENT;
(c) Disallow (that is, deny the use of the FUNDING for) all or any part of the cost for the
activity or action for the EVENT not in compliance;
(d) Withhold further awards for the EVENT; and
(e) Take such other remedies that may be legally permitted.
XI. NON-DISCRIMINATION. RECIPIENT, for itself and on behalf of its contractors and sub-
contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin,
age, marital status, sexual orientation, or disability in connection with its performance under
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this Agreement. Furthermore, RECIPIENT represents that no otherwise qualified individual
shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status,
sexual orientation, or disability be excluded from the participation in, be denied benefits of, or
be subjected to discrimination under any program, activity, or event receiving financial
assistance pursuant to this Agreement.
XII. CONFLICT OF INTEREST. RECIPIENT has reviewed and is familiar with the following
provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT.
RECIPIENT covenants, represents and warrants that it will comply with all such conflict of
interest provisions including, but not limited to the:
(a) Code of the City of Miami, Florida, Chapter 2, Article V; and
(b) Miami -Dade County Code, Section 2-11.1.
XIII. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of
funds and continued authorization for EVENT activities, and is subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or change in
regulations.
XIV. CERTIFICATIONS RELATING TO THE FUNDING. RECIPIENT certifies that:
(a) All expenditures of the Grant shall be made only for the EVENT and in accordance with
the provisions of this Agreement.
(b) Reasonable accounting records for the EVENT shall be maintained by RECIPIENT.
(c) The expenditures of the FUNDING for the EVENT shall be properly documented and such
documentation shall be maintained on file by the RECIPIENT.
(d) The FUNDING shall not be used for political activities.
(e) RECIPIENT shall be liable to the CITY for any amount of the FUNDING expended in a
manner inconsistent with this Agreement.
XV. MARKETING.
(a) RECIPIENT shall consult with the City Manager, or his/her designee, regarding all uses
and displays of the recognition of the CITY.
(b) RECIPIENT shall prominently display signage acknowledging the CITY's contributions to
the EVENT at the EVENT.
(c) RECIPIENT shall produce, publish, advertise, disclose, or exhibit the CITY's name and/or
logo, in acknowledgement of the CITY's contributions to the EVENT, in all forms of media
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and communications created by RECIPIENT in relation to this Agreement and/or the
EVENT, for the purpose of publication, promotion, illustration, advertising, trade or any
other lawful purposes, including but not limited to stationary, newspapers, periodicals,
billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio,
or intereet advertisements or postings, or interviews.
(d) The CITY shall have the right to approve the form and placement of all acknowledgements,
which approval shall not be unreasonably withheld.
(e) RECIPIENT further agrees that the CITY's name and logo may not be otherwise used,
copied, reproduced, altered in any manner, or sold to others for purposes other than those
specified in this Agreement. Nothing in this Agreement, or in RECIPIENT's use of the
CITY's name and logo, confers or may be construed as conferring RECIPIENT any right,
title, or interest whatsoever in the CITY's name, identifying information, and logo beyond
the limited right granted in this Agreement.
XVI. DEFAULT. If RECIPIENT fails to comply with any term or condition of this Agreement, or
fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon
the occurrence of a default hereunder the CITY, in addition to all remedies available to it by
law, may immediately, upon written notice to RECIPIENT, terminate this Agreement
whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT
while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT
understands and agrees that termination of this Agreement under this section shall not release
RECIPIENT from any obligations accruing prior to the effective date of termination.
XVII. NO LIABILITY OF '1'HE CITY. None of the respective officers, employees, agents,
representatives, or principals, whether disclosed or undisclosed, of the CITY shall have any
personal liability with respect to any of the provisions of this Agreement. Any liability of the
CITY and of the City under this Agreement shall be subject to the limitations imposed by
Section 768.28, Florida Statutes.
XVIII. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CITY, the
RECIPIENT may only seek specific performance of the Agreement and any recovery shall be
limited to the actual amount of the Event costs not to exceed the amount of FUNDING
authorized for the EVENT. In no event shall the CITY be liable to RECIPIENT for any
additional compensation, other than that provided herein, or for any consequential or incidental
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damages.
XIX. INDEMNIFICATION OF THE CITY. RECIPIENT hereby agrees to indemnify, protect,
save, defend, release, and hold harmless the CITY and its respective officers, employees,
agents, representatives, and principals from and against any and all claims, actions, damages,
liability and expense (including fees, costs, and expenses of attorneys, investigators and
experts) in connection with loss of life, personal injury, or damage to property arising out of
the performance or non-performance of this Agreement and the EVENT, except to the extent
such loss, injury or damage was caused by the gross negligence of the CITY or its respective
officers, employees, agents, representatives, and principals. RECIPIENT shall also require its
contractors to indemnify, save, defend and hold harmless the CITY, its respective officers,
employees, agents, representatives and principals, and further provide certificates of insurance
as stipulated in Exhibit "C."
XX. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of
this Agreement and do not in any way define, limit, describe, or amplify the terms and
provisions of this Agreement or the scope or intent thereof.
XXI. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the
parties hereto relating to the FUNDING, and correctly set forth the rights, duties, and
obligations of the parties. There are no collateral or oral agreements or understandings between
the CITY and RECIPIENT relating to this Agreement or the FUNDING and/or EVENT. Any
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect. This Agreement shall not be modified in any manner except by an instrument
in writing executed by the authorized representatives of the parties.
XXII. CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral
interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same
shall not apply the assumption that the terms hereof shall be more strictly construed against one
party by reason of the rule of construction that an instrument is to be construed more strictly
against the party which itself or through its agents prepared same, it being agreed that the agents
of both parties have equally participated in the preparation of this Agreement.
XXIII. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision
herein contained shall be deemed and construed as a separate and independent covenant of the
party bound by, undertaking or making the sarne, not dependent on any other provision of this
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Agreement unless otherwise expressly provided. All of the terms and conditions set forth in
this Agreement shall apply throughout the term of this Agreement unless otherwise expressly
set forth herein.
XXIV. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and
any terms or conditions contained in any attached documents, the terms of this Agreement shall
govern.
XXV. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing by the non -breaching party.
XXVI. SEVERABILITY. Should any provision contained in this Agreement be determined by a court
of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of
the State of Florida, then such provision shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable to conform with such laws, that same
shall be deemed severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
XXVII. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in
any way, inure to the benefit of any third parties so as to constitute any such third party a
beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise
to any cause of action in any party not a party hereto.
XXVIII. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless
in writing and signed by the authorized representatives of both parties.
XXIX. OWNERSHIP OF DOCUMENTS. Upon request by the CITY, all documents developed,
generated, or created by RECIPIENT pursuant to this Agreement shall be delivered to the CITY
upon completion of this Agreement, and may be used by the CITY, without restriction or
limitation. RECIPIENT agrees that all documents maintained and generated pursuant to this
Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida
Statutes. It is further understood by and between the parties that any document which is given
by the CITY to RECIPIENT pursuant to this Agreement shall at all times remain the property
of the CITY, and shall not be used by RECIPIENT for any other purposes whatsoever, without
the written consent of the CITY.
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XXX. PUBLIC RECORDS. RECIPIENT understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to the CITY, subject to the
provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and
RECIPIENT agrees to allow access by the CITY and the public to all documents subject to
disclosure under applicable law unless there is a specific exemption from such access.
RECIPIENT's failure or refusal to comply with the provisions of this section shall result in
immediate termination of the Agreement by the CITY.
Pursuant to the provisions of Section 119.0701, Florida Statutes, RECIPIENT must comply with
the Florida Public Records Laws, specifically the RECIPIENT must:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the RECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.
E. All records stored electronically must be provided to the CITY in a format
compatible with the information technology systems of the public agency.
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RECIPIENT agrees that any of the obligations in this section will survive the term, termination and
cancellation hereof.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416-1883, PUBLICRECORDS@MIANIIGOV.COM,
AND 444 SW 2ND AVENUE, 9TH FLOOR, MIANII, FLORIDA 33130.
300a. AWARD OF AGREEMENT. RECIPIENT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement, and that it has not offered to
pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of the
FUNDING.
XXXII. NON-DELEGABILITY. The obligations of RECIPIENT under this Agreement shall not be
delegated or assigned to any other party without the CITY's prior written consent which may
be conditioned or withheld by the CITY, in its sole discretion.
XXXIII. CONSTRUCTION OF AGREEMENT, GOVERNING LAW, AND VENUE. This
Agreement shall be construed and enforced in accordance with Florida law without regard to
its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising
out of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction
of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for
its own attomey's fees, costs, and expenses. Moreover, RECIPIENT acknowledges that it shall
adhere to any and all state, local, and federal laws, rules and regulations in undertaking the
EVENT and in complying with this Agreement, to include the Code of the City of Miami,
Florida, as amended.
XXXIV. WAIVER OF JURY TRIAL. RECIPIENT and the CITY hereby knowingly, irrevocably,
voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any
action, proceeding, claim, or counterclaim based on this Agreement and/or the EVENT, or
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arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof,
any amendment, extension, or modification of this Agreement, or any other agreement executed
between the parties in connection with this Agreement, the Project, or any other course of
conduct, course of dealing, statements (whether verbal or written), or any other actions of any
party hereto. This waiver is a material inducement for the CITY and the RECIPIENT to enter
into this Agreement.
XXXV. TERMINATION OF CONTRACT FOR CONVENIENCE. The CITY retains the right to
terminate this Agreement at any time for convenience, without penalty to the CITY. In that
event, the CITY shall give five (5) business days written notice of termination to RECIPIENT.
XXXVI. NOTICE. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered mail,
addressed to the party at the address indicated herein or as the same may be changed from time
to time. Such notice shall be deemed given on the day on which personally served, or, if by
mail, on the fifth (5th) day after being posted, or the date of actual receipt, whichever is earlier.
To CITY:
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Attn: Emilio T. Gonzalez, Ph.D., City Manager
With a copy to:
Office of the City Attorney
444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33130
Attn: Victoria Mendez, City Attorney
To RECIPIENT:
Regenerative Medicine Foundation, Inc.
c/o Capital Connection, Inc.
417 E. Virginia St., Suite 1
Tallahassee, FL 32301
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XXXVII. INDEPENDENT CONTRACTOR. RECIPIENT, its contractors, subcontractors, employees,
and agents shall be deemed to be independent contractors, and not agents or employees of the
CITY, and shall not attain any rights or benefits under the civil service or pension programs of
the CITY, or any rights generally afforded its employees; further, they shall not be deemed
entitled to Florida Workers' Compensation benefits as employees of the CITY.
XXXVIII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
VOLDC. AUTHORITY. Both the CITY and RECIPIENT certify that each possesses the legal authority
to enter into this Agreement. A resolution, motion or similar action has been duly adopted as
an official act of each party's governing body, authorizing the execution of this Agreement,
and identifying the official representative of each to act in connection herewith and to provide
such additional information as may be required by the terms of this Agreement. Upon written
request by the CITY, the RECIPIENT shall furnish to the City within five (5) business days a
copy of the resolution, motion or similar action duly adopted as an official act of the
RECIPIENT, authorizing the execution of this Agreement, and identifying the official
representative of each to act in connection herewith.
XL. SURVIVAL. All obligations (including but not limited to indemnity and obligations to
defend, release, and hold harmless) and rights of any party arising during or attributable to the
period prior to expiration or earlier termination of this Agreement shall survive such
expiration or earlier termination.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
{Remainder of Page Intentionally Left Blank}
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized as of the day and year above written.
ATTEST:
By:
�3I
Print ;�� e: J� R R `) rrRe-N Z CFO Print Name:0240 Sa-E2- FXFe�1)E
�
REGENERATIVE MEDICINE
FOUNDATION, INC., a Foreign Not For Profit
Corporation ("RECIPIENT")
ATTEST:
Y:
Todd B. Hanno
Date:
By 724e t.W
CITY OF MIAMI, a municipal corporation of
the State of Florida ("CITY")
lerk E i rot Gonzalez, Ph.D., City Manager
D.o ate
APPROVED AS TO 1' CE APPROVED AS TO FORM AND
REQUIREMEN CORRECTNESS:
By:
Ann -Marie harp , Director,
Risk Man eme Department
By:
Victo 4 Mende , City Attorney EA
l f-c1669
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EXHIBIT A
City of Miami Resolution No. Resolution No. R-19-0492
ADOPTED December 12th, 2019
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City of Miami
Legislation
Resolution: R-19-0492
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6713 Final Action Date: 12/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE REGENERATIVE
MEDICINE FOUNDATION AND THE CITY OF MIAMI ("CITY") TO PROVIDE
FUNDING FOR THE 2020 ADVANCED THERAPIES WEEK, WHICH IS
DESIGNED TO ESTABLISH THE CITY AS A BUSINESS DESTINATION FOR
THE BIOPHARMA, BIO-MEDICAL, AND ADVANCE THERAPIES COMMUNITY
AND PROVIDE EDUCATION TO BIOTECH BUSINESS OWNERS IN THE CITY
FOR BIOTECHNOLOGY RESEARCH DEVELOPMENT,
COMMERCIALIZATION, AND HEALTH CARE INTEGRATION AT TOTAL COST
OF EIGHTY THOUSAND DOLLARS ($80,000.00) IN THE FORM OF ONE
PAYMENT OF THIRTY THOUSAND ($30,000.00) FROM THE CITY'S 2019-
2020 FISCAL YEAR BUDGET AND FIFTY THOUSAND ($50,000.00) OF IN -
KIND BENEFITS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS OF CITY SPONSORSHIP FUNDING, SUBJECT TO
AVAILABLE FUNDS AND BUDGETARY APPROVAL; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND
AMENDMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
FURTHERANCE OF THE FUNDING ALLOCATION AND APPROPRIATION.
WHEREAS, the City of Miami ("City") wishes to foster innovation and sustainable
entrepreneurial initiatives within the jurisdictional boundaries of the City in order to
become a business destination for the biopharma, bio-medical, and advanced therapies
community; and
WHEREAS, the 2020 Advanced Therapies Week ("Event"), to be held in the City
from January 21, 2020 through January 24, 2020, is a conference for biomedical
professionals developing, investing, or interested in cell and gene therapies and tissue
engineered products; and
WHEREAS, the Event is designed to foster the City as a business destination for the
biopharma, bio-medical, and advance therapies community and to provide education to
biotech business owners in the City for biotechnology research development,
commercialization, and health care integration; and
WHEREAS, the Event is hosted by the Florida -based Regenerative Medicine
Foundation ("RMF") and is the original, translation -focused, interdisciplinary networking and
partnering conference in the stem cell science and regenerative medicine field; and
WHEREAS, the sponsorship agreement between RMF and the City requires funds
for the Event in an amount not to exceed thirty thousand dollars ($30,000.00) and in -kind
City of Miami Page 1 of 2 File ID: 6713 (Revision: C) Printed On: 2/6/2020
File ID: 6713 Enactment Number: R-19-0492
benefits in a total amount of fifty thousand dollars ($50,000.00) for the purpose of
preserving venues for the Event at the Riverfront Hall Lobby, James L. Knight Center
Lobby and Theater, Riverwalk Terrace, Promenade Upper, and available meeting rooms;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute an agreement,
in a form acceptable to the City Attorney, between RMF and the City to provide sponsorship
funding for the Event at a total cost of eighty thousand dollars ($80,000.00) in the form of one
payment of thirty thousand dollars ($30,000.00) from the City's Fiscal Year 2019-2020 budget
and fifty thousand dollars ($50,000.00) of in -kind benefits with the option to renew for two (2)
additional one (1) year periods of City sponsorship funding subject to the availability of funding
and budgetary approval.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, modifications, and amendments, all in a form acceptable to the
City Attorney, to complete and further the grant allocation and appropriation.
Section 4. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City.
City of Miami Page 2 of 2 File ID: 6713 (Revision: C) Printed on: 2/6/2020
EXHIBIT B
Advanced Therapies Week 2020 Proposal
Page 15 of 18
44° ADVANCED
THERAPIES
o WEEK
20-24 JANUARY 2020
Advanced Therapies Week
City of
Miami
Following ongoing discussion between The City of Miami, Howard R Miller Communications, Phacilitate and
the Regenerative Medicine Foundation, the purpose of this document is to summarise the City's host
sponsorship of Advanced Therapies Week 2020 (January 20-24, at the Hyatt Regency Hotel and Knight
Center).
Primary objectives:
X Highlight the City of Miami as the business destination for the biopharma, bio-medical and advanced
therapies community
X Educate biotech business owners of the City of Miami's infrastructure for biotechnology research,
development, commercialization and healthcare integration
Target audience:
;t CEOs, CSOs, COOs of therapy companies and contract services seeking to expand globally
X Tech companies seeking to capitalise on the science -rich infrastructure and talent pool of Miami
<: Local, national and global universities and not for profit healthcare organizations
Proposal based on investment of $30,000 in cash + $50,000 in -kind benefits
Through digital and physical touchpoints, this proposal will position the City of Miami as the leading destination at
the world's largest advanced therapies conference and expo.
Digital Promotion
X The City of Miami will be presented as the exclusive Host Sponsor of Advanced Therapies Week in all
relevant promotional outlets
➢ Positioned as Host Sponsor on the home page of advancedtherapiesweek.org
> 'Things to do in Miami' on website, event magazine and app
> 'Why Miami' content piece in event magazine and website
> PR activity to promote the city
➢ Logo and corporate profile featured on the website and in the event magazine
Thought Leadership
Y An exclusive Executive Breakfast Roundtable focused on Biotech Business Expansion to be hosted
by the City of Miami.
> All organization coordinated by Phacilitate including room hire, catering and photography
➢ Invitations sent to Enterprise Florida, BioFlorida, Florida Organisation of Regenerative
Medicine, Converge Miami, The Dean of the University of Miami Medical School and
selected investors, the Dean of the Florida International University Medical School, big
pharma, biotech, contract services and tech companies.
> A write-up of the roundtable to be written by a subject matter expert, designed and created
for digital and, print distribution by Phacilitate
> Write-up to be distributed by Phacilitate through all media channels including Phacilitate
Exchange
X City Manager Emilio Gonzalez to give welcome address on the 215t January 2020 (4pm-6pm)
Networking
X Host sponsorship of the expo reception on Tuesday 21st January 2020
X An exhibition booth or networking zone to talk about 'Why Miami?'
X Access to the partnering app for one-to-one meeting arrangement
X 4 x additional delegate passes for city staff
Breakdown of $50,000 in -kind benefits
City of Miami space required from 21st to the 24th January 2020
a. Riverfront hall lobby
b. James L Knight lobby
c. James L Knight Center Theater
d. Riverwalk terrace
e. Promenade Upper
f. 3rd floor meeting rooms (Merrick 1 and 2, Johnson 1 and 2, foster 1 and 2, boardroom, president
room, Zamora, Stanford)
Supporting Data:
Phacilitate Leaders World and World Stem Cell Summit have experienced remarkable attendance growth
over the last four years:
X 2017 = 900 attendees
®( 2018 = 1400 attendees
X 2019 = 1650 attendees
X 2020 projection = 1800 attendees
i( Average stay 3.6 nights
X $250-$550 per night
2( Approx. $588,000 in accommodation spend
X 1470 room nights at the Hyatt
:( +210 nights in 10 neighbouring hotels
Who are Phacilitate?
X We help the Advanced Therapies ecosystem advance the field through collaboration
s( Phacilitate Leaders World and WSCS, 15 years, 1650 attendees, 44 countries
X Digital community of 22,000 creating white papers, video and business intelligence
The Advanced Therapies Sector
)( CAGR 22% (2018-2026)
)( Surpassing $35B by 2026
)( 906 biotech in 2018 (from 748 in 2017)
)( 15 approvals worldwide with 55 expected
)( by 2022 (92 currently at Phase III)
)( 73% more investment from 2017 to 2018
Who are the Regenerative Medicine Foundation?
X Non-profit fosters strategic collaborations to accelerate the development of regenerative medicine to
improve health and deliver cures
X Producing its flagship World Stem Cell Summit
Honoring leaders through the Stem Cell and Regenerative Medicine Action Awards
X Publishing The World Stem Report with our journal partner, Stem Cells Translational Medicine;
Promoting policy and educational initiatives
X For further information about RMF please visit: http://regmedfoundation.org/
EDIT C
INSURANCE REQUIREMENTS
Page 16 of 18
INSURANCE REQUIREMENTS -ADVANCE THERAPIES WEEK 2020
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Premises and Operations Liability
Primary Insurance Clause Endorsement
Host Liquor Included
Hired and Non Owned Auto
H. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
C. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
Page 17 of 18
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
Page 18 of 18
/MO MARSH
14th January 2020
To whom it may concern
Confirmation of Insurance: Clarion Events Limited
Anthony Marriage
Client Advisor
Marsh Ltd
The St Botolph Building,
138 Houndsditch, London, EC3A 7AW
0207 357 2026
anthony.marriage@marsh.com
www.marsh.com
Re:
City of Miami Sponsorship World Stem Cell Summit & Phacilitate World Miami Conferences
- James L.Knight International Centre, Miami, Floirda, USA
Event Date: 21stto 24th January 2020
As requested by the above client, we are writing to confirm that we act as Insurance Brokers to
the client and that we have placed insurance on its behalf as detailed below:
EMPLOYERS LIABILITY
INSURER: Chubb Insurance Company of Europe SE
POLICY NUMBER: 36021437
PERIOD OF INSURANCE: 31st January 2019 to 30th January 2020, both dates inclusive
LIMIT OF LIABILITY: GBP 10,000,000 per occurrence
PUBLIC & PRODUCTS LIABILITY
INSURER: Chubb Insurance Company of Europe SE
POLICY NUMBER: 36021437
PERIOD OF INSURANCE: 31st January 2019 to 30th January 2020, both dates inclusive
LIMIT OF LIABILITY: GBP 10,000,000
EXCESS: GBP 250
Including coverage for host liquor
Registered in England Number. 1507274, Registered Office: 1 Tower Place West, Tower Place, London
EC3R 5BU. Marsh Ltd is authorised and regulated by the Financial Conduct Authority for insurance mediation
activities only. Marsh Ltd conducts its general insurance activities on terms that are set out in the document
"Our'Business Principles and Practices".
This may be viewed on our website http://www.marsh.co.uk/aboutMarsh/pdnciples.html
LEADERSHIP, KNOWLEDGE, SOLUTIONS...WORLDWIDE.
MARSH & MCLENNAN
�.. COMPANIES
00 MARSH
Page 2
14th January 2020
US AUTO
INSURERS: Federal Insurance Company
POLICY NUMBER: (20) 7358 — 42 — 55
PERIOD OF INSURANCE: 31stJanuary 2019 to 30th January 2020, both dates inclusive
LIMIT OF LIABILITY: USD.1,000,000
INTERESTED PARTIES
The interests of the following parties in respect of the City of Miami Sponsorship World Stem Cell
Summit & Phacilitate World Miami Conferences. event are hereby noted with regards to this
insurance:
"Regenerative Medicine Foundation as an additional insured on a primary and non-contributory
basis"
"SMG, City of Miami, The James L.Knight International Centre, their Trustees, Officers,
Employees and Agents."
We have placed the insurance which is the subject of this letter after consultation with the client
and based upon the client's instructions only. Terms of coverage, including limits and deductibles,
are based upon information furnished to us by the client, which information we have not
independently verified.
This letter is issued as a matter of information only and confers no right upon you other than those
provided by the policy. This letter does not amend, extend or alter the coverage afforded by the
policies described herein. Notwithstanding any requirement, term or condition of any contract or
other document with respect to which this letter may be issued or pertain, the insurance afforded
by the policy (policies) described herein is subject to all terms, conditions, limitations, exclusions
and cancellation provisions and may also be subject to warranties. Limits shown may have been
reduced by paid claims.
We express no view and assume no liability with respect to the solvency or future ability to pay of
any of the insurance companies which have issued the insurance(s).
We assume no obligation to advise yourselves of any developments regarding the insurance(s)
subsequent to the date hereof. This letter is given on the condition that you forever waive any
liability against us based upon the placement of the insurance(s) and/or the statements made
herein with the exception only of wilful default, recklessness or fraud.
,4401 MARSH & MCLENNAN
COMPANIES
03C
e4 MARSH
Page 2
14th January 2020
This letter may not be reproduced by you or used for any other purpose without our prior written
consent.
This letter shall be governed by and shall be construed in accordance with English law.
Yours faithfully,
.Anthony Marriage
Anthony Marriage
Client Advisor
MARSH & MCLENNAN
COMPANIES