20170301 SM1c7J
MIAMIBEACH
Commission Meeting
SUPPLEM ENTAL MATERIAL 1 (2t24t2017)
City Hall, Commission Chambers, 3'o Floor, 1700 Gonvention Center Drive
March 1,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Com m issioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article VIl, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolutions
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY AND INDUSTRIAL
ORGANIZATIONAL SOLUTIONS, lNC., DATED APRIL 12,2013; SAID AMENDMENT INCREASING
THE SCOPE OF THE AGREEMENT DURING THE FIFTH CONTRACT YEAR TO INCLUDE
TESTING PROCEDURES FOR THE LIEUTENANTAND CAPTAIN PROMOTIONAL PROCESSES,
IN THE AMOUNT NOT TO EXCEED $58,058.00, INCREASING THE AMOUNT OF THE
AGREEMENT TO APPROXIMATELY $5O2,OOO.OO.
Human Resources
Supplemental updated on 212412017
(Resolution & Attachment)
1
Supplemental 1, March 1,2017
R5 - Ordinance
R5 Y AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY
ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING THE FOLLOWING
CLASSIFICATIONS TO GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS
ASSOCIATION OF FLORIDA (GSAF): CODE COMPLIANCE SUPERVISOR, COMMUNICATIONS
SUPERVISOR, PROPERTY/EVIDENCE SUPERVISOR, PUBLIC SAFETY PAYROLL
ADMINISTRATOR, SECURITY SPECIALIST, AND UTILITY BILLING SUPERVISOR, ALL OF
WHICH WERE PREVIOUSLYCLASSIFIEDAS UNCLASSIFIED EMPLOYEES IN ORDINANCE NO.
1605, THE UNCLASSIFIED EMPLOYEES ORDINANCE; AMENDING AND READOPTING ALL
CLASSIFICATIONS AND GRADES IN ALPHABETICAL ORDER; RENUMBERING ALL SALARY
GRADES; DELETING THE CLASSIFICATION OF WATER SERVICE REPRESENTATIVE; AND;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
First Readinq Human Resources
Commissioner John Elizabeth Aleman
Supplemental updated on 212412017
(Ordinance)
R5 Z AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY
ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: ADDING THE
FOLLOWING CLASSIFICATIONS TO GROUP VI BEING ALL OTHER CLASSIFICATIONS IN THE
CLASStFtED SERVTCE NOT COVERED BYA BARGATNTNG UNtT (COMMONLY REFERRED TO
AS "OTHERS"): BUILDING CODE COMPLIANCE OFFICER, ENVIRONMENTAL TECHNICIAN,
EXCELLENCE PROGRAM ASSESSOR, FIRE INSPECTOR I, FORESTRY FIELD INSPECTOR,
PARK RANGER, QUARTERMASTER, RECREATION AIDE, SCHOOL LIAISON OFFICER,
SEASONAL RECREATIONAL AIDE, SOUND ENGINEER, STOREKEEPER III, STORMWATER
OPERATOR A, STORMWATER OPERATOR B, STORMWATER OPERATOR C, STORMWATER
opERATOR D, TRADESWORKER il (FACtLtTtES MAINTENANCE TRADESPERSON),
TRADESWORKER r (FACTLTT|ES MATNTENANCE WORKER)TRAFFIC CONGESTION FrELD
SPECIALIST, WASTE WATER COLLECTION OPERATOR A, WASTE WATER COLLECTION
OPERATOR C, WASTE WATER COLLECTION OPERATOR D, WASTEWATER COLLECTION
SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR A, WATER
DISTRIBUTION SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR C,
WATER DISTRIBUTION SYSTEM OPERATOR D, WATER METER TECHNICIAN A, WATER
METER TECHNICIAN B, AND WATER METER TECHNICIAN C; DELETING THE FOLLOWING
CLASSIFICATIONS: ARTS, CULTURAL & ENTERTAINMENT DIRECTOR, AND
COMMUNITY/ECONOMIC DEVELOPMENT DIRECTOR; DELETING A DUPLICATE
CLASSIFICATION FOR A SEASONAL POOL GUARD; AMENDING AND READOPTING ALL
CLASSIFICATIONS AND GRADES lN. ALPHABETICAL ORDER; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Readinq Human Resources
Commissioner John Elizabeth Aleman
Supplemental updated on 212412017
(Ordinance)
2
Supplemental 1, March 1,2017
R7 - Resolutions
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE FOLLOWING IN REGARDS TO THE 2017 MAJOR LEAGUE
BASEBALL (MLB) ALL-STAR GAME FAN FEST, TO BE HELD IN THE MIAMI BEACH
CONVENTION CENTER AND ON WASHINGTON AVENUE, FROM JULY 7 THROUGH 11,2017:
THE WAIVER OF RENTAL OF HALLS AAND B OF THE MIAMI BEACH CONVENTION CENTER,
IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($13O,OOO);
AUTHORIZING THE CITY MANAGER TO EXECUTE ASPONSORSHIPAGREEMENTWITH MLB,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND THE CITY MANAGER, IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($1OO,OOO), IN SUPPORT OF THE2017
MAJOR LEAGUE BASEBALL ALL-STAR GAME FAN FEST TO PAY, IN PART, FOR REQUIRED
POLICE AND FIRE OFF-DUTY SERVICES FOR THE FAN FEST; THE WAIVER OF SPECIAL
EVENT PERMIT APPLICATION, PERMIT, AND SQUARE FOOTAGE FEES, IN AN AMOUNT NOT
TO EXCEED SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500); AND THE SPECIAL
EVENT CLOSURE OF A MAJOR ROADWAY FOR SOUTHBOUND WASHINGTON AVENUE FROM
17 STREET TO DADE BOULEVARD, FOR EVENT ACTIVATION AND LOADING FROM JULY 2,
2017 AT 8:00 A.M. UNTIL JULY 13,2017 AT 6:00 P.M., CONTINUOUSLY, AND INCLUSIVE OF
RUSH HOUR PERIODS.
Tourism, Culture and Economic Development
Supplemental updated on 212412017
(Updated Memorandum & Resolution)
3
THIS PAGE INTENTIONALLY LEFT BLANK
4
Agenda ltern C7J-
Date 3-l-t7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT
BETWEEN THE CITY AND INDUSTRIAL ORGANIZATIONAL SOLUTIONS,
lNG, DATED APRIL 12,2013; SAID AMENDMENT INCREASING THE SCOPE
OF THE AGREEMENT DURING THE FIFTH CONTRACT YEAR TO INCLUDE
TESTING PROCEDURES FOR THE LIEUTENANT AND CAPTAIN
PROMOTIONAL PROCESSES, !N THE AMOUNT NOT TO EXCEED
$58,058.00, INCREASING THE AMOUNT OF THE AGREEMENT TO
APPROXI MATELY $5O2,OOO.OO.
WHEREAS, on July 18,2012, the Mayor and City Commission adopted Resolution No.
2012-27941, approving and authorizing the City Manager to execute a Professional Services
Agreement with lndustrial Organizational Solutions, lnc. (Consultant), for testing services to
determine qualified applicants for Police and Fire entry level positions, classified promotional
classifications, and consultation services (the Agreement) in a not to exceed amount of
$75,400.00; and
WHEREAS, on April 17, 2013, the Mayor and City Commission adopted Resolution No.
2013-28182, approving an amendment to the Agreement (Amendment No. 1) to provide
additional testing services during the first contact year for Police and Fire entry level positions,
in an amount not to exceed $70,000.00; and
WHEREAS, on October 16, 2013, the Mayor and City Commission adopted Resolution
No.2013-28396, amending Resolution No.2013-28182, approving an amendment to the
Agreement (Amendment No. 2); said amendment increasing the scope of the Agreement to
provide testing services for the Ocean Rescue Division of the Fire Department, in an additional
amount not to exceed $ 38,000.00 (Amendment No. 2); and
WHEREAS, on October 22, 2014, the Mayor and City Commission adopted Resolution
No. 2014-28775, approving Amendment No. 3 to the Agreement; said amendment increasing
the scope of the Agreement to provide testing services for the Fire Department, in an additional
amount not to exceed $71, 000.00; and
WHEREAS, on July 8,2015, the Mayor and City Commission adopted Resolution No.
2015-29061, approving Amendment No. 4 to the Agreement; said amendment increasing the
scope of the Agreement to provide testing services for the Police Department during the third
contract year, in an additional amount not to exceed $120,000; and
WHEREAS, on February 10, 2016, the Mayor and City Commission adopted Resolution
No.2016-29291, approving Amendment No.5 to the Agreement; said amendment increasing
the scope of the Agreement to provide testing services for the Police Department, in an
additional amount not to exceed $ 69,400; and
WHEREAS, the Police Department requires the services of the Consultant during the
fifth contract year in connection with the testing procedures for the Lieutenant and Captain
Promotional Processes, in the total amount not to exceed $58,058, increasing the total amount
of the Agreement to an amount not to exceed $501,858.00.
5
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment
No. 6, to the Agreement between the City and lndustrial Organizational Solutions, lnc., dated
April 12,2013; said Amendment increasing the scope of the Agreement during the fifth contract
year to include testing procedures for the Lieutenant and Captain Promotional Processes, in the
amount not to exceed $58,058.00, increasing the amount of the Agreement to approximately
$502,000.00.
PASSED AND ADOPTED this day of 2017.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
6
I N DU STR IAL/E] RG,A.N IZATIoN,AL S o LUTIoN 5
ExpEtrT::l ,tt TH!: scrFjt't[]F {f tr irllFtl lrt :iArif-\, qr-r ts tlatrlrr
Statement of Work
Client: Miami Beach Fire Department
Project Title: Lieutenant and Captain Promotional Processes
The purpose of this document is to describe the components of the project that will be
performed and to document the associated costs. The table on the following page will describe
the anticipated profect steps and associated costs. Should any component of the project need
to be modified, IOS will contact the client and explain the required modification and any
associated pricing change. Any future change in the proposed prolect must be mutually
acceptable to the City of Miami Beach and lOS.
Approximate Commencement: February 20 I 7
7
The following tables contain potential options and breakdowns of the project steps/components and the
associated costs. The City of Miami Beach will determine which options/processes to be selected.
Project Kick-off and Planning: Phone conference or face-to-face meeting to
review project details, finalize project timeline, discuss expectations, and assign
roles and responsibilities
Candidate orientation: DeliverT of candidate preparation presentation for both
ranks (department may choose to do this via online video).
Written Examination Development Develop 175 draft items for the multiple-
choice iob knowledge examinations. Review of examination questions with
SMEs to conduct CVRs and Angoff ratings; and to select final 150 questions for
the Captain examination and the Lieutenant examination.
Written Examination Administration: Administer written exams, scoring and
response to cand idate appeals/challenges. Assumes one adm i nistration.
(additional days needed for on-site appeal sessions would be billed at the rate of
$ 1,000/day)
Written Examination Appeal Session Administration: I l/O Staff member on-site
to administer appeal session and collect appeal responses. Two days on-site at
the rate of $ I,000 per day.
Oral Assessment Development Design and development of two oral exercises
each for the Captain and Lieutenant assessments.
Oral Assessment Administration: lncludes assessor training, administration
oversight of the assessment, scoring, and preparation of results, appeal
Oral Examination Appeal Session Administration: I l/O Staff member on-site to
administer appeal session and collect appeal responses. Two days on-site at the
rate of $ 1,000 per da
Project technical report to document iob analysis, validation, outcomes,
recommendations for the future, etc.
8
Assessor Recruitment for 8 assessors
Assessor costs (per diems, sites, meals, travel etc.). OFF-SITE cost = $8, 980,
ON-SITE cost = $ 12,360. (breakdown is presented below)Paid by the City
Facility procurement costs for exams, assessments and appeal sessions
Ad min istrative expenses (printing, sh ipping)
IOS staff travel expenses, estimated at 5 trips:
o I consultant, 2 days for orientation
o I consultandanalyst I day for exam admin
o I anabrst 2 days for exam appeals
o I consultant and l-2 analyst(s) for 2 days for oral admin
for 2 days of oral aooeals
Billed directly to City
TOTAL Project InvestmenUCost
Assessor Arrangement Options
OFF-SITE lN CHICAGO (4 assessors, 2 +l
for 3 days, 4 assessors (trainins + assessinq videos
for assessor to train and work (2 rooms, 3 $ I 25/day per room
$ I 2/assessor per day
Mileage reimbursement for assessor driving (estimated 60 miles
TOTAL
9
*l/O assumes that the city will be responsible for securing assessors, providing all accommodations for
assessors, securing facilities (test administration facility, assessment center site). l/O can provide a
revised SOW or a change order if the city desires for l/O to manage the coordination of other aspects
of the process, such assessment sites, assessor recruitment and accommodations, etc.
The above table identifies all facets of the project for which l/O Solutions is being engaged. Should any
of the project components need to be modified or additional components/facets added, the proposed
hourly rates ($175/hr. for consultants; $65/hr. for item writers; $2S/hour for administrative) will be
applied and appropriate price adjustments will be made.
l/O Solutions will submit invoices according to the following schedule: l/3 upon project
commencement, l/3 after development of the assessment center, and l/3 upon completion (the
technical report will be billed as a separate item). The proposed price is fixed-firm and will be invoiced
according to the above schedule. The line item detail is presented for reference.
Authorizations:
Acceptance by Client:
I acknowledge that I have reviewed this Statement of Work and hereby authorize l/O Solutions and its
representatives to commence work on the project components as described herein.
Signature of Authorized Agent
Title of Authorized Agent
Date
Acceptance by IOS:
IOS agrees to conduct the work outlined herein according to a
both parties.
timeline that is mutually agreeable to
Signature of Authorized Agent
Title of Authorized Agent
Date
10
Agenda ltem RSY
Date ?I-TT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE
CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE GITY OF MIAMI
BEACH, FLORIDA, BY ADDING THE FOLLOWING CLASSIFICATIONS TO
GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS
ASSoclATloN oF FLORIDA (GSAF): coDE coMpLtANcE supERvrsoR,
COMMUNICATIONS SUPERVISOR, PROPERry / EVIDENCE SUPERVISOR,
PUBLIC SAFETY PAYROLL ADMINISTRATOR, SECURIry SPECIALIST,
AND UTILITY BILLING SUPERVISOR, ALL OF WHIGH WERE PREVIOUSLY
GLASSIFIED AS UNGLASSIFIED EMPLOYEES IN ORDINANCE NO. 1605,THE UNCLASSIFIED EMPLOYEES ORDINANCE; AMENDING AND
READOPTING ALL CLASSIFICATIONS AND GRADES tN ALPHABETICAL
ORDER; RENUMBERING ALL SALARY GRADES; DELETING THE
cLASS!FlcATloN oF WATER sERVlcE REPRESENTATTvE; AND;
PROVIDING FOR REPEALER, SEVERABILIry, AND AN EFFECTIVE DATE.
WHEREAS, the City has approximately 1,600 employees what are members of the
Classified service; and
WHEREAS, the Classified service are categorized into six (6) groups: Group I
represented by the American Federation of State, County and Municipal Employees (AFSCME)
Local 1554; Group ll represented by the Fraternal Order of Police (FOP) William Nichols Lodge
No. 8; Group lll represented by the lnternational Association of Firefighters (IAFF) Local 1510;
Group lV represented by the Communications Workers of America (CWA) Local 3178; Group V
represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100;
and Group Vl comprising of all other classifications in the Classified service not covered by a
bargaining unit (commonly referred to as "Others"); and
WHEREAS, there is a need to amend the Classified Salary Ordinance to add eight (8)
classifications, which have been deleted from Group Vll in the Unclassified Salary Ordinance
No. 1605 and moved to Group V represented by the Government Supervisors Association of
Florida (GSAF) as stated in the Public Employees Relations Commission (PERC) Final Order
Clarifying Certificate 1205, Case No. UC-2016-019; and
WHEREAS, there is a need to delete the classification of Water Service Representative;
and
WHEREAS, there is a need to amend and readopt all classifications and grades in
alphabetical order for ease of reference.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
The salary grades for Group V are hereby re-numbered as follows for the first pay period ending
in April 2016.
11
GROUP V: GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) Local 100
A. Salary Grades and Ranges
Annual salary based on 2080 hours Der vear
GRADE MINIMUM MAXIMUM
515 67,323.29 108.738.72
514 61,961.26 100,071.87q13 57,023.59 92,096.45512 52,477.46 84.753.62
511 48,293.19 77,997.98
510 44,443.74 71,780.92
509 40,902.31 66,062.28508 37,642.13 60,795.31
507 34,641.40 55,949.56
506 31 ,880.17 51 ,490.61
The salary grades for Group V are hereby re-numbered as follows for the first pay period ending
in July 2017
GROUP V: GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) Local 100
A. Salary Grades and Ranges
Annual salary based on 2080 hours per vearGRADE MINIMUM MAXIMUM
515 69,342.99 1 12,000.98
514 63,820.10 103,074.03
513 58,734.30 94,859.34
512 54,051.78 87.296.23
51 1 49,741.99 80,337.92
510 45,777 .05 73,934.35
509 42,129.38 68,044.15
508 38,771.39 62.619.17507 35,680.64 57,628.05506 32,836.58 53,035.33
The salary grades for Group V are hereby re-numbered as follows for the first pay period ending
in July 2018.
GROUP V: GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) Local 100
A. Salary Grades and Ranges
Annual salary based on 2080 hours per vear
GRADE MINIMUM MAXIMUM515 71.423.28 1 15.360.91
514 65,734.70 106,166.25
513 60,496.33 97,705.12
912 55,673.34 89,915.12
12
GRADE MINIMUM MAXIMUM
511 51,234.25 82,748.06
510 47 ,150.36 76,152.38
509 43,393.26 70,085.47
508 39,934.54 64,497.74
507 36,751.06 59,356.89506 33,821.67 54.626.39
B. Glassifications and Grades
The following Classifications and Grades for Group V of the Classified Salary Ordinance
No. 789 shall be amended as follows:
GROUP V: GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF)
JOB CODE CLASSIFICATION SALARY GRADE
5207 91 1 Communications Records Custodian 510
4211 Air Conditioning Supervisor 514
4025 Backflow Coordinator 511
5403 Beach Patrol Operations Supervisor 515
4405 Central Services Supervisor 512
3004 City Surveyor 515
3153 Code Compliance Supervisor 513
5202 Communications Supervisor 513
5218 Crime Analyst Supervisor 514
501 3 Crime Scene Supervisor 514
4230 Electrician Supervisor 514
4229 Electronics / lnstruments Supervisor 512
5116 Fire lnspection Supervisor 516
4303 Fleet Operations Supervisor 513
4331 Lead Mechanic 511
4051 Maintenance Supervisor 512
4021 Metered Services Supervisor 513
4221 Paint Supervisor 511
6004 Park Operations Supervisor 512
1811 Parking Facilities Supervisor 510
1 803 Parking Operations Supervisor 512
4269 Plumbing Supervisor 514
5506 Police Records Supervisor 510
5307 Propertv/Evidence Supervisor 515
1144 Public Safetv Pavroll Administrator 512
4011 Pumping Operations Supervisor 513
6107 Recreation Supervisor I 511
13
JOB CODE CLASSIFICATION SALARY
GRADE
4045 Sanitation Operations Supervisor 512
1814 Securitv Specialist 512
3142 Senior Building lnspector 5143106 Senior Engineering lnspector 514
4052 Service Supervisor 509
4003 Sewer Field Operations Supervisor 513
4032 Street Operations Supervisor 512
6125 Tennis Center Manager 506
1132 Utilitv Billinq Supervisor 514
5211 Victims Advocate 511
1610 Warehouse Supervisor 512
4004 Water Field Operations Supervisor 513
4026 Water Meter Supervisor 512
MZ @ive 09
SEGTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
day of
2017.
2017.PASSED AND ADOPTED this
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
Underlines denote additions; S*riketn+eughs denote deletions FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Commissioner John Elizabeth Alem6n)O** ?u A !s/zCttvlttomevrz Dote
14
Agenda ttem (SZ
Date--a-I-i7-
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OFMIAMI BEACH, FLORIDA, AMENDING ORDINANGE NO. 789, THE
CLASSIFIED EMPLOYEES SALARY ORDINANGE OF THE CIry OF MIAM!BEACH, FLORIDA, AS FOLLOWS: ADDING THE FOLLOWTNG
CLASSIFICATIONS TO GROUP V! BEING ALL OTHER CLASSIFICATIONS IN
THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT
(GOMMONLY REFERRED TO AS ',OTHERS,,): BUILDING GODE
COMPLIANCE OFFICER, ENVIRONMENTAL TECHNICIAN, EXCELLENCE
PROGRAM ASSESSOR, FIRE INSPECTOR I, FORESTRY FIELD
INSPECTOR, PARK RANGER, QUARTERMASTER, REGREATION AIDE,
SCHOOL LIAISON OFFICER, SEASONAL RECREATIONAL AIDE, SOUND
ENGINEER, STOREKEEPER III, STORMWATER OPERATOR A,
STORMWATER OPERATOR B, STORMWATER OPERATOR G,
STORMWATER OPERATOR D, TRADESWORKER I! (FAC!LIT!ES
MA!NTENANCE TRADESPERSON), TRADESWORKER t (FACILIT!ES
MAINTENANCE WORKER)TRAFFIC CONGESTION FTELD SPECIALIST,WASTE WATER COLLEGTION OPERATOR A, WASTE WATER
COLLECTION OPERATOR C, WASTE WATER COLLECTION OPERATOR D,
WASTEWATER COLLECTTON SYSTEM OPERATOR B, WATER
DISTRIBUTION SYSTEM OPERATOR A, WATER DISTRIBUTION SYSTEM
OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR C, WATER
DISTRIBUTION SYSTEM OPERATOR D, WATER METER TECHNICIAN A,
WATER METER TECHNICIAN B, AND WATER METER TEGHNICIAN C;
DELETING THE FoLLowlNG CLASSIFIGATIoNS: ARTS, GULTURAL &ENTERTAINMENT DIRECTOR,AND COMMUNITY/ECONOM!C
DEVELOPMENT DIRECTOR; DELETING A DUPLIGATE CLASSIFICATION
FOR A SEASONAL POOL GUARD; AMENDING AND READOPTING ALL
CLASSIFICATIONS AND GRADES !N ALPHABETICAL ORDER; PROVIDING
FOR REPEALER, SEVERABILIW, AND AN EFFECTIVE DATE.
WHEREAS, the City has approximately 1,600 employees what are members of the
classified service; and
WHEREAS, the Classified service is categorized into six (6) groups: Group I
represented by the American Federation of State, County and Municipal Employees (AFSCME)
Local 1554; Group ll represented by the Fraternal Order of Police (FOP) William Nichols Lodge
No. 8; Group lll represented by the lnternational Association of Firefighters (IAFF) Local 1510;
Group lV represented by the Communications Workers of America (CWA) Local 3178; Group V
represented by the Government Supervisors Association of Florida (GSAF), OPEIU, Local 100;
and Group Vl comprising of all other classifications in the classified service not covered by a
bargaining unit (commonly referred to as "Others"); and
WHEREAS, there is a need to amend the Others Salary Ordinance by adding thefollowing classifications: Building Code Compliance Officer, Environmental Technician,
Excellence Program Assessor, Fire lnspector l, Forestry Field lnspector, park Ranger,
Quartermaster, Recreation Aide, School Liaison Officer, Seasonal Recreational Aide, Soind
Engineer, Storekeeper lll, Stormwater Operator A, Stormwater Operator B, Stormwater
Operator C, Stormwater Operator D, Tradesworker ll (facilities maintenance tradesperson),
Tradesworker I (facilities maintenance worker), Traffic Congestion Field Specialist, Waste Water
15
Collection Operator A, Waste Water Collection Operator C, Waste Water Collection Operator D,
Wastewater Collection System Operator B, Water Distribution System Operator A, Water
Distribution System Operator B, Water Distribution System Operator C, Water Distribution
System Operator D, Water Meter Technician A, Water Meter Technician B, and Water Meter
Technician C; and
WHEREAS, there are obsolete classifications and a duplicate classification in Group Vl
that should be deleted; and
WHEREAS, there is a need to amend and readopt all classifications and grades in
alphabetical order for ease of reference.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA:
SECTION 1.
The Grades and Classifications for Group Vl of the Classified Salary Ordinance No. 789 are
amended and readopted in alphabetical order and the classifications, and grades are amended
as follows:
**{<
GROUP Vl: OTHERS
***
B. Classifications and Grades
CLASSIFICATION GRADE
Afrs;€ultural&Entertainment Di reeter 11
Buildinq Code Compliance Officer 15
Case Worker Assistant 2
r 4
Computer Operator 17
Environmental Technician 12
Excellence Prooram AssessorPa{-Time 2
Fire lnspector I 15
Firearms Specialist 17
Forestry Field lnsoector 12
Human Resources Technician 14
lce Rink Technician 12
Park Ranoer 16
Quartermaster 12
ZRecreation Aide
16
CLASSIFICATION GRADE
Recreation Attendant 5
School Liaison Officer+0
Seasonal Pool Guard 11
Ste€s€ne+P€€l€ue+d 602
Seasonal Recreational Aide s 7
Sound Enqineer 24
Senior Electrical lnspector 18
Senior Elevator lnspector 18
Senior Mechanical lnspector 18
Senior Plumbing lnspector 18
Storekeeper lll 12
Stormwater Operator A 12
Stormwater Operator B 11
Stormwater Operator C 8
Stormwater Operator D b
Tradesworker ll (Facilities Maintenance Tradesperson)19
Tradesworker I (Facilities Maintenance Worker)14
Traffic Conqestion Field Specialist 11
Wastewater Collection Svstem Operator A 12
Wastewater Collection Svstem Operator B 11
Wastewater Collection Svstem Operator C q
Wastewater Collection Svstem Operator D 6
Water Distribution System Operator A 14
Water Distribution System Operator B 12
Water Distribution System Operator C 11
Water Distribution System Operator D 8
Water Meter Technician A 14
Water Meter Technician B 12
Water Meter Technician C 11
Water Meter Technician D g
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION3. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
17
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
day of
2017.
2017.PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Underlines denote additions; Strik*nreugh€ denote deletions
(Sponsored by Commissioner John Elizabeth Alemdn)
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
q.r//7
-
Dote
18
Resolutions - R7 C
COMttfl SSION MEMORAN DU M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
March 1,2017
AAIAMI BE*CH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE IUAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, APPROVING THE FOLLOWING IN REGARDS TO THE
2017 NIAJOR LEAGUE BASEBALL (MLB) ALL-STAR GAME FAN FEST, TO BE
HELD IN THE MIAMI BEACH CONVENTION CENTER AND ON WASHINGTON
AVENUE, FROM JULY 7 THROUGH 11, 2A17: THE WAIVER OF RENTAL OF
HALLS AAND B OF THE MIAMI BEACH COIWENTION CENTER, IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED THIRry THOUSAND DOLLARS ($13O,OOO);
AUTHORIZING THE CITY I/ANAGER TO EXECUTE A SPONSORSHIP
AGREEMENT WITH MLB, IN A FORM ACCEPTABLE TO THE CITYATTORNEY
AND THE CITY MANAGER, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($1OO,OOO), IN SUPPORT OF THE 2017 MAJOR LEAGUE
BASEBALL ALL-STAR GAME FAN FEST TO PAY IN PART, FOR REQUIRED
POLICE AND FIRE OFF.DUTY SERVICES FOR THE FAN FEST; THE WA]VER
OF SPECIAL EVENT PERMITAPPLICATION, PERMIT, AND SQUARE FOOTAGE
FEES, IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND FIVE
HUNDRED DOLLARS ($17,500); AND THE SPECIAL EVENT CLOSURE OF A
MAJOR ROADWAY FOR SOUTHBOUND WASHINGTON AVENUE FROM 17
STREET TO DADE BOULEVARD, FOR EVENT ACTIVATION AND LOADING
FROM JULY 2, 2017 AT 8:00 A.M. UNTIL JULY '13, 2017 AT 6:00 P.M.,
CONTINUOUSLY AND INCLUSIVE OF RUSH HOUR PERIODS.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On Tuesday, July 11, 2017, the Miami tUarlins and Marlins Park will host the BSth Major League
Baseball All-Star Game, known as the Midsummer Classic and a tradition that goes back to
1933. This is the first time the Marlins or Miami-Dade County have hosted this event. The
event, which pits the best players from the National League against the best players from the
American League, is an opportunity to welcome local, national and international baseball fans
and provides major exposure for the destination around the world. The 2016 MLB All-Star
Game, held in San Diego, CA, was covered by 2500 writerc and broadcasters on 57 television
and radio netwoks in 14 languages to over 150 countries/ tenitories, showcasing the host city to
Page 664 of 1073
19
over'l 00 Million homes.
As part of the weekend and days leading up to the MLB All-Star Game, a series of annual
events is planned at Marlins Park and throughout Miami-Dade County. One of the most
prominent, popular and well-aftended event of this period is the annual MLB All-Star Fan Fest,
wttich will be held in Miami Beach from Friday, July 7, 2017 until Tuesday, July 1 1, 2017. The
MLB All-Star Fan Fest will be held inside the Miami Beach Convention Center's Halls A and B,
as vrrcll as have activations on the abutting southbound lanes of Washington Avenue, from 17th
Street to Dade Boulevard, attracting up to 125,000 fans throughout the course of MLAAII-Star
Fan Fest festivities. tt/ajor League Baseball has contracted rooms at Miami Beach Hotels for
this week, inclusive of the W South Beach, Royal Palm and Gates Hotels. MLB estimated a
total economic impact of All-Star week to the San Diego region in 2016 of $80 Million, and
projects an economic impact in2017 of $70 Million to Miami-Dade County. Other Miami Beach
hotels and venues will likely attract additional parties and events throughout the week.
ln partnering with the Miami Sports Commission, Miami-Dade County and the Miami Marlins to
bring this event to Miami-Dade County, the following requests are made to the City Commission,
to be amended to Major League Baseball's contracil license agreement with Global Spectrum
for use of the Miami Beach Convention Center from June 30, 2017 to July 14,2017 for the MLB
All-Star Fan Fest.
' Waiver of rent for the Miami Beach Convention Center's Halls A and B for the duration of
the event, including event days load in and load out, with a value not to exceed $130,000.00.' Sponsorchip payment of $100,000.00 to Major League Baseball, in part, pay for off-duty
Police, Fire and other City service required to manage MLB All-Star Fan Fest.' Waiver of special event permit fees (application fee, permit fee and square footage fee)
for the enclosed and ticketed use of southbound Washington Avenue as a sponsor and event
activation area, not to exceed $17,500.00.' Permission to close southbound Washington Avenue, a major roadway in the City of Miami
Beach, from 17th Street to Dade Boulevard, from July 2,2017 at 8:00 am until July 13,2017 al
6:00 pm, inclusive of rush hour periods, for MLB All-Star Fan Fest activations, load in and load
out, per the attached Transportation Department approved lt/aintenance of Traffic (MOT) Plan
and required offduty Miami Beach Police and Fire staffing.
As part of this sponsor agreement, MLB will offer a $10 discount to Miami Beach residents for
tickets to the MLB All-Star Game Fan Fest, and will provide 1,000 tickets to the MLB All-Star
Game Fan Fest to the City in accordance with the City's policy regarding the use and distribution
of tickets to events and productions occuning at City-owned venues and/or City sponsored
events as adopted in Resolution No. 2014-28638.
CONCLUSION
The Administration recommends adopting the attached resolution, allowing closure of
southbound WashingtonAvenue, waiving up to $147,500.00 in facility rent and special event fee
waivers, and providing a sponsorship payment in the amount of $100,000.00 to Major League
Baseball.
KEY INTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As AWorld Class Destination
Page 665 of 1073
20
Amount 1 $100,000.00 Account 1 Resort Tax acci # 160-4300-000349
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
n MLB All-Star Garne Fan Fest MBCC contract
o MLB All-Star Game Fan Fest MOT
u MLB All-Star Gane Fan Fest Resn
Page 666 of 1073
21
LICENSE AGREEMENT
MIAMI BEACH CONVENTION CENTER
THIS LICENSE AGREEMENT (the "Agreement") is made and entered into this 31"t day of January 2Q17, by and between Global
Spectrum, L.P., d/b/a Spectra Venue Management ("Licensor''), as agent on behalf of City of Miami Beach (the "Owner"), having an office at
3000 N.W. 125"'Street, Seagis Building Center Office, Miami, FL 33'167-2515 and Major League Baseball, a corporation ("Licensee")
having an address at 245 Park Avenue, New York, NY 10167.
WHEREAS, the Owner owns the Miami Beach Convention Center (the "Center"), located in Miami Beach, Florida and has engaged
Licensor to manage and operate the Center on the Owner's behalf; and
WHEREAS, Licensor is authorized to enter into contracts on behalf of the Owner for use of space within the Center, Licensee
desires to license space within the Center, and Licensor agrees to license such space, under and subject to the terms and conditions set
forth herein.
INTENDING TO BE LEGALLY BOUND, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED
HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
l. Specific Terms of License.
Portion of Facility (Premises)License Period License Fee
East Exhibit Halls approximately
250,000 gross square feet.
6130(12:01 A.M.)-71612017 (Fri-Thur) Move-ln717-1112017 (Fri-Tue) Show
7112-1412017 (11:59 p.m.) (Wed-Fri) Move-Out
$130,000.00 for space rental based on
(7) move-in days @ $3,250.00 per day,
per hall for (2) halls; plus (5) show days
@ $6,500.00 per day, per hall for (2)
halls; plus (3) move-out days @
$3,250.00 per day, per hall for (2) halls.
Pending Cig of Miami Beach
Commission renial waiver aooroval.
East Side 2"" Level Meeting Rooms
Meeting room availability may be
impacted by the
construction/renovation project for the
temporary relocation of MBCC
services. Final meeting room
availability will be confirmed by the
Licensor no later than 60 days prior to
the initial move-in day.
6130 (12:01 A.M.)-71612017 (Fri-Thur) Move-ln717-1112017 (Fri-Tue) Show
7112-1412017 (11:59 p.m.) (Wed-Fri) Move-Out
lncluded in above license fee.
A. EVENT DESCRIPTION: MLB Allstar Fanfest
B. EXPECTEDATTENDANCE: 34,000
C. DEPOSIT:
Major League Baseball will assume full responsibility for any additionat rental and building expenses incurred by Major
League Baseball for this event.
$130,000.00 Space Rental License Fee
I
Page 667 of 1073
22
D. Event Requirements:
(1) Minimum Licensee perimeter security requirements of two (2) security guards are required on-site beginning one hour
prior to event hours through one hour after event hours, with a four (4) hour minimum. One (1) security guard will be
required at the loading dock during show, move-in and move-out. Additional Security will be required for events serving
alcohol and must be scheduled through Licensor.
Licensee must utilize MBCC Security for staffing at building perimeter entrances. Licensee may supplement MBCC
Security with additional staffing through the contractor of Licensee's choice.
(2) Emergency Medical Technician (EMT) are required to be on-site a minimum (1) hour prior to through (1) hour after
event hours and must be scheduled through Licensor for all public events; and/or all events where alcoholic beverages
are served.
(3) Fire watch and Police coverage will be required and coordinated through the appropriate Cig of Miami Beach
departments.
(4) Exclusive equipment and services, including food and beverage, telecommunications, utility services and rigging and
production personnel can be ordered through Licensor or its designated service provider, at an additional cost. Preferred
audio-visual service and equipment is available on-site.
(5) Additional equipment (staging, chairs, risers, dance floors, etc.) are available at an additional cost, based on
available inventory.
Existing inventory wilt be provided at no charge. Labor for equipment set-up and room re-sefs will be billed at prevailing
rafes.
Please see current Building Users Guide for rates. Rafes are subject to change.
E. Food & Beveraqe:
Centerplate ("F&B Provider") is the EXCLUSIVE FOOD & BEVERAGE PROVIDER of the Center. No food or beverage of any kind will
be permitted to be brought into the facility by the patron or patron's guests or invitees without prior written approval of the General
Manager or Food & Beverage Director. Food items may not be taken off the premises; however, excess prepared food is donated under
regulated conditions to agencies feeding the underprivileged at F&B Provider sole discretion.
F. Shipment to the Center:
Licensor will not accept any deliveries or freight shipments prior to your event move-in. Only your decorator or on-site representative
is responsible for receipt of any & all deliveries.
G. Special Conditions:
1. LicenseFeeincludesgeneral cleaningofcommonareasandrestroomsduringoccupancyincludingeventhoursandone(1)hour
prior to and (1 ) hour after event. Additional cleaning services are available as follows:i. A minimum of four (4) staff will be required for janitorial cleaning, and additional as deemed necessary by Licensor.1. Cleaning shall not include individual booths.2. Any cleaning necessary (before, during or after event hours or upon move-out) shall be billed to Licensee at
prevailing rates.
ii. Garbage dumpster removal will be required (one removal minimum) at prevailing rates, and scheduled as necessary per
Licensor. First dumpster removal is provided complimentary.
2. Pursuant to Section 1 5 of the General Terms and Conditions, Licensee shall be responsible for all registration and/or ticketing for
this Event. Licensee shall not be obligated to provide to Licensor complimentary tickets or admission credentials for the Event.
3. Coat check locations shall be managed and operated at the Licensee's discretion exclusively through Centerplate, subject to their
prevailing charges for such services.
4. Licensor will provide, without additional cost to Licensee, full house lighting, heating or air conditioning for Licensed Space
during move-in, event hours and move-out. Licensor reserves the right to limit use of air conditioning during periods when
overhead freight doors are open, to prevent undesirable condensation within the space.
5. Event install/removal is inclusive within Licensed Space (as identifled per section l.B. above). Any additional space and dates
will be subject to availability and additional cost.
6. Licensee has the exclusive right to sell, distribute and otherwise promote the sale of MLB merchandise and products of MLB
2
Page 668 of 1073
23
sponsors or partners within the MBCC.
7. Decorations and decor will be approved on the interior property of the MBCC. Any d6cor thal competes with existing advertising rights,
for example, soft drinks, are subject to prior written approval of Licensor. All decorations and decor can be displayed at no cost. Any
damage or necessary clean-up will be billed to Licensee at cost of repair or cleaning. Outside signage is subject to approval and in
compliance with City of Miami Beach ordinances.
8. All rigging must be coordinated through Licensor and its IATSE personnel. Per point charges will be waived, however standard rigger
labor rates will apply.
9. MBCC will provide full venue paging system with microphone in the FanFest Technical Office.
10. MBCC will allow Licensee's prefened cable TV service to provide arcess to the facility to provide cable TV service to the FanFest.
12. Expressly for the use of the media, all media ports and/or connections existing in the venue will be provided at no charge.
13" The MBCC will provide atl closed-circuit signage to FanFest at no charge. All materials must be fumished ready-to-install per our
system specifications before implementation. MBCC will not incur any costs to upgrade our systems to accommodate FanFest.
14. Licensor acknowledges and agrees that is the intention of Licensee to assign this Agreement to Major League Baseball or its
subsidiaries and affi liates.
15. Re-keying and keys or access cards to meeting rooms are to be furnished at no cost to Licensee. Appropriate charges will be applied
for lost ol unretumed keys or access cards.
H. Other:
All equipment, building services and labor required for the event will be billed at prevailing rates per the Building Users
Guide and is payable (10) days prior to the event.
All additional charges for equipment and building services incurred during the event will be payable at settlement for the
event.
THE ABOVE TERMS ARE SUBJECT IN ALL RESPEGTS TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO,
WHICH ARE INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS AGREEMENT.
lN WITNESS WHEREOF, the undersigned have duly executed this Agreement by their authorized representatives on the date set
forth below.
Licensor:
GLOBAL SPECTRUM, L.P.,
D/B/A SPECTRA VENUE MANAGEMENT
As Agent
By:
Name: Matthew Hollander
Title: General Manager
Date:
Licensee:
MAJOR LEAGUE BASEBALL
Name: Ethan Orlinsky
Title: SVP, Legal Business & Club Affairs
Date:
By:
)
Page 669 of 1073
24
II. GENERAL TERMS AND CONDITIONS
1 . Grant of License; Premises. Subject to the terms and conditions herein set forth, Licensor hereby grants to Licensee the right and license to use the
rooms/space described in Section 1., located within the Center (the "Premises") for the limlted purpose of holding the event described in Section I. (the 'Event"),
andnotforanyotherpurpose. Licenseeshall nothaveaccessrightsorprivilegesinortoanyotherpartoftheCenterbesidesthePremises,exceptforthe
privilege of ingress and egress through the public corridors in the Center, on a non-exclusive basis, as necessary to utilize the Premises. Unless agreed
otherwise in writing by Licensor, the Event is by "invitation only" and will not be open to the public.
2. Dates of Use. Unless this License Agreement (the "Agreement") is earlier terminated pursuant to the provisions hereof, Licensor grants to Licensee the
right to use the Premises for the Event on the date(s) and time(s) set forth in Section l. (the'Term"). The Term may not be extended by Licensee without
obtaining Licensor's prior written permission (which permission may be withheld in Licensor's sole discretion). ln the event the Term is extended pursuant to the
preceding sentence, Licensee shall be responsible for any additional fees and costs required by Licensor in connection therewith.
3. Duties of Licensor. Except as may be otherwise specified in Section I.D through 1.H., Licensor shall, at the sole cost and expense of Licensee, provide (or
cause to be provided), any and all personnel as may be required by Licensor (in its sole discretion) to properly staff the Center for the Event and for the proper and
safe presentation of the Eveni, including without limitation personnel to crowd control, first aid (EMT), fire personnel, badge checkers, supervisors, janitorial staff,
telecommunications staff, internet technology staff, box office staff, ticket takers, concession and catering staff and other necessary support services
customarily provided by Licensor for a like event, as applicable, and additional items, equipment, personnel and seruices (such as telephone, internet and other
services and utilities) which Licensee requests to be provided in connection with the Event and which Licensor is reasonably able to provide, all of which shall
be subject to the approval of Licensor. lt is understood by Licensee that services, labor and equipment will be provided only to the extent of existing available
inventory and in consideration of other Center events and activities.
4. Non-Refundable Deposit. A non-refundable deposit in the amount set forth in Section l.C is due and payable to Licensor according to the payment
schedule set forth in Section l.C. Such deposit shall be credited to the License Fee and reimbursable expenses described below. Licensee shall not be entitled
to the payment of any interest whatsoever on the deposit paid to Licensor. This deposit is non-refundable withoul regard to whether Licensee makes use ofthe
Premises. lf the deposit (or any portion thereof) is not paid on or before the due date(s) specified in l.C, Licensor may terminate this Agreement, in its sole
discretion, by providing writen notice of termination to Licensee. Any such termination shall be in addition to any other right or remedy available to Licensor at
law or in eguity arising out such breach by Licensee, including Licensor's right to recover damages.
5. License Fee. ln consideration of lhe license granted hereunder, Licensee agrees to pay to Licensor (i) a license fee in the amount set forih in Section 1.,
plus (ii) reimbursement for any and all costs incurred by Licensor in connection with Licensee's use of the Premises, including, without limitation, costs incurred
fortheprovisionoftheitems,servicesandpersonnel describedinSection3above. UnlessotherwisesetforthinSectionl.F,all suchfeesshall bepaidby
LicenseepriortotheEvent,accordingtotheschedulesetforthinSectionl.C. Anyadditional costsrelatingtochangesintheeventrequirementsshall,unless
othentrise agreed by Licensor, be paid by Licensee and billed to final settlement. In the event Licensee fails to remit payment when due of any amounts due,
interest shall accrue on such overdue amounts at the rate of 1 Yz o/o per month (18% per annum), or the maximum rate permitted by law, whichever is less.
Unless otherwise agreed by Licensor, payments shall be made by money order, wire transfer, or certified check.
6.Dsle@.s!s:
A. ln the event Licensor is not able to tender possession of the Premises to Licensee because of any delay, then as long as such inability
continues, the License Fee shall be reduced pro-ratably. Licensor shall also be liable to pay any and all costs incurred by Licensee including, but not limited to,
personnel overtime costs, as a result of Licensor's inability to tender possession of the Premises.
B. Should Licensee fail to vacate and surrender the Premises at the end of the License Period, Licensee shall pay to the Licensor $500.00 per
hall,perhourforuseandoccupancyforthatportionofthePremisesthathasnotbeenvacatedandsurrendered. Further,theLicensormayremoveandslore
all goods and chattels at the sole expense of the Licensee and may dispose of any such property if, after the expiration of five calendar days, the Licensee has
failed to remove the property from the possession of the Licensor. The Licensor shall not be liable to the Licensee on account of so removing, storing, or
disposing of any property as provided by this Section and Licensee shall save and hold Licensor harmless from any liability hom another Licensee who is
prevented from occupying lheir licensed portion of the Facility due to the holding over of the Licensee.
7. FoodandBeveraqe:Licensorshall havetheexclusiverighttoprovidefoodandbeverageservicesinconnectionwiththeEvent,actingthroughtheCenter's
contracted food and beverage provider, Centerplate ("F&B Provider"). No other individual or organization is permitted to bring food or beverage products into
the Center without lhe express written consent of Licensor.
8. EventRequirements. Licenseeshall providetoLicensorall necessaryset-upinstructions(personnel,equipment,utilities, layout,etc.)fortheEventno
later than sixty (60) days prior to the commencement of the Term (or, if this Agreement is executed and delivered less than sixty (60) days from the
commencement of lhe Term, then immediately upon execution hereof). Such instructions shall include a copy of a full and complete floor plan for any exhibit at
the Event. lf such instructions are not provided to Licensor by such date, or if changes are made to such instructions after they have been provided to Licensor
and Licensor incurs additional costs or expenses as a result of such changes, Licensee shall be responsible for such additional costs and expenses at
Licensor's prevailing rates. No set-up of any exhibits may begin wiihout proof of approval of such floor plan by the Fire Marshal of the City or County in which
the Center is located, as applicable, and by the Licensor.
9. Advertisinq and Promotion. Licensee shall not publicize, or permit to be publicized, the Event prior to execution of this Agreement by Licensor. Licensee
the Event shall be subject to the prior written approval of Licensor (which shall not be unreasonably withheld). All print and broadcast materials associated with the Event
shall usetheofficial facilitynaine. Licensorreservestherighttodisplayorsell,withoutlimitation,advertisingandpromotionswithinandabouttheCenter,andto
retain all income from such display or sale. Licensee shall not interfere with, block, remove or otherwise disturb advertising or promotions wiihin or about the Center
without the prior written consent of Licensor. Signs containing commercial or sponsored advertising messages must be approved in advance in writing by Licensor.
Lic€nsee agrees to open the Event to the public in accordance with advertised times and in compliance with Center policies,
10. Licenses: Permits. Licensee shall secure prior to commencement of the Term, all licenses, permits and approvals that may be required in connection with
the use of the Premises for the Event, including without limitation those required by ordinances, rules andlor regulations of governmental authorities, and all
licenses required by any performing arts societies such as ASCAP or BMI for music or other copyrighted works to be utilized or displayed at the Event; provided,
however, Licensee shall not be required to secure any permits for the general occupancy of the Center, or any music licenses from SESAC (each of which has
previously been secured by Licensor or the Owner). Licensee shall defend, indemnify and hold harmless Licensor and the Owner from any and all claims, fees,
4
Page 670 of 1073
25
expenses, costs or damages, including reasonable attorneys'fees and court costs, suffered or incurred by such parties in connection with any breach of this
paragraph.
11. lnsurance.
A. Coveraoe. Licensee shall obtain, at its own cost and expense! with insurance companies currently rated A Vlll or better by Best's Key
Rating Guide, commercial general liability insurance that insures all operations of Licensee contemplated by this Agreement. Such insurance shall name Global
Spectrum, L.P. and the City of Miami Beach as additional insureds. Such insurance shall be written with a limit of at least One Million Dollars ($1,000,000) per
occurrence combined single limit for bodily injury, property damage and personal injury. Licensee shall also maintain, at its own cost and expense, with
insurance companies currently rated A Vlll or better by Best's Key Rating Guide, commercial automobile liability insurance, including coverage for the operation
of owned, leased, hired and non-owned vehicles, in the minimum amount of One Million Dollars ($1,000,000) per accident (Pl and PD combined single limit).
Such commercial general liability insurance shall be primary to and not contributory with any insurance coverage or self-insured program of Licensor and
Licensee and their insurance shall have no right of recovery or subrogation against the Licensor. Licensee shall also maintain, at its own cost and expense,
workers'compensation insurance in respect of all employees and any borrowed, leased or other person to whom such compensation may be payable by
Licensee.
B. Certificates. Certificates evidencing insurance required pursuant to this Section 1't shall be provided to Licensor not less than thirty (30)
days prior to commencement of the Term, provided that if this Agreement is executed and delivered less than thirty (30) days prior to the Term, the certificates
shall be provided immediately upon execution of this Agreement. The policies shall also provide, and the certificate shall so note, that the coverage may not be
canceled or that a major change in coverage may not be implemented without at least thirty (30) days' prior written notice given to Licensor.
12. Indemnitv: Limitation on Liability.
A- lndemnification. Licensee hereby agrees to indemnify, defend, and hold harmless Licensor and the Owner and their respective officials,
officers, directors, agents, employees, successors and assigns from and againsl any and all claims, damages, expensesr costs (including, without limitation,
reasonable attorneys' fees) and liabilities (collectively, "Claims') arising or alleged to arise from (i) any breach of this Agreement by Licensee, (ii) any alleged or
actual violation or infringement by Licensee or its employees, agents or contractors of any copyright or other intellectual property right of a third party in
connection with the Event or activities occurring at the Event, (iii) the use of occupancy of the Center by Licensee, its employees, agents, conlractors, exhibitors,
invitees, guests or patrons, and (iv) the acts or omissions, or violation of any applicable law, rule, regulation or order, of or by Licensee or any of its employees,
agents, contractors, exhibitors, invitees, guests or patrons. Notwithstanding the foregoing, the obligations of Licensee in this paragraph shall not apply to the
extent the Claims or Costs arise out of the gross negligence or intentional misconduct of Licensor or its employees or agents.
B. Condition of Premises. Licensor makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitabiliiy
of or compliance with applicable laws by the Premises, or any portion thereof, as built, for any aspect of the use Licensee expects or intends to make of the
Premises. Licensee further agrees that the Premises shall be delivered by Licensor to Licensee "AS lS," "WHERE lS" and "WITH ANY AND ALL FAULTS'and
without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose.
C. LimitationonLiability. Licensorshall notbeliableunderanycircumstancestoLicenseeortoanythirdpartyforanyindirect,special,
punitive or conseguential damages, or loss of revenue or proflts, arising in connection with this Agreement, even if Licensor has been advised of the possibility
of such damages. Furthermore, Licensor shall not be responsible or liable for any injury or death to person or loss or damage to property sustained by
Licensee, its employees, agents, exhibitors, contractors, or any other person claiming through Licensee resulting from any condition, accident or occurrence in
or upon the Premises, unless such injury, loss or damage is due to the gross negligence or intentional misconduct of Licensor or its employees or agents.
D. Survival. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. Compliance With Laws and Rules of the Premises: Taxes. Licensee shall fully abide by, conform to and comply with, and shall cause every person
under its direction or control who is connecled with the performance of any aspect of this Agreement to fully abide by, conform to and comply with all applicable
laws, rules, regulations and ordinances of the United States of America, the State of Florida, the City of Miami Beach and their respective agencies, as well as
all rules,regulationsandpoliciesof Licensorfortheuse,occupancyandoperationofthePremises. Licenseeagreestopaypromptlyall taxesassessedonits
activities at the Center hereunder, including any sales tax on the payment of Licensee's fees hereunder (which shall be in addition to the amounts due hereunder).
14. Use of the Premises.
A. Dutv of Care: Return of Premises. Licensee shall use the Premises in a safe and careful manner. Licensee agrees noi to do or allow to be
done any act which shall mar, deface or injure any part of the Premises, nor shall Licensee change or rearrange any equipment or other property on the
Premises without Licensor's prior written approval. Upon expiration of the Term, Licensee shall deliver up to Licensor the Premises in as good condition and
repair and in the condition received at the beginning of the Term, excepting usual wear and tear. Upon expiration of the Term, Licensee shall immediately
remove from the Center any and all property, goods, or other effects belonging to, or brought into the Center by, Licensee, its employees, agents, contractors,
representatives, guests or invilees. lf Licensee fails to do so, Licensor may store or cause to be stored any such property at Licensee's expense- Alternatively,
Licensor may deem such property to be abandoned and sell such property in such a manner and to such an extent as is permitted by applicable law, and apply
the proceeds of such sale(s) in a mannerdetermined by Licensor in its sole discretion.
B. Licensor Access and Control. Licensee shall, and shall cause its employees, agents and exhibitors and contractors to, follow any and all
rules,regulationsandpoliciesoftheCenter,includinganyinstructionsofLicensor'srepresentativesregardingLicensee'suseandoccupancyoflheCenter. ln
licensing the use of the Premises to Licensee, it is understood that Licensor does not relinquish the right to control the management thereof and to enforce all
necessary rules and regulations. Licensor shall at all times have the right to limit the number of people attending the Event, for the purpose of ensuring the
safety of people and property at the Premises.
C. Disorderly Conduct. Licensor reserves the right at all times to refuse admission to or to cause to be removed from the Event, the Premises
and/or the Center any disorderly person, including Licensee's employees, agents, conlractors, exhibitors, guests and invitees, as determined by Licensor in its
sole discretion, and in the event of the exercise of such authority, Licensee hereby waives any and all claims for damages against Licensor and the Owner on
account thereof.
D. Other Events. Licensee acknowledges that other events or activities may be scheduled within the Center during the Term in areas other than
the Premises. Licensee acknowledges that the public parking areas sunounding the Center are not exclusive to or for the Event contemplated by this Agreement.
5
Page 671 of 1073
26
Licensee agrees to adhere to a "good neighbor' policy and will not permit or allow to be permitted, any activity in the Premises that will disturb use of other areas
of the Center by any other individual, entity, organization or event.
E. Broadcastinq. Licensee shall not televise or broadcast the Event or any part ihereof without the prior wriften approval of Licensor (which
may be withheld in Licensor's sole discretion, and may be conditioned on Licensee paying an additional fee for the privilege to broadcast the Event, or Licensee
procuring additional insurance to cover such broadcasting activities).
F. Dravaoe. The Licensor and the Owner and their respective officials, officers, directors, agents, employees, successors and contracted
service providers will not be responsible for the acceptance of any and all drayage, to include: crates, packages, equipment and/or any other chattels, before,
during or after the licensed Term of the Agreement. All drayage must be delivered and accepted by an authorized official, officer, director, agent, employee
and/or General Service Contractor on or after the first day Licensee takes possession of the licensed area(s) outlined in Section l. of the Agreement. Drayage
delivered to the Center beyond the licensed Term will be deemed undeliverable and returned to the original origin.
15. Tickets/Box Office.
A. Sale of Tickets. Licensee shall provide for the sale and diskibution of all tickets to the Event. Licensee will not permit tickets or passes to
be sold or distributed in excess of the maximum capacity of the Premises, as determined by Licensor in its sole discretion.
B. Taxes. Licensee shall be responsible for filing of federal, state and local tax retums and the payment of all sales, admission, excise and other
taxes due, if any, in connection with the Event or admissions thereto. Licensor shall have the right (but not the obligation) to collect and/or withhold any such taxes or
business license fees due in connection with ticket sales, and to remit such taxes directly to the proper authority or agency.
16.@lntheeventofacancellationbyLicenseeoftheEvent(exceptasmaybeauthorizedbySection1B),nodepositrefundshall
be made. Additionally, and unless indicated olherwise in Section l.H above, Licensee shall be obligated to pay the full amount of fees contemplated to be due
hereunder had the Event actually occured, including without limitation the Food and Beverage Minimum. The parties agree that Licensor will be damaged by any
such cancellation, and that the exact amount of such damages would be either impossible or inconvenient to prove, and that the amounts set forth in the preceding
sentence are a reasonable estimate of the amount of such damages. The parties further agree that such amount shall constitute cancellation fees, and not a penalty
of any kind- The remedies set forth in this section are in addition to, and not in lieu of, any other rights or remedies Licensor may have, at law or in equity, in the event
of a breach or cancellation of this Agreement by Licensee.
Licensor shall use reasonable efforts to re-rent the Premises, and license fees received by Licensor in the re-renting of the Premises shall reduce cancellation fees
owed by Licensee by a like amount, with such reduction not to exceed the full amount of the cancellation fees owed.
lT.Proqrams.NoveltiesandMerchandise. UnlessotherwiseagreedbyLicensorinwriting,Licensorreservestheexclusiverighttooperate,orcontractfor
the operation of, a coat checkroom and program, novelty and/or merchandise sales at the Event (including without limitation programs, t-shirts, CD's, books,
cassetle tapes, DVD's, VHS tapes, lapel pins, photographs and souvenirs), and to receive all income therefrom.
18. @ina!!g. Either party may terminate this Agreement in the event the other party fails to perform any of its material obligations under this Agreement,
and such failure has not been cured within fifteen (15) days (or 5 days in the event of a payment default) after the date on which the breaching party receives
written notice describing such breach in reasonable detail. Notwithstanding the foregoing, in the event Licensee fails to provide the insurance certificate
required herein by the date due hereunder, or if Licensor may suffer irreparable harm as a result of the breach by Licensee, Licensor shall not be required to
wait any period of time before terminating this Agreement or pursuing any remedies hereunder or under applicable law. Any termination of this Agreement shall
notprejudiceanyotherrightorremedyavailabletothenon-breachingpartyatlaworinequity. lntheeventLicensorlerminatesthisAgreementduetoabreach
or default by Licensee, Licensor may retain as damages any fees paid by Licensee under this Agreement (including the deposit), without prejudice to any other
legal rights or remedies Licensor may have.
1 9. Force Maieure. Should Licensee be unable to take possession of the Premises or present the Event due to an Event of Force Majeure, neither Licensor
nor Licensee shall have any liability under the Agreement and Licensee, as its sole remedy and relief, shall receive a refund of any uncommitted or cancelable
advance payments less any expenses incuned by Licensor in preparing for the Event. The term "Event of Force Majeure'shall mean any and all acts of God,
strikes, lock-outs, acts of the public enemy, Iaws, rules and regulations of governmental or quasi-governmental entities, wars or warlike action, anest or other
restraint of govemment (civil or military), blockades, insurrections, riots, terrorism or terrorist threats, epidemics, earthquakes, hurricanes, storms, floods,
washouts, fire or other casualty, civil disturbances, explosions, threats of bombs or similar intenuptions, confiscation or seizure by any govemment or public
authority, nuclear reaction, radioactive contamination, accidents, or any other causes, whether of the kind herein enumerated or othenvise that are not
reasonably within the control or caused by the party claiming the right to delay the performance on account of such occurrence; provided, however, in no
circumstances shall the monetary inability of a party to perform any obligation contained in this Agreement be construed to be an Event of Force Majeure. Upon
removal or cessation of the Event of Force Majeure, the parties' respective rights and obligations hereunder shall be reinstated for any and all subsequent
sessions of the Event remaining in the Term (if any). The Parties expressly acknowledge and agree that the occurence of Zika virus transmissions within the
City of Miami Beach, Florida or elsewhere shall not constitute an Event of Force Majeure under this Agreement.
20. Non-Discrimination I Americans With Disabilitv Act. Licensee agrees not to discriminate against any employee or applicant for employment to be
employed in the performance of or in relation to this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment, or any other
matter directly or indirectly related to such employment, whether on account of race, marital status, color, religion, national origin, ancestry, age, sex, sexual
orientationsorhandicapexceptwherebasedonabona-fideoccupational qualification. WithrespecttotheEvent,Licenseerecognizesthatitissubjecttothe
provisions of Title lll of the Americans With Disabilities Act, as amended (ADA). To the extent that Licensee reconfigures, modifies, alters, rearranges, or otherwise
prepares or'sets up' the Premises or any other portion of the Center in order to accommodate the Evenl, Licensee shall be responsible for ensuring that such areas
comply (and continue to comply throughout the Term) in all respects with the ADA, including without limitation with regard to accessibility, usability, and configuration.
Licensee shall be solely responsible for providing auxiliary aids or any modification of lhe Premises or other portions of the Center that may be required in order to
accommodate the Event, and for ensuring that the policies, practices, and procedures it applies in connection with the Event are in full compliance with the ADA.
6
Page 672 of 1073
27
21, l&s.e!!@.'
A. Entire Aoreement; Amendmenls: Governinq Law. This Agreement represents the entire understanding of the parties hereto with respect to
the subject matter hereof and supersedes any and all prior und6rsmndings, written or oral, among the parties hereto' This Agreement may only be modified or
amended by a subsequent written agreement signed by an authorized re-presentative of Licensor and by Licensee- This Agreement shall be governed by the
laws of the State of Florida applicabie to contracls mad-e and to be perfoimed in such state, without regard to conflicts of laws principles.
B. Notices. Notices by Licensor and Licensee to each other shall be deemed duly given if (i) delivered personally with a signed receipt
evidencing such delivery, (ii) transmitted by telecopier with confirmation of transmission, (iii) mailedby certified mail, return receipt requested, postage prepaid,
or (iii) delivered by duly recognized air courier service to the addresses indicated in the opening paragraph hereof. All notices sent to Licensor shall be sent to
the attention of General Uarialer ana also to Global Spectrum, 3601 S. Broad Street, Philadelphia, Pennsylvania Attn: General Counsel'
C. Assionment. This Agreement shall not be assigned nor.shall Licensee's right to use.the Premises be sublicensed by Licensee without the
prior written consent of Licensor in each instance, wnicn mav te *iii',t'ruto in Licensor's sole discretion. Licensor may assign this Agreement al any time to any
party including, without limitation, any successor owner or operator of the Premises.
D. No Aoencv. The relationship between Licensor and Licensee is that of independent contra_ctors and not agents or employees. under no
circumstances shall this license be considered a contract of partnership or joint venture. Neithei party shall be liable for any of the debts,. accounts, obligations
or other liabilities of the other party, its agents or employees, and neither pirty shall have any authority to obligate or bind the other party in any manner except
as may be expressly provided herein.
E. Waivers. No waiver shall be effective unless in writing and executed by the party to be charged with such waiver. No waiver shall be
deemed a continuing waiver in respect of any subsequent breach or default, whether of similar oi dissimilar nature, unless expressly so stated in wdting'
F. severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and
this Agreement snal nE constiled in all respeits as if such invalid or unenforceable provision were omitted'
G. Effectiveness of Aqreement. This Agreement will not be effective or binding upon Licensor until it has been executed and delivered by
Licensor.
H. Rules and Reoulations. The Rules and Regulations as conlained in the Build Users Guide are hereby incorporated into this agreement'
l. General Manaoer,s Discretion. Any matter not expressly provided for herein shall be within the reasonable discretion of the General
Manager.
J. Complimentary Space. Allowance ol a S% cap of the total net square footage utilized available for verified and approved complimentary
booths: Approved comptim66i;ths would typically include not-for-profit organizations, educational exhibitors, or other community service-oriented
displays generating no direct or indirect revenues or expense to the Show ManagemenVlicensee-
K- Licensee Outside United States. The Licensee hereby represents, warrants and covenants that (a) Licensee and anyof its owners,
affiliates, officers, dlrectors, effiloyees and agents involved in providing s-ervices under this Agreemenl, will comply with all applicable anti-.corruption laws,
including the u.s. Foreign corrupt practices Act and the ur arioery aciand any other applicable jurisdiction; (b-) in carrying out its responsibilities under the
Agreement, neither the Licensee nor any of its owners, affiliates, officers, directors, empioyees or agents will offer' promise or give anything of value' directly or
indirecfly, to (i) any oovemmenrotficialin order to influence official action or otherwise obiain an improper business advantage, (ii) any other person while
knowing that all or any portion ot tne money or thing of value will be offered or given to a Government official or (iii) any other person in order to induce them to
perform their work duties disloyally or otherwise improperly; (c) neither the Lice-nsee nor any of its owners or affiliates ia directly or indirectly owned or controlled,
in whole or in part, by any Government Entity or Gor"rnmeni ofii"ial and no owner, partner, officer, director or employee of lhe Licensee or of any parent or
subsidiary company of the Licensee is or wili become a Government otficial during the term of thls Agreement; and (d) no government is investigating or has in
the past five years conducted, initiated or threatened any investigation of the Licens.ee or any of its owners, affiliates, officers, directors or employees for alleged
board, commission, court or agency, whether civilian or military, or any oi the above, however constituted, a government-owned or government-controlled
association, organization, uuiiness or enterprise, a polificai pariy. rnl term "Government Entities" also includes public international organizations, i'e'
organizations whose members are cruntries, or territories, jovemments of,countries or tenitories, other public international organizations or any mixture of the
foregoing. .Government oflicial,, means any public or elect]ud officiut or officer, employee (regardless of rank), or person acting on behalf-of a national,
provincial, or local government, including a iepartment, "g"n.v,
instrumentality, state-owned or state-controlled company, public international organization
(such as the united Nations oiwortd B;k), or political pirtv, 6irtv official or.anycandidate for politicat office. officers, employees (regardless of rank), or
persons acting on behalf of an entity that is financed in rlrg; ;ea;ure through piblic approp,riations, is wid_ely. perceived to be performing government functions,
6i nas its key-officers and directors Lppointed by a governirent should also be considered "Govemment Officials'"
22. Convention Center Renovation and Exoansion Proiect.
Licensee hereby acknowledges that during the Term herein, the Center may be undergoing construction in connection with that certain capital project to be
undertaken by owner; which project is currenfly referred to as the "Mlami Beach Convention Centei Renovation and Expansion Projecf' (the "Project")'
Licensor shall endeavor to keep Licensee informed of significant Project developments which Licensor determines may have a material impact on
Licensee,s use of the premlli, or portioi.rs thereof, for the Event. 1o the extenl practicabie, Licensor shall use its commercially reasonable efforts to minimize
any such material impact to Licensee's use of the premises (or portions thereof) ior the Event. lf, despite such efforts, Licensor and Licensee mutually
determine that the project is expected to materially impact Licensee's use of the Premises (or portions thereof)for the Event, the parties shall use mutual good
faith efforts to identify and "giu! ,pon alternate piemiies within the Center for the Event, oi for the portion(s) of the Event materially impacted by the Project,
subject to such attemate prei"l."i'I"ing available. lf the pa(ies are unable to mutually agree upon alternate premises within the Center, or such alternate
premises are unavailable, then Licensei may terminate this agreement by providing written notice to the Licensor no less than thirty (30) days prior to the start
of the Event. ln such case, neither party shali have any tiiuititlito the other except tiat Licensor shall return any advance deposits paid by Licensee to Licensor,
less any out of pocket expenses incurrid by Licensor in connection with the Event (which Licensor may retain).
7
Page 673 of 1073
28
Licensee acknowledges that during the Project there may be times where normal construction activities may create noise, vibration, dust, or other
environmental impactsthatmaybeobservablewithinth-espaceslicensedunderthisAgreement. Licenseefurtheracknowledgesthatduringtheprojecttheremaybe
modifications to the entry, egreis, loading, and circulation spaces that may include, but may not be limited to the creation of temporary passages within the facilitythat
may occur within or adjacenl to areas of ictive construction, the relocation of entry or exiting doors, the assignment of specific loading docks, and other temporary
adjuslments to the movement of people and freight through the Center. Licensee acknowledges that the conditions identified in this Paragraph are an anticipated
element of the use of the Center'during the Projict and as such do not constitute a material impact on the Licensee's Event as defined in the Section.
[END OF AGREEMENT]
8
Page 674 of 1073
29
30
RESOLUTION NO.
A RESOLUTION OF THE Ii/|AYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE FOLLOWING IN
REGARDS TO THE 2017 rulAJOR LEAGUE BASEBALL (MLBIALL€TAR
GAIIJIE FAN FEST, TO BE HELD IN THE MIAMI BEACH CONVENTION
CENTER AND ON YI'ASHINGTON AVENUE, FROM JULY 7 THROUGH 11,
2O17: THE I,IIAIVER OF RENTAL OF HALLS A AND B OF THE MtAMt
BEACH CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THIRTY THOUSAND DOLLARS ($t30,000); AUTHORIZING
THE CITY MANAGER TO EXECUTE A SPONSORSHIP AGREEIUIENT
WITH MLB, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
THE CITY MANAGER, IN AN AITIIOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($TOO,OOO}, IN SUPPORT OF THE 2017 MAJOR
LEAGUE BASEBALL ALL.STAR GAME FAN FEST TO PAY, IN PART,
FOR REQUIRED POLICE AND FIRE OFF.DUW SERVICES FOR THE FAN
FEST; THE WAIVER OF SPECIAL EVENT PERMIT APPLICAT|ON,
PERI,IIT, AND SQUARE FOOTAGE FEES, IN AN AMOUNT NOT TO
EXCEED SEVENTEEN THOUSAND FIVE HUNDRED DOLI.ARS (${7,500};
AND THE SPECIAL EVENT CLOSURE OF A MAJOR ROADWAY FOR
SOUTHBOUND WASHINGTON AVENUE FROM 17 STREET TO DADE
BOULEVARD, FOR EVENT ACTIVATION AND LOADING FROM JULY 2,
2017 AT 8:00 A.M. UNTIL JULY 13,2017 AT 6:00 P.M., CONTINUOUSLY,
AND INCLUSIVE OF RUSH HOUR PERIODS.
WHEREAS, Major League Baseball (Mlr-B) has chosen Miami-Dade County, the
Miami Marlins, and Marlins Park to host the 88'n annual Major League Baseball Atl-Star
Game, also known as the Midsumrner Classic; and
WHEREAS, the MLB All-Star Game and festivities are broadcast on 57 television
and radio networks in 14 languages to over 150 countries or territories; and
WHEREAS, the MLB All-Star Game willbring a projected $70 Million in economic
impact to Miami-Dade County, inclusive of hotel bookings in Miami Beach; and
tttHEREAS, MLB All-Star Game festivities will occur throughout Miami-Dade
County, inclusive of the MLB All-Star Game Fan Fest which will be held at and next to the
Miami Beach Convention Center from July 7 ,2A17 through July 1 1,2017; and
WHEREAS, MLB will offer a $10 discount to Miami Beach residents fortickets to the
MLB All-Star Game Fan Fest, and will provide 1 ,000 tickets to the MLB All-Star Game Fan
Fest to the City in accordance with the City's policy regarding the use and distribution of
tickets to events and productions occurring at City-owned venues andlor City-sponsored
events as adopted in Resolution No. 2014-28638; and
Page 676 of 1073
31
WHEREAS, the City of Miami Beach is a partner with Miami-Dade County, the
Miami $po*s Commission, and the Miami Marlins in attracting this event to Miami-Dade
County for the first time in MLB's history; and
WIIEREAS, the Administration recommendo that the Mayor and City Commission
approve the waiver of the rent of the Miami Beach Convention Center's Halls A and B, in
an amount not to exceed $130,000.00, for the MLB All-Star Game Fan Fest; authorize the
City Manager to execute a sponsorship agreement with MLB, in a form acceptable to the
CityAttorney and City M*nager, in an amount notto exceed $100,000.00, in suppo(of the
2A17 MLB All-Star Game Fan Fest to pay, in part, for required police and fire off-duty
services for the Fan Fest; waive the special event permit application, permit, and square
footage fees, in an amount not to exceed $17,500.00, and approve the special event
closure of a major roadway for southbound Washington Avenue frorn 17 $treet ts Dade
Boulevard for event activation and loading from July 2, 2A17 at 8:00 a.m. until July 13,
2lfi at 6:00 p.m., continuously, and inclusive of rush hour periods,
NOVII, THEREFORE, BE IT DULY RT$OLVED BY THE MAYOR AND CITY
COM[,llS$lON OF THE CITY OF MIAMI BEAC]|, FLOH.IDA, that the Mayor and City
Commiesion hereby approve a waiver of the rent of the Miami Beach Convention Center's
Halls A and B, in an amount not to exceed $130,CI00.00 for th* MLB All-Star Game Fan
Fest; authorize the City Manager to execute a $ponsarship agreementwith MLB, in a form
acceptable to the City Attorney and the Ci$ Manager, in an amount not to exceed
$'!0S,000.00, in support of the MLB All-Star Game Fan Fest to pay, in part, for required
police and fire *ff-duty services for the MLB All-Star Game Fan Fest; a waiver of special
application, permit, and square footage fees, not to exceed $17,500.00; and the special
event closure of a major roadway for southbound Washington Avenue from 17 Street to
Dade Boulevard from July 2,2017 at 8:00 a.rn. to July 13, 2017 at 6:00 p.m", continuously,
and inclusive of rush hour periods.
PASSED and ADOFTED this day of March, 2017 "
AfiEST:
Fhilip Levine
Mayor
Rafael E. Granado
Ci$ ebrk
APPROVED AS TO
FORM & IANGUAGE
& FCIR EXECUTION
T:\AGENDA\2017\3 - March\TCE*\r\{LB A$G Fan FestWLB ASG Fan Fes Reso.doc
Page 677 of 1073
),"*, €E{k *g,r,C*vAnornv"r* Oota
32