RESOLUTION 91-20261 RESOLUTION NO. 91-20261
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
1990-93 INTERLOCAL AGREEMENT WITH THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU; AND
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
ENTER INTO SUCH AGREEMENT.
WHEREAS, the City of Miami Beach is desirous of amending and
restating the Interlocal Agreement with the Greater Miami
Convention and Visitors Bureau.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the attached Interlocal
Agreement is approved; and the Mayor and the City Clerk are
authorized to execute such Agreement.
PASSED and ADOPTED this 6th day of March , 1991.
i// /
MAYOR
ATTEST:
CITY CLERK
CBT: jh
FORM APPROVED
LEGAL DEPARTMENT
Date: fl
&re./ Neaste
Salad
FLORIDA 3 3 1 3 9
i
*i1NCORPuORATED j* V A CA TI(SNL A NL) U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
//57/COMMISSION MEMORANDUM NO.
DATE: March 6, )991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico
City Manager "
SUBJECT:
1990-93 INTERLOCAL AGREEMENT WITH GREATER MIAMI
CONVENTION AND VISITORS BUREAU
Attached is the 1990-93 Interlocal Agreement between the City of
Miami Beach and the Greater Convention and Visitors Bureau. The
most noteworthy changes from last year's Agreement are as follows:
1. Change from a one year Agreement to a three year
Agreement;
2 . Convention solicitation travel for sixteen people
allowable from public funds;
3 . Interest expense payments prohibited from public funds.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
the attached Resolution approving the 1990-93 Interlocal Agreement
with Greater Miami Convention and Visitors Bureau.
CBT: jh
Attachments
06
AGENDA i
ITEM
DATE
12 February 1991 coNvErnIoN &vlsr TORS - IJR- Eft
Mr. Rob Parkins
Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: 1990-93 INTERLOCAL AGREEMENT
Dear Mr. Parkins
Enclosed for your consideration and action is the "1990-93
Interlocal Agreement" between the GMCVB and its Interlocal
Partners .
As to the Amendments for Section 2 . 02 , regarding travel for
certain Bureau staff, I have enclosed a copy of Mr. Stierheim' s
letter to Mr. Avino regarding this matter and Mr. Avino ' s approval
of the changes .
I have also enclosed for your information a copy of the most recent
"Destination Miami and the Beaches" which as you know was recently
renamed from "Destination Miami . " Also enclosed is a copy of the
Miami Beach Convention Center Brochure produced by the Bureau .
As you know the Bureau recently hired full time staff for the
recently opened Miami Beach Visitors Center at the Miami Beach
Chamber of Commerce Offices . I understand from Bruce Singer that
the Center is extremely successful .
Also enclosed is a chart that shows the number of room nights
booked as a result of conventions scheduled for the Miami Beach
Convention Center. Our goal for 1989-90 was 300, 000 room nights
and we actually booked 322 , 300 room nights . As of 31 January 1991
we are ahead of schedule for this year with a goal through 31
January of 100, 000 room nights and actual performance of 107 , 970 .
We would appreciate your scheduling this matter for City Commission
consideration as soon as possible. Your continued support is
greatly appreciated. Good luck in Palm Springs .
Sincerely,
2‘_494:
William D. Talbert
Enclosures
7q1 Rrici<011 2700. FlorOP 2'3131
P15) 539-3000. 1X 522697: F"/' (305) 539-3113
/AGENDA •
ITEM
08
DATE � "
GMCVB
MIAMI BEACH CONVENTION CENTER
1989/90 1990/91 YTD
ACTUAL ROOM NIGHTS BOOKED 322300 107970
GOAL FOR ROOM NIGHTS 300000 100000
ROOM NIGHTS BOOKED [as of 1 /31 /91 ]
350
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1989/90 1990/91 YID
FISCAL YEAR
•:•:•:•:• ACTUAL ROOM NIGHTS ® ROOM NIGHT GOALS
09
MIAMI
CONVENTION &VISITORS BUREAU
August 10, 1990
Mr. Joaquin G. Avino
County Manager
METROPOLITAN DARE COUNTY
111 NW 1st Street
Suite 2910
Miami, FL 33128
Dear Joaquin:
After several meetings with the Dade County Audit and Management
Services staff, we are in agreement with your recommendations on
resolving the depreciation and interest expense items remaining on
the Bureau's fiscal year 1987-88 audit.
Specifically, we acknowledge your acceptance of our position that
since depreciation is a noncash expense, these charges are not
viewed as a use of public funds. Therefore, no adjustment to our
financial statements is required.
As for interest expense, we both agree that interest expense is not
a prohibited expense in the current Interlocal Agreement. I 'm
prepared to agree with your position on interest expense, but
Joaquin I have to confess that I do this with reluctance and let
me tell you why. In the County when you make a capital acquisition
or construction of a capital asset you often issue revenue bonds
and then annually budget the interest and principle expense for
those bonds. The only major expenditure that the Bureau made
(before I came on the scene) , was in purchasing all of its
furniture and computer equipment, etc. For that, a note was
secured with a bank, which carries interest. Respectfully, I would
suggest to you that there is absolutely no difference in the
analogy on the revenue bond and the note that the Bureau has .
That notwithstanding, I am prepared to support an amendment to the
Interlocal Agreement which will in fact specify that interest be
paid out of private funds and not public funds. If acceptable to
you, we will have concluded all of the outstanding issues relating
to the Bureau's 1987-88 fiscal year, including the Dade County
Audit.
—13
701 Brickell Avenue, Suite 2700, Miami, Florida 33131
(305)539-3000, TX 522697, FAX(305)539-3113
Mr. Joaquin G. Avino
August 10, 1990
Page Two
The Bureau and Department of Audit and Management Services have
also agreed that no adjustment to interest expense is necessary
for fiscal year 1988-89 and we are in the process of adjusting
j g
fiscal year 1989-90 expenditures to show that no interest expense
is charged to public funds .
In our discussions with Dr. O'Connor, Director of the Department
of Audit & Management, we further agreed that when the Bureau ' s
sales personnel travel to secure or solicit (promote) a major
association, e.g. , the American Dental Association, and incur
travel expenses, that these expenses are a legitimate public
expenditure of resort tax revenue consistent with the State
enabling legislation. I am also proposing that the Interlocal
Agreement be modified to reflect the legitimacy of those
expenditures from public monies . While I travel similarly to
achieve the same objectives, none of my travel expenses as
President of the Bureau will be paid for out of public funds and
can continue to be excluded under the Interlocal Agreement.
I believe that with the interest expense prohibition and staff
travel authorization amendments to the Interlocal Agreement, the
Bureau will be able to fully accomplish its goals within prudent
guidelines for the management of public funds.
Finally, I would appreciate your giving consideration to a multi-
year Interlocal Agreement that will provide for annual audits with
appropriate re-opener or cancellation clauses for cause. This is
similar to how it is done in other Florida jurisdictions . Please
give me a call at 539-3100 if there are any questions and thank you
for your cooperation.
///°." .--
Sincer 1 ,
Merrett R. Stierheim
President
-14-
11
. .
METROPOLITAN ,ADE COUNTY, FLORIDA
METR r
7-1
METRO-OADE CENTER
OFFICh OF COUNTY MANAGER
SUITE 2910
111 N.W. 1st STREET
MIAMI, FLORIDA 33128-1994
(305) 375-5311
November 8 , 1990
Mr. Merrett R. Stierheim
President
Greater Miami Convention and
visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, Florida 33131
Dear Merrett:
Our staff has reviewed the details of your letter of August
22, 1990 , and we concur with
your responses . Therefore, I
am asking that you incorporate the terms of this letter
in
the new Interlocal Agreement which is beingprepared
approval by P P for
the various parties .
I look forward to working with you in the implementation P n of
the revised Interlocal Agreement .
Sincerely,
.
Joaquin G. Avino, P.E. , P.L.S .
County Manager
pc: Patrick O'Connor, Director
Audit & Management Services
Willis Patterson, Assistant Controller
Finance Department
Joni Armstrong-Coffey
Assistant County Attorney
-12-
12
), /5 )
_5 /
1990-93 INTERLOCAL AGREEMENT
BETWEEN
DADE COUNTY, CITY OF MIAMI BEACH,
THE CITY OF MIAMI, AND THE VILLAGE OF BAL HARBOUR
AND
GGNTRAGT-WITH GREATER MIAMI CONVENTION AND VISITORS BUREAU
•
WHEN RETURNING FOR FIAT R
REVIE PLEASE IDENTIFY, AS
TABLE OF CONTENTS
Sections
Page
1 Contract with the Bureau
3
1 . 01 Bureau Functions
3
1 . 02 Reports, Records and Evaluation
5
1 . 03 Compliance with Law
6
1 . 04 Status of Bureau as Independent
Contractor; Indemnification 6
1 . 05 The Bureau Board of Directors 7
2 Funding
7
2 . 01 Contributions from Each
Participating Public Agency;
Disposition of Special Event Monies 7
2 . 02 Public Funds to be segregated
from Private Sector Monies 9
2 . 02 ( a) Method of Payment and
Disbursement 9
2 . 02 ( b) Prohibited Expenditures from
Public Funds 10
2 . 03 No Impairment of Bond
Obligation; Option to Appropriate
Alternative Revenue Sources 10
3 Public Record and Open Meetings
g
Policy 11
4 Duration of This Agreement 11
5 Notices 11
i
1990-93 INTERLOCAL AGREEMENT
AND
CONTRACT-WITH GREATER MIAMI CONVENTION AND VISITORS BUREAU
THIS 1990-93 INTERLOCAL AGREEMENT AND-CONTRACT is made and
executed as of this /9141 day of 1991 ,, by and
between DADE COUNTY, a political subdivision of the State of
Florida (the "County" ) , the CITY OF MIAMI BEACH '
a municipal
corporation organized and existing under the laws of the
State of
Florida ( "Miami Beach" ) , the CITY OF MIAMI a municipal corpora-
tion organized and existing under the laws of the
State of
Florida ( "Miami" ) the VILLAGE OF BAL HARBOUR, municipal
municipal
corporation organized and existing under the laws of the
State of
Florida (the "Village" ) , and GREATER MIAMI CONVENTION AND
VISITORS BUREAU, INC. , a Florida not-for-profit corporation
P p lon
( formerly Tourism Industry Coalition of Greater Miami,rami, Inc. )
(herein the "Bureau" ) :
RECITALS:
A. By Interlocal Agreement originally executed as of
October 1 , 1984 , recorded in Official Records Book 12329 , Page
288 , of the Public Records of Dade Count Florida, and as
amended from time to time, by-Amendment-te-Interleeal--
Agreement
reeerded-:gin-Offieial-Reeerds-Bee.k-12489;-Pa e-443--ef-the--
g Publie
Reeerds-ef_Dade-Ceunty;-Flerida-as-amended-b -a-Seeend-Ame --
y nded &
Restated--InterleEal--A reement-- - -- -
g dated- as of -8eteber-I;--I986-
reeerded-in--- Offieial-Reeerds--Beek-13189 ,---at-Pa e--294--e --
g f the
Publie-Reeerds_e f-Dade-Ceuiaty--Flerida;-and-as-amended-b - -
y a Third
Amended-and-Restated-Interleeal-Agreement-dated-as-ef--Bete - -
be r1 ,
1984--reEerded-in-Offieial-Reeerds--Beek-13681;-P 9 : . we h
REVI , PLLASE IDENTIFY AS
Publie-Reeerds--ef-Dade--Ceunty---Flerida--and--as- - --
, amended- by a
Feurth-Amended-and-Restated-Interleeal-A reement-da - -
g ted 9Eteber -
� ,
1988;-reeerded-in-Bffieial-ReEerds--$eels-}4148--at-Pa - ---
, ge �58� , of
the-Publie--Reeerds--ef--Bade-Ceunt ---Flerida-- __
�', f tegether herein
eelleetively-referred--to-as--the-nInterleeai-- u _
Agreement -} , Dade
County, Miami Beach, Miami and the Village g (together the
"Participating Public Agencies" or individually the
"Participating Public Agency" ) created a consortium pursuant to
the authority granted to each such Participating Public p g Agency in
Part I of Chapter 163 , Florida Statutesthe
( "Act" ) , for the
purpose of establishing a unified effort in theromo '
p tion and
marketing of conventions and convention sales in Dade County,
Florida.
B. Pursuant to authority granted to the Participating
ipating
Public Agencies under the Act, a contract was enteredwith
into with
the Bureau, under which the Bureau agreed to carry rry out tourism
and convention promotions, bookingand sales activities ivlties on behalf
of the Participating Public ( reserving Agencies reservin
g g to each Partic-
ipating Public Agency the continued right, at
g its option, to
separately promote and book certain special events ) .) . It is the
goal of the Participating Public Agencies that suchservices services be
conducted in the most efficient and effective manner possible,
utilizing a larger fund of
g public tax dollars and privately
contributed resources, which the individual Public
Agency would
not otherwise have available alone, with the additional advantage
of having available the experience andartic '
p ipation of all
segments of the business community itself.
2
C. The Participating Public Agencies and the Bureau desire
to enter into a 1989-99 1990-93 Interlocal Agreement g ent to advance
the above-stated goals;
NOW THEREFORE, the parties agree as follows :
SECTION 1 . Contract with the Bureau.
SECTION 1 . 01 Bureau Functions . The Participating p g Public
Agencies hereby contract with the Bureau for theerf
p ormance by
the Bureau of the following tourism and convention sales and
promotion functions :
( a ) To develop, promote, market, book and secure
conventions, trade shows and group business;
( b) To expand, develop and promote tourism in
the
domestic and world markets , through consumers,
,
travel agents, tour operators , wholesalers,
airline marketing, media, advertising, and other
modalities determined by the Bureau;
(c ) To maintain programs and services, whereP ractica-
ble, in connection with the marketing and promo-
tion
romo-tion of conventions and tourism, including conven-
tion services, tourist reservation services , and
other operational and administrativero rams in
P g
connection therewith; to prepare and distribute
brochures, pamphlets and other advertising dvertising lnfor-
mation, in a manner generally accepted in the
tourism and convention industry, disseminating
information about the Dade County area and the
Participating Public Agencies; to cooperate with
3
(h) To enter into contract with agencies, corpora-
tions, persons, or other entities, to accomplish
p � h
any or all of the above;
( i) To perform any other function reasonably related
to the policy and purpose of this Agreement.
The Participating Public Agencies acknowledge •
9 that priority
for booking shall be given to convention and •
group business that
results in hotel room occupancy.
SECTION 1 . 02 Reports, Records and Evaluation.
The Bureau
agrees : ( 1 ) to provide to each of the Participating Public
ng Public
Agencies, within ninety (90 ) days after the end •
Y of each fiscal
year of the Bureau, an annual audited report covering •
P the receipt
and expenditure of public andrivate funds,ds, prepared by an
independent certified public accountant, •
in accordance with
generally accepted accounting principles and practices consis-
tently
s-
tently applied; (2) to prepare and submit •
P to all Participating
Public Agencies, by October 317--19897 of each •
year of this
Agreement, a copy of the Bureau' s budget for thatfiscal fiscal year;
( 3 ) to permit any Participating Agency Public g ncy to carry out
monitoring and evaluation activities in such •
manner as will
effectively insure the cooperation of the Bureau and its Board of
Directors in the performance of the Bureau ' s
functions, so long
as such inspection and monitoringdoes es not unreasonably impede or
interfere with the functions of the Bureau, and •
such monitoring
and evaluation activities ' may include inspection of records of
all expenditures fromublic and nd private funds; (4 ) to provide to
the Participating Public Agencies such
g reports as may be
5
/0
•
segments of the private tourism and convention
business community for the booking of hotel
reservations, tour packages, car rentals, and
other such services, and conducting activities
normally provided by like convention and visitors
bureaus in other parts of the nation;
(d ) To engage in tourism and convention research and
planning, and to conduct campaigns of information,
advertising, publicity, marketing or sales relat-
ing to tourism, conventions and convention events;
(e) In general to conduct or assist in the conducting
and carrying out of any program or7 ro 'ect de-
signed to attract visitors and conventions within
the market areas of the Public Agencies , and to
g
encourage and cooperate with public and private
organizations or groups , hotels, motels, restau-
rants and other tourist related entities in their
efforts to promote and attract tourists and
conduct conventions;
( f) To employ, engage, compensate and discharge
barge
personnel necessary to carry out the foregoing
g g
functions, and to budget, administer and implement
the funds received by •it •
(g) To accept, receive and expendrivate monies ,
,
gifts, fees , revenues and donations , in addition
to the public funds transferred to it by the terms
of this Agreement;
4
7
reasonably requested by them, and to provide, not less often than
quarterly, an activity and financial ,re ortsettingforth
P
generally the activities of the Bureau during the previous
quarter; ( 5 ) to permit each ParticipatingPublic Agency g enc
y to
conduct, at its own expense, a full and detailed annual audit
of
the Bureau' s records to determine how the Bureau utilizedub
p llc
money contributed under this Agreement and to permit each Agency
g Y
to conduct, at its own expense, quarterlyinspections of
P the
Bureau' s records to the extent that those records relate to
public funds . Any such audits or inspections shall be conducted
in such manner and at such times so as not
to unreasonably
interfere with the day to day operations of the Bureau.
SECTION 1 . 03 Compliance with Law. The Bureau shall comply
P Y
with all applicable laws of the Federal, state and localove -
g rn
ments relating to its activities.
SECTION 1 . 04 Status of Bureau as Independent Contractor;
Indemnification. The parties hereto understand and agree that
the relationship of the Bureau to each Participating Public
g
Agency is that of an independent contractor. In carrying out its
Y g
functions under this Agreement, the Bureau is not, nor shall
it
ever be construed as, the agent or representative of any Partic-
ipating Public Agency, and this Agreement is not intended to
establish a partnership, a joint venture, or relationship the relationship of
principal and agent. The Bureau shall indemnify and hold harm-
less each Participating Public Agency from any claims, suits,
demands or liability, of whatever nature, brought byothers
wherein
any Participating Public Agency is made a party, through
ugh
6
/1
suit, claim, demand or otherwise, arising out of any activity of
the Bureau under this Agreement. The Bureau shall take out and
maintain adequate liability insurance, in reasonable amounts,
consistent with general practices in the industry, insuring
g
against those types of claims, suits or demands normally covered
by liability insurance relating to convention and visitors
bureaus, and shall name the Participating Public Agencies es as
co-insured by endorsement. Policies or certificates of such
insurance shall be available to any Participating Public Agency
Y
if and when requested.
SECTION 1 . 05 The Bureau Board of Directors . The Bureau
shall be managed by a Board of Directors, having such number of
members and such composition as may be determined from time to
time by the Bureau. At the option of any Participating Partici atin Public
Agency, the Mayor of such agency or his (her) repre-
sentative
designated g
(who shall be a member of the electedovernin bodyof
g g
the Participating Public Agency) may sit as a voting member of
the Board. The manager or manager' s designee ofsuch Partic-
ipatingg any
Public Agency may also attend such Board meetings ex
officio, without a vote. The Board of the Bureau mayact through
gh
an Executive Committee, which shall meet between meetings of the
Board. The composition of the Executive Committee shall be as
determined from time to time by the Bureau.
SECTION 2 Funding.
SECTION 2 . 01 Contributions from Each Participating atin Public
Agency; Disposition of Special Event Monies. The manner in which
each Participating Public Agency will provide financial support
7
/v)
for the purposes set forth in this Interlocal
Agreement shall be
as follows :
( a) The County shall contribute annually sixty percent
( 60%) of its Tourist Development Tax revenues,
collected pursuant to Section 125 .0104, Florida
Statutes, and Dade County Ordinance No. 78-62, as
amended from time to time, less an amount allowed
by law for collection costs, and less the sum
of
$500, 000 for distribution by the County at its
discretion for special events and other tourism
related activities.
( b) Miami Beach shall contribute annuallythe
lesser
of (1 ) fifty percent (50%) of the net revenues
collected from its municipal resort tax, levied
pursuant to Chapter 67-930, Laws of Florida, and
the respective municipal ordinances applicable
thereto, as amended from time to time less
$250,000 annually for special events and less
$125,000 for collection costs, or ( ii ) the net
revenues collected from its above referenced
municipal resort tax, less any and allP Y a ments
required under any resolutions or ordinances
pursuant to which bonds or other indebtedness of
the City of Miami Beach are issued which are
r
secured by the resort tax, and less $250,000
annually for special events, and less $125,000 for
collection costs. In the event Miami Beach
8
/3
contributes the amount described in (ii ) it shall
also contribute an amount equal to the difference
between (i) and (ii) from an alternative revenue
source other than the municipal resort tax as
provided in SECTION 2.03 below.
(c ) Miami shall contribute $100, 000 annually. It
should be noted that the hotel property in the
City of Miami remitted $2,663 ,287 in tourist
development tax revenues in 1989-90. Such amounts
constitute 35% of the total tourist tax dollars
collected by Dade County.
(d) The Village shall contribute at least $100, 000
annually.
-e$ The-Village-anal-Miami-shall-eentribute-annually-an
amount-that--is-agreed--open-in--writing-with--the
Bureau-
The contributions described in this section shall
only be used for purposes authorized by the Florida Local Option
Tourist Development Act.
SECTION 2 . 02 Public Funds. The Bureau shall maintain
public funds in an account or accounts segregated from and not
commingled with any privately raised funds .
(a) Method of Payment and Disbursement. Each partici-
pating Public Agency shall transfer to the Bureau its
required share of the tax revenues described herein
within 30 days after the last day of the month in which
the Participating Public Agency received the funds.
9
( b) Prohibited Expenditures from Public Funds. The
Bureau shall not expend public funds for the •
following-
Bureau staff travel and entertainment except that
travel ex.enses for u. to sixteen 16 •ersons whose
Bureau •ositions a..ear in Exhibit A will be •ermitted
when soliciting or promoting a major convention or
corporate meeting booking or travel trade; any matters
relating to the Bureau' s function as an Association,
including but not limited to membership dues and
salaries of personnel whose duties relate to membership
marketing; the salary, benefits and perquisites of the
Chief Executive Officer; interest expenses on loans to
the Bureau and fer expenses relating to activities
beyond the scope of this Agreement.
SECTION 2 . 03 No Impairment of Bond Obligation; Option to
Appropriate Alternative Revenue Sources . In the event any
Participating Public Agency determines that the allocation of tax
revenues required to be made under Section 2 . 01 above may impair
air
the obligation of any contractual arrangement between the Partic-
ipating Public Agency and the holders of its bonds secured by
said tax revenues , the ParticipatingAgency Public shall
appropriate to the Bureau an alternative revenue source equal to
that amount of the Municipal Resort rt Tax or County Tourist Devel-
opment Tax, as the case may be, that would otherwise have been
requiresi by the Participating Public Agency during the then
current fiscal year (the "Substituted Revenue Source" ) . In the
event the Participating Public Agency upon making a determination
n
10
/ 5
that its bond obligations would be impaired, failscontribute
to contribute
to the Bureau a substituted revenue source, saidParticipating
Participating
Public Agency' s participation in the Interlocal Agreement shall
be forthwith terminated; provided, however, that in the event of
such termination, said Participating Public Agency y shall continue
to be bound by any prior committed contract, convention reserva-
tion or other commitment dulymade bythe
Bureau.
SECTION 3 Public Records and Open Meetings Policy.y. The
Bureau shall adhere to the policy attached as Exhibit B to '
this
Agreement regarding access to its Board of Directors and Execu-
tive Committee meetings as well as its corporate records .
cords .
SECTION 4 Duration of This Agreement. The term of this
Interlocal Agreement shall be for three .earsParticipating
Any Participating
Public Agency may terminate its obligations under this his Agreement
at the end of any fiscal year of that Participating Public
ting Public
Agency, by adopting a resolutionrior to the commencement nt o f the
succeeding fiscal year stating its intent to withdrawo
fr m this
Agreement. In such event, said Agency' s participation in this
s
Agreement will terminate as of the end of the then current fiscal
kcal
year, but this Agreement shall remain in effect
among the
remaining parties until the expiration of the Agreement,
provided
that any remaining Agency may exercise the terminationprovisions
provisions
of this section.
SECTION 5 Notices. All notices, demands and requests which
q
21re given by the parties shall be in writingand shall
be deemed
11
/CI
to be properly given if sent byUnited States mail,1, postage
prepaid, addressed as follows :
As to the County: Attention: County Manager
er
Metropolitan Dade County
Suite 2900
Metro-Dade Center
111 N.W. First Street
Miami, FL 33128
With copy to: CountyAttorney
y
Metropolitan Dade County
Suite 2810
Metro-Dade Center
111 N.W. First Street
Miami, FL 33128
As to Miami : Manager
Attention: City
City of Miami
3500 Pan American Drive
Miami, FL 33133
With copy to: City Attorney
City of Miami
1100 AmeriFirst Building
One Southeast Third Avenue
Miami, FL 33131
As to Miami Beach: Attention: City Manager
er
City of Miami Beach
555 - 17th Street
Miami Beach, Florida 33139
With copies to: CityAttorney
Y
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Visitors and Convention
Authority
555 17th Street
Miami Beach, Florida 33139
As to the Village: er
Attention: Village Manager
g
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
12
With copy to: Village Attorney
y
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
As to the Bureau: Attention: President
Greater Miami Convention
and Visitors Bureau
4770 Biscayne Boulevard
Miami, Florida 33137
Any such names and addresses may be changed at any upon
u on
the giving of written notice of such change sent byUnited States
mail, postage prepaid, to the otherarties affected
P by the
change. A copy of any notice sent by one party to another shall
be sent to all other parties noted above.
IN WITNESS WHEREOF, the Participating Public Agencies have
caused this instrument to be duly executed in their name and
on
their behalf by their duly constituted officers, and the
Bureau
has caused this instrument to be dulyexecuted
by its duly
authorized corporate officers , all as of this / ' ? day of
)Py (fit..-
1991 .
DADE COUNTY ORIDA
se' •a
Approved as to form and ;v; �;
/
CITY OF MIAM
41)// 0,0 c:N) .riTyvi, (04),_,
By:
j C Mana r
/ - / /
L- At, est• ' if Ar,'„,....; , * -d
/tL , irC1e
'-'1/fl , i' HIV) ". / —.-zr
(S;al)
VILLAGE OF BAL HARB UR
Approved as to form and By:
602,1„61, CW0
legal sufficiency Village Manager
ri e)./IA-1Attest:4/14,za,& /1:/
City Att r Clerk
(Seal)
GREATER MIAMI CONVENTION AND
VISITORS BUREAU, INC.
/-
By: -
/C, i , c
4, , j :
Chairman
Attest: reaA, _a-� • '
T Secretary
Authorized by Dade County
Resolution No. i -01-c-t7
Authorized by City of Miami Beach
Resolution No. 91-20261
Authorized by City of Miami
Resolution No.
Authorized by Village of Bal Harbour
Resolution No.
14
/ �I
STATE OF FLORIDA )
)ss :
COUNTY OF DADE )
a-191
Before me personally appeared the City Manager an lerk, or
their designees respectively, on behalf of CITY OF MIAMI ,
FLORIDA, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged to and before
me that they executed said instrument for theur oses therein
expressed .
P P
111 WITNESS my hand and official seal,
1991 . is day of
"1
'
Notary Public," State of Florida
-- ..._at--La-rge--r
NOTARY PUBLIC STAT! OF FLORID
My Commission Expires : MY CntIMISSION Exp, APR. A
BONDED THRL1 GENERAL INS.
,1994
UNU.
STATE OF FLORIDA )
)ss :
COUNTY OF DADE )
Before me personally appeared the Village Manager and Clerk,
respectively, or their designees on behalf of VILLAGE OF BAL
HARBOUR, FLORIDA, known to me to be the persons described in and
who executed the foregoing instrument, and acknowledged to and
before me that theyg
executed said instrument for the purposes
therein expressed .
\__,k
WITNESS my hand and official seal, this /3 day of
k , 1991 .
r-
.,k, ,) ,3 ' , r
\\ 1/ --,"" 4
a / .7( ,i)-k., ,
Notary Public, State off"Florida
at Large
My Commission Expires : 7- )S--
16
•
,71 (
STATE OF FLORIDA
)ss :
COUNTY OF DADE
Before me personally appeared the Chairman and Secretary,
Y
respectively, on behalf of GREATER MIAMI CONVENTION AND VISITORS
BUREAU, INC. , known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged to and before
me that they executed said instrument for theur oses therein
expressed .
P P
ITNESS my hand and official seal, this t day of
„/ 1991 .
Notary P blic, State of Florida
at Large
My Commission Expires :
Public, State of Florida at large
T:":., !c n xpires Set. 23, 1991
ti iru i alyn 'd Bonding Agency
17
EXHIBIT A
Number of Persons
Title Holding Positions
Vice President, Convention Sales 1
Associate Vice President, Trade Sales 2
Associate Vice President, Convention Sales 1
Associate Vice President, Corporate Sales 1
Regional Sales Manager (Washington, D.C. ) 1
Convention Sales Manager 4
Corporate Sales Manager 2
Vice President, Tourism 1
Director, Travel Trade Promotion 1
Assistant Director, Travel Trade Promotion 1
Travel Trade Coordinator 1
18
I '
EXHIBIT a. i
1
• POLICY 1
)(arch 22, 19419 1
,
This documrn constitutes a policypstatement'asent• °t the Greater
Miami tCorwt
n ion Z Visitors �Bureau it relates to the media
and the, ur au's Interlocal; Partners' :on the issues of
attendance tt meetings of the Board of Directors and Executive
Commitee, a d of acc•ssibiljty of information which may be
contained in •e files
and records of the 1uxeaU. .
The Bureau s incorporated under theLaws of the State of ! ,
Florida :as private not-for-profit rganiiation and its
contract, for destination marketing pervicis specificali . ',
._precludes it ,ram doing business as an a exit of its Interlocal
partners. R •ardless, and, in the spirit 'of co
attreau, rat.. zes the operation, the_
importance of prbviding the media and
the Bureaus ,nterlocal Partners access o Board and Executive
Committee iie ings and Bureau records without Compromisingits
ability ♦tQ I uccessfully compete in the. sarketplace, nor its
ability to ction effective) .
I , 1 !
As has,been , •• practice, representative prt entative of, the media and the
Interlocal$ ,P•rtnershi will Continue
all meetings of thep Board of �, hates,full access to
Committer, 's eG.t to j Dire tors ,and Executive
outlined b 1• the understan ing and limitations ;
It tile in
an t Yo beethe Chairmaof th Bureau believes 4
discussed is of su a sensitive and •
propri tart' nature that it•could urs the Bureau's
effort to bring business to th
• areal would impair ..he t,Greater l�ia�d
opart in an effective Buxa u efforts to , ;
manner reaching its
goals'id objectives, the Chat may request ;;
thf e matter be treated as 'ao lidantial �
thoe a tending the meeting.
In ,tha situation, reporters may 'continue to sit .
in on, t meeting and tike notes but would agree •`
to `wri ,
• intintite nothing witho t first discussing that
'coi�versatio with the 1 Cbairmar�. + If, after
�
re verses ns between the; Ch irsan ; and the
p ,
story' l,s, they are unable to a ee on Whether a
twarranted, the Chairman lay , t i •
. ,mater to the sanior I editors' 'feke newss ; 1.
o anis •
rrqq . ation for discus*ion. The; r� ort• _"�
, :hold; of � pp rs will
♦ ;bean
writing a story ifany, til •
. haVe, ;been fully discussed by e Chi the issues
irmtn and the
senior ditors.' 1
In a ! f
dditio , the Bureau will:also make all ot
available !or inspection by `the midiits eau'$ ;
Interlocal I Pa ere � ,and the Hureau' .
ant lxcausion sub ect, hdwever, to; ttie same limitation
set fo above,! and any •isagriements will be
resolved in,i er similar to that outl nid .. E 1
acattirs, ar1liinq frost meetin s 'ot the � for confidential
Executive Committee. 9 rd of Directors and i
1
•
-•' :S1tcr. 7:1- ':.1.1
• 1 I
1
•
,
j•
S •
E
I
I
i ; i
I
METRO-DADE COUNTY DISCLOSURE AFFIDAVIT
I, Merrett Stierheim , being first duly sworn, state:
1. The full legal name and business address* of the person or entity contract-
. ing or transacting business with Dade County are:
Greater Miami Convention & Visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, Florida 33131
2. If the contract-or business transaction is with a corporation, the full legal
name and business address* shall be provided for each officer and director
and each stockholder who holds directly or indirectly five percent (5$) or
more of the corporation's stock. If the contract or business transaction is
with a partnership, the full legal name and business address* shall be
provided for each partner. If the contract or business transaction is with
a trust, the full legal name and address* shall be provided for each trustee
and each beneficiary. All such names and addresses are:
See Attached List
3. The full legal names and business address* of any other individual (other
than subcontractors, materialmen, suppliers, laborers, or lenders) who
have, or will have, any interest (legal, equitable, beneficial or otherwise)
in the contract or business transaction with Dade County are:
None
DATE:k til.- Q/' / , 19
f
ett ' . tierheim
• A" I• •
AglitolitAWIL
Sig ature
SWOR to and subscribed before me
this nitd
1
•
RY uBLI , State ot Florida
at Large
My Commission Expires: NOtery Public, State of 7.ellirt ^t ;_er
My Commission apirc $
Bonded u'hru
* Post office box addresses not acceptable.
Use separate attached pages if necessary.
SOUTH AFRICA/NAMIBIA AFFIDAVIT
In compliance with Metro-Dade County Resolution Number 1044-88, I,
Merrett S being first duly sworn, state that the firm (indi-
vi ua , organization: corporation, etc.) submitting this bid or proposal or
receiving this contract award:
(Check the appropriate box)
Is not:
1. engaged in the sale or export of goods or services, either directly or
indirectly, to South Africa or Namibia, or
2. engaged in the buying or importing of goods or services, either
directly or indirectly, from South Africa or Namibia, or
3. a party to, and has no interest in, any franchise, licensing, or man-
agement agreement with any entity, either public or private, in South
Africa or Namibia. or
4. engaged in, and is not a party to, any investment, deposit, loan,
borrowing, or credit arrangement or involved in any other financial
dealings, including those for the purpose of trades, with any entity,
either public or private, in South Africa or Namibia, or
5. owned or controlled (as defined by the beneficial possession of more
than five (5) percent of the firm's common stock) by any entity,
either public or private, in South Africa or Namibia.
O Has been declared eligible, by special action of the County, to conduct
business with the County.
Cl Has been granted a waiver, by special action of the County, to conduct
business with the County with respect to specific goods or services.
Q D, s 0, .i• Int• any of the above categories.
BY. k hat. /b £ rt
Signature o A cant Date
Merrett Stierheim Presid-n
'rinte•. `ame o • iant an. it a
Greater Miami Convention & Visitors Bureau
ante ame of Firm
701 Brickell Avenue, Suite 2700 Miami FL 33131
Address of Firm
SWORN j�o and su s ribed before me
thisjdayof \ �JL , 19 .
0 t..„,o___i
c
NO ARY:( L,..i Pc BUC, State of F(`''1t.ia-
at Large
My Commission Expires: G4n+271 r'Jble, State of Florida at Lar90
,I' f - e}. 28,
64.nc o thru Maynwd Bonding Agency
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
A UTH O I ZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for 1991-1993 Interlocal AgrPPmPnt
This sworn statement is submitted by Greater Miami Convent j c n & Vis.itors--Bureau
[name of entity submitting sworn statement]
whose business address is 701 Brickell Avenue, Sul -Fe 27nn , Miami,
Florida 33131 and
(if applicable).its Federal Employer Identification Number (FEIN) is 59-2283785
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
3. My name is Merrett S t i e r h e im and my relationship to the
[please print name of individual signing]
entity named above is President
4. I understand that a 'public entity crime as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that 'convicted" or"conviction'as defined in Paragraph 287.133(1)(b),I,rida Statutes,
means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the
entity and who cis: been convicted of a public entity crime. The term 'affiliate includes those
officers, directors, executives,partners,shareholders,employees,members,and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement,shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes. means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity,or which otherwise transacts or applies to transact business
*.it a public entity. The term 'person' includes those officers, directors, executives, partners,
shareholders. employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Please Indicate which statement applies.]
7 7
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public et:tity came
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND [Please indicate which additional statement applies.]
_____ There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. (Please
attach a copy of the final order.]
___ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending • th the Department of General Services.]
[signature]
/6/X-2,/Date: J,?iL/ ,
STATE OF flC(Cft
‘j..]
COUNTY OF _ -Ad
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Merrett S t i e r h e i m who,after first being sworn by me, affixed his/her signature
[name of individual signing]
,k1-4- (1' /
in the spaceprovided above on this " t
dayof � 19
P ,
NOTARY PUBLIC
My commission expires:
.. ..a a
�yLr•hJ:::� ! '• .fC.,J v�: /9-91 LtrV 2c din Ag
•
•
Forra PUR 7068 (Rev. 11/89)
ACKNOWLEDGMENTS
STATE OF FLORIDA
)ss:
COUNTY OF DADE
Before me personally appeared the Dade County
Deputy Clerk, or their designees Manager and
g es respectively, on behalf of DADE
COUNTY, FLORIDA, known to me to be theersons described ed in and
who executed the foregoing instrument, and acknowledged to and
before me that they executed said instrument
for the purposes
therein expressed.
WITNESS my hand and official seal, this /O9i day(!)Ct?)..4,LIA__, , of
1991 .
Notary Public, State of Flgrida
at Large -.
,
My Commission Expires : F • A
MY ;. ",Y5,1'.:,10t: W. ; 31,i993
BONDEo Tt 17t Vt.
STATE OF FLORIDA
)ss :
COUNTY OF DADE
Before me personally appeared the Mayor and Cityle
designees respectively, y Clerk, or
their
p ctively, on behalf of CITY OF MIAMI BEACH,
FLORIDA, known to me to be the persons described in and nd who
executed the foregoing ng instrument, and acknowledged to and before
me that they executed said instrument for theposes ur therein
expressed .
p
WITNESS my hand and official seal, this rj
� �-�--- day o f
f i� ( , 1991 .
k-rej&er
Notary Public, State of Florida
at Large
My Commission Expires: 4TXMPIngl
T,TEn(ATY
FLOIDA 20,1993
BONDED THRU GENERAL INS. UND.
15
ORIGINAL
RESOLUTION NO. 91-20261
Approving the 1990/93 Interlocal agree-
ment with the Greater Miami Convention
and Visitors Bureau; and authorizing th.
Mayor and the City Clerk to enter into
such agreement.
7
ti
r V