99-23026 RESO
RESOLUTION NO. 99-23026
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 AN AGREEMENT BETWEEN THE CITY AND
THE GREATER MIAMI CONVENTION AND VISITORS
BUREAU; SAID AGREEMENT RETROACTIVELY
COMMENCING ON DECEMBER 1, 1998, AND ENDING ON
SEPTEMBER 30, 1999.
WHEREAS, the City was formerly a party to an Interlocal Agreement, dated September 30,
1993, by and between Miami-Dade County, the City of Miami Beach, the City of Miami, the Village
ofBal Harbour, and the Greater Miami Convention and Visitors Bureau (the Former Agreement);
and
WHEREAS, the Former Agreement automatically renewed at the end of each fiscal year or,
most recently, September 30, 1998, unless the City delivered written notice to terminate said
Agreement to the Bureau, ninety (90) days prior to the end of the current fiscal term; and
WHEREAS, on June 17, 1998; September 23, 1998; aQd October 21, 1998, respectively, the
'..........,
Mayor and City Commission approved extensions of the Former Agreement, said extensions also
waiving the ninety (90) day notice period required to terminate the Former Agreement and giving
the City, under the most recent extension, until November 30, 1998, to terminate same; and
WHEREAS, by letter dated November 25, 1998, and pursuant til the most recent extension
of the Former Agreement, the City advised the Bureau of its intention not to renew the Former
Agreement; said Agreement effectively terminating as to the City as of the conclusion of the last
extension date, or November 30, 1998; and
WHEREAS, pursuant to the recommendation of the City's Finance and Citywide Projects
Committee, at its meeting on December 10, 1998, the Administration has negotiated a new
Agreement with the Bureau, said Agreement having a term commencing on December 1, 1998, and
ending on September 30, 1999; and
WHEREAS, on December 16, 1998, the Mayor and City Commission passed a motion
requesting that Commissioner Jose Smith review the new Agreement and submit any recommended
changes to the Administration; and
WHEREAS, at its meeting on December 22, 1998, the Finance and Citywide Projects
Committee recommended the changes submitted by Commissioner Smith, as well as additional
changes recommended by Commissioner David Dermer; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve and authorize the Mayor and City Clerk to execute the attached new Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR that the Mayor and
City Commission of the City of Miami Beach, Florida, herein approve and authorize the Mayor and
City Clerk to execute the attached Agreement between the City and the Greater Miami Convention
and Visitors Bureau; said Agreement retroactively commencing on December 1, 1998, and ending
on September 30,1999"
PASSED and ADOPTED this 6th day of
January
,1999.
MAYO~~
A~ fcu~
CITY CLERK
RJ A Ikw
F:IA TTOIAGURIRESOSIINTRLOCL.BUR
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
/hi ~~tjL
ty Attorney
(Ul--9l4g
D{Jfp
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cI.mlaml-beach.ft.ua
COMMISSION MEMORANDUM NO.
3S-99
TO:
Mayor Neisen O. Kasdin and
Members of the City C ission
DA TE: January 6, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESO N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
THE GREATER MIAMI CONVENTION AND VISITORS BUREAU FOR
THE PERIOD OF DECEMBER 1, 1998 THROUGH SEPTEMBER 30, 1999.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On December 7, 1998, a joint City Commission meeting was held by the Mayor and City Commission
and the Visitor and Convention Authority (VCA). At said meeting, the VCA passed a motion
wherein they gave support to an Agreement between the City of Miami Beach and the Greater Miami
Convention and Visitors Bureau (Bureau) through September 30, 1999 that would provide, in
addition to the final payment of $900,000 pledged for the Convention Center Hotel as part of a 1995
Agreement between the City and the Bureau, an additional $1. I Million dollars in funding. This new
proposal was made verbally by Mr. Tom Hewitt, the Bureau's Chairman of the Board, at the
aforementioned meeting. The City Commission referred the item to the Finance and Citywide
Projects Committee for discussion.
ANALYSIS:
At its December 10, 1998 meeting, the Finance and Citywide Projects Committee, unanimously
passed a motion to recommend to the City Commission the following:
a) Adopt the City Manager's recommendation that the City and Bureau enter into a new
Agreement from December 1, 1998 through September 30, 1999, reflecting a total
Two Million dollar payment from the Bureau to the City, with no strings attached.
AGENDA ITEM~
DATE~ -(d-~9
In consideration of this payment from the Bureau, as set forth herein, the City shall
provide the Bureau with its allocated funding from the Resort Tax collections for the
remainder of the fiscal year; the Agreement period, December 1, 1998 to September
30, 1999.
b) Such payment is to be made as follows:
. $900,000 upon execution of the Agreement.
. $600,000 prorated monthly from December I, 1998 through June I, 1999.
. $500,000 lump sum payment due on or before June 1, 1999.
c) City Administration to present to the City Commission by July 1999, a negotiated
Agreement with the Bureau, ifany, to commence on October 1, 1999.
The Committee did not act on the second recommendation of the City Manager to hire a consultant
by February, 1999, to determine the needs of the City as a year-round tourist and convention
destination and the best application of resort taxes to meet these needs.
On December 16, 1998, the City Commission passed a motion requesting Commissioner Jose Smith
to review the new Agreement and submit any recommended changes to the Administration. On
December 22, 1998, at the Finance and Citywide Projects Committee (Committee), discussions
were held on the recommended changes by Commissioners Jose Smith and David Dermer. The
Committee recommended the following two additional changes to the Agreement:
*
The City of Miami Beach will provide the same funding for the POW-WOW event
to be held on Lincoln Road on May 19, 1999, as it provided for the event in 1994,
with no reduction in scope as compared to the event held in 1994 and/or the plans for
the 1999 event, reflecting a budget of$407,500. (Attachment 1). On December 15,
1993, the City Commission approved a $100,000 cash contribution and the use of the
Convention Center at cost. Additionally, the yeA granted $25,000 towards the
event. For the 1999 POW-WOW event, the City Commission on November 18,
1998, approved Resolution No. 98-22972 allocating $50,000 in waivers for the use
of the Convention Center. On October 8, 1998, the yeA granted $50,000 for the
1999 POW-WOW event on Lincoln Road. The Bureau is requesting $75,000 cash
csmtribution from the City. The total funding from the City and yeA will equal
$175,000. City services provided during the event are estimated at $21,822, which
are included in the event budget and will be paid by the Bureau to the City.
(Attachment 2).
*
The Bureau will not receive resort taxes from the City and/or the yeA in excess of
$4.5 Million dollars during the period of October 1, 1998 through September 30,
1999. The $4.5 Million dollars is net of the collection allowance, the portion
retained by the YeA, and the $2 Million dollar reimbursement from the Bureau to
the City. Any resort tax collected in excess of this cap will be retained by the yeA.
(Attachment 3).
2
CONCLUSION:
The City Administration recommends that the Mayor and City Clerk execute the attached
Agreement with the Greater Miami Convention and Visitors Bureau for the period of December 1,
1998 through September 30, 1999.
SR: rvuifl: led
Attac~flents
F:\CMGR\$ALL \COMMEMO. 99\BUREAU2. VCA
...,..
3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH FLORIDA 33139
http:\\cLmiami-beach.fl.us
OFFICE OF THE CITY MANAGER
Telephone (305) 673-7010
Facsimile (305) 673-7782
December 29, 1998
Mr. William D. Talbert
Acting President & CEO
Greater Miami Convention and Visitors Bureau
701 Brickell A venue
Suite 2700
Miami, FL 33131
Dear Bill,
Attached is the Commission memo and draft of the Interlocal Agreement that will be presented to
the City of Miami Beach Commission on January 6, 1999, at 9:30 a.m. time certain.
Please review it and confirm in writing your concurrence with these documents. I would like to
receive written confirmation no later than tomorrow morning, so I may include it in the agenda
packet.
Sincerely,
,/ /'.., { /. f.( ---;..-- :.t_~..'~ ~ -;:"',- ,"<L('*'i;'~""'..:'J:,- ~:
Mayra Diaz Buttacavoli
Assistant City Manager
MDB:lg
Enclosure
c: Sergio Rodriguez, City Manager
VCA Members
F \C\fGR\LGRA .\I.~ YRA I. TR
Agenda Item r2.~ ~ I
Date 1-~-91
JAN, -04' gg(VIO~) 09:28 GREATER MIAMI CVB
TEL:5j9j125
p, 001
G R E
M
A
T
E: R
I,
CONVENTION & VISITORS BUREAU
"Tourism is Everybody S Business"
December 3D, 1998
Mr. Sergio Rodriguez
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Sergio.
r have reviewed the draft Agreement forwarded to me yesterday (December 29, 1998). by
Assistant City Manager Mayra Diaz-Buttacavoli. As a matter of clarification, Ms. Buttacavoli and J agreed
to modify Section 4 and substitute for the last sentence. the following:
.Similarly, in the event of termination of this Agreement on or before May 31, 1999, the Bureau
shall pay to the City the pro-rated amount due at the time of termination of the required
contributions set forth in Section 2.02(c) (ii) and (Hi)."
With that clarification. I concur with these documents. We look forward to working with you for
the balance of the fiscal year and beyond. We also look forward to having the best POW WOW ever in
May.
Sincerely,
x.
William D. Talbert, III
Acting President & CEO
Cc: Mayra Diaz-Buttacavoli, Assistant City Manager
Lisa Cole, Chair, VCA
Thomas F. Hewitt. Chair. GMCVB Board of Directors
~~~1'~
701 Brickell Avenue, Suite 2700, Miami, Florida 33131
(30S) 539-3000. Fax (305) 539-3113
http://www.miamiandbeaches.com
SITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORiDA 33139
http:\\ci.;'1"lIami-beach.fl.us
~
:
L.T.e. ~O. 170-1998
LETTER TO COi\fMISSION
December 15, 1998
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROl\'l: Se~gio Rodriguez - ~
City Manager I:Jj-
,/
SUBJECT: POW-WOW EVENT OF j\'L\Y 19,1999
Attached for your information is the draft budget summary of$407,500 for the Pow-Wow event of
May 19, 1999, Night on South Beach. The Bureau is anticipating a contribution from the City of
Miami Beach of$100,000 in cash, $50,000 rent reductions in the Convention Center, and $50,000
from the visitor and Convention Authority. This is reflected on pages 1,2, and 7 of the attachment.
The summary and sources and uses offunds for the Host Committee is on pages 4 and 5.
SR:_:lcd
Attachment
F:\CMGR\SALL\L TC.98\POWOW$$.C.MB
ATTACHMENT 1
G REA T E R
~ I.
CONVENTION & VISITORS BUREAU
MEMORANDUM
To:
Mayra Diaz-Buttacavoli
Assistant City Manag r
From:
David \Vhitake
Staff Director - p~ Wow '99 Host Committee
~
December 14, 1998
Date:
Subject:
-
South Beach Event/Budget
Per your request, attached is a draft budget summary of the anticipated expenses for the
proposed "Night on South Beach" event. Also highlighted is the projected sponsorship in
support of this event.
As in 1994 it is my sincere hope that we respectfully seek financial sponsorship of the
City of Miami Beach that will make this event possible. Also attached is an overall
budget of the Pow Wow Host Committee including funds to be used for the Miami
Beach Convention Center.
To date we have received support from Miami-Dade County, Visit Florida and are
respectfully seeking an overall "sponsorship relationship" of $200,000 from the City
representing approximately $50,000 rental reduction at the Convention Center, $50,000
from the VCA and $100,000 from the City.
Thank you for your continued support and consideration of this important request.
cc: Richard Fain
Stu Blumberg
Sergio Rodriguez
Michael Aller
UJ
Pow Wow '99 Draft Budget Summary
Snapshot of Overall anticipated cost of Night on South Beach Function
Invitations/Programs
Food (5,000 @$25.00)
Additional Catering
Beverage
Entertainment
Entertainment Special Riders
Staging & Lighting
Decorations
Tenting
Security 1 City Services
Fencing
Additional Chairs/Tables
Misc./Operations
$ 15,000
125,000
25,000
75,000
25,000
5,000
30,000
25,000
25,000
25,000
7,500
5,000
20,000
Total(s):
$407,500
@
HP OfficeJet
Personal Printer/Fax/Copier
Fax Log Report
Dec-14-98 05:45 PM
Identi fication
Result
Paees ~
Date Time
Duration Dia!:nostic
93056737782
OK
07
Scnt
Dec-14 05:43P
00:01 :32 002582030022
7.4.0
(3)
GREATER MIMlI AND THE BEACHES POW WOW '99 HOST COl\'ThIITTEE, INC.
BUDGET
SOURCES & USES OF FUNDS (As of December 1,1998)
USES
Publicity IPromotion
In-Room Giftsl Amenities
Convention Center Operations
Media Relations
Airport Hospitality
Transportation
Sightseeing/T ours
Host Committee Operations
Sub-Total:
$
Special Events
Sunday Evening
Monday Evening
Wednesday Evening...
( $350,000 each up to $500,000)
Sub- Total:
$
124,000
39,025
84,000
78,000
45,000
200,000
78,500
144,000
792,525
$ 1,050,000
TOTAL ALL:
$ 1,842,525
@
1,500,000
$ 2,292,525
Greater Miami And The Beaches Pow Wow '99 Host Committee, Inc.
Uses and Sources, continued
CURRENT PUBLIC SOURCES
Miami-Dade County
Visit Florida, Inc.
GMCVB
Host Hotel Room Commitments
(4,600 rooms x 4.-5 nights less
20%)
In-Kind Revenue Projected (to date)
Miami Beach V CA
Florida Keys & Key West TDC
Total:
REVENUE "PENDING"
$ 400,000
$ 300,000
$ 200,000
$ 82,000
$ 143,500
$ 50,000*
$ 75,000
$ 1,250,500
City of Miami Beach $ 200,000*
*lnc1udes approved grant of $50,000 from VCA and "package" of
$100,000 cash and $50,000 rent considerations at Convention Center
(Pending CitY Commission Meeting)
@
Pow Wow '99 Special Event Summary
3 Evening Events
Sunday, May 16th, 1999
Monday, May 17th, 1999
Wednesday, May 19th, 1999
SUNDAY, MAY 16th
Event:
Venue:
Costs:
Cruise Line Capital of the World
Cruise Line Partners - International Markets
Miami as First and Last Port of Call
Royal Caribbean Vessel (Enchantment of the Seas) docked adjacent to terminal 12
Vessel - Royal Caribbean
Terminal 12 @ Port of Miami
Final Costs TBD
Projected: ReeL (vessel)
Terminal 12 - $300,000 (projected)
MONDAY, MAY 17th
Event:
Venue:
Costs:
"Night of Stars" (Star Alliance)
United Airlines, Rouse Corporation (Bays ide) and partners (TBD)
Bayside
Bayfront Park (Concert Performance)
$350,000 - $400,000 cash with some in-kind
(9
WEDNESDAY, lVIAY 19th
Event:
Night on South Beach
Venue:
Lincoln Road (Drexel A venue west to Michigan)
Restaurants from Pacific Time and South Beach Brasserie east to Yuca
Cost:
$407,500
Sponsorship Reqests
American Express
City of Miami Beach VCA
$125,000
50,000
Loews Hotels** -
City of Miami Beach**
75,000 (**Request Pending)
100,000 (**Request Pending)
Sub- Total:
$350,000
Balance covered by Host Committee or future sponsors solicited
(])
Dec-23-9a Ol:S7P
P.Ol
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Decemoer 23, 1998
,M~. I.:;...~~....:~
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CONVENTION & VISITORS BUREAU.
liT . . E b I , 13' "
lUUrTSm IS ol'ery (f11y S ltSlJ1'-~SS
Mr. Sergio Rodriguez
City Manager
City of Miami B~ach
1700 Convention Center Drive
Miami B~ach. FL 33140
Dear Sergio:
Per your request. this letter is to seek your and the City of Miami Beach's support for Pow WO\v
'99. Our goal is (0 seek a level of support commensurate with the support received in 1994,
To review, in 1994 the City's yeA made a contribution of $25,000 cash. The City Commission
also awarded $100,000 cash for a tolal cash contribution of $125,()()O. These fll1lds wen; used in
partnership with American Express to sponsor a spectacular evening on South Beach.
In addition to the $125,000 in cash in 1994, the City also provided "in-kind" support for Pow
Wow, most notable, an approximate $50,000 rcduction in the projected rem for use or the
Convention Center for the Pow Wow Conference. The Bureau and the Pow WO\V Host
Committee have appeared oefore the Convention Center Advisory Committee and are sccking a
similar in-kind contribution this year for the Bureau to only pay approximately $54,000 in rent as
well as air conditioning and related charges (a rent reduction of approximately $50,000),
The VCA has already gcncrously approved a grant of$50,000 for Pow WO\V 'l)~). Subsequcntly,
to match the level of cash support received in 1994, the Bureau is sccking a ca.lih contribution
from the City ofMiaml Beach of$75,000.
Sta[[has prepared and reviewed an operational budget tor thc special night 011 Lincoln Road that
totals over 5400,000 (attached) in cash expcnses plus additional in-kind cooperation if necessary
from the City. These funds will again be partnered with American Express and other partners to
host a spectacular clc:sing-evcnt for Pow Wow on Wednesday evening, May 19, 1999.
As in 19()4, the success of Pow Wow and our specific event on Somh Beach would not he
possible without the leadership and support of the Mayor. Commisslon and stafr of our partners
at the City of Miami Beach.
Sincerely,
'7~d-z...Q-<---y+-
William D. Talbert
Actj ng President & CEO
Enclosure
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701 Bnckell Avenue. Suite /700. Miami, Florida 33131
(30S) 539-:1000. Fax (305) 539-311.'3
http://www.miamiandbeaches.com
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Pow Wow '99 Draft Budget Summary
Snapshot of Overall anticipated cost of Night on Somh Beach Function
In vi tations/Programs
Food (5,000 vouchers @$25.(0)
Additional Catering
Beverage
Entertainment
t:ntertainment Special Riders
Staging & Lighting-
Decorations
Tenting
Security / City Services
Fencing
Additional Chairs/Tables
Misc.lOperations
$ 15,000
125,000 (16 participating resrauranLS)
25,000
75,000
25,000
5,000
30,000
25,000
25,000
25,000*
7,500
5,000
20,000
Total(s):
$407,500
-Based 011 .94 Host Committc~ t:xpenses, majority of funLls dtsignated to underwrill; off-duty Police and special end
of event tra.~h pick-up.
(December 23, 1998)
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ATTACHMENT 3
JAN. -04' 99(MONI 16:09 GREATER MIAMI CVB
TEL:5393125
EXHIBIT A
Number of Persons
Ti tIe Holdinq Positions
. -Vice.. Pres-ident r-ConventJ..on . Sales' ____.. ..___".__________. __ .. "_
Senior Associate Vice President, Convention Sales
ASsociate Vice President, Convention Sales, . ~._._
'--. -: -'.=-Regional" Ccnvintion:- Sales-'Manager ""'"{Was hlngto n';---',-O ~C: )
Convention Sales Manager
Vice President, Tourism
~ ~"'---~-9..-{=-_~,;i. ;z.~-S!~~d~~me1ttO)l"" .:.......:~:~.;.:._::......:: _ __
Assistant Director, Travel Trade Promotion
Travel Traae Manager
Travel Trade Coordinator
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TEL:5393125
p, 002
.€XHIBIT C-
POLICY STATEMENT
March 22, 1989
This document constitute5 a policy statament of the Greater Miami
- Convention- ,Visitors Bureau -as .'1~relates -to'the-'media -and.~.the .... .. -
8u~eau's Interlocal Partners on ehe issueg of 4ttendance ot
. . .-.::-~~;;-~rbi-~lti~~fBOtnrf~~~~ft:7;:f~h~:~iE.b~~~~n1.~l~Oen:\~t~:hi'~~li-~~-": ~~<:. _:~~.'~;~:;'
and records of the Bureau.
EE.,=- ':::7~:--Th;.-'-"Btiiiari _! s--- rtJ.~ofpo f;a te'(i- 'undar:~.;the:=i:alils:':'~o.f:~:thi~-=s.tit.~e'~..o:t :-j.ior.ida:~-_~~-:__~. ~~.,~:.;::_:::..~
.. a~a -privatenot-for-profit'organization .andits -contract -for.. ....
destination marketing services specifically precludes it from doing
business as an agent of its Interlocal Partners. Regardless, and,
in the spirit of cooperation, the Bureau recogni~es the importance
of providing ehe media and the Bureau's Ineerlocal'Partners access
to Board and Executi ve Committee meet.ings and Bureau records
without compromising its ability to successfully compete in the
marketplace, nor its ability to function effectively.
As has been the practice, representatives of the media and the
Interlocal Partnership will continue to have full access to all
meetings of the Board of Directors and Executive Committee, subjec~
to the understanding and limitations outlined below:
If at any time the Chairman of the Bureau believes an item to
be discussed is of such a sensitive and proprietary nature
that it could hurt the Bureau'~ efforts to bring business to
the Greate~ Miami area or would impair the Bureau's efforts to
operate 1n an effective manner in reaching its goals and
objectives, the Chairman may request that the matter be
treated as confidential by those attending the meeting.
In that situation, ~eporters may continue to sit in on that
meeting and talee notes, but would agree to write nothing
without first discussing that intention ~ith the Chai~an.
If, after conversations between the Chairman and the
reporters, they are unable to agree on wh.ether a story is
warraneed, the Chairman may take the matter to the senior
editors of the news organization for discussion. The
reporters will hold off writing a story, if any, until the
issues have been fully discussed by the Cha.1.rman and the
senior editors.
In addition, the Bureau will a150 make all of its records available
for inspection by the media and the Bureau's Interlocal Partners
subject, however, to the same limitat10ns and exclusions set forth
above, and any disagreements will be resolved 1n a manner similar
to that outlined for confidential matters arising from meetings of
the Board of Directors and Executive Committee.
22
h?
1998 -1999 AGREEMENT
BETWEEN CITY OF MIAMI BEACH AND
THE GREATER MIAMI CONVENTION AND VISITORS BUREAU
It~ .-.- ~
THIS AGREEMENT, is made and executed as of this ~ day of J~"'''"1 ' 19~ by and
between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the
laws of the State of Florida (the City or Miami Beach), and GREATER MIAMI CONVENTION
AND VISITORS BUREAU, INe., a Florida not-for-profit corporation (the Bureau).
RECITALS:
WHEREAS, the City of Miami Beach was formally a party to an Interlocal Agreement dated
September 30, 1993, by and between Miami-Dade County, the City of Miami Beach, the City of
Miami, the Village ofBal Harbour (the Former Agreement); and
WHEREAS, the Former Agreement stood to be automatically renewed at the end of each
fiscal year or, most recently, September 30, 1998, unless the City delivered written notice to
terminate the Agreement to the Bureau ninety (90) days prior to the end of the current fiscal term;
and
WHEREAS, on June 17, 1998; September 23, 1998; and October 21, 1998, respectively, the
Mayor and City Commission approved extensions of the Former Agreement, said extensions also
waiving the ninety (90) day notice period required to terminate the Former Agreement and giving
the City, under the most recent extension, until November 30, 1998, to terminate same; and
WHEREAS, by letter dated November 25, 1998, and pursuant to the most recent extension
of the Former Agreement, the City advised the Bureau of its intention not to renew the Former
Agreement; said Agreement effectively terminating as to the City as of the conclusion of the last
extension date, or November 30, 1998; and
WHEREAS, pmsuant to the recommendation of the City's Finance and Citywide Projects
Committee at its meeting on December 10, 1998, the Administration has negotiated the foregoing
new Agreement, said Agreement having a term commencing on December 1, 1998, and ending on
September 30, 1999, pursuant to the following terms and conditions, as more specifically set forth
herein (this Agreement).
NOW THEREFORE, the parties agree as follows:
SECTION 1. CONTRACT WITH THE BUREAU.
SECTION 1.0 I Bureau Functions. Miami Beach hereby contracts with the Bureau
for the performance 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, wholesales, airline
marketing, media, advertising, and other modalities determined by the
Bureau;
(c) To maintain programs and services, where practical, in connection with the
marketing and promotion of conventions and tourism, including convention
services, tourist reservation services, and other opl,rational and administrative
programs in connection therewith; to prepare and distribute brochures,
pamphlets and other advertising information, in a manner generally accepted
in the tourism and convention industry, disseminating information about
Miami Beach; to cooperate with 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 relating
to tourism, conventions and convention events;
2
(e) In general, to conduct or assist in the conducting and carrying out of any
program or project designed to attract visitors and conventions within the
market area of the City of Miami Beach, and to encourage and cooperate with
public and private organizations or groups, hotels, motels, restaurants and
other tourist related entities in their efforts to promote and attract tourists and
conduct conventions to and in Miami Beach;
(f) To employ, engage, compensate and discharge personnel necessary to carry
out the foregoing functions, and to budget, administer and implement the
funds received by it;
(g) To accept, receive and expend private monies, gifts, fees, revenues and
donations, in addition to the public funds transferred to it by the terms of this
Agreement;
(h) To enter into contract with agencies, corporations, persons, or other entities
to accomplish any or all of the above;
(i) To perform any other function reasonable related to the policy and purpose
of this Agreement;
G) To the maximum extent possible provide economic opportunities to all
businesses through the Bureau's acquisition of goods and services;
(k) To develop a Strategic Tourism Plan;
(1) To involve in Bureau activities to the maximum extent possible policy
makers of Miami Beach;
(m) To host the "1999 Pow Wow Night", to be held on Lincoln Road in South
Beach on May 19, 1999, based on the existing joint financial contribution by
the City and the Visitor and Convention Authority (VCA) to the Bureau as
follows: that said contribution, in the agreed amount of$175,000, shall result
in no reduction in the scope of the proposed event; that said existing
contribution from the City and the VCA shall be equal to the level offunding
previously provided by the City and the VCA to the Bureau, such that the
proposed "1999 Pow Wow Night" shall result in an event of comparable
3
scope and quality as the" 1994 Pow Wow" event, previously held on Ocean
Drive in South Beach; and that said contribution shall comprise the City's
total obligated pledge to the Bureau, toward sponsorship of the proposed
event
Miami Beach acknowledges 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: ( i ) t 0
provide to Miami Beach, within ninety (90) days after the end of the fiscal year of the Bureau during
the Term of this Agreement, an annual audited report covering the receipt and expenditure of public
and private funds, prepared by an independent certified public accountant, in accordance with
generally accepted accounting principles and practices consistently applied; (ii) to prepare and
submit to Miami Beach, a copy of the Bureau's budget for said fiscal year; (iii) to submit an Annual
Report to Miami Beach before the end of October, 1999; (iv) to permit Miami Beach 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 monitoring does 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 from public and private funds; (v) to provide to Miami Beqch such reports as may be
reasonably requested by it, and to provide, not less often than quarterly, an activity and financial
report, setting forth generally the activities of the Bureau during the previous quarter; (vi) to permit
Miami Beach to conduct, at its own expense, a full and detailed annual audit of the Bureau's records
to determine how the Bureau utilized public money contributed under this Agreement and to permit
Miami Beach to conduct, at its own expense, quarterly inspections of 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. In order to satisfy the provisions of this Section 1.02, the City and the Bureau herein
agree and acknowledge that said provisions shall survive the Term of this Agreement, as set forth
herein.
4
SECTION 1.03 Compliance with Law. The Bureau shall comply with all
applicable laws of the Federal, State and local governments 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 and Miami Beach is that of
an independent contractor. In carrying out its functions under this Agreement, the Bureau is not, nor
shall it ever be construed as, the agent or representative of Miami Beach, and this Agreement is not
intended to establish a pannership, ajoint venture, or the relationship of principal agent. The Bureau
shall indemnify and hold harmless Miami Beach from any claims, suits, demands or liability, of
whatever nature, brought by others wherein Miami Beach is made a party, through suit, claims,
demands or otherwise, arising out of any activity ofthe 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 against those types of claims, suits, demands normally
covered by liability insurance relating to convention and visitors bureaus, and shall name Miami
Beach as co-insured by endorsement. Policies or certificates of such insurance shall be remitted to
Miami Beach upon execution of this Agreement by the parties hereto.
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. Such Board shall be representative of the hotel and
visitor industry and shall reflect the ethnic and multi-cultural nature of the community recognizing
that industry involvement is critical. At the option of Miami Beach, the Mayor of Miami Beach or
his designated representative (who shall be a member of the elected governing body of Miami
Beach) shall sit as a voting member of the Board. The City Manager of Miami Beach, or his
designee, shall also sit as a voting member of the Board. The Board of the Bureau may act through
an Executive Committee, which shall meet between meetings of the Board. The composition of the
Executive Committee shall be determined from time to time by the Bureau. One representative,
either from the governing body of Miami Beach or the City Administration of Miami Beach, shall
be invited to sit as a voting member of the Executive Committee on a rotating basis for a one year
term.
5
SECTION 2 FUNDING"
SECTION 2.01 Contribution from Miami Beach. The manner in which Miami
Beach will provide financial support for the purpose set forth in this Agreement shall be as follows:
Miami Beach shall contribute, for the Term of this Agreement, said Term
commencing on December 1, 1998, and ending on September 30, 1999 (the Term),
the lesser of(i) fifty percent (50%) of the net revenues collected from its Municipal
Resort Tax, levied and collected 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 four percent (4%) of the
gross revenues collected from its Municipal Resort Tax, which shall be deducted
prior to distribution of such revenues, for collection costs; or (ii) the net revenues
collected from its above-referenced Municipal Resort Tax, less any and all payments
required under any resolutions or ordinances pursuant to which bonds or other
indebtedness of the City of Miami Beach are issued which are secured by the Resort
Tax, and less $250,000 annually for special events and less four percent (4%) of the
gross revenues collected from its Municipal Resort Tax, which shall be deducted
prior to distribution of such revenues, for collection costs.
Notwithstanding the foregoing, the City's total contribution to the Bureau shall be capped at
$4.5 million dollars throughout the City's Fiscal Year, said Fiscal Year commencing on October 1,
1998, and ending on September 30, 1999. Said $4.5 million dollar cap amount shall represent the
net portion of the Resort Tax revenues to be received by the Bureau pursuant to this Agreement, after
the distributions and deductions contemplated by subsections (i) and/or (ii) above, and the Bureau's
contribution to the City, as contemplated in Section 2.02(c). Any and all monies in excess of that
figure, collected pursuant to this Section 2.01, shall be distributed by the City to the VCA, in a
manner consistent with Chapter 67-930, Laws of Florida, and as further provided in Chapter 102,
Article IV, Section 102-25 I (a)(3), et. seq., of the Miami Beach City Code, as same may be amended
from time to time. The City's contributions, as described in this Section, shall only be used for
purposes authorized by the Florida Local Option Tourist Development Act.
6
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. Throughout the Term of this
Agreement, Miami Beach shall transfer to the Bureau its required share of the
tax revenues described herein within thirty (30) days after the last day of the
month in which Miami Beach received the funds.
(b) Prohibited Expenditures from Public Funds. The Bureau shall not expend
public funds for the following: Bureau staff travel and entertainment, except
that travel and entertainment expenses for up to eighteen (18) persons whose
Bureau positions appear in Exhibit A will be permitted 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 prerequisites of the Chief
Executive Officer; interest expenses on loans to the Bureau and expenses
relating to activities beyond the scope of this Agreement.
(c) Additionally, the City and the Bureau acknowledge that the Bureau may
intend to use public funds for the construction of the Bureau's proposed
headquarters and visitor center (to include a sea plane and helicopter facility),
to be located on Watson Island, in the City of Miami, Florida (the visitor
center or the facility). The City agrees to the use of any public funds for this
purpose, only to the extent that the Bureau agrees that any City funds used for
the visitor center be used solely for that purpose. Accordingly, the Bureau
herein warrants, and agrees to memorialize same in any current or future
agreement regarding said visitor center, that any change in use of the
proposed facility, other than the stated public purpose of a visitor center
(which may include the Bureau's headquarters and administrative offices as
well) shall not be made without the prior written consent ofthe City. In the
event the City does not agree to a change in use of the facility, then the
Bureau shall, upon notice from the City, immediately remit any City funds
7
(i.e. the City's proportionate share) that were utilized toward the construction
of said facility. Pursuant to this subsection (c), the City reserves the right to
audit the Bureau to determine the City's proportionate contribution toward the
construction of said fadlity.
(d) Contribution from the Bureau to Miami Beach. In consideration of
Miami Beach's participation in this Agreement, the Bureau shall contribute
to Miami Beach, throughout the Term of this Agreement, the sum of Two
Million Dollars ($2,000,000), to be paid by the Bureau as follows:
(i) $900,000 - upon execution of this Agreement; said payment
representing the Bureau's third and final contribution toward payment
of Miami Beach's required payment on the bonds issued for the
Loews Hotel Project, and pursuant to that certain Agreement between
the City and the Bureau dated September 28, 1995;
(ii) $600,000 - to be paid prorated monthly, commencing on
December I, 1998, through June I, 1999; and
(iii) $500,000 - lump sum payment due on or before June I, 1999.
With the exception of the $900,000 payment, set forth in (i), which shall be applied by Miami
Beach toward payment of its required payments on the bonds issued for the Loews Hotel Project,
the remainder of the funds due from the Bureau, as set forth in (ii) and (iii) above, shall be
unrestricted as to the City's use of said funds. Said funds shall be paid unconditionally by the
Bureau, particularly as to the City's manner of usage of same; except that said funds shall be used
by the City in a manner and for purposes consistent with Chapter 67-930, Laws of Florida.
SECTION 2.03 No Impairment of Bond Obligation. In the event Miami Beach
determines that the allocation of tax revenues required to be made under Section 2.01 may impair
the obligation of any contractual arrangement between Miami Beach and the holders of its bonds
secured by said tax revenues, said commitments by the City attached hereto as Exhibit B, Miami
Beach's participation in this Agreement shall be forthwith terminated; provided, however, that in the
event of such termination, Miami Beach shall continue to be bound by any prior committed contract,
convention reservation or other commitment duly made by the Bureau during and up to the end of
the Term of this Agreement.
8
SECTION 3 Public Records and Open Meeting Policy. The Bureau shall adhere
to the policy attached as Exhibit C to this Agreement regarding access to its Board of Directors and
Executive Committee meetings as well as its corporate records.
SECTION 4. Duration of this Agreement. The Term of this Agreement shall
commence on December I, 1998, and terminate on September 30, 1999 (the Term).
Notwithstanding the foregoing, Miami Beach may terminate this Agreement at any time, upon thirty
(30) days written notice to the Bureau, in the event that the Bureau fails to provide Miami Beach
cl
with its required monetary contributions, in the manner as set forth in Section 2.02 (j) herein or, in
the sole discretion of Miami Beach, fails to comply with any of the other terms and conditions set
forth in this Agreement. Upon receipt of said written notice from the City, the Bureau shall have
seven (7) days within which to cure the default(s) set forth therein. In the event that said defau1t(s)
is not cured within the aforestated cure period, this Agreement shall terminate with no further notice
from the City required; said termination effective thirty (30) days from the date of the City's written
termination notice; and the City shall have no further liability under this Agreement.
In order to equalize the cash flow of resort taxes to Miami Beach, the City enacted Section
102-251 of the Miami Beach City Code, which provides for a withholding or deferral of accrued
payment to the Bureau until May of each year. In the event ofa termination of this Agreement prior
to the end of its Term, the money owed to the Bureau is the amount described in Section 2.0 I above
and not the lesser amount due to a withholding or deferral of payments pursuant to Section 102-251
of the Miami Beach City Code. Similarly, in the event of termination of this Agreement on or before
May 31, 1999, the Bureau shall pay to the City the pro-rated amount due at the time of termination
of the required contributions set forth in Section 2.02(d)(ii) and (iii).
SECTION 5 Goods & Services. The Bureau shall procure goods and services
on a competitive basis and shall provide opportunities for African American, Hispanic American and
women owned businesses and services.
SECTION 6 Notices. All notices, demands and requests which are given by
the parties shall be in writing and shall be deemed to be properly given if sent by United States mail,
postage prepaid, addressed as follows:
9
As to Miami Beach:
Attention: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
As to the Bureau:
Attention: President
Greater Miami Convention & Visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, FL 33131
Any such names and addresses may be changed at any time upon the giving of written notice
of such change sent by United States mail, postage prepaid, to the other parties affected by the
change. A copy of any notice sent by one party to another shall be sent to all other parties noted
above.
SECTION 7.
Entire Agreement.
This Agreement, together with all Exhibits
referenced herein, represents the entire and integrated agreement between the parties. The City and
the Bureau herein agree and acknowledge that that certain prior Interlocal Agreement, dated
September 30, 1993, by and between Miami-Dade County, the City of Miami Beach, the City of
Miami, the Village of Bal Harbour and the Greater Miami Convention and Visitors Bureau (the
Former Agreement), is effectively terminated as to the City, as of November 30, 1998. Accordingly,
the City and the Bureau further agree that this Agreement is intended to and shall supersede the
Former Agreement and, as to said Former Agreement, the Bureau hereby waives any and all prior
or existing defaults, claims or causes of actions of any nature, that the Bureau may have as to the
City under said Former Agreement, and the Bureau further agrees that the City has fully performed
under said Former Agreement, up to and until the termination of said Former Agreement as to the
City on November 30, 1998.
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IN WITNESS WHEREOF, Miami Beach and the Bureau have caused this Agreement to be
duly executed in their name and on their behalf by their duly constituted officers, and the Bureau has
caused this Agreement to be duly executed by its duly authorized corporate officers, all as of this
,t'^ ct
~ day of) 99$.
Sf'.u~
Ukr f ~
CITY OF MIAMI BEACH
Neisen 111 Mayor
Attest:
City Clerk
Attest:
GREATER MIAMI CONVENTION &
VISITORS BUREAU
1~/f~- .~~
William D. Talbert, III Acting President & CEO
)
)
COUNTY OF DADE )
1 The foregoing instrument was acknowledged before me this J [,1/1 day of \. L w../i.
199k: by Mayor Neisen Kasdin and Robert Parcher, City Clerk, or their design respectively, on
behalf of the CITY OF MIAMI BEACH, 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 the purposes therein expressed.
WITNESS my hand and official seal., ~hiS O?/;-t"day of f;)iHUZL<;r
{~)'jlLl~L/ut
otary Public, State of Florida at
Commission No.:
My Commission Expires:
STATE OF FLORIDA
SS:
?
, 19~.
FFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC sr ATE OF FLORIDA
COMMISSION NO. CC738372
MY COMMISSION EXP. APR. 29,200:L
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
11
~~'1W-
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
./1-
Lei?; 4 The foregoing instrument was acknowledged before me this I '1--- day of ~ tJ J ,1<1 /.( "j ,
199f, by William D. Talbert, III Acting President & CEO, and Mehdi Ghomeshi, Treasurer, ottheir
deSIgnees respectively, on behalf of the GREATER MIAMI CONVENTION& VISITORS
BUREAU, 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 the purposes therein
expressed.
WITNESS my hand and official seal, this /"( day of .JAIlICI,41tA( , 1998.
RJA\kw
F:\A lTO\AGUR\AGREEMNTIINTRLOCL.BUR
11 Marla R Errazquln
* *MvCommllllonCC738218
\;,,~ ElcpIrM AprIl 29. 2002
12