2012-27884 Reso RESOLUTION NO. 2012-27884
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AND APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LETTER OF AGREEMENT BETWEEN
THE CITY AND MCH SWISS EXHIBITION LTD (MCH), OUTLINING
TERMS AND CONDITIONS FOR USE OF CERTAIN PUBLIC
PROPERTY DURING ART BASEL MIAMI BEACH, AND FOR THE
ESTABLISHMENT OF AN "ART BASEL ZONE."
WHEREAS, Art Basel Miami Beach (ABMB) was established in 2000 as the sister event
of Switzerland's Art Basel, the world's most prestigious art fair for the past 42 years; and
WHEREAS, ABMB has become the preeminent contemporary art fair in the western
hemisphere, and an established destination for artists, galleries, collectors, museum groups,
and other individuals interested in top-notch art; and
WHEREAS, economists have estimated $400 million to $500 million annually in related
economic impact as a result of ABMB; and
WHEREAS, in the past, during the ABMB event, the City and ABMB have informally
established a zone around the Convention Center area, to protect the ABMB brand and limit
third party use of public property in this area, due to a growing number of requests for temporary
art displays or for other uses of public property in the immediate area of the Convention Center;
and
WHEREAS, the City and ABMB would like to formally memorialize the establishment of
an "Art Basel Zone" by amending the City's Special Event Requirements and Guidelines to
establish such zone; and
WHEREAS, at its regular meeting on March 1, 2012, the Finance and Citywide Projects
Committee recommended approval of the first step in this process; that is, approval of a letter
agreement between the City and MCH outlining terms and conditions for use of public property
by MCH during the fair dates, and the City's consideration of the establishment of an "Art Basel
Zone."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee and approve and authorize the City Manager to execute a Letter of Agreement
between the City and MCH Swiss Exhibition LTD (MCH), outlining terms and conditions for use
of certain public property during Art Basel Miami Beach, and for the establishment of an "Art
Basel Zone."
PASSED AND ADOPTED this 11 st day of April, 2012.
AtJ k MAYOR
CITY CLERK ` B
.... F,9
.P
T:WGENDA\201244-11-12W8MB Letter AGreement Reso. 'S
INCORP ORATED'
RCH 26
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
City ttorn � ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Finance and Citywide Projects Committee approving and
authorizing the City Manager to execute a Letter of Agreement between the City and MCH Swiss Exhibition Ltd
(MCH),outlining terms and conditions for use of certain public property during Art Basel Miami Beach,and the
formal establishment of an"Art Basel Zone".
Key Intended Outcome Supported:
Increase community ratings of cultural activities.
Supporting Data(Surveys,Environmental Scan,etc.):The 2009 Community Satisfaction Survey reported
more than one-fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and
cultural activities (24.1%). Additionally, on average, residents attended 10.61 cultural activities per year and
7.19 family friendly activities per year.
Issue:
Shall the City Commission authorize the City Manager to enter into a letter agreement with Art Basel Miami
Beach and direct the Administration to include a corresponding amendment in the City's Special Event
Guidelines to reflect the Art Basel Zone?
Item Summa /Recommendation:
As ABMB grew in popularity, so did the number of requests for temporary art displays or for use of public
property in the immediate area of the convention center. The City and ABMB informally established an Art
Basel Miami Beach Zone to protect the ABMB brand and limit third party use of public property in this area.At
this time, the City and ABMB would like to formally memorialize the Art Basel Miami Beach Zone. In order to
accomplish this, an amendment to the Special Event Guidelines is required. The Special Event Guidelines
would need to be amended to establish an "Art Basel Zone" which, if such recommended amendment is
approved by the Mayor and City Commission would include:
The establishment of a zone, the effective term and duration of which is only intended to run concurrent with
the actual ABMB Event dates for years 2011,2012,2013,and 2014,as same are set forth in the MCH License,
and which zone is intended to be bounded by 23rd Street to the north; by Lincoln Lane South to the south;by
Alton road to the west; and by the Atlantic Ocean to the east(hereinafter the Art Basel Zone).
The Art Basel Zone, if approved, shall be established for the purpose of precluding the City from issuing a
special event permit,for the use of public property within the Art Basel Zone during the term/duration that such
Zone is in effect,without first obtaining the prior written consent of MCH. Notwithstanding the establishment of
the Art Basel Zone, (i)special events held on private property,and(ii)demonstrations,pickets,and free speech
activities, as such terms are defined in the Guidelines, and as same may be amended from time to time, shall
be EXEMPT from the requirements of this letter of understanding and, accordingly, shall NOT require MCH's
approval.
The City shall use reasonable commercial efforts to inform MCH of any special event applications for use of
public City-owned property outside the Art Basel Zone that the City may receive for the installation and/or
display of art and/or art works during the term/duration of,the ABMB Event for,respectively years 2011,2012,
2013, and/or 2014.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee recommended in favor of the waiver at their March 1, 2012
meeting.
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Max Sklar, Ext. 6116
Sign-Offs:
Department Director Assistant City Manager City Manager
®
MIAMIBEACH AGENDA ITEM
676-
DATE Z
® MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager eA-�l
DATE: April 11, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT
BETWEEN THE CITY AND MCH SWISS EXHIBITION LTD (MCH), OUTLINING
TERMS AND CONDITIONS FOR USE OF CERTAIN PUBLIC PROPERTY DURING
ART BASEL MIAMI BEACH, AND FOR THE ESTABLISHMENT OF AN "ART
BASEL ZONE."
ADMINISTRATION RECOMMENDATION
As directed by the Finance and Citywide Projects Committee, the Administration recommends
the approval of a letter agreement between the City of Miami Beach and Art Basel Miami Beach
outlining terms and conditions for use of public property by Art Basel Miami Beach and the
formal establishment of an Art Basel Zone.
BACKGROUND
Art Basel Miami Beach (ABMB) was established in 2000 as the sister event of Switzerland's Art
Basel, the world's most prestigious art fair for the past 42 years. In just ten years, ABMB has
become the preeminent contemporary art fair in the western hemisphere, and an established
destination for artists, galleries, collectors, museum groups and other individuals interested in
top-notch art. Each year, ABMB spends millions of dollars producing the fair and economists
have estimated $400 million to $500 million in related economic impact as a result of the fair.
As ABMB grew in popularity, so did the number of requests for temporary art displays or for use
of public property in the immediate area of the convention center. The City and ABMB
informally established an Art Basel Miami Beach Zone to protect the ABMB brand and limit third
party use of public property in this area. The boundaries of the zone include 23rd Street to the
north; Lincoln Lane South to the south; Alton road to the west; and the Atlantic Ocean to the
east.
At this time, the City and ABMB would like to formally memorialize the Art Basel Miami Beach
Zone. In order to accomplish this, an amendment to the Special Event Guidelines is required.
The Special Event Guidelines would need to be amended to establish an "Art Basel Zone"
which, if such recommended amendment is approved by the Mayor and City Commission would
include:
City Commission Memorandum
Art Basel Miami Beach Letter Agreement
April 11, 2012 Page 2
a.) The establishment of a zone, the effective term and duration of which is only intended to
run concurrent with the actual ABMB Event dates for years 2011, 2012, 2013, and 2014,
as same are set forth in the MCH License, and which zone is intended to be bounded by
23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west;
and by the Atlantic Ocean to the east (hereinafter the Art Basel Zone).
b.) The Art Basel Zone, if approved, shall be established for the purpose of precluding the
City from issuing a special event permit, for the use of public property within the Art
Basel Zone during the term/duration that such Zone is in effect, without first obtaining the
prior written consent of MCH. Accordingly, the City shall provide MCH with at least
thirty (30) calendar days prior written notice of any special event applications received
by the City for the use of public property within the Zone during the ABMB Event date(s)
(the City's Approval Request). MCH shall have ten (10) calendar days from the date of
the City's Approval Request to approve or deny the Request. MCH's approval or denial
of the Request must be in writing and, if a denial, must specifically set forth the reason(s)
therefore. In the event that MCH fails to approve or deny a Request within the ten (10)
day time period and, further, in accordance with the procedures set forth herein, then
MCH shall have waived its right to deny such Request, and the City may proceed with
the event (that was the subject of such Request) as if approved by MCH, and without
any further notice and/or other obligation to MCH.
c.) Notwithstanding the establishment of the Art Basel Zone, and/or any other term or
condition in this letter of understanding, (i) special events held on private property, and
(ii) demonstrations, pickets, and free speech activities, as such terms are defined in the
Guidelines, and as same may be amended from time to time, shall be EXEMPT from the
requirements of this letter of understanding and, accordingly, shall NOT require MCH's
approval.
d.) The City shall use reasonable commercial efforts to inform MCH of any special event
applications for use of public City-owned property outside the Art Basel Zone that the
City may receive for the installation and/or display of art and/or art works during the
term/duration of, the ABMB Event for, respectively years 2011, 2012, 2013, and/or 2014.
e.) The City shall take into consideration the needs and requirements of the ABMB Event as
plans for the City's proposed expansion and renovation of the MBCC are developed.
The Finance and Citywide Projects Committee considered this matter at their March 1, 2012,
meeting and recommended in favor of the letter agreement and the formal creation of the Art
Basel Zone. The item is being presented to the Mayor and Commission for consideration as
recommended by the Finance and Citywide Projects Committee. The Administration will include
a corresponding amendment in the City's Special Event Guidelines to reflect the Art Basel Zone
at the May 2012 City Commission Meeting if the attached Resolution is approved.
CONCLUSION
As directed by the Finance and Citywide Projects Committee, the Administration recommends
the approval of a letter agreement between the City of Miami Beach and Art Basel Miami Beach
outlining terms and conditions for use of public property by Art Basel Miami Beach and the
formal establishment of an Art Basel Zone.
JMG/HMF/MAS
M MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov
OFFICE OF THE CITY MANAGER
Tel:305.673.7010,Fax:305.673.7782
January 24, 2012
Ms. Annette Schonholzer, Co-Director,
MCH Swiss Exhibition (Basel) LTD
Art Basel, Art Basel Miami Beach
Messeplatz 10 (((
CH -4005 Basel, Switzerland
RE: Letter of Understanding between the Ci of Miami each, Florida Cltx�, nd MCH
Swiss Exhibition Ltd (MCH) regarding the- Basel event in Miami Beac pr the ABMB
Event).
Dear Ms. Schonholzer:
T he following letter shall confirm the�uqqerst4nding between`l�he
-City and MCH regarding
certain terms pertaining to the ABMB Evetas,additional consideration for MCH's contractual
obligation to continue to hold the ABMB Event, which takes plate annually each Winter at the
Miami Beach Convention C enter (MBCC), for theme ears 2011,X012, 2013, and 2014.
Subject to MCH's comRiance ith its contractual obligations pertaining to the holding of the
ABMB Event at tFeNVCC, and) ip cluding, without limitation, those set forth in that certain
License Agreement bet"en,Gl bal-Spectrum and MCH Swiss Exhibition (Basel), LTD, dated
November 28, 2011 (here inafterthe-G-L-ice e, and provided MCH is good standing and
free of def 1 (.$) under such`,License, the City/agrees to take the following actions, in further
support . he ABM F ven
V.-1The�Clty Adminlstr�tlo� shall recommend to the Mayor and Commission that the City's
Special\Events Requirements�nd Guidelines, in effect as of the execution date of this
letter`Qf understanding py the parties hereto (the Guidelines), be amended to establish
an "Art`Base.I�Zone" w�ich, if such recommended amendment is approved by the Mayor
and City on} isslo , in their sole and reasonable discretion, shall accomplish the
following:
a.) The establishment of a zone, the effective term and duration of which is only
intended to run concurrent with the actual ABMB Event dates for years 2011, 2012,
2013, and 2014, as same are set forth in the MCH License, and which zone is
intended to be bounded by 23rd Street to the north; by Lincoln Lane South to the
south; by Alton road to the west; and by the Atlantic Ocean to the east
(hereinafter the Art Basel Zone).
b.) The Art Basel Zone, if approved, shall be established for the purpose of precluding
the City from issuing a special event permit, for the use of public property within the
Art Basel Zone during the term/duration that such Zone is in effect, without first
obtaining the prior written consent of MCH. Accordingly, the City shall provide MCH
with at least thirty (30) calendar days prior written notice of any special event
applications received by the City for the use of public property within the Zone during
the ABMB Event date(s) (the City's Approval Request). MCH shall have ten (10)
calendar days from the date of the City's Approval Request to approve or deny the
Request. MCH's approval or denial of the Request must be in writing and, if a
denial, must specifically set forth the reason(s) therefore. In the event that MCH fails
to approve or deny a Request within the ten (10) day time period and, further, in
accordance with the procedures set forth herein, then MCH shall have waived its
right to deny such Request, and the City may proceed wit the event (that was the
subject of such Request) as if approved by MCH, ands ithTt any further notice
and/or other obligation to MCH.
c.) Notwithstanding the establishment of the Art Basel/Zon and/or any other term or
condition in this letter of understanding, (i) special events eld on private property,
and (ii) demonstrations, pickets, and fre"� peech> activities, as such terms are
defined in the Guidelines, and as same ma(y'be amended from time to time, shall be
EXEMPT from the requirements of this IA- ter of un erstanding ands ceordi gly, shall
NOT require MCH's approval.
2. The City shall use reasonable commercial effort st�inform MCH of any special event
applications for use of public City-owned property outside the Art Basel Zone that the
City may receive for the installation and/or display of art and/or art works during the
term/duration of, the ABMB Event�f=ne!'08-4nd-requirements earsi0'T'l; 012, 2013, and/or 2014.
3. The City shall take into consideration of the ABMB Event as
plans for the City's proposed expansion n vatio of the MBCC are developed.
X�
In the event that any claim or controversy ans ,e� with respect to this letter of understanding,
MCH and the City here y knowingly)and voluntariiiwaive their rights to assert any argument or
defense alleging inadeq tenor in efficient
The City and shall ea \���'i4a—c ontract administrator who shall monitor the parties'
compliance with the terms of thi"etter of understanding. Unless otherwise notified, the contract
admini rators for each`p74rty�,are as;f611OwS:
For the- ittyy:
Max Sklar, Tourism and Cultural Development Director
Tourism and Cultural Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
305-673-7577
For MCH:
Show Manager
MCH Swiss Exhibition Basel (Ltd)
Messeplatz 10
4005 Basel, Switzerland
MCH agrees to defend, indemnify and hold harmless the City, and its officials, directors,
2
officers, employees, agents, contractors, servants, successors, and assigns, against any claims,
causes of actions, costs, expenses, (including reasonable attorney's fees), liabilities, or
damages arising out of or in connection with any negligent act or omission, or intentional
misconduct on the part of MCH or any of its officials, directors, officers, employees, agents,
contractors, servants, successors and assigns, in the performance of its obligations under this
letter of understanding.
The indemnification and hold harmless requirements in the preceding paragraph shall survive
the termination or expiration of this letter of understanding.
This letter of understanding may be terminated by either party, for/c/onvvenience (and without _
cause), upon sixty (60) days prior written notice to the other party.
All written notices and communications required or perm itt d nereun�der may be delivered
personally to the respective representatives of MCH and�he City listed�beloow or may be mailed
by registered mail, postage prepaid (or air-mailed if addr .ssed°to an addres, outside of the city
of dispatch).
Until changed by notice in writing, all such notiees ind communications shall b a, ressed as
follows: 4 '
TO MCH:
Shoanager
MCH-'Swiss-4 hibitiABasel td)
Messeplatz 4,0
4005 Basel, , Switzerland
TO CITY: City of MiamkBeach
1700 Conve tion,Center Drive
))Miami Beach, Florida 33139
Attn:-Max_Sk r Cultural Arts & Tourism Dev. Director
�� (305)-673.,,7000, Ext. 6116
Notices he` reunde I e effective: 'If delivered , on ersonall delivery; if mailed to an address
P Y rY
in the-city o"ispatch, on the day following the date mailed; and if mailed to an address outside
the city of, ispatch on the seventh day following the date mailed.
9
This letter of and rstanding�strall be governed by, and construed in accordance with, the laws of
the State of Florida� ,bothA/eibstantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this letter of understanding shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, if in federal court. BY ENTERING INTO THIS LETTER OF UNDERSTANDINBG, CITY
AND MCH EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS LETTER OF
UNDERSTANDING.
Neither party may assign this letter of understanding.
Neither this letter of understanding, nor any of its terms, may be changed, modified, or
otherwise amended except by an instrument in writing, signed by an authorized representative,
which shall be the City Manager (on behalf of the City), and (on behalf of
3
MCH).
The City and MCH acknowledge and agree that they are not joint venturers, partners, or joint
owners with respect to this letter of understanding. Nothing contained herein shall be construed
as creating a partnership, joint venture or similar relationship between the City and MCH.
Additionally, for purposes of this letter of understanding (or otherwise) no officer, director,
employee, agent, or contractor of MCH shall be deemed to be an agent or employee of the City,
and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the
City, or any right generally afforded Classified or Unclassified employees' or be deemed entitled
to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick
or annual leave. /
If the aforestated meets with your approval, please acknowle�96'�and execute same in the
space provided below. Upon execution by the City Manager/(on�6half of the City), we will
forward a fully executed copy to you for your records.
Very truly yours, ,/X/ J \
Raul J. Aguila
Chief Deputy City Attorney
1 have read this letter agreement and fully understanding same;agreeto be bound by the terms
and conditions contained herein.
MCH Swiss Exhibition (Basel) Ltd City of-Miami Beach
By:
B
; y,
Jorge M. Gonzalez
City Manager
Date< \ \ Date
By:
Date
RJA/ed
F:\INFO\$ALLWIax\TCD\Special Events\BASEL\Basel Letter Agreement_sept 2011.doc
4