Resolution 2018-30373RESOLUTION NO. 2018 -30373
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 WAIVING THE
SPECIAL EVENT PERMIT FEES FOR THE 2018 SOUTH BEACH MANGO
FESTIVAL IN THE AMOUNT OF $29,323.25; AND, FURTHER, ACCEPTING
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
RECOMMENDATION TO AMEND ORDINANCE NO. 2018 -4171 TO PROVIDE
THAT ANY REQUEST FOR A SPECIAL EVENT FEE WAIVER IN THE
AMOUNT OF $25,000 OR MORE SHALL FIRST OBTAIN A FAVORABLE
ADVISORY RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AND, IF THE FEE WAIVER IS APPROVED BY THE
CITY COMMISSION, A CITY SPONSORSHIP OF THE EVENT SHALL BE
REQUIRED, WITH AN ASSOCIATED AGREEMENT DETAILING THE TERMS
AND PUBLIC BENEFIT.
WHEREAS, the South Beach Mango Festival ( "Event ") is a new event, planned for
Sunday, August 5, 2018, from 11 a.m. to 7 p.m., in Lummus Park, between 11th and 129h
Streets; and
WHEREAS, at the June 6, 2018 City Commission meeting, at the request of
Commissioner Michael Gongora, the Event producers request for a waiver of special event fees
in the amount of $29,323.25 was considered. The request was referred to the Finance and
Citywide Projects Committee ( "FCWPC °). The fees represent $250.00 in application fees,
$250.00 in permit fees, $1,500 in vehicle beach access passes, $24,610 in square footage fees,
and $2,713.25 in Lummus Park user fees; and
WHEREAS, in view of new special event funding guidelines set forth in Ordinance 2018-
4171 ( "Ordinance ") which will become effective October 1, 2018, the City Commission referred
this item for consideration at the FCWPC meeting on June 8, 2018; and
WHEREAS, the FCWPC recommended that, in the spirit of the guidelines set forth in the
Ordinance, all events requesting special event fee waivers in the amount of $25,000 or more
should first be referred to the FCWPC; and
WHEREAS, in addition, the FCWPC recommended that special event fee waivers of
$25,000 or more should require a favorable recommendation by the Finance and Citywide
Projects Committee, City sponsorship of the event, and a Sponsorship Agreement between the
City and event producer including, but not limited to, the details regarding the deliverables and
public benefit; and
WHEREAS, the FCWPC recommendation is consistent with Sec. 12 -7(b) of Chapter 12
(Arts, Culture and Entertainment), Article III (City Sponsorship of Events) of the City Code which
states that "except for Sponsorships approved pursuant to Section 12 -7(a) of this article
[through the City's annual budget process], any other request for City Sponsorship of an Event
shall require (i) an advisory recommendation of the Finance and Citywide Projects Committee;
and (H) approval, by a five- sevenths (5/71") vote of the City Commission."
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 waives the special event fees for the 2018 South Beach Mango Festival in the
amount of $29,323.25; and, further, hereby accept the Finance and Citywide Projects
Committee recommendation to amend Ordinance No. 2018 -4171 to provide that any request for
a special event fee waiver in the amount of $25,000 or more shall first obtain a favorable
advisory recommendation of the Finance and Citywide Projects Committee and, if the fee
waiver is approved by the City Commission, a City Sponsorship of the event shall be required,
with an associated agreement detailing the terms and public benefit.
PASSED and ADOPTED this 2 day of JN , 2018
ATTEST:
Rafael E. Granado, City CI6rk
Dan Gelber, Mayor
AS TO
GUAGE
ECUTION
T:V\GENDA\2018 \06 June \TCEDISouth Beach Mango Festival Reso v1 docx
MIAMI BEACH
Resolutions - C7 D
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM Jimmy L. Morales, City Manager
DATE: July 2, 2018
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 WAIVING THE
SPECIAL EVENT PERMIT FEES FOR THE 2018 SOUTH BEACH MANGO
FESTIVAL IN THE AMOUNT OF $29,323.25; AND, FURTHER, ACCEPTING THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE RECOMMENDATION TO
AMEND ORDINANCE NO. 2018 -4171 TO PROVIDE THAT ANY REQUEST FOR A
SPECIAL EVENT FEE WAIVER IN THE AMOUNT OF $25,000 OR MORE SHALL
FIRST OBTAIN A FAVORABLE ADVISORY RECOMMENDATION OF THE FINANCE
AND CITYWIDE PROJECTS COMMITTEE AND, IF THE FEE WAIVER IS
APPROVED BY THE CITY COMMISSION, A CITY SPONSORSHIP OF THE
EVENT SHALL BE REQUIRED, WITH AN ASSOCIATED AGREEMENT DETAILING
THE TERMS AND PUBLIC BENEFIT.
RECOMMENDATION
The Finance and Citywide Projects Committee recommended to waive Special Events fees for the
2018 South Beach Mango Festival in the amount of $29,323.25. In addition, the Administration
recommends approving the Finance and Citywide Projects Committee recommendation to
amend Ordinance 2018 -417 such that any request for Special Event fee waivers exceeding $25,000,
shall first obtain an advisory recommendation of the Finance and City Projects Committee, and if
approved, shall be considered a City sponsorship with an accompanying agreement and detailing the
public benefit.
ANALYSIS
The South Beach Mango Festival is a new event, planned for Sunday, August 5, 2018, from 11 a.m.
— 7 p.m., on Lummus Park, between 11th and 12th Streets.
At the June 6, 2018 City Commission meeting, at the request of Commissioner Michael Gongora,
the South Beach Mango Festival event producers put forward a request for a waiver of the following
special event permitting fees:
Application fee: $250.00
Permit fee: $250.00
Vehicle Beach Access Passes: $1,500
Square footage fee: $24,610
Lummus Park user fee: $2,713.25
The total request for fee waivers is $29,323.25.
Page 108 of 408
Pursuant to the new special event funding guidelines set forth in Ordinance 2018 -4171, the City
Commission referred this item for consideration to the Finance and Citywide Projects Committee
( "FCWCP ") meeting on June 8, 2018.
At the FCWCP meeting, the Committee recommended special event fee waivers in the amount of
$29,323.25, as requested.
In addition, the committee recommended that the City be a sponsor of the South Beach Mango
Festival.
Moreover, the FCWCP recommended that, in the spirit of the guidelines set forth in the
Ordinance, all events requesting Special Event fee waivers in the amount of $25,000 or more should
be referred for consideration to the FCWCP. Additionally, should those event waivers be approved,
this would then constitute City sponsorship of the event, and would require an agreement between
the City and the event producer, including detail on the deliverables and public benefit among other
details.
This recommendation is in line with the standards set forth in the Ordinance, Sec. 12 -7(b) of Chapter
12 (Ms, Culture and Entertainment) of the City Code which states that "except for Sponsorships
approved pursuant to Section 12 -07(a) of [the City Code], any other request for City Sponsorship of
an Event shall require (I) an advisory recommendation of the Finance and Citywide Projects
Committee; and (ii) by a five- sevenths (5 /7th) vote, of the City Commission," and Section 12 -7(c)
which states that "in considering approval of a Sponsorship for an Event, the City Commission may
consider (I) whether the Event organizer has exercised good -faith diligent efforts to apply for grant
funding that may be available from the City's Visitor and Convention Authority ( "CVA ") or Cultural Arts
Council ( "CAC "); (U) the Event organizer's history and performance in delivering quality Events; (iii)
any benefits being directly provided to the general public with respect to the Event, such as free or
discounted tickets to persons residing in the City of Miami Beach, seniors, veterans, or members of
disadvantaged groups; (iv) whether the event is accessible to the general public (either as a ticketed
Event or otherwise); (v) the demonstrable economic impacts associated with the eVent; (vi) the
demostrable media commitments secured by the Event organizer for the Event; or (vii) the efforts
undertaken by the Event organizer to mitigate any quality of life irrpacts associated with the Event,
including noise, littering, traffic, or parking impacts associated with an Event."
CONCLUSION
The Administration recommends approval of the Finance and Citywide Projects
Comntee recommendation to approve a special events fee waiver for the South Beach Mango
Festival in the amount of $29,323.25; and further, to amend Ordinance No. 2018 -4171, such that all
requests for special event fee waivers in the amount of $25,000 or more must first be considered by
the FCYPC, and if approved, would constitute a City sponsorship of the event, with an
accompanying agreement detailing deliverables and public benefit.
KEY INTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As World Class Destination
Page 109 of 408
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
❑ Resolution
❑ Ordinance 2018 -4171
Page 110 of 408
ORDINANCE NO.
2018 -4171 _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ARTS, CULTURE
AND ENTERTAINMENT," BY CREATING ARTICLE III, ENTITLED "CITY
SPONSORSHIP OF EVENTS," BY CREATING SECTION 12 -6,
ENTITLED "DEFINITIONS;" BY CREATING SECTION 12 -7, ENTITLED
"REQUIREMENTS FOR CITY SPONSORSHIP OF EVENTS," TO
ESTABLISH CRITERIA AND REQUIREMENTS FOR APPROVAL OF
CITY SPONSORSHIP FOR CERTAIN EVENTS; BY CREATING
SECTION 12 -8, ENTITLED "SPONSORSHIP REQUESTS BY
ADVISORY BOARDS OR ADVISORY COMMITTEES," TO ESTABLISH
REQUIREMENTS FOR APPROVAL OF SPONSORSHIP REQUESTS
FROM ADVISORY BOARDS OR ADVISORY COMMITTEES; BY
CREATING SECTION 12 -9, ENTITLED "SPONSORSHIP TERMS AND
CONDITIONS," TO PROVIDE CERTAIN MINIMUM TERMS AND
CONDITIONS FOR SPONSORSHIP CONTRACTS; AND BY CREATING
SECTION 12 -10, ENTITLED "APPLICABILITY," TO PROVIDE
EXEMPTIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City currently provides a wide variety of grant opportunities for events and
cultural programming through the City's Visitor and Convention Authority ( "VCA ") and Cultural
Arts Council ("CAC "), in an effort to promote tourism and provide enhanced recreation and cultural
offerings in the City of Miami Beach; and
WHEREAS, in view of the existing grant funding opportunities available to event
organizers through the VCA and the CAC, the Mayor and City Commission desire to establish
requirements and criteria for approval of City sponsorship of events and cultural programming;
requirements for approval of sponsorship requests by City advisory boards or advisory
committees; and minimum terms and conditions for sponsorship contracts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 12 of the Code of the City of Miami Beach is hereby amended as
follows:
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Page 113 of 408
Chapter 12
ARTS, CULTURE, AND ENTERTAINMENT
* *
ARTICLE 111.
CITY SPONSORSHIP OF EVENTS
Sec. 12 -6. Definitions. For purposes of this article the following definitions shall apply-
(a) "City Costs" means the actual costs incurred by the City to prbvide police fire ocean
rescue, sanitation, emergency management, parking, and transportation services to
support an Event
i2) "Event" means any event, program or activity produced by a third -party organizer (whether
such organizer is a for - profit or not - for - profit entity) including without limitation (1) events
requiring a City of Miami Beach special events permit pursuant to Section 12 -5 of the City
Code. (ii) events taking place in the City of Miami Beach that do not require a City special
event permit, including, without limitation, theatrical or live performances or cultural
programming at any venue located in the City of Miami Beach. and (iii) sporting or
recreational events taking place within the City of Miami Beach. For purposes of requests
for funding pursuant to Section 12 -8 of this article, an Event shall also be deethed to
include any program event or activity of any kind for which a City advisory board or
advisory committee has requested funding or a waiver of permit fees or user fees.
(c) "Sponsorship" or "Sponsorship Contract' means any contract grant or commitment made
by the City of Miami Beach, to underwrite or fund any portion of, or otherwise provide
financial support to an Event either through a City cash contribution, in -kind contribution.
waiver of City of Miami Beach special event permit fees, square footage fees.
administrative fees, or user fees of any kind, or reimbursement for City Costs, including
arrangements by which the City may receive promotional marketing or other benefits in
connection with the Event in consideration for the City's cash contribution, in -kind
contribution, or other financial support for the Event.
Sec. 12 -7. Requirements for City Sponsorship of Events.
(a) Requests for City Sponsorship of an Event shall only be considered through the City
Commission's annual budget process pursuant to Section 5.02 of the City Charter, or
through applications for grants funded by the Miami Beach Visitor and Convention
Authority or the City's Cultural Arts Council.
(b) Except for Sponsorships approved pursuant to Section 12 -7(a) of this article, any other
request for City Sponsorship of an Event shall require 0) an advisory recommendation of
the Finance and Citywide Projects Committee; and (ii) approval by a five - sevenths (5/7`n)
vote of the City Commission.
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Page 114 of 408
(c) In considering aptsroval of a Sponsorship for an Event, the City Commission may consider
(i) whether the Event organizer has exercised good -faith diligent efforts to apply for grant
funding that may be available from the City's Visitor and Convention Authority or Cultural
Arts Council. (ii) the Event organizer's history and performance in delivering quality
Events; (iii) any benefits being directly provided to the general public with respect to the
Event such as free or discounted tickets to persons residing in the City of Miami Beach.
seniors veterans or members of disadvantaged groups; (iv) whether the Event is
accessible to the general public (either as a ticketed Event or otherwise). (v) the
demonstrable economic impacts associated with the Event' (vi) the demonstrable media
commitments secured by the Event organizer for the Event or (vii) the efforts undertaken
by the Event organizer to mitigate any quality of life impacts associated with the Event
including noise, littering, traffic, or parking impacts associated with an Event.
Sec. 12 -8. Sponsorship Requests by Advisory Boards or Advisory Committees.
Requests by a City advisory board or advisory committee for Sponsorship of an Event shall only
be considered through the annual budget process pursuant to Section 5.02 of the City Charter.
Except for requests for funding approved as part of the City's annual budget process, any other
advisory board or advisory committee request for Sponsorship of an Event shall require (i) an
advisory recommendation of the Finance and Citywide Protects Committee and (11) approval by
a five - sevenths (5/7") vote of the City Commission.
Sec. 12 -9. Sponsorship Terms and Conditions.
(1) In no event shall any Sponsorship Contract provide for a waiver of City Costs.
(2) All Sponsorship Contracts shall, at a minimum include the following provisions:
a. That the Event organizer shall provide a final report to the City which report shall
include third -party verification of Event outcomes including without limitation Event
attendance figures, media impressions generated by the Event, and number of.City of
Miami Beach room nights generated by the Event.
b. That no more than fifteen percent (15 %) of any City cash sponsorship contribution
may be made in advance of the Event with all remaining cash contributions to be
made on a reimbursement basis, following the conclusion of the Event and submission
of the final report referenced in subsection (d)(2)(a) herein;
c. That the Event organizer shall comply with all governmental requirements and laws
applicable to the conduct of its business and the production of the Event'
d. That the City shall have the right to audit the Event organizer's compliance with the
Sponsorship Contract and performance thereunder, in accordance with generally
accepted accounting principles' and
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Page 115 of 408
a That the City shall receive sponsorship recognition on all media or promotional
platforms related to the Event, at the same sponsorship level as other sponsors
providing financial or other support comparable to the City's Sponsorship.
Sec. 12 -10. Applicability. The requirements of this Article shall not apply to any of the
following:
(a) any Sponsorship Contract with a governmental entity;
b) film incentives'
(c) any City - produced or City - organized programs events or activities; or
(d) any executed Sponsorship Contracts which existed prior to October 1 2018 provided,
however, that unless such Events are exempt pursuant to Section 12 -10(a) through (c) above,
the requirements of this Article shall apply to such Events upon the expiration of the Sponsorship
Contract which existed prior to October 1, 2018 (including any renewal periods thereof).
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code, The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
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Page 116 of 408
SECTIONS.: EFFECTIVE DATE.
This Ordinance shall take effect on the / day of OG/OAPC 2018.
PASSED AND ADOPTED this /t/ day of le nl4rt 2018.
ATTEST:
Underline denotes additions
StrikcthFeugh denotes deletions
(Sponsored by Commissioner Arriola)
APPROVED AS 1 U
FORM & LANGUAGE
& FOR EXECUTION
City Attorney g4ecci Date
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