Resolution 2020-31143 RESOLUTION NO. 2020-31143
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; APPROVING AN
AGREEMENT BETWEEN THE CITY AND ACT PRODUCTIONS, INC., FOR
SERVICES RELATED TO THE PRODUCTION OF TO-BE-DETERMINED EVENTS
WITHIN LUMMUS PARK AND BEACHFRONT AREAS DURING THE HIGH IMPACT
PERIOD OF MARCH 2020, IN THE TOTAL AMOUNT NOT TO EXCEED
$1,500,000.00, WHICH AMOUNT SHALL BE INCLUSIVE OF THE PRODUCER'S
FEE FOR THE EVENTS, WHICH FEE SHALL CONSIST OF TWENTY PERCENT
(20%) OF THE FINAL EVENT BUDGET; FURTHER, PROVIDING THAT FUNDING
FOR EVENT-RELATED PUBLIC SERVICES SHALL BE SEPARATELY
APPROPRIATED, IF ANY SUCH ADDITIONAL FUNDS ARE REQUIRED; AND
FURTHER, DELEGATING TO THE CITY MANAGER THE AUTHORITY TO
APPROVE ALL PROGRAMMING AND ACTIVATIONS FOR THE MARCH 2020
EVENTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL AGREEMENT WITH ACT PRODUCTIONS, INC., IN THE FORM ATTACHED
AS EXHIBIT "A" TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTION.
WHEREAS, historically, the Administration has had issues during high impact weekends, such
as "Spring Break", where Miami Beach sees a large influx of tourists, which puts stress on City
services and the residents' quality of life, and the Administration believes that producing largescale and
culturally relevant programming during this high impact period will help to mitigate some of the issues
by engaging tourists and residents; and
WHEREAS, to achieve the desired programming, at its June 5, 2019 meeting, pursuant to
agenda items C4-M and R9-M, the Mayor and the City Commission directed the Administration to issue
an informal solicitation process, a Request for Letters of Interest (RFLI), to gauge interest of production
companies and cultural producers to activate a month-long cultural series as part of the City's efforts to
create a strategy to manage high impact tourist visits during March 2020; and
WHEREAS, as of the June 5, 2019 meeting, the cost was not known and the budget had not
been established, accordingly, the City staff suggested that the informal RFLI process was the most
expedient way of gauging interest in the marketplace; and
WHEREAS, despite extensive notification efforts and an extension of submission deadline for
the RFLI, on September 27, 2019, the City received only one proposal from Act Productions Inc.
("ACT") in response to the RFLI; and
WHEREAS, at the July 17, 2019 Commission meeting, item R9-H was discussed, pertaining to
"Update on the RFLI for March 2020 Programming", where the Administration informed the
Commission that only one bid was received, but that other companies may be interested if given more
time to propose ideas, and the Mayor and City Commission directed the Administration to continue its
discussions with Act Productions and come back to the Commission with a firm recommendation; and
WHEREAS, the ACT Productions proposal is for a month-long festival of music, art, sports,
exercise, fashion, food and beverage, with a focus on diversity, social consciousness, and
environmental responsibility, all wrapped into a fenced entertainment venue on the sands of South
Beach; and
WHEREAS, the proposed services include free daytime programming, beach clean ups, health
and wellness initiatives, ambient entertainment, and food and beverage concessions sold through
existing service providers, and it is the intent to have both free and ticketed programming within the
event zone at night; and
WHEREAS, at the September 11, 2019 Commission meeting, the Administration updated the
Mayor and Commission on the March 2020 vision and the Administration provided the Commission an
anticipated cost of approximately$1,500,000, and after a discussion was held, the Administration was
directed to move forward with the $1,500,000 budget without appropriating the funding at that time, and
further directed the Administration to identify separate revenue streams that would be in addition, and
would supplement, the Event Budget; and
WHEREAS, all programming for March 2020 is still to be finalized, as artistic contracts cannot
be confirmed until we have a producer on board, and it is the intent of the Administration to also work
with local cultural institutions to bring programming to the stage during this time, as well as larger
institutions and performer; to this end, all programming, activations, and event budgets pursuant to this
Agreement, including sponsorships and the terms of any third-party arrangements for concessions,
ticketing and the like, shall require approval of the City Manager prior to confirmation; and
WHEREAS, the Agreement, attached as Exhibit "A" to the Commission Memorandum, is
structured such that the $1,500,000 in City event funding will be paid on a reimbursement basis (except
with respect to Producer's Fee, 50% of which will be paid prior to the conclusion of the events, with the
balance paid after the event), and the Producer's fee shall consist of twenty percent (20%) of the total
final approved Event Budget; and
WHEREAS, while the Administration believes all costs associated with March 2020
programming and production can be achieved within the $1,500,000 City funding, it is important to note
that the current budget does not include any City services (e.g., Police, Fire, Sanitation) that would
have already been deemed necessary during a high impact weekend like Spring Break, which funds
may require a separate appropriation; and
WHEREAS, the Administration and City Manager recommends that the Mayor and City
Commission waive the competitive bid requirement pursuant to Section 2-367 of the City Code and
authorize the Mayor and City Clerk to execute the Agreement with ACT Productions.
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 accept the
recommendation of the City Manager and waive, by 5/7th vote, the competitive bidding requirement
pursuant to Section 2-367 of the City Code, finding such waiver to be in the best interest of the City;
approve an Agreement between the City and Act Productions, Inc., for services related to the
production of to-be-determined events within Lummus Park and beachfront areas during the high
impact period of March 2020, in the total amount not to exceed $1,500,000, which amount shall be
inclusive of the Producer's fee for the events, which fee shall consist of twenty percent (20%) of the
final event budget; further, providing that funding for event-related public services shall be separately
appropriated, if any such additional funds are required; and further; delegate to the City Manager the
authority to approve all programming and activations for the March 2020 Events, and authorize the
Mayor and City Clerk to execute the final Agreement with Act Productions, Inc., in the form attached as
Exhibit"A" to the Commission Memorandum accompanying this Resolution.
PASSED AND ADOPTED this /5-- day of 1171167
2019.
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Dan Gelber, Mayor
ATTEST:
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Rafael E. Granado, ` it Clerk
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Agenda Item R7 1-
D ate /-l s aD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members o r the City Co,(mission
FROM: Jimmy L. Morales, City Manager `f
DATE: January 15, 2020
SUBJECT: A RESOLUTION OF THE MAYO' AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY
5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT
PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; APPROVING
AN AGREEMENT BETWEEN THE CITY AND ACT PRODUCTIONS,
INC., FOR SERVICES RELATED TO THE PRODUCTION OF TO-BE-
DETERMINED EVENTS WITHIN LUMMUS PARK AND BEACHFRONT
AREAS DURING THE HIGH IMPACT PERIOD OF MARCH 2020, IN
THE TOTAL AMOUNT NOT TO EXCEED $1,500,000.00, WHICH
AMOUNT SHALL BE INCLUSIVE OF THE PRODUCER'S FEE FOR
THE EVENTS, WHICH FEE SHALL CONSIST OF TWENTY PERCENT
(20%) OF THE FINAL EVENT BUDGET; FURTHER, PROVIDING THAT
FUNDING FOR EVENT-RELATED PUBLIC SERVICES SHALL BE
SEPARATELY APPROPRIATED, IF ANY SUCH ADDITIONAL FUNDS
ARE REQUIRED; AND FURTHER, DELEGATING TO THE CITY
MANAGER THE AUTHORITY TO APPROVE ALL PROGRAMMING
AND ACTIVATIONS FOR THE MARCH 2020 EVENTS, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL AGREEMENT WITH ACT PRODUCTIONS, INC., IN THE FORM
ATTACHED AS EXHIBIT "A" TO THE COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION.
RECOMMENDATION
Approve the resolution.
BACKGROUND
Historically, the Administration has had issues during high impact weekends like "Spring
Break" where Miami Beach sees a large influx of tourists, which puts stress on City
services and the residents' quality of life. The Administration believes that producing
largescale and culturally relevant programming during this high impact period will help to
mitigate some of the issues by engaging tourists and residents. The proposed event
programming -- the details of which are all to-be-confirmed -- will take place directly on
the beach in the Lummus Park area of 5th — 11th Streets, where the majority of Spring
Break tourists congregate. The Administration believes that this will help to re-imagine
and re-brand Miami Beach during this period of time.
To achieve the desired programming, at its June 5, 2019 meeting, pursuant to agenda
items C4-M and R9-M, the Mayor and the City Commission directed the Administration
to issue an informal solicitation process, a Request for Letters of Interest (RFLI), to
gauge interest of production companies and cultural producers to activate a month-long
cultural series as part of the City's efforts to create a strategy to manage high impact
tourist visits during March 2020. At that time, the cost was not known and the budget for
the services had not been established or discussed. Given that the Administration
wanted proposers to present ideas, the staff suggested that the informal RFLI process
was the most expedient way of gauging interest in the marketplace. Had a better-defined
scope or estimated costs been known at the time, the Administration would have
proposed a formal competitive solicitation process, such as an RFP. However, the
direction at the time was rather broad and primarily focused on the concept of utilizing
event programming as a way to create a structured environment that prioritizes safety
and security of our tourists and residents, and which would be unique and
inviting. Programming would ideally be ticketed to track and control the number of
people on site at any given time, and allow to package offers with Miami Beach hotels to
ensure the greatest economic impact on our City.
Accordingly, on June 3, 2019, the Tourism and Culture Department issued an RFLI
seeking interested parties to submit letters of interest for the desired activations. The
RFLI is attached as Exhibit"B" to this memorandum.
At the July 17, 2019 Commission meeting, Agenda Item R9-H was discussed pertaining
to an "update on the RFLI for March 2020 programming." At this meeting, the
Administration informed the Commission that only one firm, ACT Productions, Inc. (ACT
Productions), had expressed interest in the RFLI for March 2020. A number of firms
responded that they may be interested but would need more time to develop ideas. At
this July 17, 2019 meeting, the Mayor and City Commission directed the Administration
to continue its discussions with Act Productions and come back to the Commission with
a firm recommendation.
On September 11, 2019, the City Commission directed staff to continue to develop the
programming based on an estimated budget of $1.5 million. However, no funding
appropriation was made by the City Commission at that time.
ANALYSIS
The ACT Productions proposal is for a month-long festival of music, art, sports, exercise,
fashion, food & beverage, with a focus on diversity, social consciousness, and
environmental responsibility, all wrapped into a fenced entertainment venue on the
sands of South Beach. Live Nation has also expressed interest in programming some
evening concerts on the beach, but has unable to confirm artists until site maps and
event budgets are set for the March 2020 events. The proposed services will include
free daytime programming, beach clean ups, health and wellness initiatives, ambient
entertainment, and food and beverage concessions sold through existing service
providers. It is the intent to have both free and ticketed programming within the event
zone at night. Event site would include:
• a multi-purpose facility/stage to use during the day for free or low-cost
activations;
• a stage that would be flexible and used for concerts, sports, fashion, film
screening, etc.;
• a month long activation can offer a variety of programming options to diverse
audiences offering activities in a safe and controlled environment that can keep
the tourist community engaged (e.g. environmental clean ups, health & wellness,
culinary experiences, comedy, classical to contemporary music, etc.) and
potentially de-escalate or redirect unruly behavior;
• All attendees will be required to submit to a search upon entrance to the site to
ensure safety and security of all guests.
• allow locally based companies and cultural institutions to participate in the
success of managing a challenging tourist period in the City;
• will ideally reduce Police Department expenditures and scheduling;
• produce a return for hotels and impact resort tax revenues; and
• enhance and positively impact the brand of Miami Beach as a tourist destination
during this time of the year.
At the September 11, 2019 Commission meeting, the Administration updated the Mayor
and Commission on the March 2020 vision, the Administration provided the Commission
an anticipated cost of approximately $1,500,000. After a discussion was held, the
Administration was directed to move forward with the $1,500,000 budget, although the
City Commission did not appropriate funding at that time. In addition to the City event
budget of $1.5 million, the Administration would work with ACT Productions to identify
separate revenue streams (such as permitting ACT Productions to secure sponsorships,
concessions and merchandising sales)that would be in addition, and would supplement,
the Event Budget.
As directed, the Administration has been in discussions with ACT and Live Nation, and
the Administration believes the proposed vision has a lot of potential with both local
audiences, as well as tourists. As of the date of this Commission Memorandum, Live
Nation has not submitted a written proposal to the City with respect to Event activations,
as contemplated in the Administration's report to the City Commission at the September
11, 2019 meeting.
In order to achieve the vision, it is the belief of the Administration that it would be in the
best interest of the City to enter into an agreement with ACT Productions to produce the
March 2020 activations in Lummus Park during the month of March 2020. A copy of the
proposed Agreement is attached as Exhibit"A" hereto.
CITY MANAGER'S RECOMMENDATION
While the City did expect to'receive multiple proposals from various firms, only ACT
Productions responded to the RFLI. The Administration believes that it will be
advantageous to have a single producer overseeing the entire programming to ensure
continuity and accountability. In this manner, the event coordination efforts can be
programmed in a more seamless manner, creating a more curated look and feel for the
time period in which the events are to take place. Another benefit of a single "producer"
working with the City is that such a model provides the City with the opportunity to
consider the traffic, crowd and resource impacts for timing the events. Therefore, I find
that the single producer model is in the City's best interest, particularly given the
extremely short window of time remaining to execute the planning for the events.
All programming for March 2020 is still to be finalized, as artistic contracts cannot be
confirmed until we have a producer on board. It is the intent of the Administration to also
work with local cultural institutions to bring programming to the stage during this time, as
well as larger institutions and performers. Live Nation will be looking to activate 2-3
large productions during this time frame. To this end, all programming, activations, and
event budgets pursuant to this Agreement, including sponsorships and the terms of any
third-party arrangements for concessions, ticketing and the like, shall require approval of
the City Manager prior to confirmation.
The Agreement is structured such that the $1,500,000 in City event funding will be paid
on a reimbursement basis (except with respect to Producer's Fee, 50% of which will be
paid prior to the conclusion of the events, with the balance paid after the event). The
Producer's fee shall consist of twenty percent (20%) of the total final approved Event
Budget.
In addition to the Producer's Fee of 20% of the total final Event Budget, the Producer
shall be permitted to retain 20% of all third-party sponsorships secured for the events. In
addition, arrangements for ticketing, concessions and merchandising shall be addressed
separately(with City Manager approval).
While the Administration believes all costs associated with March 2020 programming
and production can be achieved within the $1,500,000 event budget, it is important to
note that the current budget does not include any City services (e.g., Police, Fire,
Sanitation) that would have already been deemed necessary during a high impact
weekend like Spring Break. The funds for the cost of the required City services may
require a separate appropriation.
Based on the foregoing, I recommend that the Mayor and City Commission of the City of
Miami Beach, Florida, approve the contract and waive the competitive solicitation
requirements, as I consider the need to address Spring Break programming to be in the
best interest of the City.
JLM/MM/MK/AD
T:\Agenda\2020\01 January\Procurement\Bid Waiver ACT Productions\Bid Waiver -
ACT Productions - Memo Final.docx
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
ACT PRODUCTION INC.
FOR EVENT PRODUCTION AND PROGRAMMING SERVICES
This Professional Services Agreement ("Agreement") is entered into this day of, 2020,
between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 ("City"), and ACT PRODUCTIONS, INC.,A Florida
corporation, whose address is 407 Lincoln Rd., Suite 302, Miami Beach, FL 33139
("Producer").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Producer, including any exhibits
and amendments thereto.
Additional Budget
Allowance: Funds derived from grants, sponsorships, merchandise sales, licensing
or similar agreements obtained in connection with any Event, including
(collectively, "Sponsorship Funds"), as may be approved by the City
Manager in accordance with this Agreement.
City Event
Funding: The City's total maximum contribution in the not to exceed amount of
$1,500,000,appropriated by the City Commission for daily programming
and production of all of the Events during the Event Period, which City
Event Funding shall be expended pursuant to the Event Budget
approved by the City Manager, and subject to the terms of this
Agreement. Any unused portion of the City Event Funding remaining at
the conclusion of the Initial Term shall accrue solely to the City. .
City Manager: The chief administrative officer of the City.The term"City Manager"shall
include the City Manager's designee.
Event-Related
Public Services: Services provided for the event by Police, Fire, Sanitation, Parking, or
any other City department, which shall be subject to appropriation of
funds by the City Commission appropriation for such Event-Related
Public Services, at the City's sole and absolute discretion.
Event(s): All events and programming produced and activated by the Producer
pursuant to this Agreement, which Events shall be subject to the prior
written approval of the City Manager or his designee, and if approved,
incorporated as part of the Master Plan and Event Budget for the Event
Period.
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Event Budget: The total estimate of revenues and expenditures for all aspects of the
production and activation of the Events, which shall be subject to the
City Manager's approval and shall include, without limitation, the City
Event Funding and anticipated Additional Budget Allowance funding for
the Events approved in the Master Plan. The budget shall include the
estimate for all Event-related revenues, including concessions,
sponsorships, license fees, and any other Event-related revenues, and
all costs relating to the production and activation of the Events in
accordance with the approved Master Plan, including site preparation
costs, tents, fencing, signage, staffing, security and all programming
elements. All City Event Funding shall be paid as reimbursable
expenses, in accordance with this Agreement.
Event Period: The event period for the initial term is expected to be from
Thursday, February 20 through Monday, April 6, 2020, which
Event Period may be extended to include the period
corresponding with the date of any Event approved by the City
Manager pursuant to this Agreement. The Event Period shall be
amended to correspond with the Events in each Renewal Term,
if any.
Event Site: Lummus Park area of Miami Beach between 5th and 11th streets,
including east of the dunes to the Atlantic Ocean, and west of the dunes
to the western curbside of Ocean Drive, including all each surfaces.The
Event Site shall be subject to City Managers final approval.
Exhibits: The various exhibits attached to and incorporated in this Agreement and
referred to as follows:
Exhibit A: Producer's Scope of Services
Exhibit B: Timeline & Deliverables
Exhibit C: Reimbursable Event Expenses
Fee: Amount paid to the Producer as compensation for Services, which may
be paid based upon commission, as set forth in this Agreement.
Producer: For the purposes of this Agreement, Producer shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Producer may also be referred to as Contractor or Proposer in the
Proposal Documents or Exhibits attached hereto.
Producer's
Contingency: The Producer's Contingency shall be that portion of the Event Budget
available for use by the Producer in connection with this Agreement, to
cover unforeseen circumstances or line item changes within the Event
Budget.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive,Third Floor, Miami Beach, Florida 33139:telephone number(305)
673-7000, Ext. 6435: and fax number(305)673-7023.
Services: All services,work and actions by the Producer performed or undertaken
pursuant to the Agreement.
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Sponsorships: Shall mean fully executed written contracts procured by Producer,
previously approved by the City in writing, including sponsorships,
naming rights, and/or licensing agreements with respect to the
activations, pursuant to the Agreement.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Producer by the City, Producer shall provide
the work and services as further described in Exhibit"A" hereto (the Services).
2.2 Producer's Services, and any deliverables incident thereto, shall be completed in
accordance with this Agreement and the timeline and/or schedule in Exhibit"B" hereto.
SECTION 3
TERM
3.1 Following execution by the parties hereto, the term of this Agreement ("Term") shall
commence on the last date that this Agreement is executed, and shall terminate on
May 30, 2020 ("Initial Term"), with two(2) renewal options for a period of one (1)year
each ("Renewal Terms"), which Renewal Terms may be exercised at the sole
discretion of the City Commission upon a competitive bid waiver adopted by a five-
sevenths vote of the city commission in accordance with Sec. 2-367 of the City Code,
(a "Renewal Term"), and subject to an appropriation of funds, if any, approved by the
City Commission.
3.2 Notwithstanding the Term provided herein, Producer shall adhere to any specific
timelines,schedules,dates,and/or performance milestones for completion and delivery
of the Services, as same is/are set forth in the timeline and/or schedule referenced in
Exhibit"B" hereto.
SECTION 4
COMPENSATION AND FUNDING
4.1 City Event Funding: The City shall reimburse Producer for Event-related expenses, up
to the not to exceed amount of $1,500,000.00 for costs expended and paid by the
Producer for daily programming and production of all of the Events during the Event
Period. City Event Funding shall be expended pursuant to the Event Budget approved
by the City Manager. All fees received by the Producer relating to the Events shall be
deposited into a dedicated bank account controlled by Producer and established
specifically for purposes of managing City Event Funding for the Events, and this
dedicated bank account shall not be commingled with any other accounts or funds of
the Producer or any third party. Producer shall provide City with copies of records of all
activity on a monthly basis, and shall provide access to the City to view account activity
at any time. Except for payment of Producer's Fee and the Producer Contingency, all
other City Event Funding shall be reimbursed on a monthly basis. The City shall only
reimburse Producer for actual costs incurred and previously expended for Events
pursuant to the Event Budget. In no event shall the Producer apply any markup to
amounts or invoices subject to reimbursement with City Event Funding. The Producer
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shall submit to the City a monthly report itemizing any additional budget(sponsorships),
as well as all expenses paid by Producer pursuant to the approved Event Plan and
Event Budget along with supporting documentation as to invoices. The City shall
reimburse Producer for amounts expended in accordance with the City approved Event
Budget; provided, however, that individual line items in excess of $50,000.00 shall
require prior written approval from the City Manager.
4.2 Producer Fee. As full and complete compensation to the Producer for the Services
provided hereunder, the City shall pay the Producer a fee in the amount of twenty
percent(20%)of the City approved and expended Event Budget,as such Event Budget
may be approved or amended in accordance with this Agreement ("Producer Fee").
The Producer Fee shall be demonstrated as a line item in the City Event Funding and
shall be part of the City Event Funding. In no event shall the Producer Fee cause the
City Event Funding to be exceeded. The Producer Fee for any Renewal Term, if any,
shall be memorialized in an amendment to this Agreement duly approved and executed
by the City and Producer. The Producer Fee will cover the following dedicated staff
positions for the Event, as well as all direct and indirect administrative overhead and
profit of the Producer:
Executive Producer: To supervise and coordinate all aspects of the event, from
conception to execution.This can include developing concepts and ideas for the event,
overseeing operations, directing staff and coordinating technical and production
aspects.
Sponsorship Director: Responsible for sourcing and procuring sponsorships for the
event. Top level negotiations and contracting.
Executive Assistant: Administrative functions, record keeping, meeting planning, filing
and copying necessary documents.
Controller: Plans and direct the accounting operations of the Event, financial record
keeping, responsible for submitting reconciliations to City of Miami Beach, accounts
payable and receivable.
Event Director: Handling project from proposal to delivery, making sure the event is
delivered in time and within budget, maintaining client relationships, securing supplies,
staff and ensuring security at the event.
Event Manager: Perform tasks liaising with clients and suppliers, handling logistics,
managing budgets and invoicing, organizing accreditation, managing risk, and
presenting post-event reports.
Sponsorship Manager: Job duties include meeting stakeholder needs, managing and
negotiations, overseeing communication with sponsors, aligning activations.
Programming Manage: Job duties, plans, arranges and oversees daily programmed
events, negotiation with artist managers and agents, responsible for all rider needs,
artist transportation, etc.
Graphic Designer: Handles the entire process of defining requirements,visualizing and
creating graphics including illustrations, logos, layouts and signage.
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Producer shall be compensated according to the following schedule for installment
payments:
o City shall pay Producer 50%following the City Manager's approval of the Event
Budget and the special event permit for the Event Site. [Note: Staff should
consider alternate fee structure for a lower front end payment.]
o City shall pay Producer the balance of the Producer Fee (50%)once the Event
has been completed and the Final Report has been submitted and approved by
the City.
4.3 City Appropriation Contingency. Notwithstanding any provision herein to the contrary,
the City's obligations under this Agreement with respect to the City Event Funding or
any portion thereof shall be subject to and contingent upon the City Commission
approving and authorizing an appropriation of the full City Event Funding amount. In
the event this contingency is not satisfied, and City does not obtain the necessary
appropriation to fund the City Event Funding, City shall notify Producer in writing, and
this Agreement shall be null, and void and City shall have no further obligations under
this Agreement. Except as set forth herein, Producer hereby waives any other rights or
remedies at law or in equity with regard to any matter arising out of this 4.3. The
Producer shall not spend or encumber any of the City Event Funding until such time
that the Producer is notified that the City Commission has approved and authorized an
appropriation of the full City Event Funding amount.
4.4 Producer's Contingency. The Event Budget shall include a line item in the amount of
$50,000.00 USD for the Producer's Contingency, which shall be funded as part of the
City's Event Funding. The Producer's Contingency shall be that portion of the Event
Budget available for use by the Producer in accordance with this Agreement, and
subject to the City Manager's approval. In no event shall the use of the Producer
Contingency cause any increase in the City Event Funding. Any unused Producer
Contingency remaining at the completion of the Initial Term and each Renewal Term
(if any)shall accrue solely to the City.
4.5 The Event Budget. The City shall be responsible for contributing the City Event
Funding, which funds, along with any Sponsorship Funds obtained, shall be used to
cover all costs for the programming and activation costs of all the activations
contemplated under this Agreement. In no event shall the City have any obligation to
pay any amount in excess of the City Event Funding. Except as specified herein, in no
event shall the Event Budget be amended, except with the prior written approval of the
City Manager. Producer shall update the budget on a weekly basis, and shall conduct
a weekly budget meeting with City staff, to keep the City apprised of the progress of
the Events. The Producer may not enter into any contract or agreement with any
vendor or sponsor except pursuant to the Event Budget, and provided that any contract
or purchase in excess of$50,000 shall be subject to the City Manager's prior written
approval. In no event shall the Producer incur any costs that would cause for the Event
Budget to be exceeded, and for the avoidance of doubt, in no event shall the City have
or owe any liability or obligation to the Producer or any third-party for any costs in
excess of the City Event Funding. Producer shall be solely responsible for all costs in
excess of the City Event Funding, except as approved in accordance with the terms of
this Agreement.
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(i) As provided in Exhibit "A," Producer's Event Budget shall reflect the City
Event Funding, Producer Fee and all other revenues Producer reasonably anticipates
will be generated by the Events. If Producer secures sponsorship revenue or other
revenue for the Events, such revenue shall be added to the Event Budget as an
Additional Budget Allowance which amounts shall be in addition to the City Event
Funding. Except for any fees or commissions due to the Producer for procuring
sponsorships as provided in Section 4 of this Agreement, all Additional Budget
Allowance funds must be directly applied to the Event Budget and used during the
current fiscal year.
(ii)The Event Budget shall be prepared in such form and supported by such data
to substantiate its accuracy as the City may reasonably require and shall not be
modified or amended without the City Manager's prior written approval, which may be
granted or withheld in the sole discretion of the City Manager; provided, however, that
Producer shall be permitted to amend the Event Budget without the City Manager's
approval to(a)use funds drawn from the Producer Contingency to increase a line item,
or(b) increase any line item(s) by not more than five percent (10%) in the aggregate
by decreasing any other line item(s) by not more than ten percent (10%) in the
aggregate, or(c)decrease any line item to zero after the portion of the Event specified
in such line item has been fully completed and actual savings have been achieved and
increase the Producer Contingency by the amount of such actual savings,in each case,
so long as no such amendment(s) or increases cause or contemplate any increase in
the City Event Funding.
(iii)The City Event Funding shall include costs for which the City has agreed to
be responsible under this Agreement, namely,the Event Budget,the Producer Fee and
Producer's Expenses, including, but not limited to, programming costs.
(vi) Producer shall develop, program, implement and activate the Events
pursuant to the City-approved Event Budget. Payment to Producer for any item not
included in the Event Budget shall be subject to the prior written approval of the City
Manager(and in such case, the Producer shall update the Event Budget to reflect the
additional approved expenditure per the weekly budget meeting to ensure that at no
issues that could result in budget overages, unless explicitly approved in writing by the
City Manager). In no event shall City have any obligation to pay any amount for any
item that was not included in the Event Budget or previously approved by the City
Manager, in writing. If either City or Producer anticipate that the Event Budget may be
exceeded, Producer shall be responsible for submitting a modified Master Plan to the
City for its review,with proposed reductions to the scope of the activation of the Events
(such as reductions with respect to its footprint, hours of operation, or programmatic
plan), as may be necessary for the Events to be implemented within the Event Budget.
Producer shall be solely responsible for all costs in excess of the City-approved Event
Budget.
(v) Producer shall submit to the City its reimbursement requests for Event
related expenses on no less than a monthly basis. All submitted expenses must be
approved prior to this submission. Producer must provide the City with all applicable
receipts/invoices and any other records reasonably required by the City Manager to
substantiate each pre-approved reimbursable expense. No expense will be
reimbursed within prior approval. City shall make payment to Producer for approved
expenses in accordance with Section 4.10 of this Agreement, unless City has
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requested additional supporting documentation, in which case, the City shall pay
Producer for approved expenses within ten (10) days of receipt of such additional
information as may be necessary to approve the reimbursement request at issue.
(vi) Any unspent budgeted amounts that remain in the Producer's bank
accounts, including, but not limited to, surplus Event Budget or Additional Budget
Allowance funds must be remitted to the City in full within thirty(30)days following the
expiration of each Term.
4.6 Tickets: Daytime Events are intended to be free to the public. However, the City, in its
sole discretion, retains all rights to determine whether an admission fee is to be charged
for any Event produced pursuant to this Agreement. Prior to charging any admission
fee, Producer must obtain the City's prior written approval, which shall include the
approval of the amount of any admission fee.Any revenue received from the collection
of admission fees will be considered an Additional Budget Allowance, with revenue
being captured within the Event Budget. The Producer must keep clear accounting
records for number of tickets sold and revenues accrued. The Producer will not be
responsible for reporting or revenue collection for any tickets sold for events produced
by Live Nation.
4.7 Sponsorships: Producer shall be solely responsible for identifying and procuring
Sponsorships pursuant to the terms of this Agreement. Producer must present
sponsorship opportunities to the Tourism and Culture Department in writing, prior to
entering into any agreements with any sponsors, which shall be subject to the City
Manager's approval. The City Manager has the right to decline, at the City Manager's
sole discretion, any sponsorship proposal presented by the Producer. Producer may
not enter into any agreement with a sponsor without the prior written approval of the
City Manager. All Sponsorship Funds must be directly applied to the Event Budget as
an "Additional Budget Allowance" unless otherwise approved by the City Manager,
except those deductions which are to be paid to the producer based on fees or
commissions, based on the terms outlined in this Agreement.
(i) Producer shall only be entitled to receive commissions for procuring sponsorship
sources as follows:
20%for all sponsorships procured whether the Producer acts as the sole procurement
officer or as a coordinator for a third party.
4.8 Final Accounting. Within thirty (30) days after the conclusion of the Events, the
Producer shall provide the City with the final accounting for the actual costs and
expenses for the production and activation of the Events pursuant to the Event Budget.
City shall have the right to request all supporting documentation with respect to charges
being billed to Producer under this Agreement. Producer's invoices shall include a
date, supplier name, supplier contact info, and breakdown of charges. Producer is
responsible for keeping proper records regarding expenses. Any expense without a
proper record will not be considered part of the Event Budget, and the City will not be
responsible for reimbursing the expense.
4.9 Third Party Programming/Concessions: The City and Producer anticipates that certain
Events in connection with this Agreement may include individual programming or
implementation in coordination with other local City venues and vendors, which shall
include, but not be limited to, New World Symphony, Live Nation, or the Boucher
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Brothers. The terms of any such arrangements, including but not limited to ticketing
arrangements, ticket pricing, concessions, or any other aspect of the Events, shall be
subject to City Manager's prior written approval, provided that the programming shall
not cause for the Event Budget or the City Event Funding to be exceeded.
4.10 Invoicing: Producer may submit invoices for compensation no more often than on a
monthly basis, but only after the Work for which the invoice is submitted has been
satisfactorily completed and substantiated, as may be required by the City, through its
City Manager or designee. Producer shall provide supporting documentation for past
and current invoices, and cost itemizations for Reimbursable Expenses (by category).
Upon receipt of an acceptable and approved invoice, payment(s)shall be made within
thirty(30)days for that portion(or those portions)of the Services satisfactorily rendered
(and referenced in the invoice). Invoices shall include a detailed description of the
Services (or portions thereof) provided, and shall be submitted to the City at the
following address:
City of Miami Beach
1755 Meridian Ave, Suite 500
Miami Beach, Florida 33139
Attention: Matt Kenny, Director, Tourism and Culture Department
Upon completion of the Services, Producer's final payment shall require the prior
written approval of the City Manager before disbursement of same.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Producer shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement,the City,through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause,the City shall notify the Producer of
its violation of the particular term(s)of this Agreement, and shall grant Producer fifteen
(15)days to cure such default. If such default remains uncured after fifteen (15)days,
the City may terminate this Agreement without further notice to Producer. Upon
termination, the City shall be fully discharged from any and all liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Producer shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Producer. The
City,at its sole option and discretion,shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's right and
remedies against Producer. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys' fees. In the event the City's Termination for
Cause is determined to be wrongful or deficient by a Court of competent jurisdiction,
such Termination for Cause shall be automatically converted to a Termination for
Convenience, as provided in Section 5.2 of this Agreement.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
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THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO PRODUCER OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN TEN (10)
DAYS FOLLOWING RECEIPT BY THE PRODUCER OF SUCH NOTICE. UPON
RECEIPT OF SUCH NOTICE FOR TERMINATION FOR CONVENIENCE FROM THE
CITY, AND EXCEPT AS OTHERWISE DIRECTED BY THE CITY, PRODUCER
SHALL IMMEDIATELY PROCEED WITH THE FOLLOWING OBLIGATIONS: (1)
STOP ALL WORK RELATED TO THIS AGREEMENT; (2) PROMPTLY NOTIFY ALL
VENDORS, CONCESSIONERS, SPONSORS, AND ALL THIRD-PARTIES IN
CONNECTION WITH THIS AGREEMENT OF SUCH TERMINATION, CANCEL ALL
CONTRACTS AND PURCHASE ORDERS TO THE FULLEST EXTENT POSSIBLE
AND TAKE SUCH OTHER ACTIONS TO MINIMIZE COSTS FOR SUCH
CANCELLATIONS; (3) IF SPECIFICALLY DIRECTED BY THE CITY, TO
TRANSFER AND ASSIGN ALL RIGHT, TITLE AND INTEREST OF ANY
CONTRACT,AGREEMENT, OR PURCHASE ORDER IN CONNECTION WITH THIS
AGREEMENT TO THE CITY; AND (4) TAKE ANY ACTION THAT MAY BE
NECESSARY, OR THAT THE CITY MAY DIRECT, TO MINIMIZE CITY COSTS AND
PUBLIC SAFETY IMPACTS. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY THE CITY, PRODUCER SHALL SUBMIT FOR THE CITY'S
REVIEW AND DETERMINATION,A FINAL TERMINATION PAYMENT PROPOSAL
WITH SUBSTANTIATING DOCUMENTATION, INCLUDING AN UPDATED EVENT
BUDGET, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF TERMINATION.
PRODUCER SHALL ONLY BE ENTITLED TO PAYMENT FOR NON-REFUNDABLE
COSTS INCURRED AND EXPENDED PURSUANT TO THE EVENT BUDGET UP TO
THE DATE OF TERMINATION.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN,AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO PRODUCER, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Producer
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. In such event,the right and obligations for the parties shall be the
same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Producer agrees to indemnify defend, and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors,from and against any and all actions(whether at
law or in equity), claims (including copyright, patent or trademark infringement claims),
liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for
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personal, economic or bodily injury,wrongful death, loss of or damage to property, which may
arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Producer, its officers, employees, agents, contractors, or any other person or
entity acting under Producer's control or supervision, in connection with, related to, or as a
result of the Producer's performance of the Services pursuant to this Agreement. To that
extent, the Producer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses and shall
pay all costs and attorneys' fees expended by the City in the defense of such claims and
losses, including appeals.The Producer expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Producer shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided.
6.2 INSURANCE
A. Worker's Compensation Insurance as required by Florida,with Statutory limits and
Employer's Liability Insurance, per accident for bodily injury or disease.
B. Commercial General Liability Insurance on an occurrence basis, contractual liability,
property damage, bodily injury and personal &advertising injury with limits no less than
$1,000,000 per occurrence.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $300,000 combined single limit
per occurrence,for bodily injury and property damage.
D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than $100,000.
Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability
arising out of work or operations performed by or on behalf of the Consultant.
Waiver of Subrogation
Producer hereby grants to City of Miami Beach a waiver of any right to subrogation which
any insurer of the Consultant may acquire against the City of Miami Beach by virtue of
the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether the City of Miami Beach has received a waiver of
subrogation endorsement from the insurer.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office.
Verification of Coverage
Consultant shall provide the required insurance certificates, endorsements or applicable
policy language effecting coverage required by this Section. All certificates of insurance
and endorsements are to be received prior to any work commencing. However, failure to
obtain the required coverage prior to the work beginning shall not waive the Consultant's
obligation to provide them. The City of Miami Beach reserves the right to require
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complete, certified copies of all required insurance policies, including endorsements
required by these specifications, at any time.
Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience, insurer, coverage, or other special
circumstances.
Certificate Holder
CITY OF MIAMI BEACH
do RISK MANAGEMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the Consultant of his liability
and obligation under this section or under any other section of this Agreement.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County,Florida,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Producer and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Producer hereby expresses its willingness to enter into this Agreement with
Producer's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Producer
hereby agrees that the City shall not be liable to the Producer for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
OWNERSHIP OF DOCUMENTS
9.1 All materials,data, documentation,film, print, photographs, reports,final cuts, raw footage,
and any other documents whether completed or partially completed and copyrights thereto for
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productions produced in the performance of this Agreement or related to the Event Period
programming, whether in paper or other hard copy medium or in electronic medium (except
with respect to (1) copyrighted standard details and designs previously created or owned by
the Producer, (2) materials owned by a third party and licensed to the Producer for use and
reproduction, or (3) sponsors contact information procured solely by the Producer), shall
become the property of the City (Project Documents). Producer shall deliver all such Project
Documents to the City within thirty 30 days of completion of the Services (or within thirty 30
days of expiration or earlier termination of this Agreement as the case may be). However, the
City may grant, at the City's sole discretion, an exclusive license of the copyright to the
Producer for reusing and reproducing copyrighted materials or portions thereof as authorized
by the City Manager in advance and in writing and as specified in Section 4.5 of this
Agreement. In addition, the Producer shall not disclose release or make available any
document to any third party without prior written approval from the City Manager.The Producer
shall warrant to the City that it has been granted a license to use and reproduce any standard
details and designs owned by a third party and used or reproduced by the Producer in the
performance of this Agreement. Nothing contained herein shall be deemed to exclude the
disclosure of any document, as may be required pursuant to the Florida Public Records Law,
including without limitation, Chapter 119, Florida Statutes.
9.2 The Producer is permitted to reproduce copyrighted material described above subject to
prior written approval of the City Manager and as specified in Section 4.5.
9.4 The City shall have the right to modify said Project Documents or any components
thereof without permission from the Producer or without any additional compensation to the
Producer. The Producer shall,be released from any liability resulting from such modification.
9.5 The Producer shall bind all subcontractors to the Agreement requirements for re-use of
plans and specifications.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Producer,and at any time during normal business
hours (i.e. 9 a.m. — 5 p.m., Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/or inspect, any and all documents and/or records relating to all matters covered by this
Agreement, including financial records, agreements, bank accounts, invoices, and proof of
payment of Event-related expenses pursuant to the Event Budget. Producer shall maintain
any and all such records at its place of business electronically and at the address set forth in
the "Notices" section of this Agreement.
10.2 OFFICE OF INSPECTOR GENERAL AUDIT RIGHTS
1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the city has
established the Office of the Inspector General which may, on a random basis, perform
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reviews, audits, inspections and investigations on all city contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the city.
2. The Office of the Inspector General is authorized to investigate city affairs and
empowered to review past, present and proposed city programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses,administer oaths, require the production of witnesses and monitor
city projects and programs, including this Agreement and any aspect of the Events.
Monitoring of an existing city project or program may include a report concerning
whether the project is on time, within budget and in conformance with the contract
documents and applicable law. The Inspector General shall have the power to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal)submittals, activities of the Producer, its officers, agents and employees,
lobbyists, city staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
3. Upon ten (10) days written notice to the Producer, the Producer shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
Producer, its officers, agents and employees, lobbyists, city staff and elected officials
to ensure compliance with the contract documents and to detect fraud and corruption.
4. The Inspector General shall have the right to inspect and copy all documents and
records in the Producer's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates,or dividends received, payroll and personnel,records and supporting
documentation for the aforesaid documents and records.
5. The Producer shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this contract, for examination, audit, or reproduction, until three (3)
years after final payment under this contract or for any longer period required by statute
or by other clauses of this contract. In addition:
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i. If this contract is completely or partially terminated, the Producer shall make
available records relating to the work terminated until three (3)years after any
resulting final termination settlement; and
ii. The Producer shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this contract until such
appeals, litigation, or claims are finally resolved.
6. The provisions in this section shall apply to the Producer, its officers, agents,
employees, subcontractors and suppliers. The Producer shall incorporate the
provisions in this section in all subcontracts and all other agreements executed
by the Producer in connection with the performance of this contract.
7. Nothing in this section shall impair any independent right to the city to conduct
audits or investigative activities. The provisions of this section are neither
intended nor shall they be construed to impose any liability on the City by the
Producer or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Producer shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved)shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Producer shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Producer shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age.
10.6 CONFLICT OF INTEREST
The Producer herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Producer covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly, which could conflict in any manner or degree with the performance of the
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Services. The Producer further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Producer. No member
of or delegate to the Congress of the United States shall be admitted to any share or part of
this Agreement or to any benefits arising there from.
10.7 FORCE MAJEURE. Should City be unable to tender possession of the Event Site to
Producer, or should Producer otherwise be unable to take possession of the Event Site, or
present the Event(s)or to perform its obligations hereunder, when such failure, directly or
indirectly, is caused by or in any manner arises from an Event of Force Majeure (defined
herein), then neither Party shall have any liability under the Agreement. The term "Event of
Force Majeure" shall mean any and all acts of God, strikes, lock-outs, acts of the public
enemy, laws, rules and regulations of governmental or quasi-governmental entities, wars or
warlike action, arrest or other restraint of government(civil or military), blockades,
insurrections, riots, terrorism or terrorist threats, epidemics, earthquakes, hurricanes, storms,
floods, washouts, fire or other casualty, civil disturbances, explosions, threats of bombs or
similar interruptions, confiscation or seizure by any government or public authority, nuclear
reaction, radioactive contamination, accidents, or any other causes,whether of the kind
herein enumerated or otherwise that are not reasonably within the control or caused by the
party claiming the right to delay the performance on account of such occurrence. The period
of an Event of Force Majeure, and the suspension of obligations hereunder, shall extend to
and include any period of time required to implement emergency preparations in advance of
the Event of Force Majeure,the Event of Force Majeure itself, and the period of time
following the Event of Force Majeure that may be required to restore the Event Site and/or
remediate any delay, damage, loss, failure or inability to perform as a consequence of the
Event of Force Majeure. Upon removal or cessation of the Event of Force Majeure, the
parties' respective rights and obligations hereunder shall be reinstated; provided; however,
that the declaration and notice of an Event of Force Majeure and subsequent cessation of
the cause of such Event of Force Majeure shall not require the City to move forward with the
Event(s) if, in the City Manager's reasonable belief, it will result in significantly diminished
attendance and/or cancellations or such decision is determined to be in the best interest of
the City.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Producer and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally
recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO PRODUCER: ACT PRODUCTIONS
407 Lincoln Rd, Ste 3021
Miami Beach, Florida 33139
Attention: Bruce Orosz, President/CEO
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TO CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Matt Kenny, Director, Tourism and Culture
Department
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S.certified mail,return receipt requested,hand delivered,
or by overnight delivery. In the event an alternate notice address is properly provided, notice shall
be sent to such alternate address in addition to any other address which notice would otherwise
be sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith. The City Manager, on behalf of the City, shall have authority to
approve any changes to this Agreement, including any changes to the Scope of Services, so
long as said changes do not exceed the monetary value of this Agreement.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected, and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Producer agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 PRODUCER'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Producer meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Producer shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law;
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c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Producer upon
termination of this Agreement. Upon termination of this Agreement,the Producer shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article,the term"public records"shall mean all documents, papers, letters,
maps, books, tapes, photographs,films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
of the City.
Producer's failure to comply with the public records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Producer does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion,
avail itself of the remedies set forth under this Agreement and available at law.
12.5 PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES, SINGLE USE PLASTIC BEVERAGE STRAWS, AND
SINGLE- USE PLASTIC STIRRERS.
12.5.1 Producer hereby agrees and acknowledges that, pursuant to Section 82-7 of the City
Code, as may be amended from time to time, Producer shall not sell, use, provide food
in, or offer the use of expanded polystyrene food service articles (as defined in City
Code Section 82-7)in City facilities or on City property, in connection with any services
performed pursuant to this Agreement. A violation of this section shall be deemed a
default under the terms of this Agreement. Notwithstanding the above,this section shall
not apply to expanded polystyrene food service articles used for prepackaged food that
have been filled and sealed prior to receipt by Producer.
12.5.2 Additionally, Producer agrees and acknowledges that, pursuant to Section 82-8 of the
City Code, as may be amended from time to time, Producer shall not sell, use, provide
food in, or offer the use of single-use plastic beverage straws or single-use plastic
stirrers (as defined in City Code Section 82-8) in City facilities or on City property, in
connection with any services performed pursuant to this Agreement. A violation of this
section shall be deemed a default under the terms of this Agreement. Notwithstanding
the above, the requirements of Section 82-8 shall not restrict Producer from providing
a beverage with, or offering the use of, a single-use plastic beverage straw or single-
use plastic stirrer to an individual with a disability or medical condition that impairs the
consumption of beverages without a single-use plastic beverage straw or single-use
plastic stirrer.
17
12.5.3 Additionally, Producer agrees to comply with Section 46-92(c) of the City Code, which
provides that it is unlawful for any person to carry any expanded polystyrene product,
single-use plastic beverage straw, or single-use plastic stirrer onto any beach or park
within the City, or onto any city marina, pier, dock, or boat ramp. It is also unlawful for
any business to provide single-use plastic beverage straws or single-use plastic stirrers
with the service or delivery of any beverage to patrons on any beach within the City.
Notwithstanding the above,the provisions in Section 46-92(c)that pertain to single-use
plastic beverage straws and single-use plastic stirrers shall not apply to a person or
patron with a disability or medical condition that impairs the consumption of beverages
without a single-use plastic beverage straw or single-use plastic stirrer.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
FOR PRODUCER: ACT PRODUCTIONS, INC.
ATTEST:
By:
Witness Bruce Orosz
Print Name Print Name
19
Exhibit"A"
Scope of Services
A. Producer's obligations
1. Master Plan and Event Budget.
a. Within two(2)weeks following the execution of this Agreement, Producer shall develop
and deliver to the City a proposed Master Plan (including site plan) and Event Budget
for Producer's Events, each of which shall be subject to the City Manager's approval.
If the City Manager or his or her designee provides any comments or rejects and
components of the proposed Master Plan or Event Budget, Producer shall incorporate
such comments and resubmit the Master Plan and/or Event Budget, as requested, in
such a manner that would satisfy the City Manager or his designee.
b. Subject to the City Manager's prior approval of the Producer's Master Plan and Event
Budget, Producer's responsibilities shall include, and the Master Plan and Event
Budget shall reflect,without limitation, the following:
Creation of event site map for the Events which, subject to the terms of this
Agreement, may take place within the Event Site, as described in Section 1.
ii. Producer's Events shall commence no earlier than Friday, February 28, 2020,
and terminating no later than on Sunday, March 29, 2020.
iii. Master Plan shall include a daily programming vision/run of show, broken down
hour by hour, to clearly illustrate what programming will be taking place in the Event Site, for
all of Producer's activations.
iv. Acquisition and programming of unique, innovative, imaginative and big ideas
that will engage Miami Beach residents and tourists including artistic, sport-related, and/or
health and wellness activities and related events.
v. Producer shall arrange for approved vendor concessions inside the enclosed
Event Site map including food, beverages and alcohol, as may be approved by the City
Manager. Producer shall be responsible for obtaining all required local, state, and federal
approvals for vendor concessions approved by the City Manager. All sales of soft drinks or
other beverages must be in compliance with the City's Coca-Cola contract, unless the City
Manager,at his sole discretion,exercises any available City option to waive such requirements
for the Event, if any waiver option is available. City shall have no responsibility, obligation or
liability relating to vendor concessions. Producer is expected to work with City beach
concessionaire(s) for operating concessions as mutually agreed upon by Producer, City of
Miami Beach and Live Nation.
20
vi. Producer shall be solely responsible for ensuring that all vendors' services are
provided in accordance with all applicable laws and permit requirements of any governmental
agency with jurisdiction over the Event Site or the Events, including,without limitation, staging,
audio/video,tents,tables, all food service,food handling, and alcoholic beverage and license
regulations.
vii. Producer shall ensure all applicable federal, state and local approvals, permits, and
licenses are obtained, including but not limited to building permits,electrical inspections, police
and fire approvals, and any other approvals that may be required for any aspect of a proposed
activation all within required timelines that do not negatively impact Event Period programming.
viii. Event Budget reflecting the reasonable costs of all of the elements of the
Agreement including, but not limited to, the Producers Fee, the production of the Events in
accordance with the Master Plan and the Agreement, and other funding such as Sponsorship
Funds, ticket sales, or donations, if any,for the Events taking place within the Event Site. The
Event Budget shall be in accordance with Section 4.6.
ix. The Events,and the programming,activities, location,and scheduled hours thereof,
shall at all times be consistent with Section 12.6 of this Agreement and shall be subject to City
Manager's approval. If either the City or Producer believe that the Event Budget may be
exceeded, all modifications to programming or activation for the Events shall be subject to the
City Manager's approval; provided, however, that if additional funding is not identified,
Producer shall make such modifications to the Event or the scope thereof, as may be
necessary to deliver the Event within the Event Budget.
2. Sponsorships
a. Producer shall engage in sponsorship outreach, including the creation and
execution of a strategic outreach plan for sponsor outreach including financial and
in-kind sponsorships.
b. Act as liaison between sponsors and City.
c. Ensure that all entitlements promised to sponsors are fulfilled.
d. Coordinate production of all materials for sponsors and third-party firms with the
City and/or outside companies.
e. Identify strategic partners, including media, corporations, civic and cultural
organizations.
f. Handle all immediate sponsor needs post-event and participate in all internal post-
event meetings and conference calls.
g. Develop sponsorship packages in coordination with City Communications
Department and with the approval of the City Manager. No sponsorship agreement
shall be entered into without the prior written approval of the City Manager.
3. Work with City to provide ideas and recommendations for the implementation of the
Events.
21
3. Marketing & Promotion
Producer shall work with City's Communications Department and the Greater Miami
Convention and Visitor Bureau teams to creation and implement effective marketing,
public relations and social media plans and with the prior written approval of the City
Manager or his or her designee. The name of the Event shall be subject to the City
Manager, or his designee's, approval.
4. Production of Events
The Producer shall manage and produce, on behalf of the City, every aspect of the
activations pursuant to the approved Event Budget, in accordance with Section 4 of
this Agreement.
5. Logistics. Producer shall be responsible for the following:
a. Creation and implementation of an efficient staffing and logistics plans.
b. Vendor procurements and operations.
c. Recruitment and management of volunteers and temporary event staff.
d. Recruitment and coordination of programming partners.
e. Development of a signage plan and the production of signage.
f. Participate in all relevant meetings, conference calls and site visits.
g. Staff(event and project managers) on site.
h. Safety&emergency planning and training of all contracted staff.
All safety and personal protection equipment for contracted staff.
j. Should Producer utilize Good Will Ambassadors, Producer to secure additional
Ambassadors to be trained by the City.
k. Food & Beverage Concessions
Liaise with all City Services including, but not limited to Police, Fire,
Transportation, Parking, Emergency Management.
6. Additional Scope Requirements. Producer shall:
a. Attend weekly meetings with the City of Miami Beach Tourism and Culture
Department, Live Nation Entertainment and any other entity contracted by the City,
on Event progress.
b. Maintain books and records of all revenues, cost, expenditures and expenses
incurred in the promotion and production of the Event and provide copies of these
records to the City
c. Conduct, along with the City, a post-event wrap-up meeting
d. Provide a final,written narrative and financial report to the City
e. The City, through its City Manager, shall retain oversight and approval of the final
Event, promotional themes, venue and entertainment, which approval shall be in
writing.
22
7. Final Report Deliverable
The Producer shall provide an "End of Project" report as its last responsibility to the
project-geared to highlight the positives for the City of daily activities to engage local
residents and tourist during the month of March, a high-volume time period, to drive
tourism and increase hotel room occupancy, while reducing traffic impact and creating
a new look and feel for Miami Beach during a period traditionally known as "Spring
Break".The report shall endeavor to summarize the significance of the daily activations
and will develop a photographic history of the project as well as a written narrative to
capture the month of events in review.The report shall also provide analysis during the
Event Period activation on the number of visitors to the city, the amount of media/PR
exposure to the City and the cost of the Event Period programming with a preliminary
and estimated statement of economic impact based on industry standards for
projection.
8. With respect to each of the foregoing, Producer acknowledges that time is of the
essence. Producer shall perform in accordance with the timeline set forth in Exhibit
B. City's Obligations
1. As set forth in Section 4 of the Agreement, City shall pay the Producer's Fee, and shall
provide the City Event Funding in support of the Events.
2. The Events shall be produced as a City event. As the Events are being produced on
behalf of the City, Producer shall prominently incorporate City's logo and name as part
of the branding of the Event Site and the activation of the Events, and Producer shall
ensure City receives prominent recognition on all media or promotional platforms
related to the Events, including, without limitation, during live commentaries where
sponsors and/or Event participants are recognized during the Events.
City shall provide the following Event-related public services: police, fire, sanitation,
ocean rescue, sand sifting, building, and concessionaire displacement fees ("Event-
Related Public Services"), subject to and contingent upon City Commission
appropriation of funding for such Event-Related Public Services, at its sole and
absolute discretion of the City Commission. City of Miami Beach to require written
approvals of all marketing and sponsorship collateral.
23
Exhibit"B"
Timeline&Deliverables
A. Master Planning: Within two (2)weeks following execution of this Agreement
i. Deliverable: Producer shall develop a Master Plan and Event Budget for the
Event Period in order to develop and present to the City for approval, including
but not limited to a comprehensive calendar of events, marketing strategy,
production time table, preliminary budget, sponsorship strategy, event
management process, and event operations process, etc. Shall develop a
timetable, marketing strategy, budget, media/PR element, signage and staffing of
the City elements and parameters for each event. The Master Plan shall require
the City's written approval by the City Manager.
B. Event Period March 1 —30, 2020
i. Deliverables: Producer shall coordinate no less than three (3) public events
(example: Beach Clean Up, Fitness Programming, Sports Programming), daily
during the Event Period between the hours of 8am — 4pm. Producer shall
document and submit monthly reporting and monitoring evidence to include but not
limited to financial statements, photos, event list, meeting attended, time sheets,
and any other reports and/or details as the City deems reasonable to document
performance of the Services, etc.
C. Close Out, Final Report: May 31, 2020
i. Deliverables: The Producer shall provide an "End of Project" report that shall
endeavor to summarize the major activities performed and events produced during
the Event Period and will develop a photographic history of the month-long project
as well as a written narrative to capture the Event Period in review. The report shall
also provide analysis of the Event Period to include, but not be limited to, the
number of,visitors to the City, the amount of media/PR exposure to the City, and
the total cost of the Events with a preliminary and estimated statement of economic
impact based on industry standards. The End of Project report shall be due on or
before May 31, 2020.
24
ATTACHMENT B
1 RFLI 2019—City of Miami Beach: March 2020 Programming
M IAM
BEACH
Miami Beach Tourism and Culture Department
1755 Meridian Ave., 5th Floor
Miami Beach, Florida 33139
1.Introduction and Background.
The City of Miami Beach,through its Tourism and Culture Department,seeks a firm to conceive,develop and
implement a programmatic strategy and activation for the City of Miami Beach (the"City")during the month
of March 2020 within the geographic area of Lummus Park and the beachfront. The City is looking for unique,
innovative, imaginative and big ideas that will engage our residents and tourists during our"Spring Break"season. No
idea is too big,or too`but there"as part of this initial RFLI process. Miami Beach is a world-class city,with unparalleled
cultural offerings, and the City would like to expand on those offerings, by partnering with a firm,to bring an original„
big, programming vision to the City during an otherwise high-volume time period, in an attempt to drive tourism and
increase hotel room occupancy,while reducing traffic impact,and creating a new look and feel for Miami Beach during
that time.
Through this RFLI, the City seeks Letters of Interest from firms who have a proven track record of producing large
scale city events and who must meet all of the requirements, as listed below. The City is interested in all big ideas,
that will help transform the perception of what Miami Beach has to offer during this time. We intend to put cultural
offerings at the forefront of who and what we are—cultural offerings could include,but are not limited to(music,art,or
performance art).
1. Location. The proposed location will be directly on the beach, in the Lummus Park area of Miami Beach,
between 5th Street and 10th Street(as referenced in map,below). Proposals do not have to take up that entire
geographical space,but the City is interested in proposals that will take up a few city blocks,as a way in which
to spread out the heavy beach crowds that generally congregate in those areas during Spring Break. This
physical footprint should take up a large portion of the beach with event infrastructure,tents,etc.
The programming will take place directly on the beach,which is jurisdiction of the State of Florida. The City
will work with producers to ensure all sign offs are obtained from the State, Coast Guard, and all required
environmental authorities
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2 RFLI 2019—City of Miami Beach: March 2020 Programming
Minimum Eligibility Requirements. Proposer shall submit, the required submittal(s) documenting compliance with
each minimum requirement. Proposers that fail to include the required submittals or fail to comply with minimum
requirements shall be deemed non-responsive and shall not have its proposal considered.
1. Prime proposer or team member shall have successfully completed at least three(3)productions of this size,
in the past.
Submittal Requirement:For each project, submit project name, brief description of project, date of
completion,and supporting photos or video.
2. Scope of Services/Specifications.The City is soliciting Letters of Interest("LOI")from qualified bidders that
will be able to create a month-long programming vision for the City, to include the below time frames
(proposers are free to propose a different schedule, but should do their best to maximize the number of
programmable days during the times listed below):
a. Tentative Load In—February 20th—February 27th, 2020
b. Tentative Event Dates—February 28th—March 29th,2020
c. Tentative Load Out-March 30th—April 6th,2020
The bidder will be expected to provide the following services upon selection
3.Programming Features.It is required that the proposed strategy include,at a minimum,the following features:
a. Programming that will take place every Friday, Saturday, and Sunday as per the dates outlined
above. The City is open to programming all days but required programming must focus on engaging
crowds of 1000+during our high impact times(3pm—10pm)on Fridays, Saturdays,and Sundays.
No programming will be approved before 11:00am,or after 11:00pm on any day.
b. All proposals should have a sellable ticket attached to them to ensure the City can monitor anticipated
attendance numbers; and to ensure that a significant quantity of tickets can be packaged with City
hotel rooms,in order to ensure occupancy of our hotel rooms,and to mitigate traffic issues by having
guests stay within walking distance of the site.
c. Programming should be engaging and entice people to travel to and stay on the City to take part—
and position Miami Beach as a destination for international travelers.
d. Attendance-the City is open to attendance suggestions, but ideally programming elements should
not exceed 15,000 people per day. This is not a mandatory number,just a general suggestion, as
the City is not looking for any proposals with 20,000+ person per day events. Proposals must be
manageable and not strain City Services.(Transportation, Police, Fire, EMS,Sanitation,etc.).
e. Firms will be required to follow all Federal, State and local laws.
2. Sustainability Elements.The proposed concept must follow the City's Sustainable&Resiliency policies. For
more information on the City's environmental and sustainability efforts, please visit
https://www.miamibeachfl.gov/city-hall/environ mental-sustainability/
a. It is not a requirement, but any proposals that put a focus on the City as a world leader in resiliency,
sustainability,or plastic free initiatives,would be looked on favorably,as Miami Beach is one of the
top cities at risk of climate change and bringing awareness to our initiatives aimed at combatting
climate change is a big focus for the City as we"Rise Above".
3. Fee Waivers. The City is willing to waive all Special Event permit fees as part of this RFLI, which could
include, but are not solely limited to, application fees, security deposits, park user fees, and square footage
fees.
4. Budget.The City does not have a set budget allocated for this RFLI and would like proposers to be very clear
in their financial proposal. It is the intent of the City to select a proposal that does not require any financial
support from the City(outside of the fee waivers outlined above)Proposals must consider all costs associated
3 RFLI 2019—City of Miami Beach:March 2020 Programming
with their proposals including production infrastructure, City services,etc. A budget is not required as part of
this proposal but should be considered when presenting ideas.
3. Submittal Requirements: Responses MUST contain the following:
A. Cover Letter.The cover letter must indicate name and contact information for the submitting
organization or individual, as well as contact information to include: address, telephone
number and email information.
B. Experience.Submit, as applicable, experience and three(3) past projects, as well as any
applicable qualifications of interested parties.
C. Approach/Methodology. Submit detailed information on how your proposal plans to
accomplish the required scope of services detailed in this RFLI. Please be very clear in
terms of scheduling / timing, programmatic offerings, and overall benefit to the City.
Proposals should also outline how your programming vision solves some of the issues
mentioned above(traffic,hotel room sales,crowd control,etc.).
4. Contact.Any questions or clarifications concerning this solicitation shall be submitted to the contact noted below:
Contact: Telephone: Email:
Matt Kenny 305-673-7577 x6597 mattkenny@miamibeachfl.gov
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. Submittal Deadline. Tuesday,July 2, 2019 at 05:00 p.m., Eastern Standard Time(EST). Packages are to be
submitted to:
City of Miami Beach
Tourism and Culture
Attn: Matt Kenny-Director
1755 Meridian Ave.,5th Floor
Miami Beach,Florida 33139
Submittals received after the due date and time will not be considered.
Question/Answer Deadline.Friday,June 21,2019 at 5:00 p.m.
6. Evaluation of Responses. The City shall evaluate all letters of interest based upon the consultant's
qualifications and the extent towhichthe consultant services meet the City's needs and concerns, are of high quality
and adhere to best practice standards,and are economically feasible.Following its receipt and review of the responses
submitted to this Request for Letters of Interest,the City reserves the right to contact such firm(or firms)as the City,
in its sole discretion and determination, may wish to interview, in further determining the most qualified firm(or firms)
to perform the required consultation and other related professional services solicited pursuant to this process.
Method of Award.Shall include,but not limited to,the following:conformity of methodology and approach to the City's
scope of services, proposed cost to the City,and previous experience on similar projects.
Result of RFLI. The City is not required to act upon any information obtained through this RFLI. However, the City
reserves the right to negotiate an agreement or issue a Purchase Order pursuant to this RFLI to the respondent deemed
to be in the best interest of the City. The City reserves the right to not award any business as a result of this RFLI.
Insurance Requirements. The consultant shall maintain and carry in full force during the Term, the following
insurance:
4 RFLI 2019—City of Miami Beach: March 2020 Programming
1. Worker's compensation and employer's liability,as required pursuant to Florida Statutes.
2. Consultant general liability, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate
3. Consultant professional liability,in the amount of$1,000,000 per occurrence
The insurance must be furnished by insurance companies authorized to do business in the State of Florida.
All insurance policies must be issued by companies rated no less than"B+"as to management and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey,or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City
at least thirty(30)days prior to termination,cancellation or reduction in coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work
and/or services commencing)and will be kept on file in the Office of the Risk Manager.The City shall have the
right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted
certificates of insurance are inadequate to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-
consultants.
Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the
Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation
endorsement from the insurer...
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under
this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's Risk Manager.
10.1. Additional Insured Status.
The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or
operations performed by or on behalf of the Contractor.
10.2. Certificate Holder Language.
CITY OF MIAMI BEACH
do TOURISM AND CULTURE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FL 33139