Resolution 2020-31231 RESOLUTION NO. 2020-31231
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A NATIONAL
SALUTE TO AMERICA'S HEROES, LLC, FOR THE AIR AND SEA SHOW
EVENT SCHEDULED TO TAKE PLACE ON MEMORIAL DAY WEEKEND OF
2021, 2022 AND 2023 (EACH, AN "ANNUAL SHOW"); WHICH AMENDMENT
NO. 5 SPECIFIES THE TERMS AND CONDITIONS FOR THE ACTIVATION OF
EACH ANNUAL SHOW, INCLUDING CITY'S PAYMENT OF A MAXIMUM
CONTRIBUTION OF $350,000 FOR EVENT-RELATED PUBLIC SERVICES
FOR EACH ANNUAL SHOW, AND CITY'S`WAIVER OF SPECIAL EVENT
PERMIT FEES, USER FEES AND SQUARE FOOTAGE FEES FOR EACH
ANNUAL SHOW.
WHEREAS, on or about February 1, 2016, the City and A National Salute to America's
Heroes, LLC, a Florida limited liability company("Producer"), executed an Agreement with respect
to the production of an annual Air& Sea show event(each, an "Event" or"Annual Show") subject
to the terms and conditions therein; and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted Resolution No.
2017-29848, authorizing Amendment No. 1 to the Agreement, to waive special event permit fees
for the 2017 Annual Show; and
WHEREAS, on October 18, 2017, the Mayor and City Commission approved Amendment
No. 2 to the Agreement, which amendment delineated the terms and conditions for the 2018
Annual Show activation, and City's waiver of special event permit fees in the amount of
approximately $154,000 and contribution for Event-related Public Services (Police, Fire, Ocean
Rescue and Sanitation, in the maximum amount not-to-exceed $350,000; and
WHEREAS, on February 14, 2018, the Mayor and City Commission authorized additional
funding to the Producer in the maximum not-to-exceed amount of$250,000, for the production of
a concert to take place during the 2018 Annual Show, which was subsequently memorialized in
Amendment No. 3 to the Agreement, dated March 29, 2018; and
WHEREAS, on July 2, 2018, the Mayor and City Commission directed the Administration
to negotiate revisions to the agreement for the 2019 Annual Show activation, and further specified
that no City funding would be provided for any concert that may be produced in conjunction with
the 2019 Annual Show, if any; and
WHEREAS, on September 21, 2018, the Mayor and City Commission authorized the
terms and conditions for the activation and City's sponsorship of the 2019 Annual Show(and each
annual show for the remainder of the term) to take place May 25-26, 2019 including City's
payment of a maximum not-to-exceed amount of$350,000 for Event-related Public Services, as
well as City's waiver of special event permit fees estimated to total $154.062, which was
memorialized in Amendment No. 4, dated September 21, 2018; and
WHEREAS, due to the COVID-19 pandemic, on or about April 6, 2020, in consultation
with the Producer,the City exercised the force majeure provision of the Agreement, and cancelled
the 2020 Annual Show; and
WHEREAS, the proposed Amendment No. 5, authorizes a three (3)year extension of the
Agreement, and specifies the terms and conditions for the activation of the 2021-2023 Annual
Show, with funding support by the City consistent with the terms approved for prior years.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No.
5 to the Agreement between the City of Miami Beach, Florida and A National Salute to America's
Heroes, LLC,for the Air and Sea Show event scheduled to take place on Memorial Day Weekend
of 2021, 2022 and 2023 (each, an "Annual Show"); which Amendment No. 5 specifies the terms
and conditions for the activation of each Annual Show, including City's payment of a maximum
contribution of$350,000 for event-related public services for each Annual Show, and City's waiver
of special event permit fees, user fees and square footage fees for each Annual Show.
PASSED and ADOPTED this 22 day of April 2020.
A:2-2 ,---.____
Mayor Dan Gelber
ATTEST:
e7i
r
Raf E. Granado, Ci y Cle k APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
. P4'k— i°
1-• i ,-3'4("*c-p.• 'i og‘ ' II
INCORPORATED' ' City Attorney`O' ' ' Date
.°,r,,0i-j.2G
Resolutions -C7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 22,2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A
NATIONAL SALUTE TO AMERICAS HEROES, LLC, FOR THE AIR AND
SEA SHOW EVENT SCHEDULED TO TAKE PLACE ON MEMORIAL DAY
WEEKEND OF 2021,2022,AND 2023 (EACH,AN "ANNUAL SHOW"); WHICH
AMENDMENT NO. 5 SPECIFIES THE TERMS AND CONDITIONS FOR THE
ACTIVATION QF EACH ANNUAL SHOW, INCLUDING CITY'S PAYMENT OF
A MAXIMUM CONTRIBUTION OF $350,000 FOR EVENT-RELATED PUBLIC
SERVICES FOR EACH ANNUAL SHOW, AND CITY'S WAIVER OF
SPECIAL EVENT PERMIT FEES, USER FEES AND SQUARE FOOTAGE
FEES FOR EACH ANNUAL SHOW.
RECOMMENDATION
The Administration recommends approval of the Amendment No 5.
• BACKGROUND/HISTORY
On or about February 1, 2016, the City and A National Salute to America's Heroes, LLC, a for-
profit entity of the State of Florida("Producer"), executed a five (5)year Agreement with respect
to the production of an annual Air & Sea show event (each, an "Event" or "Annual Show')
subject to the terms and conditions.
On April 26, 2017, the Mayor and City Commission adopted Resolution No. 2017-29848,
authorizing Amendment No. 1 to the Agreement,to waive special event permit fees for the 2017
Annual Show.
On October 18, 2017, the Mayor and City Commission approved Amendment No. 2 to the
Agreement, which amendment delineated the terms and conditions for the 2018 Annual Show
activation, and City's waiver of special event permit fees in the amount of approximately
$154,000 and contribution for Event-related Public Services (Police, Fire, Ocean Rescue and
sanitation, in the maximum amount not-to-exceed $350,000.
Page 228 of 435
On February 14, 2018, the Mayor and City Commission authorized additional funding to the
Producer in the maximum not-to-exceed amount of$250,000, for the production of a concert to
take place during the 2018 Annual Show, which was subsequently memorialized in Amendment
No. 3 to the Agreement,dated March 29, 2018.
On July 2, 2018, the Mayor and City Commission directed the Administration to negotiate
Amendment No. 4 to the agreement for the Annual Show activation, and further specified that
the$250,000 in cash sponsorship for the concert would be discontinued.
In September 2019,Amendment No.4 was executed delineate the terms and conditions for the
activation of the Annual Show to take place May 25-26, 2019, and further, continued to provide
for City's sponsorship of$504,061, including a maximum not-to-exceed amount of$350,000 for
City provided Event-related Public Services, as well as City's waiver of special event permit
fees, estimated to total $154,061.
Amendment No. 4 also provided for 1) City activities between 5th and 7th Street with the
previously approved Event space, 2) reduces the Producers performance bond from $50,000
to $20,000 consistent with prior years, and 3)clarifies sponsorship requirements.
The proposed Amendment No. 5 will clarify terms and conditions of the Agreement including
extending the term to 2024
ANALYSIS
Due to the COVI D-19 pandemic, on or about April 6,2020, in consultation with the Producer,
the City exercised the force majeure provision of the Agreement, and cancelled the 2020
Annual Show, and
Each year,the Air&Sea Show provides the City of Miami Beach residents and visitors an
opportunity the celebration of our active military,first responders,veterans and those that have
paid the ultimate sacrifice. In addition,the event serves the community by educating, engaging
and exposing the Miami Beach's next generation to potential careers.
The event has positively changed the tone and tenor of Memorial Day Weekend in the City and
continues to be an event welcomed by residents,visitors, businesses and the community as
well as being an economic driver for restaurants, shops and hotels.
Given the current tourism challenges faced by the City in the short-term,the Administration
recommends Amendment No. 5 which extends the agreement to produce the Air&Sea show
for an additional three (3)years (2021,2022,and 2023-each an"Annual Shoud')as well as
specifies the terms and conditions for the activations of each Annual Show, including City
payment of a maximum contribution of$350,000 for event-related public services for each
Annual Show, and the City's waiver of special event permit fees, user fees and square footage
Page 229 of 435
fees for each Annual Show.
FINANCIAL INFORMATION
$350,000 Public Services, special event fees, user fees and square footage fees.
CONCLUSION
The Administration recommends approval of the Amendment No. 5.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Tourism and Culture
ATTACHMENTS:
Description
❑ Resolution
Page 230 of 435