Resolution 2020-31338 RESOLUTION NO. 2020-31338
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 24,
2020 MEETING, TO APPROVE AN AMENDMENT TO THE CURRENT
AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI
CONVENTION AND VISITORS BUREAU (GMCVB); SAID AMENDMENT
EXTENDING THE INITIAL TERM OF THE AGREEMENT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, COMMENCING ON OCTOBER 1, 2020,
AND EXPIRING ON SEPTEMBER 30, 2021 AND RESTRUCTURING THE
FINANCIAL TERMS OF THE AGREEMENT; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT.
WHEREAS, the City has been contracting with the Greater Miami Convention and
Visitor's Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach
Convention Center(MBCC) and Miami Beach as a principal tourist destination; and
WHEREAS, the GMCVB is primarily responsible for marketing, pursuing and securing
MBCC sales and, together with the MBCC management (Spectra), for pursuing booking large
and long term business; and
WHEREAS, the GMCVB engages in local, national and international marketing of Miami
Beach as a principal tourist destination; and
WHEREAS, on October 21, 2015, the City Commission adopted Resolution No. 2015-
29192, authorizing a five (5) year agreement with GMCVB, commencing retroactively from
October 1, 2015, and ending on September 30, 2020 (the Agreement); and
WHEREAS, the Agreement provides that it may be renewed by mutual agreement of the
City and GMCVB, for an additional five (5) year term, based on the GMCVB's satisfactory
performance under the Agreement including, but not limited to, achievement of performance
metrics set forth in the Agreement; and
WHEREAS, notwithstanding the preceding, in lieu of renewing the Agreement for the
final five (5) year term, the City Administration recommends extending the Agreement, for up to
one (1) year, which extension would commence on October 1, 2020, and terminate no later than
September 30, 2021 (the "Extension Period"); and
WHEREAS, during the Extension Period, the City Administration would prepare (subject
to City Commission approval) and issue a new competitive solicitation for all or a portion of the
services currently provided by the GMCVB under the current Agreement; and
WHEREAS, in consideration of the Extension Period, the City and GMCVB hereby wish
to amend certain financial terms of the Agreement as follows. (These terms shall commence
with the commencement of the Extension Period or October 1, 2020):
(A) The City and GMCVB hereby agree to a revised base fee of 10.5% of the
2% Municipal Resort Tax, net of a collection of 4% of the all sums collected
on Municipal Resort Taxes, generated from the sale of hotel rooms, food
and beverage, and alcohol throughout the City of Miami Beach;
(B) The GMCVB will contribute seventy-five thousand dollars ($75,000) to
finance. and collaborate with the City, on a Miami Beach Branding Identity
Consulting Project;
(C) The City and GMCVB hereby agree that the monthly payment schedule from
the City to the GMCVB will be as follows: seven hundred and fifty thousand
dollars ($750,000) a month for October, November and December 2020; five
hundred thousand dollars ($500,000) a month for January, February, and
March 2021; the months of April to September 2021 will reflect actual
collections less any adjustment necessary to reflect actual collections versus
payments made between October 2020 and March 2021, which total three
million, seven hundred and fifty thousand dollars ($3,750,000); if payments
are made to the GMCVB between October 2020 and March 2021, which
total three million, seven hundred and fifty thousand dollars ($3,750,000),
are more than the actual collections from 10.5% of the 2% Municipal Resort
Tax collection over the whole of the fiscal year, then the GMCVB will be
required to refund any amount over and above the actual collections from
10.5% of the 2% Municipal Resort Tax collection;
(D) The City and GMCVB hereby agree to the deletion of Section 1.04(b),
Section 4.01 of the Agreement, and any other Section of the Agreement
referencing the GMCVB's entitlement to an Incentive Fee; and
WHEREAS, at its meeting, on July 24, 2020, the Finance and Economic Resiliency
Committee concurred with the Administration's recommendation to extend the Agreement
for the Extension Period, subject to the terms contained in this Resolution and subject to
parties execution of the attached Amendment No. 1 of the Agreement; and
WHEREAS, approval and execution of Amendment No. 1 will give the City sufficient
time to prepare a new solicitation and go through the solicitation process, in order to
competitively procure a new agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Economic Resiliency
Committee, at its July 24, 2020 meeting, to approve an amendment to the current agreement
between the City of Miami Beach (City) and the Greater Miami Convention and Visitors Bureau
(GMCVB); said amendment extending the initial term of the Agreement for an additional one (1)
year period commencing on October 1, 2020, and expiring on September 30, 2021 and
restructuring the financial terms of the agreement; and authorizing the Mayor and City Clerk to
execute said amendment.
PASSED and ADOPTED this o19 day of -!y , 2020.
Dan Gelber, Mayor
ATTEST:
Ec^i'a
Raf el E. Granado, City Clerk '.INC�RPnOg.Ai��
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APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
(Of '1 )-04-112-D
Ci Attorney ate
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
THE GREATER MIAMI CONVENTION AND VISITORS BUREAU
This Amendment No. 1 to the Agreement, is made and entered into this
day of , 2020, by and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation having its principal office at 1700 Convention Center
Drive, Miami Beach, Florida, 33139 (City or Miami Beach), and the GREATER MIAMI
CONVENTION AND VISITORS BUREAU, INC., a Florida not-for-profit corporation,
whose current address is 701 Brickell Avenue, Suite 2700, Miami, FL 33131 (the Bureau
or GMCVB).
RECITALS
WHEREAS, the City has been contracting with the Greater Miami Convention
and Visitor's Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach
Convention Center(MBCC) and Miami Beach as a principal tourist destination; and
WHEREAS, the GMCVB is primarily responsible for marketing, pursuing and
securing MBCC sales and, together with the MBCC management (Spectra), for pursuing
booking large and long term business; and
WHEREAS, the GMCVB engages in local, national and international marketing
of Miami Beach as a principal tourist destination; and
WHEREAS, on October 21, 2015, the City Commission adopted Resolution No.
2015-29192, authorizing a five (5) year agreement with GMCVB, commencing
retroactively from October 1, 2015, and ending on September 30, 2020 (the Agreement);
and
WHEREAS, the Agreement provides that it may be renewed by mutual
agreement of the City and GMCVB, for an additional five (5) year term, based on the
GMCVB's satisfactory performance under the Agreement including, but not limited to,
achievement of performance metrics set forth in the Agreement; and
WHEREAS, notwithstanding the preceding, in lieu of renewing the Agreement for
the final five (5) year term, the City Administration recommends extending the
Agreement, for up to one (1) year, which extension would commence on October 1,
2020, and terminate no later than September 30, 2021 (the "Extension Period"); and
WHEREAS, during the Extension Period, the City Administration would prepare
(subject to City Commission approval) and issue a new competitive solicitation for all or
a portion of the services currently provided by the GMCVB under the current Agreement;
and
WHEREAS, in consideration of the Extension Period, the City and GMCVB
hereby wish to amend certain financial terms of the Agreement as follows. (These terms
shall commence with the commencement of the Extension Period or October 1, 2020):
(A) The City and GMCVB hereby agree to a revised base fee of 10.5%
of the 2% Municipal Resort Tax, net of a collection of 4% of the all
sums collected on Municipal Resort Taxes, generated from the sale
of hotel rooms, food and beverage, and alcohol throughout the City
of Miami Beach;
(B) The GMCVB will contribute seventy-five thousand dollars ($75,000)
to finance and collaborate with the City, on a Miami Beach Branding
Identity Consulting Project;
(C) The City and GMCVB hereby agree that the monthly payment
schedule from the City to the GMCVB will be as follows: seven
hundred and fifty thousand dollars ($750,000) a month for October,
November and December 2020; five hundred thousand dollars
($500,000) a month for January, February, and March 2021; the
months of April to September 2021 will reflect actual collections less
any adjustment necessary to reflect actual collections versus
payments made between October 2020 and March 2021, which total
three million, seven hundred and fifty thousand dollars ($3,750,000);
if payments are made to the GMCVB between October 2020 and
March 2021, which total three million, seven hundred and fifty
thousand dollars ($3,750,000), are more than the actual collections
from 10.5% of the 2% Municipal Resort Tax collection over the whole
of the fiscal year, then the GMCVB will be required to refund any
amount over and above the actual collections from 10.5% of the 2%
Municipal Resort Tax collection;
(D) The City and GMCVB hereby agree to the deletion of Section
1.04(b), Section 4.01 of the Agreement, and any other Section of the
Agreement referencing the GMCVB's entitlement to an Incentive
Fee; and
WHEREAS, at its meeting, on July 24, 2020, the Finance and Economic
Resiliency Committee concurred with the Administration's recommendation to
extend the Agreement for the Extension Period, subject to the terms contained in
this Resolution and subject to parties execution of the attached Amendment No. 1
of the Agreement; and
WHEREAS, approval and execution of Amendment No. 1 will give the City
sufficient time to prepare a new solicitation and go through the solicitation process,
in order to competitively procure a new agreement.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements herein contained, and other good and valuable consideration, in receipt and
adequacy of which are hereby acknowledged and intending to be legally bound, the City
and GMCVB hereby amend the Agreement as follows:
1. The aforestated recitals are true and correct and incorporated by reference herein.
2. Section 2 of the Agreement, entitled "Term/Default and Termination," is amended as
follows:
Section 2.05/ Extension Period.
Notwithstanding any term or condition in this Section 2, or in the Agreement, the City
and the GMCVB have determined that it is in the parties' best interest to extend the
initial term of the Agreement for an additional one (1) year period, commencing on
October 1, 2020, and ending on September 30, 2021 (the Extension Period). During
this Extension Period, the terms of the Agreement shall remain in full force and
effect, except as hereinafter, amended in this Amendment No. 1.
3. The City and GMCVB hereby mutually agree to amend certain financial terms of the
Agreement as follows. These terms shall commence with the commencement of the
Extension Period, or October 1, 2020:
(A) The City and GMCVB hereby agree to a revised base fee of 10.5%
of the 2% Municipal Resort Tax, net of a collection of 4% of the all
sums collected on Municipal Resort Taxes, generated from the sale
of hotel rooms, food and beverage, and alcohol throughout the City
of Miami Beach.
(B) The GMCVB will contribute seventy-five thousand dollars ($75,000)
to finance and collaborate with the City, on a Miami Beach Branding
Identity Consulting Project.
(C) The City and GMCVB hereby agree that the monthly payment
schedule from the City to the GMCVB will be as follows: seven
hundred and fifty thousand dollars ($750,000) a month for October,
November and December 2020; five hundred thousand dollars
($500,000) a month for January, February, and March 2021; the
months of April to September 2021 will reflect actual collections less
any adjustment necessary to reflect actual collections versus
payments made between October 2020 and March 2021, which total
three million, seven hundred and fifty thousand dollars ($3,750,000);
if payments are made to the GMCVB between October 2020 and
March 2021, which total three million, seven hundred and fifty
thousand dollars ($3,750,000), are more than the actual collections
from 10.5% of the 2% Municipal Resort Tax collection over the whole
of the fiscal year, then the GMCVB will be required to refund any
amount over and above the actual collections from 10.5% of the 2%
Municipal Resort Tax collection.
(D) The City and GMCVB hereby agree to the deletion of Section
1.04(b), Section 4.01 of the Agreement, and any other Section of the
Agreement referencing the GMCVB's entitlement to an Incentive
Fee.
4. No Further Modifications. Except as provided in this Amendment No. 1, the
Agreement remains unmodified and in full force and effect. All references to the
Agreement in the Agreement or in any other document referencing the Agreement
shall be deemed to refer to the Agreement, as amended hereby. In the event of any
conflict with the provision of the Agreement and the Amendment No 1, this
Amendment No.1 shall control
IN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Dan Gelber, Mayor
GREATER MIAMI CONVENTION AND
VISITORS BUREAU, INC.
ATTEST:
Chief Executive Officer
Secretary
Print Name
Print Name
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
9Attq;kttktt
City Attorney Date
Resolutions-C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY
17, 2020 MEETING, TO APPROVE AN AMENDMENT TO THE CURRENT
AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI
CONVENTION AND VISITORS BUREAU (GMCVB); SAID AMENDMENT
RESTRUCTURING THE FINANCIAL TERMS OF THE AGREEMENT, AND
EXTENDING THE INITIAL TERM OF THE AGREEMENT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, COMMENCING ON OCTOBER 1,
2020,AND EXPIRING ON SEPTEMBER 30, 2021.
•
Applicable Area
Citywide
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
Page 384 of 2461