Resolution 2022-32402 RESOLUTION NO., 2022-32402
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE RHYTHM FOUNDATION, INC., FOR THE OPERATION
OF THE MIAMI BEACH BANDSHELL TO PROVIDE THE FOLLOWING
ADDITIONAL, NOT-FOR PROFIT EVENT WAIVERS: FOUR (4)
ADDITIONAL RENTAL WAIVERS BETWEEN JANUARY 1, 2023 AND
JUNE 30, 2023, AND TWO (2) ADDITIONAL RENTAL WAIVERS
BETWEEN JULY 1, 2023, AND DECEMBER 31, 2023, WITH THE CITY'S
RESPONSIBILITY FOR THE TECHNICAL AND OTHER OUT-OF-
POCKET COSTS ASSOCIATED WITH ALL EIGHTEEN (18) RENTAL
WAIVERS NOT TO EXCEED $2,500 FOR A SINGLE-DAY RENTAL AND
$5,000 FOR A MULTI-DAY RENTAL, OR AS OTHERWISE
RECOMMENDED BY THE FINANCE AND ECONOMIC RESILIENCY
COMMITTEE AT ITS NOVEMBER 14, 2022 MEETING.
WHEREAS, at the October 26, 2022 City Commission meeting, at the request of
Commissioner David Richardson, the Mayor and City Commission referred to the Finance
and Economic Resiliency Committee ("FERC") a discussion regarding improving the
City's Community Benefit Waiver Program and City's support for Non-Profit Events at City
Venues such as the Fillmore Miami Beach, the Colony Theatre, and the Miami Beach
Bandshell; and
WHEREAS, pursuant to the City's Management Agreement with Live Nation, a
surcharge of$1.50 per ticket sold at the Fillmore Live Nation is allocated to a Community
Benefit Fund, which is used to underwrite performing arts activities in Miami Beach; and
WHEREAS, the City's Management Agreement with the Rhythm Foundation, Inc.,
for the operation of the Miami Beach Bandshell contains provisions to provide for up to
twelve (12) annual rental waivers for qualifying non-profit events; and
WHEREAS, the rental waiver applications are reviewed by the Tourism and
Culture Department, and awarded by the Cultural Arts Council; and
WHEREAS, at its November 14 meeting, FERC is expected to discuss the referral
and make a recommendation to amend the Management Agreement between the City
and Rhythm Foundation, Inc., for additional rental waivers for the benefit of non-profit
cultural arts events in the City; and
WHEREAS, the proposed amendments to the Management Agreement would
provide four (4) additional not-profit event rental waivers between January 1, 2023 and
June 30, 2023, and two (2)additional rental waivers between July 1, 2023, and December
31, 2023, with the City's responsibility for the technical and other out-of-pocket costs
associated with all 18 rental waivers not to exceed $2,500 for a single-day rental and
$5,000 for a multi-day rental.
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 an amendment to the Management Agreement between the
City of Miami Beach and the Rhythm Foundation, Inc., for the operation of the Miami
Beach Bandshell to provide the following additional, not-for profit event waivers: four (4)
additional rental waivers between January 1, 2023 and June 30, 2023, and two (2)
additional rental waivers between July 1, 2023, and December 31, 2023, with the City's
responsibility for the technical and other out-of-pocket costs associated with all eighteen
(18) rental waivers not to exceed $2,500 for a single-day rental and $5,000 for a multi-
day rental, or as otherwise recommended by Finance and Economic Resiliency
Committee at its November 14, 2022 meeting.
PASSED and ADOPTED this g day of 401/eNbe/ , 2022.
ATTEST:
7)-1 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
(sponsored by Commissioner David Richardson)
IIICORPff GRATED.
%2•. P
NOV 1 7 2022 N Z ° "_
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Resolutions-C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: November 16, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE
MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE RHYTHM FOUNDATION, INC., FOR THE OPERATION OF THE
MIAMI BEACH BANDSHELL TO PROVIDE THE FOLLOWING
ADDITIONAL, NOT-FOR-PROFIT EVENT WAIVERS: FOUR (4)
ADDITIONAL RENTAL WAIVERS BETWEEN JANUARY 1, 2023 AND JUNE
30, 2023, AND TWO (2) ADDITIONAL RENTAL WAIVERS BETWEEN JULY
1, 2023, AND DECEMBER 31, 2023, WITH THE CITY'S RESPONSIBILITY
FOR THE TECHNICAL AND OTHER OUT-OF-POCKET COSTS
ASSOCIATED WITH ALL EIGHTEEN (18) RENTAL WAIVERS NOT TO
EXCEED $2,500 FOR A SINGLE-DAY RENTAL AND $5,000 FOR A MULTI-
DAY RENTAL,, OR AS OTHERWISE RECOMMENDED BY THE FINANCE
AND ECONOMIC RESILIENCY COMMITTEE AT ITS NOVEMBER 14, 2022
MEETI NG.
ANALYSIS
Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution
is submitted for consideration by the Mayor and City Commission at the November 16, 2022
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The sponsor of this item requests that the Administration provide the estimated total amounts
associated with the four additional rental waivers and out-of-pocket costs as set forth in this
Resolution.
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Page 885 of 1416
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
Resolution
Page 886 of 1416