Amendment No.1 PSA with Tom Bercu Presents, Inc DocuSign Envelope ID:081E915F-F185-49D5-87E8-011EE4A1F975 ( /` 2-2— 323 G3
AMENDMENT NO. I TO THE CONSULTANT SERVICE ORDER#2
ISSUED PURSUANT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
TOM BERCU PRESENTS, INC.
FOR
PURSUANT TO REQUEST FOR QUALIFICATIONS NO.2020-057-ND
This Amendment No. 1 (this "Amendment") to the Consultant Service Order No. 2 dated
as of August 1, 2022 (the "CSO") issued pursuant to that certain Professional Services
Agreement dated February 27, 2021 (the "Agreement"), is made and entered into as of
the 26th day of January, 2023, by and between the City of Miami Beach, Florida, a
municipal corporation organized and existing under the laws of the State of Florida, having
its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida
33139 (the "City"), and Tom Bercu Presents, Inc., a California corporation, having its
principal address at 8033 Sunset Blvd., Suite 412, Los Angeles, CA 90046 (the
"Consultant").
•
RECITALS
WHEREAS, the City and Consultant executed the CSO based on the premise that
the Consultant would supervise, but not produce, various concerts, sporting events,
activities and other activation forming part of the "Miami Beach Live 2023" Series (the
. "Event") as further described in the Proposal attached as Exhibit"1"to the CSO; and
WHEREAS,the City and Consultant have agreed that Consultant will be responsible
for producing two musical concerts on March 4, 2023 (United First Responders Music
Festival)and March 11, 2023 (talent to be confirmed) (collectively,the "Concerts"); and
WHEREAS,the Parties desire to amend the CSO to modify the scope of services to
be provided by Contractor and funding mechanism with respect to the Concerts.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant hereby agree to amend the CSO as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment. The paragraph headings of this Amendment are for convenience
and reference only and none of such headings shall limit or amplify the meaning,
application or construction of any of the provisions of this Amendment. Capitalized
terms not defined herein shall have the meanings assigned such terms in the CSO
or the Agreement(as the context requires).
2. MODIFICATION OF SCOPE OF SERVICES.
Solely with respect to the Concerts, the Specific Scope of Services set forth in
Exhibit"1"shall be replaced with the following Specific Scope of Services:
FEB 0 3 2Li23
DocuSign Envelope ID:081E915F-F185-49D5-87E8-011 EE4A1 F975
Specific Scope of Services
A. Consultant's Obligations
1. Master Plan.
a. Promptly following the execution of this Amendment, Consultant shall
develop and deliver to the City a proposed Master Plan (including site plan)for the
Concerts,which shall be subject to the City Manager's written approval. If the City
Manager or her designee provides any comments or rejects any components of
the proposed Master Plan, Consultant shall incorporate such comments and
resubmit the Master Plan in such manner as would satisfy the City Manager or her
designee.
b. Subject to the City Manager's written approval of the Consultant's Master
Plan, Consultant's responsibilities shall include,without limitation, the following:
Creation of event site map for the Concerts.
ii. Furnishing 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
during the Concerts.
iii. Arranging for approved vendor concessions inside the enclosed Event Site
map including food, beverages and alcohol, as may be approved by the City
Manager.Consultant 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 non-alcoholic beverages must be in compliance with the
City's exclusive beverage contract,unless the City Manager, in her 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. Consultant is expected to work with the City's
beach concessionaire(s), if applicable, in connection with finalizing the operating
plan for Event-related concessions on the Event Site, which operating plan shall
be subject to the prior written approval of the City Manager's designee.
iv. Consultant 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.
v. Consultant shall ensure all applicable federal, state and local approvals,
permits, and licenses are obtained, including but not limited to building permits,
electrical inspections,concession permits, police and fire approvals,and any other
approvals that may be required.for any aspect of the Concerts all within required
timelines that do not negatively impact programming for the Concerts or other
activations taking place during the Event.
vi. Consultant shall prepare and submit to the City within one (1) week from
the execution of this Amendment for approval by the City Manager or herdesignee,
a budget reflecting the reasonable costs of all of the elements of the Concerts,
Page 2 of 5
DocuSign Envelope ID:081E915F-F185-49D5-87E8-011EE4A1F975
including, but not limited to, (A) talent fees, which shall not exceed Five Hundred
Thousand Dollars ($500,000) in the aggregate; (B) production costs, which shall
not exceed One Hundred Seventy-Five Thousand Dollars ($175,000) in the
aggregate; (C) signage costs, which shall not exceed Twenty-Five Thousand
Dollars($25,000)in the aggregate;and(D)miscellaneous costs, such as security,
portable toilets and production insurance expense, which shall not exceed One
Hundred Seventy-Five Thousand $175,000) in the aggregate. Funding available
to defray the costs of producing the Concerts, such as Sponsorship Funds, ticket
sales, or donations, if any, shall be reflected on the budget. Accordingly,the total
budget for the Concerts shall not exceed Eight Hundred Seventy-Five Thousand
Dollar ($875,000) (the "Concerts Budget Cap"). Consultant may, with the prior
written consent of the City Manager or her designee, reallocate moneys among
the various line items so long as the total does not exceed the Concerts Budget
Cap.
vii. Except as expressly modified herein, the Concerts and the production
thereof shall at all times be consistent with applicable terms of the CSO and the
Agreement.
2. Marketing & Promotion •
Consultant shall work with City's Communications and Marketing Department, the
Greater Miami Convention and Visitor Bureau("GMCVB")and Miami Beach Visitor
and Convention Authority ("VCA") teams to creation and implement effective
marketing, public relations and social media plans for the Concerts,subject to the
prior written approval of the City Manager or her designee.
3. Production of Events
The Consultant shall manage and produce, on behalf of the City, every aspect of
the Concerts pursuant to the approved budget.
4. Logistics
Consultant 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. Participation 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 Consultant utilize Good Will Ambassadors, Consultant 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.
5. Additional Consultant Obligations
Page 3 of 5
DocuSign Envelope ID:081 E915F-F185-49D5-87E8-011 EE4A1 F975
Consultant shall:
a. Attend weekly meetings with the City's Tourism and Culture Department
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 Concerts 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 Concerts,which approval shall be in writing.
6. Final Report Deliverable
Refer to Exhibit"1"to the CSO.
7. Time of the Essence
Consultant acknowledges that time is of the essence. Consultant shall perform in
accordance with the timelines to be reflected within the approved Master Plan.
3. MODIFICATION OF FUNDING MECHANISAI1 FOR CONCERTS.
The City acknowledges that the Consultant should not be burdened with the
obligation to advance funds necessary to pay for talent fees and production
costs to produce the Concerts on behalf of the City. Accordingly, notwithstanding
anything in Section 4.1 of the CSO to the contrary, the City will advance to
Consultant (or to the appropriate third party), upon Consultant's request, the
amounts required to pay talent deposits and production equipment deposits, upon
presentation of duly executed deal sheets, invoices or other documentation
reasonably satisfactory to the City evidencing Consultant's obligation to make the
payment(s)reflected therein. In addition,the City shall advance additional monies
as additional payments by the Consultant become due. For the avoidance of
doubt, the City's financial obligation with regard to the production of the Concert
shall not exceed Eight Hundred Seventy-Five Thousand Dollars ($875,000)all-in.
At the conclusion of the Concerts, in addition to the "Final Report Deliverable" to
be provided pursuant to item A7 in Exhibit "1" to the CSO, the Consultant shall
provide a complete financial reconciliation to the City. The Consultants shall
provide a complete financial reconciliation to the City. Any moneys previously
advanced and unused for talent fees or production costs shall accrue solely to the
benefit of the City and be promptly reimbursed to the City. For the avoidance of
doubt, in no event will the City have or owe any liability to the Consultant or any
third-party for any costs in excess of the Concerts Budget Cap. Consultant shall
be solely responsible for all costs in excess of the Concerts Budget Cap, except
as approved in accordance with the terms of this Agreement.
4. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement and
the CSO shall remain unchanged and in full force and effect. In the event there is
a conflict between the provisions of this Amendment and the Agreement or the
CSO, the provisions of this Amendment shall govern.
Page 4 of 5
DocuSign Envelope ID:081 E915F-F185-49D5-87E8-011 EE4A1 F975
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY]
IN WITNESS WHEREOF,the parties hereto have executed this Amendment:
City: Consultant:
Tom Bercu Presents, Inc.
1/30/23
By:
Departme ector Date Print Name: Tom Bercu
Title: Principal
Date: January 30,2023
ld 1' -21 V2-
Assis City Manager Date
2
C. Manager Date
ATTEST:
FEB 0 3 71173
APPROVED AS TO
FORM&LANGUAGE ,
&FOR EXECUTION Rat to L]ritii o'City Clerk
ti30rz3 l b�\1 iNi ....,q„
City Attorney Dote
•tip, '
a4j,�C H 26
Page 5 of 5
TOURISM AND CULTURE DEPARTMENT
DATE: 2/03/2023
TO: Alina Hudak, City Manager
Marcia Monserrat, Chief of Staff
FROM: Lissette Garcia Arrogante,Tourism and Culture Directo
SUBJECT: Sponsorship Agreement
For:
Information Only
X Review & Approval
X City Manager's Signature
Other
Comments:
❑ Fee Waiver Memo/Consecutive Day Clause Memo
❑ Street Closure:
❑ Special Event Permit(s):
Other: Special Events Sponsorship Agreement-Tom Bercu Presents
Inc.
•
❑ Film Permit:
Return to:
Lissette A. x26597 ❑ Francys Vallecillo 26326.
Date Needed:
DocuSign Envelope ID:081 E915F-F185-49D5-87E8-011 EE4A1 F975
MIAMIBEACH
Consultant Service Order—Amendment No 1—Tom Bercu Presents
Tourism and Culture Department
r--DocuSigned by: rt�—Ilo,ocuSignednb'y:
Lissette Garcia Arrogante Marcia Monserrat 'vtpy(iq 1vtQln S(yyqi-
ED5AC282A6E2410_. 0F73856C56D948D•
...
Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor X Type 8—Other:Special Events Sponsorship Agreement
•
Based on the FY 2022/23 adopted budget,an amount of$3,200,000 was approved for March 2023 Spring Break
activations. The Mayor and City Commission approved Resolution 2022-32363 to allow the Administration to
enter into agreements for March 2023 programming.This amendment to the Consultant Service Order with Tom
Bercu Presents, Inc.adds producing responsibilities for Miami Beach Live! and modifies the funding schedule for
the agreement. This amendment will not create an additional fiscal impact as the amounts mentioned in the
amendment are included in the$3,200,000 mentioned above.
One(1)Time One(1)Time
. A.
Grant Funded: Yes No State Federal Other:
Mitending Sock
Annual Cost accounts Re' > hancem�,.
1 $875,000 160-4300-000349-00-406-555-00-00-00- Yes X No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of
the annual adopted operating budget.
Authority to Sign
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32363 C7 T October 26,2022
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Procurement: Grants:
Budget: Tameka' fF8SIOnfl by: Information Technology:
IlitiLLO MO Yf
\---920B4A610E E 1463...
DocuSign Envelope ID.081 E915F-F185-49D5-87E8-011 EE4A1 F975
Risk Management: Fleet&Facilities:
Human Resources: Other:
DocuSign Envelope ID:081 E915F-F185-49D5-87E8-011 EE4A1 F975
1. Every field must be completed. If the requested information is not applicable,enter N/A.
2. It is advisable to confirm the authority to sign,funding/account information,risk management compliance,
and controlled purchases(IT or Fleet/Facilities)with the appropriate department prior to routing a document.
3. Attach all supporting documentation(e.g., resolutions,commission memorandums,etc.)when routing.
4. When creating the workflow in DocuSign,in addition to the department head and applicable assistant/deputy
city manager, make sure the individuals(or designees)indicated in the Required Compliance Approvals section
below are included in the approval path. Note that compliance approvers must approve prior to the ACM.
5. The City Manager does not need to sign the coversheet.
6. If you have any questions,contact the Procurement Department.
v Require. ornpliance Approvals
When routing documents for approval by the city manager,in addition to the department head and applicable city
manager, make sure the following individuals (or designees) are included in the approval path depending on each
contract type.
Type 1—Contract, amendment, or task order for the purchase of goods or services resulting from a competitive
solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart)
• Grants(Judy Hoanshelt)—if the purchase is grant-funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a "facilities"or"vehicle"item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement-
issued competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart).
• Risk Management(Sonia Bridges)
• Grants(Judy Hoanshelt)—if the purchase is grant-funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 3—Independent Contractor Agreements
• Human Resources Director(Marla Alpizar)
Type 4—Grant agreements when City recipient
• Grants(Judy Hoanshelt)
Type 5—Grant agreements when City grantor
• As appropriate,depending on grant type
Type 6—Tenant agreements
• Facilities and Fleet(Adrian Morales)
Type 7—Inter-governmental agency agreement
• Marcia Montserrat
Any other type:Contact the Procurement Department for assistance.