HomeMy WebLinkAboutOrdinance 2024-4679 ORDINANCE NO. 20244679
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "ARTS, CULTURE
AND ENTERTAINMENT," BY AMENDING ARTICLE ill, ENTITLED"CITY
SPONSORSHIP OF EVENTS," BY AMENDING SECTION 12-9
THEREOF,ENTITLED"SPONSORSHIP TERMS AND CONDITIONS"TO
ALLOW FOR A LARGER ADVANCE OF ANY CITY CASH
SPONSORSHIP CONTRIBUTION MADE IN ADVANCE OF THE EVENT
IF (A) THE EVENT ORGANIZER CAN ESTABLISH THAT LIMITING THE
ADVANCE TO FIFTEEN PERCENT(15%)WOULD CAUSE AND UNDUE
HARDSHIP, (B) THE EVENT ORGANIZER IS A MIAMI BEACH-BASED
NON-PROFIT ORGANIZATION, (C) THE EVENT ORGANIZER HAS
PRODUCED THE EVENT IN QUESTION FOR AT LEAST FIVE (5)
YEARS, AND (D) THE EVENT BUDGET IS NOT GREATER THAN
$500,000; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, currently, section 12-9 of the City Code provides that no more than
15 percent of any city cash sponsorship contribution may be made in advance of the
event, with all remaining cash contributions to be made on a reimbursement basis,
following the conclusion of the event and submission of the final report referenced in
subsection 12-9(bx1); and
WHEREAS, the Mayor and City Commission wish to amend Section 12-9 to allow
for a larger advance percent of any City cash contribution made in advance of the event
if (a) the event organizer can establish that limiting the advance to 15 percent would
create an undue hardship due to contractual obligations to pay artists and production
companies that provide sound, light, staging and other production equipment advances
and/or payments that are due immediately upon the conclusion of the event, (b)the event
organizer is a Miami Beach-based non-profs organization, (c) the event organizer has
produced the event in question for at least five (5) years, and (d) the event budget is not
greater than $500,000.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Chapter 2, "Arts, Culture and Entertainment," Article III, "City
Sponsorship of Events," Section 12-9, "Sponsorship Terms and Conditions" of the Code
of the City of Miami Beach is hereby amended as follows:
Chapter 12
ARTS, CULTURE AND ENTERTAINMENT
ARTICLE Ill. CITY SPONSORSHIP OF EVENTS
x x x
Sec. 12.9. Sponsorship terms and conditions.
(a) In no event shall any sponsorship contract provide for a waiver of city costs.
(b) Any sponsorship approved pursuant to this article shall be memorialized in a
sponsorship contract, which shall, at a minimum, include the following
provisions:
(1) That the event organizer shall provide a final report to the city, which report
shall include third-party verification of event outcomes including, without
limitation, event attendance figures, media impressions generated by the
event, and number of City of Miami Beach room nights generated by the
event.
(2)That no more than 15 percent of any city cash sponsorship contribution may
be made in advance of the event, with all remaining cash contributions to be
made on a reimbursement basis, following the conclusion of the event and
submission of the final report referenced in subsection (bx1) herein,
however. if (i) the event organizer can establish with documentation
acceptable to the city manager (or designee) in their sole discretion that
limiting the advance to 15 percent would cause undue hardship due to
contractual obligations to pay artists and/or production companies that
provide sound light staging and other production equipment advances
and/or payments that are due immediately upon the conclusion of the evens
Oil the event organizer is a Miami Beach-based non-profit organization (iii)
the event organizer has produced the event in question for at least five (5)
Years, and (iv) the event budget is not greater than $500 000 then the city
manager(or designee) may pay an advance that is greater than 15 percent
in such amount and subiect to such conditions as the city manager (or
designee)shall determine;
(3) That the event organizer shall comply with all governmental requirements
and laws applicable to the conduct of its business and the production of the
event;
(4)That the city shall have the right to audit the event organizer's compliance
with the sponsorship contract and performance thereunder, in accordance
with generally accepted accounting principles; and
(5)That the city shall receive sponsorship recognition, on all media or
promotional platforms related to the event, at the same sponsorship level as
other sponsors providing financial or other support comparable to the city's
sponsorship.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
2
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention, and the word 'ordinance" may
be changed to "section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect 10 days after passage.
PASSED AND ADOPTED this day of PfGtro(pGr_ 2024,
ATTEST:
DEC 12 2024 Steven M ---- ~—einer, Mayor
Rafa E- Granado, Gity Clerk
, F
(Sponsored by Vice Mayor Alex J. Fernandez)
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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CityAttomey Date
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Ordinances - RS M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopioo
DATE: December 11, 2024 9:55 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 12 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED, "ARTS, CULTURE AND ENTERTAINMENT,' BY
AMENDING ARTICLE III, ENTITLED "CITY SPONSORSHIP OF EVENTS," BY
AMENDING SECTION 12-9 THEREOF, ENTITLED "SPONSORSHIP TERMS AND
CONDITIONS" TO ALLOW FOR A LARGER ADVANCE OF ANY CITY CASH
SPONSORSHIP CONTRIBUTION MADE IN ADVANCE OF THE EVENT IF (A)THE
EVENT ORGANIZER CAN ESTABLISH THAT LIMITING THE ADVANCE TO
FIFTEEN PERCENT (15%) WOULD CAUSE AND UNDUE HARDSHIP, (8) THE
EVENT ORGANIZER IS A MIAMI BEACH-BASED NON-PROFIT ORGANIZATION,
(C)THE EVENT ORGANIZER HAS PRODUCED THE EVENT IN QUESTION FOR
AT LEAST FIVE (5) YEARS, AND (D) THE EVENT BUDGET IS NOT GREATER
THAN $500,000; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BAC,KGROUNDIHISTORY
ANALYSIS
At the request of Commissioner Alex Fernandez, the attached Ordinance has been placed on the
City Commission meeting agenda for first reading.
Currently, section 12-9 of the City Code provides that no more than 15 percent of any city cash
sponsorship contribution may be made in advance of the event, with all remaining cash
contributions to be made on a reimbursement basis, following the conclusion of the event and
submission of the final report referenced in subsection 12-9(b)(1). This limitation can cause
hardship to event organizers who rely on the City's sponsorship dollars to pay advances to artists
or production companies that supply sound,light, staging and other equipment. In addition to the
payment of advances, artist agreements typically require the event organizer to pay the balance
in full at the conclusion of the artist's performance.
The proposed ordinance would amend Section 12-9 to allow for a larger advance if(a)the event
organizer can establish that limiting the advance to only fifteen percent would create an undue
hardship due to contractual obligations to pay artists and production companies that provide
sound, light, staging and other production equipment advances andlor payments that are due
immediately upon the conclusion of the event, (b)the event organizer is a Miami Beach-based
non-profit organization, (c)the event organizer has produced the event in question for at least five
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(5) years, and (d) the event budget is not greater than $500,000. The amount of such larger
advance, and the appiiable conditions, shall be determined by the city manager (or designee).
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 11/27/2024
See BIE at: https Jlwww miamibeachfl govicity-halVcityrolerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G O Bond
pursuant to City Code Section 2-177 Project?
No No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec 2.481
includes a principal engaged in lobbying?
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsortsl
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
g:55 a.m. 2n° Rdg, Allow Larger Advances Sponsorship Contributions. (Fernandez)CA
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