HomeMy WebLinkAboutM-87-10579S
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members DATE: NOV 41907 FILE:
of the City Commission
I SUBJECT: City's Confirmation of
Interlocal Agreement
Cesar H. Odio f
FROM City Manager REFERENCES:
ENCLOSURES:
It is respectfully recommended that you consider the following matter
as a discussion item, with the possibility of resulting legislation.
The Department of Conferences and Conventions presents to the City
Commission for consideration and review, a proposed Resolution
authorizing the City Manager to Execute the Third Amended and
Restated Interlocal agreement and Contract with the Greater Miami
Convention and Visitors Bureau.
The City of Miami entered into The Second Amended and Restated
Interlocal Agreement and Contract with Greater Miami Convention and
Visitors Bureau on October 1, 1986, for a period of one (1) year, as
'one of four Participating Public Agencies, the others being
Metropolitan Dade County, The City of Miami Beach and the Village of
Bal Harbour.
The Third Amended and Restated Interlocal Agreement and Contract with
Greater Miami Convention and Visitors Bureau has already been
executed by Dade County. The Department of Conferences and
Conventions recommends that the City of Miami continue its
participation in this Interlocal Agreement, and requests the City
Commission consider the attached Agreement and proposed Resolution.
Attachments:
Proposed Resolution
Third Amended and Restated Interlocal Agreement and
Contract with Greater Miami Convention and Visitors Bureau
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87. 105'7
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10/27/87
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE THIRD AMENDED AND RESTATED INTERLOCAL
AGREEMENT AND CONTRACT WITH GREATER MIAMI
CONVENTION AND VISITORS BUREAU, IN SUBSTANTIALLY
THE FORM ATTACHED.
WHEREAS, by Interlocal Agreement executed as of October 1, 1984
as amended by Amendment to Interlocal Agreement ("Interlocal
Agreement"), Metropolitan Dade County, the City of Miami Beach, the
City of Miami and the Village of Bal Harbour (together the
"Participating Public Agencies") created a consortium pursuant to
Part I of Chapter 163, Florida Statutes ("the Act") for the purpose
of establishing•a unified effort in the promotion and marketing of
conventions and convention sales in Dade, County, Florida; and
WHEREAS, said Participating Public Agencies under the Act
executed a contract with the Greater Miami Convention and Visitors
Bureau (the "Bureau") under which the Bureau agreed to carry out
the convention promotions, booking and sales activities on behalf
of the Participating Public Agencies; and
WHEREAS, the Participating Public Agencies are desirous of
amending the Interlocal Agreement to modify certain provisions
regarding financial participation, special events, the duration of
Agreement, and the management by the Bureau Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
the Third Amended and Restated Interlocal Agreement and Contract
with Greater Miami Convention and Visitors Bureau, in substantially
the form attached.
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87-1057
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PASSED AND ADOPTED this day of , 1987.
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
XAVIER L. SUAREZ, MAYOR
011(4
THIRD AMENDED AND RESTATED �NTERLOCAL AGREEMENT
AND
CONTRACT WITH GREATER MIAMI CONVENTION AND VISITORS BUREAU
O C T 2 1 1987
THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT AND
CONTRACT is made and executed as of this 1st day of October,
1987, by and between DADE COUNTY, a political subdivision of the
State of Florida (the "County"), CITY OF MIAMI BEACH, a municipal
corporation organized and existing under the laws of the State of
Florida ("Miami Beach"), the CITY OF MIAMI, a municipal
corporation organized and existing under the laws of the State of
Florida ("Miami") the VILLAGE OF SAL HARBOUR, a municipal
corporation organized and existing under the laws of the State of
Florida (the "Village"), and GREATER MIAMI CONVENTION AND
VISITORS BUREAU, INC., a Florida not -for -profit corporation
(formerly Tourism Industry Coalition of Greater Miami, Inc.)
(herein the "Bureau"):
RECITALS:
A. By Interlocal Agreement executed as of October 1, 1984,
recorded in Official Records Book 12329, Page 288, of the Public
Records of Dade County, Florida, as amended by Amendment to
Interlocal Agreement recorded in Official Records Book 124000
Page 443, of the Public Records of Dade County, Florida, as
amended by a Second Amended & Restated Interlocal Agreement dated
as of October 1, 1986, recorded in Official Records Book 13159,
at Page 297, of the Public Records of Dade County, Florida
(together herein collectively referred to as the "Interlocal
Agreement"), Dade County, Miami Beach, Miami and the Village
(together the "Participating Public Agencies" or individually the
"Participating Public Agency") created a consortium pursuant to.
the authority granted to each such Participating Public Agency in
Part I of Chapter 163, Florida Statutes (the "Act"), for the
purpose of establishing a unified effort in the promotion and
marketing of conventions and convention sales in Dade County,
Florida.
F3 7-105
S. Pursuant to authcri;..: granted to :he ?arC:cipat:r.c
Public Agencies under the Act, a contract was entered into with
the Bureau, under which the Bureau agreed to carry out tourism
and convention promotion, booking and sales activities on behalf
of the Participating Public Agencies (reserving to each
Participating Public Agency the continued right, at its option,
to separately promote and book certain special events). It is
the goal of the Participating Public Agencies that such services
be conducted in the most efficient and effective manner possible,
utilizing a larger fund of public tax dollars and privately
contributed resources, which the individual Public Agency would
not otherwise have available alone, with the additional advantage
of having available the experience and participation of all
segments of the business community itself.
C. The Participating Public Agencies and the Bureau desire
to amend the Interlocal Agreement in certain particulars,
including modifying certain provisions regarding special events
and financial participation;
NOW, THEREFORE, the parties agree as follows:
SECTION 1. Contract with the Bureau.
SECTION 1.01 The Participating Public Agencies hereby
contract with the Bureau for the performance by the Bureau of the
following tourism and convention sales and promotion functions
should be:
(a) To develop, promote, market, book and secure
conventions, trade shows and group business;
(b) To expand, develop and promote tourism in the
domestic and world markets, through consumers, travel agents,
tour operators, wholesalers, airline marketing, media,
advertising, and other modalities determined by the Bureau;
(c) To maintain programs and services, where
practicable, in connection with the marketing and promotion of
conventions and tourism, including convention services, tourist
reservation services, and other operational and administrative
programs- in connection therewith; to prepare and distribute
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brochures, pamphlets and _:der advertising information, in a ,
manner generally accepted in :-e tourism and convention industry,
disseminating information about the Dade County area and the
Participating Public Agencies; to cooperate with segments of the
private tourism and conventicn business community for the booking
of hotel reservations► tour packages► car rentals, and other such
services, and conducting activities normally provided by like
convention and visitors bureaus in other parts of the nation;
(d) To engage in tourism and convention research and
planning, and to conduct campaigns of information, advertising,
publicity, marketing or sales relating to tourism, conventions
and convention events;
(e) In general to conduct or assist in the conducting
and carrying out of any program or project designed to attract
visitors and conventions within the market areas of the Public
Agencies, and to encourage and cooperate with public and private
organizations or groups, hotels, motels, restaurants and other
tourist related entities in their efforts to promote and attract
tourists and conduct conventions;
(f) To employ, engage, compensate and discharge
personnel necessary to carry out the foregoing functions, and to
budget, administer and implement the funds received by it;
(g) To accept, receive and expend private monies,
gifts, fees, revenues and donations, in addition to the public
funds transferred to it by the terms of this Agreement;
(h) To enter into contracts with agencies, - corpora-
tions, persons, or other entities, to accomplish any or all of
the above;
(i) To perform any other function reasonably related to
the policy and purpose of this Agreement.
The Participating Public Agencies acknowledge that priority
for booking shall be given to convention and group business that
results in hotel room occupancy.
SECTION 1.02 Reports, Records and Evaluation. The Bureau
agrees to prepare and retain, and permit any Participating Public
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Agency to inspect, all records of the 3ureau maintained for the
purposes of carrying out the provisions of this agreement. The
Bureau agrees further that any Participating Public agency may
carry out monitoring and evaluation activities in such manner as
will effectively insure the cooperation of the Bureau and its
Board of Directors in the performance of the Bureau's functions,
so long as such inspection and monitoring does not unreasonably
impede or interfere with the functions of the Bureau. The Bureau
agrees to provide to the Participating Public Agencies such
reports as may be reasonably requested by them, and to provide,
not less often than quarterly, an activity and financial report,
setting forth generally the activities of the Bureau during the
previous quarter. It is the intention of these provisions that
the Participating Public Agencies will be kept informed, on an
ongoing basis, of the activities of the Bureau, and that a line
of communication will always be open between such Participating
Public Agencies and the Bureau.
The Bureau agrees to render to the Participating Public
Agencies an annual audited report covering the receipt and
expenditure of public funds, prepared by an independent certified
public accountant, in accordance with generally accepted
accounting principles and practices consistently applied.
SECTION 1.03 Compliance with Law. The Bureau shall comply
with all applicable laws of the Federal, state -and local
governments relating to its activities.
SECTION 1.04 Status of Bureau as Independent Contractor;
Indemnification. The parties hereto understand and agree that
the relationship of the Bureau to each Participating Public
Agency is that of an independent contractor. In carrying out its
functions under this Agreement, the Bureau is not, nor shall it
ever be construed as, the agent or representative of any
Participating Public Agency, and this Agreement is not intended
to establish a partnership, a joint venture, or the relationship
of principal and agent. The Bureau shall indemnify and hold
harmless each Participating Public Agency from any claims, suits
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demands or liability, of whatever nature, brought by others
wherein any Participating Public Agency is made a party, through
suit, claim, demand or otherwise, arising out of any activity of
the Bureau under this Agreement. The Bureau shall take out and
maintain adequate liability insurance, in reasonable amounts,
consistent with general practices in the industry, insuring
against those types of claims, suits or demands normally covered
by liability insurance relating to convention and visitors
bureaus, and shall name the Participating Public Agencies as co-
insured by endorsement. Policies or certificates of such
insurance shall be available to any Participating Public Agency
if and when requested.
SECTION 1.05. The Bureau Board of Directors. The Bureau
shall be managed by a Board of Directors, having such number of
members and such composition as may be determined from time to
time by the Bureau. At the option of any Participating Public
Agency► the Mayor of such agency or his (her) designated
representative (who shall be a member of the elected governing
body of the Participating Public Agency) may sit as a voting
member of the Board. The manager of any such agency may also
attend such Board meetings ex officio, without a vote. The Board
of the Bureau may act through an Executive Committee, which shall
meet between meetings of the Board. The composition of •the
Executive Committee shall be as determined from time to time by
the Bureau.
SECTION 2. Funding.
SECTION 2.01 Contributions from Each Participating Public
Agency; Disposition of Special Event Monies. The manner in which
each Participating Public Agency will provide financial support
for the purposes set'forth in this Interlocal Agreement shall be
as follows:
(a) The County shall contribute annually sixty percent
(60%) of its Tourist Development Tax revenues, collected pursuant
to Section 125.0104, Florida Statutes, and Dade County Ordinance
No. 78-62, as amended from time to time, less an amount allowed
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by law for collection costs, and less the sum of $300,000 for
distribution by the County at its discretion for special events
and other tourism related activities.
(b) Miami Beach shall contribute annually fifty percent
(50%) of the net revenues collected from its municipal resort
tax, levied pursuant to Chapter 67-930, Laws of Florida, and the
respective municipal ordinances applicable thereto, as amended
from time to time, reserving to Miami Beach the right to retain
from said allocation $250,000 annually for special events and not
exceeding $125,000 for collection costs.
(c) The Village shall contribute annually an amount
that is agreed upon in writing with the Bureau, no later than 30
days prior to the commencement of each fiscal year.
(d) The Bureau, through its participating membership
from the private sector, shall contribute from said private
sources a minimum of $500,000 per year. The Bureau will make
every effort to increase its contribution each year.
(e) Miami shall contribute $100,000 annually.
SECTION 2.02 Method of Pavment and Disbursement. Each
Participating Public Agency shall transfer to the Bureau its
required share of the tax revenues described herein within 30
days after !Ieceipt of the funds by the Participating Public
Agency.
SECTION 2.03 No Impairment of Bond Obligations; Option to
Appropriate Alternative Revenue Sources. In the event any
Participating Public Agency determines that the allocation of tax
revenues required to be made under Section 3.01 above may impair
the obligation of any contractual arrangement between the
Participating Public Agency and the holders of its bonds secured
by said tax revenues, the Participating Public Agency may
appropriate to the Bureau an alternative revenue source equal to
that amount of the Municipal Resort Tax or County Tourist
Development Tax, as the case may be, that would otherwise have
been required by the Participating Public Agency during the then
current fiscal year (the "Substituted Revenue Source"). In the
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Aft lr�
event the Participating Public ?,genct upcn making a de erminati3n
that its bond obligations would be impaired, Fails to contribute
to the Bureau a substituted revenue source, said Par:icloating
Public Agency's participation in the Interlocal Agreement shall
be forthwith terminated; provided, however, that in .the event of
such termination, said Participating Public Agency shall continue
to be bound by any prior committed contract, convention
reservation or other commitment duly made by the Bureau. Each
Participating Public Agency agrees that it will not, during the
term of this Agreement, or any extended term thereof, pledge or
commit to a bond issue, present or future, any funds from its
respective existing public tax sources cited above, which would
impair its ability to meet its obligations under this Interlocal
Agreement.
SECTION 3. Duration of This Agreement. The term of this
Interlocal Agreement shall be for the initial period of two
years, and thereafter shall be subject to renewal each year by
budgetary appropriation of the required financial contribution of
the Participating Public Agency. Such action shall be deemed an
automatic extension and renewal, subject to terms acceptable to
the parties, of the Participating Public Agency's participation
in the Interlocal Agreement for the next fiscal year.
In the event of the withdrawal •of any Participating
Public Agency from the Interlocal Agreement,' the remaining
participants may elect to continue the Interlocal Agreement by
adoption of an appropriate resolution of the governing body of
each remaining participant. In the event the remaining partici-
pants do not elect to continue the Interlocal Agreement, this
Interlocal Agreement shall automatically terminate as of the end
of the then current fiscal year.
SECTION 4. Notices. All notices, demands and requests which
are given by the parties shall be in writing and shall be deemed
to be properly given if sent by United States mail, postage
prepaid, addressed as follows:
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IN
As to the County:
With copy to:
Attention: Countv Manager
:Metropolitan Dade County
Room 2900
!Metro -Dade Center
Ill N.W. First Street
Miami, Florida 33128
County Attorney
Metropolitan Dade County
Suite 2810
Metro -Dade Center
111 N.W. First Street
Miami, Florida 33128
As to Miami: Attention: City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With copy to: City Attorney
City of Miami
169 E. Flagler St., Suite 1101
Miami, Florida 33131
As to Miami Beach: Attention: City Manager
City of Miami Beach
555 - 17th Street
Miami Beach, Florida 33139
With copies to: City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Visitors and Convention Authority
555 17th Street
Miami Beach, Florida 33139
As to the Village: Attention: Village Manager
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
With copy to: Village Attorney
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
As to the Bureau: Attention: President
Greater Miami Convention
and Visitors Bureau
4770 Biscayne Boulevard
Miami, Florida 33137
Any such names and addresses may be changed at any time upon
the giving of written notice of such change sent by United States
mail, postage prepaid, to the other parties affected by the
change. A copy of any notice sent by one party to another shall
be sent to all other parties noted above.
IN WITNESS WHEREOF, the Participating Public Agencies have
caused this instrument to be duly executed in their name and on
their behalf by their duly constituted officers, and the Bureau
137-1057 11
has caused this Instru.nent _c :e • duly e::ecuzed by its du:*.y
authorized corporate officers,, all as of this first day of
October, 1987.
Approved as to form and
legal sufficiency
`• dQ-
Assistant County Attorney
(Seal)
Approved as to form and
legal sufficiency
City Attorney
(Seal)
(Seal)
(Seal)
DADE COUNTY, FLORIDA
By:
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County Manager
A t t e s t:
j deputy Clerk
f
CITY OF MIAMI BEACH
By:
City Manager
Attest:
Clerk
CITY OF MIAMI
By:
City Manager
Attest:
Clerk
VILLAGE OF BAL HARBOUR
By:
Village Manager
Attest:
Clerk
GREATER MIAMI CONVENTION AND
VISITORS BUREAU, INC.
By:
. Chairman
Attest:
Secretary
Authorized by Dade County
Resolution No. R. 7
Authorized by City of Miami Beach
Resolution No.
Authorized by City of Miami
Resolution No.
Authorized by Village of Bal Harbour
Resolution No.
cm
F37-105
T IN
ACKNOWLEDGM—rN:'S
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
Before. me personally appeared Sergio Pereira and
County Manager and Deputy Clerk, respec-
tivciyy, on behalf of DADE COUNTY, FLORIDA, known to me to be the
persons described in and who executed the foregoing instrument,
and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 1,S day of C;:�,,,,- ,
1987.
�....--
i4ot State of Florida
at Large
My Commission Expires:
"07•'9Y .."L'8! iC STATE OF 1:1 "::t
MY CMISSIOM UP jdkt 3J,1M
STATE OF FLORIDA ) :040ED THPU GENERAL INS. U110.
SS
COUNTY OF DADE )
Before me personally appeared Rob Parkins and Elaine Baker,
City Manager and Clerk, respectively, on behalf of CITY OF MIAMI
BEACH, FLORIDA, known to me to be the persons described in and
who executed the foregoing instrument, and acknowledged to and
before me that they executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of ,
1987.
Notary Public, State of Florida
at Large
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF-DADE )
Before me personally appeared Cesar Odio and
City Manager and Clerk, respectively, on behalf
of CITY OF MIAMI, FLORIDA, known to me to be the persons
described in and who executed the foregoing instrument, and
acknowledged to and before me that they executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this day of ,
1987.
Notary Public, State of Flori a
at Large
My Commission Expires:
-10-
13
8r-�rios
STATE OF FLORIDA •)
) SS:
COUNTY OF DADt )
Before me personally appeared Louise :filler, Village ,Manager,
and Carol Monis, Clerk, respectively, on behalf of VILLAGE OF SAL
HARBOUR, FLORIDA, known to me to be the persons described in and
who executed the foregoing instrument, and acknowledged to and
before me that they executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of
1987.
Notary Public, State of Florida
at Large
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me personally appeared Stephen Nostrand and Rafael
Madan, Chairman and Secretary, respectively, on behalf of GREATER
MIAMI CONVENTION AND VISITORS BUREAU, INC., known to me to be the
persons described in and who executed the foregoing instrument,
and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
WITNESS my hand and official.seal, this day of
1987.
Notary Public, State of Florida
at Large
My Commission Expires:
KMM/GMC-TA
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