HomeMy WebLinkAboutR-84-0976J-84-904
9/13/84
RESOLUTION NO. 84-~97 6
A RESOLUTION APPROVING THE PARTICIPATION BY
THE CITY OF MIAMI IN AN INTERLOCAL AGREEMENT
WITH DADE COUNTY, THE CITY OF MIAMI BEACH AND
THE VILLAGE OF BAL HARBOUR, DATED AS OF
OCTOBER 1, 1984, CREATING THE GREATER MIAMI
CONVENTION CONSORTIUM FOR THE PURPOSE OF
ESTABLISHING AN UNIFIED AND COORDINATED
EFFORT FOR THE PROMOTION AND MARKETING OF
CONVENTIONS AND CONVENTION SALES BY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE INTERLOCAL AGREEMENT WHICH
ADDS THE CITY OF MIAMI AS A PARTICIPATING
PUBLIC AGENCY; ESTABLISHING THE MANNER AND
METHOD OF PARTICIPATION BY THE CITY OF MIAMI;
ESTABLISHING THE INITIAL FINANCIAL CONTRIBU-
TION; PROVIDING FOR A PHASED -IN PARTICIPATION
DURING THE FIRST YEAR.
WHEREAS, pursuant to Chapter 163, Florida Statutes, pro-
viding for the creation of Interlocal Agreements between Public
Agencies, and Chapter 166, Florida Statutes, the City of Miami
has the authority to enter into Interlocal Agreements with other
public agencies, to perform certain powers, privileges or
authorities which each public agency shares in common and which
each might exercise separately; and
WHEREAS, the City of Miami Beach, Dade County and the
Village of Bal Harbour have previously entered into an Interlocal
Agreement, to be effective as of October 1, 1984, for the purpose
of establishing a unified and coordinated effort for the promo-
tion and marketing of conventions and convention sales, which-- _
Interlocal Agreement established The Greater Miami Convention
Consortium; and
WHEREAS, the City Commission determines that it is in the
beat interests of the City of Miami to participate in The Greater
Miami Convention Consortium, by the City Manager's execution of
an Amendment to the Interlocal Agreement in a form acceptable to
the City Attorney under which the City of Miami will join the
Consortium on a phased -in basis during the first year of the
City's participation;
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NOW, THRREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The facts and matters set forth in the
preamble to this Resolution are hereby approved and adopted by
reference as a part of this section.
Section 2. Participation by the City of Miami in an
Interlocal Agreement with Dade County, the City of Miami Beach
and the Village of Bal Harbour, dated as of October 1, 1984,
creating the Greater Miami Convention Consortium for the purpose
of establishing a unified and coordinated effort for the promo-
tion and marketing of conventions and convention sales is hereby
approved.
Section 3. The City Manager, on behalf of the City of
Miami, is hereby authorized to execute an Amendment to the
Interlocal Agreement in a form acceptable to the City Attorney,
and the appropriate administrative officers of the City are
authorized and directed to carry out the intents and purposes set
forth in said Agreement.
Section 4. The herein authorized Amendment to the said
Interlocal Agreement shall take effect as of October
PASSED AND ADOPTED this 13th day of September, 7
TTEST: Maurice A. F�
MAURICE-A, FERRE,
E G. ONGIE
City Clerk
PRE AREA AND APPROVED BY:
f, coa4 I/
Deputy City Attorney
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noww a.s O • &F%0W T
City Attorney
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CORRECTNESS:
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Howard V. Gary DATE September 7, 1984 mir
City Manager
SUBJECT Tourist Industry
Coalition
FROM Cesar H r Odio REFERENCES
Assistant City Manager op?
ENCLOSURES
In the past few weeks I have been meeting with the Tourist
Industry Coalition (TIC). As a result of these conversations,
they now fully understand the City's position and our concerns,
but they also feel very strongly that the area has to be marketed
as one in order to increase convention business in the Greater
Miam=and Beaches area. It is my belief that to enhance their
Possibilities of success, the City of Miami's participation is
essential. Because of this, I would like to recommend the
following plan that would accomplish this objective and still
protect the City's position. Implementation would be as follows:
1. Promotion
The City of Miami would agree that the Miami Convention
Bureau would remain as is, providing direct sales (conven-
tion sales) in the City, and that the TIC would do all the
promotion. By promotion I mean the following:
a. Advertising
b. All printed materials
C. Public relations
d. Trade shows (The City of Miami Convention Bureau would
reserve the option to participate in trade shows with
the TIC).
The City would agree under the first step to participate with up
to $50,000, but with the condition that we would have equal
participation as other municipalities on the decision making
level and that the City would have final approval on its share of
the advertising budget.
2. Coordinated Sales
After six months of this agreement being in place, and from
that point on the Convention Bureau would coordinate direct
sales with the TIC so as to avoid any duplication of efforts,
as long as the City of Miami's interest is preserved. The
Convention Bureau would remain under the supervision of the
City of Miami. A marketing plan would be jointly developed.
However, the Convention Bureau would still protect the City's
3
emphasizing the sale of
osed to larger conventions,
investments in
onventions facilities
as oPPin the City of Miami.
smaller sized contained with
that Could be totally
This is just an outline of possibilities.
CRANNEL 4 Ef1ITORIAL = IN"LI)NISRAY SI THfBI R 12 1984 = RALPH RENICK
Over the Stunner, Metro, Miami Reach, and Bal Barbour, agreed to join the
Greater Miami Convention Consortium in a unifying effort to land convention
business. City of Miami Mayor Maurice Ferri; gave his support hack in July as
the full City Commission postponed action in joining the Convention Consortium,
postponing that action until tomorrow. `
The Consortium would not cost the City, it would save it money while
enabling Greater Miami to speck with one voice.
Metro, Miami Beach, and Bal Harbour have agreed. Now it is up to Miami.
A favorable City Commission vote tomorrow will put this area back on the nation's
convention map.
Mayor Maurice Ferri; is already committed. Now it is up to Commissioners
Dawkins, Plummer, Carollo and Perez. Tomorrow is a day of great opportunity
for these City Commissioners to act 1 Ue stat emen.'
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TL UMM tNDt ffW COMMON OF G"MR Mb" NC.
1W Biscayne Boulevard, Miami, Florida 33132 Tel: (305) 350-7700
August 13, 1984
Mr. Howard Gary
City Manager
Miami City Hall
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Gary:
The Tourism Industry Coalition is requesting
a time certain on the Agenda of the City Commission
meeting September 13, 1984, to discuss the
Interlocal Agreement for a unified Convention
Bureau.
For business full re uest
,oacement on the- A-Qenda in the morning sessio
it is at all possible, 10:30 a.m. would be
most reeablee .
Please have your office contact me to confirm
this.
Thank you for your consideration.
Sincerely,
Beverly` if
Administrative Director
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'STEVE SONNABENO, President
SonNta 9Nd1 Hotel aid Tenc* Club
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WbR1ttC0 Enterprises
WON GUCK, hrtner
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FRED ATLAS. General Manager
Sheraton Rhrer House
HANK BEARDRU Ow wt A•1 Bus Lines
JON SANDER BLOCK, Vice Pret & Gen r«IT
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TOURISM INDUSTRY COALITON k71. JVbiv
OF HATER MIAMI, INC. ■ uR ANC E BOWL
iwi Biscayne Boulevard Ste/ 5vch ANNIVERSARY
Miami, Fbrnda 33132
Mr. Howard Gary
City of Miami Manager
City Hall
3500 Pan American Drive
Miami, Florida 33133
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July 17, 1984
• TALLA""tt s�nct
Mayor Maurice A. Ferre
Commissioner Joe Carollo
Commissioner Miller Dawkins
ComQaissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer
vHoward V. Gary, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Gentlemen:
HAND DELIVERED
Enclosed please find a copy of the Interlocal Agreement between
Metropolitan Dade County, City of Miami Beach, and the Town of Sal
8arbar, creating The Greater Miami Convention Consortium, and an
Agreement between The Greater Miami Convention Consortium and the
Tourism Industry Coalition of Greater Miami, Inc. (TIC).
These Agreements have been approved by the Dade County Coam's-
$ion and the City Commission of the City of Miami Beach, on unani-
naus votes. I understand that the Town of Sal Harbor intends to
take up the matter at their July 31, 1984 meeting.
V* understand it is possible that the City of Miami Commission
will take this matter up at its July 30th meeting.
N* are counsel for the Tourism Industry Coalition and would
be happy to answer any of your questions reqarding the enclosed
documents. ,
34tclosures
ajAy
th M. Myers
VO Howard V. Gary
City Manager
PFAW Cesar Odio ,/J,Il
Assistant City Manager
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MCUORANDUM
"Ta June 22, 1984
MLE
W.A. Tourism Industry Coalition
We have reviewed the Interlocal Agreement draft that you
asked me to evaluate.
It is my recommendation that we do not enter into an agree-
ment with the T.I.C., since it is not in the best interest of
the City of 24iami. We are heavily committed to the downtown
area, the Miami Convention Center facilities and the future
Exhibit Hall that will be built, hopefully within the next
two years. In addition, we base our decisions on the following
reasons:
1) Miami Beach, Bal Harbour and Dade County have agreed
to enter into this agreement only as far as their
convention solicitation effort is concerned, but will
still keep a government agency to represent them in
tourism matters. The VCA in Miami Beach will continue
to function, Bal Harbour is keeping its tourism office,
and Dade County is keeping the Department of Tourism.
In addition, Miami Beach has hired a sales force under
its Convention Center which will continue to solicit
conventions and events exclusively for Miami Beach.
!Should the City of Miam en er"�nto this agreement for
its Convention Bureau, the City will be giving up its
only public office in convention.
2) The question of where the office of this new County
Convention Bureau will be located has never been answered,
but it is presumed that it will occupy the present VCA
offices on Miami Beach. This would create a disadvantage
for the City of Miami in the solicitation of medium sized
conventions that can be contained in one hotel like the
lbntainbleau, Konover, Doral, etc. over which we will have
no control.
3) Paragraph A of page 2 clearly states that T.I.C. will
oonduct "promotion, marketing and sales of conventions
and convention since within the geographic limits of the
/1*1 �t - 0 1 U) *
continued -page 2
municipality participating in the Consortium", further
stating that "conventions to be held 18 months or more
from the date of the booking shall be the responsibility
of T.I.C.",convention bookings having a lesser advance
notice shall be the responsibility of the separate
Public Agency (or municipality)".
If the City of Miami enters into this agreement, we would
not have a sales office to book conventions that are held
under 18 months time, which constitute at least 60% of all
conventions booked now by the Miami Convention Bureau.
Further, this paragraph contradicts their stated purpose
of booking conventions on both sides of the Bay, regardless
of participation by municipalities. Again, each City enter-
ing into this agreement is keeping its own governmental
body to look out for their own interests.
This is also clearly stated in paragraph I of page 3 where
it reads "To mandatorily meet periodically with the executive
directors of the tourism promotion departments of the
participating Public Agencies herein for the purpose of
exchanging information and promoting the coordination of
program and strategy". The City of Miami would have no
other separate Public Agency to represent its interest if
we enter into this agreement.
4) Under Page 6, Section Five of the Interlocal Agreement,
it is stated that the term of this Agreement shall be
subject to renewal each year by the governing body of
each Public Agency, nevertheless, in the event of with-
drawal or termination by a Public Agency, said Public
Agency shall be bound by any prior committed convention
reservation, contract or budget item duly contracted for
by T.I.C. or of er contracting party of the Consortium,
provided that the commitment of a Public Agency in any
one year that binds the Public Agency beyond the current
fiscal year in an amount in excess of one third of the
contribution of the Public Agency, as determined by the
Public Agency's contribution in the immediately preceding
fiscal year before withdrawal be approved by resolution of
the governing body of said Public Agency.
5) The nature of the City of Miami's tourism industry is
closely inter -related to International Trade and Commerce,
the City of Miami Convention Bureau solicits specific groups
like the Federation of Latin American Bankers, Interamerican
Accounting Conference, Miami. Conference in the Caribbean,
and many others that would not be usually solicited by a
Convention Bureau because they are small in size, but are
of unique interest to the City of Miami, and not necessarily
continued page 3
to Hal Barbour, Sunny Isles, etc., therefore, any
regionalization of convention solicitation might
place these groups on a low priority list.
6) It is the stated objective of some members of the T.I.C.
board to regionalize South Florida tourism beyond Dade
County. In this scenario, it would make no difference
to them if the Grand Prix would be held in Miami Beach
or Ft. Lauderdale, whether the Orange Bowl classic is
moved to North Dade or downtown and so on with other
events for which the City has worked hard and invested
heavily towards their success.
7) The cruise industry which is a great asset to the City
and the County as a whole, is heavily represented and
influential in the top echelon of the Consortium, creating
in our view a conflict of interests in the solicitation
of conventions and in protecting the confidentialty of
convention bookings and leads, since the main objective
of the cruise industry is to take people out of Miami,
instead of bringing them into our City.
We are not saying that we would not cooperate with the T.I.C.
in major conventions. The City of Miami should not give up
its sales force, because this would leave the City at a total
disadvantage.
INTERLOCAL AGREEMENT
(The Greater Miami Convention Consortium)
THIS INTERLOCAL AGREEMENT is made and executed as of this
1st day of October, 1984, by and between DADE COUNTY, a political
subdivision of the State of Florida, CITY OF MIAMI BEACH, a
municipality organized and existing under the laws of the State
of Florida, and the VILLAGE OF BAL HARBOUR, a municipality
organized and existing under the laws of the State of Florida.
In consideration of the mutual covenants, conditions and
agreements herein set forth, the parties hereto agree as follows:
SECTION 1. Definitions. In addition to words and terms else-
where defined in this agreement, the following words and terms as
used in this agreement shall have the following meanings, unless
some other meaning is plainly intended:
a. "Chief Administrative Officer" shall mean the City
Manager of the City and the Village respectively, the County
Manager of the County, and the' like chief administrative officer
of any additional Public Agency becoming a party to this Agree-
m
b. "City" shall mean the City of Miami Beach.
C. "Consortium" shall mean the Greater Miami Convention
Consortium created by this Agreement.
d. "Consortium Board" shall mean the governing board of
the Consortium created hereunder, as same may be defined and
constituted from time to time.
a. "County" shall paean Dade County, Florida.
f. "County Tourist Development Tax" shall mean the tax
levied by the County pursuant to Section 125.0104, Florida
Statutes and Dade County Ordinance No. 78 -b2.
g. "Fiscal Year" shall mean that fiscal year coming
October 1 and terminating on the following September 30 of each
year throughout the term of this Interlocal Agreement.
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h. "Public Agency" or "Public Agencies" shall mean ini-
tially the City, the County, and the Village, and shall include
also any additional governmental entities who may become parties
to this Interlocal Agreement from time to time and at any time in
the future.
i. "Resort Tax" shall mean the municipal resort tax levied
by the City and the Village pursuant to Chapter 67-930, Laws of
Florida, and the respective municipal ordinances, all as amended
from time to time.
J. "TIC" shall mean Tourism Industry Coalition of Greater
Miami, Inc., a Florida not for profit corporation.
k. "Village" shall mean the Village of Bal Harbour.
SECTION 2. Polices and Purpose. The participants in this Agree-
ment have determined that the creation of a unified and jointly
coordinated effort, under this Consortium, for the promotion and
marketing of conventions and convention sales, is in the best
interests of the entire community, as well as the individual
Public Agencies. The parties believe that a more efficient and
effective unified effort in convention marketing will result in
the generation of more convention and convention related business
in Dade County, which is a goal shared by all Public Agencies,
the general public and private enterprise in Dade County. To
carry out this policy and purpose, the Consortium is hereby
created.
It is the expressed goal of the Consortium that the joint
efforts of the participating Public Agencies herein will lead to
a broad -based unified tourism effort, which includes, but is not
limited to, joint promotion of tourism, long-range planning,
improved sports and cultural facilities and attractions, and the
evolvesent of the area into the number one convention and group
destination in the United States. This goal will be accomplished
through the development and marketing of new and existing
publicly owned convention and exhibition space, as needed and
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supportable, and based on identification of adequate funding
sources. The improvement of product and service, the addition of
market supportable convention space throughout the County, and
the involvement of the private sector are primary elements in the
achievement of these goals.
SECTION 3. The Consortium Board.
Section 3.01. Organization and Structure. The Consortium
Board shall consist of the Mayor of each Public Agency, or their
designees; provided, however, that the designee of any Mayor
shall be limited to a member of the governing body of the Public
Agency. The chief administrative officer of each participating
Public Agency shall be an ex officio member of the Board.
Section 3.02. Functions. The Consortium Board shall have
the power to contract on behalf of the Consortium with any in-
dividual, corporation, firm or entity, public or private; to
employ agencies; to acquire, hold or dispose of property; and to
incur debts, liabilities or obligations, which do not constitute
the debts, liabilities or obligations of any Public Agency which
is a party to this agreement. The power to incur debts, liabili-
ties or obligations does not include, nor shall the Consortium
possess, the power or authority to levy any type of tax in its
name within the boundaries of any Public Agency participating in
this agreement; nor shall the Consortium issue any type of bond
in its own name, or in any way obligate financially a Public
Agency participating in this agreement, except to the extent
provided herein for the appropriation of funds from each Public
Agency•
With respect to the power to contract authorized hereunder,
it is, the intent that, simultaneously with the execution and
effective date of this Agreement, the Consortium shall enter into
a contract with TIC for the performance of the convention promo.
ti.on, marketing and sales efforts of the Consortium, in sub-
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stantially the form of contract attached to this agreement as
Schedule 1.
SECTION 4. Funding
Section 4.01. Method of Funding. The manner in which the
parties to this agreement will provide from their treasuries the
financial support for the purposes set forth in this agreement
shall be as follows:
(a) The County shall contribute 25 percent of the County
Tourist Development Tax, but in no event more than the sum of
$900,000 for the first fiscal year of the Consortium.
(b) The City will contribute 25 percent of the Resort Tax
levied by the City, but in no event more than $850,000 for the
first fiscal year of the Consortium.
(c) The Village shall contribute 25 percent of the Resort
Tax levied by it, but in no event more than $150,000 for the
first year of the Consortium.
(d) For the first year of the Agreement, TIC shall contri-
bute the sum of not less than $350,000 of its funds to the
budget, and thereafter TIC shall continue to contribute annually
the minimum sum of $350,000, plus not less than any additional
aa�unto as is proportionately equal to the proportionate in-
er*ases contributed by all of the Public Agencies. It is antici-
pated that TIC sill make every effort to increase its annual
contribution at a rate greater than public contribution in -
Creases
In addition to the Public Agency contributions described
above, the Consortium may receive financial contributions and
donations, of any nature, including but not limited to contribu-
tions in personnel, equipment or property of private agencies or
of one or more of the parties to this Agreement. Upon the
mWiration of the Agreement, any personal property initially
acquired through than public funds identified herein held by TIC,
the Consortium, or any other contracting party of the Consortium,
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shall be surrendered to the Consortium, and the Consortium shall
distribute same to the participating Public Agencies in propor-
tion to the contributions of each Public Agency, as determined by
the preceding fiscal year.
Section 4.02. Method of Payment and Disbursement. Each
Public Agency shall transfer to the Consortium their required
share of the tax revenues described above within thirty (30) days
after receipt of the funds by the applicable Public Agency.
Section 4.03. Accounting and Accounts. The Consortium
shall receive quarterly reports and an annual certified audit,
the latter by an independent certified public accountant, of all
receipts and disbursements of TIC, or any successor contracting
party. All such reports shall be submitted to the governing body
of each participating party to this Agreement. The Consortium
shall maintain accurate and complete books, records and documents
sufficient to reflect properly all receipts and expenditures for
a period of three years following payment pursuant to this Agree-
ment. All books shall be maintained based on generally accepted
accounting principles and practices consistently applied. All of
the above records shall be retained in Dade County in a secure
place and in an orderly fashion.
Section 4.04. No Impairment of Bond Obligations; Option to
Afrpropriate Alternative Revenue Source. In the event any parti-
cipating Public Agency determines that the allocation of the tax
revenues required to be made under Section 4.01 above may impair
the obligation of any contractual arrangement between the Public
A94ncy and the holders of its municipal bonds secured by Resort
Tax Revenues, or County Tourist Development Tax Revenues, the
Public Agency may appropriate to the Consortium an alternative
revenue source equal in total amount to that percentage of the
Resort Tax, or the County Tourist Development Tax, as the case
MY be, that would otherwise have been required by the Public
Agency during the then current fiscal year (the "substituted
Revenue Source"). In the event the Public Agency, upon making a
—7—
determination that its bond obligations would be impaired, fails
to contribute to the Consortium an Alternative Revenue Source,
the Public Agency's participation in the Consortium shall be
forthwith terminated; provided however, that the terminated
Public Agency shall continue to be bound by any prior committed
contract, convention reservation, or other commitment duly made
by the Consortium's contracting agent. Each Public Agency agrees
that it will not, during the term of this Agreement, or any
extended term, pledge or commit to a bond issue, present or
future, any funds from their respective Resort Taxes, over and
above that level of committed funds currently pledged to the
payment of bonds as of the date of this Agreement.
SECTION
5. Duration of the Agreement;
Carried Forward Commit-
ments of
Withdrawing Public Agency.
The
term of this Agreement
shall be
subject to renewal each
year by
either (a) the adoption
of a resolution by the governing body of each Public Agency
affirmatively expressing its desire to continue as a member of
the Consortium or (b) by budgetary appropriation of the required
financial contribution of the Public Agency. Either action by
each Public Agency shall be deemed an automatic extension and
renewal of the Public Agency's participation in the Consortium►
for the next fiscal year. In the event of the withdrawal of any
Public Agency from the Consortium, the remaining participants may
elect to continue the Consortium, by adoption of appropriate
resolution of the governing body of each remaining participant.
in the event the remaining Public Agencies do not elect to con-
tinue the Consortium, this Agreement shall automatically terwi-
nate as of the end of the then current fiscal year.
In the event of any termination, the withdrawing Public
Agency shall be bound by any prior committed convention reserva-
tion, contract or budget item duly contracted for by TIC, or
other acting contracting party of the Consortium►, provided that
the counitmient of a Public Agency in any one year that binds the
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Public Agency beyond the current fiscal year in an amount in
excess of one-third of the contribution of the Public Agency, as
determined by the Public Agency's contribution in the immediately
preceding fiscal year before withdrawal, shall be approved by
resolution of the governing body of said Public Agency. Notice
of any such commitment shall be given in the year when same is
budgeted, and shall be given by submittal to the applicable
Public Agency of the quarterly accounting report showing said
item.
SECTION 6. Participation by Additional Public Agencies. Any
Public Agency within Dade County may become a party to the Con-
sortium by adoption of an appropriate resolution of the governing
body of such Public Agency, and upon unanimous approval of the
participating Public Agencies herein. Participation in the
Consortium shall be conditioned upon an agreement to appropriate
the Public Agency's appropriate share of funding, from an ac-
ceptable revenue source, as determined by agreement between the
Consortium and the Public Agency.
SECTION 7. Amendments. This Agreement may be amended from time
to time by the agreement of the respective participating Public
Agencies. If additional Public Agencies become parties to this
Agreement, the Agreement shall be appropriately amended to
designate the additional party or parties and the applicable
method of additional funding.
SECTION 8. Functions to be Contracted. The purposes and func-
tions of the Consortium shall be carried out through the contract
with TIC, or any successor entity. The Consortium shall not
directly employ, engage, compensate or discharge personnel. It
is the intent of this agreement that all personnel necessary for
the performance of the functions of the Consortium shall be
engaged and Toyed by and through TIC, or its successor entity,
under and by virtue of the provisions of the contract attached as
Schedule 1. The Consortium may, however, but shall not be obli-
gated to, lease or otherwise make available to TIC any property,
furniture, office space or equipment, which the Consortium and
TIC mutually agree is appropriate and feasible to conduct the
functions of this Agreement.
SECTION 9. Notices; Demands; Requests. All notices, demands and
requests which may be given or made hereunder 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:
As to the County:
With copy to:
Attention: The Mayor
Office of the Mayor
Metropolitan Dade County
Room 242 Courthouse
73 West Flagler Street
Miami, Florida 33130
County Manager
Metropolitan Dade County
Room 900 Courthouse
73 West Flagler Street
Miami, Florida 33130
And to:
County Attorney
Metropolitan Dade County
16th Floor - Courthouse
73 West Flagler Street
Miami, Florida 33130
An to the City:
The Mayor
Office of the Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
with copy to:
The City Manager
City of Miami Beach
555 - 17th Street
Miami Beach, Florida 33139
And to:
City Attorney
City of Miami Beach
c/o City Attorney's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
As to the Village:
The Mayor
Village of Sal Harbour
655 - 96th Street
Sal Harbour, Florida 33154
we-
With copy to: The Village Manager
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
And to: The Village Attorney
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
Any such names and addresses may be changed at any time upon
written notice of such change sent by United States mail, postage
prepaid, to the other parties by the party effecting the change.
A copy of any notice sent by one of the parties to another, shall
be sent to the other parties.
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, the day and year
first above written.
DADE COUNTY, FLORIDA
By:
County Manager
Attest:
clerk
CITY OF MIAMI BEACH
By:
Mayor
Attest:
Clark
VILLAGE OF BAL HAABOM
By:
Mayor
Attest:
With copy to: The Village Manager
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
And to: The Village Attorney
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
Any such names and addresses may be changed at any time upon
Written notice of such change sent by United States mail, postage
prepaid, to the other parties by the party effecting the change.
A copy of any notice sent by one of the parties to another, shall
be sent to the other parties.
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, the day and year
first above written.
DADE COUNTY, FLORIDA
By:
County Manager
Attest:
er
CITY OF MIAMI BEACH
By:
Mayor
Attest:
Clerk
VILLAGE OF BAL HARBOUR
By:
Mayor
Attest:
er
�9-
jAk
AGREEMENT
THIS AGREEMENT is made and entered into as of this lot day
of October, 1984, by and between THE GREATER MIAMI CONVENTION Emir
CONSORTIUM (herein referred to as the "Consortium"), an adminis-
trative entity created pursuant to an Interlocal Agreement dated
October 1, 1984, by and on behalf of DADE COUNTY, the CITY OF
MIAMI BEACH, and the VILLAGE OF BAL HARBOUR (herein referred to
collectively as the "Public Agencies"), and the TOURISM INDUSTRY
COALITION OF GREATER MIAMI, INC., a Florida not -for -profit corpo-
ration (herein referred to as "TIC").
RECITALS
A. On and as of October 1, 1984, the Public Agencies,
pursuant to the authority granted in Part I of Chapter 163,
Florida Statutes, Sections 163.01-163.04 (the "Act"), made and
entered into an Interlocal Agreement under which they created the
Consortium, for the purpose of establishing a unified effort in
the promotion and marketing of conventions and convention sales
in Dade County, Florida (the "Interlocal Agreement").
B. Pursuant to authority under the Act, the Consortium has
determined to contract for the services of TIC, in order to
manage, operate and carry out the convention promotion and sales
activities of the Consortium, it being the goal of the Consortium
that such services be conducted in the most efficient and ef-
fective manner possible, utilizing the direct participation and
.experience of the broad based elements of the tourism industry
itself. To carry out this purpose, the parties have executed
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the parties agree as
follows:
V
SECTION 1. Duties and Authority of TIC. The Consortium hereby
grants to TIC, subject to the terms of this Agreement, the
authority to carry out the following functions on behalf of the
Consortium:
A. To conduct and manage the business of the Consortium in
the promotion, marketing and sales of conventions and convention
space
within
the geographic limits
of
the
Public Agency partici-
pants
in the
Consortium, subject
to
the
following division of
responsibility with respect to the making of convention reserva-
tions: any and all reservations involving conventions to be held
18 months or more from the date of the "booking" (or date of
reservation) shall be the responsibility of TIC; convention
bookings having a lesser advance reservation date shall be the
responsibility of the separate Public Agencies. Any selection or
promotion of specific convention areas by TIC shall be based upon
bona fide business considerations and requirements of the conven-
tion customer;
B. To stimulate, promote, market and advertise, through
any and all media, the attractiveness and availability of conven-
tions within the market areas of the Public Agencies;
C. To provide services and information designed to inform
organizations and entities of conventions, convention activities,
attractions, projects and events relating to conventions within
Dade County;
D. To develop and implement all other forms of activities,
attractions, meetings, projects and marketing events related to
the bringing of conventions to Dade County, and to disseminate
any information concerning same by means of all commonly used
media;
E. To engage in convention research and planning, and to
conduct campaigns of information, advertising, publicity, market-
ing or sales relating to conventions and convention events;
F. In general to conduct or assist in the conducting and
carrying out of any program or project designed to attract con-
-2-
0
ventions 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, attract and conduct con-
ventions, including assisting in the planning and operation of
conventions;
G. 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;
H. To accept, receive and expend private monies, gifts,
fees, earned revenues and donations, in addition to the public
funds transferred to it by the Consortium;
I. To mandatorily meet periodically with the executive
directors of the tourism promotion departments of the participat-
ing Public Agencies herein for the purpose of exchanging informa-
tion and promoting the coordination of programs and strategy;
J. To enter into contracts with agencies, corporations,
persons, or other entities, to accomplish any or all of the
above. Among these contracts, it is the expressed intention of
TIC, in the initial year of the Agreement, to contract with the
current advertising agency utilized by the County.
K. To perform any other function reasonably related to the
policy and purpose of the Consortium, as expressed in Section 2
of the Interlocal Agreement.
SECTION 2. Approval and Review Functions of the Consortium. The
Consortium Board, as defined and described under Section 3 of the
Intetrlocal Agreement, shall have the following rights of approval
or review of TIC policies, and shall exercise the following by
majority vote of the full membership of the Consortium Board:
A. Although TIC shall have sole discretion over the
recruitment and engagement of an executive director, the
Consortium Board shall have the right to approve the engagement
of such executive director prior to that person's assumption of
-3-
office. Once engaged, TIC shall have the sole authority to
remove such person from office. Any replacement of the executive
director shall be subject to the same prior approval process.
Prior approval of an executive director by the Consortium Board
in no way shall be deemed to confer any other prior approval
right or authority in the Consortium Board regarding the engage-
ment or retention of any other personnel employed for purposes of
this Agreement.
B. Prior to the adoption of the annual budget of TIC, and
from time to time during the fiscal year, the Consortium Board
shall have the right, at its option, to review and comment upon
the budget and the overall marketing strategy contained therein,
and may submit to TIC the Board's written review and comments;
provided, however, that no such right of review and comment shall
be deemed to give the Board the right of veto or disapproval over
all or any portion of such budget or marketing strategy.
C. The Consortium Board, from time to time and at any
time, may review the membership and makeup of the board of
directors of TIC, to assure itself that the board's membership is
comprised of a broad based representation of the tourism industry
in Dade County. Such review shall confer no right of approval or
disapproval of TIC's board membership.
D. The right to discharge TIC and terminate this Agreement
"for cause" as defined and described below.
SECTION 3.
Term of Agreement; Termination
for Event
of Default.
The term of
this Agreement shall coincide
with the
tars of the
Inteerlocal
Agreement, or any amendments
or renewals thereof.
t
j
This Agreement may be terminated by majority vote
of the full
membership
of the Consortium Board, in
the manner described
below, upon
the occurrence of any of the
following
("Events of
=.
Default"):
e
�J
-
-4-
.:a
A. The conduct of activity having a material adverse
effect on any one or more Public Agencies participating in the
Interlocal Agreement, which activity is a departure from industry
standards or from the normal exercise of reasoned judgment in
convention marketing or convention sales;
B. Engagement in any illegal activity or criminal conduct,
in a materially adverse and overt manner, by any agent or em-
ployee of TIC in the conduct of its affairs under this Agreement.
The Consortium Board shall give TIC written notice of the
occurrence of any Event of Default, specifying in detail such
default. Within 30 days after receipt of such notice, TIC shall
have the opportunity to correct same by the taking of any ap-
propriate remedial action. Failure to remedy any Event of De-
fault within the 30 day period shall cause this Agreement to
terminate at the end of said 30 day period; provided, however,
that in the event TIC contests the fact that any Event of Default
has occurred, TIC shall have the opportunity to meet with the
Consortium and attempt to resolve the differences. For that
purpose, there is hereby established a 30 day "cooling off"
period, commencing from the date TIC advises the Consortium Board
in writing, that it contests the occurrence of an Event of De-
fault. If the differences of the parties cannot be informally
resolved within the said 30 day -"cooling off" period, then TIC
has the right to formally appear before the Consortium Board, for
the formal presentation of its position. If the matter cannot be
resolved within 30 days after the expiration of the 30 day
"cooling off" period, then this Agreement shall be terminated.
From and after the period that TIC is placed on notice of a
default, it will not incur any expense other than previously
committed and ongoing expenses incurred in the ordinary course of
business of TIC in the day to day operation of its functions
under this Agreement.
In the event of any termination, the withdrawing Public
Agency shall be bound by any prior committed convention reserva-
-5-
tion, contract or budget item duly contracted for by TIC, or
other acting contracting party of the Consortium, provided that
any financial commitment by TIC in any one year that binds the
Public Agency beyond the current fiscal year in an amount in
excess of one-third of the contribution of the Public Agency, as
determined by the Public Agency's contribution in the immediately
preceding fiscal year before withdrawal, shall be approved by
resolution of the governing body of said Public Agency. Notice
of any such commitment shall be given in the year when same is
budgeted, and shall be given by submittal to the applicable
Public Agency of the quarterly accounting report showing said
item.
SECTION 4. Financing; Accounts and Accountings.
Section 4.01. Remittances to TIC. The Consortium shall
transfer to TIC, as defined in the Interlocal Agreement, all
funds received from the participating Public Agencies from the
revenue sources, or alternative revenue sources, described in the
Interlocal Agreement.
Section 4.02. Financial Contributions By TIC. For the
first year of the Agreement, TIC shall contribute the the sum of
not less than $350,000 of its funds to the budget, and there-
after, TIC shall continue to contribute annually the minimum sum
of $350,000, plus not less than any additional amounts as is
proportionately equal to the proportionate increases contributed
by all of the Public Agencies. It is anticipated that TIC will
make every effort to increase its annual contribution at a rate
greater than public contribution increases.
Section 4.03. Accounts. TIC shall keep and maintain ac-
curate books, records and accounts of all funds received by it
or public
from -g p private sources, in accordance with generally
a•
accepted accounting practices, and shall submit to the Consortium
an annual audit (as of the Fiscal Year defined in the Interlocal
f
n Agreement) of said books, records and accounts, unqualified, by
-6-
f �.
an independent accounting firm acceptable to the Consortium.
Separate books, records and accounts shall be maintainea for
public funds and private funds, respectively, received by TIC.
Section 4.04. Right to Inspection or Audit. Each party to
this Agreement shall have the right to inspect, examine or audit
the books, records and accounts of the other party by and through
their authorized representatives, and any such examination shall
be conducted during normal business hours in a manner so as not
to unreasonably interfere with the business of either party.
SECTION 5. Notices; Demands; Requests. All notices, demands
and requests which may be given or made hereunder 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:
As to the County:
With copy to:
Attention: The Mayor
Office of the Mayor
Metropolitan Dade County
Room 242 Courthouse
73 West Flagler Street
Miami, Florida 33130
County Manager
Metropolitan Dade County
Room 900 Courthouse
73 West Flagler Street
Miami, Florida 33130
And to: County Attorney
Metropolitan Dade County
16th Floor - Courthouse
73 West Flagler Street
Miami, Florida 33130
As to the City:
With copy to:
The Mayor
office of the Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
The City Manager
City of Miami Beach
555 - 17th Street
Miami Beach, Florida 33139
And to: City Attorney
City of Miami Beach
c/o City Attorney's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
-7-
As to the Village: The Mayor
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
With copy to: The Village Manager
Village.of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
And to: The Village Attorney
Village of Bal Harbour
655 - 96th Street
Bal Harbour, Florida 33154
Any such names and addresses may be changed at any time upon
written notice of such change sent by United States mail, postage
prepaid, to the other parties by the party effecting the change.
A copy of any notice sent by one of the parties to another, shall
be sent to all other parties noted above.
SECTION 6. Status of TIC as Independent Contractor; Indemnifica- .
tion. The parties understand and agree that the relationship of
{ TIC to the Consortium is that of an independent contractor. In
carrying out its functions under this Agreement, TIC is not, nor
shall it ever be construed as, the agent or representative of the
Consortium, and this Agreement is not intended to establish a
.partnership, a joint venture, or the relation of principal and
agent. TIC shall indemnify and hold harmless the Consortium and
the participating Public Agencies from any and all claims, suits,
demands or liabilities, of whatever nature, brought by others,
whetein the Consortium, or any of its participating Public
Agencies, is made a party, through suit, claim, demand or other-
wise, arising out of any activity of TIC under this Agreement.
TIC shall take out and maintain adequate liability insurance, in
reasonable amounts, according to general practices in the
industry, insuring against those types of claims, suits or
demands normally covered by liability insurance relating to
convention promotion and sales activities, and shall name the
Consortium, together with each participating Public Agency, as a
co-insured by endorsement. Policies or certificates of such
-a-
insurance shall be available to the Consortium Board, if and when
requested.
SECTION 7. Loaned Executive Program. In carrying out its func-
tions herein, TIC and any participating Public Agency may con-
tract for the loaning of executives to TIC who are employed in
tourism or convention related activities. In such event, the
applicable Public Agency will continue to pay the salary and
other employee benefits of the loaned employee, with appropriate
credit being given to the loaning Public Agency in its payment
requirements to the Consortium.
IN WITNESS WHEREOF, the parties have caused this instrument
to be duly executed by and through their duly constituted of-
ficers on the day and year first above written.
KMM2/N
THE GREATER MIAMI CONVENTION
CONSORTIUM
By:
County Manager
Dade County, Florida
By:
Mayor
City of Miami Beach
By:
Mayor
Village of Bal Harbour
TOURISM INDUSTRY COALITION OF
GREATER MIAMI, INC.
By:
Steve Sonriaband, Chairman
Attest:
Necretary
-9-
TO: Mayor Maurice Ferre
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J.L. Plummer
City Manager Howard Gary
FROM: City of Miami Hoteliers
I
As members of the Tourism Industry Coalition, we support the Interloca
Agreement for a unified Greater Miami Convention Bureau, and urge the
s
City of Miami to join the Convention Consortium with Dade County, Miami
Beach and Bal Harbour.
O�'�ifivi /NTH /foT�
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C*V w#C / I- I /��&
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p' oc-' ' t*) O S
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SIC (A' :
IAIA
TOURISM INDUSTRY COALITION OF GREATER MIAMI, INC
A i,¢A i Nov
"A-4.
-6lAV
j oLl g AV 2-rI N
'7w it 1
1601 Biscayne Boulevard, Miami, Florida 33132 TN: (3015
)I A(V
316 NORTH MIAMI AVENUE
MIAMI. FLORIDA 33120
Te"ftne (305) SM 1200
Teleca"r f3M) 579-1575
ti
Telex 519156
Septa*et 7, 1984
Mayor Maurice nerre
City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Ferre:
Ebr your information, the attachad letter was
sent to each member of the Miami City Cannission.
We certainly hope the Omission will follow
your lead on this issue.
Best regards.
Van
President
7-U-7-1 11
Cordially,
/�rthur H. Hertz
Executive Vice President
OC: Howard V. Gary, City Manager (w/attactlnent)
wenwfto Cobb TV - Womotoo coco-cass Sonfing - Womotco Thoatr*s - Wom#tco Vendift I The Miami Saamwhmf
September 7, 1984
Hon. J.L. Plummer
City Hall
3500 Pan American Drive
Miami, FL 33133
Dear Commissioner Plummer:
We are writing to you on a matter of great importance to our
company because of the taxes we pay to the City of Miami and our
involvement in the area's tourism industry through our ownership
of the Miami Seaquarium.
As we are all aware, the Greater Miami area has lost both tourism
and convention business to locations such as New York, New
Orleans, Atlanta and Orlando, to name just a few. This is a
tragedy, in view of the importance of tourism and convention
business to our community. It also does not make sense because
we have beautiful new hotels, excellent dining, the ocean, fine
weather, an Art Deco historic district and the exotic, foreign
flavor of our Latin American community.
In our view, a means of correcting this situation would be the
establishment of a county -wide convention bureau through the
Interlocal Agreement, which has alreadv been signed by Dade
County and the cities of Bal Harbour and Miami Beach.
According to the Tourism Industry Coalition of Greater Miami,
this convention consortium would not involve any financial
contribution from the City of Miami. Instead, it would result in
savings for the city since the consortium would employ City of
Miami Convention Bureau personnel at its ex nse. All the
Tourism Industry Coalition asks is^the support of the City of
Miami so that the convention consortium can speak with one voice
for our community.
We know that our late founder and president, Col. Mitchell
Wolfson -- who spent his life working on behalf of a better
Greater Miami -- would have given his full support to the
Interlocal Agreement. We urge you to support the agreement on
September 13, when it again comes up before your commission. We
are confident that you will be guided by the best interests of
our entire community and vote in favor of it.
Cordially and with best wishes,
"Vys-�
rthur H. Hertz
President Executive Vice President
Wom0coCoble TV • Wometco Cora (_,,ia tlottiirrg o Wometco Theatres • Wor+retco Vending • The M.ami Seaquarjum
84-42