The Rhythm Foundation, Inc. is a Florida, not-for-profit 501(c)3 arts organization which seeks to increase international awareness and cultural exchange through the presentation of live music and related media programming.

On September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28722, accepting the written recommendation of the City Manager pertaining to the ranking of proposals pursuant to ITN 2014-215-LR for Band Shell Management Services and authorizing the Administration to enter into negotiations with The Rhythm Foundation, Inc. as the top-ranking proposer.

On February 19, 2015, the City and The Rhythm Foundation executed the Management Agreement for the management of the North Shore Band Shell (the “Agreement”) for an initial term of two (2) years (which commenced retroactively on October 1, 2014) with three (3) additional one (1) year renewal terms. The Agreement expired on September 30, 2019.  At the June 5, 2019 City Commission Meeting, Resolution No. 2019-30846 was passed, waiving the formal competitive bidding requirement and authorizing the City Manager to execute a new management agreement with The Rhythm Foundation, Inc. The Agreement was executed on October 23, 2019 (Exhibit A).

The Rhythm Foundation has cemented the Band Shell as an exciting cultural anchor in the North Beach area, being voted as the “Best Venue for Local Acts” in 2016 by the New Times. The Rhythm Foundation continues to present a well-rounded series of concerts, free community and civic events, cultural programs, popular music and large productions that welcomes the entire South Florida community to the Band Shell. Such events have included global, musical and cultural events such as the Transatlantic Music Festival, Axis of Love, Global Cuba Fest, Seaside Sessions, and the Afroroots Music Fest. Free, local community events have included the City’s monthly Food Trucks and Music Fest, Dance Band Nights, annual concerts by the Nautilus Middle School Jazz Band and Miami Beach Senior High Rock Ensemble, and Parks and Recreation events such as celebrations for Hispanic Heritage and Black History months. The Rhythm Foundation has also been an instrumental partner with the City of Miami Beach in the success of the increasingly popular Miami Beach Youth Music Festival.

Section 6.2.2 of the Agreement states that the City's Cultural Arts Council may issue up to twelve (12) rental waivers per calendar year to qualified non-profit organizations for the use of the North Beach Bandshell. The Administration would like to amend this portion of the Agreement to allow for thirty-six (36) rental waivers for Fiscal year 2020-2021 only, Exhibit B. Rental waivers issued for the use of the North Shore Band Shell charges for janitorial, clean-up, crowd and traffic control, set-up and tear down costs, and fees and charges (including for materials, labor and other services) directly necessitated by the occurrence of any Charitable Use, shall be limited to an amount not to exceed $2,500 per venue waiver.

The Administration recommends approving and authorizing the City Manager to execute Amendment No. 1 to the Management Agreement with The Rhythm Foundation, Inc., increasing the number of venue waivers that the Cultural Arts Council may exercise under the Agreement, from 12 events to 36 events, for fiscal year 2020-2021 only.