On or about February 1, 2016, the City and A National Salute to America’s Heroes, LLC, a for-profit entity of the State of Florida (“Producer”), executed an Agreement with respect to the production of an annual Air & Sea show event (each, an “Event” or “Annual Show”).

 On April 26, 2017, the Mayor and City Commission adopted Resolution No. 2017-29848, authorizing Amendment No. 1 to the Agreement, to waive special event permit fees for the 2017 Annual Show.

 On October 18, 2017, the Mayor and City Commission approved Amendment No. 2 to the Agreement, which delineated the terms and conditions for the 2018 Annual Show activation, and the City’s waiver of special event permit fees, in the amount of approximately $154,000, and contribution for Event-related Public Services (Police, Fire, Ocean Rescue and Sanitation, in the maximum amount not-to-exceed $350,000.

 On February 14, 2018, the Mayor and City Commission authorized additional funding to the Producer, in the maximum not-to-exceed amount of $250,000, for the production of a concert to take place during the 2018 Annual Show. This was subsequently memorialized in Amendment No. 3 to the Agreement, dated March 29, 2018.

 On July 2, 2018, the Mayor and City Commission directed the Administration to negotiate revisions to the Agreement for the 2019 Annual Show activation, and further specified that no City funding would be provided for any concert that may be produced in conjunction with the 2019 Annual Show.

 On September 21, 2018, the Mayor and City Commission authorized the terms and conditions for the activation, and City’s sponsorship of, the 2019 Annual Show (and each annual show for the remainder of the Agreement’s term), to take place May 25-26, 2019, including City’s payment of a maximum not-to-exceed amount of $350,000 for Event-related Public Services, as well as City’s waiver of special event permit fees estimated totaling $154,062. This was memorialized in Amendment No. 4, dated September 21, 2018.

 On April 22, 2020, the Mayor and City Commission authorized Amendment No. 5 to the Agreement with A National Salute to America’s Heroes, LLC, for the Annual Shows, scheduled to take place on the Memorial Day Weekends of 2021, 2022, and 2023.  The Amendment specified the terms and conditions for the activation of each Annual Show, including City’s payment of a maximum contribution of $350,000 for Event-related public services (for each Annual Show), and City’s waiver of special event permit fees, user fees, and square footage fees (for each Annual Show).

Due to the COVID-19 pandemic, the Producer cancelled the 2020 Air & Sea Show. The Producer has been further impacted by the decrease in sponsorships due to the uncertainty of the pandemic.

 The Producer thereafter advised the City that, due to the cancellation of the 2020 Air & Sea Show, it understood that the Amendment No. 5 extension would include the 2024 Annual Show. However, Resolution No. 2020-31231, which approved Amendment No 5 only specifically approved the 2021-2023 Annual Shows.

 The Producer wishes to proceed with the 2021 Annual Show. The activation also benefited the City, as the Air & Sea Show programming has proved effective during the Memorial Day High Impact Weekend.  Pursuant to the Agreement, the City retains the ability to determine, following each Annual Show, whether it wants to discontinue the Event.

 The Administration is, at the same time, recommending that the City Commission approve Amendment No 6 to the Agreement which would permit the Producer to have the Air & Sea Show during Memorial Day 2024 subject to the terms and conditions of the Agreement.