On or about February 1, 2016, the City of Miami Beach, Florida (“City”) and A National Salute to America’s Heroes, LLC (“Producer”) executed an agreement to produce an annual Air & Sea show.
On July 26, 2017 City Commission meeting, the City Commission directed the Administration to engage in discussions with the Producer to permit the production of the 2018 annual Air & Sea show.
On October 18, 2017, the Mayor and City Commission approved Amendment No. 2 to the Agreement to produce the 2018 Air & Sea show May 26 and 27, 2018, during Memorial Day Weekend.
On November 3, 2017, the City and Producer executed Amendment No. 2 to the Agreement which included the City providing sponsorship to cover City service costs in the amount of $350,000 and waiving of City Special Event Permit fees in the approximate amount of $154,000.
On February 14, 2018 the Mayor and City Commission unanimously approved Amendment No. 3, which provided for the Producer to execute concert and for the City to fund $250,000, as a reimbursable expense after the event takes place, with the City is having the ultimate decision making approval of all concert matters.
The Amendment No. 3 provided several terms for the concert production including funding to the Producer on a reimbursement basis following the execution of the concert, and provided that the City have the exclusive right of approval of all Artists and/or talent performing (including volunteer and non-compensated performers) at the concert and all concert elements. The Producer must receive written approval of the City Manager for all proposed agreements related to the event.
The concert was to be free and open to the general public at no charge. The Producer was to have the right to sell sponsorships and/or advertising in support of the production with the City approval.
The Producer was solely responsible for executing all aspects of the concert, including permitting, stage set up, load-in/load up, rental of all necessary equipment, coordination of equipment set up for all artists, ensuring artist agreements provide that artists abide by and conform to all local, state and federal laws, rules and regulations marketing and promotion of the concert, obtaining sponsorships, producing ushers and security personnel and all other elements necessary or ancillary to the production of the concert.
The Producer, after the concert, was to provide the City with a detailed line item budget for the concert to the City Manager for written approval. Upon the successful execution and conclusion of the concert, the City is to pay the Producer, up to but not to exceed, $250,000 on a reimbursement basis for concert-related expenses submitted with documentation that vendors and/or artists have been fully paid.