HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney,,4Gfor
DATE: February 21, 2024
RE: Substitution of PH.3 on the February 22, 2024 City Commission Meeting
Bid Waiver - Pitmaster Barbecue Competitions
File No. 15543
Item PH.3 on the February 22, 2024 City Commission Meeting Agenda proposes
to direct the City Manager to ratify, approve, and confirm that competitive negotiation
methods and procedures are not practicable or advantageous to the City of Miami
("City") pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended ("City Code") and waive said procedures for the services to be provided by
Clarke Smart Solutions, LLC d/b/a Urban Pulse Direct, LLC, a Florida limited liability
corporation, and Martin Luther King Economic Development, Inc., a Florida not -for -
profit corporation ("MLK EDC"); allocate and appropriate an amount not to exceed Two
Hundred Fifty Thousand and 00/100 ($250,000.00), inclusive of the One Hundred
Thousand and 00/100 Dollars ($100,000.00) for the Competition Services, for the
Competition and to reimburse the City for Competition Expenses; solicit and accept
sponsorships for the City's Pitmaster Barbecue Competition from various corporations,
organizations, and supporters pursuant to the sponsorship levels identified herein and to
deposit and maintain said funds in a Special Revenue Account entitled "Venture Miami
Scholarship Fund Pitmaster Barbecue Fundraising;" to transfer funds collected in excess
of Competition Expenses to the Miami Foundation, Inc., for the Venture Miami
Scholarship Program; and negotiate any and all other necessary documents, including,
but not limited to, agreements, memorandum of understanding, modifications, and
amendments, all in forms acceptable to the City Attorney, for said purpose. The
Legislation is being substituted to include Exhibit "A" which is the City Manager's
finding and recommendation to waive competitive negotiation methods and procedures
because they are not practicable or advantageous. It is also being substituted to include a
reference to and include Exhibit "C" which is the proposed budget and scope of services
to be provided by MLK EDC.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
-b'.
VM/'#A
15543 Sub51±u11rr 1.,mc). owl ci4„),
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15543 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A,"
THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE
NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT BETWEEN CLARKE SMART SOLUTIONS, LLC D/B/A URBAN
PULSE DIRECT, LLC, MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, AND THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO IMPLEMENT, PROMOTE, HOST, FUNDRAISE,
AND ENGAGE THE COMMUNITY FOR TWO (2) CITY PITMASTER
BARBECUE COMPETITIONS WHICH WILL BE HELD ON MARCH 23, 2024, AT
CHARLES HADLEY PARK, LOCATED AT 1350 NORTHWEST 50TH STREET,
MIAMI, FLORIDA AND ON APRIL 20, 2024, AT MAURICE A. FERRE PARK,.
LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITH
PROCEEDS TO BENEFIT THE VENTURE MIAMI SCHOLARSHIP FUND
("PURPOSE"); FURTHER AUTHORIZING AN ALLOCATION IN AN AMOUNT —'
NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS
($250,000.00) TO BE DIVIDED AMONG THE ENTITIES STATED HEREIN, :Y
PURSUANT TO THE TERMS OF THE TERM SHEETS, ATTACHED AND --(, `=?
INCORPORATED HEREIN AS EXHIBITS "B" AND "C," FROM THE OFFICE OF
THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO.
971000.150009.882000.0.0 FOR SAID PURPOSE; AUTHORIZING THE CITY
MANAGER TO ACCEPT ALL DONATED FUNDS ASSOCIATED WITH SAID
PURPOSE, PURSUANT TO SECTION 18-115 OF THE CITY CODE; FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID DONATED FUNDS
TO THE MIAMI FOUNDATION FOR DEPOSIT INTO THE CITY'S VENTURE
MIAMI SCHOLARSHIP FUND, ESTABLISHED PURSUANT TO RESOLUTION
NO. R-22-0281, ADOPTED ON JULY 28, 2022; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL ADDITIONAL
DOCUMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS IN COMPLIANCE
WITH APPLICABLE SECTIONS OF THE CITY CODE, AND ALL APPLICABLE
LAWS, RULES, AND REGULATIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Mayor Francis X. Suarez
rs-1
rn
Q.711
City of Miami Page 1 of 4 File ID: 15543 (Revision:) Printed On: 2/21/2024
File ID: 15543 Enactment Number:
WHEREAS, according to the US Department of Labor, science, technology, engineering,
or mathematics ("STEM") occupations are projected to grow by almost 11 % by 2031, over two
times faster than the total for all occupations; and
WHEREAS, the City of Miami ("City") has a deep interest in supporting residents who
have an interest in pursuing STEM degrees at no tuition cost; and
WHEREAS, the City established the Venture Miami Scholarship Program ("Scholarship")
on July 28, 2022 with an allocation of Five Hundred Thousand and 00/100 dollars ($500,000.00)
as a partnership with Miami -Dade College, Florida Memorial University, the University of Miami,
and Florida International University for City residents seeking STEM degrees at the
aforementioned academic institutions; and
WHEREAS, each college and university provided a matching contribution to cover the
gap in tuition cost for City -residents who are Pell Grant recipients; and
WHEREAS, the Miami Foundation, Inc., a Florida not for profit corporation ("The
Foundation"), is the fiscal administrator for the Scholarship, responsible for set-up, acceptance,
and management of the Scholarship Funds, including allocations; and
WHEREAS, as of February 8, 2024, the Scholarship secured an additional $1.8 Million
in donations and awarded 95 scholarships with a remaining fund balance of approximately $2.0
Million after fees and
WHEREAS, barbecues have a unique way of bringing people together to celebrate, -
fostering a sense of community and joy across different cultures and regions; and
WHEREAS, the City of Miami's Pitmaster Barbecue Competition ("Competition") will
bring our community together along with elevating awareness of the Scholarship and raise,,
funds for future scholarship recipients; and
WHEREAS, the Competition will be held on March 23, 2024, at Charles Hadley Perk,
located at 1350 Northwest 50th Street, Miami, Florida and on April 20, 2024, at Maurice A.JFerre
Park, located at 1075 Biscayne Boulevard, Miami, Florida with proceeds to benefit the
Scholarship Fund; and
WHEREAS, Clarke Smart Solutions, LLC d/b/a Urban Pulse Direct, LLC, a Florida
limited liability corporation (hereinafter, "Urban Pulse"), will, among other things, create, manage
and execute all aspects of planning and staffing the Competition, as further described in Exhibit
"B," attached and incorporated; and
WHEREAS, the City shall compensate Urban Pulse an amount not to exceed Seventy -
Five Thousand and 00/100 Dollars ($75,000.00) for the services to be provided by Urban Pulse
for the Competitions; and
WHEREAS, Martin Luther King Economic Development, Inc., a Florida not -for -profit
corporation (hereinafter, "MLK EDC"), will, among other things, provide community outreach and
engagement for the Competition, as further described in Exhibit "C," attached and incorporated;
and;
WHEREAS, the City shall compensate MLK EDC an amount not to exceed Twenty -Five
Thousand and 00/100 Dollars ($25,000.00) for the services to be provided by MLK EDC for the
City of Miami Page 2 of 4 File ID: 15543 (Revision:) Printed on: 2/21/2024
File ID: 15543 Enactment Number:
Competitions (the services to be provided by Urban Pulse and MLK EDC will be collectively
referred to as the "Competition Services"); and
WHEREAS, the total cost to hold the Competition is an amount not to exceed Two
Hundred Fifty Thousand and 00/100 ($250,000.00) ("Competition Expenses"); and
WHEREAS, in order to cover the costs associated with the Competition and raise funds
for the Scholarship, Venture Miami has set the following levels of sponsorship:
• On -Site Display partner ($2,000)
• Choice Sponsor ($5,000)
• Prime Sponsor ($10,000)
• Naming Rights Sponsor ($20,000)
• Concert Sponsor ($30,000)
• Presenting Sponsor ($40,000), and
• Title Sponsor ($50,000); and
-14
'vJ
iU
WHEREAS, the City Commission will collect and maintain said Sponsorship.FUndslin a
special revenue account and remit to the Miami Foundation after reimbursement for expenses;
and
WHEREAS, upon the conclusion of the Competition, Venture Miami will provide the
Commission a report detailing a list of all sponsorships and expenditures, as well as the total
funds raised for the Scholarship;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's finding and recommendation, attached and incorporated as Exhibit "A," that
competitive negotiation methods and procedures are not practicable or advantageous to the
City pursuant to Section 18-85(a) of the City Code are ratified, approved, and confirmed and the
requirements for said procedures are waived.
Section 3. The City Manager, or designee, is authorized' to allocate and appropriate an
amount not to exceed Two Hundred Fifty Thousand and 00/100 ($250,000.00), inclusive of the
One Hundred Thousand and 00/100 Dollars ($100,000.00) for the Competition Services, for the
Competition and to reimburse the City for Competition Expenses.
Section 4. The City Manager, or designee, is further authorized' to solicit and accept
sponsorships for the City of Miami's Pitmaster Barbecue Competition from various corporations,
organizations, and supporters pursuant to the sponsorship levels identified herein and to deposit
and maintain said funds in a Special Revenue Account entitled "Venture Miami Scholarship
Fund Pitmaster Barbecue Fundraising."
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 3 of 4 File ID: 15543 (Revision:) Printed on: 2/21/2024
File ID: 15543 Enactment Number:
Section 5. The City Manager, or designee, is further authorized' to transfer funds
collected in excess of Competition Expenses to the Foundation for the Scholarship Fund.
Section 6. The City Manager, or designee, is further authorized' to negotiate any and all
other necessary documents, including, but not limited to, agreements, memorandum of
understanding, modifications, and amendments, all in forms acceptable to the City Attorney, for
said purpose.
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Ci
CA)
�Ar
371
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission
City of Miami Page 4 of 4 File ID: 15543 (Revision:) Printed on: 2/21/2024
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO: Arthur Noriega V DATE: February 20, 2024 FILE:
City Manager
SUBJECT: Approval of finding to waive competitive
sealed bidding procedures for City of
Miami's Pitmaster Barbecue
Competitions for Urban Pulse d/b/a
Clarke Smart Solutions and Martin
Luther King Economic Development
Corporation
FROM: Keith A. Carswell REFERENCES: t-:;
-11
Sr. Advisor to the City Manager — ..:., :. r �_
Economic Development &
Venture Miami -1' "'= --
Keith Digitally signed by Keith
Carswell =• - `re c_�"
Date:
15:01:01-OS'00' ENCLOSURES: ' �'
Carswell 4
��1 tg
r - tr„ L Y
Venture Miami, on behalf of the City of Miami ("City"), respectfully requests your approval and-actle?i of the
Miami City Commission by a 4/5ths affirmative vote, after an advertised public hearing ratifying, approving,
and confirming the finding that competitive sealed bidding methods are not practicable or advantageous to the
City of Miami ("City"), pursuant to Section 18-85(a) of the Code of the City of Miami; waiving the
requirements for said procedures; recognizing the Urban Pulse d/b/a Clarke Smart Solutions ("Clarke Smart")
as the official events coordinator for the City's First Pitmaster Barbecue Competition ("Pitmaster
Competition") and engage Martin Luther King Economic Development Corporation (MLKEDC) primarily for
community outreach and engagement associated with the Backyard Barbeque contest.
On July 28, 2022, the City Commission allocated Five Hundred Thousand and 00/100 dollars ($500,000.00)
as a partnership with Miami -Dade College, Florida Memorial University, the University of Miami, and Florida
International University to establish the Venture Miami Scholarship Program ("Program"). With the Miami
Foundation as the Fiscal Administrator, the Program matches gaps in tuition cost for City -residents who are
attending one of the above noted educational institutions and pursuing a degree in science, technology,
engineering, or mathematics (`STEM"). According to the US Department of Labor, STEM occupations are
projected to grow by almost 11% by 2031, over two times faster than the total for all occupations. As of
February 8, 2024, the Program secured an additional $1.8 million in donations and awarded ninety-five (95)
scholarships with a remaining fund balance of approximately $2.0 million after fees.
In order to raise additional funds for the Program. Venture Miami wishes to host a Pitmaster Barbecue
Competition, which would constitute as the City's means of obtaining its quantitative goal. Beyond the
"quantitative goal," barbecue holds a significant cultural meaning as a symbol of social interaction, culinary
heritage, celebration, hospitality, and connection to the outdoors. It serves as more than just a method of
cooking food; it is a shared experience that brings people together and enriches cultural identity.
The competition will begin with an amateur Backyard Barbeque contest, which will be held on March 23,
2024, at Charles Hadley Park. located at 1350 NW 50th Street, Miami, FL, where ten (10) finalists will be
selected to compete amongst themselves. Those ten (10) finalists will then advance to the next phase, which
will allow them the opportunity to compete next to thirty (30) pitmaster professionals on April 20, 2024, at
Maurice A. Ferre Park ("Ferre Park"), located at 1075 Biscayne Boulevard, Miami, Florida. The planned
competition at Ferre Park will be sanctioned by the Florida Barbeque Association and will close out their
season; therefore, requiring the approval of waiving the competitive sealed bidding procedures for the hiring
of an event coordinator and the hiring of an entity for community engagement and outreach. Clarke Smart has
more than twenty (20) years of experience and an extensive background in executing events. Notable events
include, but are not limited to, the following: managing the North American Tour of the South African musical
Africa Umoja; and managed and executed all official events associated with the 3-day City of Miami 125th
Anniversary Celebration. Established in 1975 to serve the residents of Liberty City, MLKEDC plays a pivotal
role in community outreach and engagement. In addition to enhancing quality of life, MLKEDC drives
economic growth, prosperity, and resilience by attracting investment, supporting businesses, creating jobs, and
fostering collaboration between public and private stakeholders.
In light of the above -mentioned, and pursuant to Section 18-85, as amended, it is respectfully recommended
that you, as the City Manager, waive competitive sealed bidding methods, via the written findings and reasons
stated herein. Said waiver shall need to be ratified, confirmed, and approved by the City Commission, by a
four -fifths (4/5ths) affirmltive vote, during an advertised public hearing.
Approved: , `I `L_ Date: -_
Arthur Noriega V. City Manager
C: Erick Gavin, Executive Director, Venture Miami
Annie Perez, CPPO, Director, Department of Procurement
1
1
177
r-t
,.f
Budget Proposal
City of Miami Pit Masters Competition and Festival
Two Events
lst Event Neighborhood Competition (Qualifying Event) Saturday March 23rd @ Charles Hadley Park
2rd Event Finale Event Saturday April 20th @ Maurice Ferre Park
Community Liaison:
$7500
- At minimum 2 luncheon style meetings hosted by MLKEDC with local community partners to
promote event and coordinate community participation for Hadley Park and City wide Event
- Utilize MLKEDC website to provide information on cook team registrations and attendance to the
event
- Hosting of informational meeting with potential cook team participants to go over requirements
for events
Information session with cook team participants regarding food safety according to ServSafe
standards
Senior Citizen Engagement
Projected cost $10,000
- Coordination with Senior Centers regarding event day needs
- Shuttle to/ from event from known senior centers/buildings in District 5 to Hadley Park event
Public Relations
Projected Cost: $7500
- Creation and Distribution of Event Flyer
Work with Local chefs to create posts on MLKEDC website detailing BBQ history and culture in
city of Miami, with link to any City of Miami website highlighting event.
- Outreach to community partners, senior centers, as well as Miami Dade County District 3 and
City of Miami District 5 for flyer placement regarding the event
r' r