HomeMy WebLinkAboutMemoM 1 L i R E D A N r C L A 'U D E P E P P E R
BAYFRONT PARK
M A N A G E M E N T T R U S T
3'�1N. BiSCAYNE BOULEVARD, MIAMI, FL 3'3132
TELEE37sONE: (305)3513-7553 FAX 13+05)358-12*,"
TO: Pedro G. Hernandez; City Manager
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FROM: Timothy F. Schmand, Executive Director, Bayfront Park Management Trust
SUBJECT: Emergency Funding
DATE: March 16, 2009
This memorandum respectfully seeks your approval and adoption of the below described
Emergency :Finding justifying the waiver of competitive procurement procedures and the
selection of the contractor to provide additional restroom capacity, a generator, site
Iighting and a fire alarm system required by the City of Mianni Building Department for
the renovatilan of the Bayfront Park Amphitheater pursuant to the Management
Agreement (Agreement) !between the City of Miami (City), the Bayfront Park
Management Trust (Trust) and Live Nation Worldwide, Inc., (Live Nation) for the
management and operation of the Bayfront Park Amphitheater.
EMERGENCE' FINDING
FINDINGS,
• The City of Miami Purchasing Department issued RFLI 44014 for the
management and operation of the Bayfront Park Amphitheater on August 21,
200',7.
• On October 12, 2007, the Trust's Procurement Committee evaluated the two
proposals received and selected Live Nation Worldwide, Inc., ,as the first ranked
firm.
• On Octd'ber 22, 2007, the Trust adopted a motion to accept the Procurement
Committee's selection and to negotiate an Agreement with Live Nation.
• On Jfanuary 10, 2008, the City Commission adopted Resolution No. 08-0026,
authorizing the Trust to negotiate an Agreement with Live Nation Worldwide,
Inc., for the purpose of managing and operating the Bayfront Park Amphitheater.
• On Jruty 24, 2008, the City Commission adopted with modifications the
Agreement
Emergency Finding Memorandum
Bayfront Park Management Trust Amphitheater Renovation .
Pedro G. Hernandez, City Manager
Page 2
• On September 10, 2008, the Agreement between the City, Trust and Live Nation
was fully executed.
• During the permitting process, the City of Miami Building Department
determined that additional restroom capacity and improved life safety equipment
were required at the Amphitheater.
• The Agreement contemplated that Live Nation would provide temporary day -of -
show restrooms to augment the existing on-site facilities.
• The Agreement also included the following: Live Nation represents and agrees
that prior to the Effective Date Live Nation inspected the Facility and Live Nation
has accepted the Facility "as -is, where -is and with all faults'; except for
violations of Governmental Requirements and defects existent as of the
Occupation Date.
• The increased restroom capacity and improved life safety equipment are
governmental requirements, excluded from the agreement.
• Pursuant to the Agreement, Live Nation agreed to "expend not less than
$2,000,000, including both hard and soft costs," for the renovation of the Bayfront
Park Amphitheater. The estimated amount for the renovations is projected to be
$2,738,754.
• On March 10, 2009, the Trust adopted Resolution No. 09-006, allocating from the
Bayfront Park Capital Improvement Budget an amount not to exceed $500,000 for
the renovations, more specifically for additional restroom capacity, a generator,
site lighting and a fire alarm system.
• At the same meeting, Live Nation representatives confirmed that any additional
costs above the $2,000,000 contractually required by Live Nation and the
$500,000 allocated by the Trust would be paid for by Live Nation.
• Therefore, the Trust requests a waiver of sealed competitive bids for the
installation of new restrooms, a generator, site lighting and a fire alarm system in
the Bayfront Park Amphitheater, to be done by Live Nation's contractor with
funds coming from the Trust's capital budget. The reason for the bid waiver
would be to allow the contractor with whom Live Nation is already working to
undertake the work, so that it may be completed in a timely manner, and is most
practical and advantageous to the City and the Trust.
ACTIONS
This action is being considered pursuant to Florida Statutes 287.055 (Consultant's
Competitive Negotiation Act) and Section 18-85 (Competitive Sealed Bidding/Waiver
Procedures), 18-87 (Professional Services as defined in F.S. Section 287.055 and 18-
90 (Emergency Procurements) of the Code of the City of Miami, as amended. This
criteria is to be considered in this manner as set forth in the proposed resolution and in
these Code sections and in F.S. Section 287.055, which are deemed to be incorporated
by reference herein and are available as public records from the City of Miami
Emergency Findings Memorandum
Bayfront Park Management Trust Amphitheater Renovation
Pedro G. Hernandez, City Manager
Page 3
2. The Trust has determined that the most expeditious method of providing the requested
additional services and provide consistency in the project is to allow Live Nation
Worldwide, Inc., to engage the existing service provider, in an effort to effectively
incorporate the proposed additional work products and services in the renovation of
the Bayfront Park Amphitheater.
The above findings and recommendations are approved and adopted as those of the City
manager/Chief Administrative Officer of the City of Miami.
Pedro G. Hernandez, P.E.
City Manager
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Cc: Glenn Marcos, Director, Purchasing Department
Julie O. Bru, City Attorney
Veronica A. Xiques, assistant City Attorney
Bill Anido, Assistant City Manager
Timothy F. Schmand, Executive Director, Bayfront Park Management Trust