HomeMy WebLinkAboutSummary FormDate: 3/24/2009
AGENDA ITEM SUMMARY FORM
FILE ID: Ql''0021:� -)
Requesting Department: Bayfront Park Mngmt. Trust
Commission Meeting Date: 4/2/2009 District Impacted:
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: An Amendment to the Management Agreement between the City of Miami, the Bayfront Park
Management Trust and Live Nation Worldwide, Inc., for the management and operation of the Bayfront
Park Amphitheater, and an Emergency Finding waiving the competitive procurement procedures and the
selection of the contractor to provide additional restroom capacity, a generator, site lighting and a fire
alarm system required by the City of Miami Building Department for the renovation of the Bayfront
Park Amphitheater pursuant to the aforementioned Management Agreement.
Purpose of Item:
Requesting the City Commission approve and adopt the Amendment to the Management Agreement
(Agreement) between the City of Miami, the Bayfront Park Management Trust and Live Nation
Worldwide, Inc., for the management and operation of the Bayfront Park Amphitheater. The
amendment authorizes the Trust to expend an amount not to exceed $500,000, allocated from the
Bayfront Park Capital Improvement Budget, for the renovation of the Bayfront Park Amphitheater,
pursuant to the Agreement, and, requesting the City Commission approve an Emergency Finding
justifying waiving the competitive procurement procedures and the selection of the contractor to
provide additional restroom capacity, a generator, site lighting and a fire alarm system required by the
City of Miami Building Department for the renovation of the Bayfront Park Amphitheater pursuant to
the aforementioned Management Agreement.
Background Information:
Page I of 2
The City of Miami Purchasing Department issued RNLI 44014 for the management and operation of
the Bayfront Park Amphitheater on August 21, 2007. The City Commission adopted Resolution No.
08-0026 on January 10, 2008, authorizing the Trust to negotiate an agreement with Live Nation. A
Management Agreement (Agreement) was fully executed on September 10, 2008. 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 $2,763,281.
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 approval and adoption of the Amendment.
The Trust is also requesting 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
completed by Live Nation's contractor (HITT Contracting, Inc.)with funds corning 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.
Budget Impact Analvsis
YES Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below,
General Account No: Bayfront Park Trust
Special Revenue Account No: Cap. Imp. Budget
CIP Project No:
NO Is this item funded by Homeland Defense/Neigbborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP Budget
[f using or receiving capital fonds
Grants Risk Management.
Purchasing Dept. Director _
Chief
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