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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00471 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE INFRASTRUCTURE INSTALLATION OF ANCHORS AND CUSTOM BASEPLATES TO CORRECT TOPOGRAPHY AND SOIL CONDITIONS AT VIRGINIA KEY, SPECIFICALLY MIAMI MARINE PARK, ALSO KNOWN AS THE COMMODORE RALPH MUNROE MARINE STADIUM PARK ("MIAMI MARINE PARK"), FOR THE TENTING STRUCTURES REQUIRED FOR THE MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW"), WITH EVENTSTAR STRUCTURES, THE SOLE SOURCE PROVIDER; ACCEPTING AN IN -KIND DONATION FROM EVENTSTAR STRUCTURES ("EVENTSTAR") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. ("NMMA") OF THE INSTALLED CUSTOM BASEPLATES VALUED AT $350,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN (10) YEAR CONCESSION AGREEMENT WITH EVENTSTAR STRUCTURES FOR THE EXCLUSIVE PROVISION OF TENT STRUCTURES AT VIRGINIA KEY, SPECIFICALLY MIAMI MARINE PARK, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FOR A CONCESSION FEE PAYMENT TO THE CITY EQUAL TO TEN (10%) PERCENT OF GROSS REVENUES FOR THE FIRST FIVE (5) YEARS OF THE TERM, AND FIFTEEN (15%) PERCENT FOR THE LAST FIVE (5) YEARS OF THE TERM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, FOR SAID PURPOSE. WHEREAS, the Capital Improvements and Transportation Program Department seeks to make improvements for Miami Marine Park, also known as the Commodore Ralph Munroe Marine Stadium Park ("Miami Marine Park"), in preparation for the Miami International Boat Show ("Boat Show"); and WHEREAS, the National Marine Manufacturers Association, Inc. ("NMMA") presenters of the Boat Show, has specific needs that must be met for the Boat Show, including, but not limited to, securing large size tenting structures; and WHEREAS, NMMA entered into a contract with Eventstar Structures ("Eventstar") which includes engineering design and installation of anchors and custom baseplates to correct topography and soil conditions on Virginia Key, as the soil conditions and properties on Virginia Key, specifically Miami Marine Park, require deep foundations to secure the ground anchorage system needed to install the structures; and WHEREAS, the baseplates used to correct the topography and soil conditions on Virginia Key, specifically Miami Marine Park, are proprietary custom made and will not be compatible to any other vendor's tenting structures. In addition, if an attempt is made by another vendor to install tenting City of Mianti Page 1 of 3 File Id: 15-00471 (Version: 1) Printed On: 5/18/2015 File Number: 15-00471 structures at the site, the foundation and base plates would be compromised, and WHEREAS, due to the unique requirements of Virginia Key, specifically Miami Marine Park, for the installation of the temporary structures, it is determined that Eventstar is the sole provider of the anchorage and baseplate system; and WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the Chief Procurement Officer has adopted a finding that the Eventstar is the sole source provider of the proprietary custom baseplates required for the extra -large tents; and WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and the Chief Procurement Officer recommend that the requirements for competitive sealed bidding procedures be waived and the procurement of the above goods as specified be approved; and WHEREAS, the City will incur no cost for the tenting infrastructure to be provided by Eventstar for the Boat Show. Furthermore, Eventstar and NMMA have agreed to donate the installed custom baseplates to the City at the conclusion of the Boat Show, establishing the infrastructure needed for future events. The City stands to benefit from having access to the ground anchorage system custom baseplates for future events. This in -kind donation is valued at $350,000.00 and will be available to other City events through the sole provider; and WHEREAS, Eventstar is the only compatible tenting provider for this infrastructure, the City recommends entering into a ten (10) year concession agreement for the exclusive provision of providing tent structures for all future events held at Virginia Key, specifically Miami Marine Park. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to 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, pursuant to section 18-92 of the Code of the City of Miami, Florida, as amended, after an advertised public hearing, ratifying, approving and confirming the city manager's finding of a sole source; waiving the requirements for competitive sealed bidding procedures and approving the infrastructure installation of anchors and custom baseplates to correct topography and soil conditions at Virginia Key, specifically Marine Park, for the tenting structures required for the Miami International Boat Show, with Eventstar Structures, the sole source provider. Section 3. The City Manager is authorized to accept an in -kind donation from Eventstar Structures and NMMA for the ground anchorage system custom baseplates, valued at $350,000.00. Section 4. The City Manager is authorized to execute a ten (10) year concession agreement with Eventstar Structures for the exclusive provision of tent structures at Virginia Key, specifically Marine Park, in substantially the attached form, providing for a Concession Fee payment to the City equal to ten (10%) percent of gross revenues for the first five (5) years of the term, and fifteen (15'%) percent for the last five (5) years of the term. City of Miami Page 2 of 3 File Id: 15-00471 (Version: 1) Printed On: 5/18/2015 File Number: 15-00471 Section 5. The City Manager is further authorized to o negotiate and execute any necessary amendments, extensions, and modifications, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPR VED AS TO FORM AND C RRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-00471 (Version: 1) Printed On: 5/18/2015