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
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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.
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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.
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