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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4498 Resolution Sponsored by: Commissioner Joe Carollo A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS, WITH ONE (1) ( ) YEAR OPTION TO RENEW, WITH AN ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS AND CONDITIONS SET FORTH IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4498 Final Action Date:9/27/2018 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS, WITH ONE (1) ( ) YEAR OPTION TO RENEW, WITH AN ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS AND CONDITIONS SET FORTH IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. WHEREAS, pursuant to Resolution No. 14-0166, adopted on April 25, 2014, and per the terms of the prior use agreement ("Prior Agreement") the Ultra Music Festival ("Ultra") has been held at Bayfront Park from 2014 through 2018; and WHEREAS, at its May 24, 2018 meeting, the City Commission heard from members of the public, local residents and businesses, school and police officials, and representatives of Ultra; and WHEREAS, the City Commission desires to enter into a new Bayfront Park Ultra Use Agreement ("New Agreement") for a period of (_) years, encompassing event years through , with an annual guaranteed minimum payment to the City of Miami ("City") of two million dollars ($2,000,000.00), with further terms and conditions as specified in the New Agreement; and WHEREAS, the City Commission has traditionally approved Bayfront Park use agreements that exceed one (1) year in duration and therefore approval by the Bayfront Park Management Trust, a City entity and instrumentality that manages Bayfront Park, would follow City Commission approval in this instance; 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, after an advertised public hearing, the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended, waiving the requirements for competitive sealed bidding as not being practicable or advantageous to the City, is ratified, confirmed, and approved. Section 3. The Bayfront Park Executive Director/City Manager, as applicable, is/are authorized' to enter into the New Agreement, in a form acceptable to the City Attorney, with Event Entertainment Group, Inc., a Florida profit corporation, for the use of Bayfront Park for the Ultra Music Festival for a period of (_) years, with one (1) (_) year option to renew, with an annual two million dollar ($2,000,000.00) guaranteed minimum payment to the City, with the terms and conditions set forth in the New Agreement. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, required for said purpose. Section 5. The City Clerk is hereby directed to transmit a copy of this Resolution to the Bayfront Park Management Trust. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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.