HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5067
Date: 10/29/2018
Commission Meeting Date: 11/15/2018
Type: Resolution
Subject: Bid Waiver - Ultra Music Festival
Purpose of the Item:
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By: Keon Hardemon
District Impacted:
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 to enter into a Marine Stadium Revocable License Agreement with Event
Entertainment Group, Inc. ("Licensee") for the presentation of an annual Ultra Music
Festival at the Marine Stadium site and Virginia Key Beach Park site on the terms and
conditions, including Use Fee, Use Period, and other terms set forth in the Revocable
License Agreement; further authorizing the City Manager to execute the Marine Stadium
Revocable License Agreement with the User for the Ultra Music Festival, in substantially
the attached form, subject to review and approval by the City Attorney as to legal form
and correctness.
Background Information:
The City of Miami ("City") is the owner in fee simple of certain real property located
throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker
Causeway, Miami, FL 33149, and the Virginia Key Beach Park Trust is a limited agency
and instrumentality of the City with responsibility to oversee and manage the Historic
Virginia Key Beach Park, located at 4000 Virginia Beach Drive, Miami, FL 33149,
subject to City Commission approval (collectively the "Property" as more particularly
described in the attached License Agreement).
Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic music festival
("Ultra Music Festival"). Licensee wishes to use the Property for purposes of producing
the Ultra Music Festival ("Event") on an annual basis at the Property. The City and
Licensee desire and intend to enter into a Revocable License Agreement ("License
Agreement") for the use of a portion of the Property.
The License Agreement is not assignable, is not for a fixed term, and is revocable, for
convenience, at -will by the City Manager without consent of the Licensee. The License
Agreement does not transfer any interest in real property, including any leasehold
interest in real property owned by the City or managed by the Virginia Key Beach Park
Trust. Formal action by the City of Miami City Commission is required to authorize and
accept this Agreement and is a condition precedent to the Agreement's legal efficacy
and validity.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 04002.221160.469000
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget Everton Garvis
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Clerk
Reviewed B
Christopher M Rose
Fernando Casamayor
Valentin J Alvarez
Nikolas Pascual
Valentin J Alvarez
Victoria Mendez
Maricarmen Lopez
Valentin J Alvarez
Mayor's Office
City Clerk's Office
Victoria Mendez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Legislative Division Review
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
11/05/2018 2:42 PM
11/05/2018 3:31 PM
11/05/2018 4:28 PM
11/05/2018 6:41 PM
11/05/2018 6:52 PM
11/05/2018 7:31 PM
11/05/2018 6:47 PM
11/05/2018 7:48 PM
11/15/2018 9:00 AM
11/21/2018 11:42 AM
11/26/2018 3:27 PM
11/26/2018 3:58 PM
Completed
01/25/2019 8:29 AM
City of Miami
Legislation
Resolution
Enactment Number: R-18-0523
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5067 Final Action Date:11/15/2018
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 FINDING, 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 METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI TO ENTER INTO A REVOCABLE
LICENSE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC.
("LICENSEE") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL
AT THE MARINE STADIUM SITE AND VIRGINIA KEY BEACH SITE ON THE TERMS
AND CONDITIONS, INCLUDING USE FEE, USE PERIOD, AND OTHER TERMS SET
FORTH IN THE REVOCABLE LICENSE AGREEMENT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE REVOCABLE LICENSE AGREEMENT
WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property
located throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker
Causeway, Miami, Florida, and the Virginia Key Beach Park Trust is a limited agency and
instrumentality of the City with responsibility to oversee and manage the Historic Virginia Key
Beach Park, located at 4000 Virginia Beach Drive, Miami, Florida, subject to City Commission
approval (collectively the "Property" as more particularly described in the attached License
Agreement); and
WHEREAS, Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic
music festival ("Ultra Music Festival"); and
WHEREAS, Licensee wishes to use the Property for purposes of producing the Ultra
Music Festival ("Event") on an annual basis at the Property; and
WHEREAS, the City and Licensee desire and intend to enter into a Revocable License
Agreement ("License Agreement") for the use of the Property; and
WHEREAS, the License Agreement is not assignable, is not for a fixed term, and is
revocable at -will by the City Manager, for convenience, without consent of the Licensee; and
WHEREAS, the License Agreement does not transfer any interest in real property,
including any leasehold interest in real property owned by the City or City -owned property
managed by the Virginia Key Beach Park Trust; and
WHEREAS, the City Commission has determined these payments are not unrestricted
and in this instance the Trust Fund Payments for mass transit provided for in Section 35-254 of
the City Code shall not apply to these payments under the Revocable License Agreement; and
WHEREAS, in order to assist the Virginia Key Beach Park Trust with the creation and
establishment of the African American Museum, One Million Dollars ($1,000,000.00) of the Two
Million Dollar ($2,000,000.00) Use Fee payable for the 2019 Event will be allocated to the
Virginia Key Beach Park Trust in a separate account for the African American Museum to be
constructed at Historic Virginia Key Beach Park; and
WHEREAS, formal action and approval by the City of Miami City Commission is required
to authorize and accept this Agreement and is a condition precedent to the Agreement's legal
efficacy and validity;
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 fully set forth in this Section.
Section 2. The City Commission, by a four -fifths (4/5ths) affirmative vote, after an
advertised public hearing, ratifies, confirms and approves 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. This waiver is applicable to
the City of Miami and its agencies and instrumentalities.
Section 3. The City Manager is authorized' to execute a Revocable License Agreement,
in substantially the attached form, between the City and the Licensee, for the purpose of
producing the Event on the Property, subject to a Use Fee no less than Two Million Dollars
($2,000,000.00) per Event, with the terms and conditions more particularly described in the
License Agreement.
Section 4. The City Manager is authorized' to make non -substantive amendments to
such License Agreement as needed, subject to the City Attorney's approval as to legal form and
correctness. Insurance provisions of the License Agreement will be subject to the approval of
the City's Director of Risk Management.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
1 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.
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.
APPROVED AS TO FORM AND CORRECTNESS: