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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: