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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17674 Date: 05/21/2025 Commission Meeting Date: 06/17/2025 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Sole Source - Eventstar Structures Corp. - Miami Marine Park Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONCESSION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND EVENTSTAR STRUCTURES CORP., ("CONCESSIONAIRE"), AS THE SOLE SOURCE PROVIDER, FOR THE EXCLUSIVE PROVISION OF TENT STRUCTURES AT MIAMI MARINE PARK IN VIRGINIA KEY, ALSO KNOWN AS THE COMMODORE RALPH MUNROE MARINE STADIUM PARK ("MIAMI MARINE PARK") ALSO KNOWN AS FLEX PARK, EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL FIVE (5) YEARS, INCREASING THE CITY'S REVENUE SHARE TO TWENTY PERCENT (20%) DURING THE EXTENSION, AND ACCEPTING AN IN -KIND DONATION FROM CONCESSIONAIRE VALUED AT THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR THE INSTALLATION AND REPLACEMENT OF EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. Background of Item: The City of Miami ("City") is the owner of real property at Miami Marine Park, also known as the Commodore Ralph Munroe Marine Stadium Park ("Miami Marine Park. The City Commission pursuant to Resolution No. 15-0227, adopted on May 8, 2015, authorized the City to enter into a Concession Agreement ("Agreement") with the Eventstar Structures Corp., ("Concessionaire") as a sole source provider for the exclusive provision of tent structures at Miami Marine Park. The City and Concessionaire entered into the Agreement for a total term of ten (10) years, commencing on July 7, 2015 and expiring on July 6, 2025 with no renewal options. The concession fee payments to the City were set at ten percent (10%) of the gross revenues generated by Concessionaire for the first five (5) years, and at fifteen percent (15%) of the gross revenues generated for the final five (5) years of the term. The existing foundation cover plates and related equipment necessary for the operation of tent structures at Miami Marine Park require significant improvement and restoration. The City and Concessionaire wish to negotiate an amendment to the Agreement to extend the term for five (5) additional years, increasing the revenue share to twenty percent (20%) during such extension, and accepting an in -kind donation from the Concessionaire currently valued at three hundred thousand dollars ($300,000.00) for the restoration of existing anchors and installation of new foundation cover plates. Concessionaire, at its sole cost and expense, shall be solely responsible for the installation, maintenance, replacement and repair of the improvements and equipment, including but not limited to the foundation cover plates, throughout the term of the Agreement. The Chief Procurement Officer has adopted a finding that the Concessionaire continues to be the sole source provider of the proprietary equipment at Miami Marine Park. The findings of the Chief Procurement Officer have been approved and adopted as the finding of the City Manager. The City Manager and the Chief Procurement Officer recommend that the requirements for competitive sealed bidding procedures be waived. In the event the site is managed or redeveloped by another entity, such entity will be subject to the terms of the Agreement. Section 14.5 of the Agreement provides the City Manager has the right to execute any amendments to the Agreement, subject to prior approval by the City Commission after a public hearing, which shall be effective only when signed by City Manager and Concessionaire and shall be incorporated as a part of the Agreement. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: General Account No: 04002.221160.447500.0000.00000 Reviewed B Department of Real Estate and Asset Management Review Completed 05/21/2025 2:33 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Natasha Colebrook -Williams City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Jacqueline Lorenzo Office of the City Attorney George K. Wysong III City Commission Nicole Ewan City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 05/21/2025 6:21 PM 05/25/2025 5:40 PM 06/02/2025 1:41 PM 06/02/2025 2:38 PM 06/02/2025 7:33 PM 06/03/2025 8:36 AM 06/03/2025 10:03 AM 06/03/2025 3:50 PM 06/12/2025 9:00 AM 06/17/2025 9:00 AM 06/20/2025 6:56 PM City of Miami Legislation Resolution Enactment Number: R-25-0196 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17674 Final Action Date:6/17/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONCESSION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND EVENTSTAR STRUCTURES CORP., ("CONCESSIONAIRE"), AS THE SOLE SOURCE PROVIDER, FOR THE EXCLUSIVE PROVISION OF TENT STRUCTURES AT MIAMI MARINE PARK IN VIRGINIA KEY, ALSO KNOWN AS THE COMMODORE RALPH MUNROE MARINE STADIUM PARK ("MIAMI MARINE PARK") ALSO KNOWN AS THE FLEX PARK, EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL FIVE (5) YEARS, INCREASING THE CITY'S REVENUE SHARE TO TWENTY PERCENT (20%) DURING THE EXTENSION, AND ACCEPTING AN IN -KIND DONATION FROM CONCESSIONAIRE VALUED AT THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR THE INSTALLATION AND REPLACEMENT OF EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of real property at Miami Marine Park, also known as the Commodore Ralph Munroe Marine Stadium Park or the Flex Park ("Miami Marine Park"); and WHEREAS, the City Commission pursuant to Resolution No. R-15-0227, adopted on May 8, 2015, authorized the City to enter into a Concession Agreement ("Agreement") with Eventstar Structures Corp. ("Concessionaire") as a sole source provider for the exclusive provision of tent structures at Miami Marine Park; and WHEREAS, the City and Concessionaire entered into the Agreement for a total term of ten (10) years, commencing on July 7, 2015, and expiring on July 6, 2025, with no renewal options; and WHEREAS, the concession fee payments to the City were set at ten percent (10%) of the gross revenues generated by Concessionaire for the first five (5) years, and at fifteen percent (15%) of the gross revenues generated for the final five (5) years of the term; and WHEREAS, the existing foundation cover plates and related equipment necessary for the operation of tent structures at Miami Marine Park require significant improvement and restoration; and WHEREAS, the City and Concessionaire wish to negotiate an amendment to the Agreement to extend the term for five (5) additional years, increasing the revenue share to twenty percent (20%) during such extension, and accepting an in -kind donation from the Concessionaire currently valued at three hundred thousand dollars ($300,000.00) for the restoration of existing equipment, including restoration of anchors and installation of new foundation cover plates ("Amendment"); and WHEREAS, Concessionaire, at its sole cost and expense, shall be solely responsible for the installation, maintenance, replacement and repair of the improvements and equipment, including but not limited to the foundation cover plates, throughout the term of the Agreement; and WHEREAS, the Chief Procurement Officer has adopted a finding that the Concessionaire continues to be the sole source provider of the proprietary equipment at Miami Marine Park; 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 WHEREAS, in the event that Miami Marine Park is managed or redeveloped by another entity, such entity will be subject to the terms of the Agreement, as amended; and WHEREAS, Section 14.5 of the Agreement provides the City Manager has the right to execute any amendments to the Agreement, subject to prior approval by the City Commission after a public hearing, which shall be effective only when signed by City Manager and Concessionaire; 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 hereby adopted by reference thereto and incorporated herein 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 City Code, after an advertised public hearing, the City Manager's finding of a sole source, attached and incorporated as Attachment "A," is ratified, approved, and confirmed, and the requirements for competitive sealed bidding procedures are hereby waived. Section 3. The City Manager is authorized' to negotiate and execute the Amendment to the Agreement, in a form acceptable to the City Attorney. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 4. The City Manager is further authorized to negotiate and execute all documents, including amendments and modifications to the Amendment, in forms acceptable to the City Attorney, as may be necessary for this purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: