HomeMy WebLinkAboutR-25-0196City of Miami
Resolution R-25-0196
Legislation
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
City of Miami Page 1 of 3 File ID: 17674 (Revision:) Printed On: 8/25/2025
File ID: 17674 Enactment Number: R-25-0196
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.
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File ID: 17674 Enactment Number: R-25-0196
Section 3. The City Manager is authorized' to negotiate and execute the Amendment to
the Agreement, in a form acceptable to the City Attorney.
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:
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.
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