Item Coversheet

Resolutions - C7  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 



SUBJECT:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW MANAGEMENT AGREEMENT WITH THE RHYTHM FOUNDATION, INC. FOR THE MANAGEMENT OF THE CITY'S NORTH SHORE BANDSHELL, FOR A PERIOD OF FIVE (5) YEARS, WITH TWO (2) SUCCESSIVE TWO (2) YEAR RENEWAL OPTIONS, AT THE CITY'S OPTION, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION, SUBJECT TO FINAL NEGOTIATION OF THE AGREEMENT BY THE CITY ADMINISTRATION, AND SUBJECT TO LEGAL REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY.


RECOMMENDATION

CITY MANAGER’S RECOMMENDATION

 

The City Manager recommends that the Mayor and City Commission waive the formal competitive bidding requirement, by a 5/7th vote, as permitted under section 2-367(e) of the City Code, as being in the best interest of the City.

ANALYSIS

On September 10, 2014, the Mayor and City Commission adopted Resolution Number 2014-28722 (Exhibit A), accepting the written recommendation of the City Manager pertaining to the ranking of proposals pursuant to ITN 2014-215-LR for Band Shell Management Services and authorizing the Administration to enter into negotiations with The Rhythm Foundation, Inc. as the top-ranking proposer.

 

On February 19, 2015, the City and The Rhythm Foundation executed the Management Agreement for the management of the North Shore Band Shell (the “Agreement”) for an initial term of two (2) years (which commenced retroactively on October 1, 2014) with three (3) additional one (1) year renewal terms (Exhibit B). The Agreement is set to expire on September 30, 2019.

 

The Rhythm Foundation, Inc. is a Florida, not-for-profit 501(c)3 arts organization which seeks to increase international awareness and cultural exchange through the presentation of live music and related media programming. Since entering into the Agreement, The Rhythm Foundation has cemented the Band Shell as an exciting cultural anchor in the North Beach area being voted as the “Best Venue for Local Acts” in 2016 by the New Times. The Rhythm Foundation, Inc. continues to present a well-rounded series of concerts, free community and civic events, cultural programs, popular music and large productions that welcomes the entire South Florida community to the Band Shell. Such events have included global, musical and cultural events such as the Transatlantic Music Festival, Axis of Love, Global Cuba Fest, Seaside Sessions, and the Afroroots Music Fest. Free, local community events have included the City’s monthly Food Trucks and Music Fest, Dance Band Nights, annual concerts by the Nautilus Middle School Jazz Band and Miami Beach Senior High Rock Ensemble, and Parks and Recreation events such as celebrations for Hispanic Heritage and Black History months. The Rhythm Foundation has also been an instrumental partner with the City of Miami Beach in the success of the increasingly popular Miami Beach Youth Music Festival now in its 3rd year with over 3,000 attendees supporting local youth music initiatives.

 

Key components of the existing Agreement that will be included in the new Agreement includes:

              

  • The City will continue to provide up to $45,000.00 annually toward the operation of the facility.

  • The Rhythm Foundation, Inc. must program the facility at a minimum of 35 events annually, including programming for the City’s monthly food truck events and other City-sponsored events.

  • The Rhythm Foundation, Inc. must continue to use the House Sound System in connection with any events held at the facility and, at all times, the sound levels may not exceed 105dBC.

  • Facility Hours of Operation will continue to be from 10:00 am to 10:00 pm with the City Manager having the discretion to extend the hours of operation on a case by case basis to 11:00 pm on the weekends (Friday and Saturday).

  • The Rhythm Foundation, Inc. shall continue to provide surrounding condominiums with 30 days advance written notice when scheduled events will involve amplified sound.

  • Including language regarding Free Charitable Use allowing for 2 occasions during the term of the contract and any renewal term, for use of the North Shore Band Shell by a qualified, charitable arts organization having been reviewed and recommended by the City’s Cultural Arts Council through the rental fee waiver grant program funded by the Community Benefit Fund administered by the Tourism and Culture Development Department for live arts and cultural productions, including theater, dance, music, cabaret, opera, performance art, multi-disciplinary works and film.

The Administration is recommending the following edits to the Agreement:

 

  • An Initial Term of five (5) years and two (2) successive two (2) year renewal terms.

  • Approval of extending the hours of operation up to 12:30 am on New Year’s Eve.

  • Including CPI language as it relates to adjusting the rate of the annual $45,000.00 City contribution toward the operation of the facility.

  • Any and all technical and office equipment and facilities, furniture, displays, fixtures, vehicles and similar tangible property purchased by The Rhythm Foundation, Inc. through funds received from grants which were applied for solely by the City or in partnership with the City for use at the facility, shall remain property of the City.

CONCLUSION

The Administration recommends accepting the written recommendation of the City Manager and waiving, by 5/7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approving and authorizing the City Manager to execute a Management Agreement between the City and The Rhythm Foundation, Inc. for management of the City’s North Shore Band Shell, for a period of five (5) years, with two (2) successive two (2) year renewal options, subject to final negotiation of the agreement by the City Administration, and subject to legal review and form approval by the City Attorney; and further authorizing the Mayor and City Clerk to execute the final agreement. 

Legislative Tracking
Parks and Recreation

ATTACHMENTS:
Description
Exhibit A – Resolution No. 2014-28722
Exhibit B – 2015 Management Agreement Between the City and The Rhythm Foundation
Exhibit C – Draft 2019 Management Agreement Between the City and The Rhythm Foundation
Resolution