CA.1 - Amend Outfront Media License Agreement

WHEREAS, pursuant to Resolution No. 10-0529, adopted by the City Commission on October 21, 2010, the City of Miami (“City") and Fuel Miami, now Outfront Media LLC (“Outfront”), entered into a revocable license agreement identified as Contract No. 245233 (the “RLA”) granting Outfront a revocable license to display mural advertising on City-owned property and generating revenue for the City through the City’s Department of Real Estate and Asset Management (“DREAM”); and

WHEREAS, the RLA had a five (5) year initial term with five (5) additional one (1) year options to renew, providing for a total term of ten (10) years; and

WHEREAS, pursuant to Resolution No. 17-0305, adopted by the City Commission on June 22, 2017, the City Manager was authorized to negotiate and execute all other documents, including any additional revocable license agreements, amendments, renewals, extensions and modifications, to the RLA, all in forms acceptable to the City Attorney; and

WHEREAS, Amendment No. 1 was approved and executed, acknowledging Outfront’s acquisition of Fuel Miami; and

WHEREAS, the mural advertising is currently displayed by Outfront on the Miami Riverside Center (“MRC”) located at 444 SW 2nd Avenue, Miami, FL 33130; and

WHEREAS, the City approved and began construction on a new City administrative headquarters building to replace the MRC; and

WHEREAS, the City issued a solicitation for the continuation of mural advertising at the MRC, and only one response was received, submitted by Outfront; and

WHEREAS, the solicitation was discontinued due to the anticipated timeline of the City's relocation to a new administrative headquarters building, and DREAM has determined that it is in the City's best interest to extend the RLA, as a revocable license of City-owned property, on updated revenue terms negotiated with Outfront.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section.

Section 2. The City Commission hereby authorizes amending the RLA to increase the Monthly Use Fee to Twelve Thousand, Nine Hundred Sixteen and 67/100 Dollars ($12,916.67) and to adjust the Percentage Fee to ten percent (10%) of monthly Gross Receipts.

Section 3. The City Commission further authorizes1 extending the term of the RLA until the earlier of (i) three (3) years from the effective date of Amendment No. 2, or (ii) the date the City vacates the MRC.

Section 4.  The City Manager is authorized1 to execute Amendment No. 2 in a form acceptable to the City Attorney.

Section 5.  The City Manager is further authorized1 to negotiate and execute all other documents including any amendments, renewals, and extensions, subject to allocations, appropriations, and budgetary approvals having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended (“City Code”), including the City’s Procurement Ordinance, Anti-Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose.

Section 6.  This Resolution shall become effective immediately upon its adoption.