Loading...
Resolution 2021-31965RESOLUTION NO. 2021-31965 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH RED BULL NORTH AMERICA, INC. (RED BULL), AS THE EXCLUSIVE ENERGY DRINK SPONSOR, TO INCLUDE POURING RIGHTS, MUNICIPAL MARKETING, VENDING AND DISPENSING ON CERTAIN CITY -OWNED PROPERTIES, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, FOR A TERM OF FIVE (5) YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT, SUBJECT TO FORM APPROVAL BY THE CITY ATTORNEY. WHEREAS, the City's municipal sponsorship agency, Global Spectrum L.P. ("Spectra Partnerships"), worked with City staff to identify priorities for their efforts in securing municipal marketing partners, and identified non-alcoholic beverage partnerships as a target category, and; WHEREAS, Spectra Partnerships initiated a selection process to identify and recommend an exclusive / official non-alcoholic beverage partner for the City, with the goal of identifying a partner that would be interested in a brand affiliation relationship with the City, and providing a marketing benefit to both parties, as well as revenue generation for the City; and WHEREAS, Spectra Partnerships initiated a process that involved the initial identification of potential respondents; an invitation for those companies to submit proposals; the selection of the best potential partnership offers for the submission of a "best and final" offer; and the recommendation of a final offer for the City to consider; and WHEREAS, Spectra Partnerships invited the top three (3) national entities in the non- alcoholic beverage category to submit "best and final" offers and, subsequent to their submission and presentation, recommended to the City the selection Red Bull North America, Inc. (Red Bull) as the City's exclusive energy drink sponsor to include pouring rights, municipal marketing, vending and dispensing rights on certain city -owned properties, based upon the essential terms set forth in their proposal, attached as Exhibit "A" to the City Commission Memorandum accompanying this Resolution (the "Proposal"); and WHEREAS, Spectra Partnerships analyzed the Proposal and advised City staff that an agreement with Red Bull would provide a financial and marketing benefit of more than $1,275,000 to the City over the proposed five-year term of the partnership (cash and non - cash value); and WHEREAS, based upon the foregoing, the City Manager recommends waiving, by 5/711 vote, the formal competitive bidding requirement, as permitted in Section 2-367(e) of the City Code, and authorizing the City Administration to negotiate an agreement with Red Bull for a term of five (5) years, based upon the essential terms set forth in the City Commission Memorandum accompanying this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 5/7 1h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize the City Manager to negotiate an agreement with Red Bull North America, Inc. (Red Bull), as the exclusive energy drink sponsor, to include pouring rights, municipal marketing, vending and dispensing rights on in certain city -owned properties, based upon the essential terms set forth in the City Commission Memorandum accompanying this Resolution, for a term of five (5) years; and further authorize the City Manager and City Clerk to execute the agreement, subject to form approval by the City Attorney. PASSED and ADOPTED this 8th day of December 2021. ATTEST: i��ogr�ORAT o° = Dan Gelber, Mayor RafKel ff-r3ianado, City Clerk DEC 1 3 2021 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date CCity Attorney Resolutions - R7 AB MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: December 8, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH RED BULL NORTH AMERICA, INC. (RED BULL), AS THE EXCLUSIVE ENERGY DRINK SPONSOR, TO INCLUDE POURING RIGHTS, MUNICIPAL MARKETING, VENDING AND DISPENSING ON CERTAIN CITY -OWNED PROPERTIES, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, FOR A TERM OF FIVE (5) YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT, SUBJECT TO FORM APPROVAL BYTHE CITYATTORNEY RECOMMENDATION The administration recommends waiving, by 5/7th vote, the formal competitive bidding requirement, as permitted in Section 2-367(e) of the City Code, and authorizing the City Administration to negotiate an agreement with Red Bull for a term of five (5) years, based upon the essential terms set forth in the City Commission Memorandum accompanying this Resolution. BACKGROU N DM ISTORY The City has an agreement for pouring rights with Coke Florida as the non-alcoholic beverage partner. Pouring rights refers to dispensed non -alcohol beverages or beverages sold via concession, as compared to those being sold through a vending machine. This agreement was approved by the Commission on March 14, 2012 and is set to expire on December 31, 2021. The City's municipal sponsorship consultant, Spectra Partnerships, initiated a selection process for new non-alcoholic beverage partnership opportunities for the City. Spectra Partnerships has developed and cultivated successful non-alcoholic beverage partnerships for 150+ clients across North America and has identified multiple opportunities to grow the financial, brand, product, and sustainability contributions for both the City and its residents and visitors. Current Opportunities: Comparable to the previous partnership, the selected entity would have exclusive category Page 1220 of 1464 vending and pouring rights at all pre -determined City owned facilities, including those currently managed by third parties, including, but not limited to the Miami Beach Convention Center, the North Beach Bandshell and Flamingo Park Tennis Center as examples. The management or contracted companies for these respective City facilities will be required to comply with any of the City's selected category sponsors, with all revenues relating to sponsorship and commissions, as well as marketing support, to benefit the City directly. Process: Spectra Partnerships managed the process relating to the exclusive beverage partner program on behalf of the City, beginning with initial identification of potential respondents; an invitation for those companies to submit proposals; the selection of the best potential partnership offers for the submission of a "best and final" offer; and the recommendation of a final offer for the City to consider. Spectra Partnerships' involvement has included being the day to day contact for proposers as well as facilitating all administrative functions, analysis of comparable partnerships, negotiation on sponsorship deal points, and providing these potential partners with information relating to the City and opportunities. Spectra Partnerships also gathered information on current venues, volumes, and deal structures. Proposal Components: Spectra Partnerships advised prospective proposers of the City's interest in an energy drink partner and the availability of opportunities from this partnership. Spectra Partnerships also advised the prospective proposers of the City's interest in securing a partner that provided an annual sponsorship fee, a comprehensive marketing plan, and a sustainability and recycling strategy to enhance the presence of both the partner brand and the Miami Beach brand to ensure the executed agreement was a 360 degree integrated plan, and not simply an exchange of money. Red Bull North America, Inc. (Red Bull) submitted a five-year proposal. ANALYSIS Best and Final Offers: Based on Spectra Partnerships review, Red Bull presented a proposal that provided a combination of an annual "sponsorship" fee, commissions on sales, and a rebate program. Red Bull also provided preferred product pricing, as it was essential that proposed pricing be competitive with current pricing in the overall market and at City of Miami Beach venues. The proposal also delineated potential marketing opportunities from the partnership. Below are the major components of the proposal: Term: 5 years Sponsorship fee: $75,000 per month paid within 30 days of contract execution. Commissions / Pricina / Rebates Rebate Bonus: $5 per case purchased, paid quarterly. Volume Bonus: $25,000 paid at 10,000 cases, additional $25,000 for each additional 5,000 cases. Pricing - $36/case for 24 x 8.4 oz cans Sample Product — 15,000 cans at $3/can for CMB employees, and 30,000 cans at $3/can at mutually agreed upon occasions. Page 1221 of 1464 Sustainability Marketing: 80% renewable energy in the manufacturing process. Red Bull cans are made of up to 100% recycled aluminum. Red Bull cans are 100% recyclable. Secondary packaging (carton and foil) is made up of up to 100% recycled material and is 100% recyclable. Red Bull offers some of the world's most recognizable branded events and marketing efforts and will look to partner with the City across multiple activations which could include F1, athlete collaborations, and the Red Bull Air Force. Red Bull is committed to exploring all activations with the City as they are currently building out their 2022 and beyond activation strategy. PROPOSAL: ExhibitA outlines the sponsorship proposal submitted by Red Bull. The proposal delineates the general responsibilities of each party during the term of the Agreement. As noted, several points remained under discussion at the time this agenda item went to print, pending further clarification and agreement by Red Bull's and the City's legal teams on proposed language submitted by all parties and to be confirmed in the verbiage included in the final contract. The final contract will also include all confirmed locations of potential vending equipment. Estimated Total Value: Red Bull was founded in 1984 and controls the largest share of the energy drink category in the global beverage industry with over 7.9 billion cans sold in 2020. As reflected in the attached proposal, the estimated total value of the proposed energy drink sponsorship partnership with Red Bull over the term of the agreement is approximately $1,275,000, inclusive of the annual sponsorship fees ($375,000); can rebate ($100,000), volume bonus ($125,000) and sample product value ($675,000). The following charts provide a breakdown of the value of the proposed partnership between the City of Miami Beach and Red Bull (cash and non-cash): RED BULL YEAR Sponsorship Rebates Volume Bonus Product Commitment TOTAL 2022 $75,000 $20,000 $25,000 $135,000 $255,000 2023 $75,000 $20,000 $25,000 $135,000 $255,000 2024 $75,000 $20,000 $25,000 $135,000 $255,000 2025 $75,000 $20,000 $25,000 $135,000 $255,000 2026 $75,000 $20,000 $25,000 $135,000 $255,000 $375,000 $100,000 $125,000 $675,000 $1,275,000 Requirements of City: Page 1222 of 1464 As is common in these types of partnerships, there are certain expectations with regards to the non-alcoholic beverage partner's role. In addition to supporting the efforts of expanding the sales of the products through city -owned vending locations and venues, support will include: recognition of the partnership as the official energy drink of Miami Beach; exclusive sampling rights on public fights of way, with a waiver of certain permit and application fees for a limited number of sampling events on public property (mutually agreed upon and to be determined in the final contract); recognition of the integrated logo, with a right to use the logo; City use of only Red Bull energy drink products at City events (the agreement negotiated will be subject to any existing contractual rights that the city has with other parties, and will allow the City a certain number of waivers per year. Spectra Partnerships, in conjunction with the administration, recommends that the City enter negotiations with Red Bull as the City's official energy drink partner, pursuant to the proposal in Exhibit A. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Strategic Connection Non -Applicable Legislative Tracking Marketing and Communications ATTACHMENTS: Description ❑ Exhibit A - Red Bull Proposal ❑ Resolution Does this item utilize G.O. Bond Funds? No Page 1223 of 1464 PROPOSH, NV MERCHANDISING POS --) N/A Page 1224 of 1464 ATHLETE ACTIVATIONS 0 Page 1225 of 1464 EXECUTION BONUS M APPROVED DISTRIBUTORS • $75K PAID WITHIN 30 DAYS OF •BREAKTHRU BEVERAGE CONTRACT EXECUTION • RBDC • SYSCO REBATE • $5 PER CASE PURCHASED, PAID PRICING N30 QUARTLERY r $36/CASE • 24 8.4 OZ CANS VOLUME BONUS • $25,000 PAID AT l OK CASES, VENDING ADDITIONAL $25,000 EACH 3RD PARTY VENDOR SELECTION ADDITONAL 5K CASES UP TO SPECTRA Page 1226 of 1464 CITY OF MB EMPLOYEES '` 15K CANS @ $3 A CAN CITY OF MB CONSUMERS • 30K CANS @ $3 A CAN • MUTUALLY AGREED UPON OCASSIONS AS TO NOT H CANABALIZE SALES H SALES INCREASE �k PROFIT PROJECTION - UPDATED 1101 MONSTER CURRENT $1.43 SELLINGQ 0.. SITUATION COST PER CAN 8.4 OZ RED BULL PROPOSED $1930 SELLINGO SITUATION COST PER CAN Red Bull Page 1227 of 1464 $65K PROFIT ON 600 CASES AT $4.5 PER CAN CONSIDERATIONS O • ASSUMES AVERAGE SELLING PRICE OF $4.5 PER 16 OZ MONSTER CAN • MONSTER NOT AVAILABLE AT ALL OUTLETS OR EXECUTED WELL DURING EVENT LANDSCAPE. $432K CONSIDERATIONS • ASSUMES AVERAGE SELLING PRICE OF $4.5 PROFIT ON 4K CASES 0 PER 8.4. SOLD TO CONSUMERS • HISTORICAL DATA FOR LIKE ACCOUNTS USED AT $4.5 PER CAN FOR PROJECTIONS (APPENDIX Q Y-1 ��, - - - � VALUE IN KIND RED BULL TO PROVIDE • VENDING MACHINES • COLD EQUIPMENT • MENU DESIGN & PRINT • DIGITAL POSTERS • SOCIAL MEDIA CONTENT CREATION r f r as r f i K660 Page 1229 of 1464 RED BULL TO PROVIDE • DJ DESKS • BARS • WIG-WAMS (LARGE PARASOL) • EVENT VEHICLE POS DIGITAL POSTERS- CLICK VIDEO ON THE RIGHT Page 1230 of 1464 lo:1!1►`I1 I CASH BAR 'ow WWI SMALL FIRE BAR m LIVE MUSIC BAR m OSCAR BAR m LAB BAR SNOBEA BAR IMAGE 2020 BAR MODULAR BAR WAVEBREAKER BAR ELEMENTS BAR LIVE MUSIC D1 DESK REFLECTION DJ DESK I li y � LIVE MUSIC D1 DESK - LIVE MUSIC DJ DESK - SHAPE SHIFTER D1 DESK LTA W DESK STYLE XL SUPERNOVA D1 DESK ■ WINGS W DESK ■ IMAGE 2020 DJ DESK ■ WAREHOUSE LIVE DJ DESK ar• G2 PARASOL WIGWAM 11 - 16M 63.5 PARASOL■ G3.5SILVER SOL ■ PARAGASTRONOMY ■ G3.5 PARASOL WIGWAM I - 13M Gyt ! ad r ARCH 400 ARCH 500 ARCH 800 ARCH 1000 MARKETING SUPPORT MARKETING SUPPORT F1 COLLABORATIONS Page 1237 of 1464 �1..•= � is tx I R A a I ► MARKETING SUPPORT RED BULL AIR FORCE Page 1239 of 1464 SUSTAINABILITY SUSTAINABILITY AT RED BULL WE USE MORE THAN 80% RENEWABLE ENERGY AND ARE EXPANDING THE USE CONTINUOUSLY. OUR CANS ARE MADE OF UP TO 100% RECYCLED ALUMINUM. RED BULL CANS THEMSELVES ARE 100% RECYCLABLE,. SECONDARY PACKAGING, SUCH AS THE CARTON AND FOIL, IS MADE UP OF UP TO 100% RECYCLED MATERIAL, AND IS 100% RECYCLABLE. Page 1241 of 1464 Yah Taurine. SFdy carbonated WHAT IS IN THE CAN? t I WHAT'S IN THE CAN? TAURINE An amino acid found naturally in the human body and involved in a wide range of biological processes. B -VITAMINS B -Vitamins play an important role in energy -yielding metabolism, such as the build up and breakdown of carbohydrates and proteins. Page 1243 of 1464 CAFFEINE Caffeine's primary site of action in the human body is the central nervous system where it stimulates cognitive functions. SUGAR Well known carbohydrates (basic nutrients) that are consumed in the daily diet. 450 400 350 W W 300 a 250 a 200 m 150 100 50 0 CAFFEINE CONTENT OF POPULAR BEVERAGES THE AMOUNT OF CAFFEINE IN A CAN OF RED BULL IS SIMILAR TO THE AMOUNT IN A HOME BREWED CUP OF COFFEE 415 330 400m9 FDA, Health Canada, EFSA's opinion on safe moderate daily consumption for healthy adults 210 200m9 FDA, Health Canada, EFSA's opinion on safe single serving for healthy adults 180 95 80 LARGE COFFEE HOUSE DRIP MEDIUM COffEE HOUSE DRIP ENERGY SHOT SMALL COFFEE HOUSE DRIP NOME -BREWED DRIP COFFEE RED BULL ENERGY DRINK 20 FL OZ 16 FL OZ 2 FL OZ B FL OZ 8 Fl OZ 8.4 Fl OZ http://ndb.nal.usda.gov/ndb/search/list?qlookup— 19902 Page 1244 of 1464 47 El BUCK TU 8 FL OZ 34 32 TYPICAL COLA ORGANICS BY RED BULL SIMPLY COU 12 FL OZ BFLOZ SUGAR CONTENT OF POPULAR BEVERAGES ONE CAN OF RED BULL CONTAINS ABOUT THE SAME AMOUNT OF SUGAR AS A GLASS OF APPLE JUICE 60 56 50 40 a 30 c� N 20 10 0 53 52 46 40 39 35 32 27 16 12 (RAN -GRAPE JUICE BLENDED FRUIT JUICE OTHER ENERGY DRINK DEWEY SODA COLA RED BULL ENERGY DRINK SPORTS DRINK VITAMIN ENHANCED WATER RED BULL ENERGY DRINK LIGHT SWEETENED TEA COCONUT WATER 1S.2 Ft OZ 16 FL Oz 16 FL OZ II FL OI 12 FL OZ 12 It OZ 20 FL OZ 20 FL 0Z 9.4 FL OZ 16 FO OZ II FL OZ Source: Source: Food Chemistry, H.A. Belitz, W. Grosch, P. Schieberle, third edition (2004), Springer -Verlag, Stiftung Warentest (7/2012), USDA Nutrient Database Page 1245 of 1464 TRUSTED THIRD PARTY CERTIFICATION Page 1246 of 1464 ...is an independent and accredited non- governmental organization whose mission is "to protect and improve global human health". RED BULL HAS BEEN NSF CERTIFIED FOR SPORT SINCE 2006. Red Bull is the first and only energy drink to have this certification. • For more information visit: www.nsfsport.com ENERGY CATEGORY PERFORMANCE $503 M ENERGY LEADS TOTAL BEVERAGE GROWTH YTD ENERGY UP A FULL $SHARE POINT OF TOTAL BEVERAGE MINTEL CATEGORY $GROWTH - MULO+C $ SHR CHANGE VS YA $314M $152 M t $140 M $105 M $89 M $33 M SPARKLING ENERGY CSD BOTTLED WATER WATER C=OFFEE ISOTONICS 1.0 - 0.3 0.2 0.0 -0.3 -0.1 -0.1 IURCE IRI MULO+C YTD W 5.19.2019 Page 1248 of 1464 RED BULL HOLDS 6/10 TOP ENERGY SUBBRANDS � ALL SRU AND PACKS SIZES ul G U#8 YTD 'ALES $392 MM $232 MM $118 MM $103 MM V WTD 99 95 97 DIST ,URCE: IRI Total US MULO+C YTD WK DATA ENDING 02-23-20 $47 MM $33 MM 79 Page 1249 of 1464 $32 MM $28 MM 79 r � �XE , E1 "fl G�j. TITIC N �Cocronut Be, ENERGY DRINK v. ,.i,... 6.* and � f 1 nsa r $26 MM $26 MM 80 75 RED BULL LARGEST SINGLE SERVE BRAND IN US MULO( cig RED BUIL DRIVING MOST % GROWTH MONSTER AND MTN DEW DECLINING TOP FIVE SINGLE SERVE BEVERAGE BRANDS - FY 2019 #1 #2 #3 #4 #5 wG,,)p �" Red t3u11 FAMILY GATORADE Q� ass $4.5 B $3.8 B $3.1 B $2.7 B $2.0 B +7.1% -1.0% +2.3% +3.9% -3.8% $ CHG +$93 M -$38 M +$70 M +$102 M JRCE: IN TOTAL US MULO+C YTD DATA ENDING 12.29.2019 Page 1250 of 1464