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Home My WebLink AboutR-00-0138J-00-93 2/1/00 RESOLUTION NO. C A RESOLUTION OF THE MIAMI CITY COMMISSION STANDARDIZING THE METHODS AND RATES FOR THE SALE OF FILL MATERIAL FROM THE VIRGINIA .KEY STOCKPILE AND FOR THE SALE OF SAID MATERIAL AT PREVAILING MARKET RATES AND FOR IN-KIND CONTRIBUTIONS FOR THE BENEFIT OF THE PUBLIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ACCORDANCE WITH THE APPROVED METHODS FOR THE SALE OF SAID FILL. WHEREAS, the City of .Miami has available a' supply of clean dredged fill material at its Virginia Key stockpile generated from the dredging of the Outer Bay Cut and the Government Cut channels and the Fisher Island turning basin; and WHEREAS, various contractors have approached the City and seek to purchase varying quantities of the fill material at prevailing market rates or in exchange for in-kind contribution to benefit the public; and WHEREAS, Resolution No. 93-751, adopted on November 23, 1993, previously authorized similar purchase .conditions for the sale of fill; and CITY COMUSSION KEETING OF FEB 10 2000 Resolution N 138ou WHEREAS, the City Attorney's Office has interpreted Resolution No. 93-751 to require that a formal bid be issued and submitted to the public at large to establish the sell price when the prevailing market rates are not within the range defined within Resolution No. 93-751; and WHEREAS, engaging in a formal bid process for each sale will not allow for the City to deliver fill within the time constraints of interested buyers; NOW, THERFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth 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. The sale of fill material from the Virginia Key stockpile is hereby authorized subject to the following conditions: Page 2 of 4 0 1 0 a. The buyers shall pay the prevailing market rate or an in-kind contribution of commensurate value for the benefit of the public as may be determined by the City Manager. b. Prevailing market rate will be established based upon comparable research. C. The buyers shall pay all costs associated with any required testing of fill material and any other expenses including transportation costs. d. The buyers shall -indemnify and hold the City of Miami harmless from any liability it may incur related to the authorization hereby granted. Section 3. The City Manager is hereby authorizedl� to execute the necessary documents, in a form acceptable to the City Attorney, to effectuate the sale of fill material. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ �i The authorization herein is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 ' ' k - PASSED AND ADOPTED this 10th day of February 1 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approv, I of this legislation by signing it in the dasiggnaad p!acp. provided, ma-jj* lecomes effective with the elapse of ten (10)) d1gs frol-, ns date of �Dornjj- jaQgrding same, without the Mayor exercising6vl(je� ^ a A I TTEST: wftltetJ.�F7Rw,,$ity Clerk WALTER J. FOEMAN CITY CLERK - AN CW.ADW-VILARELLO TTORNEY 102:RCL:hdb ORRECTNESS& Page 4 of 4 00— ioas 00 21 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE : �`1 �! 4 FILE: O;the City ommission SUBJECT: Sale of Fill Material FROM: - - REFERENCES: Donald H. Warshaw City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution to allow for the sale of surplus fill material through an informal process that would include polling other local vendors to establish a market price for the sale of fill to an interested party. BACKGROUND: Although an authorizing resolution from 1993 has allowed the Administration to sell surplus fill material from Virginia Key, the City Attorney's Office has interpreted the resolution to require that the Administration issue a formal bid before contracting with any parry for the purchase of fill. Further, if the proposed purchase price does not fall within the range defined within the authorizing resolution, the Administration must poll local, competing vendors to establish the market price. This process is extremely time-consuming and has, thereby, caused the City to lose several interested purchasers who are unwilling to endure the several weeks that would be necessary if new legislation is not instituted. Thus, the Administration is proposing to dispense with the costly and timely formal bid process and establish price through the informal polling of providers alone. This methodology would allow for a process that could continue in perpetuity without sacrificing the City's potential revenue in any sale. F .. /ul M1 00` x.138 J-93-898 12/23/93 TEL Jan 02'01 93- 751 RESOLUTION NO. 18:37 No.012 P.01 A RESOLUTION STANDARDIZING THE METHODS AND VATES FOR THE SALE OF FILL MATERIAL FROM THE VIRGINIA KEY STOCKPILE AND FOR THE SALE OF SAID MATERIAL AT PREVAILING MARKET RATES AND/OR FOR IN-KIND CONTRIBUTIONS FOR THE BENEFIT OF TIM PUBLIC; AUTHORIZING THE CITY MANAGER TO BXECUTS TUB NECESSARY DOCUMENTS. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ACCORDANCE WITH THE APPROVED METHODS FOR THE SALE OF SAID FILL. WHEREAS, the City of Miami has available at its Virginia Key Stockpile a supply of clean dredged fill material generated from the dredging of the Outer Bar Cut and the Government Cut channels and the Fisher Island turning basin; and WHEREAS, various oontraotors have approached the City and are desirous of purchasing varying quantities of said fill material at prevailing market rates axed/or in exohange for in�-kind oontributions whioh will greatly benefit the publio WHEREAS, City staff has researched market oomparables for the sale of olean top soil or sand and has found the present market rate to range between $2.39 per cublo yard wholesale, to $4.88 per oubio yard retail.; CITY CONMSSM 39EETING OF NOV 2 3 1993 n wh'Aw IOa stn I+i_� 1 � - TEL: Jan 021 18:37 No.012 P.02 NOW, THEREFORE, BE IT RESOLVE13Bpi THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The reoitals and findings set forth in the Preamble to this. Resolution are hereby adopted by referenoe thereto and inoorporated herein as if fully get forth in this Section.. Beotion, 2'. The .sale of fill - material from the Virginia Key sstookpIle is, hereby authorized subjeot to the following oonditions: a. The buyers Shall pay the prevailing market rate based upon oomparable researoh, . and/or an in-kind contribution for the benefit of the public whioh Shall be determined by the City Manager. b. The buyers shall.pay.all oosts assooiated with any required testing of fill material and any other expenses inoluding transportation posts o. The buyers shall indemnify and hold the City of Miami harmless from ' any liability it may hour related to the authorization hereby granted. Seotion 3. The City Manager IS. hereby authorized/ to exeou�e the neoessary doouments, in a form aooeptable to the City Attorney, to effectuate sale of fill material. The herein -authorization i8 further Subjeot.to complianoe with all requirements that may be imposed by the City Attorney, including but not limited to those pre>soribed .by applioable City Charter and Code provisions. -2- TEL: lou Seoti.on 4. Jan 02'01 0 18:38 No . 012 P-03 Thig Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 2.3rcl day of November 1993. ST8 HSN P. C MAYOR A S TTY HIRAI CITY CLERK PREPARED AND APPROVED BY: L;?� /Y� IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: a All AZQUZU J049V. III CITY AT'I`O INA: 013k 3i -3_ 0,0—