HomeMy WebLinkAboutR-97-0640J-97- 638
9/15/97
RESOLUTION NO. 9 7` 640
A RESOLUTION, WAIVING BY AN AFFIRMATIVE FOUR -
FIFTHS (4/5THS) VOTE OF THE MEMBERS OF THE CITY
COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN
SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AS SUCH APPLIES TO
RICHARD A. BUNNELL, WHO SERVES ON THE MIAMI
WATERFRONT BOARD, IN RELATION TO HIS PROVIDING
CONSTRUCTION SERVICES FOR THE REPAIR AND
REHABILITATION OF THE DINNER KEY MARINA AS A
RESULT OF DAMAGES SUSTAINED BY HURRICANE
ANDREW.
WHEREAS, Richard A. Bunnell is currently serving as a member of the Miami Waterfront
Board and is President of the construction firm of Bunnell Foundation, Inc.; and
WHEREAS, the construction firm Cone Construction, Inc., with Bunnell Foundation, Inc.
As its pile driving subcontractor, is seeking to provide construction services to the City of Miami
for the repair and rehabilitation of the Dinner Key Marina as a result of damages sustained by
Hurricane Andrew;
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.
SEP 2 3 M7
Resolution No.
•
Section 2. The waiver set forth in Section 3 hereof is based upon the recitals and
findings contained in Section I hereof and upon the following findings:
(a) The City of Miami desires to retain the construction firms of Cone
Constructors, Inc., with Bunnell Foundation, Inc. as its subcontractor, as
such firms are qualified to provide construction services to the City of Miami
for the repair and rehabilitation of the Dinner Key Marina, which relationship
would be in violation of Section 2-612 of the Code of the City of Miami,
Florida, as amended (the "City Code"), were there not a waiver of the
prohibition contained in said Section 2-612.
(b) The herein proposed transaction will be in the best interest of the City of
Miami in rehabilitating the Dinner Key Marina Facility.
Section 3. The prohibition contained in Section 2-612 of the City Code is hereby
waived by an affirmative four -fifths (4/5ths) vote of the City Commission, after a duly advertised
public hearing.
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this '2 3 rd
ATTEST-
WALTE MM
CITY CLERK
PREPARED AND APPROVED BY:
INDA KELLY KEAR
ASSISTANT CITY ATTORNEY
LKK/pb/bss/W 1861
day of September , 1997.
APPROVED AS TO FORM AND
CORRECTNESS:
1 11 Wa N, "s #A,
. •.11
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-2-
9'7- 60
CITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM
K
TO : Honorable Mayor and Members DATE : SEP 1 6
of the City Commission
SUBJECT : Waiver of The Conflict of
Interest Prohibition in the
City Code
FROM Edward �ar . uez REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION
FILE :
It is respectfully recommended that the City Commission adopt the attached
resolution waiving the prohibition contained in City Code Section 2-612 against a
conflict of interest in the transaction of any business with the City by a member of
a City Board as such prohibition applies to Richard Bunnell.
BACKGROUND
Mr. Richard Bunnell is currently serving as a member of the City of Miami
Waterfront Advisory Board and is President of Bunnell Foundation, Inc., a firm that
specializes in marine and foundation contracting work.
on February 2, 1997, the City of Miami received a bid proposal from Cone
Constructors, Inc. in the amount of $2,301,500 to construct new docks, seawall, and
related upland improvements to replace the facilities destroyed by Hurricane
Andrew at the old Merrill Stevens site, now known as the Dinner Key Boatyard,
2640 South Bayshore Drive, Miami, Florida. In their proposal, Cone Constructors
named Bunnell Foundation, Inc. as their pile driving subcontractor.
Bunnell Foundation has done work for the City previously both as a prime
contractor and as a subcontractor and the Department of Public Works has no
objections to the qualifications and the experience of this firm to do marine pile
driving work. However, as a member of the City's Waterfront Advisory Board, Mr.
Bunnell comes under the provisions of City Code Section 2-612 which requires a
4/5th affirmative vote of the members of the City Commission, after a duly
advertised public hearing, to waive the conflict of interest provision for this
Section of the Code for Bunnell Foundation to transact business with the City.
The Interim Director of the Departrr
Commission approve this waiver fc
Foundation, to perform pile driving
contractor, Cone Constructors, Inc., I
Dinner Key Boatyard - Marina Docks K
t of Public works recommends that the City
Mr. Bunnell in order for his firm, Bunnell
ark as a subcontractor to the prime marine
the proposed contract with the City for the
ject CIP Nos. 418001 and 418406.
qP
97 - 640