HomeMy WebLinkAboutR-97-0697J-97-714
10/3/97
RESOLUTION NO. 9 7` 697
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 CITY OF MIAMI WATERFRONT ADVISORY BOARD, IN
RELATION TO HIS FIRM PROVIDING CONSTRUCTION
SERVICES FOR FURNISHING AND INSTALLING A FLOATING
DOCK AT MIAMARINA AS PART OF THE MIAMARINA
RESTORATION PROJECT.
WHEREAS, Richard A. Bunnell is currently serving as a member of the City of Miami
Waterfront Board and is President of the construction firm of Bunnell Foundation, Inc.; and
WHEREAS, the City Commission adopted Resolution No. 97-512 at their July 24,
1997 Commission meeting authorizing the City Manager to seek informal bids and award a
contract to the lowest responsive and responsible bidder for the acquisition and installation
of a floating dock at Miamarina; and
WHEREAS, Richard A. Bunnell's firm, Bunnell Foundation, Inc., is the lowest
responsive and responsible bidder and is seeking to provide construction services to the City
of Miami for furnishing and installing a 100 foot floating dock at Miamarina as part of the
Miamarina Restoration Project;
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.
CITY COMMISSION
MEETING OF
0 CT 14 1997
Resolution No.
��- 697
Section 2. The waiver set forth in Section 3 hereof is based upon the recitals
and findings contained in Section 1 hereof and upon the following findings:
a) The City of Miami desires to retain Bunnell Foundation, Inc. as its contractor
as such is qualified to provide construction services to the City of Miami for the
furnishing and installation of a floating dock at Miamarina, which relationship of its
President, Richard A. Bunnell, 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 Miamarina 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 14th day of October , 1993.
CITY.
PREPARED AND APPROV D BY:
LINDA KELLY KEARS N
ASSISTANT CITY ATTORNEY
W1924:CSK:LKK
OE CAROLLQ/MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
A QuAN JO S I I
CITY ATTOR E
97- 697
i
TO
FROM
0,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Edward Marqu
City Manager
RECOMMENDATION
46
3
DATE : OCT 2
SUBJECT : Waiver of The Conflict of
Interest Prohibition in the
City Code Section 2-612
REFERENCES:
ENCLOSURES:
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..
The City Commission adopted Resolution No. 97-512 at their July 24, 1997
Commission meeting authorizing the City Manager to seek informal bids and
award a contract to the lowest and responsible bidder for the acquisition and
installation of a floating dock at Miamarina. On September 11, 1997, the City of
Miami received a bid proposal from Bunnell Foundation, Inc. inthe amount of
$94,000 including a $7500 contingency to furnish and install a 100 foot floating
dock with handicap compliant gangway and fire protection. Bunnell Foundation's,
proposal was the lowest responsible and responsible bid and was $32,425 below
the next lowest bidder.
Asa marine subcontractor Bunnell Foundation recently completed two (2) floating
dock marinas for Metropolitan Dade County at Crandon Park Marina and Matheson
Hammock Marina. This firm has also done marine work previously for the City,
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
construct a floating dock facility. 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 4/5t" 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 Director of the Department of Public works recommends that the City
Commission approve this waiver for Mr. Bunnell in order for his firm, Bunnell
Foundation Inc., to perform floating dock work as a marine contractor on the
proposed contract with the City for the Miamarina Floating Dock CIP Project No.
413403.
97-. 697
CITY OF WAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Walter J. Foeman
City Clerk
FROM James J. Kay, nteri irector
Public Works Department
DATE : September 15, 1997
SUBJECT : Request to Publish Notice
of Public Hearing to
Discuss a Waiver of Conflict
of Interest Prohibition
REFERENCES:
ENCLOSURES Advertisement
FILE .
Please make arrangements to publish a Notice of Public Hearing for discussion
pertaining to DISCUSSION OF THE WAIVER OF THE CONFLICT OF INTEREST PROHIBITION
- CITY CODE SECTION 2-612 - AS IT APPLIES TO RICHARD BUNNELL.
The Public Hearing has been scheduled for October 14, 1997
Please charge to index code: 310201-287
APPROVE
Elvi G. Alonso
Agenda Coordinator
AIP/m
CC: Construction
Cost Analysis
Allan I. Poms
Central
3
9 7- 697
NOTICE TO THE PUBLIC
CITY OF MIAMI, FLORIDA
PLEASE ALL TAKE NOTICE THAT a public hearing will be held by the City Commission
of the City of Miami, Florida, on October 14, 1997, at 9:00 a.m. , in the City
Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, to
discuss a waiver of the conflict of interest prohibition contained in City of Miami
Code Section 2-612, which prohibits every officer, official and employee of the
City, including every member of any board, commission or agency of the City from
entering into contract or transact any business with the City. Such prohibition
applies to Richard Bunnell, a member of the City of Miami Waterfront Advisory
Board and the president of Bunnell Foundation, Inc. Bunnell Foundation
submitted the lowest responsible and responsible bid on a proposed floating
dock at Miamarina, CIP Project No. 413403 and is seeking a waiver in order to enter
into a construction contract with the City of Miami.
All interested persons are invited to appear and may be heard concerning such
waiver. Should any person desired to appeal any decision of the City Commission
with respect to any matter considered at this hearing, that person shall ensure
that a verbatim record of the proceedings is made, including all testimony and
evident upon which any appeal may be based.
(CITY SEAL)
WALTER J. FOEMAN
CITY CLERK
97- 697
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