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HomeMy WebLinkAboutR-93-0177J-93-133 2/12/93 RESOLUTION NO. 9 3 - 177 A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF BUSINESS WITH THE CITY FOR ANY CITY OFFICER, OFFICIAL, EMPLOYEE, OR MEMBER OF ANY BOARD, COMMISSION OR AGENCY OF THE CITY AS SUCH PROHIBITION APPLIES TO WILLY A. BERMELLO, A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD AND PRINCIPAL OF THE ARCHITECTURAL FIRM OF BERMELLO, AJAMIL & PARTNERS, PRIME CONSULTANT FOR THE NUMBER ONE RANKED TEAM RECOMMENDED BY THE COMPETITIVE SELECTION COMMITTEE FOR THE PLANNING AND DESIGN OF THE TOWER THEATER RENOVATION PROJECT. WHEREAS, on March 11, 1993, the City of Miami Commission will consider accepting the findings of the Consultant Competitive Selection Committee as to the most qualified teams, in rank order, to provide professional services for the design, preparation of construction documents and construction administration including the preparation of an operational program and management plan for the Tower Theater Renovation Project; and CITY COMUSSION MEETING OF MAR 1 1 W3 93- 177 WHEREAS, the City Commission will also consider authorizing and directing the City Manager to negotiate an agreement with Bermello, Ajamil & Partners, as the number one ranked team. In the event, that the City Manager cannot negotiate an agreement which, in his opinion, is fair, competitive and reasonable with the number one ranked team, then he is authorized to terminate such negotiations and proceed to negotiate with the second most qualified team and if necessary, to negotiate with the third ranked team; and WHEREAS, Section 2-302 of the Code of the City of Miami prohibits the transaction of business with the City for any officer, official or employee of the City or for any member of any board, commission or agency of the City; and WHEREAS, Section 2-304 of the Code of the City of Miami provides that the requirements of Section 2-302 of said code may be waived for a particular transaction by an affirmative vote of four fifths ( 4/5 ) of the members of the City Commission after a public hearing ; and WHEREAS, Willy A. Bermello, principal of Bermello, Ajamil & Partners is a member of the Urban Development Review Board and asks the City Commission to waive the prohibition against the transaction of business with the City, contained in Section 2-302 of the City Code as such prohibition may apply to this transaction; -2 93- 177 a 0 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. Section 2. The following findings are hereby made concerning the prohibition against the transaction of business with the City for any city officer, official, employee, or member of any board, commission or agency of the City as such prohibition may apply to Willy A. Bermello, a member of the Urban Development Review Board by a 4/5ths affirmative vote of the members of the City Commission, after a duly advertised public hearing; A. That Willy A. Bermello, of Bermello, Ajamil & Partners, did not participate personally or substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, in the matter that is set forth in Section 2. hereof, which is forthcoming before the City Commission. -3- 93- 177 ,/' N W B. That the transaction of business with Willy A. Bermello of Bermello, Ajamil & Partners as the team ranked first, in the matter that is set forth in Section 2. hereof, will not unduly or improperly influence the decision -making process of the members of the City Commission or any City board. C. That the agreement to be brought before the City Commission with Bermello, Ajamil & Partners will be in the best interest of the City since it will afford the City Commission the opportunity to authorize negotiations for an agreement that is fair, competitive and reasonable, for the planning, design and construction administration of the Tower Theater Renovation. Section 3. The prohibition against the transaction of business with the City for any City officer, official, employee, or member of any board, commission or agency of the City as such prohibition may apply to Willy A. Bermello, a member of the Urban Development Review Board and principal of the architectural firm of Bermello, Ajamil & Partners, with regard to the planning , design, construction administration and development of a operational program and management plan for the Tower Theater located at 1.506 S.W. B Street, Miami, Florida which matter is forthcoming before the City Commission, is hereby waived. 93- 177 Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth day of March 1993. ATTE AVIER L. SUARE , mayor NATTY HIRAI City Clerk = PREPARED AND APPROVED BY: -- r-i--A ABELLA -- Assistant City Attorney APPROVED AS TO FORM AND _ CORRECTNESS: - A QU JO E I f I City httor e - -5- 93- 177 _a - t 35 INTtiR-0FF1%E 44EMORANDiJM TO Honorable Mayor and Members of the City Commission FROM : Odio Cesar H. City Manager DATE : '' AR - 12 1993 FILE SMECT: Waiver of Code Section 2-302/Tower Theater Renovation Project REFERENCES : For City Commission Meeting of 3/11/93 ENCLOSURES: it is respectfully recommended that the City Commission, after a duly advertised public hearing, adopt by a 4/5th affirmative vote of its members, the attached Resolution waiving the prohibition against the transaction of business with a City officer, Official, employee, or member of any board, commission or agency as such prohibition applies to Willy A. Bermello who is serving as a member of the Urban Development Review Board and who is principal of the architectural firm of Bermello, Ajamil & Partners, the prime consultant for the number one ranked team recommended by the Competitive Selection Committee for the planning and design of the Tower Theater Renovation project. The Department of Development recommends the adoption of the proposed resolution so that an agreement may be negotiated and submitted to the City Commission for its approval in relation to the planning and design, construction administration and development of an operational program and management plan for the Tower Theater located at 1508 S.W. 8 Street in Little Havana, Miami, Florida. On March 11, 1993 the City of Miami Commission will consider adopting a resolution accepting the findings of the Competitive Selection Committee as to the most qualified teams in rank order, to provide professional services required for the renovation of the Tower Theater. Said resolution, if adopted, will further authorize the City Manager to negotiate an agreement with Bermello, Ajamil & Partners first, as it is the prime consultant of the number one ranked team. In the event that the City Manager cannot negotiate an agreement with Bermello, Ajamil & Partners which in his opinion is fair, competitive and reasonable, then he is authorized to terminate such negotiations and proceed to negotiate with the second most qualified team and if necessary, to negotiate with the third ranked team. Willy A. Bermello serves as a member of the Urban Development Review Board and is a principal of the firm of Bermello, Ajamil & Partners- 35-1 a Hon. Mayor and Members of the City Commission Page 2 0 Section 2-302 of the Code of the City of Miami, prohibits the transaction of business with the City for any officer, official or employee of the City or with any member of any board, commission or agency of the City. The requirements of Section 2- 302 may be waived as per Section 2-304 of said Code by a 4/5th affirmative vote of the members of the City Commission after a duly advertised public hearing. It is therefore requested that the City Commission adopt the attached Resolution at the duly advertised public hearing scheduled for March 11, 1993. Attachment: Proposed Resolution 93- 77