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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
File Number: 07-00288 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE
NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS
PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF
THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PUBLIC WORKS THAT
FUEL MIAMI, LLC., A DELAWARE LIMITED LIABILITY COMPANY ("FUEL") AND
FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, A DELAWARE
LIMITED LIABILITY COMPANY ("FUEL OUTDOOR"), IS THE MOST QUALIFIED
FIRM TO PROVIDE BUS BENCH AND BUS SHELTER DESIGN, INSTALLATION,
AND MAINTENANCE FOR USE BY THE GENERAL PUBLIC WITHIN THE CITY;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR BUS BENCH AND BUS
SHELTER DESIGN, INSTALLATION AND MAINTENANCE ("AGREEMENT"), WITH
FUEL AND WITH FUEL OUTDOOR, FOR A TWENTY (20) YEAR TERM, WITH
SUCH TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") and Sarmiento Advertising Group, LLC, a Florida limited
liability company ("Sarmiento") previously entered into that certain agreement for bus bench design
installation and maintenance (the "Original Agreement") for bus bench design installation and
maintenance on April 18, 2002, and the Original Agreement was subsequently amended on
September 18, 2002 ("Amendment 1"), and on February 27, 2003 ("Amendment 2"), and on April 10,
2003 ("Amendment 3"), and on July 20, 2004 ("Amendment 4"), (collectively referred to as
"Amendments"); and
WHEREAS, in addition to the Original Agreement and Amendments regarding bus benches, the
City and Sarmiento previously entered into a Professional Services Agreement ("PSA") on July 28,
2004, for the maintenance of City bus shelters; and
WHEREAS, in accordance with Paragraph 10.8 of the Original Agreement, the City has approved
by City Commission Resolution No. 06-0665, adopted November 9, 2006, the transfer of a majority of
shares of stock of Sarmiento to FUEL MIAMI, LLC, a Delaware limited liability company ("FUEL")
pursuant to the terms outlined in correspondence to the City Manager, dated October 29, 2006 and in
Resolution No. 06-0665; and
WHEREAS, in accordance with Resolution No. 06-0665, the City, Sarmiento, FUEL, and FUEL's
parent company FUEL Outdoor Holdings, LLC, a Delaware limited liability company ("FUEL Outdoor")
entered into an Assignment and Assumption Agreement regarding the Original Agreement, the
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File Number 07-00288
Amendments, and the PSA and the City Commission on January 11, 2007 approved by Resolution No.
07-0029, the final terms of such Assignment and Assumption Agreement which incorporate all
responsibilities, obligations and rights under the Original Agreement, the Amendments, and the PSA;
and
WHEREAS, after a duly advertised public hearing on February 8, 2007, in accordance with
Ordinance No. 12888, the City Commission repealed Sections 54-86 through 54-94 of the Code of the
City of Miami, as amended (the "Code"); and
WHEREAS, in connection with the public hearing required by Section 18-85 (a) of the Code and
pursuant to Section 337.408 of the Florida Statutes, a municipality or county may authorize the
installation, without public bid, of bus benches and transit shelters together with advertising displayed
thereon within the right-of-way limits of such roads, and the City Manager and the City's Public Works
Director have recommended authorizing the City to enter into an Agreement, in substantially the
attached form, with FUEL and FUEL Outdoor for bus bench and bus shelter design, installation and
maintenance;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2, By a four -fifths (415ths) affirmative vote, after an advertised public hearing, the City
Manager's recommendations and findings that competitive negotiation methods are not practicable or
advantageous pursuant to Section 18-85 (a) of the Code, waiving the requirements for said
procedures, is ratified, approved and confirmed and the City's Department of Public Works'
recommendation and finding that FUEL and FUEL'S parent company, FUEL Outdoor, is the most
qualified firm to provide bus bench and bus shelter design, installation, and maintenance for use by
the general public within the City, is approved.
Section 3. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, with FUEL and FUEL Outdoor for a twenty (20) year term, with such terms and
conditions as set forth in said Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor{2}.
APPROVED AS TO FORM AND C
JORC L. ERNANDEZ (,fv,
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CIO' of Miami
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File Number. 07-00288
Footnotes:
{1} The herein authorization 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.
{2} 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.
City of Miami
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