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Resa1Ution
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Miami, FL 33133
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File Number: 08-00156A Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST
OF THE CITY OF MIAMI ("CITY") 70 WAIVE THE REQUIREMENTS FOR
COMPETITIVE BID PROCEDURES PROVIDED IN THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED (THE "CODE") IN SECTIONS 18-85, 18-87, 18-90
AND UNDER FLORIDA STATUTES SECTION 287.055; AUTHORIZING AN
INCREASE IN THE AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED
ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($145,000) TO THE
PREVIOUSLY AUTHORIZED AMOUNT OF SEVEN HUNDRED AND SEVENTY
FIVE THOUSAND DOLLARS ($775,000) FOR THE NEGOTIATED
PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH EDWARD D.
STONE, JR. AND ASSOCIATES, INC. D/B/A EDSA FOR WORK REQUIRED FOR
MASTER PLANNING SERVICES FOR THE VIRGINIA KEY PROJECT AND FOR
PLANNING ALTERNATIVES FOR THE HISTORIC VIRGINIA KEY BEACH PARK
LAND AREA AND PROPOSED MUSEUM, INCREASING THE NEW TOTAL
AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED NINE HUNDRED AND
TWENTY THOUSAND DOLLARS ($920,000), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE AND TO
REINSTATE, EXTEND, CONTINUE AND AMEND THE AGREEMENT THROUGH
SEPTEMBER 30, 2008, WITH FUNDING TO BE APPROPRIATED FROM
PLANNING ACCOUNT NO. 00001.351000.531000.0000.
WHEREAS, the City of Miami ("City") recognizes the key role of parks in providing educational,
cultural, recreational, and other well-being programs to our citizens and visitors and in enhancing the
quality of life of our citizens; and
WHEREAS, pursuant to Resolution No. 05-0606, adopted January 13, 2005, the City Commission
authorized the City Manager to execute a negotiated Professional Services Agreement ("Agreement")
for an authorized amount not to exceed Seven Hundred and Seventy Five Thousand Dollars
($775,000) with the firm of Edward D. Stone, Jr. and Associates, Inc. d/b/a EDSA to provide a Master
Plan for Virginia Key ("Plan") pursuant to Request for Qualifications No. 03-04-028 (the "RFQ") ; and
WHEREAS, the RFQ contemplated master planning services in relation to aII of Virginia Key, but
the Agreement was originally for only an eighteen (18) month term and did not include the depth of
additional services subsequently directed by the City Commission in relation to the synergy between
Historic Virginia Key Beach Park, the proposed Museum and the rest of Virginia Key; and
WHEREAS, additional services are necessary to complete the greater Virginia Key Master Plan
and to examine planning alternatives to develop a "critical mass" of potential park development for the
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File Number: 08-00156A
Historic Virginia Key Beach Park land areas and the viability of success for the proposed Museum in
the Historic Virginia Key Beach Park which require the authorized amount to be increased by an
amount nc1 lc E> teed One Hundred and Forty -Five Thousand Dollars (E 145 000) to 2 new total
2uthoii2ed amount not to e>ceed Nine Hundred and lwenty Thousand Dollars (S920.000): and
WHEREAS, procurement procedures normally utilized to secure these types of services require
significant time, from 6 to 8 months to complete, thereby compounding the delay further hampering the
City's ability to proceed with completing the overall Virginia Key Master Plan for the benefit of the
community; and
WHEREAS, the Administration has made an emergency finding and determined that due to the
significant time required to complete a competitive bid process the most expeditious methods to
implement the additional planning services and viability study for the Virginia Key Master Plan and the
Historic Virginia Key Beach Park land and proposed Museum and its overall relational impact and
synergy with the rest of Virginia Key is to amend the existing Agreement to include such additional
services pursuant to Sections 18-85, 18-87, and 18-90 of the Code of the City of Miami, as amended
(the "Code") and Section 287.055, Florida Statutes, known as the Consultant's Competitive
Negotiations Act ("CCNA"); and
WHEREAS, the City Manager has made a written finding of a valid public emergency attached
hereto and incorporated by reference, to the effect that, among other things, further delays required
for competitive procurement and award of contract for the additional services jeopardizes the City's
ability to complete the planning efforts in a timely and efficient manner and creates undue hardship on
the public welfare, thus it is in the best interest of the public and appropriately justified to waive the
requirements for competitive procurement procedures of the Code's Chapter 18 (Procurement
Ordinance) and to make the emergency finding under CCNA Section 287.055, Florida Statutes, for the
selection of EDSA for the additional services relating to the Virginia Key Master Plan and Historic
Virginia Key Beach Park land and proposed Museum; and
WHEREAS, said finding of the City Manager has been duly considered and adopted by the City
Commission; and
WHEREAS, this matter is being considered at a duly advertised public hearing and the City
Commission has considered the CCNA Section 287.055, Florida Statutes, and Sections 18-85, 18-87,
and 18-90 of the Code, which are each deemed as being incorporated by reference herein as though
set forth in full, and which sets forth the criteria for the aforementioned emergency finding and waiver
of competitive processes; and
WHEREAS, the procedures required by the CCNA Section 287.055, Florida Statutes, may be
waived if there is a finding of a valid public emergency by the agency head; and
WHEREAS, the City Manager is considered the agency head for the City and the City is complying
with the aforementioned laws and procedures, and
WHEREAS, the City Manager is authorized to execute an Amendment No. 1 to the Agreement,
in substantially the attached form, for said purpose and to reinstate, extend, continue, and amend the
Agreement accordingly through September 30, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
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File Number: 08-00156A
FLORIDA:
Section 1. 1 he recital: Eric lindiripF Contained in the Preamble to this ReFolulicn are adopted by
reference Eric incorpciaied a: It full lei 1orth in this: Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after a duly noticed public hearing, the City
Manager's finding of an emergency that it is in the best interest of the City to waive the requirements
for competitive bidding procedures, provided in Sections 18-86, 18-87 and 18-90 of the Code and
under Florida Statues Section 287.055 is ratified, approved, and confirmed and an increase in an
authorized amount not to exceed One Hundred and Forty -Five Thousand Dollars ($145,000) to the
previously authorized amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) for
the negotiated Agreement with EDSA. for work required for master planning services for the Virginia
Key project and for planning alternatives for the Historic Virginia Key Beach Park land area and the
proposed Museum is authorized increasing the new total authorized Agreement amount not to exceed
Nine Hundred and Twenty Thousand Dollars ($920,000).
Section 3. The City Manager is authorized {1} to execute an Amendment No. 1 to the Agreement,
in substantially the attached form, for said purpose and to reinstate, extend, continue and amend the
Agreement through September 30, 2008, with funding to be appropriated from Planning Account No.
00001.351000.531000.0000.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor{2}.
APPROVED AS TO FORM AND CORRECTNESS:
MARIA J. CHIARO I`
INTERIM CITY ATTORNEY
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.
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