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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02286 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
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 ADVANTAGOUS 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 DEPARTMENT OF PUBLIC WORKS THAT FUEL MIAMI LLC., 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; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR BUS
BENCH DESIGN AND BUS SHELTER INSTALLATION AND MAINTENANCE,
(COLLECTIVELY THE "ORIGINAL AGREEMENT") WITH FUEL MIAMI LLC, AND
WITH FUEL OUTDOOR HOLDINGS, LLC, WHICH INCLUDES BUT IS NOT
LIMITED TO SUCH CONDITIONS.
WHEREAS, CITY and Sarmiento previously entered into that certain agreement for bus bench design
and bus shelter installation and maintenance (the "Original Agreement") for bus bench design and
bus shelter installation and maintenance on April 18, 2002. Said 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, 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, CITY has approved by
City Commission Resolution No. 06-0665 passed and adopted on November 9, 2006, the transfer of
a majority of shares of stock of Sarmiento to 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
Outdoor entered into an Assignment and Assumption Agreement regarding the Original Agreement,
the 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; and
WHEREAS, after a duly advertised public hearing on February 8, 2007, in accordance with
City of Miami Page 1 of 2 File Id: 06-02286 (Version: 1) Printed On: 7/16/2024
File Number: 06-02286
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 of the
City of Miami, Florida, as amended ("City Code") and pursuant to Section 337.408 of the Florida
Statutes, a municipality or county may authorize the installation, without public bid, of benches and
transit shelters together with advertising displayed thereon within the right-of-way limits of such roads,
the City is hereby authorized to enter into an Agreement with FUEL Miami, LLC., and FUEL Outdoor
Holdings, LLC., for bus bench and bus shelter design, installation and maintenance.
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 (4/5ths) 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 City Code, waiving the requirements for said
procedures, is ratified, approved and confirmed and the City's Department of Public Works'
recommendation and finding that Sarmiento Advertising Group, FUEL Miami, and FUEL'S parent
company, FUEL Outdoor Holdings, 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 of Miami, is
approved.
Section 3. The City Manager is authorized {1} to enter into an Agreement with FUEL Miami, LLC.,
and FUEL Outdoor Holdings, LLC.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor{2}.
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez
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.
City of Miami Page 2 of 2 File Id: 06-02286 (Version: 1) Printed On: 7/16/2024