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HomeMy WebLinkAboutR-15-0042City of Miami Legislation Resolution: R-15-0042 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00150 Final Action Date: 2/12/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, CONFIRMING, APPROVING AND RATIFYING THE CITY MANAGER'S FINDINGS AND RECOMMENDATIONS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE PLACEMENT, REPLACEMENT, REPAIR, RELOCATION MAINTENANCE AND UPKEEP OF THE EXISTING AND FUTURE STARS OF CALLE OCHO; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE KIWANIS OF LITTLE HAVANA FOUNDATION, INC. (KIWANIS), A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE PROVISION OF SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL CONTRACT PERIOD OF FIVE (5) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE NOT -FOR -PROFIT. WHEREAS, entertainment professionals in motion pictures, television, live theater, arts, radio, and recording are honored with marble plaques ("Stars") located within the dedicated public right-of-way of Southwest Eighth Street from Southwest Twelfth Avenue to Southwest Twenty -Seventh Avenue ("sidewalk area"); and WHEREAS, the sidewalk area and its maintenance are under the jurisdiction of the Florida Department of Transportation and the City of Miami ("City"); and WHEREAS, the Kiwanis of Little Havana Foundation, Inc. ("Kiwanis"), a Florida not -for -profit corporation, has requested permission from the City for the placement, replacement, repair, relocation, maintenance and upkeep of the existing and future Stars and the contiguous sidewalk area; and WHEREAS, the Office of the City Manager ("Manager") has determined that it is not practicable and advantageous to the City to adhere to competitive sealed bidding methods for the provision of said services; and WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended, ("City Code") the Manager has waived competitive sealed bidding methods with findings supporting that determination and conclusion; and WHEREAS, said conclusion must be confirmed, approved and ratified by the Miami City City of Miami Page 1 of 2 File Id: 15-00150 (Version: 1) Printed On: 1/31/2018 File Number: 15-00150 Enactment Number: R-15-0042 Commission ("Commission") by a four -fifths (4/5ths) affirmative vote during an advertised public hearing; 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 fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Manager's findings and recommendations, pursuant to Section 18-85 of the City Code, are confirmed, approved and ratified, the requirements for competitive sealed bidding methods are waived as not practicable or advantageous to the City for the placement, replacement, repair, relocation, maintenance and upkeep of the existing and future Stars and the contiguous sidewalk area located within the dedicated public right-of-way of Southwest Eighth Street from Southwest Twelfth Avenue to Southwest Twenty -Seventh Avenue, and the award of a contract for said services to the Kiwanis of Little Havana Foundation, Inc. a Florida not -for -profit corporation ("Kiwanis"), for the initial contract period of five (5) years with the option to renew for one (1) additional contract period of five (5) years, is approved, with funds allocated from the Kiwanis. Section 3. The Manager is authorized {1} to execute an agreement, in substantially the attached form, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} 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 (10) 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: 15-00150 (Version: 1) Printed On: 1/31/2018