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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3776 Date: 03/02/2018 Commission Meeting Date: 04/12/2018 Requesting Department: Off -Street Parking Board/Miami Parking Authority Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize MOU - Miami Parking and Skate Free, Inc. Purpose of Item: To authorize the City Manager to enter into a Memorandum of Understanding ("MOU"), in substantially the attached form, with the Department of Off -Street Parking d/b/a Miami Parking Authority, and Skate Free, Inc., to fund a portion of a project to be developed in District 2 known as "Skate Plaza", in the amount not to exceed Six Hundred Thousand Dollars ($600,000.00) to be expended in accordance with the terms of the MOU, to convert a parking lot area (known as Lot 11) into a mixed -use skate park and green space. Background of Item: The Miami Parking Authority ("MPA") is authorized by the Florida Department of Transportation ("FDOT") to sublease Lot 11 to a third party for use as a public skateboard facility and park. The City, Skate Free, and the MPA desire to convert Lot 11 into a mixed -use skate park with green space, of approximately 30,000 square feet. The project is expected to cost One Million Two Hundred Thousand Dollars ($1,200,000.00). On April 28, 2016, the City Commission authorized the City to contribute Six Hundred Thousand Dollars ($600,000.00) for the partial funding of the project. Skate Free will also contribute Six Hundred Thousand Dollars ($600,000.00) and cover all other costs associated with any additional expenses beyond the City's contribution. The Chief Executive Officer of the MPA shall have the authority to disperse the City's Contribution in accordance with the terms of the MOU. The City desires to enter into an MOU, in substantially the attached form, to effectuate the construction and development of the Skate Plaza project on Lot 11. Budget Impact Analysis Total Fiscal Impact: City's Contribution (previously funded) - $600,000.00 Skate Free, Inc.'s contribution - $600,000.00 Total Fiscal Impact - $600,000.00 (for City's contribution only). Total approximate cost of project is $1,200,000.00. Reviewed B Off -Street Parking Board/Miami Parking Authority Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk 03/06/2018 3:10 PM Lai -wan McGinnis Christopher M Rose Nzeribe Ihekwaba Nzeribe Ihekwaba Valentin J Alvarez Pablo Velez Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Roland Galdos Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 03/07/2018 12:35 PM 03/07/2018 1:21 PM 03/07/2018 1:22 PM 03/07/2018 1:24 PM 03/14/2018 11:16 AM 03/27/2018 12:14 PM 03/28/2018 10:51 AM 04/03/2018 1:32 PM 04/12/2018 9:00 AM 04/19/2018 6:24 PM 04/19/2018 6:44 PM 04/19/2018 6:45 PM City of Miami Legislation Resolution Enactment Number: R-18-0143 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3776 Final Action Date:4/12/2018 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 FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING D/B/A MIAMI PARKING AUTHORITY AND SKATE FREE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO FUND A PORTION OF THE SKATE PLAZA PROJECT IN DISTRICT 2 IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000.00) TO BE EXPENDED IN ACCORDANCE WITH THE TERMS OF THE MOU TO CONVERT A PARKING LOT AREA INTO A MIXED -USE SKATE PARK AND GREEN SPACE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the Department of Off -Street Parking d/b/a Miami Parking Authority ("MPA") leases from the Florida Department of Transportation ("FDOT") certain real property located under the right-of-way of Interstate Highway System 1-95 ("Lot 11"); and WHEREAS, the MPA is authorized by FDOT to sublease Lot 11 to a third party for use as a public skateboard facility and park; and WHEREAS, Skate Free, Inc., a Florida not -for -profit corporation ("Skate Free"), has envisioned a project where Lot 11 will be converted into a mixed -use skate park and green space totaling approximately 30,000 square feet ("Skate Plaza Project") at an approximate total cost of construction of One Million Two Hundred Thousand Dollars ($1,200,000.00); and WHEREAS, on April 28, 2016, the City Commission authorized the City of Miami ("City") to fund a portion of the Skate Plaza Project in an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) for the partial funding of the Skate Plaza; and WHEREAS, Skate Free will also contribute Six Hundred Thousand Dollars ($600,000.00) for the funding of the Skate Plaza and will cover all other costs associated with any additional expenses beyond the City's contribution; and WHEREAS, the Chief Executive Officer of the MPA shall have the authority to disperse the City's contribution in accordance with the terms and payment schedule of the Memorandum of Understanding ("MOU"), attached and incorporated as Exhibit "A"; and WHEREAS, the Chief Procurement Officer has made a written recommendation to the City Manager , and in reliance thereon the City Manager has made a written finding, attached and incorporated as Attachment "A," pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive bidding is not practicable or advantageous for the City in this instance; and Whereas the finding of the City Manager must be ratified by four -fifths of the City Commission or a unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension or physical incapacitation after a properly advertised public hearing; and WHEREAS, the City desires to enter into the MOU, in substantially the attached form, with the MPA and Skate Free to effectuate the construction and development of Skate Plaza on Lot 11; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found 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 Manger's finding, attached and incorporated as Attachment "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the City Code, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 3. The City Manager is authorized' to enter into a MOU, in substantially the attached form, with the MPA and Skate Free to fund a portion of the Skate Plaza Project located in District 2 in an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) to be expended in accordance with the terms of the MOU to convert a parking lot area into a Skate Park and Green Space. Section 4. The City Manager is authorized' to negotiate and execute any and all documents, in conformity with this Resolution, in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 City 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. APPROVED AS TO FORM AND CORRECTNESS: