Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7392 Date: 04/13/2020 Commission Meeting Date: 04/23/2020 Type: Resolution Subject: Bid Waiver - Emergency Kiosks Purpose of Item: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All A Resolution of the Miami Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A", pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") for the provision of information and emergency kiosks, with IKE Smart City, LLC (IKE Smart City"), as approved by the City Commission; authorizing the City Manager to negotiate and execute an agreement between the City and IKE Smart City, in substantially the attached form; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: The City of Miami ("City'), is a major port city which leads in finance, commerce, culture, media, innovation, entertainment, the arts, and international trade categories. The City's current population is approximately 467,085, with millions of visitors that transit through the City. It is in the best interest of the City to access a contract in which the provider manufactures, installs, operates and maintains ADA compliant Kiosks in the public right-of-way, principally on sidewalks and other public areas. It is the desire of the City that the kiosks not only help to improve the experience of its visitors and residents, but also pique the curiosity of the residents and visitors by encouraging sustainability through promotion of awareness, understanding and adapting to a paper free City. The Kiosks will provide, but not limited to, the following: 1. Information on transit options; 2. Wayfinding information to landmarks, museums, restaurants, retail stores and other small businesses; 3. Information on local events; 4. Serve as a dissemination point for City messages including emergencies; 5. Serve as a surveying tool to solicit feedback from residents and visitors; 6. Generate revenue through advertising; 7. Provide free Wireless Fidelity ("Wi-Fi"); and 8. Free emergency 911 calls/ fitted with light to signal emergency. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: <Insert Account information Here> Reviewed B Department of Procurement Annie Perez Office of Management and Budget Carolina Aguila Office of Management and Budget Denise Lee Office of Management and Budget Christopher M Rose Office of Resilience and Sustainability Review Completed 04/14/2020 7:02 PM City Manager's Office Sandra Bridgeman Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Department Head Review Budget Analyst Review Budget Analyst Review Budget Review Alan M. Dodd Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Rendered Completed Skipped Skipped Completed Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed with Modification(s) Completed 04/13/2020 1:50 PM 04/14/2020 5:21 PM 04/14/2020 8:43 AM 04/14/2020 5:28 PM 04/14/2020 7:29 PM 04/14/2020 7:49 PM 04/14/2020 8:37 PM 04/14/2020 9:21 PM 04/14/2020 9:30 PM 04/14/2020 9:37 PM 04/23/2020 9:00 AM 05/01/2020 1:50 PM 05/01/2020 2:39 PM 05/01/2020 3:22 PM Completed 06/16/2020 9:36 AM City of Miami Legislation Resolution Enactment Number: R-20-0119 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7392 Final Action Date:4/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE'); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF INFORMATION AND EMERGENCY KIOSKS WITH IKE SMART CITY, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("IKE"), FOR AN INITIAL TERM OF SEVEN (7) YEARS, A FIRST RENEWAL TERM OF ANOTHER SEVEN (7) YEARS, AND A SECOND AND FINAL RENEWAL TERM OF SIX (6) YEARS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE AGREEMENT BETWEEN THE CITY AND IKE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City Manager has determined that it is not practicable or advantageous for the City of Miami ("City") to adhere to competitive sealed bidding methods for the provision of information and emergency kiosks and, therefore, seeks a bid waiver for such requirements; and WHEREAS, the City is not just a major port city which leads in finance, commerce, culture, media, innovation, entertainment, the arts, and international trade categories, but also has a current population of approximately 467,085 residents and millions of daily visitors; and WHEREAS, it is in the best interest of the City to enter into a Nonexclusive Agreement pursuant to Section 54-9 of the Code of the City of Miami, Florida, as amended ("City Code"), with IKE Smart City, LLC, a foreign limited liability company authorized to conduct business in the State of Florida ("IKE"), for the manufacture, installation, operation, and maintenance of Americans with Disabilities Act ("ADA") complaint information and emergency kiosks in the public right-of-way, principally on sidewalks and other public areas, for an initial term of seven (7) years, a first renewal term of another seven (7) years, and a second and final renewal term of six (6) years; and WHEREAS, said kiosks will not only help to improve the experience of the City's residents and visitors, but will also pique the curiosity of the same by encouraging sustainability through the promotion of awareness, understanding, and adaptation to a paper -free City; and WHEREAS, said kiosks will also provide information on, among other things, transit options and local events; will offer wayfinding to landmarks, museums, restaurants, retail stores, and other small businesses; will serve as a dissemination point for City messages, including emergencies; will offer a surveying tool to solicit feedback from residents and visitors; will generate revenue through advertising; and will provide free Wireless Fidelity ("Wi-Fi") and emergency 911 calls, inclusive of emergency signal lighting; and WHEREAS, the City Manager will negotiate a revenue share of forty percent (40%) of gross advertising revenues for the life of the Nonexclusive Agreement, including the initial term, and any renewals and extensions thereof; and WHEREAS, the gross advertising revenue share the City receives has been restricted such that seventy-five percent (75%) of that gross advertising revenue will go towards the City's General Fund and the remaining twenty-five percent (25%) of that gross advertising revenue will be allocated to the following City organizations proportionate to the number of kiosks installed within each of their respective boundaries: the Omni Redevelopment District Community Redevelopment Agency, the Southeast Overtown/Park West Community Redevelopment Agency, the Wynwood Business Improvement District, the Coconut Grove Business Improvement District, and the Downtown Development Authority; and WHEREAS, such restrictions above do not trigger the distributions to the Transportation Trust Fund pursuant to Section 35-254 of the City Code; and WHEREAS, the Bayfront Park Management Trust and the properties within its control and the abutting sidewalks are not listed among the City organizations above and may enter into a nonexclusive agreement of its own concerning the provision and the placement of information and emergency kiosks located within the managed properties and sidewalks abutting Bayfront Park; and WHEREAS, pursuant to Section 18-85(a) of the City Code, the City Manager has waived competitive sealed bidding methods via a written finding with reasons supporting the same; and WHEREAS, said bid waiver requires ratification, confirmation, and approval by the City Commission by a four -fifths (4/5ths) affirmative vote after 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 City Manager's recommendation and written findings, attached and incorporated as Exhibit "A", pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the provision of information and emergency kiosks with IKE for an initial term of seven (7) years, a first renewal term of another seven (7) years, and a second and final renewal term of six (6) years are ratified, confirmed, and approved. Section 3. The City Manager is authorized to negotiate and execute the Nonexclusive Agreement between the City and IKE, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, in compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 4/14/2020 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.