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Home My WebLink AboutR-20-0119City of Miami Resolution R-20-0119 Legislation 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 City of Miami Page 1 of 3 File ID: 7392 (Revision: A) Printed On: 5/1/2025 File ID: 7392 Enactment Number: R-20-0119 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 City of Miami Page 2 of 3 File ID: 7392 (Revision: A) Printed on: 5/1/2025 File ID: 7392 Enactment Number: R-20-0119 "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, ity ttor ey � 6/15/2020 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. City of Miami Page 3 of 3 File ID: 7392 (Revision: A) Printed on: 5/1/2025