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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO; Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorneys +`-C, for DATE: April 20, 2022 RE: Resolution No, 22-0122 -- Bid Waiver — PADL LLC File No. 11590 At its March 24, 2022 meeting, the City Commission adopted the above referenced agenda item, PH.1, ratifying, approving, and confirming the City Manager's finding that competitive sealed bidding procedures are not practicable and advantageous to the City of Miami, waiving competitive sealed bidding procedures and authorizing the City Manager, and authorizing the City Manager to negotiate and execute a revocable license agreement with PADL LLC, with the terms as stated therein. The item inadvertently contained an incorrect description of the effective date of the Resolution in Section 6. The Legislation has been corrected and incremented to Revision A. VMIBLMITMFIvja Enclosure(s) 5 0 \i.e/L(4.2 s DULCA. f\Q 4\A..Q File Number: 11590 City of Miami City Hall CCEI i Pan American Drive Resolution R-22-0122. Miami, FL 33133 ..-121p " 3 ivi riF w.miamigov.com OFFICE OF Ilkr CIAY Final Agio bate: 3/24/2022 Legislation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF KAYAK AND PADDLEBOARD KIOSK RENTAL SERVICES AT CITY OF MIAMI WATERFRONT PARKS WITH PADL LLC ("PADL"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "PARKS KAYAK AND PADDLEBOARD KIOSK RENTAL PROGRAM 2022- 2023"; AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE REVENUE GENERATED FROM THE PARKS PILOT KAYAK KIOSK PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY AND PADL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO FUTURE ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS MADE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND PROVISIONS OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a finding, attached and incorporated as Exhibit "A," containing reasons supporting the conclusion that competitive sealed bidding is not practicable and is not advantageous to the City of Miami ("City") in order for the City's Department of Parks and Recreation ("Parks") to provide a pilot kayak and paddleboard kiosk rental program (the "Services"); and WHEREAS, Parks strives to provide leisure recreational/sports activities that enhance the quality of life of City residents and park users; and WHEREAS, Parks desires to enhance its current offerings of leisure recreational/sports activities, by providing a kayak and paddleboard kiosk rental program in City waterfront parks; and WHEREAS, Parks has identified three (3) City parks to implement a pilot program to analyze the demand for kayak and paddleboard rentals: (1) Legion Memorial Park located at City of Miami Page 1 of 3 File ID: 11590 (Revision.' A) Printed On: 5/3/2022 File ID: 11590 Enactment Number: R-22-0122 6447 Northeast 7th Avenue; (2) Miami Marine Stadium Flex Park located at 3501 Rickenbacker Causeway; and (3) Peacock Park located at 2820 McFarlane Drive, with additional parks to be identified depending on the success of the pilot; and WHEREAS, Parks recommended PADL LLC ("PADL") to provide the Services as the most qualified firm;; and WHEREAS, PADL provides a low -impact. solar powered, self-service kiosk that allows users to rent kayaks and paddleboards at an hourly rate or based on a monthly subscription; and WHEREAS, the City would provide PADL with a one-year, revocable license, including the option to renew for one (1) additional year, to operate five (5) rental kiosks in City parks in exchange for $200 per month per location or 20% of revenue, whichever is greater, with the option to increase the number of kiosks depending on the success of the pilot; and WHEREAS, Parks estimates the agreement will generate an estimated amount of $20,000 annually, which will go toward funding shoreline cleaning services at City waterfront Park sites; and WHEREAS, the City Manager recommends that the requirements for competitive sealed bidding procedures be waived and that the procurement of the short-term pilot kayak and paddleboard kiosk rental services, as specified, be approved pursuant to Section 18-85(a) of the City Code; and WHEREAS, following a properly advertised public hearing, the City Commission finds it is in the best interest of the City to ratify, approve, and confirm, by a four -fifths (4f5ths) affirmative vote, the waiver of competitive sealed bidding procedures for the procurement by the City of a pilot kayak and paddleboard kiosk rental program from PADL for an estimated annual revenue of $20,000 in accordance with PADL's proposed statement of work; NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference incorporated as if fully set forth in this section. Section 2. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-85(a) of the City Code, after an advertised public hearing, the City Manager's finding, attached aed incorporated as Exhibit "A," that the requirements of competitive sealed bidding proc;dures are not practicable and are not advantageous to the City are ratified, approved, and con ned the requirements for competitive sealed bidding procedures are waived and the requeRio ret1 PADL to provide the Services is approved. -= € nri CAD Section 3. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney, a revocable license agreement ("RLA") with PADL accordance with PADL's proposed statement of work. -n .. rr C.Il 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. .94 r. City of Miami Page 2 of 3 File JD: 11590 (Revision: A) Printed an: 5/3/2022 File ID: 11590 Enactment Number: R-22-0122 Section 4. The following new Special Revenue Project is established, and resources are appropriated as described below: FUND TITLE: Parks Kayak and Paddleboard Kiosk Rental Program RESOURCES: Revenue from RLA with PADL $20,000 APPROPRIATIONS: $20,000 Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, amendments, extensions.. and modifications. all in a form acceptable to the City Attorney, for the provision of the Services. Section 6: This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: deft z, City 'tt0r ey 3/15/2022 dez, ity ttcr ey 5/3/2022 rn a City of Miami Page 3 of 3 File ID: 11590 (Revision: A) Printed on: 5/3/2022 File Number: 11590 City of Miami REcE E City Half LegislationJ' y 3500 Pan American Drive i _3 ,gym 1..4iami, FL 33133 Resolution [ •miamigovcom fFFIrE Q T 1 CI 7 't Ci 'Y of HifAl`t t Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF KAYAK AND PADDLEBOARD KIOSK RENTAL SERVICES AT CITY OF MIAMI WATERFRONT PARKS WITH PADL LLC ("PADL"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "PARKS KAYAK AND PADDLEBOARD KIOSK RENTAL PROGRAM 2022-2023'; AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE REVENUE GENERATED FROM THE PARKS PILOT KAYAK KIOSK PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY AND PADL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO FUTURE ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS MADE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND PROVISIONS OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a finding, attached and incorporated as Exhibit "A," containing reasons supporting the conclusion that competitive sealed bidding is not practicable and is not advantageous to the City of Miami ("City") in order for the City's Department of Parks and Recreation ("Parks") to provide a pilot kayak and paddleboard kiosk rental program (the "Services"); and WHEREAS, Parks strives to provide leisure recreational/sports activities that enhance the quality of life of City residents and park users; and WHEREAS, Parks desires to enhance its current offerings of leisure recreational/sports activities, by providing a kayak and paddleboard kiosk rental program in City waterfront parks; and WHEREAS, Parks has identified three (3) City parks to implement a pilot program to analyze the demand for kayak and paddleboard rentals. (1) Legion Memorial Park located at 6447 NE 7th Avenue; (2) Miami Marine Stadium Flex Park located at 3501 Rickenbacker Causeway; and (3) Peacock Park located at 2820 McFarlane Drive, with additional parks to be identified depending on the success of the pilot; and WHEREAS, Parks recommended PADL LLC ("PADL") to provide the Services as the most qualified firm; and WHEREAS, PADL provides a low -impact, solar powered, self-service kiosk that allows users to rent kayaks and paddleboards at an hourly rate or based on a monthly subscription; and WHEREAS, the City would provide PADL with a one-year, revocable license, including the option to renew for one (1) additional year, to operate five (5) rental kiosks in City parks in exchange for $200 per month per location or 20% of revenue, whichever is greater, with the option to increase the number of kiosks depending on the success of the pilot; and WHEREAS, Parks estimates the agreement will generate an estimated amount of $20,000 annually, which will go toward funding shoreline cleaning services at City waterfront Park sites; and WHEREAS, the City Manager recommends that the requirements for competitive sealed bidding procedures be waived and that the procurement of the short-term pilot kayak and paddleboard kiosk rental services, as specified, be approved pursuant to Section 18-85(a) of the City Code; and WHEREAS, following a properly advertised public hearing, the City Commission finds it is in the best interest of the City to ratify, approve, and confirm, by a four -fifths (415ths) affirmative vote, the waiver of competitive sealed bidding procedures for the procurement by the City of a pilot kayak and paddieboard kiosk rental program from PADL for an estimated annual revenue of $20,000 in accordance with PADL'sg—iroposed f r�s statement of work; NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OFTIE f'Y it OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this esoluion < are adopted by reference incorporated as if fully set forth in this section. m Section 2. By a four -fifths (415ths) affirmative vote, pursuant to Section 18-85(a) of the City Code, after an advertised public hearing, the City Manager's findings. attached and incorporated as Exhibit "A," that the requirements of competitive sealed bidding procedures are not practicable and are not advantageous to the City are ratified, approved, and confirmed, the requirements for competitive sealed bidding procedures are waived and the request to retain PADL to provide the Services is approved. Section 3. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney, a revocable license agreement (`RLA") with PADL in accordance with PADL's proposed statement of work. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 4. The following new Special Revenue Project is established, and resources are appropriated as described below: FUND TITLE: Parks Kayak and Paddleboard Kiosk Rental Program RESOURCES: Revenue from RLA with PADL $20,000 APPROPRIATIONS! S20,000 Section 5. The City Manager is further authorized1 to negotiate and execute any and all other necessary documents, amendments, extensions, and modifications, all in a form acceptable to the City Attorney, for the provision of the Services. Section 6: This Resolution shall become effective immediately upon its adoption and signature of the Mayor2. APPROVED AS TO FORM AND CORRECTNESS: 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 of Miami Commission.