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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12856 Date: 10/25/2022 Commission Meeting Date: 11/17/2022 Type: Resolution Subject: Bid Waiver - Shake A Leg RLA Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: Ken Russell, Manolo Reyes District Impacted: District 2 A Resolution of the Miami City Commission, with attachment(s), by a four -fifths affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the City Manager's recommendation and finding, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous to the City of Miami; waiving the requirements for said procedures; authorizing the City Manager to negotiate and execute a Revocable License Agreement ("License"), in a form acceptable to the City Attorney, between the City Of Miami ("City") and Shake -A -Leg, Miami Inc. ("SALM"), a Florida not -for -profit corporation, for use of City -owned bayfront property and ancillary adjacent areas located at 2600 S Bayshore Drive, Miami, Florida, 33133 for the operation of a public recreation center to provide water -dependent marine recreational, environmental, cultural, and educational opportunities to City residents, organized youth groups, disadvantaged sectors of the public, organized community groups, and the general public ("Project"); further authorizing the City Manager to negotiate and execute such agreements or other documents, including amendments to the License, as may be necessary to proceed with the Project. Background of Item: The City of Miami ("City") is the owner of certain real property located generally at 2600 S Bayshore Drive, Miami, FL 33133 ("Upland") pursuant to a quitclaim deed granted by the United States of America acting by and through the Secretary of the Interior ("Federal Government") and containing various restrictions including that the Upland be utilized for public park and recreation purposes. The State of Florida owns the submerged lands adjacent to the Upland ("Submerged Lands") and previously granted the City the authority to manage the Submerged Lands for public purposes ("Original State Agreement"). The City and Shake A Leg Miami, Inc. ("SALM") originally entered into a management agreement dated July 12, 2000, as amended by Amendment #1 dated May 30, 2002 and Amendment No. 2 dated June 24, 2003 (as amended, "Management Agreement"), to provide a public recreation and educational center for the purpose of teaching sailing, navigation regulations, water safety and other allied subjects to handicapped individuals, youth groups, and the general public. SALM has possessed, occupied and operated its business on the Upland and Submerged Land (collectively, "Property") since 1990 and has significant experience in providing marine recreational services to underserved communities. The Management Agreement has expired and the City and SALM desire to enter into a new agreement to more particularly set forth the Parties' respective responsibilities as it relates to the Property. The Original State Agreement has similarly expired, and the City and SALM are actively seeking approval of a new agreement ("New State Agreement") from the Board of Trustees of the Internal Improvement Fund of the State of Florida ("State"). The City has determined that entering into a new license agreement ("License") for the Management of the Property, subject to approval by the Federal Government and the State, is in the City and the greater community's best interest. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division OMNI Community Redevelopment Office of the City Attorney City Commission Office of the City Clerk Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez Agency Victoria Mendez Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Isiaa Jones Approved Form and Correctness Meeting Rendered Completed Completed Completed Completed Completed Completed ACA Review Completed Completed Completed 11/03/2022 11:07 AM 11/03/2022 2:31 PM 11/05/2022 2:24 PM 11/07/2022 3:38 PM 11/07/2022 5:13 PM 11/07/2022 5:22 PM Completed 11/07/2022 7:23 PM 11/17/2022 9:00 AM 11/18/2022 11:48 PM City of Miami Legislation Resolution Enactment Number: R-22-0452 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12856 Final Action Date:11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SHAKE -A -LEG, MIAMI INC. ("SALM"), A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED BAYFRONT PROPERTY AND ANCILLARY ADJACENT AREAS LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FL, 33133 FOR THE OPERATION OF A PUBLIC RECREATION CENTER TO PROVIDE WATER -DEPENDENT MARINE RECREATIONAL, ENVIRONMENTAL, CULTURAL, AND EDUCATIONAL OPPORTUNITIES TO CITY OF MIAMI RESIDENTS, ORGANIZED YOUTH GROUPS, DISADVANTAGED SECTORS OF THE PUBLIC, ORGANIZED COMMUNITY GROUPS, AND THE GENERAL PUBLIC ("PROJECT"); FURTHER ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING THE CONTRIBUTION FROM SALM TO SERVE AS MATCHING FUNDS FOR THE REPAIRS OF THE BAYWALK AT THE PROPERTY ("BAYWALK IMPROVEMENTS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS OR OTHER DOCUMENTS, INCLUDING AMENDMENTS TO THE LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO PROCEED WITH THE PROJECT AND BAYWALK IMPROVEMENTS, ALL IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, AND STATE OF FLORIDA SUBMERGED LAND LEASE PROVISIONS. WHEREAS, the City of Miami ("City") is the owner of certain real property located generally at 2600 S Bayshore Drive, Miami, FL 33133 ("Upland") pursuant to a quitclaim deed granted by the United States of America acting by and through the Secretary of the Interior ("Federal Government") and containing various restrictions including that the Upland be utilized for public park and recreation purposes; and WHEREAS, State of Florida owns the submerged lands adjacent to the Upland ("Submerged Lands") and previously granted the City the authority to manage the Submerged Lands for public purposes ("Original State Agreement"); and WHEREAS, the City and Shake A Leg Miami, Inc. ("SALM") originally entered into a management agreement dated July 12, 2000, as amended by Amendment #1 dated May 30, 2002 and Amendment No. 2 dated June 24, 2003 (as amended, "Management Agreement"), to provide a public recreation and educational center for the purpose of teaching sailing, navigation regulations, water safety and other allied subjects to handicapped individuals, youth groups, and the general public; and WHEREAS, SALM has possessed, occupied and operated its business on the Upland and Submerged Land (collectively, "Property") since 1990 and has significant experience in providing marine recreational services to underserved communities; and WHEREAS, the Management Agreement has expired and the City and SALM desire to enter into a new agreement to more particularly set forth the Parties' respective responsibilities as it relates to the Property; and WHEREAS, the Original State Agreement has similarly expired, and the City and SALM are actively seeking approval of a new agreement ("New State Agreement") from the Board of Trustees of the Internal Improvement Fund of the State of Florida ("State"); and WHEREAS, the City has determined that entering into a new license agreement ("License") for the Management of the Property, subject to approval by the Federal Government and the State, is in the City and the greater community's best interest; and WHEREAS, the City Commission passed Resolution No. R-22-0175 on May 12, 2022, authorizing the submittal of an application for reimbursement grant funding to the Florida Inland Navigation District ("FIND") Waterways Assistance Program, for the improvement of the baywalk within the Upland ("Baywalk Improvements"), and providing for SALM to contribute the required matching funds ("SALM Contribution") which are currently estimated to equal approximately twenty-two thousand five hundred forty and XX/100 dollars but which may be increased subject to approval by the parties; and WHEREAS, Resolution No. R-22-0175 also provided that in the event of the award, the appropriation of funds for both eligible and non -reimbursable administrative costs shall be by separate, future Resolution from funds provided by the SALM Contribution or other legal available funding sources; and WHEREAS, FIND has awarded the grant and the City now wishes to accept the SALM Contribution and allocate such funds for the Baywalk Improvements. 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 if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) and 18-86 (a)(3)(c) of the Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized to negotiate and execute a License, in a form acceptable to the City Attorney, with additional terms and conditions to be more particularly set forth in the License. Section 4. The City Manager is further authorized2 to accept, allocate, and appropriate the SALM Contribution without the need for further City Commission approval Section 5. The City Manager is further authorized' to negotiate and execute such agreements or other documents, including amendments to the License, in forms acceptable to the City Attorney, as may be necessary to proceed with the Project and Baywalk Improvements. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor 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. 2 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.