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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13820 Date: 04/11/2023 Commission Meeting Date: 05/25/2023 Requesting Department: Department of Parks and Recreation Sponsored By: District Impacted: District 2 Type: Resolution Subject: Emergency Ratification - VKBNPP Concession Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission, with Attachment(s), by a four -fifths (4/5) affirmative vote, ratifying, confirming and approving the City Manager's emergency finding, that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedures pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended, ("City Code") and retroactively approving the emergency selection of PADL, LLC, ("PADL") to operate the concession for kayak, paddle board and bicycle rental/tours at Virginia Key Beach North Point Park due to the previous vendor's lease termination, for twenty percent (20%) share of revenue. Authorizing the City Manager to negotiate and execute any and all documents, including any amendments, modifications, annual recurring fees or maintenance costs, or additions of related equipment or services for Virginia Key Beach North Point Park, subject to all allocations, appropriations, and budgetary approvals having been previously made, 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 all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: Parks is requesting retroactive approval for the emergency selection of PADL to operate the concession for kayak, paddle board, and bicycle rental/tours at Virginia Key Beach North Point Park due to the previous vendor's lease termination. PADL will continue to provide the same level of service for the benefit of the public for the rental of kayaks, paddle boards, and bicycle rentals/tours. The services of PADL will continue the terms via a permit on a month -to -month basis at twenty percent (20%) share of revenue, until the City has an executed agreement, resulting from the City's issuance of a competitive Request for Proposals. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Unknown Christopher Evans Office of Management and Budget Office of Management and Budget Department of Procurement City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Department Head Review Donovan Dawson Marie Gouin Annie Perez Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Pablo Velez Victoria Mendez Maricarmen Lopez Valentin J Alvarez Pablo Velez Victoria Mendez City Clerk's Office Completed Budget Analyst Review Budget Review Procurement Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Approved Form and Correctness Rendered 05/08/2023 11:19 AM Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed with Modification(s) Completed 05/08/2023 1:13 PM 05/08/2023 3:26 PM 05/09/2023 9:03 AM 05/15/2023 9:53 AM 05/15/2023 10:55 AM 05/15/2023 11:08 AM 05/16/2023 1:32 PM 05/16/2023 2:52 PM 05/25/2023 9:00 AM 06/02/2023 2:34 PM 06/14/2023 12:56 PM Completed 06/15/2023 5:03 PM City of Miami Legislation Resolution Enactment Number: R-23-0242 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13820 Final Action Date:5/25/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, CONFIRMING, RATIFYING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 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 FOR THE CITY OF MIAMI ("CITY"), FOR THE EMERGENCY SELECTION OF PADL LLC, A FLORIDA LIMITED LIABILITY COMPANY ("PADL"), FOR THE CONTINUED PROVISION AND OPERATION OF A CONCESSION FOR KAYAKS, PADDLE BOARDS, BICYCLE RENTALS AND TOURS AT THE VIRGINIA KEY BEACH NORTH POINT PARK, FOR A MAXIMUM DURATION OF ONE (1) YEAR, AND PROVIDING A TWENTY PERCENT (20%) REVENUE SHARE FOR THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, 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, IN FORMS 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 of Miami ("City") Department of Parks and Recreation ("Parks") has a need for the continued provision and operation of a concession for kayaks, paddle boards, bicycle rentals and tours at the Virginia Key Beach North Point Park ("Services"); and WHEREAS, Parks will benefit from the Services provided by PADL LLC, a Florida limited liability company ("PADL"), which will strive to provide their best with respect to said Services; and WHEREAS, PADL has been engaged for these Services via a permit on a month -to - month basis, with a maximum duration of one (1) year, and for which the City will receive a twenty percent (20%) revenue share; and WHEREAS, the City's Procurement Department ("Procurement") issued a formal solicitation to competitively solicit for a standing provider for said Services and all submittals received were deemed nonresponsive; and WHEREAS, Procurement will issue a new formal solicitation to competitively solicit for said standing provider for these Services; and WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), approved an emergency finding, attached and incorporated as Exhibit "A," waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous for the City for the selection and continued use of PADL; 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. By a four -fifths (4/5ths) affirmative vote, the City Manager's emergency finding, attached and incorporated as Exhibit "A," pursuant to Section 18-90 of the City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous for the City, for the emergency selection of PADL, for the continued provision and operation of a concession for kayaks, paddle boards, bicycle rentals and tours at the Virginia Key Beach North Point Park, for a maximum duration of one (1) year, and providing a twenty percent (20%) revenue share for the City, is hereby confirmed, ratified, and approved. Section 3. The City Manager is authorized' to negotiate and execute any and all documents, including any amendments, extensions, and modifications, subject to all allocations, appropriations, prior budgetary approvals, 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, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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.