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HomeMy WebLinkAboutR-23-0242City of Miami Resolution R-23-0242 Legislation 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 City of Miami Page 1 of 2 File ID: 13820 (Revision: A) Printed On: 7/3/2025 File ID: 13820 Enactment Number: R-23-0242 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: sndez, City Attor ey 6/15/2023 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. City of Miami Page 2 of 2 File ID: 13820 (Revision: A) Printed on: 7/3/2025