Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16093 Date: 05/20/2024 Commission Meeting Date: 06/18/2024 Requesting Department: Department of Real Estate and Asset Management; Office of Capital Improvements Sponsored By: District Impacted: District 5 Type: Resolution Subject: Approve Emergency Findings - Olympia Theater and Apartments Purpose of Item: The purpose of this item is to authorize a resolution of the Miami City Commission, by a four -fifths (4/5ths) affirmative vote, retroactively ratifying, confirming and approving the City Manager's emergency findings, incorporated as Exhibit "A", that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedure pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended ("City Code") and retroactively approving the selection of various providers for the provision of various services such as architectural, engineering, and construction services necessary for building recertification, stabilization, health and human safety items, and maintenance of equipment and systems for the Olympia Theater on behalf of the Department of Real Estate and Asset Management ("DREAM") and the Office of Capital Improvements ("OCI"); Authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions, 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 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: The Olympia Theater and the Olympia Apartments ("Olympia Theater") are co - located in a building at the southwest corner of NE 2nd Avenue and East Flagler Street. The Olympia Theater is on the National Register of Historic Places and has been owned by the City of Miami since 1975. The Olympia Theater requires major capital, structural, and electrical repairs identified during its 40/50-year recertification process, including the exterior brick facade, and the condition of the Olympia Theater constitutes a danger to the public health or safety. It is not practicable or advantageous to the City to proceed with the procurement process outlined in Florida Statute (F.S.) 287.055 for the provision of architectural and engineering services necessary for building recertification and stabilization of the structure to ensure the public's health and safety. Furthermore, it was not feasible for the City to proceed with a procurement process as outlined in Florida State Statute F.S. 287.055 because this process would have delayed vital repairs to the facility and may have resulted in the potential loss of revenue and funding at the Olympia Theater. F.S. 287.055, Consultants' Competitive Negotiation Act ("CCNA"), permits exemptions to these requirements in emergency situations, as stated in Section 3 (a) (1), entitled "Public Announcement and Qualifications Procedures," allowing the City Manager as "Agency Head" to declare an emergency. Accordingly, the City Manager, pursuant to Section 18-90 of the City, approved an emergency finding on July 2, 2023. It is also not practicable or advantageous to the City to proceed with the procurement outlined in F.S. 255.20 for public construction works, which can take six (6) months, delaying the repair and stabilization of the Olympia Theatre. Such delay is not in the best interest of the City and its constituents, as the damage to this facility poses a public safety issue, including threats to health, life, and safety, and a loss of revenue to the City. F.S. 255.20, does however permit exemptions to these requirements in emergency situations, as stated in sub -section (1)(c)(1): "The provisions of this subsection do not apply: 1. If the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates: a. An immediate danger to the public health or safety; b. Other loss to public or private property which requires emergency government action; or c. An interruption of an essential governmental service." Therefore, pursuant to the City Manager's emergency findings (original memo, supplemental to memo and supplement No. 2), certifying valid public emergency it is most advantageous for the City to waive the competitive sealed bidding procedures pursuant to Section 18-90 of the City of Miami Code; F.S. 287.055; and F.S. 255.20(1)(c)(1) for the Olympia Theatre and Apartments repairs and stabilization. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: Undetermined Reviewed B Department of Real Estate and Asset Management Review Completed 05/20/2024 9:51 AM Office of Capital Improvements Hector L Badia Department of Procurement Annie Perez Office of Management and Budget Pedro Lacret Office of Management and Budget Leon P Michel City Manager's Office Larry M. Spring Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Pablo Velez Office of the City Attorney George K. wysong III City Commission Nicole Ewan City Commission Maricarmen Lopez Andrew Frey Department Head Review Procurement Review Budget Analyst Review Budget Review Assistance City Manager Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Meeting Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 05/28/2024 11:48 AM 05/28/2024 2:01 PM 05/30/2024 3:10 PM 06/04/2024 8:56 PM 06/04/2024 10:02 PM 06/04/2024 10:09 PM 06/04/2024 10:39 PM 06/04/2024 11:38 PM 06/04/2024 11:43 PM 06/13/2024 9:00 AM 06/18/2024 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 06/21/2024 4:09 PM City of Miami Legislation Resolution Enactment Number: R-24-0227 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16093 Final Action Date:6/18/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE THE COMPETITIVE SEALED BIDDING REQUIREMENTS, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND RETROACTIVELY APPROVING THE SELECTION OF VARIOUS PROVIDERS FOR THE PROVISION OF VARIOUS ARCHITECTURAL, ENGINEERING, AND CONSTRUCTION SERVICES NECESSARY FOR BUILDING RECERTIFICATION, STABILIZATION, HEALTH AND HUMAN SAFETY ITEMS, AND THE MAINTENANCE OF EQUIPMENT AND SYSTEMS FOR THE OLYMPIA THEATER AND APARTMENTS ("OLYMPIA THEATER"), ON BEHALF OF THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") AND THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, 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") Olympia Theater and Apartments ("Olympia Theater") are co -located in a building at the southwest corner of Northeast 2nd Avenue and East Flagler Street; and WHEREAS, the Olympia Theater is on the National Register of Historic Places and has been owned by the City since 1975; and WHEREAS, the Olympia Theater requires major capital, structural, and electrical repairs identified during its 40/50-year recertification process, inclusive of its exterior brick facade, and its condition constitutes a danger to the public health and safety; and WHEREAS, it is not practicable or advantageous for the City to proceed with the procurement process outlined in Section 287.055, Florida Statutes, for the provision of the architectural and engineering services necessary for building recertification and stabilization , the health and human safety items and the maintenance of equipment and systems; and WHEREAS, it was not feasible for the City to proceed with the procurement process outlined in Section 287.055, Florida Statutes, because this process would have delayed vital repairs to the facility and may have resulted in the potential loss of revenue and funding at the Olympia Theater; and WHEREAS, Section 287.055, Florida Statutes, titled the "Consultants' Competitive Negotiation Act" ("CCNA"), permits exemptions to these requirements in emergency situations, as stated in Section 3(a)(1), titled "Public Announcement and Qualifications Procedures," allowing the City Manager as "agency head" to declare an emergency; and WHEREAS, it is also not practicable or advantageous for the City to proceed with the procurement outlined in Section 255.20, Florida Statutes, for public construction works, which can take six (6) months, delaying the repair and stabilization of the Olympia Theatre, with such delays not being in the best interest of the City and its constituents, as the damage to this facility poses an immediate danger to the public health or safety, including threats to health, life, and safety, and a loss of revenue to the City; and WHEREAS, Section 255.20, Florida Statutes, permits exemptions to these requirements in emergency situations, as stated in Subsection (1)(c)(1), if the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction work damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates: (a) an immediate danger to the public health or safety; or (b) other loss to public or private property which requires emergency government action; or (c) an interruption of an essential governmental service; and WHEREAS, pursuant to the City Manager's emergency findings, certifying a valid public emergency, it is most advantageous for the City to waive the competitive sealed bidding requirements, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"); Section 287.055, Florida Statutes; and Section 255.20, Florida Statutes, for the Olympia Theater repairs and stabilization; 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, pursuant to Section 18-90 of the City Code, the City Manager's emergency findings, attached and incorporated as Exhibit "A," that it is most advantageous to the City to waive the competitive sealed bidding requirements, pursuant to Section 18-90 of the City Code, and retroactively approving the selection various providers for the provision of various architectural, engineering, and construction services necessary for building recertification, stabilization, health and human safety items, and maintenance of equipment and systems for the Olympia Theater, on behalf of DREAM and OCI, is hereby are retroactively ratified, confirmed, and approved. Section 3. The City Manager is authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, 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 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. 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: ge Wys ng III, C y ttor -y 6/4/2024