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HomeMy WebLinkAboutR-24-0227City of Miami Resolution R-24-0227 Legislation 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 City of Miami Page 1 of 3 File ID: 16093 (Revision:) Printed On: 7/31/2025 File ID: 16093 Enactment Number: R-24-0227 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. City of Miami Page 2 of 3 File ID: 16093 (Revision:) Printed on: 7/31/2025 File ID: 16093 Enactment Number: R-24-0227 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 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 Wy ng III, C y - tor -y 6/4/2024 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 3 of 3 File ID: 16093 (Revision:) Printed on: 7/31/2025