Loading...
HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18661 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) 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 TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR THE DESIGN AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO PORTIONS OF KIRK MUNROE PARK AND PORTIONS OF THE PUBLIC RIGHTS -OF -WAY ALONG FULLER STREET ("PROJECT"); ALLOCATING THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM CAPITAL PROJECT NO. 40-B253530 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES FOR THIS PURPOSE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COCONUT GROVE CONDO, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("DEVELOPER") FOR THE PROJECT IN AN AMOUNT NOT TO EXCEED THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) IN CITY FUNDS ("CITY CONTRIBUTION"), WITH A TWO MILLION AND 00/100 DOLLAR ($2,000,000.00) DEVELOPER CONTRIBUTION ("DEVELOPER CONTRIBUTION") FOR A TOTAL PROJECT AMOUNT OF FIVE MILLION AND 00/100 DOLLARS ($5,000,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE 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, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; FINDING THAT THIS WAIVER AND DIRECT AWARD COMPLY WITH SECTION 255.20(1)(C)10., FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-26-0036 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18661 Final Action Date:1/22/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) 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 TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR THE DESIGN AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO PORTIONS OF KIRK MUNROE PARK AND PORTIONS OF THE PUBLIC RIGHTS -OF -WAY ALONG FULLER STREET ("PROJECT"); ALLOCATING THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM CAPITAL PROJECT NO. 40-B253530 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES FOR THIS PURPOSE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COCONUT GROVE CONDO, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("DEVELOPER") FOR THE PROJECT IN AN AMOUNT NOT TO EXCEED THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) IN CITY FUNDS ("CITY CONTRIBUTION"), WITH A TWO MILLION AND 00/100 DOLLAR ($2,000,000.00) DEVELOPER CONTRIBUTION ("DEVELOPER CONTRIBUTION") FOR A TOTAL PROJECT AMOUNT OF FIVE MILLION AND 00/100 DOLLARS ($5,000,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE 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, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; FINDING THAT THIS WAIVER AND DIRECT AWARD COMPLY WITH SECTION 255.20(1)(C)10., FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") desires to enter into an agreement for enhancements to portions of Kirk Munroe Park and portions of the public rights -of -way along Fuller Street located in the Coconut Grove neighborhood ("Project"); and WHEREAS, Coconut Grove Condo, LLC, a Delaware limited liability company ("Developer"), is the sponsor of a mixed -use condominium project generally bounded by Grand Avenue to the south, Oak Avenue to the north, and Matilda Street to the east, and immediately south of Kirk Munroe Park, which Coconut Grove Condo, LLC intends to construct concurrently with the Project; and WHEREAS, pursuant to the Development Agreement governing the Project and related public improvements, Coconut Grove Condo, LLC has agreed to subsidize a portion of the cost of the Project through a private contribution in the amount of Two Million and 00/100 Dollars ($2,000,000.00) (the "Developer Contribution"), to retain a qualified general contractor to perform the work, and to cover any and all cost overruns necessary to complete the Project in excess of the City's Three Million and 00/100 Dollar ($3,000,000.00) contribution ("City Contribution"); and WHEREAS, the City Commission has received and considered the Attorney General Opinion dated October 27, 2025, concluding that the waiver procedure in section 18-85(a) of the City Code qualifies for the exception to Florida's competitive bidding requirements under section 255.20(1)(c)10., Florida Statutes; and WHEREAS, the City Commission finds that Developer is uniquely qualified to manage and deliver the Project due to the existing related Development Agreement and the need to coordinate the design and construction of the public improvements with Developer's concurrent adjacent private development, and further finds that subjecting the Project to a competitive bidding process would jeopardize the Developer Contribution, significantly raise costs, and delay completion of the public improvements to the detriment of the public health, safety, and welfare; and WHEREAS, as required by section 255.20(1)(c)10, Florida Statutes, the City has publicly noticed this proposed waiver and direct award at least fourteen (14) days prior to the public meeting at which it is being considered, identifying the Project, its estimated total cost, and citing the applicable ordinance or resolution; and the written recommendation of the Project architect or engineer supporting the direct award, together with all findings and justifications, has been documented in the Project file and presented to the City Commission prior to approval; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, as amended ("City Code"), the City Manager has recommended waiving the requirements for competitive sealed bidding methods, via recommendation and written finding, attached and incorporated as Exhibit "A," with reasons supporting the same as not being practicable or advantageous to the City; and WHEREAS, said recommendation and written finding must be ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing; 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, after an advertised public hearing, pursuant to Section 18-85(a) of the City Code, the City Manager's recommendation and written finding, attached and incorporated as Exhibit "A," that the requirements for competitive sealed bidding methods are waived as not being practicable or advantageous to the City for the provision of the Project is hereby ratified, confirmed, and approved. Section 3. The City Manager is authorized' to negotiate and execute a contract, in a form acceptable to the City Attorney, with Developer for the Project in an amount not to exceed Three Million and 00/100 Dollars ($3,000,000.00) from Capital Project No. 40-6253530, with a Two Million and 00/100 Dollar ($2,000,000.00) Developer contribution, for a total Project amount of Five Million and 0/100 Dollars ($5,000,000.00). Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approval, and compliance with 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, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. The City Commission further finds that the waiver and direct award comply with section 255.20(1)(c)10., Florida Statutes, for the reasons stated in the Preamble and Exhibit "A," attached and incorporated. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The authorization herein 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.