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Home My WebLink AboutR-26-0261City of Miami Resolution R-26-0261 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19350 Final Action Date: 6/11/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, 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 A SOCCER PITCH TO BE INSTALLED ON CITY -OWNED PROPERTY LOCATED AT 850 AND 920 NORTHWEST 23RD STREET, MIAMI, FLORIDA 33127 (THE "PROJECT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("CONTRACTOR"), FOR THE PROJECT, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT AND 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. SPONSOR(S): Commissioner Miguel Angel Gabela WHEREAS, the City of Miami ("City") owns the real property located at 850 and 920 NW 23rd Street, Miami, Florida 33127 (the "Property"), and desires to undertake the design and construction of a soccer pitch and ancillary public improvements on the Property (the "Project"); and WHEREAS, Miami Bethany Community Services, Inc., a Florida not -for -profit corporation ("Contractor"), has existing obligations and ongoing activities at the Property with which the design and construction of the public improvements comprising the Project must be City of Miami Page 1 of 3 File ID: 19350 (Revision: A) Printed On: 8/3/2026 File ID: 19350 Enactment Number: R-26-0261 integrated, sequenced, and coordinated, and the Project is to be advanced through a single responsible party charged with the overall development schedule for the Property; and WHEREAS, the Contractor has agreed to retain appropriately licensed Florida contractors to perform the work, and to bear any and all cost overruns necessary to complete the Project, for an amount not to exceed Five Hundred Thousand and 00/100 Dollars ($500,000.00); 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 the Contractor is uniquely qualified to manage and deliver the Project due to its existing obligations and ongoing activities at the Property and the need to integrate, sequence, and coordinate the design and construction of the Project with those concurrent activities; and WHEREAS, the City Commission further finds that subjecting the Project to a competitive bidding process would introduce avoidable interface, scheduling, and constructability risk, materially delay completion of the public improvements, increase the City's administrative and coordination burden and potential cost and exposure, and jeopardize the Contractor's full funding of the costs the Project beyond the $500,000.00, all 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 an architect or engineer acting as the City's representative for the Project 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 City of Miami Page 2 of 3 File ID: 19350 (Revision: A) Printed on: 8/3/2026 File ID: 19350 Enactment Number: R-26-0261 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 Contractor for the Project in an amount not to exceed Five Hundred Thousand Dollars ($500,00.00). Section 4. The City Manager is further authorized' to negotiate and execute the agreement and all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations and budgetary approval having been previously made, and in 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 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". Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wyy ng III, C y ttor' -y 7/31/2026 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. City of Miami Page 3 of 3 File ID: 19350 (Revision: A) Printed on: 8/3/2026