HomeMy WebLinkAboutR-17-0606City of Miami
Legislation
Resolution R-17-0606
File Number: 3078
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/14/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 ATTACHMENT "A," PURSUANT TO SECTION 18-85 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR
PURPOSES OF ACCEPTING THE DONATION OF APPROXIMATELY
$180,000.00 ("GIFT"), $120,000.00 IN IN-KIND SERVICES AND $60,000.00 IN
MONETARY FUNDS, FROM THE VAN ALEN INSTITUTE, A NEW YORK CITY
501(C)(3) NOT FOR PROFIT ORGANIZATION ("VAI"), TO BE USED FOR THE
DESIGN DEVELOPMENT PHASE OF A NEW GENERAL PLAN FOR JOSE
MARTI PARK ("PARK") TAKING INTO CONSIDERATION THE INCREASING
FLOOD RISKS ASSOCIATED WITH SEA LEVEL RISE, THE UNIQUE
CULTURAL HERITAGE OF LITTLE HAVANA, THE INCREASING USE RELATED
TO DEVELOPMENTS SURROUNDING THE PARK, AND CONSIDERING
PARKING, TRANSPORTATION, AND ACCESS ISSUES; AUTHORIZING THE
CITY MANAGER TO EXECUTE A GIFT AGREEMENT BETWEEN THE CITY
AND VAI, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL AMENDMENTS AND MODIFICATIONS TO THE GIFT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
FOR SAID PURPOSE.
WHEREAS, the Van Alen Institute, a New York City 501(c)(3) not for profit organization
("VAI"), collaborates with communities, scholars, policymakers, and professionals on local and
global initiatives to rigorously investigate the most pressing social, cultural, and ecological
challenges of tomorrow; and
WHEREAS, as a public benefit, VAI is donating its professional consulting services to
the City of Miami ("City") for the provision of advising, providing input, assisting with community
engagement, and other services to assist the City with the design phase of Jose Marti Park
("Park") that involves developing a new general plan for the Park, taking into consideration
increasing flood risks associated with sea level rise, the unique cultural heritage of Little
Havana, increasing use related to developments surrounding the park, and considering parking,
transportation, and access issues ("Project"); and
WHEREAS, the process will involve researching and analyzing site and contextual
elements, identifying opportunities and constraints, engaging stakeholders and community
residents, and providing recommendations on a phased approach for implementation; and
WHEREAS, VAI's professional consulting services include, but are not limited to,
assistance with the development of the City's Request for Qualifications ("RFQ") to select the
Design Team, assistance with community engagement, and other tasks; and
City of Miami Page 1 of 2 File ID: 3078 (Revision: A) Printed On: 3/6/2018
File ID: 3078 Enactment Number: R-17-0606
WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as
amended ("City Code"), the City Manager has waived competitive sealed bidding methods by
making the written finding, attached and incorporated as Attachment "A," containing the reasons
supporting his conclusion herein that, in this instance, competitive sealed bidding or competitive
sealed requests for proposals are not practicable or is not advantageous to the City;
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,
the City Manager's recommendation and written findings, attached and incorporated as
Attachment 'A" pursuant to Section 18-85 of the City Code, waiving the requirements for
competitive sealed bidding procedures as not being practicable or advantageous to the City for
purposes of accepting a gift of approximately $180,000.00 ("Gift"), $120,000.00 in in-kind
services and $60,000.00 in monetary funds, from the VAI to be used for the design development
phase of a new general plan for the Park, is ratified, confirmed, and approved.
Section 3. The City Manager is hereby authorized' to execute a Gift Agreement, in
substantially the attached form, with VAI to effectuate this Gift as set forth in this Resolution
according to the terms set forth therein.
Section 4. The City Manager' is further authorized to negotiate and execute any and all
amendments and modifications to the Gift Agreement, in a form acceptable to the City Attorney,
as may be necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i _ndez, City Attor ey 1/12/2018
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 3078 (Revision: A) Printed on: 3/6/2018