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HomeMy WebLinkAboutAgenda Item Summary Formjv� RY OFe°"+u AGENDA ITEM SUMMARY FORM File ID: #3078 Date: 10/20/2017 Requesting Department: Office of Resilience and Sustainability Commission Meeting Date: 12/14/2017 District Impacted: All Type: Resolution Subject: Accept Gift Agreement - Van Alen Institute "INCOMPLETE (ITEM WAS ADOPTED WITH MODIFICATIONS). PENDING FINAL APPROVAL AS TO FORM AND CORRECTNESS BY CITY ATTORNEY." Purpose of Item: 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 Managers recommendation and written findings, 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 for purposes of accepting the donation of approximately $180,000 ("the gift"), $120,000 in in-kind services and $60,000 in monetary funds from the Van Alen Institute ("VAI"), a New York City 501(c)(3), not for profit organization. The Gift is to be used for the design development phase of a new general plan for Jose Marti Park ("the Park"), this design phase would involve developing a new general plan for the Park, taking into consideration increasing flood risks associated with sea level rise, unique cultural heritage of Little Havana, increasing use related to developments surrounding the Park, and considering parking, transportation and access issues (the "Project"). Authorizing the City Manager to execute a Gift Agreement between the City of Miami 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. Background of Item: VAI is a non-profit organization that 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. As a public benefit, VAI is donating their professional consulting services to the City, for the provision of advising, providing input, assisting with community engagement, and other services to assist the City with the design phase of the Park. This design phase would involve developing a new general plan for the Park, taking into consideration increasing flood risks associated with sea level rise, unique cultural heritage of Little Havana, increasing use related to developments surrounding the Park, and considering parking, transportation and access issues. 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. 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. The Gift is approximately $120,000 in in-kind services, and $60,000 in monetary funds to be used to compensate the Design Team selected through the City's Request for Qualifications process, for the conceptual design. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Office of Resilience and Sustainability Review Completed 10/24/2017 8:06 AM Department of Procurement Annie Perez Office of Management and Budget Jacques Joseph Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Daniel J. Alfonso Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Joyce Jones City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Jane Gilbert Department Head Procurement Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 10/30/2017 8:01 AM 10/31/2017 9:50 AM 11/03/2017 2:46 AM 11/03/2017 8:06 AM 11/03/2017 9:13 AM 11/04/2017 8:50 AM 11/04/2017 9:24 AM 11/06/2017 2:22 PM 11/16/2017 9:00 AM 12/14/2017 9:00 AM 12/22/2017 12:10 PM 12/22/2017 12:51 PM 01/08/2018 1:19 PM 01/08/2018 2:00 PM Completed 01/12/2018 10:25 AM File Number: 3078 City of Miami Legislation Resolution Enactment Number: R-17-0606 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 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 11/612017 ' 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.