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File ID: #1026
Resolution
Sponsored by: Tomas Regalado
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION
AND WRITTEN FINDING, 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 DONATING $85,000.00 ("GIFT") TO BE USED, SOLELY
AND EXCLUSIVELY, FOR TOURISM KIOSKS ("KIOSKS") ON GRAND AVENUE IN
COCONUT GROVE FOR THE GRAND AVENUE KIOSK PROJECT ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT BETWEEN THE
CITY OF MIAMI AND THE COLLABORATIVE DEVELOPMENT CORPORATION F/K/A
COCONUT GROVE COLLABORATIVE, INC. ("CDC"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, PROVIDING THAT CDC INDEMNIFY THE CITY, MAINTAIN THE KIOSKS,
SEEK CITY APPROVAL OF THE DESIGN, AND PROVIDING THAT CDC PURCHASES AND
FULLY INSTALLS THE KIOSKS WITHIN ONE (1) YEAR FROM THE DATE OF EXECUTION,
OTHERWISE PROVIDING THAT CDC WILL PROMPTLY RETURN THE FULL AMOUNT OF
THE GIFT TO THE CITY.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS
RECOMMENDATION AND WRITTEN FINDING, 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 DONATING $85,000.00 ("GIFT") TO BE USED, SOLELY AND
EXCLUSIVELY, FOR TOURISM KIOSKS ("KIOSKS") ON GRAND AVENUE IN
COCONUT GROVE FOR THE GRAND AVENUE KIOSK PROJECT ("PROJECT");
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE COLLABORATIVE DEVELOPMENT
CORPORATION F/K/A COCONUT GROVE COLLABORATIVE, INC. ("CDC"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING THAT CDC
INDEMNIFY THE CITY, MAINTAIN THE KIOSKS, SEEK CITY APPROVAL OF THE
DESIGN, AND PROVIDING THAT CDC PURCHASES AND FULLY INSTALLS THE
KIOSKS WITHIN ONE (1) YEAR FROM THE DATE OF EXECUTION, OTHERWISE
PROVIDING THAT CDC WILL PROMPTLY RETURN THE FULL AMOUNT OF THE
GIFT TO THE CITY.
WHEREAS, the Collaborative Development Corporation, a Florida Not for Profit
Corporation, f/k/a Coconut Grove Collaborative, Inc.'s ("CDC"), proposed a Grand Avenue Kiosk
Project ("Project") which is intended to support and promote local businesses in the Coconut
Grove Village West neighborhood in Miami, Florida by increasing and promoting tourism
through the installation of tourism kiosks ("Kiosks") along Grand Avenue; and
WHEREAS, it is imperative to CDC that the Project launch prior to the height of Miami's
tourism season, which begins in December, and therefore, in an effort to meet the timing
requirements of CDC's needs for the development, implementation, and administration of the
Project, the Department of Procurement and the City Manager have determined that it is not
practicable and advantageous to the City of Miami ("City") to adhere to competitive sealed
bidding methods and, therefore, recommends waiver of competitive bidding methods and a
donation of $85,000.00 ("Gift") to CDC solely and exclusively for the purpose of purchasing and
installing the Kiosks; and
WHEREAS, the Kiosks serve a valued public purpose as they will assist in the promotion
of public safety, increase tourism and visibility to this community, and improve economic
development; and
WHEREAS, the Kiosks further the public welfare and enhance aspects of public
recreation and public accessibility to the area of the City in which the Kiosks will be placed;
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City of Miami
City Hall
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Legislation
3500 Pan American Drive
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Miami, FL 33133
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Resolution
www.miamigov.com
Enactment Number: R-16-0479
File Number: 1026
Final Action Date:10/13/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS
RECOMMENDATION AND WRITTEN FINDING, 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 DONATING $85,000.00 ("GIFT") TO BE USED, SOLELY AND
EXCLUSIVELY, FOR TOURISM KIOSKS ("KIOSKS") ON GRAND AVENUE IN
COCONUT GROVE FOR THE GRAND AVENUE KIOSK PROJECT ("PROJECT");
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE COLLABORATIVE DEVELOPMENT
CORPORATION F/K/A COCONUT GROVE COLLABORATIVE, INC. ("CDC"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING THAT CDC
INDEMNIFY THE CITY, MAINTAIN THE KIOSKS, SEEK CITY APPROVAL OF THE
DESIGN, AND PROVIDING THAT CDC PURCHASES AND FULLY INSTALLS THE
KIOSKS WITHIN ONE (1) YEAR FROM THE DATE OF EXECUTION, OTHERWISE
PROVIDING THAT CDC WILL PROMPTLY RETURN THE FULL AMOUNT OF THE
GIFT TO THE CITY.
WHEREAS, the Collaborative Development Corporation, a Florida Not for Profit
Corporation, f/k/a Coconut Grove Collaborative, Inc.'s ("CDC"), proposed a Grand Avenue Kiosk
Project ("Project") which is intended to support and promote local businesses in the Coconut
Grove Village West neighborhood in Miami, Florida by increasing and promoting tourism
through the installation of tourism kiosks ("Kiosks") along Grand Avenue; and
WHEREAS, it is imperative to CDC that the Project launch prior to the height of Miami's
tourism season, which begins in December, and therefore, in an effort to meet the timing
requirements of CDC's needs for the development, implementation, and administration of the
Project, the Department of Procurement and the City Manager have determined that it is not
practicable and advantageous to the City of Miami ("City") to adhere to competitive sealed
bidding methods and, therefore, recommends waiver of competitive bidding methods and a
donation of $85,000.00 ("Gift") to CDC solely and exclusively for the purpose of purchasing and
installing the Kiosks; and
WHEREAS, the Kiosks serve a valued public purpose as they will assist in the promotion
of public safety, increase tourism and visibility to this community, and improve economic
development; and
WHEREAS, the Kiosks further the public welfare and enhance aspects of public
recreation and public accessibility to the area of the City in which the Kiosks will be placed;
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 finding pursuant to Section 18-85 of the Code
of the City of Miami, Florida, as amended, waiving the requirements for competitive sealed
bidding procedures as not being practicable or advantageous to the City, for purposes of
donating the Gift to be used, solely and exclusively, for the Project, is ratified, confirmed, and
approved.
Section 3. The City Manager is authorized' to execute a Gift Agreement between the
City and CDC, in a form acceptable to the City Attorney, providing that CDC indemnify the City,
maintain the kiosks, seek City approval of the design, and providing that CDC purchases and
fully installs the Kiosks within one (1) year from the date of execution, otherwise providing that
CDC will promptly return the full amount of the Gift to the City.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
"ri dez, Gity Httor ey 10/3/2016
1 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.