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File ID: #5994
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Resolution
Sponsored by: Commissioner Wifredo Gort
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
FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CODE"); WAIVING THE REQUIREMENTS
FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM
THE DISTRICT 1 ROLLOVER OFFICE ACCOUNT NO. 15500.114000.882000, IN AN
AMOUNT NOT TO EXCEED THIRTY TWO THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($32,750.00) ("FUNDS"), TO XAVIER CORTADA, INC., A FLORIDA
PROFIT CORPORATION ("XAVIER CORTADA"), FOR RESTORATION AND
ENHANCEMENT OF THE EXISTING ART, LOCATED ON THE 17TH AVENUE
UNDERPASS RAMP IN THE ALLAPATTAH COMMUNITY OF THE CITY OF MIAMI
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROJECT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
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City of Miami
City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
s, 4 www.miamigov.com
Resolution
Enactment Number: R-19-0231
File Number: 5994 Final Action Date:6/13/2019
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
FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CODE"); WAIVING THE REQUIREMENTS
FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM
THE DISTRICT 1 ROLLOVER OFFICE ACCOUNT NO. 15500.114000.882000, IN AN
AMOUNT NOT TO EXCEED THIRTY TWO THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($32,750.00) ("FUNDS"), TO XAVIER CORTADA, INC., A FLORIDA
PROFIT CORPORATION ("XAVIER CORTADA"), FOR RESTORATION AND
ENHANCEMENT OF THE EXISTING ART, LOCATED ON THE 17TH AVENUE
UNDERPASS RAMP IN THE ALLAPATTAH COMMUNITY OF THE CITY OF MIAMI
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROJECT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the existing art located on the 17th Avenue underpass ramp in the Allapattah
Community of the City of Miami ("City") consisting of murals of an alligator and mangrove
seedlings requires restoration; and
WHEREAS, the District 1 Commissioner has received a proposal from Xavier Cortada,
Inc., a Florida profit corporation ("Xavier Cortada"), for the restoration and enhancement of said
existing art, attached and incorporated as Exhibit "B" ("Project"); and
WHEREAS, the District 1 Commissioner wishes to allocate funds from the District 1
Rollover Office Account No. 15500.114000.882000 in an amount not to exceed Thirty Two
Thousand Seven Hundred Fifty Dollars ($32,750.00) ("Funds") to Xavier Cortada for the Project;
and
WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended ("City Code"), the City Manager has made a written determination that competitive
bidding is not practicable or advantageous for the City in addressing the Project and seeks a
waiver of the requirements for said procedures; and
WHEREAS, the City Manager is requesting authority from the City Commission to
negotiate and execute any and all documents necessary to effectuate the Project, all in a form
acceptable to the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the City Code, by a four-fifths (4/5ths)
affirmative vote, after an advertised public hearing, the City Manager's finding that competitive
negotiation methods and procedures are not practicable or advantageous to the City in
addressing the Project and waiving the requirements for said procedures is ratified, approved,
and confirmed.
Section 3. The City Manager is authorized' to allocate Funds from the District 1 Rollover
Office Account No. 15500.114000.882000 to Xavier Cortada for the Project.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
documents necessary to effectuate the Project, all in a form acceptable to the City Attorney.
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 iey 6/4/2019
' 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.