Miami-Dade Legislative Item
File Number: 073137
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File Number: 073137 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1170-07 Control:
File Name: WAIVER OF FORMAL BID PROCEDURES OF THE HOME RULE CHARTER Introduced: 10/24/2007
Requester: Park & Recreation Department Cost: Final Action: 10/16/2007
Agenda Date: 10/16/2007 Agenda Item Number: 8M1A
Notes: [EG] THIS IS FINAL VERSION AS ADOPTED. ALSO SEE ORIGINAL ITEM #072553 Title: RESOLUTION AUTHORIZING THE WAIVER OF FORMAL COMPETITIVE BID PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE A GRANT AGREEMENT WITH MEMORIAL CUBANO, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE DESIGN AND CONSTRUCTION OF A CUBAN MEMORIAL MONUMENT AT TAMIAMI PARK FOR AND ON BEHALF OF MIAMI-DADE COUNTY, AND TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 072553]
Indexes: BID WAIVER
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 12/3/2007 Assigned Diamela Del Castillo 12/28/2007

County Manager 10/24/2007 Assigned Alex Munoz 10/24/2007

Board of County Commissioners 10/16/2007 8M1A Amended Adopted as amended P
REPORT: Commissioner Martinez recognized representatives from Memorial Cubano, Inc. and Florida International University who were working together on the proposed Cuban Memorial Monument at Tamiami Park. Assistant County Attorney Diamela Del Castillo read the following amendment(s) to the foregoing proposed resolution: -Page 1 of the item under the paragraph entitled “Fiscal Impact/Funding Source” in the first line, the phrase “Capital Outlay Reserve Funds (CORF)” would be stricken and replaced with the phrase “Financing Proceeds;” -Page 5, fifth line, the phrase “Capital Outlay Reserve Funds (CORF)” would be stricken and replaced with the phrase “Financing Proceeds;” -Page 5, third line from the bottom, “CORF Funds” would be stricken and replaced with “Financing Proceeds;” -Page 18, fifth paragraph, the phrase “County Capital Outlay reserve Funds (CORF)” would be stricken and replaced with “Financing Proceeds; -Page 18, sixth paragraph, “CORF monies” would be stricken and replaced with “Financing Proceeds;” -Page 19, Article 2, paragraph 2.5 would be inserted under paragraph 2.4, and would read as follows: “The MEMORIAL CUBANO agrees to procure construction services in accordance with Section 255.20, Florida Statutes.” -Page 20, under Article 4, entitled “Amount Payable” in paragraph 4.1, line 2, the phrase “CORF” would be replaced with the word “Financing” and in paragraph 4.2, line 2, the phrase “CORF monies” would be replaced with “Financing Proceeds; -Page 23, Article 8, entitled “Payment and Performance Bond,” the word “through” in line 1 would be stricken and replaced with “and;” a new phrase “or such other alternate form of security” would be added after the phrase “separate performance bond” in line 2. The paragraph would read: “The MEMORIAL CUBABNO, and its contractor, shall obtain and deliver to the COUNTY a payment bond and separate performance bond or such other alternate form of security, each which meet the requirements …” Commissioner Sosa expressed appreciation to Commissioner Martinez for sponsoring the foregoing proposed resolution. The County Commission by motion duly made, seconded and carried, voted to adopt the foregoing proposed resolution with the amendments noted by Assistant County Attorney Del Castillo.

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE WAIVER OF FORMAL COMPETITIVE BID PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE A GRANT AGREEMENT WITH MEMORIAL CUBANO, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE DESIGN AND CONSTRUCTION OF A CUBAN MEMORIAL MONUMENT AT TAMIAMI PARK FOR AND ON BEHALF OF MIAMI-DADE COUNTY, AND TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN


BODY
WHEREAS, MEMORIAL CUBANO, INC. (MEMORIAL CUBANO) was founded in 2003 as a Florida non-profit organization dedicated to honoring the victims of Fidel Castro’s regime; and

WHEREAS, The Memorial Cubano project constitutes a fervent effort by the Cuban exile community joining forces to denounce the history of crimes committed by Fidel Castro’s regime since January 1st 1959, and is a tribute to the thousands of victims who have made the ultimate sacrifice for freedom and democracy for Cuba; and

WHEREAS, once a year the Cuban Memorial honors the victims of communist Cuba’s government, including those who died in Cuban prisons, rafters who perished at sea while trying to escape, and those who were killed by firing squads, through the placement of white crosses for each confirmed and verified death attributed to the Castro regime; and

WHEREAS, MEMORIAL CUBANO desires to design, permit, and construct a Cuban Memorial Monument at Tamiami Park in compliance with all federal, state, and local laws (herein also referred to as the Project”); and

WHEREAS, the Board desires to give the MEMORIAL CUBANO a grant in an amount not to exceed $200,000 for the Project to be funded from financing proceeds; and

WHEREAS, the County owns Tamiami Park, located at 11201 SW 24th Street,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The recital clauses enumerated above are true and correct and are incorporated herein by reference.

Section 2. This Board finds that it is in the best interest of the County to waive formal competitive bid procedures pursuant to Section 5.03(D) of the Home Rule Charter and Section 2-8.1(B) of the Code of Miami-Dade County by a two-thirds (2/3) vote of the Board members present, and authorizes the County Mayor or his designee to execute a grant agreement with MEMORIAL CUBANO, INC., substantially in the form attached hereto and made a part hereof, in an amount not to exceed $200,000 of financing proceeds, to design and construct a Cuban Memorial Monument at Tamiami Park for and on behalf of Miami-Dade County, and to exercise any cancellation and renewal provisions and any and all other rights conferred therein.


HEADER
Date:


To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners


From: George M. Burgess
County Manager


Subject: Cuban Memorial Monument Grant Agreement

STAFF RECOMMENDATION
It is recommended that the Board waive formal competitive bid procedures pursuant to Section 5.03(D) of the Home Rule Charter and Section 2-8.1(B) of the Code of Miami-Dade County, and authorize execution of a grant agreement with Memorial Cubano, Inc. in an amount not to exceed $200,000, for the design and construction of a Cuban Memorial Monument at Tamiami Park.

Scope
Tamiami Park is located at 11201 SW 24 Street in Commission District 11.

Fiscal Impact/Funding Source
The grant award of $200,000 consists of financing proceeds allocated for the construction of the Cuban Memorial Monument at Tamiami Park.

Track Record/Monitor
This is the first project by Memorial Cubano, Inc. with the Miami-Dade County Park and Recreation Department (PRD). The PRD, Planning and Development Section will monitor the grant agreement.

MANAGER'S BACKGROUND
Memorial Cubano, Inc. was founded in 2003 as a Florida non-profit organization dedicated to honoring the victims of communist Cuba’s government. Once a year, for the past five years, the group has held a memorial at Tamiami Park to denounce the history of crimes committed by Fidel Castro’s regime and pay tribute to the thousands of victims who have made the ultimate sacrifice for freedom and democracy for Cuba.

In 2006, Memorial Cubano, Inc. approached the PRD offering to place the permanent monument in Tamiami Park (Exhibit 1). In accordance with Administrative Order 1-3, Gifts to the County, donations of artwork or commerative structures of artistic merit shall be reviewed by Art in Public Places. PRD submitted an application for Art in Public Places Review and subsequently on February 16, 2006 received a favorable recommendation from Art in Public Places for a Cuban Memorial Monument in Tamiami Park (Exhibit 2).

The Cuban Memorial Monument project is estimated to cost approximately $725,715. As sponsor and manager of the project, Memorial Cubano, Inc. has secured $100,000 of in-kind donations for the architectural and engineering services, and has committed to provide $425,715 of cash and in-kind donations for the cost of construction above the County’s grant award. This grant is structured on a reimbursement basis, and funds will be distributed as Memorial Cubano Inc. submits certified payment requests to PRD. This grant has a funding ratio of greater than 2 to 1 of Memorial Cubano funds to County funds.

Given Memorial Cubano Inc.’s vision for this memorial project and its commitments to funding, design, construction, and long-term care, it is in the best interest of the County to waive formal competitive bid procedures pursuant to Section 5.03(D) and 2-8.1(B) of the code of Miami-Dade County and authorize award of the County’s $200,000 in funding for the project as a grant to Memorial Cubano, Inc. (Exhibit 3). Awarding this grant to Memorial Cubano, Inc. will contribute positively to the County by providing a commerative structure to educate the public on the history of this struggle. The memorial will be located on a site within Tamiami Park that is not in conflict with any current or future park use.


Attachments







______________________________
Alex Muñoz
Assistant County Manager




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