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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney DATE: January 16, 2021 RE: Resolution No. 21-0018 - Bid Information File No. 8319 9Z11 z Waiver - Bollettieri Tennis and Learning At its January 14, 2021 meeting, the City Commission adopted the above referenced agenda item, PH.8, authorizing and directing the City Manager to execute an agreement, in a form acceptable to the City Attorney and Bond Counsel, with Bollettieri Tennis and Learning, Inc., a Florida not -for -profit corporation, to provide after -school tennis learning services for at - risk youth at Charles Hadley Park and Shenandoah Park for the contract period commencing February 1, 2021 and ending January 31, 2022. The item's title, body, and section had inapplicable language inadvertently included and the item's title had an "and" between the two park names inadvertently excluded. Also, the Legislation was inadvertently incremented from Revision A to Revision B with no changes reflected between the two versions. The corrected Legislation has been placed in Revision B. VM/BLM/JMS/vja Enclosure(s) a o c, n7 L nq °= {"f C ac, M �. 8319 Scrivener's Error Memo City of Miami f Legislation Resolution: R-21-0018 File Number: 8319 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2021 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 RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18- 86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR BOLLETTIERI TENNIS AND LEARNING, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("BOLLETTIERI") TO PROVIDE AFTER -SCHOOL TENNIS LEARNING SERVICES FOR AT -RISK YOUTH AT CHARLES HADLEY PARK AND SHENANDOAH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING FEBRUARY 1, 2021 AND ENDING JANUARY 31, 2022 ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE AUTHORIZATION LETTERS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSES. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Joe Carollo WHEREAS, the Bollettieri Tennis And Learning, Inc. a Florida not -for -profit corporation ("Bollettieri"), was formed with a mission of assisting and promoting at -risk youth involvement in after school activities; and WHEREAS, Bollettieri was founded by tennis star and legend Nick Bollettieri who, for years, has been working to bring tennis to inner-city children and wishes to provide tennis learning sessions to at -risk youth at the City of Miami's ("City") Charles Hadley Park and Shenandoah Park (collectively, "Parks"); and WHEREAS, the City's Department of Parks and Recreation ("Department") has recommended and found that Bollettieri is the most qualified firm to provide said tennis learning services at the Parks; and City of Miami Page 1 of 2 File ID: 8319 (Revision: 8) Printed On: 111912021 File ID: 8319 Enactment Number: R-21-0018 WHEREAS, both the City and Bollettieri understand that both Parks contain properties that were renovated/improved by tax-exempt bond funding, which requires both the City and Bollettieri to comply with Internal Revenue Code rules and regulations regarding uses of tax- exempt bond -financed facilities; and WHEREAS, the City Manager has approved the recommendation and finding of the Department and has made a finding, attached and incorporated as Exhibit "A," that pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable nor advantageous for obtaining said Programming and has recommended to the City Commission that the recommendation and finding, attached and incorporated as Exhibit "A," be adopted and that competitive bidding methods and procedures be waived; 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 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 recommendations and finding, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable nor advantageous to the City pursuant to Section 18-86(a)(3)(c) of the City Code and waiving the requirements for said procedures is ratified, approved, and confirmed and the City Manager's recommendation and finding, attached and incorporated as Exhibit "A," that competitive negotiation methods are not practicable nor advantageous to provide said Programming at the Park is approved. Section 3. The City Manager is authorized' to negotiate and execute an Agreement, in a form acceptable to the City Attorney and Bond Counsel, for the contract period commencing February 1, 2021 and ending January 31, 2022. Section 4. The City Manager is further authorized' to negotiate and execute service authorization letters and any and all other necessary documents, amendments, extensions, renewals, and modifications, all in forms acceptable to the City Attorney and Bond Counsel, for said purposes. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : ndez, JC ity Attor ey 1/5/2021 ' 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. City of Miami Page 2 of 2 File ID: 8319 (Revision: 8) Printed on: 111912021 City of Miami f Legislation Resolution: R-21-0018 File Number: 8319 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2021 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 RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18- 86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR BOLLETTIERI TENNIS AND LEARNING, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("BOLLETTIERI") TO PROVIDE AFTER -SCHOOL TENNIS LEARNING SERVICES FOR AT -RISK YOUTH AT CHARLES HADLEY PARK AND SHENANDOAH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING FEBRUARY 1, 2021 AND ENDING JANUARY 31, 2022 ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE AUTHORIZATION LETTERS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSES. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Joe Carollo WHEREAS, the Bollettieri Tennis And Learning, Inc. a Florida not -for -profit corporation ("Bollettieri"), was formed with a mission of assisting and promoting at -risk youth involvement in after school activities; and WHEREAS, Bollettieri was founded by tennis star and legend Nick Bollettieri who, for years, has been working to bring tennis to inner-city children and wishes to provide tennis learning sessions to at -risk youth at the City of Miami's ("City") Charles Hadley Park and Shenandoah Park (collectively, "Parks"); and WHEREAS, the City's Department of Parks and Recreation ("Department") has recommended and found that Bollettieri is the most qualified firm to provide said tennis learning services at the Parks; and City of Miami Page 1 of 2 File ID: 8319 (Revision: A) Printed On: 111912021 File ID: 8319 Enactment Number: R-21-0018 WHEREAS, both the City and Bollettieri understand that both Parks contain properties that were renovated/improved by tax-exempt bond funding, which requires both the City and Bollettieri to comply with Internal Revenue Code rules and regulations regarding uses of tax- exempt bond -financed facilities; and WHEREAS, the City Manager has approved the recommendation and finding of the Department and has made a finding, attached and incorporated as Exhibit "A," that pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable nor advantageous for obtaining said Programming and has recommended to the City Commission that the recommendation and finding, attached and incorporated as Exhibit "A," be adopted and that competitive bidding methods and procedures be waived; 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 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 recommendations and finding, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable nor advantageous to the City pursuant to Section 18-86(a)(3)(c) of the City Code and waiving the requirements for said procedures is ratified, approved, and confirmed and the City Manager's recommendation and finding, attached and incorporated as Exhibit "A," that competitive negotiation methods are not practicable nor advantageous to provide said Programming at the Park is approved. Section 3. The City Manager is authorized' to negotiate and execute an Agreement, in a form acceptable to the City Attorney and Bond Counsel, for the contract period commencing February 1, 2021 and ending January 31, 2022. Section 4. The City Manager is further authorized' to negotiate and execute service authorization letters and any and all other necessary documents, amendments, extensions, renewals, and modifications, all in forms acceptable to the City Attorney and Bond Counsel, for said purposes. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : ndez, JC ity Attor ey 1/5/2021 ' 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. City of Miami Page 2 of 2 File ID: 8319 (Revision: A) Printed on: 111912021 City of Miami f Legislation Resolution: R-21-0018 File Number: 8319 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2021 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 RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18- 86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", OF THE CITY MANAGER THAT THE BOLLETTIERI TENNIS AND LEARNING, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BOLLETTIERI"), IS THE MOST QUALIFIED FIRM TO PROVIDE AFTER -SCHOOL TENNIS LEARNING SERVICES FOR AT -RISK YOUTH AT CHARLES HADLEY PARK SHENANDOAH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING FEBRUARY 1, 2021 AND ENDING JANUARY 31, 2022 ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE AUTHORIZATION LETTERS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSES. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Joe Carollo WHEREAS, the Bollettieri Tennis And Learning, Inc. a Florida not -for -profit corporation ("Bollettieri"), was formed with a mission of assisting and promoting at -risk youth involvement in after school activities; and WHEREAS, Bollettieri was founded by tennis star and legend Nick Bollettieri who, for years, has been working to bring tennis to inner-city children and wishes to provide tennis learning sessions to at -risk youth at the City of Miami's ("City") Charles Hadley Park and Shenandoah Park (collectively, "Parks"); and WHEREAS, the City's Department of Parks and Recreation ("Department") has recommended and found that Bollettieri is the most qualified firm to provide said tennis learning services at the Parks; and WHEREAS, both the City and Bollettieri understand that both Parks contain properties that were renovated/improved by tax-exempt bond funding, which requires both the City and City of Miami Page 1 of 2 File ID: 8319 (Revision:) Printed On: 111512021 File ID: 8319 Enactment Number: R-21-0018 Bollettieri to comply with Internal Revenue Code rules and regulations regarding uses of tax- exempt bond -financed facilities; and WHEREAS, the City Manager has approved the recommendations and finding of the Department and has made a finding, attached and incorporated as Exhibit "A", that pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable or advantageous for obtaining said services and has recommended to the City Commission that the recommendations and finding, attached and incorporated as Exhibit "A", be adopted and that competitive bidding methods and procedures be waived; 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 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 recommendations and finding, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-86(a)(3)(c) of the City Code and waiving the requirements for said procedures is ratified, approved, and confirmed and the City Manager's recommendations and finding, attached and incorporated as Exhibit "A", that Bollettieri is the most qualified firm to provide after -school tennis learning services for at -risk youth at the Parks is approved. Section 3. The City Manager is authorized' to negotiate and execute an Agreement, in a form acceptable to the City Attorney and Bond Counsel, for the contract period commencing February 1, 2021 and ending January 31, 2022. Section 4. The City Manager is further authorized' to negotiate and execute service authorization letters and any and all other necessary documents, amendments, extensions, renewals, and modifications, all in forms acceptable to the City Attorney and Bond Counsel, for said purposes. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: i ria i "ndez, Cify Attomey 1/5/2021 ' 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. City of Miami Page 2 of 2 File ID: 8319 (Revision:) Printed on: 111512021