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HomeMy WebLinkAboutAgenda Item Cover Page-'' AGENDA ITEM COVER PAGE File ID: #8618 Resolution Sponsored by: Commissioner Jeffrey Watson 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 FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") 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 CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR FIRST SERVE MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE TENNIS PROGRAMMING AT MOORE PARK TENNIS CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROGRAMMING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; 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 PURPOSE. �tzY,°v City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 r O g % www.miamigov.com Resolution Enactment Number: R-21-0086 File Number: 8618 Final Action Date:2/25/2021 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 RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") 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 CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR FIRST SERVE MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE TENNIS PROGRAMMING AT MOORE PARK TENNIS CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROGRAMMING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; 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 PURPOSE. WHEREAS, First Serve Miami, Inc., a Florida not for profit corporation ("First Serve"), was formed with a mission to develop, organize, and conduct education, tennis awareness, and skills development programs for youth from economically and socially challenged communities in Miami -Dade County; and WHEREAS, First Serve has been working to bring tennis to inner-city children and wishes to provide tennis learning sessions to at -risk youth ("Programming") at Moore Tennis Park ("Park"); and WHEREAS, the City of Miami's ("City") Department of Parks and Recreation ("Department") has recommended and found that First Serve is qualified to provide said Programming at the Park; and WHEREAS, both the City and First Serve understand that the Park contains properties that were renovated/improved by tax-exempt bond funding, which requires both the City and First Serve 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 or 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 recommendation 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. Section 3. The City Manager is authorized' to negotiate and execute an Programming Agreement, in a form acceptable to the City Attorney and Bond Counsel. 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 purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.