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HomeMy WebLinkAboutAgenda Item Cover Page1T F� 93 AGENDA ITEM COVER PAGE 01A1t° " File ID: #8690 3 °3 F f O R,p? Resolution Sponsored by: Mayor Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE FINDINGS AND DETERMINATIONS OF THE CITY MANAGER, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THAT COMPETITIVE BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE CITY TO ALLOW THE ORANGE BOWL COMMITTEE, INC. ("OBC") TO UNDERTAKE AN IMPROVEMENTS, REPAIRS, AND MAINTENANCE PROJECT AT THE AT THE FOOTBALL FIELD AND ATHLETIC TRACK AT THE CITY'S MOORE PARK LOCATED AT 765 NORTHWEST 36T" STREET, MIAMI, FLORIDA ("MOORE PARK") WHEREBY (A) OBC WILL GRANT UP TO FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY, (B) THE CITY WILL PROVIDE A REIMBURSEMENT MATCH (ON A FIFTY PERCENT (50%) REIMBURSEMENT BASIS) NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO OBC, AND (C) THE CITY WILL PROVIDE A REIMBURSEMENT GRANT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO THE 2021 COLLEGE FOOTBALL PROGRAM NATIONAL CHAMPIONSHIP THROUGH ITS RECIPIENT SOUTH FLORIDA CFPNCG HOST COMMITTEE, LLC, A SOLE MEMBER LIMITED LIABILITY COMPANY WITH THE ONLY MEMBER BEING THE OBC ("SOUTH FLORIDA CFPNCG HOST COMMITTEE"), ALL IN CONNECTION WITH A 2021 LEGACY PROJECT AT MOORE PARK (COLLECTIVELY, "2021 LEGACY PROJECT"); WAIVING COMPETITIVE BIDDING IN CONNECTION WITH THE 2021 LEGACY PROJECT AT MOORE PARK; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A COOPERATIVE PROJECT GRANT AGREEMENT WITH OBC AND SOUTH FLORIDA CFPNCG HOST COMMITTEE AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, RENEWALS, EXTENSIONS, AND AMENDMENTS THERETO, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER FOR OCB TO DIRECT, SUPERVISE, MANAGE, AND OTHERWISE BE RESPONSIBLE FOR THE UNDERTAKING OF THE 2021 LEGACY PROJECT, TO ALLOW OCB TO SELECT QUALIFIED, LICENSED, BONDED, CERTIFIED, AND INSURED PRIVATE SECTOR CONTRACTORS TO UNDERTAKE IMPROVEMENTS, REPAIRS, AND MAINTENANCE CONSTITUTING THE 2021 LEGACY PROJECT, FOR THE OBC ENTITIES TO INDEMNIFY THE CITY, AND TO DOCUMENT FOR PROPER GOVERNMENTAL ACCOUNTING, REPORTING, AND AUDITING PURPOSES THE 2021 LEGACY PROJECT'S OBC GRANT, THE CITY'S MATCH, AND THE RELATED PUBLIC PURPOSE BENEFITS OCCURRING WITHIN THE CITY FROM THE 2021 COLLEGE FOOTBALL PROGRAM NATIONAL CHAMPIONSHIP FOR THE CITY GRANT TO THE SOUTH FLORIDA CFPNCG HOST COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO BUDGET, ALLOCATE, AND APPROPRIATE THE CITY'S MATCH TO OBC AND GRANT TO SOUTH FLORIDA CFPNCG HOST COMMITTEE IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) BY SEPARATE LEGISLATION; AND PROVIDING FOR AN EFFECTIVE DATE. G-,IV Op . City of Miami *' ISS°°1 il°4I° °° Legislation Resolution Enactment Number: R-21-0262 File Number: 8690 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:6/24/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE FINDINGS AND DETERMINATIONS OF THE CITY MANAGER, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THAT COMPETITIVE BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE CITY TO ALLOW THE ORANGE BOWL COMMITTEE, INC. ("OBC") TO UNDERTAKE AN IMPROVEMENTS, REPAIRS, AND MAINTENANCE PROJECT AT THE AT THE FOOTBALL FIELD AND ATHLETIC TRACK AT THE CITY'S MOORE PARK LOCATED AT 765 NORTHWEST 36T" STREET, MIAMI, FLORIDA ("MOORE PARK") WHEREBY (A) OBC WILL GRANT UP TO FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY, (B) THE CITY WILL PROVIDE A REIMBURSEMENT MATCH (ON A FIFTY PERCENT (50%) REIMBURSEMENT BASIS) NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO OBC, AND (C) THE CITY WILL PROVIDE A REIMBURSEMENT GRANT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO THE 2021 COLLEGE FOOTBALL PROGRAM NATIONAL CHAMPIONSHIP THROUGH ITS RECIPIENT SOUTH FLORIDA CFPNCG HOST COMMITTEE, LLC, A SOLE MEMBER LIMITED LIABILITY COMPANY WITH THE ONLY MEMBER BEING THE OBC ("SOUTH FLORIDA CFPNCG HOST COMMITTEE"), ALL IN CONNECTION WITH A 2021 LEGACY PROJECT AT MOORE PARK (COLLECTIVELY, "2021 LEGACY PROJECT"); WAIVING COMPETITIVE BIDDING IN CONNECTION WITH THE 2021 LEGACY PROJECT AT MOORE PARK; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A COOPERATIVE PROJECT GRANT AGREEMENT WITH OBC AND SOUTH FLORIDA CFPNCG HOST COMMITTEE AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, RENEWALS, EXTENSIONS, AND AMENDMENTS THERETO, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER FOR OCB TO DIRECT, SUPERVISE, MANAGE, AND OTHERWISE BE RESPONSIBLE FOR THE UNDERTAKING OF THE 2021 LEGACY PROJECT, TO ALLOW OCB TO SELECT QUALIFIED, LICENSED, BONDED, CERTIFIED, AND INSURED PRIVATE SECTOR CONTRACTORS TO UNDERTAKE IMPROVEMENTS, REPAIRS, AND MAINTENANCE CONSTITUTING THE 2021 LEGACY PROJECT, FOR THE OBC ENTITIES TO INDEMNIFY THE CITY, AND TO DOCUMENT FOR PROPER GOVERNMENTAL ACCOUNTING, REPORTING, AND AUDITING PURPOSES THE 2021 LEGACY PROJECT'S OBC GRANT, THE CITY'S MATCH, AND THE RELATED PUBLIC PURPOSE BENEFITS OCCURRING WITHIN THE CITY FROM THE 2021 COLLEGE FOOTBALL PROGRAM NATIONAL CHAMPIONSHIP FOR THE CITY GRANT TO THE SOUTH FLORIDA CFPNCG HOST COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO BUDGET, ALLOCATE, AND APPROPRIATE THE CITY'S MATCH TO OBC AND GRANT TO SOUTH FLORIDA CFPNCG HOST COMMITTEE IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) BY SEPARATE LEGISLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-08-0646 adopted November 13, 2008, attached and incorporated herein as Exhibit "B", the Orange Bowl Committee Inc.'s ("OBC") related entity, OBC Moore Park LLC, provided a grant of up to Two Million, Five Hundred Thousand Dollars ($2,500,000.00), the City of Miami ("City") provided a reimbursement match not to exceed Two Million, Five Hundred Thousand Dollars ($2,500,000.00), and the City and OBC Moore Park LLC entered into a grant project cooperation agreement for Project B-30625 for OBC Moore Park LLC to undertake the construction of a football stadium including interior track and field facilities at the City's Moore Park located at 765 Northwest 36T" Street, Miami, Florida ("Moore Park") as the Orange Bowl Legacy Gift Project B-30625 ("2008 Legacy Project"); and WHEREAS, the 2008 Legacy Project was completed in 2011 at a total cost of Five Million, Six Hundred Fifty Thousand Dollars ($5,650,000.00) with the OBC raising and contributing the additional Six Hundred Fifty Thousand Dollars ($650,000.00) over the original estimated project costs of Five Million Dollars ($5,000,000.00); and WHEREAS, in connection with the 2021 College Football Program National Championship through its recipient South Florida CFPNCG Host Committee, LLC ("South Florida CFPNCG Host Committee") and the OBC have requested for the City to allow OBC to undertake an update of the earlier 2008 Legacy Project in order to improve, repair, and maintain the football field and athletic track facilities at Moore Park involving (i) athletic track resurfacing, restriping, repairs, and improvements estimated at a cost of approximately One Hundred Twenty Thousand Dollars ($120,000.00), (ii) new football field turf estimated at a cost of approximately Seven Hundred Thousand Dollars ($700,000.00), (iii) a nine (9) year field maintenance plan as well as field fluff treatment estimated at a cost of approximately One Hundred Thirty Thousand Dollars ($130,000.00), and (iv) miscellaneous improvements such as replacing signage in the press box, scoreboard, bleacher tarps, and other repairs estimated at a cost of Fifty -Thousand Dollars ($50,000.00) (collectively, "2021 Legacy Project'); and WHEREAS, in order to undertake the 2021 Legacy Project, the OBC will provide a grant to the City not to exceed Five Hundred Thousand Dollars ($500,000.00) and is requesting for the City to make a reimbursement match not to exceed Five Hundred Thousand Dollars ($500,000.00) (on a fifty percent (50%) reimbursement basis) to OBC and a reimbursement grant to the South Florida CFPNCG Host Committee not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00), for a total City contribution not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), with all funding to be held by the OBC in a separate escrow account for the 2021 Legacy Project; and WHEREAS, Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), requires the City Commission, by a four -fifths (4/5ths) affirmative vote, after a duly noticed public hearing, to ratify, approve, and confirm the findings and determinations of the City Manager, attached and incorporated as Exhibit "A", that competitive bidding is not practicable or advantageous to the City in order for the City to allow the OBC to undertake the 2021 Legacy Project at Moore Park; to waive competitive bidding; and to authorize the City Manager to negotiate and execute, in a form acceptable to the City Attorney, a cooperative project grant agreement ("Agreement") with OBC and South Florida CFPNCG Host Committee and all other necessary documents, modifications, extensions, renewals, and amendments thereto, all in forms acceptable to the City Attorney, in order for OCB to direct, supervise, manage, and otherwise be responsible for the undertaking of the 2021 Legacy Project; to allow OCB to select qualified, licensed, bonded, certified, and insured private sector contractors for improvements, repairs, and maintenance constituting the 2021 Legacy Project; for the OBC entities to indemnify the City; and to document for proper governmental accounting, reporting, and auditing purposes the 2021 Legacy Project's OBC Grant, the City's match, and the related public purpose benefits occurring within the City from the 2021 College Football Program National Championship for the City Grant to the South Florida CFPNCG Host Committee; and WHEREAS, in order for to make the City's match to OBC and its Grant to the South Florida CFPNCG Host Committee relating to the 2021 Legacy Project, the OBC is requesting for the City Commission to authorize the City Manager to budget, allocate, and appropriate the City's funding in a total amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), which funding will need to occur through separate City budget legislation in the City's operating budget and capital plan budget; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals, findings, and determinations set forth in the Preamble to this Resolution are hereby adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, after a duly noticed public hearing, the City Commission, by a four -fifths (4/5t") affirmative vote, hereby ratifies, approves, and confirms the findings and determinations of the City Manager, attached and incorporated as Exhibit "A", that competitive bidding is not practicable or advantageous to the City in order for the City to allow the OBC to undertake the 2021 Legacy Project at Moore Park, whereby the OBC will grant an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) for the 2021 Legacy Project, the City will provide a reimbursement match (on a fifty percent (50%) reimbursement basis) in an amount not to exceed Five Hundred Thousand Dollars to the OBC, and the City will provide a reimbursement grant not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) to the College Football Program National Championship through its recipient South Florida CFPNCG Host Committee, all in connection with the 2021 Legacy Project, and waives competitive bidding therefor. Section 3. The City Commission authorizes' the City Manager to negotiate and execute, in a form acceptable to the City Attorney, an Agreement with OBC and South Florida CFPNCG Host Committee, and all other necessary documents, modifications, extensions, renewals, and amendments thereto, all in forms acceptable to the City Attorney, in order for OCB to direct, supervise, manage, and otherwise be responsible for the undertaking of the 2021 Legacy Project; to allow OCB to select qualified, licensed, bonded, certified, and insured private sector contractors for improvements, repairs, and maintenance constituting the 2021 Legacy Project; for the OBC entities to indemnify the City; and to document for proper governmental accounting, reporting, and auditing purposes the 2021 Legacy Project's OBC Grant, the City's match, and the related public purpose benefits occurring within the City from the 2021 College Football Program National Championship for the City Grant to the South Florida CFPNCG Host Committee. Section 4. The City Manager is further authorized' to budget, allocate, and appropriate the City's match to OBC and grant to the South Florida CFPNCG Host Committee in a total amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) by separate legislation. 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. Section 5. This Resolution shall be effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 &ina City Httor ey 6/1412021 Z 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.