HomeMy WebLinkAboutR-00-0484•
J-00-502
5/29/00 00— 484
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
BY A FOUR FIFTHS (4/5THs) AFFIRMATIVE VOTE,
AFTER. A DULY ADVERTISED PUBLIC HEARING,
WAIVING/ -THE REQUIREMENTS FOR COMPETITIVE
NEGOTIATIONS, AND RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT
IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE
CITY MANAGER TO NEGOTIATE THE PROVISIONS FOR
PROFESSIONAL SERVICES FOR THE CONSTRUCTION
AND MANAGEMENT OF PUBLIC, EDUCATIONAL AND
RECREATIONAL PROGRAMS AT GIBSON PARK,
LOCATED AT 450 NORTHWEST 14TH STREET, MIAMI,
FLORIDA (THE "PROPERTY"); AND AUTHORIZING
THE CITY MANAGER TO NEGOTIATE A MANAGEMENT
AGREEMENT WITH OVERTOWN YOUTH CENTER, INC.,
A NON-PROFIT CORPORATION, FOR THE
CONSTRUCTION AND MANAGEMENT OF A PORTION OF
THE PROPERTY FOR THE PURPOSE OF PROVIDING
PUBLIC, EDUCATIONAL AND RECREATIONAL
OPPORTUNITIES FOR THE COMMUNITY.
WHEREAS, the City desires to enter into a Management
Agreement (the "Agreement") for the construction and management
of a portion of the property located at 450 Northwest 14th
Street, Miami, Florida, a/k/a Gibson Park (the "Property"; and
WHEREAS, Overtown Youth Center, Inc. ("OYC") has expressed
interest in constructing, at its sole cost and expense, a
building of approximately 17,000 square feet plus a parking area
(the "Facility") on a portion of the Property for the purpose of
providing educational and recreational programs; and
CITY CbmusSION
MEETING OF
JUN N - ..8 2000
kesolution No.
•
•
WHEREAS, OYC shall be responsible for all costs and expenses
associated with the design, construction and permitting of the
Facility; and
WHEREAS, the City Commission determines that it is in the
best interest of the City to enter into negotiations with OYC for
OYC's construction and management of ajportion of the Property;
NOW, THEREFORE, BE IT RESOLVED BYiTHE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. By a four fifths (4/5th,) affirmative vote of
the members of the City Commission, after a duly advertised
public hearing, the City Manager's finding that competitive
negotiations would not .be practicable or advantageous for the
provision of professional services for the construction and
management of public, educational and recreational programs at
Gibson Park, located at 450 Northwest 14th Street, Miami, Florida
(the "Property"), is ratified, approved and confirmed.
Section 3. The City Manager is authorized" to negotiate
a Management Agreement (the "Agreement"), in a form acceptable to
the City Attorney, with Overtown Youth Center, Inc., a non-profit
corporation ("OYC"), for the construction and management of a
�i 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 Code
provisions.
Page 2 of 3 " r. 484
0
portion of the Property for the purpose of providing public,
educational and recreational opportunities for the community.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 8th day of June 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Payor did not lndtate approval of
this legislation by signing it in the designated place provided, said legisltic�rr
becomes effective with the elapse of ten (10) days fr the date of Com sicr, ion
regarding same, without the Mayor exerc' in a l
ATTEST: Walte oeman, City Clerk
WALTER J. FOEMAN
CITY CLERK_
APPR�XD AS/TO FORM AND CORRECTNESS:
AIfWWDRO VILARELLO
CI ATTORNEY
460:RCL
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten 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.
Page 3 of 3 GU—
-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM
RECOMMENDATION:
DATE: JUN - 1 2000 FILE
SUBJECT; Management Agreement between the
City of Miami & Overtown Youth
Center, Inc.
REFERENCES:
ENCLOSURES:
The administration recommends that the City Commission adopt the attached Resolution waiving
competitive negotiation procedures for the provision of professional services for the construction and
management of public, educational and recreational programs at Gibson Park, located at 450 NW 14
Street, Miami, Florida (the "Property"). This Resolution further authorizes the City Manager to
negotiate a Management Agreement ("Agreement") with Overtown Youth Center, Inc., a non-profit
corporation, for the construction and management of a portion of the Property for the purpose of
providing public, educational and recreational opportunities for the community.
BACKGROUND:
On December 14, 1999, the City Commission adopted Resolution 99-937 expressing its intent toaccept a
donation of $2 million from Martin Margulies for the construction of a youth facility at Gibson Park.
Subsequent to the December, 1999 Commission meeting, some preliminary drawings have been
completed and costs revised. The intent at this time is for Mr. Margulies to form a not-for-profit
corporation, the Overtown Youth Center ("OYC"), that will design, construct and operate this facility, at
its sole cost. The facility will contain approximately 17,000 square feet plus parking and will cost
approximately $2,725,000 to construct. The proposed facility will include both educational and sports
components. The OYC has agreed to raise the necessary funds for the continued operation and
maintenance of the facility in order to provide these programs to the community at no cost.
The attached resolution will waive the competitive negotiation process and authorize the City Manager to
negotiiattee an agreement with OYC.
CAG:G :LBV mCC Negotiation
,8
TO
FROM
0
CITY OF MIAMI, FLORIDA •
INTER -OFFICE MEMORANDUM
Honorable Mayor and DATE : JUN
Members of the City Commission
SUBJECT: Overtown Youth Center
REFERENCES:
ENCLOSURES:
FILE:
On January 13, 2000 the City Commission adopted Ordinance No. 11878 which amended
Chapter 18, Article III of the Code of the City of Miami to allow service related to cultural,
educational, recreational or park activities provided by non-profit organizations within City parks
to be awarded without competitive negotiations subject to a written finding by the City Manager
that competitive negotiations are not practical or advantageous.
On December 14, 1999, the City: Commission adopted Resolution 99-937 expressing its intent to
accept a donation of $2 million from Martin Margulies for the construction of a youth facility at
Gibson Park.
The City now desires to enter into a Management Agreement (the "Agreement") for the
construction and management of a portion of the property located at 450 NW 14 Street, a/k/a
Gibson Park ("Property"). Mr. Margulies will form a new non-profit corporation, Overtown
Youth Center, Inc: ("OYC"), that will donate a youth center to provide educational and
recreational programs to the community. OYC will design and construct, at its sole cost and
expense, a building of approximately 17,000 square feet plus a parking area (the "Facility") on a
portion of the Property. OYC will be responsible for all costs and expenses associated with the
design, construction and permitting of the Facility. Additionally, OYC will commit to raising
the necessary funds for the continued operation and maintenance of the Facility in order to
provide these programs to the community at no cost.
Therefore, based upon the foregoing, I find that the use of competitive negotiations for the
construction of this facility and the management of public, educational and recreational activities
at Gibson Park would not be practicable or advantageous and recommend the City Commission
authorize the negotiation of a management agreement with OYC.
CG:LB:af OYC Written Findings
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
June 8, 2000 at 9:30 AM in the City of Miami Commission Chambers at City Hall, 3500
Pan American Drive, Miami, Florida, for the purpose of waiving competitive negotiation
methods for the provision of professional services for the construction and management
of public, educational and recreational programs at Gibson Park, located at approximately
450 N.W. 14 Street, Miami, Florida (the "Property"); and authorizing the City Manager
to negotiate a management agreement (the "Agreement"), with Overtown Youth Center,
Inc., a non-profit corporation, for the construction and management of a portion of the
Property for the purpose of providing public, educational and recreational opportunities
for the community.
All interested persons are invited to appear and may be heard concerning such proposed
award. Should any person desire to appeal any decision of the City Commission with
respect to any matter considered at this hearing, that person shall ensure that a verbatim
record of the proceedings is made,, including all testimony and evidence upon which any
appeal may be based.
(City Seal)
Ad #
Walter Foeman
City Clerk
,TEL:
0
May 30'00 13:10 No -012 P.02
J-99-1073
12/1/99 �! e7 - (� e7
ry
RESOLUTION NO. 9
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING ITS INTENT TO ACCEPT A DONATION OF
$Z MILLION FROM MARTIN MARGULIES FOR THE
CONSTRUCTION OF A YOUTH FACILITY AT GIBSON
PARKi DIRECTING THE CITY MANAGER TO MEET WITH
MR. MARGULIES TO DISCUSS THE CONDITIONS
ASSOCIATED WITH THE ACCEPTANCE OF SAID
DONATION, A SPACE UTILIZATION PLAN, AND THE
OPERATION AND MANAGEMENT OF THE PROPOSE
FACILITY.AND TO PRESENT HIS RECOMMENDATIONS
TO THE CITY COMMISSION FOR ITS REVIEW' AND
CONSIDERATION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Commission hereby expresses its
intent to accept a donation of $3 Million from Martin Margulies
for the construction of a youth facility at Gibson Park.
Section 2. The City Manager is hereby directed to meet
with Mr. Margulies to discuss the conditions associated with -the
acceptance of said donation, a space utilization plan, and the
operation and maintenance of the proposed facility and to present
his recommendations to the City Commission for its review and
consideration.
a o�
DEC 14 399
s..ecoms tfo
7
8
TEL May 30'00 13:11 No.012 P.03
Section 3. Thio Resolution shall become effective
immediately upon its adoption and signature of the Mayor.41
PASSED AND ADOPTED this 14t day of December_ , 1999.
JOB CAROLLO, MAYOR
to acoorftwe with MWN Coda Sec. 2.38, alnce the Maw did nos ImAm t epwas of
this "fslation by signing it In the deslgpated glace provided, said VIA/a+=-
becomes eftedh a with the elapse of tort (10) days t the d r :.r►
regerdt sante, w(t w ho Mayor ex
ATTEST: WaW Clark
WALTER J. FOEMM
CITY CLERK r
ASXO XOI2,NVCM CORRECTNESS :&
2. -BSS
1� if the M&yor does not sign this Resolution, it shall become
effective at the and of ten 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.
(Page 2 of 2 �
TEL: May 30'00
J-00-30 � a
1/4/00
878
ORDINANCE NO.
13:11 No.012 P.04
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 18/ARTICLE III;OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, ;AS
AMENDED, ENTITLED "FINANCE/PURCHASING AND
CONTRACTS' GENERALLY", TO ALLOW SERVICES
RELATED TO CULTURAL, EDUCATIONAL,
RECREATIONAL OR PARK ACTIVITIES PROVIDED BY
NON-PROFIT ORGANIZATIONS WITHIN CITY PARKS TO
BE AWARDED WITHOUT COMPETITIVE NEGOTIATIONS;
MORE PARTICULARLY 8Y AMENDING SECTION 18-80;
CONTAINING- A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is desirous of obtaining the assistance of
non-profit organizations in providing community and park related
recreational services to its citizens; and
WHEREAS,- competitive bidding requirements. currently,
applicable to such non-profit organizations discourages their
participation in providing such services to the City within its
jurisdiction; and
WHEREAS, the City Commission after careful, consideration of
this matter deems it advisable and in the best interest of the.
general welfare of the City of Miami and its inhabitants to amend
the Code of the City of Miami, Florida;
s
TEL: May 30'00
13:11 No .012 P.05
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 18-80 of the Code of the City of
Miami,. Florida, as amended, is hereby amended in the following
particulare ii
"Chapter 18
FINANCE
ARTICLE III. Purchasing and Contracts Generally
Sec. 18-80. Competitive Negotiations
(a) Conditions for use.
(1) Competitive negotiations shall be used in
those circumstances in which it is both
practicable and advantageous for the city to
consider a range of competing plane,
specifications, standards, terms and
conditions so that adequate competition will
result and award be made not principally on
the basis of price, but to the offeror whose
proposal contains the most advantageous
combination of price, quality or . other
features.
(2) Competitive negotiations shall be used in the
procurement of personal and professional
services excepts
words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged.
Page 2 of 4�'.
O
*
TEL: May 30'00 13:1.2 No.012 P.06
a. Professional services as defined under
Code Section 18-81.
b. personal and professional services where
the fee for such services to be
performed is less than $50,000.00.
C. Legal and accounting services.
*„
Section 3. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid;
the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of. urgent public need for the
preservation of peace, health, safety and property of the City of
Miami. .
Section 6. The requirements of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four-fifths of the members of the Commission.
Page 3 of 4
TEL: May 30'00 13:12 No -012 P.07
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the'Mayor-11
PASSED,AND ADOPTED this 13th day of January 2000.
JOE WOLLO, MAYOR
in accotdame with (Miami Code Sec. 2.36, since the Mayor did. Wt indkze
this I4iftion by signing it in the designzt�: piacs
becomes effective with the etaps- as ton (10) du r,; f r.; if:: d.-z:a %crnm!. —
regarft ew, w, without the Mayor ex®rcising�
ATTEST- : ' Wafter J. Faemen,£"Ieft
WALTRK J. FOEMAN
et/
L If the Mayor does not sign this ordinance, it shall become effective at
the end of ten Calendar da from the data it was Passed and adapted.
It the Mayor vetoes elms ordinance, it shall become affective
immediately upon override of the veto by the City commission.
p
Page 4 of 4-14