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Home My WebLink AboutAgenda Item Summary Forme,,.„A„ * AGENDA ITEM SUMMARY FORM � File ID: #13747 Og4 Date: 03/24/2023 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 04/13/2023 Sponsored By: District Impacted: District 1 Type: Resolution Subject: Bid Waiver - Allapattah-Wvnwood Community Dev. Inc. Purpose of Item: For the purpose of providing low-cost day-care service to area residents for a monthly use fee equal to one dollar ($1.00) plus taxes, if applicable with terms and conditions as more specifically set forth in said agreement-, further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said agreement, in a form acceptable to the City Attorney, as may be necessary. Background of Item: The City is the owner of the property located at 1500 NW 16th Avenue (the "Property"), previously known as the Allapattah Mini Park. Pursuant to a Revocable Permit ("RP") issued by the City on April 17, 1991, the Licensee was authorized to use the Property to provide day care services to young children of the Allapattah area. The RP expired April 17, 2001. The City and Licensee entered into a Revocable License Agreement ("RLA") dated June 8, 2007, where the initial term was for ten (10) years and as amended. Licensee has continued to occupy the Property, as shown in Exhibit A under the RLA terms. Pursuant to the terms of said RLA, the Licensee is presently operating a day care center at the Property. The Licensee is the owner of the land abutting the City Property and completed construction on a second day care facility which expanded the Licensee's service. The City and Licensee desire and intend to enter into a new Revocable License Agreement renewing the Licensee's use of the Property. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Real Estate and Asset Management Andrew Frey Department Head Review Completed 03/27/2023 12:42 PM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 03/30/2023 4:42 PM Office of Management and Budget Marie Gouin Budget Review Completed 03/30/2023 5:43 PM City Manager's Office Larry M. Spring Assistant City Manager Completed 04/03/2023 10:26 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 04/03/2023 11:13 AM City Manager's Office Arthur Noriega V City Manager Review Completed 04/03/2023 3:56 PM Office of the City Attorney Thomas M. Fossler ACA Review Completed 04/04/2023 6:28 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 04/04/2023 7:16 PM City Commission Maricarmen Lopez Meeting Completed 04/13/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 04/18/2023 3:47 PM of .�f City of Miami CityHall * iM°nr H°TF° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0166 File Number: 13747 Final Action Date:4/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), RATIFYING, CONFIRMING, AND APPROVING 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"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176(B) OF THE CITY CODE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH-WYNWOOD COMMUNITY & DEVELOPMENT, INC. FOR THE PURPOSE OF PROVIDING LOW-COST DAYCARE SERVICE TO AREA RESIDENTS ON THE CITY -OWNED PROPERTY LOCATED AT 1500 NORTHWEST 16 AVENUE, MIAMI, FLORIDA, FOR A MONTHLY USE FEE EQUAL TO ONE DOLLAR ($1.00) PLUS TAXES, IF APPLICABLE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the property located at 1500 Northwest 161" Avenue ("Property") previously known as the Allapattah Mini Park; and WHEREAS, pursuant to a Revocable Permit ("Permit") issued by the City on April 17, 1991, Allapattah-Wynwood Community & Development, Inc. ("Licensee") was authorized to use the Property to provide day care services to young children of the Allapattah area; and WHEREAS, the Permit expired April 17, 2001; and WHEREAS, the City and Licensee entered into a Revocable License Agreement ("RLA") dated June 8, 2007, for a term of ten (10) years; and WHEREAS, Licensee has continued to occupy the Property and is presently operating a day care center therein; and WHEREAS, the Licensee is the owner of the land abutting the City Property and completed construction of a second day care facility which expanded the Licensee's service; and WHEREAS, the City and Licensee desire and intend to enter into a new Revocable License Agreement ("Agreement") authorizing the Licensee's continued use of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written recommendation and finding, attached and incorporated as Exhibit 'A" that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, is hereby ratified, confirmed, and approved. Section 3. Pursuant to Section 18-176(b) of the City Code, by a four -fifths (4/5ths) affirmative vote, the City Manager is hereby authorized' to negotiate and execute an RLA, in a form acceptable to the City Attorney, with Licensee for the purpose of providing low-cost day- care service to area residents on the Property for a monthly use fee equal to one dollar ($1) plus taxes, if applicable. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including, but not limited to, non-subtantive amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and all in compliance with applicable provisions of the City Code, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ft6ria i ' ndez, City Attor iey 4/4/2023 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.