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Home My WebLink AboutR-23-0239City of Miami Resolution R-23-0239 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13834 Final Action Date: 5/25/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-85 (A) AND 18-176 (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), ALSO PURSUANT TO 18-176 (B) AND 18-176 (C) OF THE CITY CODE, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY AND LUTHERAN SERVICES FLORIDA, INC. A FLORIDA NOT -FOR -PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 2810, 2910, & 2916 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA ("PROPERTY"), COMMENCING ON THE EFFECTIVE DATE, FOR USE AS A 24/7 EMERGENCY RESIDENTIAL SHELTER FOR RUNAWAYS AND FOR CRISIS COUNSELING, FOR A MONTH -TO -MONTH TERM; FURTHER AUTHORIZING A REDUCTION IN PAYMENT TO THE CITY, PROVIDING FOR AN ANNUAL USE FEE ("ANNUAL USE FEE") OF ONE HUNDRED DOLLARS ($100.00); PROVIDING FOR LICENSEE'S PAYMENT OF ANY ANNUAL STATE OF FLORIDA ("STATE") FEES IMPOSED FOR THE USE OF THE STATE-OWNED UPLAND PARCELS; PROVIDING FOR THE TERMINATION OF THE EXISTING REVOCABLE LICENSE AGREEMENT UPON EXECUTION OF THIS 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, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") and Miami Bridge Youth Family Services, a Florida not -for -profit corporation ("Licensee"), entered into a Revocable License Agreement ("Agreement") on October 7, 2010, and further amended on February 14, 2020, for use of the City -owned property located at 2916 Northwest South River Drive, Miami, Florida, and the State-owned lands located at 2810 Northwest South River Drive and 2910 Northwest South River Drive, Miami, Florida (collectively, "Property"); and WHEREAS, Licensee's primary mission is to act as a 24-hour/7-day a week emergency youth shelter for minor children ages ten (10) to seventeen (17), who are in crisis, removed from their homes or on the streets, ungovernable, truants, chronic runaways, awaiting court disposition and/or long-term placement and additionally provide non-residential family crisis intervention counseling; and City of Miami Page 1 of 3 File ID: 13834 (Revision: A) Printed On: 8/21/2023 File ID: 13834 Enactment Number: R-23-0239 WHEREAS, the City acknowledges that Licensee is providing valuable services to the youth population in the City and Miami -Dade County; and WHEREAS, the Licensee has indicated they have faced challenges to their infrastructure and vital services due to the Novel Coronavirus ("Covid-19") pandemic; and WHEREAS, the Licensee has advised they are merging their organization and operations with Lutheran Services Florida, Inc., a Florida not -for -profit corporation ("LSF"), to stabilize their infrastructure and assure that vital services continue; and WHEREAS, pursuant to Section 35 of the previous agreement, the Licensee has formally requested the City to approve a transfer of its privilege of occupancy and use granted unto it by the Agreement to LSF; and WHEREAS, the City has informed the State of Florida ("State") of Licensee's request to transfer its privilege of occupancy and use granted unto it by the Agreement to LSF; and WHEREAS, the State has advised that consent is not needed to enter into a new Agreement as long as the Agreement does not transfer an interest in real property including any leasehold interest in the real property; and WHEREAS, the Use Fee of this Agreement is One Hundred Dollars ($100.00) due annually each and every October 1st; and WHEREAS, Licensee shall establish a Capital Reserve account to fund future Capital Improvements of the Property ("Reserve Account"); and WHEREAS, the Licensee shall track Capital Improvements and submit a Report each quarter to the Department of Real Estate and Asset Management ("DREAM") which states the following; capital expenditures, proof of invoices and payments regarding all capital expenditures used for capital improvements during each quarter, Reserve Account balance, which must reconcile with stated capital expenditures for each quarter directly from the bank in which the Reserve Account is located and said expenditures will net zero and balance against current Reserve Account balance as submitted each quarter; and WHEREAS, the Reserve Account shall be used for the sole purpose of maintaining and upgrading the Property as needed; and WHEREAS, DREAM previously reviewed and evaluated the audited financial statement of LSF, pursuant to Section 18-176(c) of the Code of the City of Miami, Florida, as amended, ("City Code"); and WHEREAS, the City Manager recommends that the requirements for competitive sealed bidding procedures be waived, and that the services and use as specified herein, be approved pursuant to Sections 18-85(a) and 18-176(b) of the City Code; and WHEREAS, the City Manager also recommends a reduction in payment to the City of Miami, pursuant to Section 18-176(b) of the City Code, based on the type and nature of services being provided to the community; and WHEREAS, following a properly advertised public hearing, by a four -fifths (4/5ths) affirmative vote pursuant to Sections 18-85(a) and 18-176 (b), the City Commission finds it is in City of Miami Page 2 of 3 File ID: 13834 (Revision: A) Printed on: 8/21/2023 File ID: 13834 Enactment Number: R-23-0239 the best interest of the City to approve and confirm the waiver of competitive sealed bidding procedures by the City, authorize the City Manager to enter into a Revocable License Agreement with LSF for the use of Property for the provision of the services stated herein to the community at a reduced rate, all in a form acceptable to the City Attorney, and further authorize the City Manager to execute all negotiate and execute any and all necessary documents, including, but not limited to, non -substantive amendments, renewals, and extensions, all in forms acceptable to the City Attorney; 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 fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) and 18-176(b) of the Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding, attached and incorporated as Exhibit "A," that competitive sealed bidding are not practicable or advantageous, and waiving the requirements for said procedures, the reduction in payment to the City are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized to negotiate and execute a Revocable License Agreement, including non -substantive amendments, renewals, and extensions, all in a form acceptable to the City Attorney, between the City and LSF, for use of property located at 2916 Northwest South River Drive, Miami, Florida, and the State-owned lands located at 2810 Northwest South River Drive and 2910 Northwest South River Drive, Miami, Florida, Miami, Florida, with terms and conditions as more specifically set forth in said Agreement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 5/15/2023 1 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. 2 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. City of Miami Page 3 of 3 File ID: 13834 (Revision: A) Printed on: 8/21/2023