Loading...
HomeMy WebLinkAboutLegislationFile Number: 09-00179 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COMMUNITY FOUNDATION, INC. (THE "FOUNDATION"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ADMINSITER: (1) THE CREATION OF A FISCAL SPONSORSHIP FUND ("THE ELEVATE MIAMI FUND"); AND (2) THE INCORPORATION OF THE ELEVATE MIAMI PROGRAM IN ORDER TO ATTAIN TAX-EXEMPT STATUS UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, WHICH SHALL BE NAMED "ELEVATE MIAMI INC.," FOR A PERIOD NOT TO EXCEED FIVE YEARS; ALLOCATING FUNDS FROM THE "ALLIANCE FOR DIGITAL EQUALITY" GRANT AND APPROPRIATING SAID FUNDS TO THE FOUNDATION, FOR THE PURPOSES OF ESTABLISHING THE ELEVATE MIAMI FUND. WHEREAS, the City of Miami ("City") desires to better prepare its citizens to participate and compete in the new digital society and digital economy by assisting them in becoming more comfortable with and adaptable to new technologies; and WHEREAS, in pursuit of this aim, the City launched and maintains a comprehensive and wide-ranging initiative under the name "Elevate Miami" that includes four components: (1) Digital Literacy; (2) ACCESS Miami; (3) the Education Compact; and (4) Community Outreach (collectively, the "Program"); and WHEREAS, each component targets the City's youth, low-income families, minorities, seniors and all residents facing barriers to economic empowerment; and WHEREAS, the Program currently provides citizens of Miami with: (1) the wealth -building tools necessary for economic self-sufficiency; (2) programs that enhance and support efforts made by the school district with an emphasis on improving student achievement, family involvement and the student's learning environment; (3) access to technology; (4) computer literacy training; (5) affordable technology packages that include internet access, hardware, software, financing, and related components; and (6) capacity building for community organizations and small businesses; and WHEREAS, the City has discussed with Dade Community Foundation, Inc. (the "Foundation") ways to broaden and facilitate support for the Program from businesses, private citizens, and private foundations both within the Miami community and beyond; and WHEREAS, the City and the Foundation agree that the best way for the Program to advance in the future is for the Foundation to oversee the incorporation of a new supporting organization of the Foundation ("Elevate Miami, Inc."), which will seek recognition of its own status as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and for Cite of Miami Page 7 of 3 Printer) On: 2/24/2009 City of MiamiCity Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 09-00179 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COMMUNITY FOUNDATION, INC. (THE "FOUNDATION"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ADMINSITER: (1) THE CREATION OF A FISCAL SPONSORSHIP FUND ("THE ELEVATE MIAMI FUND"); AND (2) THE INCORPORATION OF THE ELEVATE MIAMI PROGRAM IN ORDER TO ATTAIN TAX-EXEMPT STATUS UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, WHICH SHALL BE NAMED "ELEVATE MIAMI INC.," FOR A PERIOD NOT TO EXCEED FIVE YEARS; ALLOCATING FUNDS FROM THE "ALLIANCE FOR DIGITAL EQUALITY" GRANT AND APPROPRIATING SAID FUNDS TO THE FOUNDATION, FOR THE PURPOSES OF ESTABLISHING THE ELEVATE MIAMI FUND. WHEREAS, the City of Miami ("City") desires to better prepare its citizens to participate and compete in the new digital society and digital economy by assisting them in becoming more comfortable with and adaptable to new technologies; and WHEREAS, in pursuit of this aim, the City launched and maintains a comprehensive and wide-ranging initiative under the name "Elevate Miami" that includes four components: (1) Digital Literacy; (2) ACCESS Miami; (3) the Education Compact; and (4) Community Outreach (collectively, the "Program"); and WHEREAS, each component targets the City's youth, low-income families, minorities, seniors and all residents facing barriers to economic empowerment; and WHEREAS, the Program currently provides citizens of Miami with: (1) the wealth -building tools necessary for economic self-sufficiency; (2) programs that enhance and support efforts made by the school district with an emphasis on improving student achievement, family involvement and the student's learning environment; (3) access to technology; (4) computer literacy training; (5) affordable technology packages that include internet access, hardware, software, financing, and related components; and (6) capacity building for community organizations and small businesses; and WHEREAS, the City has discussed with Dade Community Foundation, Inc. (the "Foundation") ways to broaden and facilitate support for the Program from businesses, private citizens, and private foundations both within the Miami community and beyond; and WHEREAS, the City and the Foundation agree that the best way for the Program to advance in the future is for the Foundation to oversee the incorporation of a new supporting organization of the Foundation ("Elevate Miami, Inc."), which will seek recognition of its own status as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and for Cite of Miami Page 7 of 3 Printer) On: 2/24/2009 File Number. 09-00179 Elevate Miami, Inc. to be constituted as a public-private partnership and to be entrusted with the mission of the Program; and WHEREAS, pending the incorporation of Elevate Miami, Inc., the Internal Revenue Service's recognition of Elevate Miami, Inc.'s tax-exempt status, and the City's transfer of the existing assets, except any monies allocated from the City's General Fund, from the Program to Elevate Miami, Inc., the City and the Foundation agree that the new joint public-private conduct of the Program should commence as soon as possible; and WHEREAS, the City and the Foundation further agree that the day-to-day operations of the Program will be the responsibility of a person or persons designated by the City Manager and that the Foundation will act as the fiscal sponsor for the Program through a fiscal sponsorship fund; and WHEREAS, the City desires to create a fiscal sponsorship fund with the Foundation for the immediate philanthropic purpose of supporting and advancing the work of the Program initiative pending: (1) the incorporation of Elevate Miami, Inc.; (2) the Internal Revenue Service's recognition of Elevate Miami Inc.'s tax-exempt status; and (3) the transfer of the existing assets, except any monies allocated from the City's General Fund, from the Program to Elevate Miami, Inc.; and WHEREAS, ultimately, the purpose of the fiscal sponsorship fund will be to advance the initiatives of Elevate Miami, Inc.; and WHEREAS, the City and others may transfer additional property to and for such purposes; 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. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with the Foundation, for the purpose of allowing the foundation to administer: (1) the creation of a fiscal sponsorship fund ("The Elevate Miami Fund"); and (2) the incorporation of the Elevate Miami Program in order to attain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, which shall be named "Elevate Miami Inc.," for a period not to exceed five years, with funds allocated from the "Alliance for Digital Equality" grant and appropriated to the Foundation for the purposes of establishing the Elevate Miami Fund. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE CITY ATTORNEY0 T Ch), of Miami Page 2 of 3 Printed On: 212412009 File Number: 09-00179 Footnotes: {1} 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. {2} 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. Gy of Miami Page 3 of 3 Printed On: 2/24/2009