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HomeMy WebLinkAboutLegislationFile Number: 10-00591 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH THE DADE COMMUNITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; REQUIRING THE DADE COMMUNITY FOUNDATION, INC. TO RETURN ANY MONIES AND ASSETS ORIGINALLY PROVIDED TO THE FOUNDATION BY AND FOR THE CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO TRADEMARK ELEVATE MIAMI, IN ORDER FOR THE CITY OF MIAMI TO FURTHER PROMOTE ELEVATE MIAMI. 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 previously launched a comprehensive and wide-ranging initiative under the name "Elevate Miami" that included four (4) components: (1) Digital Literacy; (2) __ ACCESS Miami; (3) the Education Compact; and (4) Community Outreach (collectively, the "Program"); and WHEREAS, each component targeted the City's youth, low-income families, minorities, seniors, and all residents facing barriers to economic empowerment; and WHEREAS, the Program provided 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, on or about October 29, 2009, the City entered into an agreement ("Agreement") with Dade Community Foundation, Inc. ("Foundation") to allow the Foundation to oversee the Program including all financing related to the Program; and WHEREAS, the Agreement required the City to create a fiscal sponsorship fund including the transfer of existing assets and property to the Foundation; and WHEREAS, although the Foundation has taken over the Program, the City continues to fund the program monetarily as well as with City personnel, City buildings, City hardware, and other City resources; and WHEREAS, the City is facing a tremendous financial situation and cannot afford to contribute resources to a Program which it has no role in controlling; and City ofMiami Page I of 2 File Id. 10-00591 (Version: 1) Printed On: 5/19/2010 City of Miami Legislation Resolution File Number: 10-00591 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH THE DADE COMMUNITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; REQUIRING THE DADE COMMUNITY FOUNDATION, INC. TO RETURN ANY MONIES AND ASSETS ORIGINALLY PROVIDED TO THE FOUNDATION BY AND FOR THE CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO TRADEMARK ELEVATE MIAMI, IN ORDER FOR THE CITY OF MIAMI TO FURTHER PROMOTE ELEVATE MIAMI. 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 previously launched a comprehensive and wide-ranging initiative under the name "Elevate Miami" that included four (4) components: (1) Digital Literacy; (2) __ ACCESS Miami; (3) the Education Compact; and (4) Community Outreach (collectively, the "Program"); and WHEREAS, each component targeted the City's youth, low-income families, minorities, seniors, and all residents facing barriers to economic empowerment; and WHEREAS, the Program provided 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, on or about October 29, 2009, the City entered into an agreement ("Agreement") with Dade Community Foundation, Inc. ("Foundation") to allow the Foundation to oversee the Program including all financing related to the Program; and WHEREAS, the Agreement required the City to create a fiscal sponsorship fund including the transfer of existing assets and property to the Foundation; and WHEREAS, although the Foundation has taken over the Program, the City continues to fund the program monetarily as well as with City personnel, City buildings, City hardware, and other City resources; and WHEREAS, the City is facing a tremendous financial situation and cannot afford to contribute resources to a Program which it has no role in controlling; and City ofMiami Page I of 2 File Id. 10-00591 (Version: 1) Printed On: 5/19/2010 File Number: 10-00591 WHEREAS, the Agreement allows the City to terminate the Agreement at any time without cause upon ninety (90) days written notice; and WHEREAS, any funds, resources, property, or other assets transferred from the City to the Foundation should be returned to the City upon termination of the Agreement; and WHEREAS, the City believes that the Program should continue but under the guidance and control of the City; and WHEREAS, the City Manager should trademark the Program to ensure that no other entity or individual can use the Elevate Miami symbol, word, logo, slogan, design, domain name, or other identifying attribute of Elevate Miami; 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 terminate the Agreement with the Foundation. Section 3. The City Manager should ensure that all assets, property, and monies originally provided to the Foundation by and for the City are returned to the City upon termination of the Agreement. Section 4. The City Manager is authorized{1} to trademark the Program, in order for the City to further promote the Program. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY 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. City of Miami Page 2 of 2 File Id. 10-00591 (Version: 1) Printed On: 5/19/2010