HomeMy WebLinkAboutR-10-0214Vop City of Miami
Legislation
< U R �O
Resolution: R-10-0214
File Number: 10-00591
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2010
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 of Miand Page 1 of 2 File Id. 10-00591 (Version: 1) Printed On: 7/28/2017
File Number: 10-00591 Enactment Number: R-10-0214
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}
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: 7/28/2017