HomeMy WebLinkAboutR-04-0346City of Miami
Legislation
Resolution: R-04-0346
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00521 Final Action Date: 5/27/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, WAIVING COMPETITIVE
NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL
SERVICES FOR THE MANAGEMENT OF APPROXIMATELY 3.29 ACRES OF
CITY -OWNED PROPERTY LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI,
FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A
MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
BELAFONTE TACOLCY CENTER, INC. ("PROVIDER"), A NON-PROFIT
CORPORATION, FOR SAID SERVICES AND PROVIDING FOR: (1) AN INITIAL
TERM OF FIFTEEN (15) YEARS THAT SHALL COMMENCE ON THE EFFECTIVE
DATE, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL FIFTEEN -YEAR
PERIOD SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) A FEE OF
ONE DOLLAR ($1.00) PER ANNUM, PLUS FLORIDA STATE USE TAX IF
APPLICABLE WHICH SHALL BE PAID BY THE PROVIDER; (3) THE PROVIDER
MAY ENTER INTO PROGRAM SERVICE AGREEMENTS WITH SERVICE
PROVIDERS FOR THE PURPOSE OF OPERATING EDUCATIONAL,
RECREATIONAL, AND LEADERSHIP TRAINING PROGRAMS; AND (4)
CANCELLATION OF THE REVOCABLE LICENSE AGREEMENT DATED
NOVEMBER 20, 1997, BETWEEN THE CITY OF MIAMI AND THE PROVIDER, ON
THE EFFECTIVE DATE OF THE MANAGEMENT AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements
located at 6161 Northwest 9th Avenue, Miami, Florida ("Property"), which has been occupied by
Belafonte Tacolcy Center, Inc. since 1971; and
WHEREAS, Resolution No. 97-179, adopted March 20, 1997, authorized the City Manager to
execute a Revocable License Agreement with Belafonte Tacolcy Center, Inc. ("Provider") to occupy
the Property and provide youth development, educational and leadership training programs at the
Property; and
WHEREAS, on November 20, 1997, the City Manager executed a Revocable License Agreement
with the Provider for the purpose of providing youth development, educational and leadership training
programs at the Property; and
WHEREAS, the Provider has requested to negotiate a Management Agreement in lieu of a
Revocable License Agreement in order to enhance its long-term funding capability and provide
adequate time to accomplish its goals of youth development and educational programs; and
WHEREAS, the City and the Provider find it to be in the best interest of the parties, and the
general public, to allow the Provider to continue its youth development, educational and leadership
training programs at the Property;
City of Miami
Page 1 of 2 File Id: 04-00521 (Version: 2) Printed On: 9/14/2016
File Number: 04-00521 Enactment Number: R-04-0346
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. By a four -fifths (4/5ths) affirmative vote the City Manager's waiving of competitive
negotiation procedures for the provision of professional services is ratified, approved and confirmed.
Section 3. The City Manager is authorized{1 } to execute a Management Agreement, in
substantially the attached form, with Belafonte Tacolcy Center, Inc. ("Provider"), a non-profit
corporation to manage approximately 3.29 acres of City -owned property located at 6161 Northwest
9th Avenue, Miami, Florida, for an initial term of fifteen (15) years that shall commence on the
effective date, with an option to extend for one additional fifteen -year period subject to mutual
consent of the parties.
Section 4. Provider shall pay the City of Miami ("City") an initial use fee of $1.00 per annum plus
State of Florida Use Tax, if applicable.
Section 5. Provider may enter into professional service agreements with service providers for the
purpose of operating educational, recreational and leadership training programs.
Section 6. The Revocable License Agreement, dated November 20, 1997, between the City and
the Provider is canceled on the effective date of the Management Agreement.
Section 7. 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: 04-00521 (Version: 2) Printed On: 9/14/2016