HomeMy WebLinkAboutR-05-0296City of Miami
Legislation
Resolution: R-05-0296
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00375 Final Action Date: 5/12/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION
METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE
REQUIREMENTS FOR SAID COMPETITIVE NEGOTIATION PROCEDURES,
PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; APPROVING THE RECOMMENDATION AND FINDING
OF THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION THAT
AMIGOS TOGETHER FOR KIDS, INC., A FLORIDA NOT -FOR -PROFIT
CORPORATION ("PROVIDER") IS THE MOST QUALIFIED FIRM TO PROVIDE
AFTER SCHOOL EDUCATIONAL PROGRAMS AND CULTURAL AND
RECREATIONAL ACTIVITIES FOR YOUTHS PRIMARILY AGES 6 THROUGH 12 AT
THE CITY -OWNED PROPERTY LOCATED AT 353 SOUTHWEST 4TH STREET,
MIAMI, FLORIDA, COMMONLY KNOWN AS JOSE MARTI PARK ("PARK");
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK PROGRAMMING
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
WITH PROVIDER FOR SAID SERVICES AND PROVIDING FOR: (1) A
THREE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH
OPTIONS TO EXTEND FOR UP TO TWO (2) ADDITIONAL CONSECUTIVE
THREE-YEAR PERIODS; (2) PAYMENT TO THE CITY OF MIAMI OF ONE DOLLAR
AND 00/100 ($1.00) PER MONTH; AND (3) PROVIDER SHALL BE RESPONSIBLE
FOR ANY COSTS ASSOCIATED WITH ITS PROGRAMS, INCLUDING BUT NOT
LIMITED TO, SECURITY, EQUIPMENT AND INSURANCE DURING ITS
OPERATING HOURS AT THE PARK, AND WITH TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements
located at 353 Southwest 4th Street, Miami, Florida, known as Jose Marti Park ("Park"); and
WHEREAS, the City and Amigos Together for Kids, Inc., a Florida not -for -profit corporation
("Provider") desire and intend to enter into a Park Programming Agreement ("Agreement") to provide
after school educational programs and cultural and recreational activities at the Park for youths
primarily ages 6 through 12 mainly in the 1st through 6th grade levels; and
WHEREAS, Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended, ("City
Code") provides for the award of services related to the cultural, educational, recreational or park
activities provided by non-profit organizations within City parks without competitive negotiations, if the
City Manager makes a written finding, supported by reasons, to the City Commission that competitive
negotiation methods are not practicable or advantageous, which finding must be ratified and the
award approved by an affirmative vote of four -fifths (4/5ths) of the City Commission after a properly
City of Miami
Page 1 of 2 File Id: 05-00375 (Version: 11 Printed On: 11/14/2016
File Number: 05-00375 Enactment Number: R-05-0296
advertised public hearing; and
WHEREAS, the City's Department of Parks and Recreation has recommended and found that the
Provider is the most qualified firm to provide said after school services, programs and activities for
such age groups in the City's Park; and
WHEREAS, the City Manager has approved the recommendation of the Department of Parks and
Recreation, and has made a finding pursuant to Section 18-86(a)(3)(c) of the City Code that
competitive negotiation methods are not practicable or advantageous for obtaining said services, and
has recommended to the City Commission that the recommendations and findings be adopted;
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, after an advertised public hearing, the City
Manager's recommendation and finding that competitive negotiation methods are not practicable or
advantageous, waiving the requirements for said competitive negotiation procedures, pursuant to
Section 18-86 of the City Code, is ratified, approved, and confirmed.
Section 3. The recommendation and finding that the Provider is the most qualified firm to provide
said after school services, programs, and activities for youths primarily ages 6 through 12 in the 1st
through 6th grade levels, at the City's Park, is approved.
Section 4. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, between the City and the Provider for said services and providing for: (1) a three-year
term that shall commence on the Effective Date, with an option to extend for up to two (2) additional
consecutive three-year periods; (2) payment to the City of One Dollar and 00/100 ($1.00) per month;
and (3) Provider shall be responsible for any costs associated with its programs, including but not
limited to, security, equipment and insurance during its operating hours at the Park, and with other
terms and conditions as more particularly set forth in the Agreement.
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: 05-00375 (Version: 11 Printed On: 11/14/2016