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HomeMy WebLinkAboutresolution1- i IYCIRf 14/111 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fi.us File Number: 05-00375 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR -FIFTHS (4/5THS) 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 11); 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 advertised public hearing; and City of Miami Page 1 of 3 Printed On: 4/27/2005 File Number: 05-00375 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, arid 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, FLORI DA: 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) additionai 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} APPROVED AS TO FORM AND CORRECTNESS Footnotes: City of Miami Page 2 of 3 Printed On: 4/27/200 File Number: 05-00375 .M. {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 Cocle 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. Clty of Miami Page 3 of 3 Printed On: 4/27/2005