HomeMy WebLinkAboutR-08-0075City of Miami
Legislation
Resolution: R-08-0075
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00117 Final Action Date: 2/14/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR- FIFTHS (4/STHS)
AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION
2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN
SECTION 2-612 OF THE CITY CODE, FOR THE PURPOSES OF THE CITY OF
MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO ENTER INTO AN
AGREEMENT WITH THE ASSOCIATION FOR THE DEVELOPMENT OF THE
EXCEPTIONAL, INC., FOR PUBLIC FACILITIES AND IMPROVEMENTS TO
COMPLETE CONSTRUCTION ON A TRAINING KITCHEN FACILITY.
WHEREAS, the Association for the Development of the Exceptional, Inc. ("ADE") is a non-profit
Florida corporation that provides vocational training to developmentally disabled adults; and
WHEREAS, ADE desires to enter into an agreement with the Department of Community
Development ("DCD") to provide public facilities and improvements to complete construction on a
kitchen training facility which would allow the agency to teach persons with disabilities the skills
necessary to obtain gainful employment; and
WHEREAS, said agreement is in the amount of $72,000; and
WHEREAS, Helena Del Monte is the Executive Director of ADE; and
WHEREAS, Helena Del Monte is a member of the City of Miami ("City") Community Relations
Board; and
WHEREAS, Article V, Sections 2-611 and 2-612 of the Code of the City of Miami, Florida, as
amended ("City Code"), states in part, that no member of any City board shall enter into any contract
or transact any business with the City; and
WHEREAS, Article V, Section 2-614 of the City Code establishes a waiver provision of Sections 2
-611 and 2-612 of the City Code by permitting waiver of a transaction(s) by an affirmative vote of
four -fifths of the members of the City Commission after a public hearing and only after findings by
four -fifths of the members of the City Commission that, among others, the property or services to be
involved in the proposed transaction are unique and the City cannot avail itself of such property or
services without entering into a transaction which would violate this section but for waiver of its
requirements and the proposed transaction will be to the best interest of the City; and
WHEREAS, the services being provided by ADE are unique due to its experience and familiarity
with the skills, training techniques and job placement expertise as they relate to assisting
developmentally disabled adults obtain gainful employment; and
City of Miami
Page 1 of 2 File Id: 08-00117 (Version: 1) Printed On: 4/26/2017
File Number: 08-00117 Enactment Number: R-08-0075
WHEREAS, this transaction is in the best interest of the City because it supports DOD's mission
of, among other things, providing services to low and moderate income people;
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 prohibitions contained in Section 2-612 and 2-614 of the City Code, are waived by
a four -fifths (4/5ths) affirmative vote of the members of the City Commission, after a public hearing,
as such prohibitions pertain to Helena Del Monte, the Executive Director of the agreement recipient,
ADE, for public facilities and improvements.
Section 3. The waiver set forth in Section 2 hereof, is based upon the following findings:
a) The services provided are unique due to ADE's experience and familiarity
with the skills, training techniques and job placement expertise as they relate to
assisting developmentally disabled adults obtain gainful employment.
b) This transaction is in the best interest of the City because it supports DOD's
mission of, among other things, providing services to low and moderate income
people
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 08-00117 (Version: 1) Printed On: 4/26/2017