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HomeMy WebLinkAboutR-13-0370City of Miami Legislation Resolution: R-13-0370 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00925 Final Action Date: 9/26/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELAFONTE TACOLCY CENTER TO CONTINUE SAID SPORTS DEVELOPMENT PROGRAM, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, WITH THE OPTION OF THE CITY MANAGER TO RENEW FOR A TWO-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675 FOR FISCAL YEAR 2013-2014, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000 WITH FUTURE FISCAL YEAR(S) FUNDING SUBJECT TO BUDGETARY APPROVAL. WHEREAS, the City of Miami ("City") has previously entered into agreements with Belafonte Tacolcy Center, Inc. a Florida not -for -profit organization ("BTC"), to provide structural leisure -time recreational/sports activities and team sports, as well as cultural awareness workshops, to enhance the quality of life of the Liberty City neighborhood and community at the City's Belafonte Tacolcy Park; and WHEREAS, the City's Department of Parks and Recreation has recommended and found that BTC is the most qualified firm to continue to provide said sports development program at Belafonte Tacolcy Park; and WHEREAS, both the City and BTC understand that the facilities that BTC uses at Belafonte Tacolcy Park to provide said sports development program have been and are continuing to be renovated/improved by tax-exempt bond funding, which requires both the City and BTC to comply with Internal Revenue Code rules and regulations regarding uses of tax-exempt bond -financed facilities; accordingly, in addition to the proposed Parks and Recreational Services Agreement, the City and BTC by a separate authorization will be updating and entering into an Amendment to the existing Management Agreement of March 11, 2005 regarding Belafonte Tacolcy Park between the City of Miami Page 1 of 3 File Id: 13-00925 (Version: 1) Printed On: 9/18/2017 File Number: 13-00925 Enactment Number: R-13-0370 City and BTC in order to comply with Internal Revenue Service Safe Harbor Management Agreement Rules; and WHEREAS, the City Manager has approved the recommendations and findings of the Parks Department, and has made findings that pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods and procedures are not practicable or advantageous for obtaining said services, and has recommended to the City Commission that the recommendations and findings be adopted and that competitive bidding methods and procedures be waived; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of 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 findings and recommendations that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Section 18-86(a)(3)(c) of the City Code, waiving the requirements for said procedures, is ratified, approved and confirmed and the City's Department of Parks and Recreation's recommendations and finding that BTC is the most qualified firm to continue to provide the sports development program at the City's Belafonte Tacolcy Park, is approved. Section 3. The City Manager is authorized to {1} execute Service Authorization Letters and to negotiate and execute a Parks and Recreation Services Agreement, in substantially the attached form, with BTC to continue to provide said sports development program for the contract period commencing October 1, 2013 through September 30, 2014, with the option of the City Manager to renew for a two-year period, under the same terms and conditions, in an annual amount not to exceed $86,675. Section 4. Funds in an amount not to exceed $86,675 for Fiscal Year 2013-2014, are allocated from the Parks and Recreation General Fund Account 00001.291001.882000.0000.0000, with future fiscal year(s) funding subject to budgetary approval. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 2 of 3 File Id: 13-00925 (Version: 1) Printed On: 9/18/2017 File Number: 13-00925 Enactment Number: R-13-0370 {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 3 of 3 File Id: 13-00925 (Version: 1) Printed On: 9/18/2017