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HomeMy WebLinkAboutR-18-0373City of Miami Resolution R-18-0373 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4814 Final Action Date: 12/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES SUBJECT TO NECESSARY UPDATES FOR LEGAL AND FINANCIAL COMPLIANCE REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH AUTOMATIC REVERTER PROVISIONS, THE CITY -OWNED PROPERTIES LOCATED AT 551 NORTHWEST 71 STREET AND 7142 AND 7148 NORTHWEST 5 COURT, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO THE ARK OF THE CITY, INCORPORATED, A FLORIDA NOT FOR PROFIT CORPORATION, FOR JOB TRAINING PURPOSES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO COMPLETE THE AFOREMENTIONED TRANSACTION SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE SUCH TRANSACTIONS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, on October 16, 2008, pursuant to Resolution No. R-08-0603, the City of Miami ("City") acquired the properties located at 551 Northwest 71 Street and 7142 and 7148 Northwest 5 Court, Miami, Florida (collectively, "Property"), as more particularly described in Attachment "A," attached and incorporated; and WHEREAS, the Ark of the City, Incorporated, a Florida not for profit corporation ("Ark of the City"), is an organization that is dedicated to providing community services to the residents of the City; and WHEREAS, the City wishes to transfer the Property to the Ark of the City which plans to open a restaurant and hospitality -industry incubator allowing residents of the City of Miami Page 1 of 3 File ID: 4814 (Revision:) Printed On: 4/7/2025 File ID: 4814 Enactment Number: R-18-0373 community to obtain job training that will teach them how to operate their own businesses in the hospitality field; and WHEREAS, as a condition of the transfer of the Property, the Ark of the City must commence job training within twelve (12) months of said transfer; and WHEREAS, as a condition of the transfer of the Property, the Property will revert to the City if it is no longer used to conduct job training or if job training takes longer than twelve (12) months to commence; and WHEREAS, this transfer is exempt from the procurement process pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, as a condition precedent to the transfer of the Property, the City shall undertake all legal and financial compliance measures necessary due to the previous purchase of the Property by the City with restricted funds that are required to be replaced with unrestricted funds; and WHEREAS, it is in the best interests of the City to ratify, approve, and confirm certain necessary actions of the City Manager and designated City Departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection herewith; and WHEREAS, the City Administration recommends the transfer of the Property, with automatic reverter provisions and with compliance requirement updates, to the Ark of the City for job training purposes; 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 determinations, findings, and recommendations, attached and incorporated as Attachment "B," pursuant to Section 29-B(a) of the City Charter and Section 18-182 of the Code of the City of Miami, Florida, as amended, are ratified, approved, and confirmed, and the City Commission hereby waives the requirements for said procedures. Section 3. Subject to necessary updates for legal and financial compliance requirements, the City Manager is authorized to transfer, with automatic reverter provisions, the Property, as more particularly described in Attachment "A," attached and incorporated, to Ark of the City for job training purposes. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents, in a form acceptable to the City Attorney, as may be necessary to 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 City Code provisions. City of Miami Page 2 of 3 File ID: 4814 (Revision:) Printed on: 4/7/2025 File ID: 4814 Enactment Number: R-18-0373 complete the aforementioned transaction subject to all federal, state, and local laws that regulate such transactions. Section 5. Certain necessary actions by the City Manager and designated City Departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection herewith are hereby ratified, approved, and confirmed. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 11/27/2018 2 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 3 of 3 File ID: 4814 (Revision:) Printed on: 4/7/2025