HomeMy WebLinkAboutMemo From City AttorneyCITY OF i'vIIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable
FROM: Victoria i
DATE: January 4, 201
RE: January 10, 2019 Conmaission Meeting Agenda — Substitution of PI-I.6
Allocation - Big Orange New Year's Eve Celebration
File No. 5370
nd Members of the City Commission
z, City Attorney
Item PH.6 on the January 10, 2019 City Commission Agenda, as it appears on the
published agenda, was not reviewed and approved as to legal form and correctness at the
time of publishing. The item, as well as the public notice, is being substituted to reflect
said review and includes minor edits.
cc. Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/ULMIRFA/vja
5320 Matiduo 7F,(00/1 6-74 4-kiefis.t_i
City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5370 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (415THS) AFFIRMATIVE VOTE AND AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND
INCORPORATED AS EXHIBIT"A," THAT COMPETITIVE NEGOTIATION
METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION
18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING
CITY GRANT FUNDS ("GRANTS") (A) TO BE ALLOCATED AND
APPROPRIATED IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS
($15,000.00) FROM THE REMAINING MIAMI SPORTS AN❑ EXHIBITION
AUTHORITY ("MSEA") FUNDS IN THE RELATED SPECIAL REVENUE
ACCOUNT TO THE BIG ORANGE NEW YEAR'S EVE CELEBRATION AT THE
BAYSIDE MARKETPLACE ("NEW YEAR'S EVE GRANT") AND (B) TO BE
REALLOCATED AND APPROPRIATED UP TO TWENTY THOUSAND DOLLARS
(S20,000.00) FROM FUNDS IN THE NON -DEPARTMENTAL ACCOUNT NO.
00001.980000.882000.0000.00000 PREVIOUSLY ALLOCATED TO THE THREE
KINGS PARADE, NOW TO BE GRANTED TO GIL PRODUCTIONS CORP., FOR
FIESTAS DE LA CALLE, MIAMI 2019 ("FIESTAS DE LA CALLE, MIAMI 2019
GRANT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE GRANT AGREEMENTS AND ANY AND ALL OTHER NECESSARY
DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS THERETO,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PURPOSES OF THE
RESPECTIVE NEW YEAR'S EVE GRANT AND THE FIESTAS DE LAS CALLE,
MIAMI 2019 GRANT.
SPONSOR(S); Mayor Francis X. Suarez
WHEREAS, the City Manager has made a written finding, attached and incorporated as
Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended
("City Code"), that competitive bidding is not practicable or advantageous for the City in
connection with two (2) proposed community event grants ("Grants") in the amounts of (a)
fifteen thousand dollars ($15,000.00) for the Big Orange New Year's Eve Celebration at Bayside
('"New Year's Eve Grant") and (b) up to twenty thousand dollars ($20,000.00) to Gil Productions
Corp. for Fiestas de la Calle, Miami 2019 ("Fiestas de la Calle, Miami 2019 Grant"); and
WHEREAS, the Miami City Commission ("City Commission"), pursuant to Ordinance No.
13801 adopted October 25, 2018, has previously amended the City Code to abolish the Miami
Sports and Exhibition Authority ("MSEA") and to transfer all assets and liabilities to a new City of
Miami ("City") special revenue account, which has sufficient funds for the City to make the New
Year's Eve Grant as traditionally funded by MSEA in the past; and
WHEREAS, the City Commission has previously, by Ordinance No. 13790 adopted
September 27, 2018, allocated funding from the Non -Departmental Account No.
City of Miami Page I of 3 File JD: 5370 (Revision: A) Printed On: 1/4/2019
File ID: 5370 Enactment Number
00001.980000.882000.0000.00000 to the Three Kings Parade and the full amount is not
needed for 2019 by the Three Kings Parade, so the previous allocation has sufficient remaining
funds for the City to make the reallocation and appropriation of the Fiestas de la Calle, Miami
2019 Grant; and
WHEREAS, the City Manager is requesting authority from the City Commission to
negotiate and execute grant agreements, in a form acceptable to the City Attorney, for the
allocation, reallocation, and appropriations of the Grants as stated herein; and
WHEREAS, in accordance with Section 18-85(a) of the City Code, a public hearing
by the City Commission has been duly advertised by the City Clerk;
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 herein as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote and after an advertised public
hearing, the City Manager's finding, attached and incorporated as Exhibit "A," that competitive
negotiation methods and procedures are not practicable or advantageous to the City pursuant to
Section 18-85(a) of the City Code and waiving the requirements for said procedures is ratified,
approved, and confirmed,
Section 3. The Grants are (a) allocated and appropriated in the amount of fifteen
thousand dollars ($15,000.00) from the remaining MSEA funds in the related Special Revenue
Account for the New Year's Eve Grant and (b) reallocated and appropriated up t❑ twenty
thousand dollars ($20,000.00) from funds in the Non -Departmental Account No.
00001 .980000.882000.0000.00000 previously allocated to the Three Kings Parade, now to Gil
Productions, Inc., for the Fiestas de la Calle, Miami 2019 Grant.
Section 4. The City Manager is authorized' to negotiate and execute grant agreements
and any and all other necessary documents, including but not limited to amendments thereto, in
a form acceptable to the City Attorney, for purposes of the New Year's Eve Grant and the
Fiestas de la Calle, Miami 2019 Grant.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
'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.
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 2 of 3 File 1D; 5370 (Revision: A) Printed on: 11412019
File ID: 5370
Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
2,iI�r4 is v ndez, ty ttor 1/4/2019
City of Miami Page 3 of 3 File iD: 5370 (Revision: A) Printed on: 11412019
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida
on Thursday, January 10, 2019, at 9:00 A.M. at City Hall, located at 3500 Pan
American Drive, Miami, Florida 33133, for the purpose of considering the
following:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (415THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS
ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE
CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING CITY GRANT
FUNDS ("GRANTS") (A) TO BE ALLOCATED AND APPROPRIATED IN THE
AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FROM THE
REMAINING MIAMI SPORTS AND EXHIBITION AUTHORITY (`"MSEA") FUNDS
IN THE RELATED SPECIAL REVENUE ACCOUNT TO THE BIG ORANGE
NEW YEAR'S EVE CELEBRATION AT THE BAYSIDE MARKETPLACE ("NEW
YEAR'S EVE GRANT"), AND (B) REALLOCATING AND APPROPRIATING UP
TO TWENTY THOUSAND DOLLARS ($20,000.00) FROM FUNDS IN THE
NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000.0000.00000
PREVIOUSLY ALLOCATED TO THE THREE KINGS PARADE, NOW TO BE
GRANTED TO GIL PRODUCTIONS CORP., FOR FIESTAS DE LA CALLE,
MIAMI 2019 (FIESTAS DE LA CALLE, MIAMI 2019 GRANT"); AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT
AGREEMENTS AND ANY AND ALL OTHER NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS THERETO, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR PURPOSES OF THE RESPECTIVE NEW YEAR'S EVE
GRANT AND THE FIESTAS DE LAS CALLE, MIAMI 2019 GRANT.
The Miami City Commission requests all interested parties be present or
represented at the meeting and may be heard with respect to any proposition
before the City Commission in which the City Commission may take action.
Should any person desire to appeal any decision of the City Commission with
respect to any matter to be considered at this meeting, that person shall ensure
that a verbatim record of the proceedings is made including all testimony and
evidence upon which any appeal may be based (F.S. 286.0105).
Inquiries regarding this notice may be addressed to Vicente Betancourt, Film and
Culture Administrator, at (305) 416 -1072.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodations to participate in this proceeding may contact the Office
of the City Clerk at (305) 250-5361 (Voice) no later than five (5) business days
prior to the proceeding. TTY users may call via 711 (Florida Relay Service) no
later than five (5) business days prior to the proceeding.
(City Seal)
#30331
Todd B. Hannon
City Clerk