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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6684 Final Action Date: MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION OF THE SERVICES AS DESCRIBED BELOW; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY'S DEPARTMENT OF PARKS AND RECREATION AND DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, AS MORE SPECIFICALLY DETAILED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, THAT SHAKE -A -LEG MIAMI, INC. A FEDERAL NOT - FOR -PROFIT CORPORATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND A FLORIDA NOT -FOR -PROFIT CORPORATION ("SHAKE -A -LEG"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE INSTRUCTION, PROGRAMS, RECREATIONAL, AND LEARNING OPPORTUNITIES INVOLVING SAILING, NAVIGATION REGULATIONS, WATER SAFETY, AND OTHER ALLIED SUBJECTS TO PERSONS WITH DISABILITIES, YOUTH GROUPS, AND THE GENERAL PUBLIC AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, EDUCATIONAL, AND RECREATIONAL ACTIVITIES (COLLECTIVELY, "SERVICES") AT THE CITY'S WATERFRONT RECREATION CENTER AND PARK PORTION OF THE VIRRICK GYM ADMINISTRATION BUILDING AND HANGAR BUILDING AT THE CITY -OWNED PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA AND A PORTION OF THE DINNER KEY PICNIC ISLANDS AND SUBMERGED LANDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARKS AND RECREATION SERVICES IRS SAFE HARBOR MANAGEMENT AGREEMENT FOR ONGOING COMPLIANCE WITH PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED ("IRS CODE"), AND CERTAIN UNITED STATES TREASURY REGULATIONS PROMULGATED THEREUNDER ("U.S. TREASURY REGULATIONS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH SHAKE -A -LEG TO CONTINUE THE SERVICES AND MANAGEMENT FOR A CONTRACT PERIOD NOT TO EXCEED FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUCH FURTHER AMENDMENTS, ALTERATIONS, VARIATIONS, MODIFICATIONS, OR WAIVERS THAT DO NOT EXCEED THE AMOUNT PAYABLE AND DO NOT CHANGE THE LENGTH OF THE EFFECTIVE TERM WITH RENEWALS IN ORDER TO COMPLY WITH IRS CODE, U.S. TREASURY REGULATIONS, U.S. DEPARTMENT OF INTERIOR REQUIREMENTS, AND STATE OF FLORIDA SUBMERGED LANDS LEASE PROVISIONS. SPONSOR(S): Commissioner Ken Russell WHEREAS, the City of Miami ("City") owns and the City's Department of Parks and Recreation ("Parks Department") and the Department of Reals Estate and Asset Management ("DREAM") together manage certain upland property located at 2600 Bayshore Drive ("Upland Site") which was deeded to the City by the United States ("U.S.") Department of the Interior with City of Miami Page 1 of 4 File ID: 6684 (Revision:) Printed On: 5/2/2025 File ID: 6684 Enactment Number: continuing compliance restrictions for use as a public waterfront recreational center and park; and WHEREAS, the City also owns and manages certain submerged lands adjacent to the Upland Site ("City Submerged Lands") and certain spoil islands off of the Upland Site ("Picnic Islands"); and WHEREAS, the City also leases certain other submerged lands owned by the State of Florida ("State Submerged Lands") through its Board of Trustees of the Internal Improvement Trust Fund ("Trustees") which are also managed by the Parks Department and DREAM; and WHEREAS, since July 12, 2000, Shake -A -Leg Miami, Inc., a federal not -for -profit corporation under Section 501(3)(c) of the Internal Revenue Code and a State of Florida not -for - profit corporation ("Shake -A -Leg"), has provided on behalf of the City certain waterfront programs, recreational, and learning opportunities involving sailing, navigation regulations, water safety, and other allied subjects to disabled individuals, youth groups, veterans groups, and the general public (collectively, "Programs"); and WHEREAS, from time to time, Shake -A -Leg has added additional public services to a portion of the Picnic Islands, the Administration Building ("Building"), and the Hangar Building ("Hangar") located at the Upland Site; and WHEREAS, the uses by the City and Shake -A -Leg of the State's Submerged Lands under the submerged lands lease ("Submerged Lands Lease") with the City are subject to the approval of the Trustees; and WHEREAS, the uses, services, and programming by the City and Shake -A -Leg of the Upland Site are also subject to public park purposes waterfront recreational center requirements pursuant to the U.S. Department of Interior's deed; and WHEREAS, certain portions of the Upland Site have been improved from time to time with tax-exempt bond funds and restricted grant funds requiring ongoing compliance therewith; and WHEREAS, the City and Shake -A -Leg desire for Shake -A -Leg to continue to operate and provide program management for certain community service programs, family events, cultural, educational, and recreational events as a waterfront recreational center (collectively, "Services") specifically directed at and designed for the use of disadvantaged sectors of the public, persons with disabilities, youth groups, community groups, and special needs groups ("Services Groups") utilizing certain portions of the Upland Site, the Submerged Lands, the Picnic Islands, the Building, and the Hangar and to set forth the terms and conditions for Shake- A-Leg's Services to Shake-A-Leg's Services Groups and uses of the Upland Site, the City's Submerged Lands, the State Submerged Lands, and the Picnic Islands by Shake -A -Leg for such Services pursuant to a Parks and Recreation Services IRS Safe Harbor Management Agreement for ongoing compliance with provisions of the Internal Revenue Code of 1986, as amended ("IRS Code") and certain U.S. Treasury Department regulations promulgated thereunder ("U.S. Treasury Regulations"), in a form acceptable to the City Attorney and Bond Counsel, for a contract period not to exceed five (5) years; and WHEREAS, pursuant to Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), it is in the best interests of the City for the City Commission, by a City of Miami Page 2 of 4 File ID: 6684 (Revision:) Printed on: 5/2/2025 File ID: 6684 Enactment Number: four-fifth(s) (4/5ths) affirmative vote, after an advertised public hearing, to ratify, approve, and confirm the City Manager's recommendations and findings, attached and incorporated in Composite Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-86(a)(3)(c) of the City Code, to waive the requirements for said procedures, and to find and determine that Shake -A -Leg is the most qualified firm to continue to provide the Services at the City's waterfront recreation center and park located at the Upland Site, the Building, the Hangar, a portion of the Picnic Islands, and the Submerged Lands; 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. Pursuant to Section 18-86(a)(3)(c) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written recommendations and findings, attached and incorporated as Composite Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City for the provision of the Services are hereby ratified, approved, and confirmed; the requirements for said procedures are waived; and the recommendations and findings in Composite Exhibit "A," attached and incorporated, that Shake -A -Leg is the most qualified firm to continue to provide Services at the City's waterfront recreation center and park portion of the Building and the Hangar at the Upland Site and a portion of the Picnic Islands and Submerged Lands are approved. Section 3. The City Manager is authorized' to negotiate and execute a Parks and Recreation Services IRS Safe Harbor Management Agreement for ongoing compliance with provisions of the IRS Code and certain U.S. Treasury Regulations, in a form acceptable to the City Attorney and Bond Counsel, with Shake -A -Leg to continue the Services and management for a contract period of not to exceed five (5) years. Section 4. The City Manager is further authorized1 to negotiate and execute, all in a form acceptable to the City Attorney and Bond Counsel, such further amendments, alterations, variations, modifications, or waivers that do not exceed the amount payable and do not change the length of the effective term with renewals in order to comply with IRS Code, U.S. Treasury Regulations, U.S. Department of Interior requirements, and State of Florida Submerged Lands Lease provisions. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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. 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 4 File ID: 6684 (Revision:) Printed on: 5/2/2025 File ID: 6684 Enactment Number: APPROVED AS TO FORM AND CORRECTNESS: z, i y ttor ey ) 11/12/2019 City of Miami Page 4 of 4 File ID: 6684 (Revision:) Printed on: 5/2/2025