Loading...
HomeMy WebLinkAboutR-20-0182City of Miami Resolution R-20-0182 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7504 Final Action Date: 6/25/2020 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 IN EXHIBIT "A", THAT COMPETITIVE BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85(A) AND 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 THAT THE OVERTOWN OPTIMIST CLUB, INC., A STATE OF FLORIDA NOT -FOR -PROFIT ORGANIZATION ("SERVICE PROVIDER"), IS THE MOST QUALIFIED ORGANIZATION TO PROVIDE SEASONAL RECREATIONAL SPORTS ACTIVITIES AND SERVICES, PHYSICAL FITNESS, YOUTH AFTER SCHOOL LITERACY AND TUTORING PROGRAMS, AND SOCIAL SKILLS BUILDING PROGRAMS (COLLECTIVELY, "PROGRAMS") AND FOR PROGRAM USE, MAINTENANCE, AND OPERATIONS OF THE RELATED CONCESSION STAND AREA ("CONCESSION STAND") FOR PROGRAMMING SERVICES AT THEODORE GIBSON PARK LOCATED AT 401 NW 12TH STREET, MIAMI, FLORIDA 33128 ("GIBSON PARK"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, A UNITED STATES INTERNAL REVENUE SERVICE ("IRS") SAFE HARBOR USE AND PROGRAMMING PARTNERS AGREEMENT ("AGREEMENT") FOR A TWENTY (20) YEAR INITIAL TERM, WITH ONE (1) OPTION TO RENEW FOR A TERM NOT TO EXCEED TWENTY (20) YEARS, SOLELY FOR THE PROGRAMS AT GIBSON PARK AT SUCH TIMES, DATES, SCHEDULES, AND IN SUCH USE AREAS AS TO BE SPECIFIED IN SUCH AGREEMENT, INCLUDING THE OPERATION, MAINTENANCE, AND USE OF THE CONCESSION STAND SOLELY FOR THE PROGRAMS IN GIBSON PARK; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS, MODIFICATIONS, EXTENSIONS, RENEWALS, SUPPLEMENTS, AND DOCUMENTS FOR SAID PURPOSE FOR PROGRAMS AND THE CONCESSION STAND DURING THE PROGRAMS AT GIBSON PARK TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND TAX-EXEMPT BOND PROGRAMS, GRANT FUNDS, AND PARKS IMPACT FEES WHICH PROVIDED FUNDING FOR THE CONSTRUCTION, INSTALLATIONS, RESTORATION, IMPROVEMENTS, AND RENOVATION OF GIBSON PARK FACILITIES INCLUDING THE CONCESSION STAND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, the City of Miami ("City") is the owner of the real property which is part of the City's Parks and Recreation Department ("Parks Department") for programming services at Theodore Gibson Park located at 401 Northwest 12th Street, Miami, Florida 33128 ("Gibson Park"); and City of Miami Page 1 of 4 File ID: 7504 (Revision:) Printed On: 5/2/2025 File ID: 7504 Enactment Number: R-20-0182 WHEREAS, the City Commission has authorized the use of the City's Homeland Defense/Neighborhood Capital Improvement Program Limited Ad Valorem Bond Funds ("City Bond Funds"), has provided City parks impact fees ("Parks Impact Fees"), and has accepted restricted grant funding, all in order to construct, install, reconstruct, improve, and renovate facilities, including the concession stand area ("Concession Stand"), all as part of the City's Parks Department's facilities at Gibson Park; and WHEREAS, in accordance with the Internal Revenue Code's guidelines applicable to agreements involving governmental units and uses of tax-exempt bond -financed facilities by a not -for -profit organization and in consideration of (a) the wishes for the Concession Stand to be operating during some of the Programs described below; (b) ongoing community and Parks Department needs; (c) the uses of Homeland Defense/Neighborhood Capital Improvements Bond Program funding, restricted grants funds, and Park Impact Fees for the construction, installation, reconstruction, improving, and renovations at Gibson Park; and (d) potential future City needs, the City Manager has determined and recommended in his memorandum, attached and incorporated as Exhibit "A," that it is in the best interests of the City to enter into an IRS Safe Harbor Use and Program Partners Agreement ("Agreement") for all guidelines for all intended use areas and Gibson Park generally, including the Concession Stand, with Overtown Optimist Club, Inc., a State of Florida not -for -profit organization ("Service Provider"), to provide seasonal recreational sports activities and services, physical fitness, youth after school literacy and tutoring programs, and social skills building programs (collectively, "Programs") in conjunction with the use of certain areas of Gibson Park to be designated for the Programs and the maintenance, operation, and use of the Concession Stand during some of the Programs as part of the City's Parks Department's facilities; and WHEREAS, for many years, the Service Provider has committed its resources to accomplish successful seasonal recreational programs and youth after school tutoring and literacy programs, among other community public purpose activities; and WHEREAS, the Service Provider is proposing to undertake the proposed Programs at Gibson Park with particular use areas and schedules, including the Programs uses of the Concession Stand to be determined in the Agreement, all in compliance with federal, state, and local laws; and WHEREAS, the Service Provider is in good standing with the City; and WHEREAS, the Service Provider's use of certain areas of Gibson Park for the Programs and the maintenance, operation, and use of the Concession Stand during some of the Programs by the Service Provider will be subject to the following continuing compliance covenants, among others necessary to comply with the City's Bond Funds, the restricted grants, and the parks impact fees requirements, to be included in the Agreement: (a) the use areas must be used only for the Programs; (b) the Concession Stand must be operated, maintained, and used only for the Programs; (c) priority must be given to residents from the City for the Programs; (d) the Service Provider must retain its State of Florida not -for -profit status throughout the initial term of the Agreement and any renewals thereof; (e) the initial term shall be for twenty (20) years, with one (1) renewal not to exceed a twenty (20) year term; (f) neither the City nor the Service Provider shall pay or receive from each other any compensation for the use of the specified use areas of Gibson Park; (g) neither the City nor the Service Provider shall pay or receive from each other any compensation for the operation, maintenance, and/or use of the Concession Stand for the designated Programs; (h) the City must approve in writing in advance any change in the uses, times, dates, and schedules of the designated use areas for the Programs and any City of Miami Page 2 of 4 File ID: 7504 (Revision:) Printed on: 5/2/2025 File ID: 7504 Enactment Number: R-20-0182 change in operations, maintenance, and/or use of the Concession Stand for the designated Programs; and (i) the Service Provider's rights to manage, operate, and use the designated use areas of Gibson Park and the Concession Stand for the designated Programs will terminate and the rights to use the designated use areas for the Program and its rights to operate, maintain, and use the Concession Stand for the designated Programs shall revert to the City in the event the designated use areas cease to be used solely for the Programs and/or the Concession Stand ceases to be operated, maintained, and/or used for the intended Programs' purposes in the community; and WHEREAS, the City Manager has made findings that pursuant to Sections 18-85 and 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods are neither practicable nor advantageous for obtaining said Programs' services for use of the to be determined designated use areas by the Service Provider and the operation, maintenance, operation, and use of the Concession Stand by Service Provider solely in connection with the Programs, and has recommended to the City Commission, as more particularly detailed in Exhibit "A," attached and incorporated, that the recommendations and findings be adopted; and WHEREAS, the City's Administration recommends entering into an Agreement with the Service Provider with continuing compliance conditions, requirements, and provisions, which includes public safety compliance for all related camps, for the City -owned designated use areas for the Programs and the operation, maintenance, and use of the Concession Stand for the designated Programs; 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 findings and recommendations in Exhibit "A," attached and incorporated, that competitive bidding methods and procedures are not practicable or advantageous pursuant to Sections 18-85 and 18-86(a)(3)(c) of the City Code and waiving the requirements for said procedures are ratified, approved, and confirmed. Section 3. The City Commission hereby finds that the Service Provider is the most qualified organization to provide the Programs in conjunction with to be determined designated use areas for the Programs and the related operation, maintenance, and use of the City -owned Concession Stand for designated Programs at Gibson Park. Section 4. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney and Bond Counsel, an Agreement for a twenty (20) year initial term with one (1) option to renew for a term of not to exceed twenty (20) years, solely for the Programs at Gibson Park at such times, dates, schedules, and in such use areas to be specified in such Agreement, including the operation, maintenance, and use of the Concession Stand solely for the Programs at Gibson Park. 1 The herein authorization is further subject to compliance with all requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 4 File ID: 7504 (Revision:) Printed on: 5/2/2025 File ID: 7504 Enactment Number: R-20-0182 Section 5. The City Manager is further authorized,' after consultation with the City Attorney and Bond Counsel, to negotiate and execute any and all other necessary amendments, modifications, extensions, renewals, supplements, and other documents for said purpose for the Programs and use of Gibson Park and the operation, maintenance, and use of the Concession Stand during the Programs at Gibson Park to comply with the requirements of the Internal Revenue Code of 1986, as amended, and tax-exempt bond programs, grant funds, and park impact fees which provided funding for the construction, installation, restoration, improvements, and renovation of Gibson Park's facilities including the Concession Stand. 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 ttor ey 6/16/2020 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 4 of 4 File ID: 7504 (Revision:) Printed on: 5/2/2025