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File ID: #12541
Resolution
Sponsored by: Commissioner Joe Carollo
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT
"A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI 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 CITY MANAGER'S RECOMMENDATION AND FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE
NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE
CITY FOR A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE BAY OF
PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC. ("BRIGADE 2506") FOR THE
USE OF TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI,
FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12541 Final Action Date:9/22/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT
"A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI 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 CITY MANAGER'S RECOMMENDATION AND FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE
NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE
CITY FOR A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE BAY OF
PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC. ("BRIGADE 2506") FOR THE
USE OF TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI,
FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of the Tower Theater located at 1508
Southwest 8th Street, Miami, Florida ("Theater"); and
WHEREAS, the Bay of Pigs Veterans Association, 2506 Brigade, Inc. ("Brigade 2506") is
a not for profit corporation that currently runs and maintains a library and museum to honor the
2506 Brigade Veterans through fundamental programs inspired by the same ideals displayed on
April 17, 1961, when the members of 2506 Brigade fought the Communist dictatorship in Cuba;
and
WHEREAS, the Brigade 2506 has identified a need for the use of the Theater and the
City Manager has made a finding that competitive negotiation methods and procedures are not
practicable or advantageous to the City for use of the Theater; and
WHEREAS, the City wishes to allow the Brigade 2506 the use of the Theater;
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
hereby 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 recommendation and finding, attached and incorporated as Exhibit "A", that
competitive negotiation methods and procedures are not practicable or advantageous to the
City pursuant to Section 18-86(a)(3)(c) of the City Code and waiving the requirements for said
procedures is ratified, approved, and confirmed.
Section 3. The City Manager is authorized to negotiate and execute an Agreement, in a
form acceptable to the City Attorney and Bond Counsel, with the Brigade 2506 for the use of the
Theater.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, 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.