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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12765 Date: 10/13/2022 Commission Meeting Date: 11/17/2022 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 1 Type: Resolution Subject: Auth. City Manager - Child Care - Allapattah Community Action Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to negotiate and execute Revocable License ("Agreement") between City of Miami and Allapattah Community Action, Inc., Day Care ("Licensee") for the use of City owned property at 1836 N.W. 22nd Place, Miami, Florida ("Area"). The Agreement is for the purpose of providing low-cost day-care service to area residents. The Agreement will be for a period of ten (10) years subject to a 30-day revocable provision and the monthly fee will be $50.00 plus Florida Sales Tax, if applicable. Further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said Agreement, in a form acceptable to the City Attorney, as may be necessary. Background of Item: The City of Miami and Licensee ("Parties") desire and intend to enter into a Revocable Permit ("Permit") on of the use of City -owned Property located at 1836 NW 22 Place, Miami, Florida (Property"). Licensee's organizational purpose is to operate a low-cost, Day -Care Service to qualifying area residents. The Licensee has expressed its interest in continuing utilize the Property for its uses. This Revocable License Agreement is not assignable . This Agreement is Revocable -at -Will by the City and without the consent of the Licensee and does not transfer an interest in real property including any leasehold interest in real property. Agreement does not confer a right to use any real property for any general purposes. This Agreement permits only certain, enumerated, specific, listed permitted uses and does not permit anything further and is subject to the audit and inspection rights set forth in Sections 18-100 and 18-102 of the Code of the City of Miami, Florida as amended ("Code"). Agreement confers no exclusive possession of the Property and does not convey or transfer any right to exclude the City from any real property. The Parties jointly and voluntarily stipulate as to the accuracy of these recitals. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office OMNI Community Redevelopment Office of the City Attorney City Commission Office of the City Clerk Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Larry M. Spring Valentin J Alvarez Arthur Noriega V Agency Victoria Mendez Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Isiaa Jones Approved Form and Correctness Meeting Rendered Completed 10/23/2022 9:41 AM Completed 10/24/2022 10:41 AM Completed 10/24/2022 10:56 AM Completed 10/26/2022 9:58 AM Completed 10/26/2022 11:15 AM Completed 10/26/2022 12:52 PM ACA Review Completed Completed 11/06/2022 10:04 PM Completed 11/17/2022 9:00 AM Completed 11/18/2022 11:48 PM City of Miami Legislation Resolution Enactment Number: R-22-0451 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12765 Final Action Date:11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., ("LICENSEE") FOR THE LICENSEE'S USE OF THE CITY -OWNED PROPERTY LOCATED AT 1836 NORTHWEST 22ND PLACE, MIAMI, FLORIDA FOR THE PURPOSE OF PROVIDING LOW-COST DAY-CARE SERVICE TO AREA RESIDENTS FOR A MONTHLY USE FEE EQUAL TO FIFTY DOLLARS ($50.00) PLUS TAXES, IF APPLICABLE WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. WHEREAS, the City of Miami ("City") is the owner of the property located at 1836 Northwest 22 Place, Miami, Florida ("Property'); and WHEREAS, the City entered into a Revocable License Agreement on August 13, 2002, with Allapattah Community Action, Inc. ("Licensee") for use of the Property to allow Licensee to operate a low-cost day-care service to qualifying area residents ("Original License"); and WHEREAS, the Original License has expired, and Licensee has expressed its interest in continuing to utilize the Property for its uses; and WHEREAS, in light of the various benefits provided to the community by Licensee, the City has determined it is in the City's best interest to enter into a new Revocable License Agreement ("Agreement") to allow Licensee to continue to provide the services indicated herein under the same terms and conditions as the Original License, subject to the inclusion certain insurance requirements and such changes required by the City Attorney; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is hereby authorized' to execute the Agreement in a form acceptable to the City Attorney, between the City and Licensee, for the continued use of the Property, for the purpose of providing low-cost day-care service to area residents providing for a monthly use fee equal to fifty dollars ($50) plus taxes, with terms and conditions as more specifically set forth in said agreement. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 11/6/2022 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.