HomeMy WebLinkAboutR-22-0452City of Miami
Resolution R-22-0452
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12856 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"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI ("CITY") AND SHAKE -A -LEG, MIAMI INC. ("SALM"), A
FLORIDA NOT -FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED
BAYFRONT PROPERTY AND ANCILLARY ADJACENT AREAS LOCATED AT
2600 SOUTH BAYSHORE DRIVE, MIAMI, FL, 33133 FOR THE OPERATION
OF A PUBLIC RECREATION CENTER TO PROVIDE WATER -DEPENDENT
MARINE RECREATIONAL, ENVIRONMENTAL, CULTURAL, AND
EDUCATIONAL OPPORTUNITIES TO CITY OF MIAMI RESIDENTS,
ORGANIZED YOUTH GROUPS, DISADVANTAGED SECTORS OF THE
PUBLIC, ORGANIZED COMMUNITY GROUPS, AND THE GENERAL PUBLIC
("PROJECT"); FURTHER ACCEPTING, ALLOCATING, BUDGETING, AND
APPROPRIATING THE CONTRIBUTION FROM SALM TO SERVE AS
MATCHING FUNDS FOR THE REPAIRS OF THE BAYWALK AT THE
PROPERTY ("BAYWALK IMPROVEMENTS"); FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS OR
OTHER DOCUMENTS, INCLUDING AMENDMENTS TO THE LICENSE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
TO PROCEED WITH THE PROJECT AND BAYWALK IMPROVEMENTS, ALL
IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
LAWS, AND STATE OF FLORIDA SUBMERGED LAND LEASE PROVISIONS.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") is the owner of certain real property located
generally at 2600 S Bayshore Drive, Miami, FL 33133 ("Upland") pursuant to a quitclaim deed
granted by the United States of America acting by and through the Secretary of the Interior
("Federal Government") and containing various restrictions including that the Upland be utilized
for public park and recreation purposes; and
WHEREAS, State of Florida owns the submerged lands adjacent to the Upland
("Submerged Lands") and previously granted the City the authority to manage the Submerged
Lands for public purposes ("Original State Agreement"); and
City of Miami Page 1 of 3 File ID: 12856 (Revision: A) Printed On: 6/24/2025
File ID: 12856 Enactment Number: R-22-0452
WHEREAS, the City and Shake A Leg Miami, Inc. ("SALM") originally entered into a
management agreement dated July 12, 2000, as amended by Amendment #1 dated May 30,
2002 and Amendment No. 2 dated June 24, 2003 (as amended, "Management Agreement"), to
provide a public recreation and educational center for the purpose of teaching sailing, navigation
regulations, water safety and other allied subjects to handicapped individuals, youth groups, and
the general public; and
WHEREAS, SALM has possessed, occupied and operated its business on the Upland
and Submerged Land (collectively, "Property") since 1990 and has significant experience in
providing marine recreational services to underserved communities; and
WHEREAS, the Management Agreement has expired and the City and SALM desire to
enter into a new agreement to more particularly set forth the Parties' respective responsibilities
as it relates to the Property; and
WHEREAS, the Original State Agreement has similarly expired, and the City and SALM
are actively seeking approval of a new agreement ("New State Agreement") from the Board of
Trustees of the Internal Improvement Fund of the State of Florida ("State"); and
WHEREAS, the City has determined that entering into a new license agreement
("License") for the Management of the Property, subject to approval by the Federal Government
and the State, is in the City and the greater community's best interest; and
WHEREAS, the City Commission passed Resolution No. R-22-0175 on May 12, 2022,
authorizing the submittal of an application for reimbursement grant funding to the Florida Inland
Navigation District ("FIND") Waterways Assistance Program, for the improvement of the
baywalk within the Upland ("Baywalk Improvements"), and providing for SALM to contribute the
required matching funds ("SALM Contribution") which are currently estimated to equal
approximately twenty-two thousand five hundred forty and XX/100 dollars but which may be
increased subject to approval by the parties; and
WHEREAS, Resolution No. R-22-0175 also provided that in the event of the award, the
appropriation of funds for both eligible and non -reimbursable administrative costs shall be by
separate, future Resolution from funds provided by the SALM Contribution or other legal
available funding sources; and
WHEREAS, FIND has awarded the grant and the City now wishes to accept the SALM
Contribution and allocate such funds for the Baywalk Improvements.
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. Pursuant to Section 18-85(a) and 18-86 (a)(3)(c) 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.
City of Miami Page 2 of 3 File ID: 12856 (Revision: A) Printed on: 6/24/2025
File ID: 12856 Enactment Number: R-22-0452
Section 3. The City Manager is authorized' to negotiate and execute a License, in a
form acceptable to the City Attorney, with additional terms and conditions to be more particularly
set forth in the License.
Section 4. The City Manager is further authorized2 to accept, allocate, and appropriate
the SALM Contribution without the need for further City Commission approval
Section 5. The City Manager is further authorized' to negotiate and execute such
agreements or other documents, including amendments to the License, in forms acceptable to
the City Attorney, as may be necessary to proceed with the Project and Baywalk Improvements.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 11/7/2022
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.
2 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.
City of Miami Page 3 of 3 File ID: 12856 (Revision: A) Printed on: 6/24/2025