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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #16508 Resolution Sponsored by: Commissioner Miguel Gabela 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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT - FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED PROPERTIES LOCATED AT 850 NORTHWEST 23 STREET AND 920 NORTHWEST 23 STREET, MIAMI, FLORIDA, 33127, FOR BENEVOLENT AND CHARITABLE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, FOOD DISTRIBUTION TO THE NEEDY ("PROJECT"); 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, ALL IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. City of Miami Legislation Resolution Enactment Number: R-24-0375 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16508 Final Action Date:9/26/2024 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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT - FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED PROPERTIES LOCATED AT 850 NORTHWEST 23 STREET AND 920 NORTHWEST 23 STREET, MIAMI, FLORIDA, 33127, FOR BENEVOLENT AND CHARITABLE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, FOOD DISTRIBUTION TO THE NEEDY ("PROJECT"); 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, ALL IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. WHEREAS, the City of Miami ("City") is the owner of two (2) contiguous properties located at 850 Northwest 23 Street and 920 Northwest 23 Street, Miami, Florida, 33127 (collectively, "Properties"), pursuant to a Miami -Dade County ("County") Deed ("Deed"); and WHEREAS, the Deed contains restrictions limiting use of the Properties to "a Baseball or Sports Complex or associated uses"; and WHEREAS, Miami Bethany Community Services, Inc. ("MBCS"), is a Florida not -for - profit corporation, with the purpose of providing relief of the poor, distressed, and underprivileged; and WHEREAS, MBCS has expressed its interest in utilizing the Properties for benevolent and charitable activities including, but not limited to, food distribution to the needy; and WHEREAS, the City has determined that entering into a revocable license agreement ("RLA"), with MBCS for the Project, subject to approval by the County, is in the City's and the greater community's best interest; 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) of the Code of the City of Miami, Florida, as amended ("City 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 sealed bidding are not practicable or advantageous, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. Subject to County's approval to release or waive the Deed restrictions, the City Manager is authorized' to negotiate and execute a Revocable License Agreement, in a form acceptable to the City Attorney, with additional terms and conditions to be more particularly set forth in the License. Section 4. Provided MBSC complies with Section 18-176 of the City Code, MBCS shall pay a nominal or, no fee, to City for its use of the Properties. 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. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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.