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HomeMy WebLinkAboutR-25-0151City of Miami Resolution R-25-0151 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17356 Final Action Date: 4/24/2025 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 ("CITY") AND 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 AND SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION, INC, ("LICENSEE"), FOR THE LICENSEE'S USE OF PORTION OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, SUITE 404, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING AN ADMINISTRATIVE OFFICE TO PROVIDE DISCRIMINATION DEFENSE AND MINORITY REPRESENTATION SERVICES FOR A MONTHLY USE FEE OF ONE HUNDRED FIFTY NINE DOLLARS AND FIFTY-FOUR CENTS ($159.54), PLUS APPLICABLE TAXES FOR THE FIRST YEAR, WITH A GUARANTEE DEPOSIT OF THREE HUNDRED NINETEEN DOLLARS AND EIGHT CENTS ($319.08), SUBJECT TO A THREE PERCENT (3%) INCREASE IN BOTH THE MONTHLY USE FEE AND GUARANTEE DEPOSIT, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LICENSE; FURTHER APPROVING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, THE REDUCTION IN PAYMENTS FOR LICENSEE'S USE OF THE CITY -OWNED PROPERTY; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-08-0070, ADOPTED FEBRUARY 14, 2008, TO ALLOW FOR A LESSER USE FEE THAN THE MINIMUM REQUIRED PURSUANT TO SAID RESOLUTION; 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") owns and operates a public facility known as the Manuel Artime Community Center located at 970 Southwest 1st Street, Miami, Florida 33130 ("Property"); and WHEREAS, the Spanish American League Against Discrimination, Inc. ("Licensee") has expressed its interest in utilizing approximately 471 square feet of vacant office space located at the Property and identified as Suite 404 ("Area") pursuant to a revocable license agreement ("License"); and City of Miami Page 1 of 3 File ID: 17356 (Revision:) Printed On: 8/21/2025 File ID: 17356 Enactment Number: R-25-0151 WHEREAS, the License shall commence upon the effective date and continue until the earlier of one (1) year, as may be extended by the City Manager for one (1) additional year, or upon termination by either party without cause by providing thirty (30) days prior written notice; and WHEREAS, fees for the use of the Property are set pursuant to Resolution No. 08-0070, adopted February 14, 2008; and WHEREAS, Section 18-176(c) of the Code of the City of Miami, Florida, as amended ("City Code") requires that the Licensee submit audited financial statements before the City considers proposals requiring deferrals, abatements, credits or other reductions in payments to the City for any agreements for the use of the City's real property; and WHEREAS, licensee has submitted audited financial statements for consideration in compliance with Section 18-176(c) of the City Code; and WHEREAS, the monthly use fee under the License shall equal one hundred fifty-nine dollars and fifty-four cents ($159.54) ("Monthly Use Fee"), plus applicable taxes, for the first year, which amount is less than the rates established in Resolution No. R-08-0070, adopted February 14, 2008; and WHEREAS, Licensee shall also be responsible to pay a guarantee deposit of three hundred nineteen dollars and eight cents ($319.08) ("Guarantee Deposit"); and WHEREAS, the License shall provide for an annual three percent (3%) increase in both the Monthly Use Fee and Guarantee Deposit, applied annually on October 1; and WHEREAS, the City and Licensee desire and intend to enter into the License authorizing the Licensee's use of the Area pursuant to the above -referenced terms; 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 herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the 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 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 {1} to negotiate and execute the License in a form acceptable to the City Attorney, between the City and Licensee, for the use of the Area, for the purpose of operating administrative office to provide discrimination defense and minority representation services for a monthly use fee equal to one hundred fifty-nine dollars and fifty-four cents ($159.54) plus taxes, if applicable, for the first year with a guarantee deposit of three hundred nineteen dollars and eight cents ($319.08), subject to a three percent (3%) increase in both the Monthly Use Fee and Guarantee Deposit applied annually every October 1, during the term and any renewal terms with terms and conditions to be more specifically set forth in said License. City of Miami Page 2 of 3 File ID: 17356 (Revision:) Printed on: 8/21/2025 File ID: 17356 Enactment Number: R-25-0151 Section 4. Pursuant to Section 18-176(c) of the City Code, by a four -fifths (4/5ths) affirmative vote, the reduction in payments is hereby approved. Section 5. The waiver of the minimum use fees set forth in Resolution No. R-08-0070, adopted February 14, 2008, are hereby approved. Section 6. The City Manager is further authorized' 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. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: g III, C yQttory / 4/14/2025 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 3 of 3 File ID: 17356 (Revision:) Printed on: 8/21/2025