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HomeMy WebLinkAboutR-16-0533City of Miami Legislation Resolution: R-16-0533 File Number: 1155 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/17/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING AN OUT OF SERVICE FIRE APPARATUS, SPECIFICALLY A 1998 PIERCE SABER, SERIAL NO. 4P1 CT02UOXA000870, AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE CITY MANAGER TO DONATE THE FIRE APPARATUS TO THE MIAMI FIREFIGHTERS BENEVOLENT ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID DONATION. WHEREAS, the Miami Firefighters Benevolent Association, Inc., a Florida not for profit organization ("MFFBA") was founded in 1937, is comprised mostly of present and retired City of Miami ("City") Firefighters, and is involved in the community and sometimes national issues; and WHEREAS, the MFFBA receives donations into a 501(c)3 charitable fund and distributes the entirety of the funds back to those in the community that are in need; and WHEREAS, the City's Department of Fire -Rescue ("Fire -Rescue") has a fire apparatus that is not being utilized due to its age and lack of functionality and was scheduled to be auctioned; and WHEREAS, the fire apparatus to be donated is a red 1998 Pierce Saber, serial number 4P1 CT02UOXA000870; and WHEREAS, the City's Chief Procurement Officer has declared the fire apparatus to be surplus; and WHEREAS, pursuant to Section 18-82(a) of the Code of the City of Miami, Florida, as amended ("City Code"), a surplus declared as Category "A" stock shall be available for disposition as the City's contribution or the City's commitment in support of a particular public purpose, which may include community, civic, or social service programs as may be authorized by the City Commission; and WHEREAS, the MFFBA will provide liability insurance, as required, for the fire apparatus donated to the MFFBA; and WHEREAS, Fire -Rescue will be responsible for all maintenance, service and repairs for the vehicle, but expressly reserves the right to revoke this commitment at any time; and WHEREAS, the MFFBA will use the donated fire apparatus for the sole purpose of non- emergency public education and activities or services, and for no other purpose, and specifically never for any political function, activity, or any event that can be perceived as political in nature; and City of Miami Page 1 of 2 File ID: 1155 (Revision:) Printed On: 6/14/2018 File ID: 1155 Enactment Number: R-16-0533 WHEREAS, in the event the donated vehicle is used for any of the aforementioned prohibited purposes or any other inappropriate purpose as determined by the City, the City reserves the right to recover the donated vehicle and revoke this agreement as well as MFFBA's ownership of the vehicle; and WHEREAS, the City Manager recommends adoption of this Resolution allowing the City to donate the fire apparatus to the MFFBA; 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 18-82(a) of the City Code, a red 1998 Pierce Saber, serial number 4P1 CT02UOXA000870 fire apparatus is classified as Category "A" surplus stock. Section 3. The City Manager is authorized' to execute the donation of the fire apparatus to the MFFBA. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i . ndez, City Attor iey 11/712016 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 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. City of Miami Page 2 of 2 File ID: 1155 (Revision:) Printed on: 6/14/2018