HomeMy WebLinkAboutR-17-0094City of Miami
Legislation
Resolution R-17-0094
File Number: 1528
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2017
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 RECOMMENDATIONS 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") PURSUANT TO SECTION
18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES;
APPROVING THE RECOMMENDATIONS AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A", OF THE CITY MANAGER THAT THE
FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A
FLORIDA NOT-FOR-PROFIT CORPORATION ("FOCAL"), IS THE MOST
QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER-SCHOOL TUTORING,
COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK
YOUTH AT MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROGRAMMING PARTNERSHIP AGREEMENT ("PPA"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE
CONTRACT PERIOD COMMENCING OCTOBER 1, 2016 THROUGH
SEPTEMBER 30, 2031; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO
EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS,
RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, TO IMPLEMENT ACCEPTANCE OF AND
COMPLIANCE WITH SAID PPA; ALLOCATING FUNDS IN AN AMOUNT NOT TO
EXCEED $94,452.00 FOR FISCAL YEAR 2016-2017 FROM THE PARKS AND
RECREATION GENERAL FUND ACCOUNT NO.
00001.291001.882000.0000.0000, WITH FUTURE FISCAL YEARS FUNDING
SUBJECT TO BUDGETARY APPROVAL.
WHEREAS, the City of Miami ("City") has previously entered into agreements with
Foundation of Community Assistance and Leadership, Inc. a Florida not-for-profit corporation
("FOCAL"), to provide after-school tutoring, counseling, and computer education services for at -
risk youth at Moore Park; and
WHEREAS, the City's Department of Parks and Recreation ("Department") has
recommended and found that FOCAL is the most qualified firm to continue to provide said after-
school services for at -risk youth at Moore Park; and
WHEREAS, both the City and FOCAL understand that the facilities that FOCAL uses at
Moore Park to provide the services have been renovated/improved by tax-exempt bond funding,
which requires both the City and FOCAL to comply with Internal Revenue Code rules and
regulations regarding uses of tax-exempt bond -financed facilities; and
City of Miami Page 1 of 3 File ID: 1528 (Revision:) Printed On: 5/23/2017
File ID: 1528 Enactment Number: R-17-0094
WHEREAS, the City Manager has approved the recommendations and finding of the
Department and has made finding, attached and incorporated as Exhibit "A", that pursuant to
Section 18-86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"),
competitive negotiation methods and procedures are not practicable or advantageous for
obtaining said services, and has recommended to the City Commission that the
recommendations and finding, attached and incorporated as Exhibit "A", be adopted and that
competitive bidding methods and procedures be waived;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the
City Manager's recommendations and finding, attached and incorporated as Exhibit "A", that
competitive negotiation methods and procedures are not practicable or advantageous to the
City pursuant to Section 18-86(a)(3)(c) of the City Code, waiving the requirements for said
procedures, is ratified, approved and confirmed and the City Manager's recommendations and
finding, attached and incorporated as Exhibit "A", that FOCAL is the most qualified firm to
continue to provide after-school tutoring, counseling, and computer education services for at -
risk youth at Moore Park, is approved.
Section 3. The City Manager is authorized' to execute a Programming Partnership
Agreement ("PPA"), in a form acceptable to the City Attorney and Bond Counsel, for the
contract period commencing October 1, 2016 through September 30, 2031.
Section 4. The City Manager is further authorized' to execute service authorization
letters and to negotiate and to execute the necessary documents, amendments, extensions,
renewals, and modifications, in a form acceptable to the City Attorney and Bond Counsel, to
implement acceptance of and compliance with the PPA.
Section 5. Funds in an amount not to exceed $94,452.00 for Fiscal Year 2016-2017 are
to be allocated from the Parks and Recreation General Fund Account No.
00001.291001.882000.0000.0000, with future Fiscal Years funding subject to budgetary
approval.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' 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 3 File ID: 1528 (Revision:) Printed on: 5/23/2017
File ID: 1528
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor iey. 2/24/2017
Enactment Number: R-17-0094
City of Miami Page 3 of 3 File ID: 1528 (Revision:) Printed on: 5/23/2017