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HomeMy WebLinkAboutR-19-0262City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution: R-19-0262 File Number: 6165 Final Action Date: 7/11/2019 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 FINDINGS THAT COMPETITIVE BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85(A) AND 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 FINDINGS OF THE CITY OF MIAMI ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS DEPARTMENT") AND DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") THAT FLORIDA FILM HOUSE INTERNATIONAL, INC., A STATE OF FLORIDA AND FEDERAL NOT-FOR-PROFIT ORGANIZATION ("MANAGER"), IS THE MOST QUALIFIED ORGANIZATION TO PROVIDE DOCUMENTARY FILM LIBRARY SERVICES, AND SUBSTANTIALLY RELATED HISTORIC, EDUCATIONAL, INSTRUCTIONAL, YOUTH, COMMUNITY, CULTURAL, AND DOCUMENTARY FILM CREATION, ARCHIVES, AND MAINTENANCE PROGRAMS, SUCH AS THE FIRST TAKE YOUTH FILM PROGRAM, AND OTHER SUCH ACTIVITIES (COLLECTIVELY, "DOCUMENTARY FILM LIBRARY PROGRAMS"), IN CONJUNCTION WITH THE MANAGEMENT, OPERATION, AND USE OF THE CITY -OWNED D.A. DORSEY MEMORIAL LIBRARY BUILDING ("LIBRARY"), AT THE PROPERTY WHICH IS PART OF THE CITY'S PARKS DEPARTMENT FOR PROGRAMMING SERVICES, AND IS LOCATED AT 100 NW 17TH STREET, MIAMI, FLORIDA 33136, LEGALLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, A U. S. INTERNAL REVENUE SERVICE ("IRS") SAFE HARBOR MANAGEMENT AGREEMENT FOR A FIVE (5) YEAR INITIAL TERM, WITH UP TO TWO (2) OPTIONS TO RENEW FOR TERMS OF FIVE (5) YEARS EACH, WITH MANAGER FOR THE MANAGEMENT, OPERATION, AND USE OF THE PROPERTY AND THE LIBRARY FOR A DOCUMENTARY FILM LIBRARY AND COMMUNITY PARKS FACILITY LOCATION FOR THE DOCUMENTARY FILM LIBRARY PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSES FOR MANAGEMENT, OPERATION, AND USE(S) OF THE PROPERTY TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND OF TAX-EXEMPT BOND PROGRAMS, GRANT FUNDS, AND PARKS IMPACT FEES WHICH PROVIDED FUNDING FOR THE RESTORATION AND RENOVATION OF THE PROPERTY AND THE LIBRARY AS PART OF THE CITY'S PARKS DEPARTMENT FACILITIES; PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, pursuant to a warranty deed with the notation "(FOR LIBRARY PURPOSES)" from the Washington Heights Library Association dated February 25, 1942 ("Deed"), the City of Miami ("City") is the owner of the real property located at 100 Northwest 17th Street, Miami, Florida 33136 ("Property"), and the building located thereon commonly City of Miami Page 1 of 4 File ID: 6165 (Revision:) Printed On: 7/29/2019 File ID: 6165 Enactment Number: R-19-0262 known as the D.A. Dorsey Memorial Library ("Library") (a legal description of which Property along with the Deed, are attached and incorporated hereby as "Composite Exhibit A"), and WHEREAS, in 1966 the City entered into an agreement with Dade County ("County"), with the consent of the D.A. Dorsey family heirs, to allow the County's Economic Opportunity Program to operate from the Property and the Library, and then later the County's Community Action Agency, as the successor program, operated from the Property and the Library until 1986; and WHEREAS, pursuant to City Commission Resolution No. R-03-1027, adopted September 25, 2003, the City accepted privately funded in-kind services through the Turkel Resource Foundation Inc. ("Foundation"), consisting of fifty thousand dollars ($50,000.00) ("Grant Funds") which were donated to continue restoration improvements to the Library; and WHEREAS, the Miami City Commission ("City Commission") overtime (1) has accepted and authorized the use of two hundred and fifty thousand dollars ($250,000.00) in funding from the Miami -Dade County ("County") Building Better Communities General Obligation Bonds ("Bond Programs"), and (2) has provided a total of one million, one hundred and two thousand, seven hundred ninety-one dollars and sixty cents ($1,102,791.60) from City Parks Impact Fees, all in order to restore the Library on the Property, as part of the City's Parks Department facilities; and WHEREAS, (i) in accordance with the Internal Revenue Code guidelines applicable to agreements involving governmental units and uses of bond -financed facilities by a not-for-profit organization with tax-exempt status under Internal Revenue Code Section 501(c)(3), and (ii) in consideration of (a) the wishes for a library component to be substantially featured at the Property, (b) ongoing community and Parks Department needs, (c) the uses of Homeland Defense/Neighborhood Capital Improvements Bond Program funding and Park Impact Fees to restore the Library building, and (d) potential future City needs, the City Manager has determined and recommended in his Memorandum attached and incorporated as Composite Exhibit B that it is in the best interests of the City to enter into an IRS Safe Harbor Management Agreement for the Property and the Library with Florida Film House International, Inc., a State of Florida and Federal not-for-profit organization ("Manager"), to provide documentary film library services and substantially related historic, educational, instructional, youth, community, cultural, and documentary film creation, archive and maintenance programs, the First Take Youth Film Program and other such activities (collectively, "Documentary Film Library Programs") in conjunction with the management, operation, and use of the Property and the Library as part of the City's Parks Department facilities; and WHEREAS, Manager is a Florida and federal not for profit organization which for the past two (2) years has committed its resources to accomplish a successful educational film mentorship program; and WHEREAS, Manager is proposing to undertake the proposed Documentary Film Library Programs at the Library on the Property in order to provide historical preservation, educational, employment growth, and arts and entertainment opportunities and a diverse event space for the community; and WHEREAS, Manager is in good standing with the City; and WHEREAS, the development, management, and use of the Library and the Property by the Manager will be subject to the following continuing compliance covenants, among others City of Miami Page 2 of 4 File ID: 6165 (Revision:) Printed on: 7/29/2019 File ID: 6165 Enactment Number: R-19-0262 necessary to comply with the Homeland Defense/Neighborhood Capital Improvements Bond Program and the Parks Impact Fees requirements, to be included in the IRS Safe Harbor Management Agreement: (i) the Property must be managed, operated, and used only for the Documentary Film Library Programs; (ii) priority must be given to residents from the City and the County; (iii) the Manager must retain its State of Florida and Federal not-for-profit status throughout the initial term of the IRS Safe Harbor Management Agreement and any renewals thereof; (iv) the initial term shall be for five (5) years, with up to two (2) options to renew for five (5) years each term; (v) neither the City nor the Manager shall pay or receive from each other any compensation for the development, management, and/or use of the Property and the Library; (vi) the City must approve in writing in advance any change in development, management and/or use of the Property and the Library; and (vii) the Manager's rights to manage, operate and use the Property and the Library will terminate and the rights to manage, operate, and use the Property and the Library shall revert to the City in the event the Property and the Library cease to be managed, operated and/or used for the intended Documentary Film Library Programs purposes in the community Parks facility; and WHEREAS, the City Manager has approved the recommendations of the Parks Department and DREAM, and has made findings that pursuant to Sections 18-85 and 18- 86(a)(3)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods are neither practicable nor advantageous for obtaining said Documentary Film Library Program services for management, operation, and use of the Property and the Library, and has recommended to the City Commission that the recommendations and findings be adopted; and WHEREAS, the Administration recommends entering into an IRS Safe Harbor Management Agreement, with continuing compliance conditions and provisions, for the City - owned Property and Library for the management, operation, and use of the Property and the Library for the Documentary Film Library Programs as part of the City's Parks Department facilities; 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. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's findings and recommendations that competitive bidding methods and procedures are not practicable or advantageous pursuant to Sections 18-85 and 18-86(a)(3)(c) of the City Code, waiving the requirements for said procedures, is ratified, approved and confirmed and the City's Parks Department's and DREAM's recommendations and findings that Florida Film House International, Inc., a Florida and federal not-for-profit corporation ("Manager"), is the most qualified organization to provide the Documentary Film Library Programs in conjunction with the management, operation, and use of the City -owned D.A. Dorsey Memorial Library building ("Library") at the property which is part of the City's Parks Department for programming services and is located at 100 Northwest 17th Street, Miami, Florida 33136 as legally described in Composite Exhibit A, attached and incorporated ("Property"), is approved. City of Miami Page 3 of 4 File ID: 6165 (Revision:) Printed on: 7/29/2019 File ID: 6165 Enactment Number: R-19-0262 Section 3. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney and Bond Counsel, an IRS Safe Harbor Management Agreement, for a five (5) year initial term with up to two (2) options to renew for terms of five (5) years each, with the Manager for the management, operation, and use of the Property and the Library for a documentary film library and community Parks facility location for the Documentary Film Library Programs. Section 4. The City Manager is further authorized,' after consultation with the City Attorney and Bond Counsel, to negotiate and execute all other necessary document(s) for said purpose for management, operation, and use(s) of the Property and the Library to comply with the requirements of the Internal Revenue Code of 1986, as amended, the Bond Programs, the Grant Funds, and the Park Impact Fees which provided funding for the restoration and renovation of the Property and the Library as part of the City's Parks Department facilities. Section 5. 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 ey 7/1/2019 ' 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 4 of 4 File ID: 6165 (Revision:) Printed on: 7/29/2019