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2014-28645 Reso RESOLUTION NO. 2014-28645 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING THE CITY COMMISSION'S PRIOR ACTION OF SEPTEMBER 11, 2013, WHICH REJECTED ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 095- 2013ME, FOR THE COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS (THE RFP); WITH SUCH DECISION HAVING THE EFFECT OF REINSTATING THE RFP, ALL RESPONSIVE PROPOSALS RECEIVED PURSUANT THERETO, AND THE CITY MANAGERS SEPTEMBER 11, 2013 COMMISSION MEMORANDUM (AND, INCLUDED THEREIN, HIS RECOMMENDATION TO THE CITY COMMISSION WITH RESPECT TO THE DISPOSITION OF THE RFP); FURTHER DIRECTING THE CITY ADMINISTRATION TO PROVIDE THE MAYOR AND INDIVIDUAL CITY COMMISSIONERS WITH THE RFP AND THE PROSPOSALS IN RESPONSE THERETO, FOR THEIR REVIEW AND CONSIDERATION. WHEREAS, on February 6, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) 095-2013ME for the Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo and North Shore Park Tennis Centers (the RFP); and WHEREAS, the RFP was issued on February 13, 2013, with an opening date of March 28, 2013; and WHEREAS, on March 25, 2013, the City Manager, via Letter to Commission (LTC) No. 094-2013, appointed an Evaluation Committee (the "Committee"), which convened on May 13, 2013 to consider the proposals received and interview the proposing teams; and WHEREAS, the Committee unanimously approved a motion to recommend that the Administration enter into negotiations with the top-ranked proposer, Miami Beach Tennis Management, LLC; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc; and WHEREAS, after considering the Committee's recommendation, the City Manager exercised his due diligence and concurred with the Committee's recommendation; and WHEREAS, the City Manager's written recommendation was presented to, and considered by, the City Commission at its September 11, 2013 City Commission meeting; following discussion, and after hearing extensive public comments, the City Commission voted to reject all proposals received pursuant to the RFP, and continue on a month to month basis with the current provider, Greensquare, Inc.; and WHEREAS, at its March 5, 2014 meeting, the City Commission considered a Resolution to waive the competitive bidding requirement and authorize the City Manager to negotiate an agreement with Miami Beach Tennis Management LLC for the management and operation of the City's Flamingo and North Shore Park tennis centers; and WHEREAS, as an alternative to the proposed Resolution, the question was asked whether the City Commission had the ability to take up, consider, and vote on the prior procurement instituted by the City for selection of the tennis centers manager/operator (i.e. the original RFP); and WHEREAS, responding to the City Commission's question, the City Attorney stated that if the sentiment was for the City Commission to be able to review and vote upon the proposals submitted pursuant to the original RFP, then it would first be necessary for the City Commission to rescind the prior City Commission's action of September 11, 2013, rejecting all proposals; and WHEREAS, as a motion to rescind has the effect of changing (or, in this case, repealing) an action previously taken or ordered, following approval of such a motion, the City Commission could re-instate the original RFP, and take such subsequent action with.respect to disposition of the RFP as it deemed proper; and WHEREAS, on March 5, 2014, the City Commission approved a motion to rescind the City Commission's prior action of September 11, 2013 (rejecting all proposals received pursuant to the original RFP); re-instated the RFP; and, with it, all responsive proposals received pursuant to said RFP (as well as the City Manager's September 11, 2013 recommendation to the City Commission with regard to the RFP); and WHEREAS, the City Commission further directed the Administration to provide it with the RFP and the proposals received in response thereto, for their review and consideration (Note: Commissioner Weithorn was absent for the item and therefore did not discuss or vote on the matter). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR- AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby rescind the City Commission's prior action of September 11, 2013, which rejected all proposals received pursuant to Request for Proposals (RFP) No. 095-2013ME, for the Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo and North Shore Park Tennis Centers (the RFP); with such decision having the effect of reinstating the RFP, all responsive proposals received pursuant thereto, and the City Manager's September 11, 2013 Commission Memorandum (and including the Manager's recommendation to the City Commission with respect to the disposition of the RFP); and further direct the Administration to provide the Mayor and individual City Commissioners with the RFP and the proposals in response thereto, for their review and consideration. PASSED AND ADOPTED this 5th day of March, 2014. ATTEST: R a fA el E. Gr-an a - Ph"/is , Mayor �7;4 T:\AGENDA\2014\Mdrc �axh'�\Pa�r�s-aqndd N��r t ion\RFP-095-201 nagement Reso rescinding action of Sept 11,2013 , A APPROVED AS TO ` ' :INCOPF ORATED FORM 8 LA NGUAGE &FOR EXECUTION VV City Attomey Date