Resolution 2022-32283 RESOLUTION NO. 2022-32283
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE,
THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING
AND AUTHORIZING THE CITY MANAGER TO PURCHASE, ON A MONTH TO
MONTH BASIS, THE CABLE SERVICES PROVIDED BY COGECO US (MIAMI),
LLC D/B/A BREEZELINE ("BREEZELINE") F/K/A ATLANTIC BROADBAND
(MIAMI), LLC FOR CITY DEPARTMENTS, COMMENCING RETROACTIVELY
AS OF OCTOBER 1, 2021, AND CONTINUING FOR A PERIOD NOT TO
EXCEED APRIL 30, 2023 OR UNTIL SUCH TIME AS A NEW CONTRACT FOR
CABLE SERVICES MAY BE IMPLEMENTED, WHICHEVER OCCURS FIRST.
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WHEREAS, On January 10, 2001, the Mayor and City Commission adopted Ordinance
No. 2001-3289, providing for the issuance and regulation on cable television franchises for, and
the installation, construction, and operation of, cable television systems within the City of Miami
Beach (Cable Ordinance). The City Commission granted Interlink Communications Partners, LLC
d/b/a Charter Communications, Inc. ("Charter")for a term of ten (10) years; and
WHEREAS, On September 22, 2003, the City received a Federal Communications
Commission (FCC) Form 394 requesting that the City consent to the proposed transfer of the
franchise agreement from Charter to Atlantic Broadband (Miami), LLC ("Atlantic"); and
WHEREAS, On January 14, 2004, the Mayor and City Commission adopted Resolution
2004-25448, approving the proposed transfer of the franchise agreement from Charter to Atlantic
Broadband (Miami), LLC ("Atlantic"); and
WHEREAS, On March 18, 2022, a name change was submitted through the Florida
Secretary of State, Division of Corporations, changing Atlantic Broadband (Miami), LLC's name
to Cogeco US(Miami), LLC, a Delaware limited liability company, d/b/a Breezeline ("Breezeline");
and
WHEREAS, Section 2-366 of the City Code establishes the formal bid threshold for the
purchase of goods and services at $100,000.00; and
WHEREAS, Section 2-369 (Award of Contract) of the City Code establishes that the
purchases of goods and services, that do not exceed the threshold amount of$100,000.00, may
be awarded by the City Manager or his designee, to the lowest and best bidder; however, when
the purchase amount exceeds the threshold amount, a formal competitive bidding process is
required to secure such goods and services, and the City Commission would be required to award
the contract to the lowest and best bidder, or may delegate to the City Manager the power to
award such contract to the lowest and best bidder; and
WHEREAS, It has been recognized through Work Orders, and an audit of the spend to
Atlantic Broadband over the past year that the Administration is not in compliance with the
requirements of City Code of Ordinances Section 2-369, in that the total cumulative sums have
exceeded the threshold amount and the Administration requires the approval of the City
Commission to continue to purchase these cable services for the City Administration
Departments; and
WHEREAS, the IT and Procurement Departments are currently working on establishing a -
contract for the provision of cable services citywide; and
WHEREAS, as set forth in the City Commission Memorandum accompanying this
Resolution, and as required pursuant to Section 2-367(e) of the City Code, the City Manager
recommends waiving, by 5/7th vote of the members of the City Commission,the formal competitive
bidding requirement, as being in the best interest of the City; and approving the purchase of cable
services provided by Breezeline, commencing retroactively as of October 1, 2021, for a period
not to exceed April 30, 2023 or until such time as a new contract for cable services may be
implemented, whichever occurs first, in order to avoid the interruption of cable services for the
City Departments.
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 accept the written recommendation of the City Manager and waive, by 5/7th vote, the
formal competitive bidding requirement, finding such waiver to be in the best interest of the City,
and approve and authorize the City Manager to purchase, on a month to month basis, the cable
services provided by Cogeco Us (Miami), LLC d/b/a Breezeline ("Breezeline") f/k/a Atlantic
Broadband (Miami), LLC for City Departments, commencing retroactively as of October 1, 2021,
and continuing for a period not to exceed April 30, 2023 or until such time as a new contract for
cable services may be implemented,'whichever occurs first.
PASSED and ADOPTED this M day of September, 2022.
` l.,B„,„1j
ATTEST: `; 4, Dan Gelber, Mayor
It�(ORFt,
tED1 5
1,1
94 �
Rafael E. ranado, City Clerk
SEP 2 1 2022
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
city Attorney f1�.,r Date
Resolutions-C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5RTH
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE,
ON A MONTH-TO-MONTH BASIS, THE CABLE SERVICES PROVIDED BY
COGECO US (MIAMI), LLC D/B/A BREEZELINE ("BREEZELINE") F/K/A
ATLANTIC BROADBAND (MIAMI), LLC FOR CITY DEPARTMENTS,
COMMENCING RETROACTIVELY AS OF OCTOBER 1, 2021, AND
CONTINUING FOR A PERIOD NOT TO EXCEED APRIL 30, 2023 OR UNTIL
SUCH TIME AS A NEW CONTRACT FOR CABLE SERVICES MAY BE
IMPLEMENTED, WHICHEVER OCCURS FIRST.
RECOMMENDATION
Adopt the Resolution
BACKGROUND/HISTORY
On January 10, 2001, the Mayor and City Commission adopted Ordinance No. 2001-3289,
providing for the issuance and regulation on cable television franchises for, and the installation,
construction, and operation of, cable television systems within the City of Miami Beach (Cable
Ordinance). The City Commission granted Interlink Communications Partners, LLC d/b/a
Charter Communications, Inc. ("Charter")for a term of ten(10)years.
On September 22, 2003, the City received a Federal Communications Commission (FCC)
Form 394 requesting that the City consent to the proposed transfer of the franchise agreement
from Charter to Atlantic Broadband(Miami), LLC ("Atlantic").
On January 14, 2004, the Mayor and City Commission adopted Resolution 2004- 25448,
approving the proposed transfer of the franchise agreement from Charter to Atlantic Broadband
(Miami), LLC ("Atlantic").
On March 18, 2022, a name change was submitted through the Florida Secretary of State,
Page 419 of 1700
Division of Corporations, changing Atlantic Broadband (Miami), LLC's name to Cogeco US
(Miami), LLC, a Delaware limited liability company,d/b/a Breezeline("Breezeline").
Section 2-366 of the City Code establishes the formal bid threshold for the purchase of goods
and services at $100,000.00. Section 2-369 (Award of Contract) of the City Code establishes
that the purchases of goods and services, that do not exceed the threshold amount of
$100,000.00, may be awarded by the City Manager or his designee, to the lowest and best
bidder, however, when the purchase amount exceeds the threshold amount, a formal
competitive bidding process is required to secure such goods and services, and the City
Commission would be required to award the contract to the lowest and best bidder, or may
delegate to the City Manager the power to award such contract to the lowest and best bidder.
It has been recognized through Work Orders, and an audit of the spend to Atlantic Broadband
over the past year that the Administration is not in compliance with the requirements of City
Code of Ordinances Section 2-369, in that the total cumulative sums have exceeded the
threshold amount and the Administration requires the approval of the City Commission to
continue to purchase these cable services for the City Administration Departments.
The IT and Procurement Departments are currently working on establishing a contract for the
provision of cable services citywide as set forth in the City Commission. Memorandum
accompanying this Resolution, and as required pursuant to Section 2-367(e) of the City Code,
the City Manager recommends waiving, by 5/7th vote of the members of the City Commission,
the formal competitive bidding requirement, as being in the best interest of the City; and
approving the purchase of cable services provided by Breezeline, commencing retroactively as
of October 1, 2021, for a period not to exceed April 30, 2023 or until such time as a new
contract for cable services may be implemented, whichever occurs first, in order to avoid the
interruption of cable services for the City Departments.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Amount(s)/Account(s):
N/A
CONCLUSION
The City Manager recommends that the Mayor and City Commission approve and waive, by
5/7th vote, the formal competitive bidding requirement, finding such waiver to be in the best
interest of the City, and approve and authorize the City Manager to purchase, on a month to
month basis, the cable services provided by Cogeco Us (Miami), LLC d/b/a Breezeline
("Breezeline") f/k/a Atlantic Broadband (Miami), LLC for City Departments, commencing
retroactively as of October 1, 2021, and continuing for a period not to exceed April 30, 2023 or
until such time as a new contract for cable services may be implemented,whichever occurs first.
Page 420 of 1700
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Information Technology
ATTACHMENTS:
Description
o Resolution
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