Resolution 2023-32731RESOLUTION NO. 2023-32731
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 5/7T" VOTE,
THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING THE
CITY MANAGER TO CONTINUE PURCHASING CABLE TV SERVICES FROM
COGECO US (MIAMI), LLC D/B/A BREEZELINE ON A MONTH -TO -MONTH
BASIS UNTIL SUCH TIME AS A NEW CONTRACT FOR CABLE SERVICES
CAN BE AWARDED; FURTHER AUTHORIZING THE ADMINISTRATION TO
ISSUE AN INVITATION TO NEGOTIATE (ITN) SEEKING PROPOSALS FROM
FIRMS INTERESTED IN NEGOTIATING A CONTRACT WITH THE CITY FOR
CABLE TV SERVICES; AND FURTHER REQUIRING THAT THE ITN BE
PROVIDED TO THE MAYOR AND CITY COMMISSION, PRIOR TO ISSUANCE,
VIA A LETTER TO COMMISSION (LTC).
WHEREAS, On January 14, 2004, the Mayor and City Commission approved the
franchise agreement with Atlantic Broadband Miami LLC ("Atlantic Broadband") to provide cable
television (TV) services city-wide. On March 18, 2022, Atlantic Broadband filed with the Florida
Secretary of State, Division of Corporations, to change its name to Cogeco US (Miami) d/b/a
Breezeline; and
WHEREAS, On July 15, 2022, the Administration issued Invitation to Bid (ITB) 2022-554-
LB seeking bids from cable services providers authorized to operate in the City. The ITB resulted
in a sole bid from Breezeline, which could not be considered as it was non -responsive to the ITB
requirements for failing to include pricing; and
WHEREAS, on September 13, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32283, waiving the formal competitive bidding requirement by a 5/7ths vote, and
authorizing the continued purchase of cable services for City Departments provided by
Breezeline, on a month -to -month basis, through April 30, 2023, or until such time as a new
contract for cable services could be implemented, whichever occurs first; and
WHEREAS, the Administration revised the specifications of the solicitation to eliminate
any perceived barriers to bidding and, on February 27, 2023, issued ITB 2023-064-LB seeking
responses from firms interested in being prequalified to provide cable TV services to City
departments; and
WHEREAS, once again, a sole bid from Breezline was received in response to ITB 2023-
064-LB; and
WHEREAS, because the purpose of ITB 2023-064-LB was to establish a prequalification
pool of viable vendors where quotes could be sought when the need for services arises, the sole
response from Breezeline was rejected; and
WHEREAS, the Administration requests the authority for Citywide expenditure up to an
amount not -to -exceed $100,000; and
WHEREAS, the Administration is seeking authority to continue to pay for services at
current locations and add any new locations that may need service until such time as a new
contract is awarded; and
WHEREAS, it is recommended that the City issue an Invitation to Negotiate (ITN) seeking
service providers authorized to deliver cable TV services within the City; and
WHEREAS, an ITN will allow staff to negotiate with qualified respondents who may have
solutions that differ from the solutions prescribed in prior solicitations.
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
accept the recommendation of the City Manager to waive, by a 5/7ths vote, the formal competitive
bidding requirements, finding such waiver to be in the best interest of the City; authorize the City
Manager to continue purchasing cable TV services from Cogeco US (Miami) LLC d/b/a
Breezeline, on a month -to -month basis until such time as a new contract for cable services can
be awarded; further authorize the Administration to issue an Invitation to Negotiate (ITN) seeking
proposals from firms interested in negotiating a contract with the City for cable TV services; and
further require that the ITN be provided to the Mayor and City Commission, prior to issuance, via
a Letter to Commission (LTC).
PASSED and ADOPTED this 13
ATTESTED BY:
SEP 2 0 20213
Rafael E. Granado
City Clerk
day of September 13, 2023.
Dan Gelber
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
1 13
Date
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 13, 2023
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 5/7TH
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AUTHORIZING THE CITY MANAGER TO CONTINUE PURCHASING
CABLE TV SERVICES FROM COGECO US (MIAMI), LLC D/B/A
BREEZELINE ON A MONTH -TO -MONTH BASIS UNTIL SUCH TIME AS A
NEW CONTRACT FOR CABLE SERVICES CAN BE AWARDED; FURTHER
AUTHORIZING THE ADMINISTRATION TO ISSUE AN INVITATION TO
NEGOTIATE (ITN) SEEKING PROPOSALS FROM FIRMS INTERESTED IN
NEGOTIATING A CONTRACT WITH THE CITY FOR CABLE TV
SERVICES; AND FURTHER REQUIRING THAT THE ITN BE PROVIDED
TO THE MAYOR AND CITY COMMISSION, PRIOR TO ISSUANCE, VIA A
LETTER TO COMMISSION (LTC).
RECOMMENOATION
It is recommended that the Mayor and City Commission approve the Resolution accepting the
recommendation of the City Manager to waive, by a 5/7ths vote, the formal competitive bidding
requirements, finding such waiver to be in the best interest of the City, authorizing the City
Manager to continue purchasing cable TV services from Cogeco US (Miami) LLC d/b/a
Breezeline, on a month -to -month basis until such time as a new contract for cable services can
be awarded. The Resolution also authorizes the Administration to issue an Invitation to
Negotiate (ITN) seeking proposals from firms interested in negotiating a contract with the City
for cable TV services. The ITN will be provided to the Mayor and City Commission, prior to
issuance, via a Letter to Commission (LTC).
BACKG ROIL N DlHISTORY
On January 14, 2004, the Mayor and City Commission approved the franchise agreement with
Atlantic Broadband Miami LLC (Atlantic Broadband) to provide cable television (TV) services
citywide. On March 18, 2022, Atlantic Broadband filed with the Florida Secretary of State,
Division of Corporations, to change its name to Cogeco US (Miami) d/b/a Breezeline.
Since the franchise agreement was approved by the Mayor and City Commission, Breezeline
Page 624 of 2938
has been providing cable TV services to City departments that require such a service. On July
15, 2022, the Administration issued Invitation to Bid (ITB) 2022-554-LB seeking bids from
cable services providers authorized to operate in the City. The ITB resulted in a sole bid from
Breezeline which could not be considered as it was nonresponsive to the ITB requirements for
failing to include pricing. No other bids were received.
After an analysis of the City's spend with Breezeline revealed that annual expenditures exceeded
$100,000 (the formal bid threshold), on September 13, 2022, the Mayor and City Commission
adopted Resolution No. 2022-32283, waiving the formal competitive bidding requirement by a 5/7ths
vote, and authorizing the continued purchase of cable services for City Departments provided by
Breezeline, on a month -to -month basis, through April 30, 2023, or until such time as a new contract
for cable services could be implemented, whichever occurs first.
Subsequently, the Administration revised the specifications of the solicitation to eliminate any
perceived barriers to bidding and, on February 27, 2023, issued ITB 2023-064-LB seeking
responses from firms interested in being prequalified to provide cable TV services to City
departments. Again, a sole bid from Breezline was received in response to ITB 2023-064-LB.
Since the purpose of ITB 2023-064-LB was to establish a prequalification pool of viable
vendors from whom quotes could be sought when the need for services arises, the sole
response from Breezeline was rejected.
ANALYSIS
IT is requesting authority for Citywide expenditure up to an amount not -to -exceed $100,000.
Therefore, the Administration is seeking authority to continue to pay for services at current
locations and add any new locations that may need service until such time as a new contract is
awarded. Additionally, the Administration recommends issuing another competitive solicitation
seeking proposals for cable TV services to City facilities.
Further, it is recommended that an Invitation to Negotiate (ITN) be issued seeking responses
from service providers authorized to deliver cable TV services within the City. An ITN will allow
staff to negotiate with qualified respondents who may have solutions that differ from the
solutions prescribed in prior solicitations.
SUPPORTING SURVEY DATA
NIA
RI J I L, UL" I" F;1 4 16, 1161 :4 �Tl FIN 11.81 k,
%wifiWN
Amounts)/Accoungs):
IT Annual $60,000.00
Housing Annual $11,300.00
Other Dept Annual $10,800.00
Total Spend $82,200
Page 625 of 2938
Amount(s)/Account(s):
IT FUND:
550-0640-000316-14-414-582-00-00-00-
HOUSING FUNDS:
1164001-000316-00-404-534-00-00-00-
116-4004-000342-00-404-534-00-00-00-
1164004-000316-00-404-534-00-00-00-
116-4003-000316-00-404-534-00-00-00-
OTHER DEPT FUNDS:
110-6232-000316-00-401-508-00-00-00-
111-6233-000316-00-401-508-00-00-00-
119-6231-000316-00-401-508-00-00-00-
C��II�I�Tf;�I�7�
It is recommended that the Mayor and City Commission approve the Resolution accepting the
recommendation of the City Manager to waive, by a 5/7ths vote, the formal competitive bidding
requirements, finding such waiver to be in the best interest of the City, authorizing the City
Manager to continue purchasing cable TV services from Cogeco US (Miami) LLC d/b/a
Breezeline, on a month -to -month basis until such time as a new contract for cable services can
be awarded. The Resolution also authorizes the Administration to issue an Invitation to
Negotiate (ITN) seeking proposals from firms interested in negotiating a contract with the City
for cable TV services. The ITN will be provided to the Mayor and City Commission, prior to
issuance, via a Letter to Commission (LTC).
Applicable Area
Citywide
• ► 1
•A, 1 = 11 • !- • It
-1• _ = y T • r,
No
Strategic Connection
Organizational Innovation - Maximize the use of innovative technology.
Legislative Tracking
I nformation Technology
ATTACHMENTS:
Description
❑ Resolution
Page 626 of 2938