R7F-Waive Bidding Management Of Citys Flamingo And North Shore Park Tennis CentR7 -Resolutions
R7F A Resolution Waiving, By 5/7ths Vote, Competitive Bidding, Finding Such Waiver To Be
In The Best Interest Of The City, And Authorizing The City Manager To Negotiate An
Agreement For The Management And Operation Of The City's Flamingo And North
Shore Park Tennis Centers With Miami Beach Tennis Management, LLC And, If
Successful, Further Authorizing The City Manager To Bring The Final Negotiated
Agreement Back To The City Commission For Approval.
(Parks & Recreation)
(Memorandum to be Submitted in Supplemental)
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Agenda Item /;7 F
Date: 5-Jtf
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, COMPETITIVE
BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE
CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS WITH
MIAMI BEACH TENNIS MANAGEMENT, LLC AND, IF SUCCESSFUL,
FURTHER AUTHORIZING CITY MANAGER TO BRING THE FINAL
NEGOTIATED AGREEMENT BACK TO THE CITY COMMISSION FOR
APPROVAL.
WHEREAS, on April 15, 2007, the City entered into an agreement with Green Square,
Inc. (Green Square) for the management and operation of the City's Flamingo Park and North
Shore Tennis Center (the Agreement) for an initial term of three (3) years, with an option to
renew for two (2) additional one year terms; and
WHEREAS, the term of the Agreement expired on April 14, 2012; since then, the
Agreement has been on a month to month term, until such time as a new Request for Proposals
could be issued (to coincide with the conclusion of construction and re-opening of the new
Flamingo Park Tennis Center}, and a new contract entered into; and
WHEREAS, on February 6, 2013, the Mayor and City Commission approved and
authorized the issuance of RFP 095-2013 for the Comprehensive Professional Tennis
Management and Operations Services at the City's Flamingo Park and North Shore Tennis
Centers (the RFP); and
WHEREAS, an Evaluation Committee convened to hear presentations from the
proposers on May 13, 2013, and recommended Miami Beach Tennis Management, LLC as the
top ranked proposer; and
WHEREAS, the City Manager exercised his own due diligence pertaining to the ranked
proposals, and concurred with the Committee's recommendation; and
WHEREAS, the Manager's recommendation was presented to the City Commission at
its September 11, 2013 meeting; after extensive deliberation, which also included extensive
public comment, the City Commission voted to reject all proposals submitted pursuant to the
RFP; continued the current Agreement with Green Square on a month to month term; and
directed the City Manager to report back with a recommendation as to how to proceed with
regard to providing the aforestated tennis management services; and
WHEREAS, on January 9, 2014, Commissioner Tobin placed a discussion and action
item to be heard at the January 151h City Commission meeting, which included discussion
regarding the selection of the management contract for the tennis facilities at North Shore and
Flamingo Park; at the request of several members of the public who contacted his office,
Commissioner Tobin deferred his Agenda item to the February 12, 2014 City Commission
meeting; and
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WHEREAS, following discussion and public comment at the February 12, 2014 meeting,
the City Commission initially voted to waive competitive bidding, as permitted pursuant to
Section 2-367(e) of the City Code, and authorized the City Manager to negotiate an agreement
for the operation and management of the City's tennis centers with Miami Beach Tennis
Management; and
WHEREAS, however, in light of an allegation made by Green Square's counsel,
objecting to the waiver of competitive bidding, on the grounds that the City had not complied
with the procedural requirements of Section 2-367(e) of the City Code; and, further, in order to
be fully transparent with regard to this matter, the City Commission, acting on the
recommendation of the City Attorney's Office, subsequently amended its motion (at that same
February 12, 2014 City Commission meeting) to clarify that the action taken on February 12 1h
was not intended to be final and binding, but rather an expression of sentiment of the
Commission's intent to waive competitive bidding; and
WHEREAS, it was concluded that the matter would be brought back at the March 5,
2014 City Commission meeting, as a formal request for waiver of competitive bidding to award
the contract to Miami Beach Tennis Management; and
WHEREAS, the City has complied with all the procedural requirements and conditions
precedent to the City Commission's consideration of a waiver of competitive bidding, as same
are set forth in Section 2-367(e) of the City Code and the proposed waiver is properly before the
City Commission; and
WHEREAS, following discussion of this matter at the March 5, 2014 City Commission
meeting, and having considered the City Manager's written recommendation, as set forth in the
Commission Memorandum accompanying this Agenda item, and attached and incorporated as
Exhibit "A" to this Resolution, the City Commission finds that it is in the best interest of the City
to waive competitive bidding, and to, authorize the City Manager to negotiate an agreement with
Miami Beach Tennis Management.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
waive, by 5/7ths vote, competitive bidding, finding such waiver to be in the best interest of the
City, and authorize the City Manager to negotiate an agreement for the management and
operation of the City's Flamingo and North Shore Park Tennis Centers with Miami Beach Tennis
Management, LLC and, if successful, further authorizing City Manager to bring the final
negotiated agreement back to the City Commission for approval.
PASSED and ADOPTED this ___ day of ______ , 2014.
ATTEST:
CITY CLERK MAYOR
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APPROVED AS TO
FORM & LANGUAGE
&FOR CUTION
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