94-21029 RESO
RESOLUTION NO. 94-21029
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND NATIONAL DATA AND
COMMUNICATIONS, INC.(NATIONAL DATA), PENDING
NEGOTIATIONS BETWEEN THE CITY AND NATIONAL
DATA FOR THE ACQUISITION OF THE EQUIPMENT
PURSUANT TO THE EXERCISE OF THE CITY'S OPTION
TO PURCHASE SAME UNDER THE AGREEMENT; SAID
EXTENSION COMMENCING ON FEBRUARY 9, 1994, AND
ENDING ON APRIL 30, 1994.
WHEREAS, pursuant to Request for Proposal 106-85/90 for
providing Voice and Data Telecommunications Services at the city of
Miami Beach Convention Center, the Mayor and City Commission
approved Resolution No. 86-18703, authorizing the Mayor and City
Clerk to execute an Agreement between the City and the successful
proper, Future Telecommunications, Inc. (the Agreement) and
WHEREAS, on July 13, 1988, the Mayor and City commission
approved Resolution No. 88-19294, approving the assignment of the
aforestated Agreement from Future Telecommunications, Inc. to Miami
Communications, Inc.; and
WHEREAS, National Data and Communications, Inc. (National
Data) is the successor in interest to Miami Communications, Inc.;
and
WHEREAS, the Administration has entered into negotiations for
the acquisition of the voice and data telecommunications equipment
(the Equipment), pursuant to its option to purchase same under the
Agreement; and
WHEREAS, the initial term of the Agreement will expire on
February 9, 1994; and
WHEREAS,
the Administration has not concluded its
negotiations with National Data, and would therefore recommend that
the initial term of the Agreement be extended to April 30, 1994 in
order for said negotiations to continue and conclude; and
WHEREAS, in the event the Administration is not able to
effectively negotiate a satisfactory purchase of the Equipment,
then the Agreement between the City and National Data will
effectively expire on April 30, 1994, with no further options to
renew thereunder, and the City will thereupon consider issuing a
new Request
for Proposal
for providing Voice and Data
Telecommunications Services at the City of Miami Beach Convention
Center.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
ci ty Commission herein approve an extension of the Agreement
between the City of Miami Beach and National Data and
Communications, Inc., pending negotiations between the City and
National Data for the acquisition of the Equipment pursuant to the
exercise of the City's option to purchase same under the Agreement;
said extension commencing on February 9, 1994, and ending on April
30, 1994.
PASSED and ADOPTED this
1994.
ATTEST:
~~J ~,R~.~
CITY CLERK
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FORM APPROVED
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 52-9Y
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: January 19, 1994
FROM:
SUBJECT:
EXTENSION OF AGREEMENT WITH NATIONAL DATA &
COMMUNICATIONS, INC. UNTIL APRIL 30, 1994 TO GIVE THE
CITY OF MIAMI BEACH THE TIME TO CONSIDER SEVERAL OPTIONS
WITH REGARDS TO THE AGREEMENT WITH THIS COMPANY
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
an extension of the Agreement with National Data & Communications
until April 30, 1994 to provide communications services to the
users of the Miami Beach Convention Center. The City of Miami
Beach is considering several options that will require this
extension of time.
BACKGROUND:
City Commission Resolution No. 88-19294 authorized the Mayor and
the City Clerk to approve the assignment of the original Agreement
with Future Telecommunications, Inc. to Miami Communications, Inc.
(National Data & Communications, Inc.) in July 1988. The original
Agreement commenced February 10, 1986 and ended February 9, 1991
for a five (5) year term. Resolution No. 89-19806 extended the
original Agreement for two (2) additional years, until February 9,
1994.
ANALYSIS
The City was willing to extend the term for the two years, provided
that the Agreement was amended to provide:
1. That Provider shall covenant and agree not to further
voluntarily lien or encumber the Equipment or the Cabling.
2. That Provider shall maintain a Performance Bond in the form of
a Letter of Credit, of at least a twelve (12) month initial
term, in the amount of $100,000.
3. Provider shall provide the City with the Agreement and Release
of Walter P. Loebenberg with respect to the rights of the City
to exercise its Purchase Option notwithstanding advances from
Mr. Loebenberg regardless of when made, so that Provider can
convey free and clear to City in the event City exercises its
Purchase Option.
If the City chooses to exercise its Purchase Option now, the
estimated cost of all the equipment involved is $585,000. The City
believes that by purchasing the equipment, it can maximize revenues
and improve the quality of service and equipment in the Convention
Center.
CONCLUSION:
Since the Agreement expires in February 1994, an extension of the
Agreement is needed in order to provide the City with adequate time 31
to look at alternatives regarding the Agreement with National Data
& Communications, Inc. The City is also working with the Topa and
Convention Center Expansion Authority (T.C.C.E.A.) while
considering the alternatives available. AGENDA R-1- F
RMC:EC:JMF:ojr ITEM .
J-13 -'9~
DATE