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Resolution: R-10-0011
File Number: 09-01451
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/14/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE AWARD TO
AD SYSTEMS, INC., PURSUANT TO RESOLUTION NO. 08-0004, ADOPTED
JANUARY 10, 2008, FOR THE PURCHASE, COMPLETE INSTALLATION,
OPERATION AND MAINTENANCE OF AN UPGRADED OUTDOOR ELECTRONIC
MARQUEE SIGN ("MARQUEE"), REPLACING THE CURRENT MARQUEE AT
BAYFRONT PARK, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO.
04-05-098; AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO
NEGOTIATE AN AGREEMENT WITH DADE MEDIA, INC., THE SECOND -RANKED
FIRM, FOR THE SAME PURPOSE.
WHEREAS, the Bayfront Park Management Trust ("Trust") was created by the Miami City
Commission to direct, operate, manage and maintain all aspects of Bayfront Park and Bicentennial
Parks; and
WHEREAS, the Trust identified a need to replace the existing outdoor electronic marquee sign
("Marquee"); and
WHEREAS, the City of Miami Procurement Department issued Request for Letters of Interest
("RFLI") No. 04-05-098, on August 2, 2005, seeking a firm to install, operate and maintain an
upgraded Marquee; and
WHEREAS, the Trust's Evaluation Committee ("Committee"), met on October 14, 2005, and
following oral presentations evaluated and recommended the firms in the following ranked order: 1.
AD Systems, Inc., and 2. Dade Media, Inc., stipulating that should negotiations fail with the first
ranked firm, then the Trust could proceed negotiating with the second -ranked firm; and
WHEREAS, the City Manager approved the recommendation made by the Evaluation
Committee, and on November 7, 2005, the Trust met at its monthly board meeting and approved the
Committee's recommendation to accept the proposal submitted by AD Systems, Inc., and directed the
executive director to negotiate an agreement; and
WHEREAS, on June 26, 2006, the Trust approved the agreement between the Trust and Ad
Systems, Inc. ("Agreement"); and
WHEREAS, the City Commission adopted Resolution No. 08-0004, January 10, 2008, noting
the City Manager's approval of the Committee's recommendation and authorizing the executive
director of the Trust to enter into a five year Agreement with AD Systems, Inc., for the purchase,
complete installation, operation and maintenance, of an upgraded Marquee, replacing the current
Marquee at Bayfront Park, pursuant to RFLI No. 04-05-098; and
WHEREAS, on June 12, 2008, an Agreement for the aforementioned was executed between
the Trust and AD Systems, Inc.; and
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File Number: 09-01451 Enactment Number: R-10-0011
WHEREAS, AD Systems, Inc., failed to perform according to the terms of the Agreement,
forcing the Trust to terminate the Agreement; and
WHEREAS, the Trust at its October 27, 2009, board meeting, unanimously approved a motion
directing the executive director to request the City Commission, to rescind the award to AD Systems,
Inc., pursuant to said Resolution and allow the Trust to negotiate with the second -ranked firm, Dade
Media, Inc.; and
WHEREAS, as a result of the termination of the Agreement with the first -ranked firm pursuant
to the terms stipulated in the Agreement, the Trust is requesting the City Commission to rescind the
award pursuant to said Resolution and to authorize the Trust to enter into negotiations with the
second -ranked firm, Media, Inc., for the purchase, complete installation and maintenance of a new
Marquee at Bayfront Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The award to AD Systems, Inc., pursuant to Resolution No. 08-0004, adopted January
10, 2008, for the purchase, complete installation, operation and maintenance of an upgraded outdoor
electronic Marquee replacing the current Marquee at Bayfront Park, pursuant to RFLI No. 04-05-098,
is rescinded.
Section 3. The Trust is authorized{1} to negotiate an Agreement with Dade Media, Inc., the
second -ranked firm, for the same purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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