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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 06-00462 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 05-0154, ADOPTED MARCH 10, 2005, THAT AWARDED A PROJECT ADMINISTRATION AGREEMENT TO HAMMES COMPANY SPORTS DEVELOPMENT, INC., TO PROVIDE PROGRAM, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE ORANGE BOWL REDEVELOPMENT PROJECT. WHEREAS, on March 10, 2005, the City Commission adopted Resolution No. 05-0154, waiving competitive bidding procedures in the award of a Project Administration Agreement ("Agreement") to Hammes Company Sports Development, Inc. ("Hammes"), to provide program, project and construction management services for the Orange Bowl Redevelopment Project ; and WHEREAS, Resolution No. 05-0154, authorized the City Manager to execute a contract with Hammes, in substantially the form attached to the Resolution, subject to the City of Miami ("City") and Hammes reaching an agreement on several subjects, including, in particular, Hammes' proposed limitation of liability under the Agreement; and WHEREAS, after extensive negotiations relating to the limitation of liability provision, the City executed a contract with Hammes Sports Development of Florida , LLC ("Hammes of Florida"), believing it to be Hammes Company Sports Development, Inc., and WHEREAS, Hammes of Florida is a Florida limited liability company formed on April 18, 2005, after the adoption date of Resolution No. 05-0154; and WHEREAS, Hammes and Hammes of Florida have filed a lawsuit against the City seeking, among other things, to enforce the Agreement, which was signed by an entity different from the entity to whom the contract was awarded under Resolution No. 05-0154; and WHEREAS, it is not in the best interest of the City to execute a Agreement with Hammes at this time; 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. Resolution No. 05-0154, adopted March 10, 2005, that awarded an Agreement to Hammes, to provide program, project and construction management services for the Orange Bowl Redevelopment Project, is rescinded. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 Printed On: 3/21/2006 File Number; 06-00462 APPROV D • RGE L FEI �/� CITY ATT RNI .Y 0/b' TO FORM AND CORRECTNESS / Footnotes: {1} 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 City of Miami Page 2 of 2 Printed On: 3/21/2006