HomeMy WebLinkAboutR-07-0714City of Miami
Legislation
Resolution: R-07-0714
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01437 Final Action Date: 12/13/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
EMERGENCY FINDINGS; WAIVING COMPETITIVE SEALED BIDDING
PROCEDURES PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; WAIVING THE THREE DAY PROTEST PERIOD
FOR SOLICITATION AND AWARDS PURSUANT TO SECTION 18-104 (A);
APPROVING THE USE OF COMPETITIVE NEGOTIATIONS FOR THE PURPOSES
OF NEGOTIATING AN AGREEMENT FOR ASSET DISPOSITION SERVICES FOR
THE "ORANGE BOWL DEMOLITION PROJECT, B-30153F"; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT(S) WITH DREAMS PRODUCTS,
INC. DOING BUSINESS AS MOUNTED MEMORIES, IN SUBSTANTIALLY THE
ATTACHED FORM OR IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
RELATING TO THE SALE AND DISPOSITION OF ORANGE BOWL ASSETS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SCHNEIDER INDUSTRIES, INC. IN THE EVENT THAT DREAMS
PRODUCTS, INC. D/B/A MOUNTED MEMORIES DOES NOT EXECUTE THE
AGREEMENT WITHIN SEVEN DAYS OF COMMISSION APPROVAL.
WHEREAS, the primary tenant of the Orange Bowl Stadium, the University of Miami, decided to
no longer utilize the stadium for football games following the 2007 season; and
WHEREAS, without a primary tenant the facility would become a liability and it is critically
important to limit liability at the site by demolishing it as soon as possible and prepare the site for
redevelopment; and
WHEREAS, in order to offset the cost of demolition and to offer historic memorabilia for sale to
the community all saleable items should be removed from the stadium prior to demolition; and
WHEREAS, the City Manager requested that the Department of Capital Improvements ("CIP")
create a new Capital Improvement Project No. B-30153F, Orange Bowl Demolition and procure a
General Contractor to provide demolition services; and
WHEREAS, the City Manager further determined that CIP should procure and manage the
services of an Asset Disposition Services ("Services") firm in order to closely coordinate all activities
between the Services firm removing all saleable assets prior to demolition and the General Contractor
demolishing the Orange Bowl; and
WHEREAS, the City Manager established a target date of January 2008 to begin the removal of
assets and the demolition process; and
WHEREAS, CIP recommended and the City Manager concurred that the most efficient method to
City of Miami
Page 1 of 3 File Id: 07-01437 (Version: 1) Printed On: 4/21/2017
File Number: 07-01437 Enactment Number: R-07-0714
quickly commence demolition of the Orange Bowl and to recoup any investment on the existing
facility and its assets prior to demolition is to utilize the Competitive Negotiations procurement
method; and
WHEREAS, in order to utilize this procurement method, it is necessary to waive competitive
sealed bidding procedures, as provided in Section 18-90 of the City Code; and
WHEREAS, in order to ensure that an agreement can be executed immediately following
procurement of the firm, it is necessary to waive the three day protest period, as provided in Section
18-104 (a); and
WHEREAS, CIP issued a Request for Letters of Interest ("RFLI") No. 06-07-040 for the purpose
of soliciting competition to develop a list of firms for competitive negotiations to ultimately select the
firm offering the most advantageous proposal to the City of Miami ("City"); and
WHEREAS, five (5) firms submitted Letters of Interest by the established deadline; and
WHEREAS, an Evaluation Committee met on November 15, 2007 and determined it was in the
City's best interest to proceed with discussions with all five (5) firms: Atkinson Realty and Auction,
Inc., Cowan Alexander, LLC, Great American Group, LLC, Mounted Memories and Schneider
Industries, Inc.; and
WHEREAS, on November 20, 2007, CIP issued a Request for Information ("RFI") No. 07-08-002
to the five (5) firms to obtain detailed information regarding their disposition plans which were utilized
by CIP as the basis for the competitive negotiations; and
WHEREAS, Atkinson Realty and Auction decided not to further pursue the opportunity and
Cowan Alexander LLC and Great American Group, LLC decided to form a prime/sub consultant team
which resulted in three (3) submittals being received in response to the RFI on November 30, 2007;
and
WHEREAS, City staff competitively negotiated potential agreements with the three (3) firms; and
WHEREAS, the City Manager has determined that Dreams Products, Inc. d/b/a Mounted
Memories ("Mounted Memories") offers the City the most advantageous proposal based on a
combination of sales and marketing expertise, event promotion experience, creativity and an
understanding of the local market; and
WHEREAS, the City Manager requests authorization to execute an Agreement with Mounted
Memories, in substantially the attached form, to provide for Asset Disposition Services in conjunction
with the Orange Bowl Stadium Demolition Project; and
WHEREAS, the City Manager requests authorization to execute any required additional
Agreements with Mounted Memories, in a form acceptable to the City Attorney, related to the sale of
products from the Orange Bowl Stadium; and
WHEREAS, the City Manager requests authorization to execute an Agreement with Schneider
Industries, Inc. in the event that Mounted Memories does not execute an Agreement with the City
City of Miami Page 2 of 3 File Id: 07-01437 (Version: 1) Printed On: 4/21/2017
File Number: 07-01437 Enactment Number: R-07-0714
within seven (7) days of Commission approval; and
WHEREAS, no funds will be expended by the City for the Project; and
WHEREAS, the City Manager's written finding of a valid public emergency, attached and
incorporated, references that it is in the best interest of the City, to waive competitive sealed bidding
for the Project; and
WHEREAS, said findings of the City Manager have been duly considered and adopted by the City
Commission;
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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's emergency findings are ratified, approved and confirmed, the requirements for competitive
sealed bidding procedures and the waiting period are waived pursuant to Section 18-90 and 18-104
(a) of the City Code, and the use of the competitive negotiations procurement method, is approved,
for the purposes of negotiating an Agreement for Asset Disposition Services for the "Orange Bowl
Demolition Project, B-30153F.
Section 3. The City Manager is authorized{1} to execute an Agreement(s) with Dreams Products,
Inc. d/b/a Mounted Memories, in substantially the attached form or in a form acceptable to the City
Attorney, relating to the sale and disposition of Orange Bowl assets.
Section 4. The City Manager is further authorized{1} to execute an Agreement with Schneider
Industries, Inc. in the event that Mounted Memories does not execute the Agreement within seven (7)
days following Commission approval.
Section 5. 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.
City of Miami Page 3 of 3 File Id: 07-01437 (Version: 1) Printed On: 4/21/2017