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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00581 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE
NEGOTIATIONS METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS
PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES FOR THE MANAGEMENT OF MELREESE GOLF COURSE;
APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S
DEPARTMENT OF PARKS AND RECREATION THAT IT IS MORE
ADVANTAGEOUS FOR THE CITY TO AMEND ITS EXISTING PROFESSIONAL
SERVICES AGREEMENT ("PSA") WITH CHARLIE DELUCCA, TO AMONG
OTHER THINGS EXTEND THE EXPIRATION DATE TO SEPTEMBER 30, 2011
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THESE
PURPOSES.
WHEREAS, the City of Miami ("City") and Charlie Delucca entered into a Professional Services
Agreement dated June 1, 2004, which, expires on September 30, 2008 (the "PSA"); and
WHEREAS, the City's Department of Parks And Recreation and the City Manager have
recommended that it is more advantageous for the City to extend the term of the PSA to September
30, 2011, and to waive the competitive bidding procedures, pursuant to Section 18-85 of the City
Code, to allow for the continued management of the Melreese Golf Course under the terms of the
PSA, as amended by the Amendment attached hereto; and
WHEREAS, Charlie Delucca wishes to assign his rights and obligations under the PSA to
Delucca Enterprises, Inc., a Florida corporation of which he is the president;
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 recommendation and finding that competitive negotiation methods are not practicable or
advantageous pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended,
waiving the requirements for said procedures, is ratified, approved and confirmed, and the City of
Miami's Department of Parks and Recreation's recommendation and finding that it is more
advantageous for the City to extend the existing Professional Services Agreement to continue to
operate and manage the Melreese Golf Course, is approved.
Ciry of Miami Page I of 2 Printed On: 6/16/2008
File Number: 08-00581
Section 3. The assignment of the PSA to Delucca Enterprises, Inc., a Florida corporation of
which Mr. Charlie Delucca is the president, is hereby approved.
Section 4. The City Manager is authorized {1} to execute an Amendment, in substantially the
attached form, to the existing PSA to, among other things extend the expiration date of the PSA to
September 30, 2011, and containing the new terms and conditions as set forth in said Amendment.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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 2 of 2 Printed On: 6/16/2008