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HomeMy WebLinkAboutR-08-0366City of Miami Legislation Resolution: R-08-0366 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00581 Final Action Date: 6/26/2008 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 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. City of Miami Page 1 of 2 File Id: 08-00581 (Version: 11 Printed On: 5/8/2017 File Number: 08-00581 Enactment Number: R-08-0366 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} 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 File Id: 08-00581 (Version: 11 Printed On: 5/8/2017