HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00774 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 SEALED
BIDDING IS 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; APPROVING THE
RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF
PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST
QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF
COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO
CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH
THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT.
WHEREAS, the City of Miami ("City") entered into a Professional Services Agreement with Charlie
Delucca, Sr., to provide management services ("Services") for the Melreese Golf Course, dated June
1, 2004 ("Agreement"); and
WHEREAS, by Amendment to the Agreement, ("First Amendment"), the City and Charlie Delucca,
Sr., agreed to extend the term of the. Agreement through September 30, 2008, under the same terms
and conditions as set forth in the Agreement; and
WHEREAS, by subsequent Amendment to the Agreement ("Second Amendment"), the City and
Charlie Delucca, Sr., agreed, amongst other things, to accept the assignment of his rights and
obligations under the Agreement, by Charlie Delucca, Sr. to Delucca Enterprises, Inc. ("Delucca") and
to extend the term of the Agreement through September 30, 2011; and
WHEREAS, Delucca has operated the Melreese Golf Course since 2004 and is the best position to
continue to manage the City's asset; and
WHEREAS, the City Manager has approved the recommendations and findings of the City's
Department of Parks and Recreation and has made findings that pursuant to Section 18-85(a) of the
Code of the City of Miami, Florida, as amended ("Code"), that competitive negotiation methods and
procedures are not practical or advantageous for obtaining said Services, and has recommended to
the City Commission that the recommendations and findings be adopted and that competitive bidding
methods and procedures be waived for the Services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id:-11-00774 (Version: 1) Printed On: 8/18/2011
File Number: 11-00774
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 sealed bidding is not practicable or
advantageous pursuant to Section 18-85 of the Code, waiving the requirements for said procedures, is
ratified, approved and confirmed.
Section 3. The City's Department of Parks and Recreation's recommendation and finding that
Delucca is the most qualified to continue to operate and manage the Melreese Golf Course and
facilities is approved.
Section 4. The City Manager is authorized {1} to execute the Third Amendment to the Professional
Services Agreement, in substantially the attached form, with Delucca to continue to operate and
manage the Melreese Golf Course, with the terms and conditions set forth in said Third 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. BRtJ
CITY ATTORNEY r
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: 11-00774 (Version: 1) Printed On: 8/18/2011