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Res 09-15RESOLUTION NO. 09-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, DECLARING BY A FOUR- FIFTHS AFFIRIVLATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS on October 12, 2005, the City entered into an Agreement with Match Point, Inc. to host the ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS; and WHEREAS the Agreement requires the City to provide security, per section 10.7, titled City's Responsibility to Control Premises; and WHEREAS this clause states "The City shall be responsible for the security and crowd control at the tennis center and at all times reserves the right to eject or cause to be ejected from the preinises any person or persons violating or to keep persons from violating any of the rules or regulations of the tennis center or any City, County, State or Federal laws"; and WHEREAS, in years past, quotations for security sen ices for the tournament were solicited in mid-to-late January without issue; and WHEREAS, quotes for security services for the ATP Champions Tout/Deltay Open by the Venetian Las Vegas were solicited during the same time frame and in the sane manner as previous years; and WHEREAS, this is the %rst year that Parks & Recreation staff is coordinating with Match Point Inc. to meet the terms of the contract, staff was unaware that the volume of security services needed for this event would require an RFP procurement process; and WHEREAS, once this was deteririined, it was too late to complete an RFP for Security Services and still meet the terms of the contract with Match Point Inc; and WHEREAS, despite the lack of an acquisition by Sealed Competitive Method, competitive quotations were solicited on January 20, 2015 from 6 vendors and were only 3 quotes were received by the Procurement Department on January 27, 2015; and WHEREAS, the vendor that provided the lowest quotes did not provide all of the required document and was deemed non-responsive; and WHEREAS, D.A.K. Security Agency Inc. provided the second lowest quote at $35,731.25 and all requited documents, and WHEREAS, these quotations were analyzed to ensure all requited documents were submitted, that they possess experience with similar type of events, that their past performance is in compliance with ATP Best Tournament Practice Standards to meet the elevated security threat to small/mid-sized sporting events as identified by Homeland Security and the Joint Terrorist Task Force/FBI , and that rates for each company were compared to the rates previously paid for secut-ity services for the New Year's Eve event to ensure that quotes are competitive; and WHEREAS, all security references were verified and approved by law enforcement; and WHEREAS, the selected Security Provider must meet certification for identified Homeland Security threat level; and WHEREAS, Parks & Recreation will ensure that future procurement of security services will be completed via the RFP process where applicable under the City's Procurement Code; and WHEREAS, utilization of the City's competitive procurement methods for the purchase of SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, is not practical or cost effective due to time limitation based on security threat level at die time of the event; and WHEREAS, Section 36.02(c)(11) of die City's Code of Ordinances provides that the City may acquire or contract for non --real property, goods or services without utilizing a Sealed Competitive Metliod or the Written Quotation Method where the City Commission declares by at least a four -fifth (4/5) affirmative vote that the Sealed Competitive or: the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of SECURITY SERVICES FOR FEBRUARY 9 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN IAS VEGAS, D.A.I. Security Agency Inc., attached as Exhibit"A", is in the best interest of the City. Section 3. The City Manager is authorized to do all tivngs necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Detray Beach this the 3rd day of Februarv. 2015. z - -TM AY0R ATTEST: City Clerk