A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF SHOWTURF, LLC’S INTEREST IN THREE (3) AGREEMENTS BETWEEN THE CITY AND SHOWTURF, LLC. (ASSIGNOR), FOR THE LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF COURSE, PURSUANT TO INVITATION TO BID (ITB) NO. 38-10/11; FOR THE LEASE OF GOLF COURSE TURF  MAINTENANCE EQUIPMENT FOR THE NORMANDY SHORES GOLF COURSE, PURSUANT TO INVITATION TO BID (ITB) NO. 45-11/12; AND FOR THE LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR BOTH, THE MIAMI BEACH GOLF COURSE AND NORMANDY SHORES GOLF COURSE, PURSUANT TO INVITATION TO BID (ITB) NO. 2016-149-ND, TO EFE, INC. (ASSIGNEE), AS THE SUCCESSOR-IN-INTEREST BY ACQUISITION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENTS IN THE FORM ATTACHED TO THIS RESOLUTION.

Approve the Resolution.

The City currently has in place three (3) lease agreements for John Deere turf maintenance equipment with ShowTurf LLC for the Miami Beach and Normandy Beach golf courses. The first agreement was approved on September 14, 2011, pursuant to Invitation To Bid (ITB) No. 38-10/11. The second agreement  was approved on July 18, 2012, pursuant to Invitation To Bid (ITB) No. 45-11/12. The third agreement was approved on December 14, 2016, pursuant to Invitation To Bid (ITB) No. 2016-149-ND.

The City has been notified that EFE, Inc. (EFE) has acquired ShowTurf, LLC. As a result of the acquisition, the parties have now requested that the City assign its contracts with ShowTurf, LLC to EFE, Inc. EFE, Inc. is a local dealer (West Palm Beach) of heavy equipment, with 12 locations in South/Central Florida to service customers. EFE, Inc. is one of the largest John Deere dealers in the world, with robust repair capabilities and a large inventory of parts to minimize downtime.

The Administration has conducted its due diligence and the City Attorney's Office has reviewed applicable agreements. Therefore, the Administration recommends that the Mayor and City Commission approve the Consent to Assignment and Assumption of Agreements from ShowTurf, LLC to EFE, Inc., and further authorize the Mayor and City Clerk to execute the Agreements, substantially in the form attached as Exhibit “1” hereto.

The Administration recommends that the Mayor and City Commission approve the Resolution accepting the assignment of three (3) agreements between the City and Showturf, LLC. (Assignor), for the lease of golf course turf maintenance equipment for the Miami Beach Golf Course, pursuant to Invitation to Bid (ITB) 38-10/11; for the lease of golf course turf maintenance equipment for the Normandy Shores Golf Course, pursuant to Invitation to Bid (ITB) 45-11/12; and for the lease of golf course turf maintenance equipment for the Miami Beach Golf Course and Normandy Shores Golf Course, pursuant to Invitation to Bid (ITB) 2016-149-ND, to EFE, Inc. (assignee), as the successor-in-interest by acquisition; and further authorizing the Mayor and City Clerk to execute accordingly the corresponding Consent to Assignment and Assumption of Agreements, substantially in the form attached to this Resolution as composite Exhibit “1.”