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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. ' annon, City Clerk FROM: Victoria ndez, City Attorney DATE: January 2 ., 2020 V RE: Resolution No. 20-0012 - Bid Waiver - Enterprise Community Partners File No. 6938 At its January 23, 2020 meeting, the City Commission adopted the above referenced agenda item, PH.2, waiving the requirements of competitive negotiation methods and procedures as not being practicable or advantageous to the City of Miami ("City"') pursuant to Section 18- 85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), and authorizing the City Manager to approve the recommendations of the Office of Resilience and Sustainability regarding Enterprise Community Partners, Inc. and its qualifications to assist in developing an Affordable Housing Resilience Audit Toolkit. The item should have been adopted with modifications because the legislation contained a blank for the Resolution number for related legislation adopted earlier that same day. The Legislation has been corrected and incremented to Revision A to include Resolution No. 20-0010 in the blank. VM/BLM/DJG/vja Enclosure(s) 0 171 3 bq32 �Ux- ��.�� 1//--��1 ►� 41�� w bq32 �Ux- ��.�� City of Miami Legislation w Y ., ',� Resolution: R-20-0012 H ry K � File Number, 6938 City Hall 3500 Pan American Drive Miami, FL 33133 www. miamigov.com Final Action Date: 1/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (415THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT 'A" THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE THE RECOMMENDATIONS OF THE CITY OF MIAMI'S OFFICE OF RESILIENCE AND SUSTAINABILITY REGARDING ENTERPRISE COMMUNITY PARTNERS, INC. ("ENTERPRISE") AND ITS QUALIFICATIONS TO ASSIST IN DEVELOPING AN AFFORDABLE HOUSING RESILIENCE AUDIT TOOLKIT BY NEGOTIATING AND EXECUTING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE URBAN SUSTAINABILITY DIRECTOR'S NETWORK FUND CONTRACT WITH ENTERPRISE FOR AN AMOUNT NOT TO EXCEED $250,000.00 FOR A PERIOD COMMENCING FEBRUARY 1, 2020 AND ENDING DECEMBER 31, 2021, WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL ONE-YEAR TERMS, WITH EACH ADDITIONAL TERM NOT TO EXCEED AN AMOUNT OF $250,000.00 PER YEAR UNDER THE SAME TERMS AND CONDITIONS AS STATED HEREIN. WHEREAS, pursuant to Resolution No.20-0010 adopted on January 23, 2020, the City Commission has accepted the reimbursement Grant award from the Urban Sustainability Director's Network ("USDN°) for the Office of Resilience and Sustainability's ("Office") Resilient Multifamily Housing Initiative ("initiative") in an amount not to exceed $300,000.00 ("US DN Grant") for a period commencing on February 1, 2020 and ending December 31, 2021 for services regarding the Initiative; and WHEREAS, the Initiative is comprised of a cooperative effort between the Office and Enterprise Community Partners, Inc, ("ECP"); and WHEREAS, the goals of the Initiative are to identify strategies to increase climate resilience, water and energy efficiency, use of solar power in existing affordable housing, and provide trainings and workshops for the residents of affordable multifamily housing on energy and water efficiency and disaster preparedness; and WHEREAS, ECP was determined to be the most advantageous non-profit organization to develop an Affordable Housing Portfolio Resilience Audit Toolkit ("Toolkit"), City of Miami Page 7 of 3 File !D: 6939 fRevision: A) Printed On: 3/512020 File ID: 6938 Enactment Number: R-24.0012 provide training on a Resilience Audit, disseminate the Toolkit, and provide resident engagement; and WHEREAS, the City Manager has made written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive bidding is not practicable or advantageous for obtaining said services for the City; and WHEREAS, the City Manager recommends the City Commission adopt the recommendations and findings that competitive bidding methods and procedures be waived; and WHEREAS, the City Manager is requesting authority to negotiate and execute Service Authorization Letters, Professional Service Agreements, and any and all amendments, extensions, and modifications (collectively, "Agreement"), all in a form acceptable to the City Attorney and in compliance with the USDN Grant agreement, with ECP for an amount not to exceed $250,000.00 for the period commencing February 1, 2020 and ending December 31, 2021 with the option to renew for up to five (5) additional one-year terms with each additional term not to exceed an amount of $250,000.00 per year under the same terms and conditions stated herein; 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 (4l5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and findings that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Sectionl8-85(a) of the City Code waiving the requirements for said procedures is ratified, approved, and confirmed and the City Manager's recommendations and findings that ECP is the most qualified firm to develop the Toolkit, provide training on a Resilience Audit, disseminate the Toolkit, and provide resident engagement are approved. Section 3. The City Manager is authorized' to negotiate and to execute, in a form acceptable to the City Attorney, the Agreement in compliance with the related USDN Grant Agreement with ECP for an amount not to exceed $250,000.00 for a period commencing February 1, 2020 and ending December 31, 2021 with the option to renew for up to five (5) additional one-year terms with each additional term not to exceed an amount of $250,000.00 per year under the same terms and conditions stated herein. Section 4. This Resolution shall become effective immediately upon its adoption, ' 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 City Code provisions. City of Miami Page 2 of 3 Fife 10: 6938 (Revision: A) Printed on: 31512020 File ID: 6938 APPROVED AS TO FORM AND CORRECTNESS: 1 ria dez, ty ttol ey 2/27/2020 Enactment Number: R-20-0012 City of Miami Page 3 of 3 File ID: 6938 (Revision: A) Printed on: 31512020 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6938 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (415THS) AFFIRMATIVE VOTE:, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE THE RECOMMENDATIONS OF THE CITY OF MIAMI'S OFFICE OF RESILIENCE AND SUSTAINABILITY REGARDING ENTERPRISE COMMUNITY PARTNERS, INC. AND ITS QUALIFICATIONS TO ASSIST IN DEVELOPING AN AFFORDABLE HOUSING RESILIENCE AUDIT TOOLKIT BY NEGOTIATING AND EXECUTING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE URBAN SUSTAINABILITY DIRECTOR'S NETWORK FUND CONTRACT WITH ENTERPRISE COMMUNITY PARTNERS, INC., FOR AN AMOUNT NOT TO EXCEED $250,000.00 FOR A PERIOD COMMENCING FEBRUARY 1, 2020 AND ENDING DECEMBER 31, 2021, WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL ONE-YEAR TERMS, WITH EACH ADDITIONAL TERM NOT TO EXCEED AN AMOUNT OF $250,000.00 PER YEAR UNDER THE SAME TERMS AND CONDITIONS AS STATED HEREIN. WHEREAS, pursuant to Resolution No. , adopted on , the City Commission has accepted the reimbursement. Grant award from the Urban Sustainability Director's Network ("USDN") for the Office of Resilience and Sustainabifity's ("Office") Resilient Multifamily Housing Initiative ("Initiative") in an amount not to exceed $300,000.00 ("USDN Grant") for a period commencing on February 1, 2020 through December 31, 2021 for services regarding the Initiative; and WHEREAS, the Initiative is comprised of a cooperative effort between the Office and one (1) non-profit organization, Enterprise Community Partners, Inc. ("ECP"), for the Initiative's successful implementation; and WHEREAS, the goals of the Initiative are to identify strategies to increase climate resilience, water and energy efficiency, use of solar power in existing affordable housing, and provide trainings and workshops for the residents of affordable multifamily housing on energy and water efficiency and disaster preparedness; and WHEREAS, ECP was determined to be the most advantageous non-profit organization to develop an Affordable Housing Portfolio Resilience Audit Toolkit ("Toolkit"), provide training on a Resilience Audit, disseminate the Toolkit, and provide resident engagement; and WHEREAS, the City Manager has made a written finding, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive bidding is not practicable or advantageous for obtaining said services for the City; and WHEREAS, the City Manager recommends the City Commission adopt the recommendations and findings that competitive bidding methods and procedures be waived; and WHEREAS, the City Manager is requesting authority to negotiate and execute Service Authorization Letters, Professional Service Agreements, and any and all amendments, extensions, and modifications (collectively, "Agreement"), in a form acceptable to the City Attorney and in compliance with the USDN Grant agreement, with ECP for an amount not to exceed $250,000.00 for the period commencing February 1, 2020 to December 31, 2021, with the option to renew for up to five (5) additional ane -year terms with each additional term not to exceed an amount of $250,000.00 per year under the same terms and conditions stated herein; 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 (415ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and finding that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Section 1 8-85(a) of the City Code waiving the requirements for said procedures is ratified, approved, and confirmed and the City Manager's recommendations and finding that ECP is the most qualified firm to develop the Toolkit, provide training on a Resilience Audit, disseminate the Toolkit, and provide resident engagement are approved. Section 3. The City Manager is authorized' to negotiate and to execute, in a form acceptable to the City Attorney, the Agreement in compliance with the related USDN Grant Agreement with ECP for an amount not to exceed $250,000.00 for a period commencing February 1, 2020 to December 31, 2021 with the option to renew for up to five (5) additional one-year terms with each additional term not to exceed an amount of $250,000.00 per year under, the same terms and conditions stated herein. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: I 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 City Code provisions.