HomeMy WebLinkAboutR-21-0084City of Miami
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Legislation
Resolution: R-21-0084
File Number: 8613
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/25/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY
MANAGER'S RECOMMENDATION AND 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"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS
TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF REDISTRICTING
SERVICES BY HOLLAND & KNIGHT LLP, A FLORIDA LIMITED LIABILITY
PARTNERSHIP ("H&K'), AND ENGAGING MR. MIGUEL DE GRANDY FOR
THE FLAT FEE OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00),
CONTINGENT UPON APPROVAL OF THE WAIVER OF CONFLICTS FOR H&K
AS STIPULATED IN EXHIBIT "B", ATTACHED AND INCORPORATED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND H&K,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH
ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE
CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18 OF
THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
WHEREAS, the City Manager has determined that it is not practicable or advantageous
to the City of Miami ("City") to adhere to competitive sealed bidding methods for the provision of
redistricting services ("Services") and, therefore, seeks a waiver of such requirements pursuant
to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, every ten (10) years, it is a generally accepted practice for local
governments, in conjunction with the United States ("U.S.") Census Bureau, to examine the
makeup of City Commission districts to ensure the principle of "one person, one vote"; and
WHEREAS, preliminary reports of the 2020 Census have revealed that the population
growth of the City has not been uniform across all five (5) of the City Commission districts; and
WHEREAS, the City is desirous of ensuring that all five (5) City Commission districts
provide proper proportional representation; and
City of Miami Page 1 of 3 File ID: 8613 (Revision:) Printed On: 31912021
File ID: 8613 Enactment Number: R-21-0084
WHEREAS, the City Manager recommends the engagement of Holland & Knight LLP, a
Florida limited liability partnership ("H&K"), to provide the Services; and
WHEREAS, by engaging Miguel De Grandy ("Mr. De Grandy") of H&K, the City can
obtain the analysis necessary of the demographic data related to its population and the required
studies can be conducted to determine whether and how the City Commission districts should
be amended; and
WHEREAS, redistricting is a highly specialized matter with few local experts and Mr. De
Grandy has extensive past experience performing these Services for the City, inclusive of the
2010 cycle; and
WHEREAS, the City's Redistricting Plan must be presented and approved prior to
September 2021 in order to qualify for the 2021 election and will need to be condensed into a
six (6) month period to achieve said qualification; and
WHEREAS, Mr. De Grandy has offered to perform these Services for the City at the
same flat fee of the One Hundred Thousand Dollars ($100,000.00) that was paid in the 2010
cycle; and
WHEREAS, H&K is an international law firm with active matters in the City; and
WHEREAS, the engagement of H&K and Mr. De Grandy for the Services is contingent
upon City Commission approval of a waiver of conflicts as stipulated in Exhibit "B", attached and
incorporated; and
WHEREAS, the City Manager's recommendation and written findings, attached and
incorporated as Exhibit "A", waiving the requirements for competitive sealed bidding methods as
not being practicable or advantageous to the City for the provision of the Services by H&K and
engaging Mr. De Grandy for the flat fee of One Hundred Thousand Dollars ($100,000.00) must
be ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative
vote after an advertised public hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 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 written findings, attached and incorporated as Exhibit
"A", pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive
sealed bidding methods as not being practicable or advantageous to the City for the provision of
the Services by H&K and engaging Mr. De Grandy for the flat fee of One Hundred Thousand
Dollars ($100,000.00) are ratified, approved, and confirmed.
Section 3. The City Commission approves the waiver of conflicts for H&K as stipulated
in Exhibit "B", attached and incorporated.
City of Miami Page 2 of 3 File ID: 8613 (Revision:) Printed on: 3/9/2021
File ID: 8613
Enactment Number: R-21-0084
Section 4. The City Manager is authorized' to negotiate and execute an agreement
between the City and H&K, in a form acceptable to the City Attorney, for the purposes stated
herien.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including any amendments, renewals, and extensions, subject to
all allocations, appropriations, prior budgetary approvals, compliance with all applicable
provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act,
and Financial Integrity Principles, as set forth in Chapter 18 of the City Code, in forms
acceptable to the City Attorney, and in compliance with all applicable laws, rules, and
regulations, as may be deemed necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Clifty �AAttor ey 3/8/2021
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed including, but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 3 of 3 File ID: 8613 (Revision:) Printed on: 3/9/2021