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HomeMy WebLinkAboutR-22-0124°xCity of Miami �y�`_ Resolution R-22-0124 alldl 11 li.Rl I + Legislation File Number: 11581 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/24/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING AS AGENCY HEAD, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT IN FURTHERANCE OF THE CITY OF MIAMI'S ("CITY") EMERGENCY PROCUREMENT EFFORTS FOR AFFORDABLE HOUSING, IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY TO WAIVE COMPETITIVE BIDDING METHODS PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND THE QUALIFICATIONS PROCESS PURSUANT TO THE CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT, SECTION 287.055 (3)(A)(1), FLORIDA STATUTES, TO ENGAGE CURRENT CITY CONTRACTED ARCHITECTURE AND/OR ENGINEERING DESIGN FIRMS IN AN EQUITABLE MANNER FOR EACH AFFORDABLE HOUSING RELATED CAPITAL PROJECT; AUTHORIZING THE CITY MANAGER TO CREATE A CITY LIST OF EXPEDITED AFFORDABLE HOUSING RELATED CAPITAL PROJECTS ("EXPEDITE LIST") PURSUANT TO SECTION 18-117 OF THE CITY CODE, TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS", WITH SAID EXPEDITE LIST TO BE ACKNOWLEDGED AS "ATTACHMENT A-1"; FURTHER AUTHORIZING THE CITY MANAGER TO ADD AFFORDABLE HOUSING RELATED CAPITAL PROJECTS TO "ATTACHMENT A-1" WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AGREEMENTS, 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, ALL 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. SPONSOR(S): Commissioner Ken Russell WHEREAS, currently, the City of Miami ("City") is experiencing an affordable housing shortage due to a) the lack of available affordable housing units within the City and b) the Novel Coronavirus ("COVID-19") pandemic shutdown, which has created a rise in unemployment within the City and the inability for residents to afford to pay their rents; and City of Miami Page 1 of 3 File ID: 11581 (Revision: A) Printed On: 3/31/2022 File ID: 11581 Enactment Number: R-22-0124 WHEREAS, the qualifications process outlined in the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, as amended ("CCNA"), for architectural and engineering services ("A&E") can take upwards of nine (9) months; and WHEREAS, such a delay is not in the best interest of the City and its residents as there is an opportunity to create immediate affordable housing units that will provide much needed relief for City residents urgently seeking affordable housing; and WHEREAS, specifically, CCNA provides an exception from the qualifications process when certified by the agency head; and WHEREAS, the City Manager has made a finding as agency head, attached and incorporated as Exhibit "A", that in furtherance of the City's emergency procurement efforts for affordable housing it is advantageous and practicable for the City to waive competitive bidding methods pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), and the qualifications process pursuant to CCNA for the provision of emergency A&E services for affordable housing related capital projects; and WHEREAS, this exemption will allow the City to utilize A&E firms currently qualified and under contract with the City and part of its various, already established Miscellaneous A&E Pools; and WHEREAS, the expediting of design and construction services for City affordable housing related capital projects through the creation of a City "Expedite List" pursuant to Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements", for these projects is necessary to address these emergency procurement efforts; and WHEREAS, the City Manager will provide the City Commission a quarterly report of the Expedite List with said list acknowledged as "Attachment A-1"; 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 fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager's finding as agency head, attached and incorporated as Exhibit "A", that in furtherance of the City's emergency procurement efforts for affordable housing it is advantageous and practicable for the City to waive competitive bidding methods pursuant to Section 18-90 of the City Code and the qualifications process pursuant to CCNA to engage current City contracted A&E firms in an equitable manner for each affordable housing related capital project is hereby approved and confirmed. Section 3. The City Manager is authorized' to create a City list of expedited affordable housing related capital projects ("Expedite List") pursuant to Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements", with said Expedite List to be acknowledged as "Attachm ent A- 1 ". Section 4. The City Manager is further authorized' to add affordable housing related capital projects to "Attachment A-1" without need for further City Commission approval. City of Miami Page 2 of 3 File ID: 11581 (Revision: A) Printed on: 3/31/2022 File ID: 11581 Enactment Number: R-22-0124 Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any agreements, 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, all 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 t6ria i ndez, Cify Httor iey 3f3012022 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: 11581 (Revision: A) Printed on: 3/31/2022