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HomeMy WebLinkAboutAgenda Item Summary Form1IV OF Hw `93 AGENDA ITEM SUMMARY FORM File ID: #11581 o..Ryl. Date: 02/28/2022 Requesting Department: Department of Procurement Commission Meeting Date: 03/24/2022 Sponsored By: Ken Russell District Impacted: All Type: Resolution Subject: Emergency Finding - Affordable Housing Crisis Purpose of Item: A Resolution of the Miami City Commission by a four -fifths (4/5) affirmative vote, ratifying, confirming and approving the City Manager's emergency finding certified as Agency Head, attached and incorporated hereto as Exhibit "A", that the City of Miami is undergoing an affordable housing crisis, and that it is most advantageous for the City of Miami to waive the competitive sealed bidding procedures pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended ("City Code"); and qualifications process, pursuant to the Consultants' Competitive Negotiations Act (CCNA), Florida Statute 287.055 3(a)1, to engage current City contracted architecture and/or engineering design firms in an equitable manner for each project; and authorizing the City Manager to create a City of Miami List of Expedited Affordable Housing Related Capital Projects ("Expedite List"), pursuant to Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements," with said Expedite List to be acknowledged as "Attachment A-V; further authorizing the City Manager to add affordable housing related capital projects to "Attachment A-V without further City Commission approval. Further authorizing the City Manager to negotiate and execute all other documents, including any agreements, amendments, renewals, and extensions subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: Currently the City of Miami ("City") is experiencing an affordable housing crisis due to a) lack of available affordable housing units within the City, and b) the Covid-19 pandemic shutdown, which created a rise in unemployment within the City and the inability for residents to afford and pay their rent. This resolution will expedite the procurement process in order to get design and construction services for City affordable housing projects. The procurement process outlined in Florida Statute (F.S.) 287.055, known as the Consultants' Competitive Negotiations Act ("CCNA") for architectural and engineering ("A&E") services can take up to nine (9) months. 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. F.S. 287.055, CCNA, does however permit exemptions to these requirements in emergency situations, as stated in Section 3(a)1 entitled "Public Announcement and Qualifications Procedures". Therefore, pursuant to the City Manager's emergency finding, certifying that the lack of affordable housing units in the City of Miami is a valid public emergency; it is most advantageous for the City to waive the competitive sealed bidding procedures and procedures and thresholds for the use of "Continuing Contracts" pursuant to F.S. 287.055, 3(a)1 of CCNA, for the provision of emergency A&E services for these affordable housing projects. This exemption will allow the City to utilize A&E firms currently under contract with the City in our various Miscellaneous A&E Pools. Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: N/A Reviewed By Department of Procurement Annie Perez Office of Management and Budget Calvin Fifer Office of Management and Budget Marie Gouin City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Valentin J Alvarez City Commission Maricarmen Lopez Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Department Head Review Completed 02/28/2022 9:03 AM Budget Analyst Review Completed 02/28/2022 12:09 PM Budget Review Completed 02/28/2022 1:32 PM Assistant City Manager Review Completed 03/01/2022 8:20 AM City Manager Review Completed 03/01/2022 11:00 AM Legislative Division Review Completed 03/03/2022 2:34 PM ACA Review Completed 03/14/2022 12:05 PM Deputy City Attorney Review Skipped 03/03/2022 1:44 PM Meeting Completed 03/24/2022 9:00 AM Legislative Division Review Completed 03/25/2022 1:53 PM ACA Review Completed 03/29/2022 11:22 PM Deputy Attorney Review Completed 03/30/2022 7:12 AM Approved Form and Correctness with Modification(s) Completed Rendered Completed 03/30/2022 12:45 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0124 File Number: 11581 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. 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 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. 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 ' 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 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: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.