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HomeMy WebLinkAboutR-92-0551J-92-644 9/10/92 • RESOLUTION NO. 9 2 _ 551 A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, WAIVING ' FORMAL COMPETITIVE BID AND SELECTION PROCEDURES FOR THE ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED FOR BURDEN RELIEF AND DISASTER ASSISTANCE DUE TO THE DAMAGE CAUSED BY, AND AFTERMATH OF, HURRICANE ANDREW; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID BURDEN RELIEF AND DISASTER ASSISTANCE; AUTHORIZING THE CITY MANAGER TO UTILIZE CITY FORCES IN RESPONSE TO SAID DISASTER AS MAY BE REQUIRED; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S PREVIOUS EXPENDITURE OF MONIES FOR CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID BURDEN RELIEF AND ASSISTANCE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE MOST REASONABLE, RESPONSIVE AND RESPONSIBLE BID(S) FOR NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS ASSOCIATED WITH SAID BURDEN RELIEF AND DISASTER ASSISTANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PROFESSIONAL SERVICES, AS MAY BE REQUIRED FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND/OR PURCHASE ORDERS FOR ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED; PROVIDING THAT THE CITY MANAGER BE PERMITTED TO PROCEED IN THE FUTURE WITHOUT EXPRESS CITY COMMISSION APPROVAL IN HIS EXECUTION OF SUCH PURCHASE ORDERS, CONTRACTS AND/OR AGREEMENTS AND IN HIS EXPENDITURE OF MONIES FOR SAID CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID BURDEN RELIEF AND ASSISTANCE WHERE SAID CONTRACT OR AWARD DOES NOT EXCEED $150,000; INSTRUCTING THE CITY MANAGER TO SUBMIT TO EACH CITY COMMISSIONER A COPY OF EACH CONTRACT AND PURCHASE ORDER ISSUED PURSUANT TO THIS RESOLUTION THE SAME DAY SAID CONTRACT, PURCHASE ORDER AND/OR CITY COMMISSION MEETING OF S E P 1 0 1992 Resolution No. 92- 551 AGREEMENT IS EXECUTED BY HIM; FURTHER PROVIDING THAT THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY COMMISSION. WHEREAS, On August 24, 1992, the City of Miami suffered the wrath of a devastating hurricane; and WHEREAS, it was necessary to eliminate immediate threats to the life, health and safety of residents and employees, and eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community; and WHEREAS, the City Manager has made a written finding that a valid public emergency exists justifying the waiver of formal competitive sealed bid and competitive selection procedures in order to meet the immediate needs of the City and the community for the purpose of providing for the health, safety and welfare of its citizens and employees; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager's written finding that a valid public emergency exists justifying the waiver of formal - 2 - 92- 551 competitive sealed bid and competitive selection procedures for the acquisition of such services, equipment goods and/or materials as may be required for burden relief and disaster assistance due to damages caused by, and the aftermath of, Hurricane Andrew is hereby ratified, approved and confirmed. Section 3. By an affirmative vote of 4/5ths of the members of the City Commission, formal competitive sealed bid procedures for the procurement of services, equipment, goods and/or materials for the purpose of eliminating immediate threats to the life, health and safety of residents and employees, and eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community are hereby waived. 1/ Section 4. The City Manager is hereby authorized to utilize City forces to participate in the burden relief and disaster assistance, as may be required. Section 5. The City Manager is hereby authorized to accept the most reasonable, responsive and responsible bid(s) for necessary improvements, services, equipment, goods and/or materials associated with said burden relief and disaster 1/ The Code required time limitations for solicitations of formal sealed bids are hereby waived. - 3 - 92- 551 assistance and to execute the necessary purchase order(s) and/or agreements) 2/, in a form acceptable to the City Attorney. — Section 6. The City Commission hereby ratifies, approves and confirms the City Manager's previous expenditure of monies for contracts and awards in conjunction with the burden relief and disaster assistance. y Section 7. The City Manager is hereby authorized to execute agreement(s) contract(s) and/or purchase order(s) for acquisition of such services, equipment, goods and/or materials as may be required for burden relief and disaster assistance. Section 8. The City Manager is hereby permitted to proceed without express City Commission approval in his execution of such purchase orders, contracts and/or agreements and in his expenditures of monies for contracts and awards in conjunction with said burden relief and assistance where such expenditure of monies for any contract and/or award in connection therewith does - not exceed $150,000. Section 9. The City Manager is instructed to submit to each City Commissioner a copy of each contract, purchase order and/or agreement issued pursuant to this Resolution on the same day said contract or purchase order is executed by him. ?/ The herein authorizations are 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 Code provisions. 92- 551 4 - Section 10. This Resolution shall be valid for thirty (30) days and automatically renewed every thirty (30) days until further action by the City Commission. Section 11. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 10th day of September , 1992. XAVIER L• AREZ, YOR ATTES NATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: CARMEN L. L ON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: S, II CITY A M3181: Cbz: ra rA - 5 - 92- 551 CITY OF MIAMI, FLORIDA 14 INTER -OFFICE MEMORANDUM TO : DATE ~ P f FILE The Honorable Mayor and Members of the City Commission Waiving Forma Competitive SUBJECT Bid & Selection Procedures & Ratifying City Manager's Emergency Finding Related to FROM : Cesar H. Odi REFERENCES: Hurricane Andrew City Manager ENCLOSURES: RECOMMENDATION: It is respectfully requested that the City Commission adopt the attached Resolution waiving formal competitive bid and selection procedures for the acquisition of such services, equipment, goods and/or materials as may be required for burden relief and disaster assistance due to the damage caused by, and aftermath of, Hurricane Andrew; ratifying, approving and confirming the City Manager's written finding that a valid public emergency exists justifying such waiver; authorizing the City Manager to utilize City forces in response to said disaster as may be required: authorizing the City Manager to accept the most reasonable, responsive and responsible bid(s) for necessary improvements, services, equipment, goods and/or materials; authorizing the City Manager to execute the necessary agreement(s), in a form acceptable to the City Attorney, for professional services, as may be required for said purpose; further authorizing the City Manager to execute contracts and/or purchase orders for acquisition of such services, equipment, goods and/or materials as may be required; providing that the City Manager be permitted to proceed without express City Commission approval in his execution of such purchase orders, contracts and/or agreements and in his expenditure of monies for contracts and awards in conjunction with said burden relief and assistance where said contract or award does not exceed $150,000 for nonreimbursable expenses and/or when such contract and/or award totals do not exceed the total amount to be reimbursed by the Federal Emergency Management Agency (FEMA) or any other federal, state or local governmental agency or instrumentality and/or insurance coverage; providing that said contracts and/or awards that are not reimbursable and exceed $150,000 shall require approval of the City Commission. BACKGROUND: On August 24, 1992, the City of Miami suffered the wrath of a devastating, hurricane, Hurricane Andrew. In order to eliminate immediate threats to the life, health and safety of residents and employees, and to eliminate immediate threats to undamaged property, as well as ensure economic recovery to the Cite, and the community, the City Manager has made a written finding of a valid public emergency. Based on this finding, formal competitive bid and selection procedures for the acquisition of services, equipment, goods and/or materials that may be required in order to meet the immediate needs of the City and the community for the purpose of providing for the health, safety and welfare of its citizens and employees, will be waived and an informal bid process will be utilized instead. 92- 551 • CITY OF MIAMI, FLORIDA 16 INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission DATE L ,�.� 19Z FILE SUBJECT Finding of Emergency Due to Hurricane Andrew FROM Cesar H. Od � � � REFERENCES: City Manage v,Lb ENCLOSURES: On August 24, 1992, the City of Miami suffered the wrath of a devastating hurricane, Hurricane Andrew. In order to eliminate immediate threats to the life, health and safety of residents and employees, and eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community, I have made a written finding of a valid public emergency. Based on this finding, formal competitive sealed bid and selection procedures will be waived for the procurement of services, equipment, goods and/or materials that may be required to provide immediate burden relief and disaster assistance for the City and the community for the purpose of providing for the health, safety and welfare of its citizens and employees. In addition, the City's insurance will not cover any loss of business resulting from delays in the normal procurement procedures; therefore, it is necessary to waive formal competitive bid and selection procedures and utilize the informal bid process instead.