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Resolution
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File Number: 10-00246 Final Action Date:
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A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF
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PROCUREMENT OFFICER'S DECISION TO UPHOLD THE PROTEST OF
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AMERICAN TRAFFIC SOLUTIONS AND REJECTING THE CITY MANGER'S
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CONCURRENCE WITH THE EVALUATION/SELECTION COMMITTEE'S
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RECOMMENDATIONS AND FINDINGS WHICH WOULD HAVE ALLOWED
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COMPETITIVE NEGOTIATIONS WITH THE FIRST -RANKED FIRM, PURSUANT
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TO REQUEST FOR PROPOSALS NO. 119057, TRAFFIC SAFETY CAMERA
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PROGRAM.
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WHEREAS, the Department of Purchasing issued a Request for Proposals ("RFP") No. 119057, for
the procurement of a Traffic Safety Camera Program; and
WHEREAS, the Evaluation/Selection Committee convened and evaluated the proposals submitted
by ACS State & Local Solutions, Inc. ("ACS"), American Traffic Solutions ("ATS"), Nestor Traffic
Systems, Inc,, Redflex Traffic Systems, Inc, ("Redflex") and Traffipax, Inc.; and
WHEREAS, the Evaluation/Selection Committee recommended to the City Manager that the City of
Miami ("City") negotiate with the top-ranked firm ACS, and that should negotiations failed, to then
negotiate with the second -ranked firm, Redflex; and
WHEREAS, the City Manager concurred with the Evaluation/Selection Committee
recommendation; and
WHEREAS, pursuant to Section 18-104 of the Code of the City of Miami, Florida,. as amended
("City Code"), entitled "Resolution of Protested Solicitations and Awards", ATS timely submitted a
written notice of intent to file a protest and written protest with the necessary filing fee; and
WHEREAS, pursuant to Section 18-104 of the City Code, a stay in the procurement during protest
occurred to resolve the many legal issues surrounding this procurement, including the protest itself;
and
WHEREAS, the City Manager authorized for an independent professional assessment (due
diligence review) to be conductedby_a technical expert in the area of red light photo enforcement
equipment because the Purchasing Department lacked said expertise; and
WHEREAS, the services of HNTB were acquired to conduct the independent professional
assessment/due diligence review to determine whether the claims raised by ATC in its bid protest of
ACS and Redflex non -responsibility were valid; and
WHEREAS, HNTB independently confirmed said claims, and
City of mia nd Page I of 2 File 1& 10-06246 (Version: 2) Printed On: 31812010
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THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
File Number. 10-00246
WHEREAS, the Chief Procurement Officer has determined based on the independent finding
submitted by HNTB to deem both ACS and Redflex non -responsible firms-, and
WHEREAS, the Chief Procurement Officer is recommending to the City Commission to uphold the
protest of ATS and reject the City Manager's concurrence with the evaluation/selection committee's
recommendation and findings which would have allowed competitive negotiations with the top ranked
firm, ACS, and should negotiations have failed, to then negotiate with the second -ranked firm, Redflex;
and
WHEREAS, the Chief Procurement Officer further recommends to the City Commission to award
said procurement of Traffic Safety Camera Program, RFP No. 11905 to the responsive and
responsible proposer, ATS, at the next available City Commission meeting, after successful
negotiations between the City and ATS;
WHEREAS, both the City Manager and City Attorney concur with the Chief Procurement Officer's
recommendations; and
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. The Chief Procurement Officer's decision to uphold the protest of ATS, reject the City
Manager's concurrence with the Evaluation/Selection Committee's recommendation and findings,
allowing for competitive negotiations with the top-ranked firm, ACS, and should negotiations would
have failed, to then negotiate with the second -ranked firm, Redflex, and award the procurement of
Traffic Safety Camera Program, RFP No, 119057, to the responsive and responsible proposer, ATS,
at the next available City Commission meeting, after successful negotiations between the City and
ATS, is approved.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1
APPROVED AS TO FORM AND CORRECTNESS:'
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of miaw Page 2 of 2 File Id: 10-00246 (Version: 2) Printed On: 31812010
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