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Resolution: R-10-0110
File Number: 10-00246
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/11/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF
PROCUREMENT OFFICER'S DECISION TO UPHOLD THE PROTEST OF
AMERICAN TRAFFIC SOLUTIONS AND REJECTING THE CITY MANGER'S
CONCURRENCE WITH THE EVALUATION/SELECTION COMMITTEE'S
RECOMMENDATIONS AND FINDINGS WHICH WOULD HAVE ALLOWED
COMPETITIVE NEGOTIATIONS WITH THE FIRST -RANKED FIRM, PURSUANT TO
REQUEST FOR PROPOSALS NO. 119057, TRAFFIC SAFETY CAMERA
PROGRAM.
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 conducted by 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 in the bid protest of ATS as
to ACS and Redflex being non -responsible were valid; and
WHEREAS, HNTB independently confirmed said claims; and
City of Miand Page 1 of 2 File Id. 10-00246 (Version: 2) Printed On: 7/18/2017
File Number: 10-00246
Enactment Number: R-10-0110
WHEREAS, the Chief Procurement Officer has determined based on the independent finding
submitted by HNTB to deem both ACS and Redflex non -responsible firms in the context of this RFP;
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 intends to recommend 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, following 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, rejecting the
City Manager's concurrence with the Evaluation/Selection Committee's recommendation and findings,
which would have allowed for competitive negotiations with the first -ranked firm, ACS, pursuant to
Request for Proposals No. 119057, Traffic Camera Safety Program, and should negotiations have
failed, to then negotiate with the second -ranked firm, Redflex, is hereby approved.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
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.
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