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Home My WebLink AboutR-08-0094City of Miami Legislation Resolution: R-08-0094 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00156A Final Action Date: 2/28/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE THE REQUIREMENTS FOR COMPETITIVE BID PROCEDURES PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE") IN SECTIONS 18-85, 18-87, 18-90 AND UNDER FLORIDA STATUTES SECTION 287.055; AUTHORIZING AN INCREASE IN THE AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($145,000) TO THE PREVIOUSLY AUTHORIZED AMOUNT OF SEVEN HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($775,000) FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH EDWARD D. STONE, JR. AND ASSOCIATES, INC. D/B/A EDSA FOR WORK REQUIRED FOR MASTER PLANNING SERVICES FOR THE VIRGINIA KEY PROJECT AND FOR PLANNING ALTERNATIVES FOR THE HISTORIC VIRGINIA KEY BEACH PARK LAND AREA AND PROPOSED MUSEUM, INCREASING THE NEW TOTAL AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED NINE HUNDRED AND TWENTY THOUSAND DOLLARS ($920,000), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE AND TO REINSTATE, EXTEND, CONTINUE AND AMEND THE AGREEMENT THROUGH SEPTEMBER 30, 2008, WITH FUNDING TO BE APPROPRIATED FROM PLANNING ACCOUNT NO. 00001.351000.531000.0000. WHEREAS, the City of Miami ("City") recognizes the key role of parks in providing educational, cultural, recreational, and other well-being programs to our citizens and visitors and in enhancing the quality of life of our citizens; and WHEREAS, pursuant to Resolution No. 05-0606, adopted January 13, 2005, the City Commission authorized the City Manager to execute a negotiated Professional Services Agreement ("Agreement") for an authorized amount not to exceed Seven Hundred and Seventy Five Thousand Dollars ($775,000) with the firm of Edward D. Stone, Jr. and Associates, Inc. d/b/a EDSA to provide a Master Plan for Virginia Key ("Plan") pursuant to Request for Qualifications No. 03-04-028 (the "RFQ") ; and WHEREAS, the RFQ contemplated master planning services in relation to all of Virginia Key, but the Agreement was originally for only an eighteen (18) month term and did not include the depth of additional services subsequently directed by the City Commission in relation to the synergy between Historic Virginia Key Beach Park, the proposed Museum and the rest of Virginia Key; and WHEREAS, additional services are necessary to complete the greater Virginia Key Master Plan and to examine planning alternatives to develop a "critical mass" of potential park development for City of Miami Page 1 of 3 File Id: 08-00156A (Version: 1) Printed On: 4/27/2017 File Number: 08-00156A Enactment Number: R-08-0094 the Historic Virginia Key Beach Park land areas and the viability of success for the proposed Museum in the Historic Virginia Key Beach Park which require the authorized amount to be increased by an amount not to exceed One Hundred and Forty -Five Thousand Dollars ($145,000) to a new total authorized amount not to exceed Nine Hundred and Twenty Thousand Dollars ($920,000); and WHEREAS, procurement procedures normally utilized to secure these types of services require significant time, from 6 to 8 months to complete, thereby compounding the delay further hampering the City's ability to proceed with completing the overall Virginia Key Master Plan for the benefit of the community; and WHEREAS, the Administration has made an emergency finding and determined that due to the significant time required to complete a competitive bid process the most expeditious methods to implement the additional planning services and viability study for the Virginia Key Master Plan and the Historic Virginia Key Beach Park land and proposed Museum and its overall relational impact and synergy with the rest of Virginia Key is to amend the existing Agreement to include such additional services pursuant to Sections 18-85, 18-87, and 18-90 of the Code of the City of Miami, as amended (the "Code") and Section 287.055, Florida Statutes, known as the Consultant's Competitive Negotiations Act ("CCNA"); and WHEREAS, the City Manager has made a written finding of a valid public emergency attached hereto and incorporated by reference, to the effect that, among other things, further delays required for competitive procurement and award of contract for the additional services jeopardizes the City's ability to complete the planning efforts in a timely and efficient manner and creates undue hardship on the public welfare, thus it is in the best interest of the public and appropriately justified to waive the requirements for competitive procurement procedures of the Code's Chapter 18 (Procurement Ordinance) and to make the emergency finding under CCNA Section 287.055, Florida Statutes, for the selection of EDSA for the additional services relating to the Virginia Key Master Plan and Historic Virginia Key Beach Park land and proposed Museum; and WHEREAS, said finding of the City Manager has been duly considered and adopted by the City Commission; and WHEREAS, this matter is being considered at a duly advertised public hearing and the City Commission has considered the CCNA Section 287.055, Florida Statutes, and Sections 18-85, 18-87, and 18-90 of the Code, which are each deemed as being incorporated by reference herein as though set forth in full, and which sets forth the criteria for the aforementioned emergency finding and waiver of competitive processes; and WHEREAS, the procedures required by the CCNA Section 287.055, Florida Statutes, may be waived if there is a finding of a valid public emergency by the agency head; and WHEREAS, the City Manager is considered the agency head for the City and the City is complying with the aforementioned laws and procedures, and WHEREAS, the City Manager is authorized to execute an Amendment No. 1 to the Agreement, in substantially the attached form, for said purpose and to reinstate, extend, continue, and amend the Agreement accordingly through September 30, 2008. City of Miami Page 2 of 3 File Id: 08-00156A (Version: 1) Printed On: 4/27/2017 File Number: 08-00156A Enactment Number: R-08-0094 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. By a four -fifths (4/5ths) affirmative vote, after a duly noticed public hearing, the City Manager's finding of an emergency that it is in the best interest of the City to waive the requirements for competitive bidding procedures, provided in Sections 18-86, 18-87 and 18-90 of the Code and under Florida Statues Section 287.055 is ratified, approved, and confirmed and an increase in an authorized amount not to exceed One Hundred and Forty -Five Thousand Dollars ($145,000) to the previously authorized amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) for the negotiated Agreement with EDSA, for work required for master planning services for the Virginia Key project and for planning alternatives for the Historic Virginia Key Beach Park land area and the proposed Museum is authorized increasing the new total authorized Agreement amount not to exceed Nine Hundred and Twenty Thousand Dollars ($920,000). Section 3. The City Manager is authorized {1} to execute an Amendment No. 1 to the Agreement, in substantially the attached form, for said purpose and to reinstate, extend, continue and amend the Agreement through September 30, 2008, with funding to be appropriated from Planning Account No. 00001.351000.531000.0000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor{2}. Footnotes: {1} The herein authorization is 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. {2} 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 Miami Page 3 of 3 File Id: 08-00156A (Version: 1) Printed On: 4/27/2017