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Home My WebLink AboutR-08-0255City of Miami Legislation Resolution: R-08-0255 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00393 Final Action Date: 5/8/2008 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 FIVE HUNDRED AND TEN THOUSAND DOLLARS ($510,000) TO THE PREVIOUSLY AUTHORIZED SECOND WORK ORDER AMOUNT OF ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000) FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH DUANY PLATER-ZYBERK & COMPANY, LLC F/K/A DUANY PLATER-ZYBERK & COMPANY, INC. FOR WORK REQUIRED FOR CITYWIDE TOWN PLANNING, PUBLIC MEETINGS, AND URBAN DESIGN SERVICES FOR THE MIAMI 21 MASTER PLAN PROJECT WORK ORDER, INCREASING THE NEW TOTAL AUTHORIZED SECOND WORK ORDER AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED AND TEN THOUSAND DOLLARS ($2,210,000), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE AND TO EXTEND, CONTINUE AND AMEND THE SECOND WORK ORDER AND THE AGREEMENT THROUGH DECEMBER 31, 2009 WITH FUNDING TO BE APPROPRIATED FROM GENERAL FUND ACCOUNT NO. 00001.980000.891000.0000.00000, ALLOCATING TO PLANNING DEPARTMENT ACCOUNT NO. 310000.351000.531000.0000.00000. WHEREAS, the City of Miami ("City") previously scheduled a substantial number of projects for the fiscal years 2002, 2003, and 2004 that require professional Town Planning/Urban Design Services and conducted a competitive Request for Proposals ("RFP") process in connection therewith; and WHEREAS, pursuant to Resolution No. 02-19, adopted January 10, 2002, the City Commission approved the findings of the selection committee pursuant to the RFP process and authorized the City Manager to negotiate and execute professional services agreements, each in an amount not to exceed $600,000, with -four (4) qualified firms recommended by the selection committee; and WHEREAS, a Professional Services Agreement (the "Original Agreement") with Duany Plater-Zyberk & Company, Inc., as one of the qualified respondents for Town Planning/Urban Design Services, was executed on February 4, 2003 for a first Work Order in an amount not to exceed Two Hundred and Fifty Thousand Dollars and No Cents ($250,000.00) for the FEC Railway Corridor City of Miami Page 1 of 4 File Id: 08-00393 (Version: 11 Printed On: 5/3/2017 File Number: 08-00393 Enactment Number: R-08-0255 Study, with payments made totaling Two Hundred Twenty Three Thousand Eight Hundred Sixteen Dollars and No Cents ($223,816.00); and WHEREAS, pursuant to Resolution No. 04-0348, adopted May 27, 2004, the City Commission amended the Original Agreement by an Amendment ("First Amendment") with Duany Plater-Zyberk & Company, LLC formerly known as Duany Plater-Zyberk & Company, Inc. ("DPZ") to add a new second Work Order for the Town Planning/Urban Design Services, in accordance with the services contemplated by the RFP, for the Citywide Miami 21 Master Plan project in an amount not to exceed $1,700,000 (the "Original Agreement and the First Amendment being collectively the "Agreement"); and WHEREAS, additional Town Planning, public meetings and Urban Design Services are necessary under the second Work Order to complete the Citywide Miami 21 Master Plan project which require the authorized amount of the second Work Order to be increased by an amount not to exceed Five Hundred and Ten Thousand Dollars ($510, 000) to a new total authorized second Work Order amount not to exceed Two Million, Two Hundred and Ten Thousand Dollars ($2,210,000); and WHEREAS, procurement procedures, contract award and negotiation processes normally utilized to secure these types of services require significant time, from 6 to 8 months to complete all of those processes, thereby compounding the delay further hampering the City's ability to proceed with completing the overall Miami 21 Master Plan project 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 processes, contract award and contract negotiation, and for consistency with the Miami 21 project, the most expeditious methods to implement the additional Town Planning, public meetings, and Urban Design Services for the Citywide Miami 21 Master Plan project is to amend the second Work Order and the 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 DPZ for the additional Town Planning, public meetings, and Urban Design Services relating to the second Work Order for the Citywide Miami 21 Master Plan project; 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 City of Miami Page 2 of 4 File Id: 08-00393 (Version: 11 Printed On: 5/3/2017 File Number: 08-00393 Enactment Number: R-08-0255 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 a Second Amendment to the Agreement, in substantially the attached form, for said purposes (i) which will bring the total authorized maximum amount allocated under the Original Agreement, the First Amendment and the Second Amendment to an amount not to exceed Two Million, Four Hundred and Sixty Thousand Dollars ($2,460,000) and (ii) which will extend, continue, and amend the second Work Order and the Agreement accordingly through December 31, 2009. 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 second Work Order amount not to exceed Five Hundred and Ten Thousand Dollars ($510,000) to the previously authorized second Work Order amount of One Million, Seven Hundred Thousand Dollars ($1,700,000) for the negotiated Agreement with DPZ, for additional work required for Town Planning, public meetings, and Urban Design Services for the Citywide Miami 21 Master Plan project is authorized increasing the new total authorized second Work Order amount not to exceed Two Million, Two Hundred and Ten Thousand Dollars ($2,210,000). Section 3. The City Manager is authorized {1} to execute a Second Amendment to the Agreement, in substantially the attached form, for said purpose and to extend, continue and amend the second Work Order and the Agreement through December 31, 2009, with funding to be appropriated from General Fund Account No. 00001.980000.891000.0000.00000, allocating to Planning Department Account No. 310000.351000.531000.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 08-00393 (Version: 11 Printed On: 5/3/2017 File Number: 08-00393 Enactment Number: R-08-0255 {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 4 of 4 File Id: 08-00393 (Version: 11 Printed On: 5/3/2017