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HomeMy WebLinkAboutR-24-0355City of Miami Resolution R-24-0355 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16482 Final Action Date: 9/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; RETROACTIVELY APPROVING THE SELECTION OF STAR CLEANING USA, INC. ("STAR CLEANING") FOR THE PROVISION OF STREET SWEEPING SERVICES FOR THE DEPARTMENT OF SOLID WASTE ("SOLID WASTE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS AND ADDITION OF SERVICES TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") ATTACHED AND INCORPORATED AS EXHIBIT "B," SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami's Department of Solid Waste ("Solid Waste") has a dire need of street sweeping services in response to a shortage of personnel; and WHEREAS, an emergency procurement was deemed necessary to alleviate the flooding of the streets and to continue meeting the State of Florida requirements; and WHEREAS, the City of Miami ("City") entered into a Professional Services Agreement ("PSA") with Star Cleaning for street sweeping services, attached and incorporated as Exhibit "B"; and WHEREAS, Star Cleaning will continue to provide street sweeping services until a competitive solicitation is issued, evaluated and awarded; and WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), retroactively approved an emergency finding, waiving competitively sealed bidding procedures for this emergency; City of Miami Page 1 of 2 File ID: 16482 (Revision:) Printed On: 9/25/2024 File ID: 16482 Enactment Number: R-24-0355 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, pursuant to Section 18-90 of the City Code, the City Manager's emergency findings, attached and incorporated as Exhibit "A," is retroactively ratified, confirmed, and approved, the requirements for competitive sealed bidding procedures are waived, and the emergency selection of Star Cleaning for street sweeping services and the PSA between are City and Star Cleaning, attached and incorporated as Exhibit "B," are approved. Section 3. The City Manager is authorized to negotiate and execute any and all documents, including any amendments, modifications or additions of services for street sweeping services as provided in the PSA, attached and incorporated as Exhibit "B," subject to all allocations, appropriations, prior budgetary approvals, and compliance with applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 16482 (Revision:) Printed on: 9/25/2024