Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00318 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AWARD FOR THE PROCUREMENT OF A TRAFFIC SAFETY CAMERA PROGRAM TO AMERICAN TRAFFIC SOLUTIONS ("ATS"), THE THIRD -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSAL NO. 119057; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATS, FOR A PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO RENEGOTIATE SAID EXECUTED AGREEMENT WITH ATS SHOULD THE STATE LEGISLATURE PASS ANY LEGISLATION THAT WOULD IMPACT THE CITY OF MIAMI'S TRAFFIC SAFETY CAMERA PROGRAM IN ORDER TO BE IN COMPLIANCE WITH SAID STATE LAW. 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 fail, 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 pretest 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 City of Miami Page 1 of 3 File Id: 10-00318 (Version: 1) Printed On: 3/16/2010 File Number. 10-00318 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 WHEREAS, the Chief Procurement Officer determined, based on the independent findings submitted by HNTB, to deem both ACS and Redflex non -responsible firms, in the context of this RFP, solely based on the fact when the RFP was issued, and at the time responses were submitted by ACS and Redflex for the Traffic Safety Camera Program, both firms "at that point in time" had not installed a fully operational self-sustaining, free-standing, non -intrusive, non-invasive, non-physical camera system to a Traffic Control System as required by the specifications of the RFP; and WHEREAS, on March 11, 2010, the City Commission pursuant to Resolution No. 10-0110, approved the Chief Procurement Officer's decision to uphold the protest of ATS and to 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 second -ranked firm, Redflex; and WHEREAS, the Chief Procurement Officer recommends to the City Commission to award said procurement of Traffic Safety Camera Program, RFP No. 11905 to the responsive and responsible proposer, ATS; and WHEREAS, the City Commission authorizes the City Manager to negotiate and execute an agreement, in substantially the attached form, with ATS, and should the State Legislature pass any legislation that would impact the Traffic Safety Camera Program, the City Manager is , authorized to renegotiate said executed agreement with ATS to be in compliance with State law; 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 City Manager is authorized {1} to negotiate and execute an Agreement, in substantially the attached form, with ATS, the third -ranked firm, pursuant to RFP No. 119057, for the procurement of a Traffic Safety Camera Program, for a period of five (5) years, with the option to renew for two (2) additional two (2) year periods. Section 3. The City Manager is further authorized {1} to renegotiate said executed Agreement with ATS should the State Legislature pass any legislation that would impact the City's Traffic Safety Camera Program in order to be in compliance with State law. Section 4. This Resolution shall become effective immediately upon its adoption and signature of theAta 2} City of Miami Page 2 of 3 File Id: 10-00318 (Version: 1) Printed On: 3/16/2010 File Number: 10-00318 APPROVED AS TO FORM AND CORRECTNESS:`% JULIE O. BRU CITY ATTORNEY 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: 10-00318 (Version: 1) Printed On: 3/16/2010