HomeMy WebLinkAboutResolutionCity 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 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
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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
the Mayor. {2}
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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.
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