HomeMy WebLinkAboutResolutionCity of Miami
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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00318a Final Action Date: 4/22/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF
PROCUREMENT OFFICER'S DECISION TO DENY THE PROTEST OF ACS STATE
& LOCAL SOLUTIONS, INC. , AND TO CONTINUE TO UPHOLD THE PROTEST OF
AMERICAN TRAFFIC SOLUTIONS , PURSUANT TO RESOLUTION NO. 10-0110,
ADOPTED MARCH 11, 2010.
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, ATS 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," 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 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 Department of Purchasing lacked said expertise; and
WHEREAS, the services of HNTB were acquired to conduct the independent professional
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 several of the claims raised in the protest of ATS;
and
WHEREAS, the Chief Procurement Officer determined based on the independent finding
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submitted by HNTB to deem both ACS and Redflex non -responsible firms; and
WHEREAS, the Chief Procurement Officer recommended to the Miami City Commission to
uphold the protest of ATS and rejected 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, both the City Manager and City Attorney concurred with the Chief Procurement
Officer's recommendations; and
WHEREAS, the City Commission at the March 11, 2010, adopted Resolution No. 10-0110,
concurring with the Chief Procurement Officer's recommendation to uphold the protest of ATS and
rejected 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, ACS, pursuant to Section 18-104 of the City Code, entitled "Resolution of Protested
Solicitations and Awards," timely submitted a written notice of intent to file a protest and written
protest with the necessary filing fee; and
WHEREAS, ACS in its written protest claims that it should have not been deemed
non -responsible and the Chief Procurement Officer should reconsider his recommendation to the
Miami City Commission upholding the protest of ATS and thereby rejecting 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
WHEREAS, the Chief Procurement after carefully considering ACS's written protest, denies their
protest and recommends to the Miami City Commission to continue to uphold the protest of ATS,
pursuant to Resolution No. 10-0110, adopted March 11, 2010, and reject the City Manager's
concurrence with the evaluation/selection committee's recommendation and -findings, which would
have allowed competitive negotiations with the first -ranked firm, pursuant to RFP No. 119057,
Traffic Safety Camera Program; and
WHEREAS, both the City Manager and City Attorney concurred with the Chief Procurement
Officer's recommendations;
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 Miami City Commission approves the Chief Procurement Officer's decision to
deny the protest of ACS to continue to uphold the protest of ATS, pursuant to Resolution No. 10-
0110, adopted March 11, 2010, and thereby rejecting the City Manager's concurrence with the
evaluation/selection committee's recommendation and findings, which would have allowed
competitive negotiations with the first ranked firm, pursuant to RFP No. 119057, Traffic Safety
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Camera Program.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
Footnotes:
{1} 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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