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Home My WebLink AboutSUB-Legislation-Version 2of ,; City of Miami Legislation co 00 Resolution PG "3-adas4-7,t City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00318a 1— Final Action Date: f--. z rf, �vz co A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF o 0 PROCUREMENT OFFICER'S DECISION TO DENY THE PROTEST OF ACS ¢ t o STATE & LOCAL SOLUTIONS, INC. , AND TO CONTINUE TO UPHOLD THE i "—' Ls-1 PROTEST OF AMERICAN TRAFFIC SOLUTIONS , PURSUANT TO RESOLUTION a m ¢ NO. 10-0110, ADOPTED MARCH 11, 2010. w .-i z Uz�uz Onvu�g Da:�D 'noZU =odo 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 and WHEREAS, HNTB independently confirmed several of the claims raised in the protest of ATS, WHEREAS, the Chief Procurement Officer determined based on the independent finding City of Miami Page 1 of 3 10- 0031 - Sue) - Leas laTion - Versi or, 2 File 1d: 10-00318a (Version: 2) Printed On: 4/19/2010 File Number: 10-00318a 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 Camera Program. z 0 6 zco ¢moo u z z�¢ ¢wz F- rz� OP.WCO Z20ZL' x0¢0 City of Miami Page 2 of 3 File Id: 10-00318a (Version: 2) Printed On: 4/19/2010 File Number: 10-00318a Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1) gyp., APPROVED AS TO FORM AND CORRECTNESS• JULIE O. BRU CITY ATTORNEY 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT City of Miami Page 3 of 3 File Id: 10-00318a (Version: 2) Printed On: 4/19/2010 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Numbe 10-00318a Final Action Date: A RESOD ION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCURE NT OFFICER'S DECISION TO DENY THE PROTEST OF ACS STATE & LOB • L SOLUTIONS, INC. , AND TO CONTINUE TO UPHOLD THE PROTEST OF ERICAN TRAFFIC SOLUTIONS , PURSUANT TO RESOLUTION NO. 10-0110, AD TED MARCH 11, 2010. City of Miami Page 1 of 1 File Id: 10-00318a (Version: I) Printed On: 4/14/2010