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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00241 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR FINANCIAL SERVICES IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AND THE FINANCIAL FIRM, PUBLIC FINANCIAL MANAGEMENT, INC., IN AN AMOUNT NOT TO EXCEED $110,144.00, FOR THE PROVISION OF QUANTITATIVE AND ANALYTICAL FINANCIAL SERVICES TO THE CITY IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531000. WHEREAS, the City of Miami ("City") required financial services for support with collective bargaining, labor negotiations, and related budget issues; and WHEREAS, pursuant to Resolution No. 10-0325, adopted July 22, 2010, the City Commission authorized the City Manager to execute a Professional Services Agreement ("PSA") with Public Financial Management, Inc. ("PFM"), utilizing an existing City of Philadelphia Request for Qualifications dated April 3, 2009, and subsequent agreement, as amended, for the provision of financial services, for the office of the City Manager, effective through May 31, 2011, with options to renew for two (2) additional one (1) year periods, in a first year annual amount not to exceed $125,000.00; and WHEREAS, the PSA provides for PFM to be reimbursed for all out-of-pocket expenses on an actual cost basis, subject to PFM's submission and the City's acceptance of appropriate documentation; and WHEREAS, the financial services consist of, but are not limited to, providing expert advice and analysis for collective bargaining negotiations; expert testimony; analysis of salaries, benefits, and pensions for uniformed bargaining and non -uniformed bargaining unit employees; preparation of materials/documentation; oral presentations, and meeting with government officials; and WHEREAS, the PSA with PFM was authorized by the City Commission, but not routed for signature and thus not executed; and WHEREAS, the PSA with PFM is currently being routed for signature and approval after the fact City of Miami Page 1 of 3 File Id: 12-00241 (Version: 11 Printed On: 3/13/2012 File Number: 12-00241 retroactive to the date of the City Commission approval of the Agreement; and WHEREAS, the PSA with PFM expired and was not specifically renewed by the City Commission and cannot now be renewed because, notwithstanding its approval after the fact, it expired on May 31, 2011, by its own terms; and WHEREAS, during the initial term of the agreement, PFM provided such financial services and incurred out-of-pocket expenses in the amount of $169,392.00, which exceeds the authorized $125,000.00 initial contract value by $44,392.00; and WHEREAS, PFM also provided financial services at the City's request after the expiration of the initial agreement, from June 1, 2011 through October 15, 2011, and the City compensated PFM for its services and related out-of-pocket expenses in the amount of $65,752.00; and WHEREAS, proper authorization from the City Commission is required to ratify payments made to PFM, in an amount not to exceed $110,144.00, for financial services and out-of-pocket expenses incurred in excess of the initial contract amount and for the period between June 1, 2011 and October 15,2011;and WHEREAS, pursuant to section 18-85(a), of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has waived competitive sealed bidding methods by making the written finding containing the reasons supporting his conclusion herein that , in this instance, competitive sealed bidding or competitive sealed requests for proposal are not practicable or is not advantageous to the City, and said conclusion is subject to being ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative vote after and advertised public hearing; 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, after an advertised public hearing, the City Manager's recommendation and written findings pursuant to Section 18-85(a) of the City Code, are ratified, approved and confirmed, and the requirements for competitive sealed bidding methods are waived as not being practicable or advantageous to the City for financial services to the City in support of collective bargaining, labor negotiations, and related budget issues. Section 3. The City Manager is authorized{1} to execute a PSA, in substantially the attached form, between the City and PFM for quantitative and analytical services to the City in support of collective bargaining, labor negotiations, related budget issues, and out-of-pocket expenses paid to PFM beyond the initial contract amount and for such financial services and out-of-pocket expenses between the period of June 1, 2011 and October 15, 2011, in an amount not to exceed $110,144.00, with funds allocated from Account No. 00001.980000.531000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} City of Miami Page 2 of 3 • File Id: 12-00241 (Version: 1) Printed On: 3/13/2012 File Number: 12-00241 APPROVED AS TO LEGAL 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: 12-00241 (Version: 1) Printed On: 3/13/2012