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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1560 Date: 01/04/2017 Commission Meeting Date: 01/26/2017 Requesting Department: Department of Procurement Sponsored By: District Impacted: All Type: Resolution Subject: Appr - Hearing Officers to Resolve Protests Purpose of Item: The nature of this item is to seek City Commission approval, pursuant to Ordinance No. 13629, approving the City Manager's recommendations for Hearing Officers to resolve protests filed under Chapter 18, of the Code of the City of Miami, Florida, as amended, authorizing the City Manager to execute a Professional Services Agreement ("PSA") with each Hearing Officer, further authorizing the City Manager to negotiate and execute any other documents including amendments, and modifications to the PSA, in a form acceptable to the City Attorney, as may be necessary for said purpose. Background of Item: On September 8, 2016, the City Commission approved Ordinance No. 13629, which amended Chapter 18, Article III, Section 18-104(b), entitled "Finance/City of Miami Procurement Ordinance/Resolution of Protested Solicitations and Awards/Authority to Resolve Protests", and Chapter 18, Article V, Section 18-176.3, entitled "Finance/Sale or Lease of City's Real Property/Procedures for Resolution of Protested UDP's and Awards", of the Code of the City of Miami, Florida, as amended ("City Code") to provide for the adjudication of bid protests and awards, arising under Chapter 18 through Hearing Officers, and for the City Commission to approve such list of Hearing Officers. Miami -Dade County has provided the City of Miami Procurement Department ("Procurement"), with its list of current Hearing Officers, of whom seven (7) of the eight (8) are Judges. Procurement has reached out to all eight (8) of the County's Hearing Officers, and has attained written acceptance from all to be included in the City of Miami's Pool of Hearing Officers for protests. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Procurement Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Annie Perez Jacques Joseph Christopher M Rose Fernando Casamayor Valentin J Alvarez Daniel J. Alfonso Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Clerk Completed Completed 01/04/2017 5:09 PM Completed 01/05/2017 11:19 AM Completed 01/11/2017 11:26 AM Completed 01/11/2017 11:28 AM Completed 01/12/2017 2:37 PM Completed 01/13/2017 10:30 PM Completed 01/17/2017 10:41 AM Completed 01/17/2017 4:10 PM Completed 01/26/2017 9:00 AM Completed 01/31/2017 2:33 PM 01/31/2017 3:14 PM City of Miami Legislation Resolution Enactment Number: R-17-0041 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1560 Final Action Date:1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ORDINANCE NO. 13629, APPROVING THE CITY MANAGER'S RECOMMENDATIONS FOR HEARING OFFICERS, ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A", TO RESOLVE PROTESTS FILED UNDER CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH HEARING OFFICER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER DOCUMENTS INCLUDING AMENDMENTS AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, Ordinance No. 13629, adopted on September 8, 2016, amended Chapter 18, Article III, Section 18-104(b) of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Finance/City of Miami Procurement Ordinance/Resolution of Protested Solicitations and Awards/Authority to Resolve Protests", and Chapter 18, Article V, Section 18- 176.3 of the City Code, entitled "Finance/Sale or Lease of City's Real Property/Procedures for Resolution of Protested UDP's and Awards", to provide for the adjudication of bid protests and awards, arising under Chapter 18 of the City Code, through Hearing Officers; and WHEREAS, Ordinance No. 13629 also provides for the list of potential Hearing Officers to be pre -approved by the City Commission; and WHEREAS, Miami -Dade County ("County") provided the City of Miami ("City") Procurement Department ("Procurement") with the County's list of eight (8) current Hearing Officers, seven (7) of which are former Judges; and WHEREAS, Procurement reached out to the eight (8) County Hearing Officers and obtained written acceptance from each to be included in the City's Pool of Hearing Officers for protests; 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's recommendations for Hearing Officers, attached and incorporated hereto as Exhibit "A", to resolve protests filed pursuant to Chapter 18 of the City Code, is approved. Section 3. The City Manager is hereby authorized1 to execute a PSA, in a form acceptable to the City Attorney, with each Hearing Officer. Section 4. The City Manager is further authorized' to negotiate and execute all other documents including amendments and modifications to the PSA, in a form acceptable to the City Attorney, as may be necessary for said purpose Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 1117/2017 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.