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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2817 Resolution Sponsored by: Commissioner Keon Hardemon A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD BY GREATER MIAMI SERVICES CORPS., A FLORIDA NOT FOR PROFIT CORPORATION ("GREATER MIAMI"), FROM JANUARY 1, 2017 THROUGH MARCH 31, 2017; APPROVING PAYMENT TO GREATER MIAMI FOR SAID SERVICES RENDERED WITHOUT A CONTRACT DURING THE PERIOD FROM JANUARY 1, 2017 TO MARCH 31, 2017 AT AN AMOUNT NOT TO EXCEED $38,611.12 WITH FUNDS ALLOCATED FROM THE SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE NEGOTIATION AND EXECUTION OF A MODIFICATION, AMENDMENT, OR EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GREATER MIAMI AUTHORIZED BY RESOLUTION NO. 15-0535, ADOPTED ON DECEMBER 10, 2015, TO EXTEND THE PERIOD OF PERFORMANCE TO MARCH 31, 2017, WITH TERMS THAT ARE SATISFACTORY TO THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING RETROACTIVE PAYMENTS NOT TO EXCEED $38,611.12 TO GREATER MIAMI FOR SERVICES PERFORMED WITHOUT A CONTRACT. City of Miami Legislation Resolution Enactment Number: R-17-0422 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2817 Final Action Date:9/19/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD BY GREATER MIAMI SERVICES CORPS., A FLORIDA NOT FOR PROFIT CORPORATION ("GREATER MIAMI"), FROM JANUARY 1, 2017 THROUGH MARCH 31, 2017; APPROVING PAYMENT TO GREATER MIAMI FOR SAID SERVICES RENDERED WITHOUT A CONTRACT DURING THE PERIOD FROM JANUARY 1, 2017 TO MARCH 31, 2017 AT AN AMOUNT NOT TO EXCEED $38,611.12 WITH FUNDS ALLOCATED FROM THE SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE NEGOTIATION AND EXECUTION OF A MODIFICATION, AMENDMENT, OR EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GREATER MIAMI AUTHORIZED BY RESOLUTION NO. 15-0535, ADOPTED ON DECEMBER 10, 2015, TO EXTEND THE PERIOD OF PERFORMANCE TO MARCH 31, 2017, WITH TERMS THAT ARE SATISFACTORY TO THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING RETROACTIVE PAYMENTS NOT TO EXCEED $38,611.12 TO GREATER MIAMI FOR SERVICES PERFORMED WITHOUT A CONTRACT. WHEREAS, on or about December 10, 2015, pursuant to Resolution No. 15-0535, the City Commission by a four -fifths (4/5) affirmative vote and after an advertised public hearing, ratified, confirmed, and approved the City Manager's recommendation and written findings with reasons supporting a waiver of competitive sealed bidding methods for the maintenance and beautification of Martin Luther King Boulevard ("MLK Blvd") ("Services") for the period of January 1, 2016 through December 31, 2016 as not being practicable or advantageous to the City of Miami ("City") pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, pursuant to said waiver and subsequent ratification, the City entered into a Professional Services Agreement ("PSA") with the Greater Miami Service Corps., a Florida not for profit corporation ("Greater Miami"), for the Services for the period from January 1, 2016 through December 31, 2016 at an annual amount not to exceed $174,000.00 with funds allocated from the Special Revenue Fund; and WHEREAS, there was a delay in contract execution that resulted a delay start of the Services by Greater Miami; and WHEREAS, Greater Miami satisfactorily performed the Services from April 1, 2016 through March 31, 2017; and WHEREAS, Greater Miami satisfactorily performed the Services beyond the December 31, 2016 date, specifically from January 1, 2017 through March 31, 2017, without a contract; and WHEREAS, the three (3) month period of Services rendered was within the original budgeted amount of $174,000.00; and WHEREAS, pursuant to Section 18-85 of the City Code, the City Manager determined that it is not practicable or advantageous to the City to adhere to competitive sealed bidding methods for the Services rendered by Greater Miami from January 1, 2017 through March 31, 2017 via a written finding with reasons supporting his conclusion therein, attached hereto as Exhibit "A" and incorporated herein, and therefore recommends waiver of competitive sealed bidding methods for the Services provided without a contract during the period of January 1, 2017 through March 31, 2017; and WHEREAS, said conclusion must be ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative vote; and WHEREAS, a modification to the PSA is necessary to make retroactive payments to Greater Miami for the Services rendered from January 1, 2017 through March 31, 2017; and WHEREAS, the disbursement by the City of any amount of funds is subject, as a condition precedent, to the negotiation and execution of a modification to the PSA satisfactory to the City Manager, or the Manager's authorized designee, as to content and to the City Attorney as to legal form and correctness; and WHEREAS, if the required modification to the PSA has not been agreed upon and executed within 90 days of the rendition of this Resolution, this matter will be brought back to the City Commission for further action by the City Administration; 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, the City Manager's recommendation and written findings pursuant to Section 18-85 of the City Code, are ratified, approved, and confirmed; the requirements for competitive sealed bidding methods are waived, as not being practicable or advantageous to the City, for maintenance and beautification of MLK Blvd performed during the period of January 1, 2017 through March 31, 2017; and payment for Services performed during that period to Greater Miami in an amount not to exceed $38,611.12, is authorized. Section 3. Funds to be allocated from a Special Revenue Fund. Section 4. The City Manager is authorized to negotiate and execute a modification, amendment, or extension to the PSA that is satisfactory in content to the City Manager, or the City Manager's authorized designee, and in a form acceptable to the City Attorney, 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 Attor ey 9/1/2017 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.