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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3343 Date: 11/30/2017 Commission Meeting Date: 12/14/2017 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: All Type: Resolution Subject: Waiver - Consultants Competitive Negotiations Act Purpose of Item: The nature of this item is to authorize a resolution of the City of Miami ("City") Commission, waiving competitive sealed bidding procedures and the qualifications process, pursuant to the Consultants' Competitive Negotiations Act (CCNA), Florida Statute 287.055 3(a)1, for emergency services post Hurricane Irma. This resolution will expedite the procurement process for architectural and engineering ("A&E") and construction services, for the repair of City facilities impacted by Hurricane Irma, as outlined in Exhibit "A", and allow the City to utilize A&E Consultants that are currently under contract with the City, for a period not to exceed the completion of the repair(s). Background of Item: On September 9th and 10th, 2017, Hurricane Irma ("Irma") hit the City of Miami ("City") as a strong Category 1, leaving a trail of destruction and debris throughout the City, and extensively damaging numerous City facilities, outlined in Exhibit "A". The nature and use of these facilities require immediate repair, including architectural and engineering ("A&E") services. However, the procurement process outlined in Florida Statute (F.S.) 287.055, known as the Consultants' Competitive Negotiations Act ("CCNA") for A&E services, can take six (6) to nine (9) months, delaying the repair of these City facilities in dire need. Such delay is not in the best interest of the City and its constituents, as the damage to these facilities pose a public safety issue, including threats to health, life, and safety, and in many cases, a loss of revenue to the City. F.S. 287.055, CCNA, does however permit exemptions to these requirements in emergency situations, as stated in Section 3(a)1 entitled "Public Announcement and Qualifications Procedures". Therefore, pursuant to the City Manager's emergency finding, certifying that Irma has caused a valid public emergency to City facilities listed in Exhibit "A", it is most advantageous for the City to waive the competitive sealed bidding procedures and qualifications process pursuant to F.S. 287.055, 3(a)1 of CCNA, for the provision of emergency A&E services post Hurricane Irma. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements Real Estate and Asset Management Department of Procurement Office of Management and Budget Office of Management and Budget City Manager's Office Office of the City Attorney 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 Office of the City Clerk Reviewed B Jeovanny Rodriguez Aldo Bustamante Lydia Osborne Yvette Smith Christopher M Rose Alberto N. Parjus Valentin J Alvarez Daniel J. Alfonso Valentin J Alvarez Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Completed 12/01/2017 9:44 AM Department Head Review Completed 12/01/2017 11:18 AM Procurement Review Completed 12/01/2017 11:20 AM Budget Analyst Review Completed 12/04/2017 9:01 PM Budget Review Completed 12/04/2017 9:58 PM Assistant City Manager Review Completed 12/05/2017 9:50 AM Legislative Division Review Completed 12/05/2017 3:32 PM City Manager Review Completed 12/05/2017 6:15 PM Deputy City Attorney Review Skipped 12/05/2017 3:33 PM Approved Form and Correctness Completed 12/05/2017 6:25 PM Meeting Completed 12/14/2017 9:00 AM Signed by the Mayor Completed 12/22/2017 12:23 PM Signed and Attested by the City Clerk Completed 12/22/2017 12:57 PM Rendered Completed 12/22/2017 12:57 PM City of Miami Legislation Resolution Enactment Number: R-17-0618 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3343 Final Action Date:12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, AS AGENCY HEAD, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT HURRICANE IRMA HAS CAUSED A VALID PUBLIC EMERGENCY TO CITY OF MIAMI FACILITIES AS OUTLINED IN EXHIBIT "A" OF THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED, AND THEREFORE, IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE THE COMPETITIVE SEALED PROCUREMENT PROCEDURES AND QUALIFICATIONS PROCESS PURSUANT TO SECTION 287.055(3)(A)1, FLORIDA STATUTES, AUTHORIZING THE CITY MANAGER TO UTILIZE ARCHITECTURAL, ENGINEERING AND LANDSCAPE ARCHITECTURE ("A&E') CONSULTANTS CURRENTLY UNDER CONTRACT. WHEREAS, on September 9, 2017 and September 10, 2017, Hurricane Irma ("Irma") hit the City of Miami ("City") as a strong Category 1 hurricane, leaving a trail of destruction and debris throughout the City, and extensively damaging numerous City facilities; and WHEREAS, the damaged City facilities require immediate repair, including architectural and engineering services; and WHEREAS, the procurement process outlined in Section 287.055, Florida Statutes, known as the Consultants' Competitive Negotiations Act ("CCNA") for professional architectural, engineering, and landscape architectural ("A&E") services, can take six (6) to nine (9) months, and it is not feasible to delay the repair process, as the damage to these facilities pose a public safety issue; and in many cases, a loss of revenue to the City; and WHEREAS, Section 287.055(3)(a)(1), entitled "Public Announcement and Qualifications Procedures," states that the above process must be followed "except in cases of valid public emergencies certified by the agency head"; and WHEREAS, pursuant to the City Manager's emergency finding, as agency head, attached and incorporated as Attachment "A," finds that Irma has caused a valid public emergency to City facilities and therefore it is most advantageous for the City to waive the competitive sealed procurement procedures and qualifications process pursuant to Section 287.055(3)(a)(1), Florida Statutes for the provision of A&E services for City facilities listed in Exhibit "A" of the City Manager's emergency finding, attached and incorporated; and WHEREAS, the City intends to utilize A&E consultants that are currently under contract with the City for the professional A & E services related to the repair of the City facilities listed in Exhibit "A" of the City Manager's emergency finding, attached and incorporated, which facilities were damaged by Hurricane Irma for a period not to exceed the completion of each repair; 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 (4/5) affirmative vote, approving and confirming the City Manager's emergency finding, as agency head, attached and incorporated as Attachment "A," that Hurricane Irma has caused a valid public emergency to City facilities outlined in Exhibit "A" of the City Manager's finding, attached and incorporated, and therefore, it is most advantageous for the City to waive the competitive sealed procurement procedures and qualifications process pursuant to Section 287.055(3)(a)(1), Florida Statutes. Section 3. The City Manager is authorized' to utilize A&E Consultants currently under contract for the repair of the City facilities listed in Exhibit "A" of the City Manager's emergency finding, attached and incorporated, for a period not to exceed the completion of each repair. Section 4. 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 12/5/2017 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.