HomeMy WebLinkAboutR-18-0168City of Miami
Resolution R-18-0168
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3913 Final Action Date: 4/26/2018
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 THE
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 ADDITIONAL 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, AND ALL
REQUIREMENTS OF SECTION 18-87 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO
UTILIZE ARCHITECTURAL, ENGINEERING AND LANDSCAPE
ARCHITECTURE ("A&E") CONSULTANTS CURRENTLY UNDER CONTRACT,
FOR A PERIOD NOT TO EXCEED THE COMPLETION OF THE REPAIR(S),
DUE TO EXIGENCY OR EMERGENCY CIRCUMSTANCES.
WHEREAS, on September 9, 2017 and September 10, 2017, Hurricane Irma ("Irma") hit
the City of Miami ("City") as a strong Category 1 storm, leaving a trail of destruction and debris
throughout the City, and extensively damaging numerous City facilities, which require immediate
repair, including architectural and engineering services; and
WHEREAS, on December 14, 2017, the City Commission, by a four -fifths (4/5ths) vote,
adopted Resolution No. 17-0618, that approved and confirmed the City Manager's finding, as
agency head, that Hurricane Irma caused a valid public emergency to various City owned
facilities, waived competitive sealed procurement procedures and qualifications process
pursuant to Section 287.055(3)(a)(1), Florida Statutes, and authorized the City Manager to
utilize Architectural, Engineering and Landscape Architecture ("A&E") consultants currently
under contract with the City for the repair of the City Facilities listed at that time in Exhibit "A" of
the City Manager's finding; and
WHEREAS, the City facilities listed in Exhibit "A" of the City Manager's finding pursuant
to the above referenced Resolution only reflected properties managed by the Department of
Real Estate and Asset Management ("DREAM") and did not list additional City facilities that
were damaged by Irma; and
WHEREAS, the City Manager as made a separate and distinct finding, as agency head,
that Hurricane Irma caused a valid public emergency to additional City owned facilities, as listed
in Exhibit "A," attached and incorporated; and
City of Miami Page 1 of 3 File ID: 3913 (Revision:) Printed On: 3/31/2025
File ID: 3913 Enactment Number: R-18-0168
WHEREAS, the procurement process outlined in Section 287.055, Florida Statutes,
known as the Consultants' Competitive Negotiations Act ("CCNA") for architectural and
engineering ("A&E") services, can take six (6) to nine (9) months to complete, 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), Florida Statutes, entitled "Public Announcement
and Qualifications Procedures," states "except in cases of valid public emergencies certified by
the agency head"; and
WHEREAS, this emergency finding is separate and distinct from and is not intended to
replace or supersede the emergency finding approved by Resolution No. 17-0618 adopted on
December 14, 2017; and,
WHEREAS, pursuant to the City Manager's emergency finding, which finds 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 Section 287.055(3)(a)(1), Florida Statutes, for the provision of A&E services
for additional City facilities outlined in Exhibit "A," attached and incorporated; and
WHEREAS, to expedite the A&E process, it is most advantageous to waive all
requirements of Section 18-87 of the Code of the City of Miami, Florida, as amended ("City
Code"); and
WHEREAS, the City intends to utilize A&E consultants that are currently under contract
with the City, to provide professional A&E services for each the repairs of the additional City
facilities listed in Exhibit "A," attached and incorporated, 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, the City Manager's emergency finding,
as agency head, that Hurricane Irma has caused a valid public emergency to additional City
facilities, outlined in Exhibit "A," attached and incorporated, is approved and confirmed, 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,
and all requirements of Section 18-87 of the City Code.
Section 3. The City Manager is authorized', to utilize Architectural, Engineering and
Landscape Architecture Consultants, currently under contract with the City, for a period not to
exceed the completion of the repair(s), due to exigency or emergency circumstances.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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.
City of Miami Page 2 of 3 File ID: 3913 (Revision:) Printed on: 3/31/2025
File ID: 3913 Enactment Number: R-18-0168
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tton
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.
City of Miami Page 3 of 3 File ID: 3913 (Revision:) Printed on: 3/31/2025