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Home My WebLink AboutR-18-0185City of Miami Resolution R-18-0185 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3867 Final Action Date: 5/10/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING AND CONFIRMING, AFTER A PROPERLY ADVERTISED PUBLIC HEARING, 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 ("CITY") FACILITIES AS OUTLINED IN EXHIBIT "A" OF THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED, FINDING IT IS MOST ADVANTAGEOUS FOR THE CITY TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 255.20(1)(C)(1), FLORIDA STATUTES, AND ALL REQUIREMENTS OF SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); AUTHORIZING THE CITY MANAGER TO APPROVE AND UTILIZE RESPONSIBLE CONSTRUCTION CONTRACTORS DUE TO EXIGENCY OR EMERGENCY CIRCUMSTANCES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH CONSTRUCTION CONTRACTOR FOR THE REPAIRS OF THE CITY FACILITIES LISTED IN EXHIBIT "A," FOR A PERIOD NOT TO EXCEED THE COMPLETION OF EACH REPAIR. WHEREAS, on September 9 and 10, 2017, Hurricane Irma ("Irma") made landfall in 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 as outlined in Exhibit "A" of this Resolution, attached and incorporated; and WHEREAS, On December 14, 2017, through Resolution No. 17-0618, the Miami City Commission, by a four -fifths (4/5ths) affirmative vote, approved and confirmed the City Manager's emergency finding, as agency head, that Irma caused a valid public emergency to various City facilities managed by the Department of Real Estate and Asset Management ("DREAM"), as outlined in the City Manager's finding at the time, and waived the competitive sealed procurement procedures and qualifications process pursuant to Section 287.055(3)(a)(1), Florida Statutes, entitled Consultants' Competitive Negotiations Act ("CCNA") for architectural and engineering ("A&E") services for the repair of facilities identified in Resolution No. 17-0618; and WHEREAS, on April 26, 2018, by separate Resolution, the City Commission approved and confirmed the City Manager's additional emergency finding, as agency head, that Irma caused a valid public emergency to additional City facilities, as identified in Resolution No. 18- 0168, and waived the competitive sealed procurement procedures and qualifications process pursuant to the CCNA, and all requirements of Section 18-87 for A&E services, for the repair of the additional facilities; and City of Miami Page 1 of 3 File ID: 3867 (Revision:) Printed On: 3/31/2025 File ID: 3867 Enactment Number: R-18-0185 WHEREAS, Section 18-120 of the City Code is not applicable as these construction projects will not be competitively solicited; and WHEREAS, the facilities listed in Exhibit "A" of this Resolution, attached and incorporated, which includes the City -owned properties listed in Resolution No. 17-0618 and Resolution No. 18-0168, require immediate repair; and WHEREAS, the procurement process outlined in Section 255.20, Florida Statutes, for public construction works can take up to six (6) months; and WHEREAS, it is not feasible to delay the repair process as the damage to these facilities poses a public safety issue and, in many cases, a loss of revenue to the City; and WHEREAS, Section 255.20(1)(c)(1), Florida Statutes, entitled "Local bids and contracts for public construction works; specification of state -produced lumber," states that competitive sealed bidding procedures are not required "if the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates an immediate danger to the public health or safety, other loss to public or private property which requires emergency government action, or an interruption of an essential governmental service;" and WHEREAS, pursuant to the City Manager's emergency finding, as agency head, attached and incorporated as Attachment "A," which finds that Irma has caused a valid public emergency to City facilities listed in Exhibit "A" of the City Manager's emergency finding, it is most advantageous for the City to waive the competitive sealed bidding procedures pursuant to Section 255.20(1)(c)(1), Florida Statutes, as the extensive damage caused by Irma to City facilities constitutes an immediate danger to the public health, welfare, or safety; and WHEREAS, the City Manager's emergency finding, as agency head, that a valid emergency exists under Section 18-89 of the Code of the City of Miami, Florida, as amended ("City Code") is also approved, confirmed, and ratified for purposes of waiving competitive bidding under the City's Procurement Ordinance by a four -fifths (4/5ths) affirmative vote of the City Commission; and WHEREAS, the City intends to utilize construction contractors that are responsible, can meet minimum qualifications, can provide bonding, can meet the City's insurance requirements, are capable of high quality performance under exigency or emergency circumstances, and have performed and successfully completed City or other governmental construction projects; 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 a properly advertised public hearing, the City Manager's emergency finding, as the agency head, that Irma has caused a valid public emergency to City facilities as outlined in Exhibit "A" of the City Manager's finding, attached and incorporated, waiving the competitive sealed bidding procedures pursuant to Section 255.20(1)(c)(1), Florida Statutes and all requirements of Section 18-89 of the City Code is ratified, approved, and confirmed. City of Miami Page 2 of 3 File ID: 3867 (Revision:) Printed on: 3/31/2025 File ID: 3867 Enactment Number: R-18-0185 Section 3. The City Manager is authorized1 to approve and utilize responsible construction contractors due to the exigency or emergency circumstances. Section 4. The City Manager is further authorized' to enter into a contract, in a form acceptable to the City Attorney, with each construction contractor for the repairs listed in Exhibit "A" of the City Manager's finding for a period not to exceed the completion of each repair. 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 4/30/2018 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. City of Miami Page 3 of 3 File ID: 3867 (Revision:) Printed on: 3/31/2025