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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6649 Date: 10/17/2019 Commission Meeting Date: 11/21/2019 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: All Type: Resolution Subject: Accept Assignment - Keith and Schnars - Surveying and Mapping Services Purpose of Item: The nature of this item is to seek City Commission's approval, for the Acceptance of Assignment and Assumption of Contract for RFQ No. 16-17-027, for the provision of Miscellaneous Surveying and Mapping Services, from Keith and Schnars, P.A. ("Keith") to accept the change in ownership, name, and Federal Employment Identification Number ("FEIN"), authorizing the City Manager to execute an Acceptance of Assignment and Assumption of Contract, in substantially the attached form, with KCI Technologies, Inc. ("KCI"); further authorizing the City Manager to negotiate and execute the agreement and all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: On July 12, 2017, the Department of Procurement ("Procurement") issued RFQ No. 16- 17-027 — Miscellaneous Surveying and Mapping Services, under full and open competition for surveying and mapping services. On August 14, 2017, the RFQ closing date, seven (7) proposals were received in response to the RFQ. Subsequently, the proposals were reviewed by Procurement staff, upon which all proposals were deemed responsive and responsible in accordance with the minimum and submission requirements of the RFQ. On November 9, 2017, the Evaluation Committee completed the evaluation of the proposals and recommended the six (6) top -ranked responsive and responsible Proposers, for award. On March 12, 2018 the Award Recommendation Memorandum was executed by the City Manager. On March 30, 2018 an agreement was executed with Keith for an initial contract term of two (2) years with the option to extend for two (2) additional one (1) year periods. On January 1, 2019, a Confirmatory Bill of Sale and Assignment of Assets was executed between Keith and KCI consisting of a change in ownership, name, and Federal Employment Identification Number ("FEIN"). KCI is now the parent company and sole shareholder and accepts any and all obligations of said contract. On July 1, 2019, Procurement was notified of the Assignment and Assumption Agreement. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements Department of Procurement Department of Risk Management Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney 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 Steven Williamson Annie Perez Ann -Marie Sharpe Yvette Smith Christopher M Rose Sandra Bridgeman Nikolas Pascual Valentin J Alvarez Pablo Velez Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Procurement Review Risk Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Clerk Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 10/20/2019 1:59 PM 10/24/2019 12:19 PM 10/24/2019 5:32 PM 10/31/2019 9:04 PM 11/01/2019 4:22 AM 11/05/2019 3:34 PM 11/05/2019 3:40 PM 11/05/2019 5:56 PM 11/07/2019 12:51 PM 11/07/2019 4:43 PM 11/11/2019 8:31 AM 11/21/2019 9:00 AM 12/03/2019 5:30 PM 12/03/2019 5:39 PM 12/03/2019 5:39 PM City of Miami Legislation Resolution Enactment Number: R-19-0442 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6649 Final Action Date:11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 16-17-027 FOR THE PROVISION OF MISCELLANEOUS SURVEYING AND MAPPING SERVICES FROM KEITH AND SCHNARS, P.A., A FLORIDA PROFIT CORPORATION ("KS"), TO KCI TECHNOLOGIES, INC., A FOREIGN PROFIT CORPORATION FROM DELAWARE REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("KCI"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI ("CITY") PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ALL IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; PROVIDED, HOWEVER, THAT ANY BOND FUNDING SHALL REQUIRE FURTHER CITY COMMISSION APPROVALS. WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager approved the recommendation of award of a contract pursuant to Request for Qualifications ("RFQ") No. 16-17-027 for the provision of Miscellaneous Surveying and Mapping Services from various providers, including Keith and Schnars, P.A., a Florida profit corporation ("KS"), for an initial term of two (2) years with the option to renew for two (2) additional one (1) year periods; and WHEREAS, on March 30, 2018, as a result of said recommendation of award of a contract, a Professional Services Agreement ("Agreement") was executed between the City of Miami ("City") and KS; and WHEREAS, pursuant to Article 10.03 of the Agreement, titled "Successors and Assigns," said "Agreement shall not be transferred, pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through, its City Commission;" and WHEREAS, on or about January 1, 2019, KS entered into a Confirmatory Bill of Sale and Assignment of Assets for an assignment, transference, and conveyance to KCI Technologies, Inc., a foreign profit corporation from Delaware registered to conduct business in Florida ("KCI"), inclusive of the Agreement and pending the City's written consent of the same; and WHEREAS, with said assignment, KCI will assume and accept any and all obligations of said Agreement with the City; 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 assignment and assumption of RFQ Contract No. 16-17-027 for the provision of Miscellaneous Surveying and Mapping Services from KS to KCI is hereby accepted. Section 3. The City Manager is authorized' to execute an Acceptance of Assignment and Assumption of the Contract, in a form acceptable to the City Attorney, for the KS assignment, transference, and conveyance of the Agreement with the City as assumed and accepted by KCI. Section 4. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, in compliance with all applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose; provided, however, that any bond funding shall require further City Commission approvals. Section 5. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 11/11/2019 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.