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HomeMy WebLinkAboutR-21-0102City of Miami Resolution R-21-0102 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8480 Final Action Date: 3/11/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, RETROACTIVELY APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY") IN THE SELECTION OF DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION, FOR THE EMERGENCY REPAIRS OF THE BRICKELL AVENUE STORMWATER PUMP STATION'S FORTY-EIGHT INCH (48") DIP OUTFALL PIPE, INCLUSIVE OF THE INVESTIGATION, EVALUATION, REPAIR, AND RE -CERTIFICATION OF THE THREE (3) CORRESPONDING DEEP INJECTION WELLS AND CORRESPONDING CASINGS FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR THE AMOUNT OF TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, 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, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, emergency repairs were required for the Brickell Avenue Stormwater Pump Station's forty-eight inch (48") DIP outfall pipe, inclusive of the investigation, evaluation, repair, and re -certification of the three (3) corresponding deep injection wells and corresponding casings ("Services") for the City of Miami's ("City") Department of Resilience and Public Works ("Public Works"); and WHEREAS, the City's Department of Procurement ("Procurement") issued Invitation for Quotation ("IFQ") No. 1262390 to obtain competitive pricing as well as the best solution available for the Services; and WHEREAS, the IFQ pricing received exceeded the threshold for this informal solicitation method; and City of Miami Page 1 of 2 File ID: 8480 (Revision:) Printed On: 5/16/2025 File ID: 8480 Enactment Number: R-21-0102 WHEREAS, due to the notice of violation from the Miami -Dade County Department of Economic Resources Division of Environmental Management ("DERM"), which imposed penalties of Five Hundred Dollars ($500.00) per day for each and every day the pump remained unrepaired and the civil penalties of Twenty Five Thousand Dollars ($25,000.00), Procurement's issuance of the required formal competitive solicitation method was not possible; and WHEREAS, for the stated reasons, Public Works quickly needed the Services in the amount of Two Hundred Sixty Thousand Dollars ($260,000.00) from David Mancini and Sons, Inc., a Florida profit corporation ("David Mancini"), to prevent the possibility of severe flooding and claims against the City by the surrounding residents and businesses; and WHEREAS, the Director of Public Works submitted to the Chief Procurement Officer and the City Manager the full explanation of the emergency in writing; and WHEREAS, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager retroactively approved the emergency finding, attached and incorporated as Exhibit "A", waiving competitively sealed bidding procedures as not being advantageous or practicable for the City for provision of the emergency Services; 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 emergency finding, attached and incorporated as Exhibit "A," pursuant to Section 18-90 of the City Code, waiving competitive sealed bidding procedures as not being advantageous or practicable for the City in the selection of David Mancini for the Services for the amount of Two Hundred Sixty Thousand Dollars ($260,000.00) is hereby ratified, retroactively approved, and confirmed. Section 3. The City Manager is authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, 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, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: "ndez, City tor 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 8480 (Revision:) Printed on: 5/16/2025