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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #9119 Resolution Sponsored by: Commissioner Jeffrey Watson A RESOLUTION OF THE MIAMI COMMISSION, APPROVING AND AUTHORIZING THE WAIVER OF THE CITY OF MIAMI'S ("CITY") INDEMNIFICATION IN THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH HOLLAND & KNIGHT LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("H&K"), FOR ENGAGEMENT OF MR. MIGUEL DE GRANDY FOR THE PROVISION OF REDISTRICTING SERVICES FOR THE CITY AS APPROVED BY THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT BETWEEN THE CITY AND H&K, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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. City of Miami Legislation Resolution Enactment Number: R-21-0230 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9119 Final Action Date:6/10/2021 A RESOLUTION OF THE MIAMI COMMISSION, APPROVING AND AUTHORIZING THE WAIVER OF THE CITY OF MIAMI'S ("CITY") INDEMNIFICATION IN THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH HOLLAND & KNIGHT LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("H&K"), FOR ENGAGEMENT OF MR. MIGUEL DE GRANDY FOR THE PROVISION OF REDISTRICTING SERVICES FOR THE CITY AS APPROVED BY THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT BETWEEN THE CITY AND H&K, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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, on February 25, 2021, pursuant to Resolution No. R-21-0053, the City Commission, by a four -fifths (4/5ths) affirmative vote, approved the City Manager's recommendation and written finding pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") for the provision of redistricting services by Holland & Knight LLP, a Florida limited liability partnership ("H&K"), and the engagement of Mr. Miguel de Grandy ("Consultant") for the flat fee of One Hundred Thousand Dollars ($100,000.00) to assist with the City's redistricting efforts; and WHEREAS, during the City's negotiation of the Professional Services Agreement ("Agreement"), the Consultant requested substantial changes to the City's indemnification provision which had previously been approved by the City Commission; thereby, requiring approval and authorization of a waiver of the City's indemnification and of the Consultant's duty to indemnify the City or otherwise defend the City at the Consultant's own cost for any lawsuit filed by a third party challenging the resultant Redistricting Plan the City adopts; and WHEREAS, said waiver of the City's indemnification must be approved and authorized by the City Commission; 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 fully set forth in this Section. Section 2. The waiver of the City's indemnification in the Agreement with H&K for engagement of the Consultant for the provision of redistricting services for the City is hereby approved and authorized. Section 3. The City Manager is authorized' to negotiate and execute the Agreement between the City and the Consultant without the indemnification provision, in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized' to negotiate and execute any and all 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 5. This Resolution shall become effective Immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: nd" ez, City Httor ey 6/11/2021 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.