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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13605 Date: 03/02/2023 Commission Meeting Date: 04/27/2023 Requesting Department: Department of Building Sponsored By: District Impacted: District 1 Type: Resolution Subject: Emergency Ratification - 5050 Building Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission, by a four -fifths (4/5) affirmative vote, ratifying, confirming and approving the City Manager's emergency finding, that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedures pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended, ("City Code") and retroactively approving the selection of Built to Last Construction Services Corp., ("Built to Last Construction"), F.P.G. Wholesale, Inc., dba F.P.G. Home Design Center, ("F.P.G."), and 0 V Doors Corp., ("OV Doors"), for expenses incurred during the evacuation of all the residents from 5050 NW 7 Street, Miami, Florida, 33126, ("5050 Building") for an approximate amount of $120,000.00. Subject to all allocations, appropriations, and budgetary approvals having been previously made, 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 all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: On August 9, 2021 the City of Miami's Building Department ("Building Department") ordered that the 5050 Building be vacated due to unsafe conditions as defined in Section 8.5 of the Code of Miami -Dade County and Section 10-101 of the Code of the City of Miami, as this posed a public emergency and a threat to the health, life, welfare and safety of the City residents who resided in this property. While evacuating the building several residents refused to leave and the City was forced to breach each door to verify occupancy. The Building Department is requesting retroactive approval for the emergency expenses incurred to secure the 5050 Building in order to keep the evacuated residents from reentering and to secure the condemned building. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: in an amount approximately $120,000.00 City Manager's Office Office of Management and Budget Office of Management and Budget Department of Procurement City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Asael Marrero Fred Pericles Marie Gouin Annie Perez Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Thomas M. Fossler Victoria Mendez Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Procurement Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Completed 03/27/2023 4:37 PM Completed 03/29/2023 5:14 PM Completed 03/31/2023 2:48 PM Completed 04/04/2023 4:48 PM Completed 04/10/2023 10:49 AM Completed 04/11/2023 11:10 AM Completed 04/11/2023 11:18 AM Completed 04/17/2023 7:32 PM Completed 04/18/2023 12:24 PM Completed 04/27/2023 9:00 AM Completed 05/04/2023 4:04 PM City of Miami Legislation Resolution Enactment Number: R-23-0196 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13605 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, 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 THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); RETROACTIVELY APPROVING THE SELECTION OF BUILT TO LAST CONSTRUCTION SERVICES CORP. ("BUILT TO LAST CONSTRUCTION"), F.P.G. WHOLESALE, INC., DBA F.P.G. HOME DESIGN CENTER ("F.P.G."), AND 0 V DOORS CORP. ("OV DOORS"), FOR EXPENSES INCURRED DURING THE EVACUATION OF ALL THE RESIDENTS FROM 5050 NORTHWEST 7TH STREET, MIAMI, FLORIDA ("5050 BUILDING") FOR AN ESTIMATED EXPENDITURE AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, ADDITIONS OF RELATED EQUIPMENT, OR SERVICES FOR THE 5050 BUILDING, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH 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 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. WHEREAS, Building Department ("Building") had a need to vacate the building located at 5050 Northwest 7th Street, Miami, Florida ("5050 Building") as this building posed a public emergency such as threats to health, life, welfare, and safety; and WHEREAS, while evacuating the 5050 Building, several residents remained inside Building was required to breach the doors to verify occupancy; and WHEREAS, Building was required to replace one -hundred and thirty-eight (138) locks, and thirty-five (35) doors; and WHEREAS, Building was required to evacuate residents and secure the condemned building; and WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), retroactively approved an emergency purchase for procurement of services from Built to Last Construction Services Corp. (Built to Last Construction"), F.PG. Wholesale, Inc., dba F.P.G. Home Design Center ("F.P.G."), and 0 V Doors Corp. ("OV Doors") for the emergency repairs at the 5050 Building; 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, pursuant to Section 18-90 of the City Code, the City Manager's recommendation and written finding, attached and incorporated as Exhibit "A," are retroactively ratified, confirmed, and approved; the requirements for competitive sealed bidding procedures are waived; and the emergency selection of Built to Last Construction, F.P.G., and OV Doors, for an approximate amount of $120,000.00 for expenses incurred during the evacuation of all the residents from the 5050 Building is approved. Section 3. The City Manager is authorized' to negotiate and execute any and all documents, including any amendments, modifications, additions of related equipment or services for 5050 Building, subject to all allocations, appropriations, prior budgetary approvals, and compliance with applicable provisions of the 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 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: 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.