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HomeMy WebLinkAboutR-23-0286City of Miami Resolution R-23-0286 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13984 Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") FOR REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 16-17-018 FOR THE PROVISION OF MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES FROM DOUGLAS WOOD ASSOCIATES, INC., A FLORIDA PROFIT CORPORATION ("DOUGLAS WOOD"), TO O'DONNELL & NACCARATO, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("O'DONNELL & NACCARATO"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF AGREEMENT WITH O'DONNELL & NACCARATO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE O'DONNELL & NACCARATO THE CORRESPONDING NOTICE TO PROCEED ("NTP"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; 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 OF MIAMI ("CITY") 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, 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 Request for Qualifications ("RFQ") Contract No. 16-17-018 for the provision of Miscellaneous Structural Engineering Services with various qualified providers, including Douglas Wood Associates, Inc., a Florida profit corporation ("Douglas Wood"), for an initial term of two (2) years with the option to renew for two (2) additional one (1) year periods; and WHEREAS, a Professional Services Agreement ("Agreement"), dated April 24, 2018, for the provision of said services was executed between Douglas Wood and the City of Miami ("City"); 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 City of Miami Page 1 of 3 File ID: 13984 (Revision:) Printed On: 7/8/2025 File ID: 13984 Enactment Number: R-23-0286 whole or in part, by the Consultant [in this case, Douglas Wood] without the written consent of the City, acting by and through its City Commission;" and WHEREAS, the City received a letter from Douglas Wood, dated August 9, 2022, requesting said consent to assign, transfer, and convey all contracts to O'Donnell & Naccarato, Inc., a foreign profit corporation authorized to conduct business in Florida ("O'Donnell & Naccarato"); and WHEREAS, on September 29, 2022, O'Donnell & Naccarato acquired Douglas Wood; and WHEREAS, O'Donnell & Naccarato is currently the contracting firm that will be accepting any and all future 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 the Agreement for RFQ Contract No. 16-17-018 for the provision of Miscellaneous Structural Engineering Services from Douglas Wood to O'Donnell & Naccarato, is hereby accepted. Section 3. The City Manager is authorizedI to execute an Acceptance of Assignment and Assumption of Agreement with O'Donnell & Naccarato, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized1 to issue O'Donnell & Naccarato the corresponding notice to proceed ("NTP"), subject to the availability of funds and budgetary approval at the time of need. Section 5. 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 6. This Resolution shall become effective immediately upon its adoption. 1 The authorization herein is further subject to compliance with legal all regulations that may be imposed, including but not limited to, those prescribed by the applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 13984 (Revision:) Printed on: 7/8/2025 File ID: 13984 Enactment Number: R-23-0286 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 13984 (Revision:) Printed on: 7/8/2025