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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17992 Date: 08/11/2025 Commission Meeting Date: 09/11/2025 Type: Resolution Subject: Establish - Hearing Officers Pool Purpose of Item: Requesting Department: Department of Procurement Sponsored By: District Impacted: All The nature of this item is to authorize a Resolution of the Miami City Commission, with attachments, , pursuant to Ordinance No. 13629, approving the City Manager's recommendation to create a Pool of Hearing Officers, attached and incorporated hereto as Exhibit "A," to resolve protests filed under Chapter 18 of the Code of the City of Miami, Florida, as amended ("City Code"); authorizing the City Manager to execute a Professional Services Agreement ("PSA"), in a form acceptable to the City Attorney, with each Hearing Officer; 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, and in 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. Background of Item: The City is seeking to create a pool of Hearing Officers to resolve protests arising under Ordinance No. 13629 and Chapter 18-104 of the City Code. Ordinance No. 13629, adopted on September 8, 2016, amended Chapter 18, Article III, Section 18-104(b) of the City Code, to provide for the adjudication of bid protests and awards, arising under Chapter 18 of the City Code. Furthermore, Ordinance No. 13629 provides for the list of potential Hearing Officers to be pre -approved by the City Commission. The engagement of Hearing Officers is excluded from the procurement ordinance as legal services per Sections 18-72(b)(16) and 18-104 (b)(1) of the Procurement Code. Procurement, on behalf of the Office of the City Attorney ("City Attorney") contacted members of the local legal community to gauge interest in participating in the Hearing Officer Pool. The persons contacted included qualified Attorneys, as well as, current and former City of Miami ("City") Hearing Officers, and Special Masters. Additionally, several Miami -Dade County Hearing Officers were contacted. In response, the City received seven (7) positive affirmations from individuals for inclusion in the Hearing Officer Pool. Due diligence was conducted to determine the eligibility of potential Hearing Officers including Florida Bar status and eligibility to practice Law in Florida. Furthermore, Procurement confirmed the qualifications of each potential Hearing Officer vis-a-vis the qualification requirements of Chapter 18- 104 of the City Code. No performance or compliance issues were found and there were no adverse findings related to any of the potential Hearing Officers' responsibilities. Eligibility reviews will be conducted periodically and prior to the engagement of any Hearing Officers throughout the term of each Hearing Officer's Professional Services Agreement ("PSA"). Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Procurement Office of Management and Budget Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Annie Perez Calvin Fifer Mabel Betancourt Marie Gouin Erica T. Paschal Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Thomas M. Fossler George K. Wysong III Maricarmen Lopez City Clerk's Office Procurement Review Budget Analyst Review Budget Analyst Review Budget Review ACM Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 08/19/2025 4:41 PM Completed 08/22/2025 9:54 AM Skipped 08/19/2025 4:17 PM Completed 08/22/2025 3:32 PM Completed 08/25/2025 1:06 PM Completed 08/25/2025 1:21 PM Completed 08/27/2025 7:03 AM Completed 08/27/2025 3:32 PM Completed 09/02/2025 9:10 AM Completed 09/02/2025 5:07 PM Completed 09/11/2025 9:00 AM Completed 09/18/2025 3:58 PM City of Miami Legislation Resolution Enactment Number: R-25-0332 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17992 Final Action Date:9/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-104(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), APPROVING THE LIST OF HEARING OFFICERS, ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A," TO RESOLVE PROTESTS FILED UNDER CHAPTER 18 OF THE CITY CODE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH HEARING OFFICER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL 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 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, the City of Miami ("City") is seeking to create a pool of Hearing Officers to resolve protests arising under Ordinance No. 13629 and Chapter 18-104 of the Code of the City of Miami, Florida ("City Code"); and WHEREAS, Ordinance No. 13629, adopted on September 8, 2016, amended Chapter 18, Article III, Section 18-104(b) of the City Code, titled "Finance/City of Miami Procurement Ordinance/Resolution of Protested Solicitations and Awards/Authority to Resolve Protests," and Chapter 18, Article V, Section 18-176.3 of the City Code, titled "Finance/Sale or Lease of City's Real Property/Procedures for Resolution of Protested Unified Development Proposals ("UDP's") and Awards," to provide for the adjudication of bid protests and awards, arising under Chapter 18 of the City Code, through Hearing Officers; and WHEREAS, Ordinance No. 13629 provides for the list of potential Hearing Officers to be pre -approved by the City Commission, and the engagement of Hearing Officers is excluded from the procurement ordinance as legal services per Sections 18-72(b)(16) and 18-104(b)(1) of the Procurement Code; and WHEREAS, the Department of Procurement ("Procurement"), on behalf of the Office of the City Attorney ("City Attorney") contacted members of the local legal community to gauge interest in participating in the Hearing Officer Pool. In response, the City received seven (7) positive affirmations from individuals for inclusion in the Hearing Officer pool; and WHEREAS, due diligence was conducted to determine the eligibility of the potential Hearing Officers including Florida Bar status and eligibility to practice Law in Florida. Furthermore, Procurement confirmed the qualifications of each potential Hearing Officer vis-a- vis the qualification requirements of Chapter 18-104 of the City Code; 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. Pursuant to Section 18-104(b) of the City Code, the list of Hearing Officers, attached and incorporated hereto as Exhibit "A," to resolve protests filed pursuant to Chapter 18 of the City Code, is approved. Section 3. The City Manager is hereby authorized1 to negotiate and execute agreements, in a form acceptable to the City Attorney, with each Hearing Officer. Section 4. The City Manager is further authorized1 to negotiate and execute any and all documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and 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, 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: rge ng III, C ty ttor -y 9/2/2025 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.