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HomeMy WebLinkAboutLegislation-SUB..Title THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; RETROACTIVELY APPROVING THE SELECTION JMP GROUP LLC, ("JMP GROUP") FOR THE PROVISION OF LITTER WASTE COLLECTION SERVICES (CITYWIDE) FOR AN APPROXIMATE ESTIMATED AMOUNT OF $1,668,092.20; FOR THE DEPARTMENT OF SOLID WASTE ("SOLID WASTE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS AND ADDITION OF SERVICES TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") ATTACHED AND INCORPORATED AS EXHIBIT "B", SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, 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. o ..Body i_ cs a� e BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: c? WHEREAS, the Department of Solid Waste ("Solid Waste") has a need for the `provi n of litter waste collection services (Citywide) in response to the environmental and heajlth challenges the City faces on a daily basis due to, Florida weather conditions such as hurricanes, tropical storms, King Tide and rain events, etc. that threaten and impact the environment and quality of life of the residents we serve. Litter waste collection services will serve the needs of our resident's population by promoting health and safety, aesthetic appeal, and tourism, and property values, while promoting the need to meet the NPDES National Pollutant Discharge state requirements; and WHEREAS, an emergency procurement was deemed necessary for the provision of litter waste collection services; and WHEREAS, the City entered into a Professional Services Agreement ("PSA") with JMP Group for the provision of litter waste collection services attached and incorporated as Exhibit "B' and WHEREAS, JMP Group will continue provide litter waste collection services until the Agreement is terminated or a competitive solicitation is issued, evaluated and awarded; and WHEREAS, the City Manager, pursuant to Section 18-90 of the City Code, retroactively approved an emergency finding, waiving competitively sealed bidding procedures for this emergency. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 17812 Legislative -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 of Miami Code, as amended, the City Manager's emergency findings, 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 JMP Group for the provision of litter waste collection services from JMP Group is approved. Section 3. Authorizing the City Manager to negotiate and execute any and all documents, including any amendments, modifications or addition of services to the attached and incorporated PSA Exhibit "B", subject to all allocations, appropriations and budgetary approvals having previously made, 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. {1} Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: GEORGE K. WYSONG III CITY ATTORNEY .. Footnote {1} This resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. {2} 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 Code provisions. City of Miami Legislation Resolution File Number: 17812 SUBSTITUTED City Hall 3500 Pan American Dri Miami, FL 33133 www.miamigov.c Final Actio ' ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT . ), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENC ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED B AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE RETROACTIVELY APPROVING THE SELECTION OF JMP G ("CONTRACTOR") FOR THE PROVISION OF LITTER WAS SERVICES (CITYWIDE) ("SERVICES") FOR AN APPROX $1,668,092.20 FOR FY24-25 AND $1,292,000.00 FOR F AUTHORIZING THE CITY MANAGER TO EXECUTE T SUBSTANTIALLY THE FORM ATTACHED HERETO CONTRACTOR FOR THE PROVISION OF THE S AUTHORIZING THE CITY MANAGER TO NEG DOCUMENTS, INCLUDING ANY AMENDME EXTENSIONS, ALL IN FORMS ACCEPTAB TO ALL ALLOCATIONS, APPROPRIATIO HAVING BEEN PREVIOUSLY MADE, C PROVISIONS OF THE CITY CODE, I PROCUREMENT ORDINANCE, AN INTEGRITY PRINCIPLES, ALL AS CODE, AND IN COMPLIANCE REGULATIONS, AS MAY BE FINDINGS, CTION 18-90 ITY CODE"); ING METHODS ITY OF MIAMI; UP LLC, COLLECTION ATE AMOUNT OF 5-26; RETROACTIVELY E AGREEMENT, IN S EXHIBIT "B," WITH VICES; FURTHER IATE AND EXECUTE ALL OTHER , MODIFICATIONS, AND TO THE CITY ATTORNEY, SUBJECT , AND BUDGETARY APPROVALS PLIANCE WITH APPLICABLE LUDING, THE CITY OF MIAMI'S -DEFICIENCY ACT, AND FINANCIAL ET FORTH IN CHAPTER 18 OF THE CITY H ALL APPLICABLE LAWS, RULES AND EMED NECESSARY FOR SAID PURPOSE. WHEREAS, the Depa ► ent of Solid Waste ("Solid Waste") has a need for the provision of litter waste collection se es (Citywide) ("Services") in response to the environmental and health challenges the Ci aces on a daily basis due to, Florida weather conditions such as hurricanes, tropical stors, King Tide and rain events that threaten the environment and quality of life of City of Miami -sidents; and WHEREA', Litter waste collection services will serve the needs of City residents by promoting heal and safety, aesthetic appeal, and tourism, and property values, while promoting th - eed to meet the NPDES National Pollutant Discharge state requirements; and W REAS, the City Manager pursuant to Section 18-90 of the Code of the City of Miami, ' orida, as amended ("City Code"), made a written finding, attached and incorporated as Exhib' "A" ("City Manager's Findings"), that an emergency exists and approved an emergency pur• ase request by Solid Waste of the Services from Contractor to prevent further harm to City p - perty and residents; and WHEREAS, JMP Group LLC ("Contractor") has offered to provide the Services on an ongoing basis for the duration of the emergency at the rates specified in the agreement SUBSTITUTED attached and incorporated as Exhibit "B" ("Agreement") until terminated or a competitive solicitation is issued, evaluated and awarded; and WHEREAS, the City Commission desires to ratify, confirm, and approve, the City Manager's Findings and retroactively authorize the City Manager to execute the Agreement Contractor to protect the life, health, welfare and convenience of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MI FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Re • lution 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 Seon 18-90 of the City Code, the City Manager's Findings are hereby ratified, confirmed and ap- oved, the requirements for competitive sealed bidding procedures are waived, a the selection of Contractor for the emergency purchase of the Services for an appro ' ate amount of $1,668,092.20 for Fiscal Year 2024-2025 and $1,292,000.00 for F' al Year 2025-2026 is approved. Section 3. The City Manager is retroactively authori substantially the form attached hereto as Exhibit "B," with Services. to execute the Agreement, in ntractor for the provision of the Section 4. The City Manager is further auth• ed1 to negotiate and execute all other documents, including any amendments, modificati' s, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, ap ' opriations, prior budgetary approvals, and compliance with applicable provisions of the C' Code, including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financi Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable t' the City Attorney, and in compliance with all applicable laws, rules, and regulations, may be deemed necessary for said purpose. Section 5. This Resolution s ' - II become effective immediately upon its adoption. APPROVED AS TO FORM AN P ' ORRECTNESS: ge Wy ng II Cty -ttor •y 11/7/2025 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.