HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #3343
Date: 11/30/2017 Requesting Department: Office of Capital
Improvements
Commission Meeting Date: 12/14/2017 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Waiver - Consultants Competitive Negotiations Act
Purpose of Item:
The nature of this item is to authorize a resolution of the City of Miami ("City")
Commission, waiving competitive sealed bidding procedures and the qualifications
process, pursuant to the Consultants' Competitive Negotiations Act (CCNA), Florida
Statute 287.055 3(a)1, for emergency services post Hurricane Irma. This resolution will
expedite the procurement process for architectural and engineering ("A&E") and
construction services, for the repair of City facilities impacted by Hurricane Irma, as
outlined in Exhibit "A", and allow the City to utilize A&E Consultants that are currently
under contract with the City, for a period not to exceed the completion of the repair(s).
Background of Item:
On September 9th and 10th, 2017, Hurricane Irma ("Irma") hit the City of Miami ("City")
as a strong Category 1, leaving a trail of destruction and debris throughout the City, and
extensively damaging numerous City facilities, outlined in Exhibit "A". The nature and
use of these facilities require immediate repair, including architectural and engineering
("A&E") services. However, the procurement process outlined in Florida Statute (F.S.)
287.055, known as the Consultants' Competitive Negotiations Act ("CCNA") for A&E
services, can take six (6) to nine (9) months, delaying the repair of these City facilities in
dire need. Such delay is not in the best interest of the City and its constituents, as the
damage to these facilities pose a public safety issue, including threats to health, life,
and safety, and in many cases, a loss of revenue to the City.
F.S. 287.055, CCNA, does however permit exemptions to these requirements in
emergency situations, as stated in Section 3(a)1 entitled "Public Announcement and
Qualifications Procedures". Therefore, pursuant to the City Manager's emergency
finding, certifying that Irma has caused a valid public emergency to City facilities listed
in Exhibit "A", it is most advantageous for the City to waive the competitive sealed
bidding procedures and qualifications process pursuant to F.S. 287.055, 3(a)1 of CCNA,
for the provision of emergency A&E services post Hurricane Irma.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
Office of Capital Improvements
Jeovanny Rodriguez
Real Estate and Asset Management Aldo Bustamante
Department of Procurement
Lydia Osborne
Office of Management and Budget
Yvette Smith
Office of Management and Budget
Christopher M Rose
City Manager's Office
Alberto N. Parjus
Office of the City Attorney
Valentin J Alvarez
City Manager's Office
Daniel J. Alfonso
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Department Head Review
Completed
Department Head Review
Completed
Procurement Review
Completed
Budget Analyst Review
Completed
Budget Review
Completed
Assistant City Manager Review
Completed
Legislative Division Review
Completed
City Manager Review
Completed
Deputy City Attorney Review
Skipped
Approved Form and Correctness
Completed
Meeting
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
12/01/2017 9:44 AM
12/01/2017 11:18 AM
12/01/2017 11:20 AM
12/04/2017 9:01 PM
12/04/2017 9:58 PM
12/05/2017 9:50 AM
12/05/2017 3:32 PM
12/05/2017 6:15 PM
12/05/2017 3:33 PM
12/05/2017 6:25 PM
12/14/2017 9:00 AM
12/22/2017 12:23 PM
12/22/2017 12:57 PM
12/22/2017 12:57 PM
o City of Miami City Hall
* IMLALI 81 LIIO
'® 9L Legislation 3500 Pan American Drive
Miami, FL 33133
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Resolution
Enactment Number: R-17-0618
File Number: 3343 Final Action Date:12/14/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR-FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING, AND CONFIRMING THE
CITY MANAGER'S EMERGENCY FINDING, AS AGENCY HEAD, ATTACHED AND
INCORPORATED AS ATTACHMENT "A," THAT HURRICANE IRMA HAS CAUSED A
VALID PUBLIC EMERGENCY TO CITY OF MIAMI FACILITIES AS OUTLINED IN
EXHIBIT "A" OF THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND
INCORPORATED, AND THEREFORE, IT IS MOST ADVANTAGEOUS FOR THE CITY
OF MIAMI ("CITY") TO WAIVE THE COMPETITIVE SEALED PROCUREMENT
PROCEDURES AND QUALIFICATIONS PROCESS PURSUANT TO SECTION
287.055(3)(A)1, FLORIDA STATUTES, AUTHORIZING THE CITY MANAGER TO
UTILIZE ARCHITECTURAL, ENGINEERING AND LANDSCAPE ARCHITECTURE
("A&E') CONSULTANTS CURRENTLY UNDER CONTRACT.
WHEREAS, on September 9, 2017 and September 10, 2017, Hurricane Irma ("Irma") hit
the City of Miami ("City") as a strong Category 1 hurricane, leaving a trail of destruction and
debris throughout the City, and extensively damaging numerous City facilities; and
WHEREAS, the damaged City facilities require immediate repair, including architectural
and engineering services; and
WHEREAS, the procurement process outlined in Section 287.055, Florida Statutes,
known as the Consultants' Competitive Negotiations Act ("CCNA") for professional architectural,
engineering, and landscape architectural ("A&E") services, can take six (6) to nine (9) months,
and it is not feasible to delay the repair process, as the damage to these facilities pose a public
safety issue; and in many cases, a loss of revenue to the City; and
WHEREAS, Section 287.055(3)(x)(1), entitled "Public Announcement and Qualifications
Procedures," states that the above process must be followed "except in cases of valid public
emergencies certified by the agency head"; and
WHEREAS, pursuant to the City Manager's emergency finding, as agency head,
attached and incorporated as Attachment "A," finds that Irma has caused a valid public
emergency to City facilities and therefore it is most advantageous for the City to waive the
competitive sealed procurement procedures and qualifications process pursuant to Section
287.055(3)(a)(1), Florida Statutes for the provision of A&E services for City facilities listed in
Exhibit "A" of the City Manager's emergency finding, attached and incorporated; and
WHEREAS, the City intends to utilize A&E consultants that are currently under contract
with the City for the professional A & E services related to the repair of the City facilities listed in
Exhibit "A" of the City Manager's emergency finding, attached and incorporated, which facilities
were damaged by Hurricane Irma for a period not to exceed the completion of each repair;
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 (4/5) affirmative vote, approving and confirming the City
Manager's emergency finding, as agency head, attached and incorporated as Attachment "A,"
that Hurricane Irma has caused a valid public emergency to City facilities outlined in Exhibit "A"
of the City Manager's finding, attached and incorporated, and therefore, it is most advantageous
for the City to waive the competitive sealed procurement procedures and qualifications process
pursuant to Section 287.055(3)(x)(1), Florida Statutes.
Section 3. The City Manager is authorized' to utilize A&E Consultants currently under
contract for the repair of the City facilities listed in Exhibit "A" of the City Manager's emergency
finding, attached and incorporated, for a period not to exceed the completion of each repair.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 12/5/2017
' 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.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.