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HomeMy WebLinkAboutR-18-0086City of Miami Legislation Resolution: R-18-0086 File Number: 3575 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/8/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS OF SAID COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI FOR THE PROVISION OF MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD BY THE GREATER MIAMI SERVICE CORPS; ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 13000.201000.534000.0; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B," IN SUBSTANTIALLY THE ATTACHED FORM, TO BE EFFECTIVE APRIL 1, 2018 THROUGH MARCH 31, 2019, FOR AN ANNUAL AMOUNT NOT TO EXCEED $174,000.00 WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW WITHOUT RETURNING TO CITY COMMISSION ANNUALLY FOR RATIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, the City Manager has determined that it is not practicable and advantageous to the City of Miami ("City") to adhere to competitive sealed bidding methods for the provision of maintenance and beautification of Martin Luther King Boulevard ("MLK Boulevard") and seeks a waiver of such requirements; and WHEREAS, the Greater Miami Service Corps., a Florida not for profit corporation ("GMSC"), was established in 1990 and its mission is "to transform the lives of young people through education and service activities that improve our communities and strengthen our local workforce;" and WHEREAS, GMSC's program model uses service as a strategy to connect young people in Miami -Dade County to education and meaningful work experience opportunities while at the same time providing cost effective services that improve our community and create tax- payers instead of tax -dependents; and WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has waived competitive sealed bidding methods via a written finding with reasons supporting his conclusion therein, which is attached hereto and incorporated herein as Exhibit "A;" and City of Miami Page 1 of 3 File ID: 3575 (Revision:) Printed On: 5/29/2018 File ID: 3575 Enactment Number: R-18-0086 WHEREAS, the City Manager's finding must be ratified, confirmed, and approved by the City Commission by a four-fifths (4/5ths) affirmative vote during an advertised public hearing; and WHEREAS, the disbursement by the City of any amount of funds is subject, as a condition precedent, to the negotiation and execution of a Professional Services Agreement ("PSA"), in substantially the form attached as Exhibit "B;" and WHEREAS, the City Manager requests authorization to execute the PSA effective April 1, 2018 through March 31, 2019, for an annual amount not to exceed $174,000.00 with three (3) additional one (1) year options to renew not to exceed $174,000.00 annually without the need of returning to City Commission annually for ratification; and WHEREAS, the City Manager requests further authorization to negotiate the cost of and execute any and all other documents, including any amendments, renewals, extensions, and modifications to the PSA, in a form acceptable to the City Attorney, as may be necessary for said purpose; and WHEREAS, if the required PSA is not agreed upon and executed within ninety (90) days of the rendition of this Resolution, this matter will be brought back to the City Commission for further action; 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 herein as if fully set forth in this Section. Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A," that competitive sealed bidding methods and procedures are not practicable or advantageous, pursuant to Section 18-85(a) of the City Code, and waiving the requirements of said procedures, for the provision of maintenance and beautification of MLK Boulevard and the award of said services to GMSC for the period of April 1, 2018 through March 31, 2019, with three (3) additional one (1) year options to renew, is ratified, approved, and confirmed. Section 3. Funds in an annual amount not to exceed One Hundred Seventy -Four Thousand Dollars ($174,000.00) are allocated from Special Revenue Account No. 13000.201000.534000.0.0, Project Number 20-650003. Section 4. The City Manager is authorized' to negotiate and execute a PSA, in substantially the form attached as Exhibit "B." Section 5. The City Manager is further authorized' to negotiate the cost of and execute any and all other documents including amendments, extensions, and modifications to the PSA in a form acceptable to the City Attorney, as may be necessary for said purpose. ' 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. City of Miami Page 2 of 3 File ID: 3575 (Revision:) Printed on: 5/29/2018 File ID: 3575 Enactment Number: R-18-0086 Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ndez, ity ttor ey 2/27/2018 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. City of Miami Page 3 of 3 File ID: 3575 (Revision:) Printed on: 5/29/2018