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Date: 04/02/2018
AGENDA ITEM SUMMARY FORM
File ID: #3913
Commission Meeting Date: 04/26/2018
Type: Resolution
Requesting Department: Department of
Procurement
Sponsored By:
District Impacted: All
Subject: Waive Public Announcement and Qualification Procudures - Emergency Services
Post Hurricane Irma
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, and all requirements of Section 18-87, City Code, for emergency
services post Hurricane Irma. This resolution will expedite the procurement process for
architectural and engineering ("A&E") services, for the repair of City facilities impacted
by Hurricane Irma, as outlined in Revised 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 December 14, 2017, through Resolution No. 17-0618, the Miami City Commission
by a four-fifths (4/5) affirmative vote, approved and confirmed the City Manager's
emergency finding, as agency head, that Hurricane Irma ("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. The City facilities listed in Exhibit "A" only
reflected properties managed by the Department of Real Estate and Asset
Management. There are additional City facilities that were damaged by Irma and are
hereby listed in Revised Exhibit "A".
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 ("CCNX) 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 Revised 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, and all requirements of Section 18-87, City Code, for the provision of emergency
A&E services post Hurricane Irma.
Budget Impact Analysis
Item is an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
N/A
Reviewed By
Department of Procurement Annie Perez
Office of Management and Budget Christopher M Rose
City Manager's Office
Fernando Casamayor
City Manager's Office
Nzeribe Ihekwaba
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
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
04/02/2018 3:51 PM
Budget Review
Completed
04/03/2018 4:18 AM
Assistant City Manager Review
Completed
04/11/2018 6:59 AM
City Manager Review
Completed
04/12/2018 3:51 PM
Legislative Division Review
Completed
04/13/2018 11:29 AM
Deputy City Attorney Review
Skipped
04/12/2018 7:14 PM
Approved Form and Correctness
Completed
04/16/2018 10:12 AM
Meeting
Completed
04/26/2018 9:00 AM
Signed by the Mayor
Completed
05/01/2018 5:02 PM
Signed and Attested by the City Clerk
Completed
05/01/2018 5:13 PM
Rendered
Completed
05/01/2018 5:13 PM
File Number: 3913
City of Miami
Legislation
Resolution
Enactment Number: R-18-0168
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:4/26/2018
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 THE 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 ADDITIONAL 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, AND ALL
REQUIREMENTS OF SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO UTILIZE
ARCHITECTURAL, ENGINEERING AND LANDSCAPE ARCHITECTURE ("A&E")
CONSULTANTS CURRENTLY UNDER CONTRACT, FOR A PERIOD NOT TO
EXCEED THE COMPLETION OF THE REPAIR(S), DUE TO EXIGENCY OR
EMERGENCY CIRCUMSTANCES.
WHEREAS, on September 9, 2017 and September 10, 2017, Hurricane Irma ("Irma") hit
the City of Miami ("City") as a strong Category 1 storm, leaving a trail of destruction and debris
throughout the City, and extensively damaging numerous City facilities, which require immediate
repair, including architectural and engineering services; and
WHEREAS, on December 14, 2017, the City Commission, by a four-fifths (4/5ths) vote,
adopted Resolution No. 17-0618, that approved and confirmed the City Manager's finding, as
agency head, that Hurricane Irma caused a valid public emergency to various City owned
facilities, waived competitive sealed procurement procedures and qualifications process
pursuant to Section 287.055(3)(a)(1), Florida Statutes, and authorized the City Manager to
utilize Architectural, Engineering and Landscape Architecture ("A&E") consultants currently
under contract with the City for the repair of the City Facilities listed at that time in Exhibit "A" of
the City Manager's finding; and
WHEREAS, the City facilities listed in Exhibit "A" of the City Manager's finding pursuant
to the above referenced Resolution only reflected properties managed by the Department of
Real Estate and Asset Management ("DREAM") and did not list additional City facilities that
were damaged by Irma; and
WHEREAS, the City Manager as made a separate and distinct finding, as agency head,
that Hurricane Irma caused a valid public emergency to additional City owned facilities, as listed
in Exhibit 'A" attached and incorporated; and
WHEREAS, the procurement process outlined in Section 287.055, Florida Statutes,
known as the Consultants' Competitive Negotiations Act ("CCNA") for architectural and
engineering ("A&E") services, can take six (6) to nine (9) months to complete, 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), Florida Statutes, entitled "Public Announcement
and Qualifications Procedures," states "except in cases of valid public emergencies certified by
the agency head"; and
WHEREAS, this emergency finding is separate and distinct from and is not intended to
replace or supersede the emergency finding approved by Resolution No. 17-0618 adopted on
December 14, 2017; and,
WHEREAS, pursuant to the City Manager's emergency finding, which finds 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 Section 287.055(3)(a)(1), Florida Statutes, for the provision of A&E services
for additional City facilities outlined in Exhibit "A," attached and incorporated; and
WHEREAS, to expedite the A&E process, it is most advantageous to waive all
requirements of Section 18-87 of the Code of the City of Miami, Florida, as amended ("City
Code"); and
WHEREAS, the City intends to utilize A&E consultants that are currently under contract
with the City, to provide professional A&E services for each the repairs of the additional City
facilities listed in Exhibit 'A" attached and incorporated, 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, the City Manager's emergency finding,
as agency head, that Hurricane Irma has caused a valid public emergency to additional City
facilities, outlined in Exhibit 'A" attached and incorporated, is approved and confirmed, 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,
and all requirements of Section 18-87 of the City Code.
Section 3. The City Manager is authorized', to utilize Architectural, Engineering and
Landscape Architecture Consultants, currently under contract with the City, for a period not to
exceed the completion of the repair(s), due to exigency or emergency circumstances.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.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 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.
APPROVED AS TO FORM AND CORRECTNESS:
EJ1 t6 ria ' ndez,ity +r—e'y— 4/1612018