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Resolution: R-17-0422
File Number: 2817 Final Action Date: 9/19/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR-FIFTHS (4f5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING,
AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN
FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO
SECTION 18-85 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 ("CITY") FOR THE MAINTENANCE AND BEAUTIFICATION
OF MARTIN LUTHER KING BOULEVARD BY GREATER MIAMI SERVICES
CORPS., A FLORIDA NOT FOR PROFIT CORPORATION ("GREATER MIAMI"),
FROM JANUARY 1, 2017 THROUGH MARCH 31, 2017; APPROVING PAYMENT
TO GREATER MIAMI FOR SAID SERVICES RENDERED WITHOUT A
CONTRACT DURING THE PERIOD FROM JANUARY 1, 2017 TO MARCH 31,
2017 AT AN AMOUNT NOT TO EXCEED $38,611.12 WITH FUNDS ALLOCATED
FROM THE SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE
NEGOTIATION AND EXECUTION OF A MODIFICATION, AMENDMENT, OR
EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY AND GREATER MIAMI AUTHORIZED BY RESOLUTION NO. 15-0535,
ADOPTED ON DECEMBER 10, 2015, TO EXTEND THE PERIOD OF
PERFORMANCE TO MARCH 31, 2017, WITH TERMS THAT ARE
SATISFACTORY TO THE CITY MANAGER AND IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING RETROACTIVE
PAYMENTS NOT TO EXCEED $38,611.12 TO GREATER MIAMI FOR
SERVICES PERFORMED WITHOUT A CONTRACT.
SPONSOR(S): Chair Keon Hardemon
WHEREAS, on or about December 10, 2015, pursuant to Resolution No. 15-0535, the
City Commission by a four-fifths (415) affirmative vote and after an advertised public hearing,
ratified, confirmed, and approved the City Manager's recommendation and written findings with
reasons supporting a waiver of competitive sealed bidding methods for the maintenance and
beautification of Martin Luther King Boulevard ("MILK Blvd") ("Services") for the period of
January 1, 2016 through December 31, 2016 as not being practicable or advantageous to the
City of Miami ("City") pursuant to Section 18-85 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, pursuant to said waiver and subsequent ratification, the City entered into a
Professional Services Agreement ("PSA") with the Greater Miami Service Corps„ a Florida not
for profit corporation ("Greater Miami"), for the Services for the period from January 1, 2016
through December 31, 2016 at an annual amount not to exceed $174,000.00 with funds
allocated from the Special Revenue Fund; and
WHEREAS, there was a delay in contract execution that resulted a delay start of the
Services by Greater Miami; and
City of Miami Page 1 of 3 File ID: 2817 (Revision:) Printed On: 61221201E
Fife ID: 2617 Enactment Number: R-17-0422
WHEREAS, Greater Miami satisfactorily performed the Services from April 1, 2016
through March 31, 2017; and
WHEREAS, Greater Miami satisfactorily performed the Services beyond the December
31, 2016 date, specifically from January 1, 2017 through March 31, 2017, without a contract;
and
WHEREAS, the three (3) month period of Services rendered was within the original
budgeted amount of $174,000.00; and
WHEREAS, pursuant to Section 18-85 of the City Code, the City Manager determined
that it is not practicable or advantageous to the City to adhere to competitive sealed bidding
methods for the Services rendered by Greater Miami from January 1, 2017 through March 31,
2017 via a written finding with reasons supporting his conclusion therein, attached hereto as
Exhibit "A" and incorporated herein, and therefore recommends waiver of competitive sealed
bidding methods for the Services provided without a contract during the period of January 1,
2017 through March 31, 2017; and
WHEREAS, said conclusion must be ratified, confirmed, and approved by the City
Commission by a four-fifths (415ths) affirmative vote; and
WHEREAS, a modification to the PSA is necessary to make retroactive payments to
Greater Miami for the Services rendered from January 1, 2017 through March 31, 2017; 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 modification to the PSA satisfactory to
the City Manager, or the Manager's authorized designee, as to content and to the City Attorney
as to legal form and correctness; and
WHEREAS, if the required modification to the PSA has not been agreed upon and
executed within 90 days of the rendition of this Resolution, this matter will be brought back to
the City Commission for further action by the City Administration;
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 (4/5ths) affirmative vote, the City Manager's recommendation
and written findings pursuant to Section 18-85 of the City Code, are ratified, approved, and
confirmed; the requirements for competitive sealed bidding methods are waived, as not being
practicable or advantageous to the City, for maintenance and beautification of MLK Blvd
performed during the period of January 1, 2017 through March 31, 2017; and payment for
Services performed during that period to Greater Miami in an amount not to exceed $38,611.12,
is authorized.
Section 3. Funds to be allocated from a Special Revenue Fund.
City of Miami Page 2 of 3 File !D: 2817 (Revision.) Printed on: 612212018
File Id: 2817 Enactment Number: R-17-0422
Section 4. The City Manager is authorized' to negotiate and execute a modification,
amendment, or extension to the PSA that is satisfactory in content to the City Manager, or the
City Manager's authorized designee, and in a form acceptable to the City Attorney, for said
purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
L$t&ia-WdE�z, City Attor r
ey 9!112017
' 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.
City of Miami Page 3 of 3 File ID: 2817 (Revision: ) Printed on: 6/2212018
Daniel J. Alfonso
City Manager
Juvenal Santana, P.E., CFM
Director of Public Works
BACKGROUND
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: August 22, 2017
PW -017-025
suaJECT GMSC
Bid Waiver Approval
REFERENCES
FNCL(' SURES:
On December 10, 2015, pursuant to Resolution No. 15-0535, the Miami City Commission by a four-fifths (4/5)
affirmative vote during an advertised public hearing ratified, confirmed, approved the City Manager's
recommendation and written findings with reasons supporting a waiver of competitive sealed bidding methods
for the maintenance and beautification of Martin Luther King Boulevard ("Services") for the period of January 1,
2016 through December 31, 2016 as not being practicable or advantageous to the City of Miami ("City") pursuant
to Section 18-85, of the Code of the City of Miami, Florida, as amended ("City Code"); and
Pursuant to Section 18-85, of the City Code, the City Manager determined that it is not practicable and
advantageous to the City to adhere to competitive sealed bidding methods for the Services via a written finding
with reasons supporting his conclusion therein, and therefore recommends waiver of competitive sealed bidding
methods for the Services provided without a contract during the period of January 1, 2017 through March 31,
2017
RECOMMENDATION
By a four-fifths (4/5ths) affirmative vote, the City Manager's recommendation and written findings, pursuant to
Section 18-85 of the City Code, are ratified, approved, and confirmed, the requirements for competitive sealed
bidding methods are waived as not being practicable or advantageous to the City, for maintenance and
beautification of Martin Luther King Boulevard performed during the period of January 1, 2017 through March 31,
2017 and authorizing payment for Service performed during that period to Greater Miami Services Corp for the
Services in an amount not to exceed $38,611.12, with funds allocated from the Special Revenue Fund is
respectfully requested.
(AP�LROVEb / DISAPPROVED
/ ;C:)
Daniel J. Alfonso,Ma er Date
Enclosure(s)
File Number: 15-01532
FinalAction Date: 12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR-FIFTHS (415THS)
AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION
AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 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 FOR THE MAINTENANCE AND
BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD; APPROVING THE
AWARD OF SAID SERVICES TO GREATER MIAMI SERVICES, CORP., FOR THE
PERIOD FROM JANUARY 1, 2016 THROUGH DECEMBER 3, 2016, AT AN
AMOUNT NOT TO EXCEED $174,000.00; WITH FUNDS ALLOCATED FROM THE
GENERAL FUND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, SATISFACTORY TO
THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
WHEREAS, the Office of 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 and, therefore, seeks a
waiver of such requirements; and
WHEREAS, the Greater Miami Service Corps.,established in 1990, is a non-profit organization
whose 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,Greater Miami Service Corps' 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; and
WHEREAS, said conclusion must be ratified, confirmed, and approved by the Miami City
Commission by a four-fifths (415ths) affirmative vote during an advertised public hearing; and
WHEREAS, the disbursement by the City of any amount or funds is subject, as a condition
precedent, to the negotiation and execution of a Professional Services Agreement ("PSA") satisfactory
to the City Manager, or the Manager's authorized designee as to content, and the City Attorney as to
legal form; and
WHEREAS, if the required PSA has not been agreed upon and executed within 90 days of the
City of Miami Page I of 2 File Id.15-01532 (Version: I) Printer! N. 91112017
City of Miami
City Hall
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Legislation
Miami, FL 33133
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" "' '
Resolution: R-15-0535
File Number: 15-01532
FinalAction Date: 12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR-FIFTHS (415THS)
AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION
AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 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 FOR THE MAINTENANCE AND
BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD; APPROVING THE
AWARD OF SAID SERVICES TO GREATER MIAMI SERVICES, CORP., FOR THE
PERIOD FROM JANUARY 1, 2016 THROUGH DECEMBER 3, 2016, AT AN
AMOUNT NOT TO EXCEED $174,000.00; WITH FUNDS ALLOCATED FROM THE
GENERAL FUND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, SATISFACTORY TO
THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
WHEREAS, the Office of 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 and, therefore, seeks a
waiver of such requirements; and
WHEREAS, the Greater Miami Service Corps.,established in 1990, is a non-profit organization
whose 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,Greater Miami Service Corps' 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; and
WHEREAS, said conclusion must be ratified, confirmed, and approved by the Miami City
Commission by a four-fifths (415ths) affirmative vote during an advertised public hearing; and
WHEREAS, the disbursement by the City of any amount or funds is subject, as a condition
precedent, to the negotiation and execution of a Professional Services Agreement ("PSA") satisfactory
to the City Manager, or the Manager's authorized designee as to content, and the City Attorney as to
legal form; and
WHEREAS, if the required PSA has not been agreed upon and executed within 90 days of the
City of Miami Page I of 2 File Id.15-01532 (Version: I) Printer! N. 91112017
File Number 15-01532
F.naenrrern Number R- 15-0535
rendition of this Resolution this matter will be brought back to the City Commission for further action by
the City Administration;
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 (415ths) affirmative vote, after an advertised public hearing, the City
Manager's recommendation and written findings, pursuant to Section 18-85 of the City Code, are
ratified, approved, and confirmed, the requirements for competitive sealed bidding methods are waived
as not being practicable or advantageous to the City, for the provision of maintenance and
beautification of Martin Luther King Boulevard, and the award of said services to Greater Miami
Services Corp., for the period from January 01, 2016 through December 31, 2016, at an annual
amount not to exceed $174,000.00, are approved, with funds allocated from the General Fund.
Section 3. The City Manager is authorized {1} to negotiate and execute a PSA, satisfactory in
content to the City Manager, or the Manager's authorized designee, and in a form acceptable to the
City Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1 }This 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.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of the 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 lblirann Poge 2 of 2 File Id.- 1S -01S32 (Version: 1) Printed On: 91112017