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Resolution 2018-30461 RESOLUTION NO. 2018-30461 A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH H.O.P.E. IN MIAMI-DADE, INC., FOR A PERIOD OF THREE (3) YEARS, FOR HOMELESS OUTREACH TRAINING PROGRAM SERVICES, IN THE ANNUAL NOT-TO-EXCEED AMOUNT OF $63,654, WITH THE NOT-TO-EXCEED AMOUNT INCREASED BY THREE PERCENT(3%) IN THE SECOND AND THIRD CONTRACT YEAR. WHEREAS, the City is committed to reducing homelessness in the community; and WHEREAS, in order to reduce homelessness, the City provides a variety of services to the homeless, including street outreach, provision of employment, identification document services, relocation and emergency shelter placement; and WHEREAS, H.O.P.E. in Miami-Dade, Inc. (HOPE) is a not-for-profit corporation of the State of Florida that empowers the homeless by offering temporary employment and supportive services to homeless persons while in shelter; and WHEREAS, HOPE has contracted with the City of Miami Beach's Homeless Department (City)for the last three years to provide street outreach with the City, to engage homeless people with the purpose of convincing them to accept the services offered by the City, and follow up weekly visitation of those clients placed in shelters to encourage them to maintain their commitment to the program; and WHEREAS, since its inception, the program has employed 86 shelter clients; and WHEREAS, HOPE has provided program participants with uniforms, free bus passes to facilitate seeking and obtaining permanent employment, and a professional reference letter to those that successfully complete the program; and WHEREAS, the Administration recommends the waiver of the competitive bidding requirement, to permit the City to renew its contract with HOPE, at an annual budget of$63,654, with an annual increase of 3% per year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the written recommendation of the City Manager and waive, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve and authorize the Mayor and City Clerk to enter into an agreement with H.O.P.E. in Miami-Dade, Inc.fora period of three(3)years,for homeless outreach training program services, in the annual not-to-exceed amount of $63,654, with the not-to-exceed amount increased by three percent (3%) in the second and third contract year.. PASSED AND ADOPTED this f' day of C®Aethaf r 2018. ATTEST: DAN GELBER, MAYOR LEL �GRANADO, !TY LERK APPROVED ii [C I FORM & LANCUAGF �yf- (c�� y .' &FOR EXECUTION K ti�cOncoRArEo; ,t c • ii/:2___4E 4 5 ((i9 ••\,c6 CityAttomey RAP Date Ch 2g Vi Resolutions- C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 12, 2018 SUBJECT: A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH H.O.P.E. IN MIAMI-DADE, INC., FOR A PERIOD OF THREE (3) YEARS, FOR HOMELESS OUTREACH TRAINING PROGRAM SERVICES, IN THE ANNUAL NOT-TO-EXCEED AMOUNT OF $63,654, WITH THE NOT-TO-EXCEED AMOUNT INCREASED BY THREE PERCENT (3%) IN THE SECOND AND THIRD CONTRACT YEAR. RECOMMENDATION Adopt the Resolution. ANALYSIS H.O.P.E. in Miami-Dade (HOPE) empowers those who are homeless on the streets to realize a different life for themselves as it offers temporary employment and supportive services to clients working to leave shelter and transition to independence. For the past three (3) years, HOPE has contracted with the City's Homeless Outreach Office to provide key services: 1)joint street outreach with City staff to engage homeless people with the purpose of convincing them to accept the services; and 2) follow up weekly visitation of those clients placed in shelters to encourage them to maintain their commitment to the program and pursue full-time employment and independent housing. Since its inception, the program has: • Employed 86 shelter clients • Made weekly recruitment visits to the shelters to enlist employment program participants •Provided each program participant with uniforms (including two new work shirts, one pair of jeans, one pair of sneakers, one pair of black pants and a dress shirt for work interviews) • Provided a professional reference letter to those that successfully complete the program • Provides participants with free bus passes to facilitate seeking and obtaining permanent employment Additionally, HOPE has partnered with CareerSource Miani Beach Center, and a variety of community partners who provide gently used work clothing to the shelters to create additional supports for program clients seeking to successfully transition to independent living. Please note that HOPE in Miami-Dade's collaboration with the City has proven successful in Page 465 of 1802 employing greater numbers of homeless persons in our City and supporting their transition from the streets. CONCLUSION The Administration recorrtnends the waiver of the competitive bidding requirement, to permit the City to renew its contract with HOPE, at an annual budget of$63,654, with an annual increase of 3% per year. KEY INTENDED OUTCOMES SUPPORTED Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Historic Assets, In Select Neighborhoods And Redevelopment Areas FINANCIAL INFORMATION These services are included in the FY 2018/19 General Fund budget. Amount 1 $63,654 Account 1 011.0560.000349 23.405.575.00.00.00 Legislative Tracking Housing and Community Services ATTACHMENTS: Description ❑ Competitive Requirements Procedure Page 466 of 1802 p H DATE ISSUED: Page: 1 SEQUENCE F MIAMI DEACSeptember 2014 Of: 5 NUMBER: CITYWIDE PROCEDURE DATE UPDATED: P0.16.02 September 2017 SUBJECT: COMPETITIVE REQUIREMENTS IN THE ACQUISITION OF GOODS AND SERVICES. _ RESPONSIBLE DEPARTMENT: PROCUREMENT PURPOSE: The purpose of this procedure is to ensure the effective and efficient application of the competitive requirements established in the Miami Beach City Code, as well as foster sound business processes and internal controls relating to the acquisition of goods and services. Compliance with this Procedure, including the prohibition on splitting of orders, is mandatory. Violations shall be considered Unauthorized Purchases. A. PROCUREMENT THRESHOLDS. The following procurement thresholds shall apply to all purchases of goods and services regardless of the source of funds. 1. Purchases up to $10,000 (Delegated Authority). The authority for purchases within this category is delegated to the requesting department who shall select and document the most efficient and cost-effective source for the goods or services required. a. Departments shall maintain a record with the requisition or Procurement Card purchase which shall include a justification for the purchase, including the reason(s) for selection of the vendor and the reasonableness of the cost of the purchase. b. Purchases up to $5,000 may be acquired through a Procurement Card (check the Finance Department's Procurement Card Procedure for compliance) or departments may submit a requisition for Purchase Order. c. For purchases requiring POs, the requesting department shall enter a requisition in Munis and include a valid quote from selected vendor (as applicable), as well as the aforementioned justification.The date of the quote(s)should not exceed any time limitation stated on the quote or 120 days, whichever is less. d. Departments may not accept quote(s)that contain the following provisions: i. A requirement that the City indemnifies or holds harmless a contractor. ii. Any term of agreement that binds the City beyond the fiscal year in which the Purchase Order was issued, unless full payment for the goods or services are included in the Purchase Order for the entire term of agreement. iii. A provision for automatic renewal terms. Any quote that contains any of the above listed provisions(i-iii), or requires the City Manager's signature, shall be submitted to the City Attorney's Office for review prior to processing PO or receipt of goods/services. e. Departmental personnel are not authorized to sign quotes, agreements or any other document that binds the City. Only the City Manager,or his designee,may sign documents. f. Requisitions for purchases within this category need only to be approved by the department; Budget and Procurement approval is not required. The requesting department,and its respective approvers,is responsible that the requisition complies with the requirement of the City (including this procedure), applicable law, and any grant requirement. Additionally, individual issuing the PO shall assure that funds allocated for the specific purchase are available. g. Any public record request regarding a purchase issued under this delegated authority shall be the responsibility of the department making the purchase. Page 467 of 1802 MIAMIBEACHATE SEQUENCE Septemberf0f: 114 O5. 2 NUMBER: CITYWIDE PROCEDURE DATE UPDATED: P0.16.02 September 2017 SUBJECT: COMPETITIVE REQUIREMENTS IN THE ACQUISITION OF GOODS AND SERVICES. RESPONSIBLE DEPARTMENT: PROCUREMENT 2. Purchases between $10,000.01 - $50,000.00. Purchases within this category require three written quotes and the approval of the Procurement and Budget Departments. a. Departments shall seek, at least, three quotes for purchases within this threshold. Departments shall make reasonable efforts to maximize competition, including using all available bidder databases. When three quotes cannot be obtained, the Procurement Department may issue an Invitation to Quote, or utilize other means, to seek additional quotes. b. In rare cases when three quotes cannot be obtained (e.g., standardization or waiver of quote)the approval of the City Manager shall be required. c. The requesting department shall enter a requisition in Munis and attach quotes received. The date of the quote(s) should not exceed any time limitation stated on the quote or 120 days,whichever is less. d. Following receipt of approved requisition, a Purchase Order will be issued by the Procurement Department. 3. Purchases Exceeding $50,000.00. A formal competitive solicitation (ITS, RFP, RFQ. ITN) is required to be processed and approved by the City Commission. The Procurement Department will issue solicitation and approve the requisitions.Award recommendation will be presented to the City Commission for approval. B. SPLITTING OF ORDERS.When considering threshold amounts the total estimated expenditures over a single fiscal year or over the term of the contract or purchase order (PO) should be considered. The splitting of orders into lower amounts to circumvent these procedures is prohibited. In so far as practical, repetitive purchases should be aggregated to maximize possible volume discounts. However, departments should not be barred from following the requirements of lower thresholds in the following cases: a. Expenditures did not reach the higher threshold in prior fiscal years;or b. Expenditures at the higher threshold could not have been anticipated. The foregoing should be documented on the requisition. Subsequent fiscal year purchases shall be based on the requirements of the higher threshold. C. CITY ESTABLISHED CONTRACTS. When a department requires a good or services for which the City has established a contract, the items should be purchased from the City Contract, unless the department can document in writing the reason(s)why utilizing the contract is not in the City's best interest and the City manager's approval will be required for purchases greater than $10,000 (cumulative over a fiscal year). Page 468 of 1802 DATE ISS Page: MIAMI BEAC H September t20D.4 Of: 5 3 NUMBER: E CITYWIDE PROCEDURE DATE UPDATED: P0.16.02 September 2017 SUBJECT: COMPETITIVE REQUIREMENTS IN THE ACQUISITION OF GOODS AND SERVICES. _ RESPONSIBLE DEPARTMENT: PROCUREMENT D. PIGGYBACKING. Contracts awarded by other public agencies or cooperative agreements may be utilized in lieu of the competitive requirements established pursuant to Section A above. a. When piggybacking contracts awarded by other agencies or cooperative agreements, it is a requirement that the terms, conditions and pricing of the City's order be consistent with the terms, conditions and pricing of the piggybacked agreement. No deviation from the piggybacked agreement is acceptable. b. The Procurement Department may release Purchase Orders pursuant to cooperative agreements in an estimated fiscal amount up to $250,000 per agreement. The City Manager shall approve the use of cooperative agreements in an estimated amount exceeding $250,000 per agreement over a single fiscal year. c. When utilizing piggyback contracts for purchases exceeding $50,000, pursuant to Section 2-369 of the City Code, a written analysis justifying that the piggyback purchase is in the City's best interest shall be prepared and included in the purchase documentation. At a minimum, the written analysis should include the following: i. an analysis of the intended contract's costs as compared to other source(s)for the required goods or services,as available;and ii. the stated benefit(s) of processing the purchase through a piggyback contract rather than processing a formal solicitation. E. PURCHASES EXEMPT FROM COMPETITIVE REQUIREMENTS. Certain goods or services, except those construction-related professional services outlined in Section 287.055, Consultant's Competitive Negotiation Act(CCNA), are exempt from the competitive requirements noted herein, as follows: a. Direct Pay Items. Items approved for Direct Pay by the Chief Financial Officer are exempt from the competitive requirements stated herein (See Direct Pay Memorandum issued by the CFO). Direct Pay items do not require Purchase Orders. b. Exempt Goods or Services. Exempt services, pursuant to Section 287.057, Florida Statutes, include: artistic services; academic, training or instructional services; lectures by individuals; legal services; health-related and prevention services; services to persons with disabilities; and, family placement services. The following purchases are also exempt: purchases from governmental agencies, maintenance of existing software systems or license, cable (television/internet) services, or other goods or services where applicable law or grant requirements mandate a specific vendor. c. Non-Construction Professional Services. Pursuant to Section 2-312, Miami Beach City Code, professional services are unique in their nature and are not subject to competition. The term "professional services," as used herein, includes the following services: financial, actuarial, health, legal, management consultant, and other professions typically requiring licenses or professional degrees. d. Approval of Exempt Purchases. City Manager,or designee, approval is required for the purchase of exempt services in an amount exceeding $10,000 and up to $50,000. Purchases of exempt purchases exceeding $50,000 must be approved by the City Commission. The purchase of exempt goods or services does not require Purchase Orders. Purchases may be paid via a procurement card or a direct pay request. Page 469 of 1802 ATE �AM BEACH Septemberl0114 Of: SEQUENCE M 1NUMBER: CITYWIDE PROCEDURE DATE UPDATED: P0.16.02 September 2017 SUBJECT: COMPETITIVE REQUIREMENTS IN THE ACQUISITION OF GOODS AND SERVICES. RESPONSIBLE DEPARTMENT: PROCUREMENT F. SOLE SOURCE PURCHASES. Sole Source purchases, as determined by the Procurement Department, are exempt from the competitive requirements noted herein. Sole source purchases are defined as those goods and services available from a single supplier. Typically, make and model shall not be valid justifications for determination of sole source, unless a specific standard has been approved for the make and model or in cases where it is necessary to match an existing installation. A completed Sole Source Purchase Form (available on the Procurement Department intranet site) must be attached to any requisition for a sole source purchase. City Manager, or designee, approval is required for sole source purchases exceeding $10,000 and up to $50,000. Sole source purchases exceeding$50,000 must be approved by the City Commission. G. INSURANCE REQUIREMENTS. All purchases shall comply with the insurance requirements for contracts and purchase orders established by the Risk Management Office. Departments issuing direct orders to vendors (e.g., orders through procurement cards) for services performed onsite shall require the vendor receiving the order to execute the standard Vendor Indemnification& Hold Harmless Agreement available on the Procurement intranet site. For any order exceeding $10,000, not pursuant to a contract or purchase order, the issuing department shall contact the Risk Management Department for instructions on insurance requirements. H. PURCHASE ORDERS. Purchases not completed via a P-card require the issuance of a Purchase Order prior to the receipt of goods or services. Only the Procurement Department may issue purchase orders for goods and services, except as otherwise delegated herein. a. Confirming Purchase Order. Confirming Purchase Orders may be issued directly by the Procurement Department typically only for the payment of unauthorized purchases (See Unauthorized Purchase Form) or approved emergency purchases (See Emergency Purchase Request Form). The supporting documentation will be attached to the Confirming Purchase Order. i. Confirming Purchase Orders should not be used for a routine purchase unless approved, in advance of the receipt of goods or services by the Procurement Director. EMERGENCY PURCHASES. All emergencies are to be reported to the City Manager who may authorize the purchase of any goods or services necessary to address the emergency. As soon as practical, the department head for the requesting department shall document any purchase completed in response to the emergency on an Emergency Purchase Request Form. a. The payment of an emergency purchase requires the issuance of a requisition by the department so that a Purchase Order can be issued for tracking and reporting purposes. Page 470 of 1802 DATE ISSD: Page: SEQUENCE AAIAMIBEACH September 2014 Of: 5 5 NUMBER: CITYWIDE PROCEDURE DATE UPDATED: P0.16.02 September 2017 SUBJECT: COMPETITIVE REQUIREMENTS IN THE ACQUISITION OF GOODS AND SERVICES. RESPONSIBLE DEPARTMENT: PROCUREMENT J. UNAUTHORIZED PURCHASES. Purchases not adhering to these procedures are considered unauthorized purchases, pursuant to Section 2-393 of the City Code. Unauthorized purchases are to be submitted to the City Manager for approval. Unauthorized purchases are to be reported to the City Commission when the value of the purchase exceeds $50,000. Individuals violating the requirements of this procedure may be subject to disciplinary action. a. The payment of an unauthorized purchase requires the issuance of a requisition by the department so that a Purchase Order can be issued for tracking and reporting purposes. K. DELAYED IMPLEMENTATION OF CFR. The City of Miami Beach, Florida, is delaying implementation of the new procurement requirements in OMB 2.CFR.200.320 until October 1, 2018. The City will continue to comply with the procurement standards in the OMB guidance at 2 CFR§200.110(a) until that time. Prepared yw, Directb , ' u•- !-!lament Reviewed by/ 402 I. ern. , x ,01 n� Assistant CI y M. ager Appro - ,by: "bile7 City anagen 1 —aide.w.. Date Page 471 of 1802