TITLE
RESOLUTION WAIVING COMPETITIVE BIDDING PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY AND SECTION 5.03(D) OF THE HOME RULE CHARTER, BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT, IN CONNECTION WITH THE APPROVAL AND EXECUTION OF AMENDMENT NO. 3 TO THE 2012 CONTAINER HANDLING CRANE MAINTENANCE MANAGEMENT AGREEMENT BETWEEN THE COUNTY AND PORT OF MIAMI CRANE MANAGEMENT INC., A FLORIDA NOT FOR PROFIT CORPORATION; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO THE 2012 CONTAINER HANDLING CRANE MAINTENANCE MANAGEMENT AGREEMENT BETWEEN THE COUNTY AND PORT OF MIAMI CRANE MANAGEMENT INC.; PROVIDING THE COUNTY WITH FIVE ADDITIONAL ONE-YEAR RENEWALS THEREOF AT AN ESTIMATED ANNUAL COST OF $25,287,000.00, AND $126,435,000.00 IF ALL RENEWAL OPTIONS ARE EXERCISED; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL TERMINATION, RENEWAL, AND OTHER COUNTY RIGHTS CONTAINED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purpose outlined in the accompanying County Mayor�s memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board incorporates the foregoing recital and finds that it is in the best interest of Miami-Dade County to waive formal bid procedures by two-thirds vote of the Board members present in accordance with the provisions of section 5.03(D) of the Home Rule Charter and section 2-8.1 of the Code of Miami-Dade County in connection with the approval and execution of Amendment No. 3 (�Amendment No. 3�) to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc., a Florida not for profit corporation (�Agreement�).

Section 2. This Board approves Amendment No. 3 (�Amendment No. 3�) to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc. (�Agreement�), in substantially the form attached hereto and made a part hereof, providing the County with five additional one-year renewals thereof at an estimated annual cost of $25,287,000.00, and $126,435,000.00 if all renewal options are exercised.

Section 3. This Board authorizes the County Mayor or County Mayor�s designee to execute Amendment No. 3 to the Agreement and to exercise any termination, renewal, and other County rights contained therein.

HEADER
To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Authorizing Amendment No. 3 to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc.

STAFF RECOMMENDATION
Date:

To:

Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor
Subject: Resolution Authorizing Amendment No. 3 to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc.

STAFF RECOMMENDATION
Executive Summary
This item seeks approval of a resolution authorizing the County Mayor or County Mayor�s designee to execute and exercise all rights contained in Amendment No. 3 to the 2012 Container Handling Crane Maintenance Management Agreement (Agreement) between Miami-Dade County and Port of Miami Crane Management, Inc. (PMCM) and waiving competitive bidding requirements in connection therewith.

PMCM is a nonprofit created, operated, and funded by the County and uniquely qualified to provide this service to the port. International Longshoremen�s Association (ILA) workers are hired by the PMCM under the �USMX-ILA Master Contract,� a collective bargaining agreement covering container operations at ports on the East and Gulf coasts. Approximately 45% of the PMCM budget is utilized for ILA labor and is included within the Port�s budget approved by the Board of County Commissioners (Board) every September. Section 2-8.2.9 of the Code of Miami-Dade County provides that no County procurement provisions shall apply to any procurement conducted by Port of Miami Crane Management, Inc.

Amendment No. 3 would add five, one-year automatic renewals, unless the County Mayor or County Mayor�s Designee provides written notice to PMCM at least 60 days prior to such renewal date that the County does not seek to renew this Agreement, or unless otherwise terminated by the County. PMCM shall fully perform and sustain its duties under the Agreements previously approved by the Board pursuant to Resolution No. R-638-12, extended by the Board pursuant to Resolution R-761-17, and as further defined by the Board to include County directed support for acquisition and maintenance of Rubber-Tired Gantry Cranes (RTGs) and Passenger Boarding Bridges pursuant to Resolution No. R-485-19.

Recommendation
It is recommended that the Board of County Commissioners approve the accompanying resolution authorizing the County Mayor or County Mayor�s designee to execute and exercise all rights contained in Amendment No. 3 to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc. and waiving competitive bidding requirements in connection therewith.
Delegated Authority
Should this item be approved, the County Mayor or County Mayor�s designee will have the authority to execute Amendment No. 3 to the Agreement and to exercise any termination, renewal, and other County rights contained therein.

Scope
PortMiami (Seaport Department or Port) is located within District 5, represented by Commissioner Vicki L. Lopez. The impact of this item is countywide as PortMiami is a regional asset and generates employment for residents throughout Miami-Dade County.

Fiscal Impact/Funding Source
There is no new fiscal impact with this item as PMCM is a nonprofit corporation, operated and funded by the County. Since its inception in 1999, PMCM�s day to day operations have been 100% funded by the County via Port revenues including crane rental fees. The proposed annual operating expense budget for Fiscal Year (FY) 2026/2027 for PMCM is approximately $25,287,000, and the County estimates a collective operating expense budget of $126,435,000 over five years if all renewal options are exercised. Approximately 45% of the budget is utilized for International Longshoremen�s Association (ILA) labor. PMCM�s annual budget is included within the Port�s budget approved by the Board of County Commissioners every September.

Track Record/Monitor
The Seaport Department staff members responsible for monitoring the Agreement are Frederick P. Wong, Jr. Interim Port Director, and Dalgis Betancourt, Assistant Director - Operations.

Background
Port of Miami Crane Management, Inc. is a Florida nonprofit corporation created by the County on June 6,1999 through resolution No. R-671-99. PMCM is a separate legal entity for the purpose of managing the maintenance of the County�s seaport gantry cranes and other cargo handling equipment. PMCM is overseen by a board of directors consisting of five voting members, two appointed by this Board, one by the County Mayor, one by PortMiami�s Gantry Crane Committee, and one by the Port Director or his or her designee.

On July 23, 2002, the Board approved Resolution No. R-872-02, which authorized the County to enter into an operating agreement with the Company (Original Agreement). The Original Agreement provided for, among other things, the Company�s duties as well as standards and criteria for efficient and proper maintenance of the Port�s gantry cranes and container handling equipment. From May 1998 through July 2002, this operation as performed by an interim private contractor.

On July 17, 2012, the Board approved Resolution R-638-12 that authorized a new Agreement for Management of the Maintenance of the Container Handling Cranes and Cargo Handling Equipment with PMCM for the Port�s container handling cranes and cargo handling equipment including rubber-tired gantry cranes (RTG)s. This Agreement was modified on July 18, 2017, to add four additional one-year automatic renewals. The Agreement was modified again on May 7, 2019 through Resolution No. R-485-19 to allow for the procurement and maintenance of Passenger Boarding Bridges (PBBs) and for PMCM to provide design, fabrication, installation, construction, assembly, transportation, and/or relocation, set-up, inspection, certification, testing, diagnostics, operations, maintenance, repair, refurbishment, and modification to the RTGs.

On July 8, 2021, Amendment No. 2 was authorized by the Board of County Commissioners providing the County with five additional one-year renewals and modifying select Definitions in the Agreement.

Since its inception, PMCM has demonstrated reliable performance and operational efficiency and as such is uniquely qualified to provide this service to the Port. PMCM�s recent addition of new Board members and hiring of new leadership have helped prepare it for the Port�s anticipated growth in cargo throughput. The Board�s approval through Ordinance No. 01-42 of PMCM�s procurement procedures has allowed greater flexibility in the acquisition process in support of the Port�s contractual obligations. Port of Miami Crane Management, Inc. is a nonprofit created by the County. The services and materials provided pursuant to the Agreement are provided at cost, with no mark-up for profit.

Accordingly, it is recommended that the Board waive formal competitive bidding procedures, by two-thirds vote of the Board Members present, pursuant to section 5.03(D) of the Home Rule Charter and section 2-8.1 of the Code of Miami-Dade County in connection with the approval and execution of Amendment No. 3 to the 2012 Container Handling Crane Maintenance Management Agreement between Miami-Dade County and Port of Miami Crane Management, Inc.

____________________
Roy Coley
Deputy Mayor