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HomeMy WebLinkAboutR-93-00089J--92-784 11/24/92 RESOLUTION NO. 9=-8 A RESOLUTION RATIFYING, APPROVING AND —; CONFIRMING EXISTING CONTRACTS ISSUED FOR THE — FURNISHING OF LEASED VEHICLES USED BY CITY OFFICIALS ON AN AS NEEDED, WHEN NEEDED BASIS; DIRECTING THE CITY MANAGER TO ENTER INTO f COMPETITIVE NEGOTIATIONS FOR THE FUTURE ACQUISITION OF SUCH VEHICLES ON AN AS NEEDED, _ WHEN NEEDED BASIS; ALLOCATING AN AMOUNT NOT TO EXCEED $49,000.00 ANNUALLY FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, FLEET MANAGEMENT DIVISION --_ OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT ' OFFICER TO ISSUE PURCHASE ORDERS FOR THESE — -- VEHICLES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS. o, WHEREAS, the City presently has various leased vehicles used by city officials such as members of the City Commission, the City Manager, and Assistant City Managers that are leased on an as needed, when needed basis; and WHEREAS, verbal directives of past City Attorneys have allowed the City Administration to approve multiyear contracts ik larger than $4,500.00 without City Commission approval if the annual payment of each contract was less than $4,500.00 per year. WHEREAS, the previous directives indicated that, even when the Purchase Order was in excess of $4,500.00, if the vehicles, CITY CONMSSION MEETING OF JAN 14 1993 Resolution YVo. 93- 8 Olt amounts and their operators were clearly detailed in the budget's line item justification form, then such budget approval by the City Commission also constituted the yearly contract award of = �! said vehicle leases; and WHEREAS, case law from another jurisdiction suggests that - the City can no longer use the budget approval mechanism as an — alternative way of gaining City Commission approval of leased — vehicles contract awards; and t WHEREAS, funds for this service shall not exceed $49,000.00 annually, which amount is to be allocated annually in the General Services Administration and Solid Waste Department, Fleet .=- _` Management Division, Operating Budget; — NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: — _== Section 1. The recitals and findings contained in the �- i Preamble to this Resolution are hereby adopted by reference — thereto and incorporated herein as if fully set forth in this -- Section, - - Section 2. The existing contracts issued for the furnishing of leased vehicles used by city officials are hereby _ ratified, approved and confirmed and the City Manager is directed to enter into competitive negotiations for the acquisition of — such vehicles on an as needed, when needed basis, in an amount = — not to exceed $49,000.00 annually, with funding therefor hereby s _ 93- 8 i - 2 T �' i allocated from the General Services Administration and Solid Waste Department, Fleet Management Division, Operating Budget. Section 3. The City Manager is hereby authorized to -- instruct the Chief Procurement Officer to issue purchase orders for these vehicles as needed, subject to the availability of funds. Section 4. This Resolution shall become effective ' immediately upon its adoption. PASSED AND ADOPTED this 14th day of January, 1993. XAVIE SU Z MAYOR = �r ATTES MATTY IRAI CITY CLERK PREPARED AND APPROVED BY: _ CARMEN L. LEON _ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATT CLL:ra:M 94 . 93- g - _ - 3 -- — worm nm CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE of the City Commission SUBJECT FROM : REFERENCES: Cesar H . Od `e�j'� City Manage r+ ENCLOSURES: I r : ; �� /'`, . 9 FILE �JY.3Qiv,:t_ Resolution ratifying, approving and confirming the furnishing of leased vehicles used by City Official It is respectfully recommended that the City Commission adopt the attached resolution ratifying, approving, and confirming existing contracts issued for the furnishing of leased vehicles used by City Officials on an as needed, when needed basis. Proposed annual amount not to exceed $49,000.00. Allocating funds therefor from the General Services Administration and Solid Waste Department, Fleet Management Division, Operating Budget, subject to the availability of funds. BACKGROUND The Department of General Services Administration and Solid Waste is responsible for obtaining leased cars which are used by city officials on an as needed, when needed basis. Verbal directives of past City Attorneys have allowed the City administration to approve multiyear contracts larger than $4,500.00 without City Commission approval if the annual payment of each contract was less than $4,500.00 per year. The previous directives indicated that, even when the Purchase Order was in excess of $4,500.00, if the vehicles, amounts and their operators were clearly derailed in the budget's line item justification form, then such budget approval by the City Commission also constituted the yearly contract award of said vehicle leases. Case law from another jurisdiction suggests that the City can no longer use the budget approval mechanism as an alternative way of gaining City Commission approval or leased vehicles contract awards. Funds for this service shall not exceed $49,000.00 annually, which amount is to be allocated annually in the General Services • Administration and solid Waste Department, Fleet Management Division, Operating Budget. Attachments 9 3 _ 8 c��