HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamlgov.com
File Number: 06-01422
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR
THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING
PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-90 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF
COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN
AGREEMENT FOR TRANSPORTATION SERVICES; AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN
THE CITY OF MIAMI ("CITY") AND ACTION COMMUNITY CENTER, INC.,
PURSUANT TO RESOLUTION NO. 05-0572, ADOPTED SEPTEMBER 22, 2005,
FOR PUBLIC TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT
PROJECT ("CIP") NO. 341330, B-71201; PROVIDING FORA ONE-YEAR
EXTENSION (OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007), WITH THE
OPTION OF TWO ADDITIONAL ONE-YEAR EXTENSIONS; ALLOCATING
FUNDS, IN THE AMOUNT OF $300,000, FOR FISCAL YEAR 2006-2007, FROM
CIP NO. 341330, B-71201, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO
CITY COMMISSION AND BUDGETARY APPROVAL.
WHEREAS, Resolution No. 04-0379, adopted June 10, 2004, authorized the allocation of
Transportation and Transit Special Revenue Funds from the City of Miami's ("City's") share of the half
penny transportation surtax, in the amount of $300,000, to be used for public transit services provided
by Action Community Center, Inc.("Action"); and
WHEREAS, Resolution No. 04-0379, also authorized the City Manager to execute an individual Grant
Agreement ("Agreement") with Action which was executed on or about October 13, 2004; and
WHEREAS, Resolution No. 05-0572, adopted September 22, 2005, authorized the City Manager to
execute a First Amendment to the Agreement, providing for a one-year extension, with the option of
three additional one-year extensions; and
WHEREAS, the Agreement stipulates that amendments and modifications to the Agreement must
receive authorization by the City Commission; and
WHEREAS, the First Amendment, which was executed on or about November 4, 2005 and will expire
on September 30, 2006; and
WHEREAS, a Second Amendment must be executed for the upcoming fiscal year (October 1, 2006 -
September 30, 2007); and
Clty of Miami Page 1 of 3 Printed On: 8/31/2006
File Number: 06-01422
WHEREAS, the City Manager has found that Action has provided a reliable and much needed public
transportation service to an average of 5,500 monthly riders in Miami since the initial execution of the
grant agreement and also diligent performance in its response to the requirements of the agreement;
and
WHEREAS, the City Manager has found that Action, a non-profit corporation, offers the City the most
advantageous service based on a combination of successful extensive experience, hands-on
management, quality control and local resources; and
WHEREAS, the City Manager has found that to continue the public transportation service provided by
Action, and to minimize the adverse impact of reducing transportation services to Miami residents and
visitors, especially the transit dependent, elderly, and the disabled to destinations such as hospitals,
supermarkets, senior care centers and connections to the Miami -Dade County public transit system, it
is necessary to waive the competitive proposal process under City Code Sections 18-86 and 18-90;
and
WHEREAS, funding in the amount of $300,000, will be allocated from Capital Improvements Project
("CIP") No. 341330, B-71201;
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, after an advertised public hearing, the City
Manager's emergency findings, that it is most advantageous for the City to waive competitive sealed
bidding procedures, pursuant to Sections 18-86 and 18-90 of the City Code, approving the use of
competitive negotiations, for the purposes of negotiating an agreement for Transportation Services, for
the Project, is ratified, approved and confirmed.
Section 3. The City Manager is authorized{1} to execute a Second Amendment, in substantially the
attached form, to the Agreement between the City and Action Community Center, Inc., pursuant to
Resolution No. 05-0572, adopted September 22, 2005, for public transportation services to provide for
a one-year extension (October 1, 2006 through September 30, 2007), with the option of two additional
one-year extensions, in an annual amount not to exceed $300,000, with funds in the amount of
$300,000, allocated from CIP No. 341330, B-71201 for Fiscal Year 2006-2007, with future fiscal year
funding subject to City Commission and budgetary approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of the
Mayor.(2)
Footnotes:
City of Miami Page 2 of 3 Printed On: 8/31/2006
File Number: 06-01422
{1} 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 Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 Printed On: 8/31/2006