HomeMy WebLinkAboutR-06-0513City of Miami
Legislation
Resolution: R-06-0513
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01422 Final Action Date: 9/12/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) 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 ("CITY") 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 BETWEEN THE CITY AND ACTION COMMUNITY
CENTER, INC., PURSUANT TO RESOLUTION NO. 04-0379, ADOPTED JUNE 10,
2004, FURTHER AMENDED BY RESOLUTION NO. 05-0572, ADOPTED
SEPTEMBER 22, 2005, FOR PUBLIC TRANSPORTATION SERVICES FOR
CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341330, B-71201; PROVIDING
FOR A ONE-YEAR EXTENSION (OCTOBER 1, 2006 THROUGH SEPTEMBER 30,
2007), WITH THE OPTION OF TWO (2) 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
City of Miami
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File Number: 06-01422 Enactment Number: R-06-0513
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 Sections 18-86 and 18
-90 of the Code of the City of Miami, Florida, as amended ("City Code"); 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, is ratified, approved and
confirmed and the use of competitive negotiations, for the purposes of negotiating an agreement for
Transportation Services, for the Project, is approved.
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, pursuant to Resolution No. 04-
0379, adopted June 10, 2004, further amended by Resolution No. 05-0572, adopted September 22,
2005, for public transportation services for CIP Project No. 341330, B-71201, to provide for a
one-year extension (October 1, 2006 through September 30, 2007), with the option of two (2)
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:
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File Number: 06-01422 Enactment Number: R-06-0513
{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.
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