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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01052 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 ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING
PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-9Q 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 THIRD AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THEGRANT /GREEMENT BETWEEN THE 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. B-71201;
PROVIDING FOR A ONE-YEAR EXTENSION (OCTOBER 1, 2007 THROUGH
SEPTEMBER 30, 2008), WITH THE OPTION OF AN ADDITIONAL ONE-YEAR
EXTENSION; ALLOCATING FUNDS, IN THE AMOUNT OF $319,000, FOR FISCAL
YEAR 2007-2008, FROM SIP NO. B-71201, TRANSPORTATION AND TRANSIT
FUNDS, 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, Resolution No. 06-0513, adopted September 12, 2006, authorized the City Manager
to execute a Second Amendment to the Agreement, providing for a one-year extension, with the option
of two 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 Amendm(_nt, which was executed on or about November 4, 2005, expired on
September 30, 2006; and
Cin' of Miami
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File Number: 07-01052
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WHEREAS, the Second Amendment whicl,i was executed on or about October 17, 2006, will
expire on September 30, 2007; and
WHEREAS, a Third Amendment must be executed for the upcoming fiscal year (October 1, 2007 -
September 30, 2008); and
WHEREAS, the City Manager has found that Action has provided a reliable and much needed
public transportation service to an average of 3,500 monthly riders in Miami since the initial execution
of the 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 pf reducing transportation services to Miami residents
and visitors, especially the transit dependent, ellderly, 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 $319,000, will be allocated from Capital Improvements
Project ("CIP") No. B-71201, for Fiscal Year 20p7-2008, from Transportation and Transit Special
Revenue Funds (half cent transportation surtax);
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, is
ratified, approved and confirmed.
Section 3. The City Manager is authorized{1 } to execute a Third 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, 2007 through September 30, 2008), with the option of an additional
one-year extension, in an annual amount not to exceed $319,000, with funds allocated from CIP No.
B-71201, for Fiscal Year 2007-2008, from Transportation and Transit Special Revenue Funds (half
cent transportation surtax), with fut ire fiscal year funding subject to City Commission and budgetary
approval.
City of Miami
P:. 2 o 3 Printed On: 8/23/2007
File Number: 07-01052
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
4,2(
7
JORGE b 1'"E` NANDEZ
CITY ATTOR EY
Footnotes:
{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.
Cite of Miami
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