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Home My WebLink AboutR-07-0486City of Miami Legislation Resolution: R-07-0486 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01052 Final Action Date: 9/11/2007 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 THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT 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 CIP 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 Amendment, which was executed on or about November 4, 2005, expired on September 30, 2006; and City of Miami Page 1 of 3 File Id: 07-01052 (Version: 1) Printed On: 4/10/2017 File Number: 07-01052 Enactment Number: R-07-0486 WHEREAS, the Second Amendment which 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 5,500 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 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 $319,000, will be allocated from Capital Improvements Project ("CIP") No. B-71201, for Fiscal Year 2007-2008, 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 future fiscal year funding subject to City Commission and budgetary approval. City of Miami Page 2 of 3 File Id: 07-01052 (Version: 1) Printed On: 4/10/2017 File Number: 07-01052 Enactment Number: R-07-0486 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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. City of Miami Page 3 of 3 File Id: 07-01052 (Version: 1) Printed On: 4/10/2017