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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01065
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 FOURTH AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE GRANT AGREEMENT BETWEEN THE CITY OF
MIAMI 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, 2008
THROUGH SEPTEMBER 30, 2009); ALLOCATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $300,000, SUBJECT TO BUDGETARY APPROVAL, FOR FISCAL
YEAR 2008-2009, FROM CIP NO. B-71201.
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, up to 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 executt 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, Resolution No. 07-0486, adopted September 11, 2007, authorized the City Manager
to execute a Third Amendment to the Agreement, providing for a one-year extension, with the option
of an additional one-year extension subject to City Commission and budgetary approval; and
WHEREAS, the Agreement stipulates that amendments and modifications to the Agreement must
receive authorization by the City Commission; and
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File Number: 08-01065
WHEREAS, the First Amendment was executed on or about November 4, 2005, and expired on
September 30, 2006; and
WHEREAS, a Second Amendment was executed on or about October 17, 2006, expired on
September 30, 2007; and
WHEREAS, a Third Amendment was executed on or about October 12, 2007, will expire on
September 30, 2008; and
WHEREAS, a Fourth Amendment is needed to continue the transportation services for the City
and must be executed for the upcoming fiscal year (October 1, 2008 -September 30, 2009); 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; and
WHEREAS, funding up to the amount of $300,000, subject to budgetary approval, will be allocated
from Capital Improvements Project ("CIP") No. 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, is
ratified, approved and confirmed.
Section 3. The City Manager is authorized{1} to execute a Fourth Amendment, in substantially the
attached form, to the Agreement between the City and Action, pursuant to Resolution No. 05-0572,
adopted September 22, 2005, for public transportation services to provide for a one-year extension
(October 1, 2008 through September 30, 2009), in an amount not to exceed $300,000, subject to
budgetary approval for Fiscal Year 2008-2009, from CIP No. B-71201.
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File Number: 08-01065
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS T i FORM AND CORRECTNESS:
JULIE O.
CITY ATT
Footnote=:
NEY
Pi°
{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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