HomeMy WebLinkAboutLegislation 10-28-10City of Miami
Legislation
Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01097 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 18-85 AND 18-90 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS STATED HEREIN; APPROVING THE USE OF
COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN
AGREEMENT FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW
TO MODERATE INCOME ELDERLY AND DISABLED MIAMI RESIDENTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT BETWEEN THE CITY OF MIAMI AND ACTION COMMUNITY
CENTER, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR
PRE -ARRANGED TRANSPORTATION SERVICES; PROVIDING FOR FOUR (4)
ADDITIONAL ONE (1) YEAR EXTENSIONS, SUBJECT TO CITY COMMISSION
APPROVAL AND THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS, IN THE
AMOUNT OF $142,605, FOR FISCAL YEAR 2009-2010, AND FUNDS IN THE
AMOUNT OF $350,000, FOR FISCAL YEAR 2010-2011, FOR A TOTAL AMOUNT
NOT TO EXCEED $492, 605, FROM TRANSPORTATION AND TRANSIT
SPECIAL REVENUE FUND 122001, ORACLE FUND 15600, CAPITAL
IMPROVEMENT AND TRANSPORTATION PROJECT.
WHEREAS, it is desirable to provide an alternative form of pre -arranged transportation service to
the residents of Miami who are low and moderate income elderly and the disabled; and
WHEREAS, Ordinance No. 02-117 of the Miami -Dade County Code, entitled "Charter County
Transit System Sales Surtax," also known as the Peoples' Transportation Plan, mandates
municipalities to expend a minimum of twenty percent (20%) of their share of the one-half cent Transit
Surtax proceeds for transit purposes; and
WHEREAS, pursuant to Committee Substitute for House Bill (CS/HB) 1271, recently adopted by
the Florida Legislature, and signed by the Governor and effective July 1, 2010, which provides that the
expansion, operation, and maintenance of on -demand transportation services are an allowable use of
the Charter County Transit System Sales Surtax; and
WHEREAS, the City Manager has found that Action Community Center, Inc. ("Action") has
provided a reliable and much needed transportation service to many monthly riders in Miami who are
extremely low-income elderly and who are disabled; 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 extensive experience, hands-on management,
City of Miami
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File Number.' 10-01097
and local resources; and
WHEREAS, the City Manager has found that to continue the transportation service provided by
Action, and to minimize the adverse impact of reducing transportation services to Miami residents,
especially the low to moderate income elderly and the disabled to destinations such as hospitals,
medical offices, supermarkets, and senior activity centers, it is necessary to waive competitive sealed
bidding procedures pursuant to Sections 18-85 and 18-90 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, funding in the amount of $142,605 for Fiscal Year 2009-2010 and $350,000 for Fiscal
Year 2010-2011, will be allocated from the Transportation and Transit Special Revenue Fund 122001,
Oracle Fund 15600, the Transit portion of the Transit Surtax as a Capital Improvement and
Transportation Project to be used for pre -arranged transportation services provided by Action; and
WHEREAS, the City Manager is authorized to execute a Grant Agreement with Action for
pre -arranged transportation services for the eligible population of low to moderate income elderly and
the disabled, with the option of four (4) additional one (1) year extensions subject to City Commission
and budgetary approval;
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
Managers emergency findings, that it is most advantageous for the City to waive competitive sealed
bidding procedures, pursuant to Sections 18-90 (For Fiscal Year 2009-2010) and 18-85 (For Fiscal
Year 2010-2011), of the City Code, approving the use of competitive negotiations, for the purposes of
entering into an agreement for pre -arranged transportation services is ratified, approved and
confirmed.
Section 3. The City Manager is authorized {1} to execute a Grant Agreement between the City and
Action, in substantially the attached form, for pre -arranged transportation services, in an amount not to
exceed $142,605 for Fiscal Year 2009-2010, and in an amount not to exceed $350,000 for Fiscal Year
2010-2011, for a total amount not exceeding $492,605, with said funds allocated from Transportation
and Transit Special Revenue Fund 122001, Oracle Fund 15600, with the option of four (4) additional
one (1) year extensions subject to City Commission and budgetary approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS/
JULIE O. BRU
CITY ATTORNEY
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File Number: 10-01097
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: 10-01097 (Version: 2) Printed On: 9/30/2010