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Home My WebLink AboutR-10-0506City of Miami Legislation Resolution: R-10-0506 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01097 Final Action Date:11/18/2010 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 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 ONE (1) YEAR, ANY DISBURSEMENT OF MONEY WILL SUBJECT TO PRIOR BOARD OF COUNTY COMMISSION APPROVAL FOR THIS EXPENDITURE 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, FORA 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 City of Miami Page 1 of 3 File Id: 10-01097 (Version: 3) Printed On: 8/15/2017 File Number: 10-01097 Enactment Number: R-10-0506 management, 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, for a one (1) year term subject to the prior approval of the Board Of County Commissioners as to the expenditure of Charter County Transit System Sales Surtax for pre -arranged transportation services and budgetary approval; and, WHEREAS, at the end of the one(1) year contract term the City intends to competitively solicit this vital community service ; 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 18-90 (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, for a one (1) year term subject to the Board of County Commissioners approval that this is an appropriate expenditure of Charter County Transit System moneys, and budgetary approval. No payments will be made by the City of the amounts provided for in this Resolution until all conditions of this Resolution have been met. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} City of Miami Page 2 of 3 File Id: 10-01097 (Version: 3) Printed On: 8/15/2017 File Number: 10-01097 Enactment Number: R-10-0506 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: 3) Printed On: 8/15/2017