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Home My WebLink AboutExhibit-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Johnny Martinez, P.E. City Manager DATE: September 9, 2011 ALE : Kenneth Robertson, suaiECT: Emergency Finding: Extend Agreement Director / Chief Procurement Office FROM : Albert Sosa, P.E., Director Capital Improvements Program for Pre -arranged Transportation Services REFERENCES: ENCLOSURES: BACKGROUND Pursuant to City of Miami Resolution No. 10-0506, the City Commission authorized a bid waiver via a four - fifths (4/5'"s) vote for the award of a Grant Agreement (Agreement) with Action Community Center, Inc. (Action) for pre -arranged transportation services for the City's low-income, elderly and/or disabled residents. Said bid waiver authorized the City to allocate $142,605 for Fiscal Year 2009-10 and $350,000 for Fiscal Year 2010-11, for a total to not exceed $492,605, from the City's Charter County Transit System Sales Surtax (Transit Surtax). The City's resolution noted its intent to competitively solicit this service by the end of the contract term (1 year). On June 24, 2011, the City's Procurement Office, in collaboration with the Capital Improvements Program and the Office of Transportation, issued Request for Proposals (RFP) 274276,1 to procure On -Demand Transportation Services for the;City's low-income, disabled and/or elderly residents. The City received a Formal Bid Protest of Award for RFP No. 274276,1 on August 29, 2011, and a stay of procurement was invoked per Section 18-104(d) of the City Code. Award of the new contract may not occur until the protest is resolved. In order to avert a suspension of on -demand transportation services to eligible City residents and avoid undue hardship, especially to the low to moderate income elderly and/or the disabled, Action's Agreement needs to be extended by a three (3) month period from September 30,.2011 to December 31, 2011. Said extension is for a three (3) month period or until the pending protest is resolved and a Notice to Proceed is issued for the subsequent contract, whichever occurs first. FINDING The City Administration finds that it is in the best interest of the City to increase Action's Agreement by an amount not to exceed $87,500; further extending the Agreement by a three (3) month period frqm September 30, 2011 to December 31, 2011. As the current transit provider, Action will be able to provide uninterrupted service until the protest process is satisfactorily resolved. Approving this bid waiver will minimize. the adverse impact of interrupting the service on the many transit dependent riders who utilize the program. To accomplish this, it is necessary to waive the competitive sealed bidding requirements set forth in the Code of the City of Miami, as amended (City Code), pursuant to Sections 18-85(a) and 18-90. As provided in accordance with Sections 18-85(a) and 18-90 of the City Code, we recommend that the City Manager affirm and adopt these findings and forward the matter to the City Commission for its approval. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM RE1 ON 9/a,hi Emergency Finding Memo Action Community Center, Inc. Page 1 of 2 / - ooS37 Exhibif-Sua THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Your signature below will indicate your concurrence with the above recommendation and your acceptance of these findings as your own justification for the waiver of competitive bidding procedures and recommendation to extend and increase Action's Agreement. Approved: Johnn, artinez, City ager Approved: ^Gci. Kekneth Robertson, Director / Chief Procurement Officer Emergency Finding Memo Action Community Center, Inc. Page 2 of 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CITY OF MIAMI AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH ACTION COMMUNITY CENTER, INC. FOR PRE -ARRANGED TRANSPORTATION SERVICES This Amendment No. 1 to the Grant Agreement dated March 22, 2011 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Action Community Center, Inc., a Florida non-profit corporation ("Contractor"), for the provision of Pre- arranged Transportation Services ("Services") is entered into this day of , 2011. RECITALS 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/or disabled; and WHEREAS, pursuant to Resolution No. 10-0506, adopted November 18, 2010, the City Commission authorized the execution of a grant agreement with Action Community Center, Inc. for Pre -arranged Transportation Services, in the amount of $142,605 for Fiscal Year 2009-2010 and $350,000 for Fiscal Year 2010-2011; and WHEREAS, the Capital Improvements Program ("CIP") and the Office of Transportation procured through the Purchasing Department a Request for Proposals ("RFP") No. 274276,1 on June 24, 2011 to procure a qualified and experienced company to operate an On -Demand Transportation Service for the City; and WHEREAS, the City received a Formal Bid Protest of Award for RFP No. 274276,1 on August 29, 2011, and a stay of procurement was invoked per Section 18-104(d) of the City Code; and WHEREAS, award of the new contract may not occur until the protest is resolved; and WHEREAS, it is in the best interest of the City to increase Action's Agreement by an amount not to exceed $87,500; further extending the Agreement by a three (3) month period from September 30, 2011 to December 31, 2011; and WHEREAS, said extension is for a three (3) month period or until the pending protest is resolved and a Notice to Proceed is issued for the subsequent contract, whichever occurs first; and WHEREAS, the City Commission has adopted Resolution No. , approving an increase to the Agreement and a term extension; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. Article 6, Section 6.1, entitled "Payments" is hereby amended, in an amount not to exceed $87,500 for a period of three (3) months from September 30, 2011 through Page 1 of 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. December 31, 2011 or until the pending protest is resolved and a Notice to Proceed is issued for the subsequent contract, whichever occurs first. Funds will be appropriated from the City's share of the Transit Surtax. 2. Article 7, Section 7.1, entitled "Term of Agreement" is hereby amended extending the expiration for an additional three (3) month period from September 30, 2011 to December 31, 2011 or until the pending protest is resolved and a Notice to Proceed is issued for the subsequent contract, whichever occurs first. 3. All other terms and conditions of the Agreement are in effect and remain unchanged. THE CITY OF MIAMI, FLORIDA (SEAL) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida ATTEST: By: By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru, City Attorney Calvin Ellis, Director Risk Management Department ATTEST: CONTRACTOR ACTION COMMUNITY CENTER, INC., a Florida not -for -profit corporation By: By: Maria P. Albo Irela Bague, Vice Chairman Principal Executive Officer Corporate Secretary (Attach Corporate Resolution) Page 2 of 2 SUBSTITUTED TO Johnny Martinez, P.E. City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE • September 9, 2011 FILE Kenneth Robertson, sua.IECT: Emergency Finding: Extend Agreement for Pre -arranged Transportation Services REFERENCES: ENCLOSURES: irector / Chief Procurement Office FROM'_ AI: Sosa, P.E., Director Capi Improvements Program BACKGROUND Pursuant to City of Miami 'esolution No. 10-0506, the City Commission authorized a bid waiver via a four - fifths (4/5`"s) vote for the a rd of a Grant Agreement (Agreement) with Action Community Center, Inc. (Action) for pre -arranged tran .rtation services for the City's low-income, elderly and/or disabled residents. Said bid waiver authorized the to allocate $142,605 for Fiscal Year 2009-10 and $350,000 for Fiscal Year 2010-11, for a total to not excee• 92,605, from the City's Charter County Transit System Sales Surtax (Transit Surtax). The City's resoluti. noted its intent to competitively solicit this service by the end of the contract term (1 year). On June 24, 2011, the City's Procurement the Office of Transportation, issued Req Transportation Services for the;City's low-inc Formal Bid Protest of Award for RFP No. 274 invoked per Section 18-104(d) of the City Code. resolved. ice, in collaboration with the Capital Improvements Program and st for Proposals (RFP) 274276,1 to procure On -Demand e, disabled and/or elderly residents. The City received a 1 on August 29, 2011, and a stay of procurement was A 'rd of the new contract may not occur until the protest is In order to avert a suspension of on -demand transportatiservices to eligible City residents and avoid undue hardship, especially to the low to moderate income elderly . d/or the •disabled, Action's. Agreement needs to be extended by a three (3) month period from September 30, 011 to December 31, 2011. Said extension is for a three (3) month period. or until the pending protest is reso :d and a Notice to Proceed is issued for the subsequent contract, whichever occurs first. FINDING The City Administration finds that it is In the best interest of the City to in. -ase Action's Agreement by an amount not to exceed $87,500; further extending the Agreement by a three ( onth period from September 30, 2011 to December 31, 2011. As the current transit provider, Action will be able to provide uninterrupted service it the protest process is satisfactorily resolved, Approving this bid waiver will minimize the adverse impact o •terrupting the service on the many transit dependent riders who utilize the program. To accomplish this, it is necessary to waive the competitive sealed bidding requirements se .rth in the Code of the City of Miami, as amended (City Code), pursuant to Sections 18-85(a) and 18-90. provided in accordance with Sections 18-85(a) and 18-90 of the City Code, we recommend that the City - •ager affirm and adopt these findings and forward the matter to the City Commission for its approval. Emergency Finding Action Community Center, I Page 1 of SUBSTITUTED our signature below will indicate your concurrence with the above recommendation and your acceptance of t' se findings as your own Justllcation for the waiver of competitive bidding procedures and recommendation to : end and increase Action's Agreement. / Approved: It� I 1 ii.,� Joh '1 artinez, P. City kl ager Approved: Ke ' neth Roo son, Director / Chie rocurement Officer Emergency Fi Action Community g Memo ter, Inc. Pa• 2 of 2 This Arne between th Community C arranged Tran SUBSTITUTED CITY OF MIAMI AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH ACTION COMMUNITY CENTER, INC. FOR PRE -ARRANGED TRANSPORTATION SERVICES ment No. 1 to the Grant Agreement dated March 22, 2011 (the "Agreement") ity of Miami, a municipal corporation of the State of Florida ("City"), and Action ter, Inc., a Florida non-profit corporation ("Contractor"), for the provision of Pre- ortation Services ("Services") is entered into this . day of 011. RECITALS WHEREAS, it is desirable . provide an alternative form of pre -arranged transportation service to the residents of Miami wh. -re low and moderate income elderly and/or disabled; and WHEREAS, pursuant to Reso tion No. 10-0506, adopted November 18, 2010, the City Commission authorized the execu. •n of a grant agreement with Action Community Center, Inc. for Pre -arranged Transportation Se es, in the amount of $142,605 for Fiscal Year 2009-2010 and $350,000 for Fiscal Year 2010-20 ; and WHEREAS, the Capital Improvements procured through the Purchasing Departme June 24, 2011 to procure a _qualified and Transportation Service for tFe City; and., rogram ("CIP") and the Office of Transportation a Request for Proposals ("RFP") No. 274276,1 on e •erienced company to operate an On -Demand WHEREAS, the City received a Formal Bid Protes Award for RFP No. 274276,1 on August 29, 2011, and a stay of procurement was invoked pe ection 18-104(d) of the City Code; and WHEREAS, award of the new contract may not occur unti e protest is resolved; and WHEREAS, It is in the best interest of the City to increase Act 's Agreement by an amount not to exceed $175,000; further extending the Agreement from Se ember 30, 2011 to March 31, 2012; and WHEREAS, the City Commission has adopted Resolution No. -pproving an increase to the Agreement and a term extension; NOW THEREFORE, in consideration of the foregoing, the parties hereby amd the Agreement as follows: 1. Article 6, Section 6.1, entitled "Payments" is hereby amended, in an a •ount not to exceed $175,000 for a period of six months, September 30, 2011 through arch 31, 2012. Funds will be appropriated from the City's share of the Transit Surtax. Page 1 otz (o-)3-7 SUBSTITUTED 2. Article 7, Section 7.1, entitled "Term of Agreement" is hereby amended extending the expiration for an additional six (6) months, from September 30, 2011 to March 31, 2012. 3. All other terms and conditions of the Agreement are in effect and remain unchanged. THE CITY OF MIAMI, FLORIDA (SEAL) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida ATTEST: By: By: Priscilla A. Thompson, y Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM • D APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru, City Attomey Calvin Ellis, Director Risk Management Department CONTRACTO ATTEST: By: Irela Bague, Vice Chairman Corporate Secretary ACTION Florida not - By: Maria P. Albo Principal Executive ► icer MMUNITY CENTER, INC., a -profit corporation (Attach Corporate Resol Page 2