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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00837
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, 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 18-85(a) AND
18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $87,500, TO
THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION
COMMUNITY CENTER, INC.; FOR PRE -ARRANGED TRANSPORTATION
SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI
RESIDENTS; FURTHER AUTHORIZING A THREE (3) MONTH EXTENSION TO
THE AGREEMENT 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;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF
THE TRANSIT SURTAX.
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 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 in the
amount of $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 Code of the City of Miami,
Florida, as amended ("City Code"); and
WHEREAS, award of the new contract may not occur until the protest is resolved; and
City of Miami
Page 1 of 3 File Id: 11-00837 (Version: 1) Printed On: 9/12/2011
File Number: 11-00837
WHEREAS, in order to continue said services to eligible City residents and avoid undue hardship,
especially to the low to moderate income elderly or the disabled, the City Manager has determined that
it is necessary to waive competitive sealed bidding procedures pursuant to Sections 18-85(a) and 18-
90 of the City Code; and
WHEREAS, said findings are attached and incorporated; and
WHEREAS, the City Manager is authorized to execute Amendment Number 1 to the Agreement, in
substantially the attached form, increasing the Agreement by an amount not to exceed $87,500 and
further extending the Agreement by an additional 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, funds are to be allocated from the City's share of the Transit 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, the City Manager's emergency findings, that it
is most advantageous for the City to waive competitive sealed bidding procedures, pursuant to
Sections 18-85(a) and 18-90 of the City Code, are ratified, approved and confirmed, for the purpose of
entering into an Amendment for pre -arranged transportation services with Action Community Center,
Inc.
Section 3. The City Manager is authorized {1 } to execute Amendment Number 1 to the Agreement,
in substantially the attached form, increasing the Agreement by an amount not to exceed $87,500;
further extending the Agreement by 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, unless the Agreement is earlier terminated, with funds
allocated from the City's share of the Transit Surtax.
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. 11-00837
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: 11-00837 (Version: 1) Printed On: 9/12/2011