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HomeMy WebLinkAboutR-11-0379City of Miami Legislation Resolution: R-11-0379 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00837 Final Action Date: 9/27/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) 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: 2) Printed On: 10/18/2017 File Number: 11-00837 Enactment Number: R-11-0379 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} Footnotes: City of Miami Page 2 of 3 File Id: 11-00837 (Version: 2) Printed On: 10/18/2017 File Number: 11-00837 Enactment Number: R-11-0379 {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: 2) Printed On: 10/18/2017