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HomeMy WebLinkAboutAction Community Center Resolution970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 RE S OLUTION COMMUNITY CENTER, INC. THE BOARD OF DIRECTOR OF ACTION COMMUNITY CENTER, INC., A PRIVATE NON-PROFIT ORGANIZATION, HEREBY AUTHORIZES, MARIA P. ALBO, EXECUTIVE DIRECTOR OF THE ACTION COMMUNITY CENTER, INC., TO FILE, SIGNED AND EXECUTE AN APPLICATIONS, CONTRACTS, AGREEMENTS, ETC., ON BEHALF OF ACTION COMMUNITY THE BOARD OF DIRECTORS OF ACTION COMMUNITY CENl'hR, INC. Approved and Adopted: THIS 11TB day of March, 2011 ACTION COMMUNITY CENTER, INC. Irela Bague; Vice Chairman seal G®. D. Hvomdn. D.P.A AUNnafr'A&S. Mr . ,oa,y Mnr ronMr's. Funded through the City of Miami, Miami -Dade County, FDOT & Department of Elder Affairs & Alliance for Aging, Inc. 11/16/11 Crystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 11-00837 Type: Resolution Status: Mayor's Office for Signature Enactment#: R-11-0379 Enactment Date: 9/27/11 Version: 2 Introduced: 9/7/11 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFIHS (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 S87,500, TO THE GRANT AGREEMENT ("AGREEMENT') BETWEEN THE CITY, AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVECES 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,1N 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 fonn of pre -arranged transportation service to the residents of M iami 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 S142,605 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 • o ,procurement was invoked per Section 18-104(d) of the Code of the City ofiami, Florida, as amended ("City Code"); and WHEREAS, award of the new contract may not occur until the protest is resolved; and WHEREAS, in order to ccntinue 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 Lompetitive sealed egov.ci.miami.fl.us/LegistarWeb/temp/rep4A75.html 1/2 • 11/16/11 Crystal Report Viewer 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 S87,500 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 pendingprotest 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} egov.ci.miami.fl.us/LegistarWeb/temp/rep4A7p,html 2/2 Grant Agreement Between Action Community Center, Inc and the City of Miami For the Provision of Transportation Services This Grant Agreement is made, entered into, and effective as of the latest date set forth on the signature page hereto, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "the City," with its principal place of business located at 444 S.W. 2 Avenue in Miami, Fl 33130, and Action Community Center, a Florida non-profit corporation, hereinafter referred to as the "Contractor," with its principal place of business located at 970 S.W. 1 Street in Miami, FI 33130 (each, a "Party," and collectively, the "Parties"). WITNESSETII: 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 who are 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 Conunittee Substitute for Ilouse 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 agrees that an alternative form pre -arranged transportation service would be of benefit to eligible residents of Miami; and WHEREAS, pre -arranged transportation service would not duplicate the Miami - Dade Transit Special Transportation Service; and WHEREAS, the City Manager has determined that Action Community Center, Inc., a non-profit corporation established since 1971 and providing transportation services to the low to moderate income elderly and the disabled since its inception, offers the City the most advantageous agreement based on a combination of extensive experience, hands-on management, local resources, and, would minimize the adverse impact of reducing transportation services to many transit dependent riders in Miami; and WHEREAS, the Contractor will provide this pre -arranged transportation service to the eligible population of low to moderate income elderly and the disabled for a period of one (l)-yearnfor Fiscal Year 2010-11, and only the pri.oi• Fiscal:Year 2009-10 amount expressly included in the terms of this Agreement, and approved by the City of Miami; and . WHEREAS, on . or before the . expiration of the one (1) year term of this Agreement the City of Miami intends to competitively solicit these services in accordance with the applicable provisions of the City of Miami Procurement Ordinance: NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the City and Contractor agree as follows: ARTICLE 1 EXHIBITS AND DEFINITIONS DEFINED TERMS: As used herein the following terms shall mean: 1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Board of County Commissioners" shall mean the local legislative body of Miami -Dade County, a Home Rule Charter County. 1.3 "City Commission " shall mean the local legislative body of the City of Miami, a Florida municipal corporation located in Miami -Dade County, Florida. 1.4 "Contractor" shall mean any entity, public or private, providing pre -arranged . transportation services as described in this Agreement under contract to the City. The Contractor is Action Community Center, a Florida non-profit corporation. The Contractor is an independent Contractor of the City, and not an agent authorized to bind the City. The Contractor and its employees shall receive no City employment, vacation, health care, or any other City benefits or stipend. Any provisions of this Agreement that may appear to give the City any right to direct the Contractor concerning the details of operating its circulator bus transportation service, or to exercise any control over such performance, shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance. 1.5 "Pre -arranged transportation service" shall mean door-to-door, free of charge transportation services to the eligible population pre -arranged 24 hours in advance of service provision and for the trip purpose of visiting government and medical facilities, hot meal and food procurement, participating in recreational activities sponsored by public entities, and for personal rehabilitation. "Pre -arranged transportation service" for purposes of this Agreement will have the same meaning as "on -demand transportation services" as that term is defined by 2 §212.055(1) (e), Fla. Stat. (2010), as amended, which statute is deemed as being incorporated by reference herein. 1.6 "Eligible Population" for pre -arranged transportation services shall mean eligibility based on income, age, and disability and Miami residency. Low and moderate income persons and households qualify for services. Those levels are defined as incomes equal to or less than the U.S. IIUD Rental Subsidy Program (Section 8) low-income or very low-income limits established by IIUD annually. Age is defined as 65 years old or above. Disability and residency is verified by the participant submitting a Confidential Letter provided by the U.S. Social Security Administration. The participant may not be eligible for Special Transportation Service (STS); 1.7 "The City" shall mean the City of Miami and authorized representatives thereof. 1.8 "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof. 1.9 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. 1.10 "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized representatives thereof. 1.11 "Fares" shall mean individual transportation fees paid by passengers will not be required. 1.12 "STS", Special Transportation Service shall mean demand -response paratransit system, the component of the conventional transit system designed to provide comparable transit service to disabled individuals as mandated in the ADA. EXIIIBITS: Attached hereto and forming a part of the Agreement are the following Exhibits: Exhibit A Certificate of Liability Insurance from Action Conununity Center Exhibit B Action Community Center Budget for Pre -Arranged Transportation Services for July 1, 2010 — September 30, 2010 Exhibit C Action Community Center Budget for Pre -Arranged Transportation Services for October 1, 2010 — September 30,2011 Exhibit D Work Program Specifications for the Provision of Pre - Arranged Transportation Services Exhibit E Corporate Resolutions with Authorized Representative Statement 3 Exhibit F State of Florida Current Year Corporation Registration Certificate Exhibit G . Names, addresses .and.professional affiliation of Members Board of Directors ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Applicable Laws and Regulations. Compliance with laws includes, without limitation, approval by the Board of County Commissioners, by ordinance, resolution, or motion of the Board, that they approve the expenditure by the City of Miami of a portion of the Charter County Transit System Surtax granted to the City for pre -arranged transportation services, also known as on - demand transportation services. The approval by the Board of County Commissioners shall be required as a condition precedent to any payments being made by the City of Miami pursuant to the provisions of this Agreement. It is agreed by the parties that if such Board of County Commissioners approval is not obtained no payments will be made by the City of Miami under the terms of this Agreement. The Contractor shall have no recourse against the City for any failure to make a payment unless the requirements of this section have first been filly complied with. The Contractor shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local (e.g. County & City) , which are applicable to, or in any manner affect, the provision of the City of Miami Pre -arranged Transportation Services. The Contractor shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The Contractor shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 Vehicle Licensing. All vehicles utilized by Contractor to _provide transportation services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. 2.3 Vehicle Standards. Contractor's vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami -Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDT. All vehicles... utilized to . provide pre -arranged • transportation 'services authorized by this Agneeniei shall at all times display a 4 current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.4 Chauffeur Requirements. Contractor's vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT. 2.5 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of pre -arranged transportation services provided by the Contractor as an independent Contractor, of the City for the benefit of the City. 2.6 Compliance with ADA. The City's pre -arranged transportation services, as operated, directed, and managed by the Contractor shall comply with all applicable requirements of the ADA. To the extent that any terms of this Agreement are in conflict with the ADA, the requirements of the ADA shall control. 2.7 Compliance with Procurement Requirements. The Contractor agrees to comply with applicable federal, local, and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. 2.8 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County, the Contractor shall certify that it will have a drug -free workplace program. Further, the Contractor shall require pre -employment drug testing and other periodic drug testing for all persons holding safety -sensitive positions, as defined by USDOT, related to transit operations. Effective upon execution of the Agreement, the Contractor shall require that its employees comply with all applicable requirements of the USDOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.9 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signature of Contractor and of the City Manager, and are subject to prior authorization by the Miami City Commission. ARTICLE 3 CITY OF MIAMI PRE -ARRANGED TRANSPORTATION SERVICES 5 3.1 Fares. Contractor will not charge a fare for the use of the pre -arranged transportation services. 3.2 Use of Logo. The Contractor may wish to design a logo uniquely identifying its pre-arrangecl transportation service. Any logo will be subject to the written approval of the City Manager. If they do so, such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement. ARTICLE 4 INSURANCE The parties hereto acknowledge that the City is a self -insured governmental entity subject to the limitations of Section 768.28, F.S. The City Risk Manager shall collect and keep on file documentation of insurance of any and all private providers operating the City of Miami pre -arranged transportation service. At all times during the term hereof, the Contractor shall maintain insurance and bonding coverage acceptable to the City Risk Manager. Prior to commencing any activity under this agreement, the Contractor shall furnish to the City Risk Manager original certificates of insurance and bonding indicating that the Contractor is. in compliance with the insurance provisions (See Exhibit "A"). • The Contractor shall provide at minimum the following coverage: (i). Comprehensive General Liability and umbrella liability coverage in an amotmt not less than $300,000 per person per occurrence, protecting the City and the Contractor against liability incidental to the use of, or resulting from an accident occurring on or about, its property, including coverage for: (a) fire, explosion, collapse, and underground hazards, completed operations and independent contractors, and (b) automobile liability for all owned vehicles, as well as coverage for non -owned and hired automobiles. The City shall be named an additional insured for policies tinder this subsection (i). (ii) Workers' compensation insurance as required by the laws of the State of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the City Risk Manager. (iv) A bid bond or performance bond in such form as may be required by the City Risk Manager. Fidelity bonding for all persons handling funds received.or .disbursed. und.er.this - 6 Agreement in an amount equal to or greater than one third (1/3) the amount of the grand of funds hereunder. The City shall be named as Loss Payee. All such insurance shall insure the City aS.the primary additional insured, with a loss payable clause in favor of the City. The Contractor shall be required to furnish evidence of any other insurance coverage the City may reasonably require during the term of this Agreement. AU such policies shall require the insurance carrier to give the City at least 30 days prior written notice of termination, cancellation, expiration, or modification, and all such policies shall be written by insurance companies satisfactory to the City. There shall be no exclusions in such policies that override the City's coverage. Compliance with the foregoing requirements shall not relieve the Contractor of its liability and obligations under this section or under any other section of this Agreement. ARTICLE 5 INDEMNIFICATION 5.1 Indemnification By Provider. The Contractor shall pay and save the City, its officials and employees harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the Contractor's activities related to the Work Program or otherwise under this Agreement, including , without limitation, actions or claims by governmental( public) agencies claiming that these transportation services or their funding by the City are in violation , or in derogation of ,any applicable laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, or all acts or omissions to act on the part of the Contractor and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the City, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the City in the defense or investigation of any such claims or other matters. ARTICLE 6 FUNDING AND FINANCIAL ASSISTANCE 6.1 Payments. Any payments are subject to prior and full compliance with the requirements specified in Section 2.1 of this Agreement. All payments shall be reimbursements for pre -arranged transportation services in an amount not to exceed $142,605, as specified in Exhibit "B", for the period between July 1, 2010 through September 30, 2010, ancl, as specified in Exhibit "C", in an amount not to exceed $350,00.0 for a period of one year, October 1, 2010 through September 30, 2011. Funds will be appropriated froiii the- City's Transportation^ and Transit -Specialiaevenue Fund, the transit .portion of ;tlie _.Surtax, entitled. . "Grant To Action Community Center For Pre=Arranged Transportation Services. The City shall not be liable for any debt, obligation, fee, or cost beyond this amount or beyond this express time period. 6.2 Term. During the one (1) year term hereof and for a period of three (3) years following the date of the last payment made hereunder, the City shall have the right to review and audit the time records and related records of the Contractor pertaining to any payments by the City. 6.3 Request for Payment. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the City within thirty (30) calendar clays after the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. 6.4 Final Payment Request. The Contractor must submit the final request for payment to the City within 30 calendar clays following the expiration date or termination date of this Agreement. If the Contractor fails to comply with this requirement, the Contractor shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. 6.5 Payment Withholdings, Payment Reimbursements. Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the Contractor as a part of this Agreement and any modifications thereto. In the event of any claim, challenge, action , liability, action, cause of action or proceeding challenging the legality of this finding by the City, or of this Agreement , or of the selection of the Contractor to provide these services the City Manager, in his sole discretion , is authorized to withhold any pending or future payments due under this Agreement until such claim, challenge, action, liability; cause of action or proceeding is resolved in favor of the Contractor and the City , as applicable. Contractor shall have no recourse against the City for such action. The Contractor shall further promptly reimburse to the City any payments received under this Agreement if a court of competent jurisdiction enters a final order that such payments are in contravention of any applicable law, llle ,-"V1allan le"or-r GgCleL1V ..gVVGllllb-t1is- fllallg.-r1e-CoACL elaor shall have 1V recourse against the City for withholding payments under this section. ARTICLE 7 TERMS, MODIFICATIONS AND MISCELLANEOUS. PROVISIONS 7.1 Term of Agreement. This Agreement shall-comiilence following approval of the City :Commissioners of the City of Mean i aid upon ' hte execution anti.? =authorization -by the parties and shall ienain in„force; for _one y*.::.(1),_concuirent;... 8 with Fiscal Year 2010-11. The commencement date will be October 1, 2010 and the expiration date will be September 30, 2011, unless earlier cancelled as provided in this Agreement. .This Agreement does not provide for any renewals or extensions beyond the above stated time. It is the intention of the City of Miami to competitively solicit these or similar services on or before September 30, 2011. The Contractors Work Program is outlined under Exhibit "D". A specified sum of $142,605 has been allowed for eligible payments for expenses incurred by the Contractor in Fiscal Year 2009-10. 7.2 Renegotiation or Modification. Any substantive changes in the level of service to be provided by the Contractor as set forth herein shall only be implemented after the City has entered into a written agreement with Contractor describing the changed services. 7.3 Title VI and VII Civil Rights Act of 1964. The Contractor shall not unlawfully discriminate against any person because of race, color, sex, religious background, ancestry or national origin in the performance of the Agreement. 7.4 Termination for Cause. This agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Shuttle operations are in violation of health and/or safety -related provisions of state statutes or the Code of Miami -Dade County, in which case termination shall be as determined by the City Manager. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. 7.5 Termination without Cause. The City Manager may terminate this Agreement at the convenience of the City without cause upon no less than sixty (60) days written notice to the other party. All fimding obligations of the City shall automatically cease effective on the date of termination. 7.6 Notices. All notices and other communications required to be remitted pursuant to this Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: FOR TIIE CONTRACTOR: Action Community Center, Inc Maria P. Albo, Prin. Exec. Officer 970 SW First Street, Suite 304 Miami, Florida 33130 9 FOR CITY OF MIAMI: Office of the City Manager City Ilall 3500 Pan American, Drive Miami, Florida 33133 With a copy to: Office of the CIP Director City of Miami MRC Building 4/M SW 2"d Avenue, 8u, floor Miami, Fl. 33130-1910. 7.7 Complete and Binding Agreement This writing embodies the full and complete agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the parties. 7.8 Execution. This document shall be executed in four (4) counterparts, each of which shall be deemed an original. 7.9 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any proceedings between the parties shall be in Miami Dade County, Florida. In order to expedite litigation, the parties agree to voluntarily and knowingly waive their rights to a jury trial, to claim attorney's fees from the other or to file permissive counter claims in any proceedings arising out of this agreement. 7.10 Non -Assignment. This agreement is unique in nature. The Contractor shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City Commission's prior written approval, which approval may be unreasonably withheld. Any assignment in violation of this paragraph shall constitute a default and is grounds for immediate termination of this Agreement, at the sole discretion of •the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day'and year first above written. A FEST .,ter( /.�� (�t' Irela Bague, Vice Chairman Corporate Secretary ATTEST: Priscilla A. T lompson 6 . City Clericr,' l/ APPROVED AS TO CONTRACTOR Action Community Center, Inc. 970 SW First Street, Ste 304 Miami, Florida 33130 A Florida not -for -profit corporation „.4 Maria P. Albo Principal Executive Officer (Attach Corporate Resolution) SEAL CITY OF MIAMI, a municipal Corporation of the State of Florida By: Tony , E. Crapp, 1P� City Manager APPROVED AS TO LEGAL INSURANCE REQUIREMENTS: FORM AND CORRECTNESS: Gary Reshetslcy, Director 11 Julie 0. Bru City Attorney EX IT OP ID: RF '4 tCC)1? C.) CERTIFICATE OF LIABILITY INSURANCE �� DATE(/10O/YYIY) 03/10/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),-AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights td the certificate holder in lieu of such endorsement(s). PRODUCER 305-648-7070 Avante Insurance Agency, Inc. 7490 West Flagler Street 305-648-7090 Miami, FL 33144 Gabriela F. Dominguez CONTACT NAME: PHONE FAX PH E Ex!): (NC, No): E-MAIL ADDRESS: PRODUCER ACTIO-2 CUSTOMER ID ft: INSURERS) AFFORDING COVERAGE NAIC 11 INSURED Action Community Center Inc. 970 SW 1 Street #304 Miami, FL 33130 INSURER A;Associated Industries Ins Co INSURER B : Nationwide Ins Co of America INSURER c : National Liability & Fire INSURER D : ITT Hartford Insurance Company INSURER E : INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL I1NSR 5UBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/oD/YYYY( LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 B X COMMERCIAL GENERAL LIABILITY L ACP 5914302505 12/31/10 12/31/11 DAMAGETOHETd0UD PRE1v11SE5 (Ea occurcence) 5 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 5 5,000 PERSONAL & ADV INJURY 5 - 1,000,000 ' .—� GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: COMP/OPPRODUCTS - C0P/OP AGG 5 2,000,000 rI POLICY n,IECT PRO- I LOCAppn3vg,..u5 •AUTOMOBILE LIABILITY �? / COMBINED SINGLE LIMIT (Ea accident) 5 500,000 A ANY AUTO }' J BODILY INJURY (Per person) 5 ALL OWNED AUTOS - - ✓ BODILY INJURY (Per accident) 5 C C X X SCHEDULED AUTOS HIRED AUTOS 73APR259759 73APR259759 02/24/11 02/24/11 02/24/12 02/24/12 PROPERTY DAMAGE (Per accident) 5 C X NON -OWNED AUTOS 73APR259759 02/24/11 02/24/12 s $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS -MADE AGGREGATE 5 DEDUCTIBLE 5 RETENTION 5 5 WORKERS COMPENSATION WC STATU- X OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY 'ANY. PROPRIETOR/PARTNER/EXECUTIVE .Y �N. _.... AWC1005,72!.....______-.. ..-.. ..-...__11/20/10,.. __.11/2OI11...-..EL. E eCHACClncp7T...-_.._ .S..—.-..""-.__500,000_ ..A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N.I_A- E.L. DISEASE - EA EMPLOYEE 5 500,000 I1yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 B D Personal Property Bond ACP 5914302505 21BDDAH7807 12/31/10 07/02110 12/31/11 07/02/11 1000 Ded 20,600 500 Ded 100,000 DESCRIPTION DF OPERATIONS / LOCATIONS f VEHICLES Attach ACORD 1oi, Additional Remarks Schedule If more space is required) 5% Wind & Hail Deductible/ Location: 970 SW lst St. #304 Miami, FI 33172 Including as additional insured and Loss Payee City of Miami by virtue of written contract in respect to General Liability. CERTIFICATE HOLDER CANCELLATION CITYM33 City of Miami Department of CIP and Transp. Office of City. Manager 444 SW 2nd Ave 10th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE ".WITH . THE POLICY "PROVISIONS AUTHORIZED REPRESENTATIVE 44:LGZro LkiniK c ACORD 25 (2009/09) © 1968-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT B CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY: ACTION COMMUNITY CENTER, INC. FISCAL YEAR: 07-01-10 TO 09-30-10 FUNDING SOURCE: TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001 ITEM SALARIES .- Executive Director F/T 17,142 ] .- Bookkeeper F/T 9,637 1.- Bus Driver/Manager F/T 9,151 I.- Bus Driver F/T 6,617 FRINGE BENEFITS FICA: 6.20% of salaries MICA: 1.45% of salaries WORKER'S COMP. 5.21% drivers and .46% clerks FLA UNEMPLOYMENT: 0.0331 ofS7,000 of salaries GROUP HEALTH INSURANCE: Yearly estimated GASOLINE: Yearly estimated + increase MAINTENANCE & REPAIRS: Yearly estimated LICENSES & FEES: Yearly estimated TELEPHONE SERVICES: Yearly estimated (Telephone service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance. SPACE RENTAL: Based in the contract rate & deposit+ estimated increase. AUDITING SERVICES: Based on last year. PROFESSIONAL SERVICES:Part of yearly estimated. OFFICE SUPPLIES:Estimated yearly expenses such as copy papers, pens, file folders, printers and fax toner. MATCHING FUNDS: Based on last year contract required to obtain Alliance for Aging Inc. Grant. TOTAL BUDGET Unpaid Salaries: Fica/Mica: Fla Unemployment Group Deltal Insurance Gasoline: Space Rental: TOTAL UNPAID EXPENSES: GRAND TOTAL AMOUNT: $ 42,547.00 2,640.00 618.00 1,572.00 66.00 601.00 6,150.00 9,747.00 1,004.00 4,617.00 2,020.00 4,500.00 2,093.00 2,370.00 8,455.00 $ 89,000.00 39,602.00 3,031.00 450.00 148.00 2,344.00 8,030.00 53,605.00 $ 142,605.00 EX T C CITY OF MIAAII BUDGET NARRATIVE BY LINE -ITEM AGENCY: ACTION COMMUNITY CENTER, INC. FISCAL YEAR: 10-01-10 TO 09-30-11 FUNDING SOURCE: TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001 ITEM SALARIES 1.- Executive Director F/T 66,900 1.- Bookkeeper F/T 38,640 1.- Secretary F/T 20,880 1.- Bus Driver/Manager F/T 36,120 2.- Bus Driver F/T @ 25,820 51,640 2.- Bus Driver P/T 0) 12,910 25,820 FRINGE BENEFITS FICA: 6.20% of salaries MICA: 1.45% of salaries WORKER'S COMP. 5.21% drivers and .46°A, clerks FLA UNEIVIIPLOYMENT: 0.0331 of 57,000 of salaries GROUP HEALTH INSURANCE: Yearly estimated GASOLINE: Yearly estimated + increase MAINTENANCE & REPAIRS: Yearly estimated LICENSES & FEES: Yearly estimated TELEPHONE SERVICES: Yearly estimated (Telephone service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance. SPACE RENTAL: Based in the contract rate & deposit+ estimated increase. AUDITING SERVICES: Based on last year. PROFESSIONAL SERVICES:Part of yearly estimated. OFFICE SUPPLIES:Estinrated yearly expenses such as • copy papers, pens, file folders, printers and fax toner. IV1A tL1-11lV(J1' U1VDJ:-lsase[i-on rant"jeai'"Cone-ac[ Yec]uu'ea ""- --" " to obtain Alliance for Aging Inc. Grant. FDOT MATCIIING FUNDS: To purchase a new bus. TOTAL BUDGET AMOUNT: $ 240,000.00 14,885.00 3,485.00 6,500.00 965.00 32,750.0D 5,000.00 2,475.00 460.00 3,500.00 6,925.00 8,200.00 3,500.00 2,000.00 900.00 10,000.00 $ 350,000.00 EXHIBITD NO. YEAR MAKE 2 2003 FORD/bus 4 2005 FORD/van 20.06 _FORD/van. EXHIBIT D ACTION COMMUNITY CENTER, INC. WORK PROGRAM SPECIFICATION FOR THE PROVISION OF PRE -ARRANGED TRANSPORTATION SERVICES CONTRACT TERM: JULY 01, 2010 - SEPTEMBER 30, 2010 CONTRACT TERM: OCTOBER 1, 2010 — SEPTEMBER 30, 2011 RECOGNIZING THAT: The Agency as -a -whole and through its combined sources of funding operates pre- arranged transportation program for passengers who are City of Miami residents and low - to moderate income elderly and the disabled. The following work program specifications for the total operation of the pre -arranged transportation program during the contract year is hereby outlined and complies with the City of Miami transportation requirements. I. PROGRAM will provide an alternative form of pre -arranged transportation service to the City of Miami residents who are also low -to moderate income elderly and the disabled during the contract term. II. Any of the five (5) vehicles, registered in the name of the Agency, will be used to transport City of Miami eligible passengers and are identified as follows: III. BUS DA 1'B OF Seat PURCHASE & wheelchair 07/31/03 FUNDING VIN No. COST SOURCE 24 1FDXE45F031-1A86447 $53,716 DOT 05/05/05 7+1 w/c 1FDWE35S751-1A08885 $46,685 DOT 05i_10/06___7+1.,aw/c ._1FD.WE3.5S151-1B32292 _..$48282.__._D.OT- 9 2004 FORD/bus 04/02/04 24 1FDXE45S54HA28154 $52,846 CD Donation 10 2002 FORD/van 01/02/02 7 2FMZA51462BA62949 $23,855 CBO IV. The contractor will maintain records of daily transportation logs documenting eligible population for the transportation service and reporting the monthly boarclirgs by trip purpose. The monthly reports shall include demographic information on the passengers including income and, if applicable, disability status. The contractor will maintain updated, complete and accurate records during the contract term andwi l retainthem in one central place at 970 SW First Street, Suite No 3`0�1 _Miami FL 33130. 1 EXIIJ E 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 RESOLUTION COMMUNITY CENTER, INC. THE BOARD OF DIRECTOR OF ACTION COMMUNITY CENTER, INC., A PRIVA LE NON-PROFIT ORGANIZATION, HEREBY AUTHORIZES, MARIA P. ALBO, EXECUTIVE DIRECTOR OF THE ACTION COMMUNITY CENTER, INC., TO FILE, SIGNED AND EXECUTE AN APPLICATIONS, CONTRACTS, AGREEMENTS, ETC., ON BEHALF OF ACTION COMMUNITY THE BOARD OF DIRECTORS OF ACTION COMMUNITY CENTER, INC. Approved and Adopted: TIES 11TFI day of March, 2011 ACTION COMMUNITY CENTER, INC. Ire1a Bague, Vice Chairman seal Grua G. HQsank.. D.P.A Allinnce/or.klna, Sccoczary Anan+ o14411c. Funtied through the City of Miami, Miami -Dade County, FDOT & department of Elder Affairs & Alliance for Aging, Inc. AUTHORIZED REPRESENTATIVE STATEMENT Provide the name(s) and telephone number of the percon(s) who has been designnted the responsibility within the following areas: POSJTJO)4 24AM13 TELEPHONE NUMBER Chairman of the Board Ernesto A. Alzoln (305) 553-5368 Executive Director Project Maria P. Albo (305) .5415-9298 Director Affimintive Action Officer Personnel Officer Fiscal )vianegement Officer .Ireln Hague/ Vice Channan (305) 545-929E I. PERSONS) AUTHORIZED TO SIGN CHECKS NAME; Irels Bague TITLE: ViceChairman • 1'LLEPHONB: (305) 545-9298 NAME: Jvinrin P. Albo TITLE: Executive Director : TELEPHONE: (305) 545-9298. // SIGN/.TLfilj�crP SIGNAL ./ . 2. - PERSON(S) AUTHORIZED TO SION RE1 BURSEMENTPACKAGES NAME: Maria P. Albo NAME: Lina M. Cruz TITLE: Executive Director TITLE: Bookea.er TELEPHONE: (305) 545-9298 ELEPHONE: 30 SIGNATURE'`�/La�C ✓ c� 7 44 ' SIGNATURE: 3• PERSON(S) AUTHORIZED TO SIGN CONTRACTS NAIB: Ircla Bague TITLE: Vice Chairman TELEPHONE: 545-9298 SIGNAT Q coo r SIGNATURE: �¢ 298 NAME: Maria P., Albo TITLE: Executive Director . TELEPHONP: 1305) 545-9298 '"Persons Authorized to Piclamo Maria P. A.lbo. Linn M. Crer. A-. Lnznro F.rnnn ,'._ „.,._„_.,. __ Reimbursement Cheek: • ' Action Commun)ty Center, Inc, I..• ht,.,c di. 970 S.W,. FIf1ST STREET ii.•. Sl'11TE'3b4rl.r MIAMI, FLORIDA 33130 PHONE (305) 545=9298I I"'r' :'l '' FAX: (305) 545-0203 : I'i;:i'1 W. V !I;C I: •_ ra CORPORATE RESOLUTION COMMUNITY CENTER, INC. WHEREAS, the Board of Directors of Action Community Center, Inc., has examined the terms, Conditions and obligations of the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly and Handicapped in the amount of $142,605.00 WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; and WHEREAS, all the other terms of the Agreement shall remain in full force, NOW therefore, be it resolved y the Board of Directors of Action Community Center, Inc., that any Officer of the Corporation, whose name and title appears below are authorized and instructed to . execute the Agreement for and on behalf of Action Community Center, Inc. °NAIVIE..OF'THE OFFICERS AND TITLE:' ' Ernesto A. Alzola, Chairman Ire1a Bague, Vice Chairman Dr. Domingo J. Acosta, Secretary Mercy Montes de Oca, Treasurer This Resolution was duly passed and adopted this 1st day of September, 2010. • ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. Irela Bague, Vice Chairman G®. O. y,tr,,,p,y p.m I!k ,r /or4Ms, hir Smeary Mars Aring.. r Funded through the City of Miami, Miami -Dade County, FpDO`i' & Department of Elder Affairs & Alliance for Aging, Inc. 97.0 S.W. FIRST STREET y t t SUITE 304 I' 1 .'1'.I .11 t I:"'' .:.., 1 11FM1 G"� it 6 l.i , i .. I., MIAMI, FLORIDA 33130 7,70,g7 .rg171.a PHONE: (305)'545=.'929611 I'1 .. 'I,•4;..w,dr r _, h.,, FAX: (305) 545-0203 i I. ; .. I'tlil .>i: CORPORATE RESOLUTION COMMUNITY CENTER, INC. WHEREAS, the Board of Directors of Action Conununity Center, Inc., has examined the terms, Conditions and obligations of the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly and Handicapped in the amount of $ 350,000.00 WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; and WHEREAS, all the other terms of the Agreement shall remain in full force, NOW therefore, be it resolved y the Board of Directors of Action Community Center, Inc., that any Officer of the Corporation, whose name and title appears below are authorized and instructed to execute the Agreement for and on behalf of Action Community Center, Inc. NfAXEDF TIIE'OFFICERS AND TITLE: Ernesto A. Alzola, Chairman Irela Bague, Vice Chairman Dr. Domingo J. Acosta, Secretary Mercy Montes de Oca, Treasurer This Resolution was duly passed and adopted this 151 day of September, 2010. . ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. Irela Bague, Vice Chairman G, .s. G. Hcumkc D.P.A Sc..nry Alliance fur Aging, hlr Anunrs on A(i'G �.e Funded through the City of Miami, Miami -Dade County, F.DJT, & Department of Elder Affairs & Alliance for Aging, Inc. EXH .1 State o Florida Department of State I certify from the records of this office that ACTION COMMUNITY CENTER, INC. is a corporation organized under the laws of the State of Florida, filed on September 8, 1971. The document number of this corporation is 721665. I further certify that said corporation has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on March 11, 2011, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Seventeenth day of March, 2011 Secretary of State Authentication ID: 000.197546130-031711-721665 To authenticate this ccrtificate,visit the following site, enter this ID,.nnd then follow the instructions displayed. littps://elite.sunbiz.org/certauthver.html www.sunbiz.org - Department of State Page 1 of 1 11 Ilil i Florida Department of State Division of Corporations i i i 11 11 i 721665-----I4000197546 30 111 i i If Please print and return this page, along with your check or money order, to the Division of Corporations 2011 Annual Report Payment Voucher For Office Use Only Name of Entity: ACTION COMMUNITY CENTER, INC. Document Number: 721665 Tracking number: 000197546130 Election Contribution: No Certificate of Status: Yes Total Amount Due: $70.00 • Please make check, or money order payable to: Florida Department of State Remove the check stub, if applicable • Staple check in the top left hand corner of this voucher • . Mail to: Division of Corporations, P.O. Box 5198, Tallahassee, FL 32314 This voucher must be received by the Division of Corpora within 30 days or it will be considered abandoned. Daytime telephone number for possible processing questions: https://efile.sunbiz: org/scripts/ubrclilc.exe • 3/11/2011 CAR B—OUT OE LUXE CHECK PRINTERS. INC. DOUG-E VOUCHER ACTION COMMUNITY CENTER, INC. P H . 305-59 5-9298 970 SW. 1ST STREET, SUITE 304 MIAMI, FLORIDA 33130 March 11, 201 PAYToTHE FLORIDA DEPARTMENT OF STATE. $ 70.00 ORDER OF SEVENTY_AND__ DO /100 RANSATLANTIC BANK 1500 SAN REMO CORAL GABLES. FLORIDA 33146 vim 2 2 1 in' eI:06?01 18 251: 0100508 2211 63-1162/670 R-S— �1 ACTION COMMUNITY CENTER; INC. DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK 15 IN PAYMENT OF ITEMS DESCRIBED BELOW. IF'NOT CORRECT PLEASE'NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM DVO-3 V-2 DATE DESCRIPTION AMOUNT 03-11-11 FLORIDA DEPARTMENT OF STATE. Licenses & Fees Document 4#721665. Other Inicome $70.00 EXI 1BIT G 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 CHAIRMAN: COMMUNITY CENTER, IN( .BOARD OF DIRECTORS ERNESTO A. ALZOLA 1101 SW 103R1) COURT MIAMI, FLORIDA 33174 TELEPHONE: (305) 553-5368 VICE CHAIRMAN: IRELA BAGUE 15 MADEIRA AVENUE, APT. 6 CORAL GABLES, FLORIDA 33134 TELEPHONE: (305) 567-0464 SECRETARY: DR. DOMINGO J. ACOSTA 3950 SW 2ND STREET MIAMI, FLORIDA 33134 I ELEPHONE: (305) 442-1174 TREASURER MERCY MONTES DE OCA 502 NW 871.11 AVENUE, APT. 106 MIAMI, FLORIDA 33172 TELEPHONE: (305) 552-0647 LEGAL REPRESENTATIVE RICHARD A. ALAYON, ESQ. .4551 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPHONE: (305) 221-2110 MEMBER: JOSE A. FULGUEIRA 3122 NW FLAGLER TERRACE MIAMI, FLORIDA 33125 TELEPHONE: (305) 545-4340 'J_I mrinrl Ff�rr�i �r,}+ N,o ("ih, nff IlJliom1 Rjliami_ilarlo (Inv )nf i City of Miami Text File Report City Hall 3500 Pan American Drive Mianii, FL 33133 Www.mialnlgov.com File ID: 10-01097 Enactment #: R-10-0506 Version: 3 Type: Resolution Introduced: 9/8/10 Status: Passed Enactment Date: 11/18/10 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),BY A FOUR -FIFTHS (4/5T1-IS) 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 THIE 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, 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. W11ElllllAiS;'it-iJ des la le—to'prVYWe,an-altern t1,:c oraro I'.pre allange&tr nsporlatio I'se11'Icc'to't11C'I esldents of 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/HI3) 127'1, 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, hie. ("Action") has procicd a relinlile iind • much needed,transportation service to many monthly riders in Miami who arcextrcinely low-income elderly and whotire City ol'i'limni - I'ngc 1 Printed on 3/11/2011 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 exeente a Grant Agreement with Action for prearranged 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; ancl, WHEREAS, at the end of the one(I) year contract term the City intends to competitively solicit this vital community service ; NOW, TH13REFORE, BE IT RESOLVED B1' THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution arc 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 scaled 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, fora total amount not exceeding $492,605, with said funds allocated from Transportation and Transit Special Revenue Fund 122001, Oracle Fund 15600, for a one (l) 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} Cityot'Mimni Pogo 2 Printed on 3/11/2011