HomeMy WebLinkAboutExhibit 1CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Johnny Martinez, P.E.
City Manager
Kenneth Robertson,
Director / Chief Procurement Officer
Albert Sosa, P.E., Director
Capital Improvements Progra
DATE : FILE
November 15, 2011
SUBJECT :
Finding: Extend Agreement
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 (4/5ms) 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 was
extended by a three (3) month period from September 30, 2011 to December 31, 2011. Said extension was
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 occurred first.
At the December 15, 2011 City Commission meeting, City staff is presenting the bid protest recommendation.
At that time, should the City Commission deny the protest and authorize award of a contract to the proposer
selected by the selection committee, it will be necessary to extend Action's grant agreement by an additional
two (2) months to allow for a transitional period.
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 $58,334; further extending the Agreement by a two (2) month period from December
31, 2012 to February 29, 2012.
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
.:.:. _.._,. ,... _,...... Finding Memo
Action Community Center, Inc.
Page 1.of 2
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.
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:
;t
JohniMartinez,
City ager
Approved:
Kenneth Robertson
Director / Chief Procurement Officer
Finding Memo: --
Action Community Center, Inc.
,.,_ Page 2 of 2
CITY OF MIAIVMl
AMENDMENT NO. 2 TO THE GRANT AGREEMENT
WITH ACTION COMMUNITY CENTER, INC.
FOR PRE -ARRANGED TRANSPORTATION SERVICES
This Amendment No. 2 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.
("Action") 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 would not occur until the protest is resolved; and
WHEREAS, pursuant to Resolution No. 11-0379, adopted September 27, 2011, the City
Commission authorized the execution of Amendment No. 1, increasing the Agreement by
$87,500; further extending the Agreement by a three (3) month period from September 30, 2011
to December 31, 2011; and
WHEREAS, the City Manager's Bid Protest recommendation is being presented to the City
Commission concurrently for approval; and
WHEREAS, should the City Commission deny the protest and authorize award of a contract, a
two (2) month extension to Action's Agreement is necessary allowing for a transitional period;
and
WHEREAS; it is in the best interest of the City to increase Action's Agreement by an amount not
to exceed $53,334; further extending the Agreement -by a two (2) month period from December
31, 2011 to February 29, 2012; and
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WHEREAS, said extension is for a two (2) month period or until 30 days after 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 $53,334 for a period of two (2) months from December 31, 2011 through
February 29, 2012 or until 30 days after 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 two (2) month period from December 31, 2011 to February
29, 2012 or until 30 days after 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.
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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:
By:
CONTRACTOR
ACTION COMMUNITY CENTER, INC., a
Florida not -for -profit corporation
By:
Maria P. Albo
Irela Bague, Vice Chairman Principal Executive Officer
Corporate Secretary
(Attach Corporate Resolution)
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