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HomeMy WebLinkAboutR-18-0375City of Miami Resolution R-18-0375 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4719 Final Action Date: 9/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND RETROACTIVELY APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE CROSS BAY TROLLEY ROUTE ("ROUTE") OPERATION SERVICES, WITH MIAMI EXPRESS TRANSPORTATION COMPANY INC, A FLORIDA PROFIT CORPORATION ("METC"), FOR BUSES TO BE UTILIZED IN THE OPERATION OF THE ROUTE; AUTHORIZING THE CITY MANAGER TO SET A PER PASSENGER FARE FOR THE ROUTE; APPROVING THE CITY MANAGER'S EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, INCLUDING THE PROVISION OF A PER PASSENGER FARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER RELATED DOCUMENTS INCLUDING ANY AMENDMENTS AND RENEWALS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, on July 26, 2018, the City Commission approved Resolution No. R-18-0310, for the addition of the Cross Bay Express Trolley Route ("Route"); and WHEREAS, the Route will provide express transit service directly from the City of Miami ("City") to Miami Beach, giving residents and tourist additional transit options; and, WHEREAS, Miami Express Transportation Company, a Florida profit corporation ("METC"), has a fleet of three (3) buses, including but not limited to, double decker buses, that are being made available to the City immediately; and City of Miami Page 1 of 3 File ID: 4719 (Revision: A) Printed On: 4/3/2025 File ID: 4719 Enactment Number: R-18-0375 WHEREAS, the City has a unique opportunity to utilize these buses, each with a capacity to transport sixty-six (66) riders, for the Route, which, at full capacity, can accommodate the anticipated ridership up to 3,000 daily boarding; and WHEREAS, a Professional Services Agreement ("PSA") with METC has been negotiated, and may be properly executed, attached, following the City Commission approval, in order for the City to be ready for the launch of the Route on September 14, 2018; and WHEREAS, the PSA contains a provision that it is voidable if Miami -Dade County ("County"), who oversees all public transportation within the County, does not approve the PSA ; and WHEREAS, the PSA further contains a provision that it is voidable if the City Commission does not approve it; and WHEREAS, pursuant to Section 18-85(a) of the City Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has waived competitive sealed bidding methods via a written finding, attached and incorporated as Exhibit "A," with reasons supporting his conclusion therein and has recommended to the City Commission that they retroactively ratify, confirm and approve such waiver by the required for -fifths (4/5ths) affirmative vote; and WHEREAS, the City Manager's waiver of competitive bidding has been ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing, otherwise the City Manager's waiver fails; and WHEREAS, the PSA provides a per passenger fare in order to offset the costs of operating the Route, but in the event that the fare collected for the month does not cover the $115 per hour cost for the Route, the City will be responsible for payment to METC of the difference; 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 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 recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the City Code, as amended, are retroactively ratified, confirmed and approved to the date of the City Manager's memo, and the requirements for competitive sealed bidding methods are waived as not practicable or advantageous to the City to use for the Route Operation Services, with METC, for buses to be utilized in the operation of the Route. Section 3. The City Manager's execution of the PSA, in substantially the attached form, y, including the provision of a per passenger fare for the Route, is approved. City of Miami Page 2 of 3 File ID: 4719 (Revision: A) Printed on: 4/3/2025 File ID: 4719 Enactment Number: R-18-0375 Section 4. The City Manager is further authorized' to negotiate and execute all other related documents including any amendments and renewals, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with applicable provisions of the City Code, including the City's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 1/7/2019 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 4719 (Revision: A) Printed on: 4/3/2025