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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. OF, fi I11II1 IIflUe. # u,I • 1 •*•- ' City of Miami Resolution R-22-0438 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12886 Final Action Date: 11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 5 ("AMENDMENT") TO THE REQUEST FOR PROPOSALS ("RFP") NO. 256244 PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH LIMOUSINES OF SOUTH FLORIDA, INC., A FLORIDA PROFIT CORPORATION ("LSF"), FOR MUNICIPAL TROLLEY OPERATION SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), PURSUANT TO RESOLUTION NO. 12-0010, ADOPTED JANUARY 12, 2012, AMENDING THE PSA TO PROVIDE FOR A TWENTY PERCENT (20%) INCREASE TO THE HOURLY SERVICE RATE FROM FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51.79) PER SERVICE HOUR TO SIXTY TWO DOLLARS AND FIFTEEN CENTS ($62.15) PER SERVICE HOUR AND EXTENDING THE DURATION OF THE PSA BY THREE (3) YEARS WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM RPW, SUBJECT TO THE AVAILABILITY OF._ FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL 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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 12-0010, adopted by the City Commission on January 12, 2012, the City of Miami ("City") and Limousines of South Florida, Inc., a Florida profit corporation ("LSF"), entered into the Request for Proposals ("RFP") No. 256244 Professional Services Agreement ("PSA") for municipal trolley operation services, for the City's Department of Resilience and Public Works ("RPW"), specifically the Transportation Division, subject to the availability of funds and budgetary approval at the time of need, per the same terms and conditions included in the PSA; and WHEREAS, the PSA had a five (5) year initial term with five (5) additional one (1) year options to renew, providing for a potential total term of ten (10) years as solicited in the RFP; and City of Miami Page 1 of 3 File ID: 12886 (Revision: A) Printed On: 11/23/2022 12886 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12886 Enactment Number: R-22-0438 WHEREAS, Amendment No. 1 to the PSA was approved and executed with LSF, adding an advanced public transportation management system to the City's existing trolley fleet; and WHEREAS, Amendment No. 2 to the PSA was approved and executed with LSF, thereby increasing the funding necessary to continue the trolley operation services, conducting upgrades to the advanced public transportation management system, revising the compensation model for the PSA, and updating the scope of work for the inclusion of a fare collection policy; and WHEREAS, Amendment No. 3 to the PSA was approved and executed with LSF, revising the penalties incurred by LSF for failure to meet the Performance Guarantees as stated in the RFP; and WHEREAS, Amendment No. 4 to the PSA was approved and executed with LSF, for application of the Living Wage to the PSA in accord with Ordinance No. 13648 of the Code of the City of Miami, Florida, as amended ("City Code"), thereby increasing the hourly service rate from Forty Four Dollars and Sixty Nine Cents ($44.69) per service hour to Fifty One Dollars and Seventy Nine Cents ($51.79) per service hour, pursuant to Resolution No. 21-0505, adopted December 9, 2021; and WHEREAS, the City has an aging trolley fleet with high replacement part costs and labor; and WHEREAS, due to the current economic climate and supply chain issues, the trolley replacement part costs and market labor concerns associated with the issuance of a new RFP may result in significant increases costs and a financial burden on the City; and WHEREAS, an increase of twenty percent (20%) to the hourly service rate from Fifty One Dollars and Seventy Nine Cents ($51.79) per service hour to Sixty Two Dollars and Fifteen Cents ($62.15) per service hour will offset the aging fleet replacement part costs; and WHEREAS, this PSA is in its second extension of time, expiring December 24, 2022, and it is in the City's best interest to extend the duration of this PSA with LSF for three (3) years with two (2) one (1) year options to renew; and WHEREAS, the City seeks authorization for and execution of Amendment No. 5 ("Amendment") to the PSA for said increase to the hourly service rate and extension of the duration of this PSA; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITYa MIAMI, FLORIDA: caf° Section 1. The recitals'and findings contained in the Preamble of this Resolui©r ar -- adopted by reference and incorporated as if fully set forth in the Section. Section 2. Amendment No. 5 to the RFP No. 256244 PSA with LSF for Municfal Trcie Operation Services, for RPW, pursuant to Resolution No. 12-0010, adopted January 1?,:,; 201Z amending the PSA to provide for a twenty percent (20%) increase to the hourly service=rate, from Fifty One Dollars and Seventy Nine Cents ($51.79) per service hour to Sixty Two't5ollars and Fifteen Cents ($62.15) per service hour and extending the duration of the PSA by three (3) years with two (2) one (1) year options to renew, is hereby authorized.' City of Miami Page 2 of 3 File ID: 12886 (Revision: A) Printed on: 11/23/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12886 Enactment Number: R-22-0438 Section 3. Funds shall be allocated from RPW, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute the Amendment to the PSA, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all 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 forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: CAD • o 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 12886 (Revision: A) Printed on: 11/23/2022 SUBSTITUTED �* iou U IT i *f, erg City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 12886 Final Action R ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT AUTHORIZING AMENDMENT NO. 5 FOR THE EXTENSION OF THE CON TERM TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WIT LIMOUSINES OF SOUTH FLORIDA, INC. ("LSF"), FOR THE PROVISI MUNICIPAL TROLLEY OPERATIONS SERVICES INCLUDING A TW (20%) INCREASE TO THE HOURLY SERVICE RATE FROM $51.7 HOUR TO $62.15 PER SERVICE HOUR AND TO EXTEND THE YEARS WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW, PROPOSALS ("RFP") NO. 256244, AUTHORIZED BY RESO ADOPTED ON JANUARY 12, 2012; ALLOCATING FUNDS DEPARTMENT OF RESILIENCE AND PUBLIC WORKS AVAILABILITY OF FUNDS AND BUDGETARY APPRO AUTHORIZING THE CITY MANAGER TO EXECUTE FORM ACCEPTABLE TO THE CITY ATTORNEY; F CITY MANAGER TO NEGOTIATE AND EXECUT INCLUDING ANY AMENDMENTS, RENEWALS ALLOCATIONS, APPROPRIATIONS AND BU PREVIOUSLY MADE, AND IN COMPLIAN THE CODE OF THE CITY OF MIAMI, FL INCLUDING, THE CITY OF MIAMI'S P DEFICIENCY ACT, AND FINANCIAL IN CHAPTER 18 OF THE CITY COP ATTORNEY, AND IN COMPLIAN► NECESSARY FOR SAID PURP'iSE. WHEREAS, pursuant January 12, 2012, the City operation services for th Municipal Trolley Operat for the Term and Scop OF TY PERCENT PER SERVICE A FOR THREE (3) R REQUEST FOR TION NO. 12-0010, OM CITY OF MIAMI "-PW"), SUBJECTTO THE L AT THE TIME OF NEED; MENDMENT NO. SIN A RTHER AUTHORIZING THE: ALL OTHER DOCUMENTS, -. AND EXTENSIONS SUBJECT TO` GETARY APPROVAL HAVING BEEN WITH APPLICABLE PROVISIONS OF IDA, AS AMENDED, ("CITY CODE"), CUREMENT ORDINANCE, ANTI- TEGRITY PRINCIPLES, ALL AS SET FORTH , IN A FORM ACCEPTABLE TO THE CITY WITH APPLICABLE REGULATIONS, AS MAY BE ACT Resolution No. 12-0010, adopted by the City Commission on nd LSF entered into an Agreement to provide municipal trolley RPW, Transportation Division in accordance with RFP 256244, ns Services, and its resultant PSA subject to the availability of funds of Work included in the original Agreement; and WHEREAS, e original PSA had a five (5) year initial term with five (5) additional one (1) year options to enew, providing for a total term of ten (10) years as was solicited in the RFP; and WHE AS, Amendment No. 1 was approved and executed with LSF, adding an advanced . blic transportation management system, to the City's existing trolley fleet; and EREAS, Amendment No. 2 was approved and executed with LSF, increasing the funding. to continue trolley operations and conduct upgrades to the advanced public tran-.ortation management system, revised compensation model for the Agreement and u..ated scope of work for the inclusion of a fare collection policy; and WHEREAS, Amendment No. 3 was approved and executed with LSF, revising the penalties incurred by LSF for failing to meet the Performance Guarantees as stated in the RFP: and SUBSTITUTED WHEREAS, Amendment No. 4 was approved and executed with LSF to apply City Ordinance No. 13648, Living Wage, of the City Code to the Agreement, thereby increasing the hourly service rate from $44.69 to $51.79 as authorized by Resolution 21-0505, adopted December 9, 2021; and WHEREAS, the City has an aging Trolley fleet with high replacement parts costs .n labor; and WHEREAS, due to the current economic climate and supply chain issues, t'e trolley replacement part costs and market labor concerns associated with the issuance of . new RFP may be of a significant increase and financial burden on the City; and WHEREAS, an increase of twenty percent (20%) from the current ra , of $51.79 per service hour to $62.15 per service hour will offset the aging fleet replacement ',art costs; and WHEREAS, this contract is in its second extension and expires on •ecember 24, 2022, and it is in the City's best interest to extend this PSA with LSF for thre: (3) years with two (2) one (1) year options to renew. NOW THEREFORE, BE IT RESOLVED BY THE CO ISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in t - Preamble of this Resolution are adopted by reference and incorporated as if fully set fo in the Section. Section 2. Amendment No. 5, to the PSA wi Limousines of South Florida, Inc., for the provision of Municipal Trolley Operation Service increasing the per hour service rate twenty percent (20%) from $51.79 to $62.15 per service our and extending the contract term for three (3) years with two (2) one (1) year options to r: ew, is hereby authorized. Section 3. Funds to be allocated om the RPW subject to availability of funds and budgetary approval at the time of need. Section 4. The City Manager s authorized' to execute Amendment No. 5 in a form acceptable to the City Attorney. Section 5. The City Man.2er is further authorized {1} to negotiate and execute all other documents including any am: dments, renewals, and extensions, subject to allocations, appropriations, and budgetar approvals having been previously made, and in compliance with applicable provisions of th- Code of the City of Miami, Florida, as amended (City Code), including the City of M. mi's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all . set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in ompliance with applicable regulations, as may be necessary for said purpose. Section 6 This Resolution shall become effective immediately upon its adoption arid signature of the ayor.2 �. y APPROV AS TO FORM AND CORRECTNESS: T - herein authorization is further subject to compliance with all requirements that may b:0mpose,,, by �G t City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code r; rovisions. 1-,, x 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) cdendar 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.