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HomeMy WebLinkAboutScrivener's Error MemoICITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney 7 A c - for DATE: November 21, 2022 RE: Resolution No. R-22-0438 — Authorizing Amendment No. 5 to the Professional Services Agreement for Municipal Trolley Operation Services. File No. 12886 At the November 17, 2022, City Commission Meeting, the Commission adopted the above referenced Agenda Item CA.10, authorizing the City Manager to execute Amendment No. 5 ("Amendment"), in a form acceptable to the City Attorney, to the Professional Services Agreement ("PSA") with Limousines of South Florida, Inc., a Florida profit corporation ("LSF"), for Municipal Trolley Operation Services, providing for an increase in the per hour service rate by twenty percent (20%) from Fifty -One Dollars and Seventy -Nine Cents ($51.79) 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. This item was inadvertently published with an incorrect description for the effective date. Additionally, non -substantive formatting edits have since been made to the file, which was published prior to a complete review. The Legislation has been corrected and incremented to Revision A. VM/PRV/vja Enclosure(s) r 0.2S. Co SOO- iU WV) aldfteit 0*-(2A(")0 y�l OF,,' 1 Il1IIl Ilpllle. # 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 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 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 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12886 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING AMENDMENT NO. 5 FOR THE EXTENSION OF THE CONTRACT TERM TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH LIMOUSINES OF SOUTH FLORIDA, INC. ("LSF"), FOR THE PROVISION OF MUNICIPAL TROLLEY OPERATIONS SERVICES INCLUDING A TWENTY PERCENT (20%) INCREASE TO THE HOURLY SERVICE RATE FROM $51.79 PER SERVICE HOUR TO $62.15 PER SERVICE HOUR AND TO EXTEND THE PSA FOR THREE (3) YEARS WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW, FOR REQUEST FOR PROPOSALS ("RFP") NO. 256244, AUTHORIZED BY RESOLUTION NO. 12-0010, ADOPTED ON JANUARY 12, 2012; ALLOCATING FUNDS FROM CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5-IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE: CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, -. INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS 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 OF MIAMI'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, pursuant to Resolution No. 12-0010, adopted by the City Commission on January 12, 2012, the City and LSF entered into an Agreement to provide municipal trolley operation services for the RPW, Transportation Division in accordance with RFP 256244, Municipal Trolley Operations Services, and its resultant PSA subject to the availability of funds for the Term and Scope of Work included in the original Agreement; and WHEREAS, the original PSA had a five (5) year initial term with five (5) additional one (1) year options to renew, providing for a total term of ten (10) years as was solicited in the RFP; and WHEREAS, Amendment No. 1 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 was approved and executed with LSF, increasing the funding to continue trolley operations and conduct upgrades to the advanced public transportation management system, revised compensation model for the Agreement and updated 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 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 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 be of a significant increase and financial burden on the City; and WHEREAS, an increase of twenty percent (20%) from the current rate of $51.79 per service hour to $62.15 per service hour will offset the aging fleet replacement part costs; and WHEREAS, this contract is in its second extension and expires on December 24, 2022, and it is in the City's best interest to extend this PSA with LSF for three (3) years with two (2) one (1) year options to renew. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in the Section. Section 2. Amendment No. 5, to the PSA with Limousines of South Florida, Inc., for the provision of Municipal Trolley Operation Services increasing the per hour service rate twenty percent (20%) from $51.79 to $62.15 per service hour and extending the contract term for three (3) years with two (2) one (1) year options to renew, is hereby authorized. Section 3. Funds to be allocated from the RPW subject to availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute Amendment No. 5 in a form acceptable to the City Attorney. Section 5. The City Manager is further authorized {1} to negotiate and execute all other documents including any amendments, renewals, and extensions, subject to allocations, appropriations, and budgetary approvals 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 of Miami'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 6. This Resolution shall become effective immediately upon its adop lion apd signature of the Mayor.2 r APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may b:4impose., by �G the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. w x 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) cdfendar 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.