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HomeMy WebLinkAboutAgenda Item Summary FormJr AGENDA ITEM SUMMARY FORM File ID: #4719 Date: 08/24/2018 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 09/13/2018 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Bid Waiver - Miami Express Transportation Company, Inc. Purpose of Item: 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 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 for 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. Retroactively approving the City Manager's execution of the professional services agreement ("PSA"), in a form that was acceptable to the City Attorney, including the negotiation 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. Background of Item: On July 26, 2018 the City Commission approved Resolution No. R-18-0310, for the addition of the Cross Bay Express Trolley Route ("Route"). The Route will provide express transit service directly from the City of Miami to Miami Beach, giving residents and tourist additional transit options. The company METC has offered the City three (3) double decker buses ("Buses") that will each have the capacity for sixty-six (66) passengers, which is more than double the capacity of the City's Trolley. At full capacity, each Bus can accommodate 3,000 daily boarding. The Buses provide a scenic view from the second story, which is a unique feature to this type of vehicle. Riders will be charged a nominal fare of $5.00 per passenger, per segment of the route (either from Miami to Miami Beach or from Miami Beach to Miami). This fare will offset the $115.00 per hour cost for the Route operation services. In the event, that the fare collected for the month, does not cover the service charges for the month, the City will pay the Contractor the difference. METC's Buses will run from 12:00 p.m. to 12:00 a.m. on a daily basis in thirty (30) minute intervals. This Route will increase the overall efficiency of travel for all residents, tourists and commuters, and it will connect major arterials in the City, such as Biscayne Boulevard, MacArthur Causeway and Washington Avenue with the existing Biscayne and Coral Way Trolley Routes. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Department of Resilience and Public Works Review Completed 08/28/2018 5:59 PM Office of Management and Budget Miriam Arcia Department of Procurement Annie Perez Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Marta Gomez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Alan M. Dodd Department Head Budget Analyst Review Skipped Procurement Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Skipped Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 09/04/2018 12:26 PM 09/04/2018 7:10 PM 09/04/2018 8:14 PM 09/04/2018 8:17 PM 09/04/2018 8:27 PM 09/04/2018 9:22 PM 09/04/2018 3:30 PM 09/04/2018 9:23 PM 09/13/2018 9:00 AM 09/24/2018 3:50 PM 09/24/2018 4:37 PM 01/07/2019 10:33 AM Completed 01/07/2019 6:40 PM 4�CS O/: I! City of Miami ` City Hall * 9fi 11 IM&0Q:AT10 '® Legislation 3500 Pan American Drive Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-18-0375 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 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. 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 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. APPROVED AS TO FORM AND CORRECTNESS: ria ' ndez,ity ttor ey 9/4/2018