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HomeMy WebLinkAboutR-03-0589J-03-437 05/15/03 RESOLUTION NO. 03— 589 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS ) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THE UNIQUE SERVICE OF "OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRICAL DISTRIBUTION FACILITIES" FROM FLORIDA POWER AND LIGHT COMPANY ("FPL"), LOCATED AT 122 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AND FOR ANY OTHER ELECTRICAL DISTRIBUTION FACILITIES WITHIN THE CITY OF MIAMI THAT ARE OWNED OR MAINTAINED BY FPL, THE SOLE SOURCE PROVIDER, FOR A TEN-YEAR PERIOD FOR A TOTAL AMOUNT TO BE DETERMINED FOR EACH SPECIFIC CIRCUMSTANCE AT THE TIME OF NEED, FOR THE CITY DEPARTMENT/OFFICE REQUIRING SUCH SERVICES, SUBJECT TO BUDGETARY APPROVAL. WHEREAS, the City of Miami ("City") on occasion seeks to relocate electrical distribution facilities for improvements to City -owned lands; and WHEREAS, Florida Power and Light Company ("FPL") is the owner and manager of electrical distribution facilities throughout the City; and CITY COMMISSION M'EETIDFG OF MAY 2 2 2003 _ Resolution imp. +D3- 589 WHEREAS, the service of overhead to underground conversion of electrical distribution facilities can only be acquired from FPL, as the sole source provider, and the owner of such facilities; and WHEREAS, the Chief Procurement Officer has adopted a finding that FPL is the only provider of this unique and valuable service; and WHEREAS, the finding of the Chief Procurement Officer has been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager recommends that the requirements for competitive formal sealed bids be waived and the procurement of the above service as specified be approved; 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 by reference and incorporated as if fully set forth in this Section. Page 2 of 4 03- 589 Section 2. By a four-fifths (4/5th,) affirmative vote, after an properly advertised public hearing, the City Manager's finding of sole source is ratified, approved and confirmed, the requirements for competitive sealed bidding procedures are waived, and the acquisition of the unique service of overhead to underground conversion of electrical distribution facilities provided by Florida Power and Light ("FPL"), located at 122 Southwest 3rd Street, Miami, Florida 33130, is approved, and for any other electrical distribution facilities within the City of Miami that are owned or maintained by FPL, the sole source provider for a ten-year period, for a total amount to be determined for reach specific circumstance at the time of need for the City department/office requiring such services, subject to budgetary approval. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' ii If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 3 of 4 03- 589 PASSED AND ADOPTED this 22nd day of May , 2003. ATTEST: It A PR ILLA A. THOMPSON CITY CLERK APPROVED AS T,A-'2)RM A0 CORRECTNESS:C% !NDRTT VILARELLO ATTORNEY W7229:tr:AS:BSS MANUEL A. DIAZ, MAJOR ( J Page 4 of 4 03- 589 TO FROM The Honorable Mayor and Members of the City Commission Joe A i la inistrator/City Manager RECOMMENDATION CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM MAY 13 2003 DATE: FILE: SUBJECT: Citywide Finding of Sole Source for Florida Power and Light REFERENCES: Commission Meeting of May 22, 2003 ENCLOSURES: Resolution, Public Notice, Letter from FPL It is respectfully recommended that the City Commission adopt the attached Resolution by a four-fifths (4/5ths) affirmative vote of the members of the City Commission, after a duly advertised public hearing, ratifying, approving and confirming the City Manager's finding of sole source, waiving the requirements for competitive sealed bids, and approving the acquisition of the unique service of "overhead to underground conversion of electrical distribution facilities" from Florida Power and Light Company ("FPL"), located at 122 SW 3rd Street, Miami, Florida 33130 for any electrical distribution facilities within the City of Miami that are owned or maintained by FPL. The total amount of funding required will be determined for each specific circumstance at the time of need by the City department or office requiring such service. Funds will be allocated as available from various designated accounts as funding is available. Further it is recommended that the City manager have authorization to execute contract(s) in a form acceptable to the City Attorney, for said purpose(s). BACKGROUND FPL owns and maintains electric distribution facilities throughout the City of Miami and no other company is authorized to perform any service to their facilities. On occasion such utilities must be relocated in order for the City to make improvements to City owned lands. In the past, each department requesting overhead to underground conversion of electrical distribution facilities has authored a resolution for their department and the specific need at that time, necessitating a sole source finding for work conducted by FPL. This resolution will authorize the City Manager to approve work with FPL whenever the above mentioned sole source test is met. FISCAL IMPACT None .doc 03- 589 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Joe Arriola DATE : April 29, 2003 FILE: Chief Administrator/City Manager SUBJECT: Overhead to Underground Conversion of Electrical Distribution Facilities FROM: gefProc r OS, ector REFERENCES: eme t Officer ENCLOSURES: An investigation was conducted by staff to determine whether Florida Power and Light (FPL), located at 122 SW 3rd Street, Miami, Florida 33130, is the sole source service provider for the unique service of "overhead to underground conversion of electrical distribution facilities," for the Department of Economic Development. Florida Power and Light maintains electric distribution facilities throughout the City. On occasion, such utilities must be relocated in order for the City to make improvements to City owned lands, and in the past, each department requesting said service had to independently seek approval for the utilization of FPL. The Department of Economic Development has advised FPL is the owner and manager of all electrical distribution facilities throughout the City of Miami, and only FPL can convert the overhead utilities to underground electrical distribution facilities at locations throughout the City. FPL acknowledged they are the sole source provider for this service as they are the only company authorized to install, replace or maintain both underground and overhead FPL facilities. Further, while the Department of Economic Development has an immediate need for these relocation services, over a period of time other departments, offices, agencies, or other entities of the City may require these same services. Therefore, a sole source finding is being sought for Florida Power and Light for the continuation of these "overhead to underground conversion of electrical distribution facilities services," as the sole source provider on a citywide basis, for a period of ten (10) years. Accordingly, I am recommending that the requirements for formal competitive sealed bidding be waived, and these findings be approved: Florida Power and Light Company, located at 122 SW 3rd Street, Miami, Florida 33130 is the sole source service provider for the unique service of "overhead to underground conversion of electrical distribution facilities" on an as -needed, when -needed citywide basis, for a period of ten (10) years. Funding will be determined for each specific circumstance at the time of need, with funds allocated as available from various designated accourA_ �+64 \ ���('U/'C..- PAY l4 2003 APPROVED BY: \ DATE: Joe Arriola JA/LMH/GM/PEB 03- 589 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Glenn Marcos, Director DATE : April 24, 2003 FILE: Chief Procurement Officer SUBJECT: Overhead to Underground Conversion of Electrical AParnela Distribution Facilities FROM : ���'� ` REFERENCES Burns, CPPB Sr. Procurement Contracts Officer ENCLOSURES: I conducted an investigation to determine whether Florida Power and Light (FPL), located at 122 SW 3rd Street, Miami, Florida 33130, is the sole source service provider for the unique service of "overhead to underground conversion of electrical distribution facilities," for the Department of Economic Development. Florida Power and Light maintains electric distribution facilities throughout the City. On occasion, such utilities must be relocated in order for the City to make improvements to City owned lands, and in the past, each department requesting said service had to independently seek approval for the utilization of FPL. The Department of Economic Development has advised FPL is the owner and manager of all electrical distribution facilities throughout the City of Miami, and only FPL can convert the overhead utilities to underground electrical distribution facilities at locations throughout the City. FPL acknowledged they are the sole source provider for this service as they are the only company authorized to install, replace or maintain both underground and overhead FPL facilities. Further, while the Department of Economic Development has an immediate need for these relocation services, over a period of time other departments, offices, agencies, or other entities of the City may require these same services. Therefore, a sole source finding is being sought for Florida Power and Light for the continuation of these "overhead to underground conversion of electrical distribution facilities services," as the sole source provider on a citywide basis, for a period of ten (10) years. Accordingly, I am recommending that the requirements for formal competitive sealed bidding be waived, and these findings be approved: Florida Power and Light Company, located at 122 SW 3rd Street, Miami, Florida 33130 is the sole source service provider for the unique service of "overhead to underground conversion of electrical distribution facilities" on an as -needed, when -needed citywide basis, for a period of ten (10) years. Funding will be determined for each specific circumstance at the time of need, with funds allocated as available from various designated accounts. APPROVED BY: DATE: 4-113 ° 4 � Gle os, Chiek Procurement Officer 03- 589 Apr -29-2003 03:00pm From -CENTRAL SVC PLNG 305-377-6010 T-578 P.001/001 F-414 IFP L Florida Power & Light Company122 S.W. 3rd StreetMiami, FI. 33130 April 29, 2003 Meredith Joy Nation Assistant Development Coordinator Department of Economic Development City of Miami 444 SW 2"° Avenue, 3i' Floor Miami, FI 33130 To Whom It May Concern: Please be advised that FPL is the only company authorized to install, replace or maintain both underground and overhead FPL facilities. No other company, unless contracted by FPL, can work o ese facilities. o rs truly, Jo a Ensenat Di ribution designer 8Z :h WJ 6Z'0'8V HOZ �10 U3_ 589 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Priscilla A. Thompson DATE: April 29, 2003 FILE: City Clerk SU&IECT: Request to publish Notice of Public Hearing for Sole Source Finding FROM: Keith A. Carswell, Director REFERENCES: Department of Economic Development ENCLOSURES: Attached please find the public hearing notice for a waiver of the requirement for competitive bids for the utilization of Florida Power and Light Company for the unique service of `overhead to underground conversion of electrical distribution facilities" for any electrical distribution facilities within the City of Miami that are owned or maintained by FPL, scheduled for the City Commission meeting of May 22, 2003. Please feel free to contact me at (305) 416-1414 should you have any questions. APPROVED: c Arnola C lef Administrator/City Manager DATE: LMH/fWILB cc: Glenn Marcos, Director, Purchasing 03_ 589 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on May 22, 2003, at 9:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of waiving the requirements of obtaining sealed bids for the acquisition of the unique services of "overhead to underground conversion of electrical distribution facilities" from Florida Power and Light Company ("FPL"), located at 122 S.W. 3`d Street, Miami, Florida 33130 for any electrical distribution facilities within the City of Miami that are owned or maintained by FPL. Inquiries from other potential sources who feel that they might be able to satisfy the City's requirements for this item may contact the Department of Purchasing, attention Pamela Bums, CPPB, Sr. Procurement Contracts Officer, at (305) 416- 1905. All interested persons are invited to appear and may be heard concerning the proposed sole source determination. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. (City Seal) Priscilla A. Thompson (#11038) City Clerk 03" 589 AWARD SOLE SOURCE 02-03-152 ITEM: Overhead to Underground Conversion of Electrical Distribution Facilities DEPARTMENT: Economic Development and Citywide TYPE OF PURCHASE: Term Contract REASON: The Department of Economic Development is seeking at this time, from Florida Power and Light, the unique service of "overhead to underground conversion of electrical distribution. facilities, " to be utilized on a citywide basis for a period of ten (10) years, as FPL is the only company authorized to install, replace or maintain both underground and overhead FPL facilities. RECOMMENDATION: It is recommended that the Department of Economic Development, and in the future, any other department, office, agency, or other entity(s) of the City, be authorized to secure the services of Florida Power and Light, the sole source provider, to provide "overhead to underground conversion of electrical distribution facilities," for a period of ten (10) years. Funding will be determined for each specific circumstance on an as -needed, when -needed basis, with funds allocated as available from various designated accounts � 6( C�`^ -� - .. G n Ma os Direct r of P chasing 3 ° D.) ate So1eSo=e02-03-152Uti1itiesFPL i� ss�� 03— 589 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O V. FERBEYRE, %A. -ho on oath says that he or she is tho SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO #11038 CITY OF MIAMI - PUBLIC HEARING 5/22/03 RE: OVERHEAD TO UNDERGROUND CONVERSION ETC. in the XXXX Court, was published in said newspaper in the issues of 05/07/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing tdvertispublication in the said Sworn to and subscribed before me of MAY L A (SEAL) O.V. FERBEYRE personal) kn JANE17 LLERENA AkyPUBLICSTATEO OF COMMISSION NO. Cz ri;>'S3 MY CD CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING �ublic hearing will be held by the Commission of the City of Miami, . Florida, on May 22, 2003, at 9:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of waiving the requirements of obtaining sealed bids for the acquisition of the unique services of "overhead to underground conversion of electrical dis- tribution facilities" from Florida Power and Light Company ("FPL"), locat- ed at 122 S.W. 3rd Street, Miami, Florida 33130 for any electrical distribu- tion facilities within the City of Miami that are owned or maintained by FPL. 9 Inquiries from other potential sources who feel that they might be able i to satisfy the City's requirements for this item may contact the Department i of Purchasing, attention Pamela Bums, CPPB, Sr. Procurement Con -Ir tracts Officer, at (305) 416-1905. All interested persons are invited to appear and may be heard concern -,l ing the proposed sole source determination. Should any person desire to ) appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. L�SY OF r? A3 Priscilla A. Thompson City Clerk Q co"! 9e"1(o q�FCQ.FLO�`O (#11038) 5(7 03-3-41/361487M