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Home My WebLink AboutR-02-0410J-02-251 3/25/02 RESOLUTION NO. 02— 410 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS ) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER FOR THE ACQUISITION FOR AIR CONDITIONING MAINTENANCE SERVICES FOR THE POLICE CENTRAL HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS, AND THE DAVID HERRING TRAINING CENTER FOR THE DEPARTMENT OF POLICE FROM MAGNUM CONSTRUCTION AND AIC INC., IN AN AMOUNT NOT TO EXCEED $31,326.44; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. By a four-fifths (4/5th,) affirmative vote of the City Commission, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bidding procedures and issuing a Purchase Order for the acquisition for air conditioning maintenance services for the Police Central Headquarters Building, North and South Substations, and the David Herring Training Center for the Department of Police from Magnum CITY COIASION MEETING G 6 F A P r I` 2002 , rk.aQ don NO. 02- 410 Construction and AJC Inc., in an amount not to exceed $31,326.44, is ratified, approved and confirmed, with funds allocated from the Police General Operating Budget, Account Code No. 001000.290201.6.670. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 18th day of April 2002. ANUEL A. DIAZ, MA ATTEST: zz PRISCILLA A. THOMPSON CITY CLERK APP ED S FORM AND CORRECTNESS JANDRO VILARELLO CITY ATTORNEY W6099:tr:LB 1 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 2 of 2 0- 410 CITY OF MIAMI, FLORIDA 22 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission RECOMMENDATION DATE: APR - ! 2_3 02 FILE : SUBJECT: Resolution Ratifying City Manager's Action REFERENCES: Emergency Purchase of Air Conditioning Maintenance ENCLOSURES: Services for the Police Department It is respectfully recommended that the City Commission adopt the attached Resolution ratifying the City Manager's emergency action authorizing the continued provision of air conditioning maintenance services by Magnum Construction and A/C Inc., at the Police Department's Central Headquarters Building, North and South Substations and the David Herring Training Center, in an amount not to exceed $31,326.44. Funding is available from the Police General Operating Budget, Account Code No. 001000.290201.6.670. BACKGROUND On February 2, 2000, the City of Miami entered into a contract with Eagle Air Conditioning Miami, Inc., the lowest responsive and responsible bidder, pursuant to Bid No. 99-00-032R, for the provision of air conditioning maintenance services. The initial term of the contract was for the period of February 2, 2000 through February 1, 2001, with two (2) one (1) year extensions. On February 22, 2001, during the initial extension year, Felix A. Perez, one of the two (2) owners of Eagle Air Conditioning of Miami, Inc. ("Eagle"), formed a new company, Magnum Construction and A/C Inc. ("Magnum"). While at the same time Eagle ceased performing any work under this contract, Felix A. Perez began providing monthly maintenance service and responding to emergency calls for service under Magnum. Subsequently, on July 19, 2001, Eagle Air Conditioning of Miami, Inc., filed for articles of dissolution. The City did not learn of these circumstances until after the fact. Magnum has continued to provide air conditioning maintenance and responded to emergency calls for service for the Police Department, and has invoiced the Police Department for said work at the same terms, pricing and conditions of the contract with Eagle. The Purchasing Department met with the Law Department to determine if the contract could be legally assigned from Eagle to Magnum. It was determined that Magnum could not intervene, as they have no legal rights to the contract, as it was not legally assigned or transferred by Eagle to Magnum before its dissolution. As a result, Magnum has been advised by the Purchasing Department not to respond to maintenance calls or emergency calls for service until this issue has been resolved. For the provision of monthly service, Magnum is owed for maintenance service at the monthly rate of $3320.18, since November 2001. In addition, Magnum is owed for several emergencies to which it responded when called by the Police Department since July 2001, for an additional cost of $4,765.00. 02- 410 The Honorable Mayor and Members of the City Commission Page 2 Resolution Ratifying Emergency; Air Conditioning Maintenance Services Due to the critical need for air conditioning, the Police Department must have the air conditioning systems serviced and necessary repairs made to maintain all units in working condition. The Police Department received authorization from the City Manager for an emergency purchase from November 1, 2001 through June 30, 2002, in an amount not to exceed $31,326.44, in order to pay past due invoices; to continue the provision of monthly air conditioning maintenance services; and to pay for potential emergency repairs for the aforementioned sites. Magnum Construction and A/C Inc., has agreed to provide these services under the same terms, conditions and pricing of Bid 99-00-032R, until a new bid is competitively issued and a new contract is in place. New bid specifications have been submitted by the Police Department to the Department of Purchasing for the selection of a qualified vendor(s) through a competitive bid process. 1I CAG r 02- 410 TO: Carlos A. Gimenez City MW4- er 1 �l� FROM NJ Chief o. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Description of commodity/serviced needed e,Aff : JAN 2 5 2002 FILE: M 16-2 suWXT Emergency Purchase REFERENCES - Air Conditioning Maintenance Services ENGLOWRF.:;: It is necessary for the Police Department to continue the provision of air conditioning maintenance services for the Police Department's Headquarters Building, North and South Substations, and the David Herring Training Center. Eme rY duatificativa On February 2, 2000, tlx: City of Miami entered into a contract with Eagle Air Conditioning Miami, Inc., the lowest responsive and responsible bidder, pursuant to Bid No. 99-00-032R, for the prcwision Of air conditioning maintenance services. The initial term of the contract was for the period of February 2, 2000 through February 1, 2001, with two (2) one (1) year extensions. On February,22, 2001, during the initial extension year, Felix A. Perez, one of the two (2) owners of Eagle Air Conditioning of Miami, Inc. C'Eagle), formed a new company, Magnum Construction and A/C Inc. ("Magnum'). While at the same time Eagle ceased performing any work under this contract, Helix A. Perm bem providing monthly maintenance service and responding to emergency calls for service under Magnum. Subsequently, on July 19, 2001, Eagle Air Conditioning of Miami, Inc., filed for articles of dissolution. The City did not Ieam of these circumstances until after the fact. Magnum has continued to provide air conditioning maintenance and responded to emergency calls for service for the Police Department, and has invoiced the Police Department for said work at the same terns, pricing and conditions of the contract with Eagle. The Purchasing Department met with the Law Department to determine if the contract could be legally assignee: from Eagle to Magnum. It was determined that Magnum could not intervene, as they have no legal rights to the contract, as it was not legally assigned or transferred by Eagle to Magnum before its dissolution. As a result. Magnum has been advised by the Purchasing Department not to respond to maintenance calls or cetnergency calls for service until this issue has been rmlved. For the provision of monthly service, Magnum is owed for maintenance service at the monthly rate of $3320.18, since November 2001. In addition, Magnum is owed for several emergencies to which it responded when tailed by the department since July 2001, for an additional cost of $4,765.00. 02- 410 Carlos A. Gimenez Page 2 Emergency Purchase; E-911 Maintenance Sem ices .Due to the critical need for air conditioning, the department must have the air conditioning systems serviced and necessary repairs made to maintain all units in working condition. We are, therefore, requesting an emergency purchase frost November 1, 2001 through June 30, 2002, in an amount not to exceed $31,326.44, in order to pay past due invoices; to continue the provision of monthly air conditioning maintenance services; and to pay for potential emergency repairs for he aforementioned sites. Magnum Construction and A/C Inc., has agreed to provide theme services under the same terms, conditions and pricing of Bid 99-00-0328, until a new bid is competitively issued and a new contract is in place. A request has been made of the Support Services Scction to provide bid specifications for a new bid to be issued in the near future for these services. This information will be submitted to thie Department of Purchasing for the selection of a qualified vendor(s) through a comperitive bid process. Your approval below is requested to pay for past due invoices and for necessary maintenance services to be performed until a new contract is in place. BUDGETARY REVIEW AND APPROVAL: Account Cuda No. 001000.290201.6.670 Amount: $31,326.44 4• •Linda M. Haskins Director Department of Management & Budget RM lr ----Cftef i1�1� � - 61-c , MIMO of i is "�Alo'�Z- 1 I?atc 81 NATURE 02— 410