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HomeMy WebLinkAboutR-01-1214J-01-980 10/29/01 0 i RESOLUTION NO. � d 12 14 A RESOLUTION OF THE MIAMI CITY COMMISSION, 13Y A FOUR-FIFTHS (4/5T118) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED 13IDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SUPRA MAX LOCKBOXES FOR THE ELEVATOR SECTION OF THE BUILDING DEPARTMENT FROM SUPRA PRODUCTS, INC., SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 421001.560302.6.719. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/5ths) affirmative vote the members of the City Commission, after a duly advertised public hearing, the City Manager's finding of sole source is ratified, approved and confirmed, the requirements for competitive sealed bidding procedures is waived and the procurement of Supra Max lockboxes for the elevator section of the Building Department from Supra Products, Inc., sole source CITY COMMISSION MEETING CSF moo► 1 5 ?0:91 Resolution Nd. i -l214 provider, in an amount not to exceed $10,000, is approved, with funds allocated from Account Code No. 421001.560302.6.719. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.l� PASSED AND ADOPTED this 15th day of November , 2001. r�rWN�4r1F JOE CAROLLO, MAYOR ir3 :'�.�'j',t,p f l'ilf r WALTER J. FOEMAN CITY CLERK APPROV.E6 A TO @eRM AND CORRECTNESS:t-- fAN&F CLLARELLO Y ATTORNEY W5799:LB Zi 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 . '"" cV L: • • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission DATE : OCT 31 2001 SUBJECT : Sole Source: Supra Products, Inc. REFERENCES : ENCLOSURES: FILE : RECOMMENDATION It is respectfully requested that you approve a finding that would support our decision that Supra Products, Inc. located at 4001 Fairview Industrial Drive, S.E., Salem, Oregon 93702-1142 (P.O. Box 3167, Salem, Oregon 93702), is the sole source provider for Supra Max lockboxes. The proposed cost is not to exceed $10,000. Funding is available from Project No. 421001.560302.6.719. BACKGROUND The City of Miami has an inter -agency agreement with the Department of Business Regulation, Division of Hotels and Restaurants relating to the certification, permitting, and inspections of elevators. The City enforces the Elevator Safety Code, as per this agreement, and is responsible for the safety of these devices throughout the City. Supra max lockboxes are necessary in order to safely secure the keys that will allow elevator inspectors and firefighters to manually control an elevator in cases of emergency. All new elevators must be equipped with a Supra Max lockbox that the Building Department provides for a fee. Funds are available from our Account No. 421001.560302.6.719. i�-'' )4, CAG/e /HL/RB 1� s� 14 Carlos A. Gimenez TO: : City Manager FROM: C Hector Lima, Director Building Department 0 CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM September 11, 2001 DATE: FILE SUBJECT: Sole Source: Supra Inc. REFERENCES: ENCLOSURES: The Building Department has verified that funds are available with the Department of Budget & Management Analysis for elevator keyboxes, for a total amount of $10,000.00. Funds will be available from 421001.560302.6.340 from FY 2002 budget. BUDGETARY REVIEW &c APPROVED BY: rLinda Haskins, Director Department of Budget & Management Analysis CAGIDB/HL/rb Date:_�P e - C* of hum � Time Amount of 155' q 6'7 is tva ublrina�oon W� F•x a2 z o!• 5 o a I CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO: Carlos A. Gimenez DATE: October 4, 2001 FILE! City Manager SUBJECT: Sole Source to Acquire Supra Max Lockboxes FROM: REFERENCES: Jud Carter, D' ector ie roeure nt Officer ENCLOSURES: An inves 'gation was conducted by staff to determine whether Supra Products, Inc., a non -minority / non local vendor, 1 cated at 4001 Fairview Industrial Drive S.E., Salem, Oregon 93702-1142, is the sole source provider for of Sylpra Max Lockboxes, for an amount not to exceed $10,000.00, on behalf of the Department of Building. Fundi is available from Project No. 421001.560302.6.719. The Department of Building has an inter -agency agreement with the Department of Business Regulation, Division of Hotels and Restaurants, relating to the certification, permitting, and inspections of its elevators. The City enforces the Elevator Safety Code, and is responsible for the safety of these devices throughout the City. Elevator keyboxes are necessary in order to safely secure the keys that will allow elevator inspectors and firefighters to manually control an elevator in cases of emergency. These keyboxes, known as Supra Max lockboxes, have been acquired by all parties from Supra Products, Inc. All new elevators must be equipped. with an elevator keybox that the Building Department provides for a fee. The City is. seeking to continioe to obtain Supra Max lockboxes from Supra Products, Inc. Further, according to Supra Products, Inc.: they are the sole manufacturer and distributor of the Supra Max lockbox, as they are the sole source provider of this product. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Supra Products, Inc. is the sole source provider of the Supra Max lockboxes, for a total estimated amount not to exceed $10,000.00, on behalf of the Department of Building. Funding is available from Project No. 421001.5 60302.6.719. 0 PPR �� � ��I/ I. .t CAG/DB/JSC/peb DATE: 14 CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM To Judy Carter DATE October 10, 2001 FILE Chief procurement Officer SUBJECT : Sole Source: Supra Max Lockboxes FROM : REFERENCES: Hector Lima, Director ENCLOSURES: Building Department It is respectfully requested that you approve a finding that would support our decision that Supra Products, Inc. located at 4001 Fairview Dr. SE, Salem, Oregon 97302, is the sole source provider for Supra Max lockboxes. The Building Department is responsible for enforcing the Elevator Safety Code by permitting, inspecting and certifying elevators throughout the City. The Elevator Inspectors must have access to these elevators as they perform these functions on a daily basis, as well as Firefighters on emergency calls to these structures. Supra Max lockboxes are necessary in order to safely secure the keys that will allow to manual control of an elevator. All new elevators must be equipped with a Supra max lockbox. The Building Department provides these boxes for a fee. Therefore, if the above cited request for sole source finding as it pertains to Supra Products, Inc. meets with your approval, please sign in the space provided below. d Date s 4� • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Judy Carter, Director Department of Purchasing FROM: AwtZ4 r Q Pamela E. Burns, CPPB Sr. Procurement Contracts Officer DATE: October 4, 2001 FILE: SUBJECT: Sole Source to Acquire Elevator Keyboxes REFERENCES: ENCLOSURES: I conducted an investigation to determine whether Supra Products, Inc., a non -minority / non local vendor, located at 4001 Fairview Industrial Drive S.E., Salem, Oregon 93702-1142, is the sole source provider for the acquisition of Supra Max Lockboxes, for an amount not to exceed $10,000.00, on behalf of the Department of Building. Funding is available from Project No. 421001.560302.6.719. The Department of Building has an inter -agency agreement with the Department of Business Regulation, Division of Hotels and Restaurants, relating to the certification, permitting, and inspections of its elevators. The City enforces the Elevator Safety Code, and is responsible for the safety of these devices throughout the City. Elevator keyboxes are necessary in order to safely secure the keys that will allow elevator inspectors and firefighters to manually control an elevator in cases of emergency. These keyboxes, known as Supra Max lockboxes, have been acquired by all parties from Supra Products, Inc. All new elevators must be equipped with an elevator keybox that the Building Department provides for a fee. The City is seeking to continue to obtain Supra Max lockboxes from Supra Products, Inc. Further, according to Supra Products, Inc., they are the sole manufacturer and distributor of the Supra Max lockbox; as they are the sole source provider of this product. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Supra Products, Inc. is the sole source provider of the Supra Max lockboxes, for a total estimated amount not to exceed $ 10,000.00, on behalf of the Department of Building. Funding is available from Project No. 421001.560302.6.719. Y APPRO D: DATE: udy arter, ro cement Officer SEP -21-2001 PRI 10:46 AM SUPRA PRODUCTS FAX NO. 5033641255 P. 02 S '-U 0 RA AC'C 153 ON rG:OL & IN r0RN1AI I()N September 19, 2001 City of N ia.mi Building Department 444 SW 2nd Avenue Miami, FL 33130 ATTN. Tony Bosque Supra Products, Inc. is the sole source manufacturer and provider of the Supra Safe. It is not available thrOLIgh any other distributor due to the secure nature of the product. Should you regidre any other information regarding this or any other Supra product, please do not hesitate to contact us. We look forward to hearing from you soon. Jean Blake Customer Support Manager Supra Products, Inc, Supra Products • 4001 FolMaw InduOrIal Or SE •Salem, Oregon 97302-1142 • EMS47-0252 • Fox 5.03-364-1285 4 www.supro-produC[s.corn C4rnv my o} I(1 ancoly 1114„ u l — 1214 0 SOUTH FLORIDA B1LG MDE-fiREyISED 1994) 3905.10(c) Any required exit stair which is located that it is necessary to pass through the lobby or other open space to reach the outside of the building shall be continuously enclosed down to the lobby level, or to a mezzanine within the lobby. See Paragraph 3110.2(8) of this Code. (d) No floor below the level of exit discharge, used only for storage, heating equipment, or other purposes other than residential occupancy open to the public, shall have unprotected openings to floors used for residential purposes. 3906 ELEVATORS 3906.1 Elevators shall be arranged for fire emergency or other use in accordance with the requirements of Chapter 32 of this Code and the American Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walls, ANSI Al7.1. 3906.2 In order to facilitate Fire Department or other emergency use of elevators, a key box to be mounted in plain view in the designated lobbies of each fire division having automatic elevators, shall be provided at the time of issue of the elevator permit, and said key box shall be secure and shall contain at least one key for operation of each elevator cab in that group. Only the Fire Department and Elevator Inspector having jurisdiction shall have a key to this box. 3906.3 Buildings 75'-0" or more in height may have the by-pass position of the 3 -position key -operated elevator switch shall be activated by a constant pressure on that switch, or the by-pass shall be relocated to the fire command center . and an on-off switch remain located in the elevator lobby. 3907 STANDBY POWER, LIGHT AND EMERGENCY SYSTEMS 3907.1 EMERGENCY POWER GENERATION SYSTEM: (a) GENERAL: (1) Every building more than 75-0" in height shall be provided with permanent means for emergency power generation complying with Article 700 of the National Electrical Code, NFPA 70. EXCEPTION: Where all required emergency and standby equipment and systems are served by approved, independent secondary electrical supplies or approved prime movers. (2) Every power, lighting, signal and communications facility required by this Chapter and Chapters 31 and 32 of this Code shall be connected to an approved emergency power source. 39-19 0 INTERAGENCY AGREEMENT BETWEEN THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS AND THE CITY OF MIAMI FOR DELEGATION OF STATUTORY AUTHORITY PURSUANT TO CHAPTER 399, FLORIDA STATUTES, TO REGULATE AND ENFORCE ELEVATOR SAFETY The Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter "Division"), and The City of Miami (hereinafter "Contractor"), enter into this agreement in accordance with the provisions of section 399.13, Florida Statutes, whereby Contractor will issue construction permits, temporary operation permits, certificates of operation, will provide inspection of elevators, and will enforce the Elevator Safety Code, pursuant to the requirements of Chapter 399, Florida Statutes, and Rule Chapter 61C-5, Florida Administrative Code effective February_ 1_ 2000 on the last date executed below whichever is later. This agreement is subject to the following conditions: 1. Contractor shall comply with the requirements of this agreement and all provisions and obligations contained in and imposed by Chapter 399, Florida Statutes, and Rule Chapter 61 C-5, Florida Administrative Code. In return, Contractor may collect and retain the statutorily authorized fees and fines associated with performance of the obligations, which fees and fines would otherwise be collected by the Division. This contract does not address, legally or otherwise, any additional fees imposed by local ordinance. 2. This Agreement incorporates in full as if fully set forth herein the provisions of Chapter 399, Florida Statutes, and the Elevator Safety Code as set forth in Rule Chapter 61C-5, Florida Administrative Code, as these provisions presently exist and as they may be amended from time to time. 3. Contractor shall inspect elevators in accordance with Section 399.061, Florida Statutes. Each inspection shall be competently conducted by the holder of a valid certificate of competency issued by the Division. For each inspection performed; the inspector shall complete an inspection report on a form approved by the Division, Exhibit B. Contractor, as employer and supervisor of the inspector, assumes responsibility for the inspector's compliance with elevator inspection standards and for correcting any deficient performance by an inspector, except that the Division retains sole authority for action against the inspector's certification. 4. Contractor assumes the duty of enforcing the provisions of Chapter 399, Florida Statutes, the Elevator Safety Code, and all other applicable and authorized elevator laws, rules, and ordinances, and shall take enforcement action against any elevator owner or other person who violates the provisions of Chapter 399, Florida Statutes. All enforcement activities shall be conducted in accordance with the provisions of Chapter 399, Florida Statutes, and Rule Chapter Page 1 of 1 01-121.4 0 0 61 C-5 Florida Administrative Code, and shall be reported to the Division in a manner specified by Division. 5. Contractor agrees to provide the Division with a monthly activity report in a format approved by the Division, Exhibit A, attached reflecting the number of permit applications received, permits issued, inspections conducted, and enforcement actions initiated. Contractor shall maintain accurate records and documentation, including copies of all permit applications received, all inspection reports and certificates of operation issued, for inspection by the Division pursuant to Section 399.13, Florida Statutes. 6. Section 399.125, Florida Statutes, requires that an elevator owner report any accident occurring on or in an elevator which results in bodily injury or death and which is presumably caused by malfunction of the elevator. The report must be made within five working days of the accident on DBPR Form No. 5023-014, Elevator Owner's Accident Report Fonn, Exhibit C. Contractor shall provide the Division with copies of all such accident reports within 30 days of Contractor's receipt of the report. 7. Contractor acknowledges that all records and reports required by this agreement and Chapter 399, Florida Statutes, are subject to public access in accordance with Chapter 119, Florida Statutes, unless exempted, and must be maintained by Contractor for a period of three years after the useful life of the document, or according to the retention schedule employed by the Division's Bureau of Elevators for similar documents. 8. The Division retains all authority with respect to certificates of competency, pursuant to Section 399.045, Florida Statutes. Contractor may not issue certificates of competency or take action against the holders thereof pursuant to that section. However, Contractor shall report to the Division all known or suspected violations of Chapter 399, Florida Statutes„ or the Rule Chapter 61 C-5 Florida Administrative Code, committed by certificate holders. 9. Contractor may grant exceptions to Rule Chapter 61 C-5 Florida Administrative Code as authorized by the Rule Chapter 61C-5 Florida Administrative Code only with prior express written approval of the Division. 10. Pursuant to.this Agreement, Contractor acts in the place of the Division and not on behalf of the Division as an agent or representative. Contractor is responsible for all costs incurred for performance of the delegated responsibilities, and indemnifies the Department of Business and Professional Regulation, the Division, of Hotels and Restaurants, the Bureau of Elevators, their employees and representatives for any action brought as a result of Contractor's acts or failure to act under this Agreement to the extent of Chapter 768.28, Florida Statutes. 11. Contractor shall permit the Division access to all documents, papers, letters, or other materials relating to any actions taken pursuant to authority delegated under this agreement. If Contractor refuses such access, the Division may petition any court for an order compelling production of or access to such documents. Any costs associated with such an action will be paid by Contractor. Contractor's refusal of access by Division to documents constitutes a basis for the Division's unilateral cancellation of this Agreement. The Division is entitled to venue in Page 2 of 4 01-1211 Leon County, Florida, for any disputes arising from this Agreement with Contractors. If Contractor engages in litigation with the Division of the terms or applicability of this Agreement, Contractor assumes responsibility for its attorney fees and costs. 12. Section 399.13, Florida Statutes, provides that the Division may delegate authority only to municipalities and counties. Therefore, Contractor may not assign or subcontract this Agreement or any portion of it. However, if an emergency situation temporarily prevents Contractor's performance of the duties and responsibilities delegated in this Agreement, the Contractor may request written permission from the Division to solicit assistance from any other municipality or county that has also received a delegation of authority from the Division. Such assistance may not exceed six months without prior written permission from the Division. 13. Contractor shall not issue a certificate of operation until, upon final inspection, the elevator company supervisor signs an affidavit, witnessed by Contractor's inspector, which provides that the supervisor directly supervised construction and/or installation of the elevator. 14. The Division may at any time verify by inspection. Contractor's compliance with applicable standards or otherwise assess the effectiveness of Contractor's inspection program and enforcement activities, as well as the accuracy of the inspections performed. Division shall notify Contractor in writing of any deficiencies noted and provide to Contractor appropriate documentation, where appropriate. Contractor shall remedy the deficiencies within 30 days of the notice. 15. If the Contractor fails to comply with or enforce the provisions of Chapter 399, Florida Statutes, or Rule Chapter 61C-5, Florida Administrative Code, or violates the terms of this Agreement, the Division may cancel this Agreement immediately. i 6. Either party may cancel this agreement by providing written notice of cancellation one hundred eighty days prior to the effective cancellation date. 17. This document and the attachments hereto constitute the entire Agreement between the parties and no other agreement or modification, express or implied, shall be binding on either party unless it is reduced to writing, titled as a Modification, Amendment, or Addendum to this Agreement, executed by both parties, and attached to this Agreement. 18. Contractor's employment of unauthorized aliens is a violation of section 274(e) of the Immigration and Nationalization Act and shall be cause for the Division's unilateral cancellation of this Agreement. 19. This agreement shall be effective immediately upon, its execution by both parties, subject to any contingencies herein stated. IN WITNESS WHEREOF, the parties have executed this instrument for the purposes �r (- expressed herein, this 7 day of c-4�e-, 2000. Page 3 of 4 i FOR THE DIVISION: Signed in the Presence of r� u SUSAN R. McKINLEY, DIRE OR Division of Hotels and Restaurants A ,il r? { 1 {1 r `x PProv 6/ CYNTHIA A. ENDE SON 1� J Secretary, Department of Business and Professional Regulation As to the Department of Business and Professional Regulation, Division of Hotels and Date approved:P( 4,,u.t-PO Restaurants ■■■■■rrrrrrr�rr�rr■■rrrrrr■■rrrr'�rr■rarrrrrrrrr■rr■r■■ ■■arra■■■�■r•■■■■■ FOR THE CITY OF MIAMI (CONTRACTOR) Car ene Xit:y Manager �trest (MAYOR OR OTHER AUTHORIZED / REPRESENTATIVE) � L, May 26, 2000 Date Page 4 of 4 u1-1214 0 AWARD SOLE SOURCE 01-02-010 0 ITEM: Acquisition of Supra Max Lockboxes DEPARTMENT: Building TYPE OF PURCHASE: Single Purchase REASON: The Department of Building has identified a need to acquire elevator keyboxes for elevators located throughout the City. Elevator keyboxes are necessary to safely secure the keys that will allow elevator inspectors and firefighters to manually control an elevator in cases of emergency, and all new elevators must be equipped with an elevator keybox provided by the Building Department. The City further has an inter -agency agreement with the Department of Business Regulation, Division of Hotels and Restaurants, relating to the certification, permitting, and inspection of elevators. The City enforces the Elevator Safety Code and is responsible for the safety of these devices throughout the City. These keyboxes, known as Supra Max lockboxes, have been purchased from Supra Products, Inc. RECOMMENDATION: It is recommended that award be made to Supra Products, Inc., the sole source provider, for the procurement of Supra Max lockboxes utilized by the City, for a total estimated amount not to exceed $10,000.00, on behalf of the Department of Building. Funding is available from Account No. 421001.5 60 302.6.719. SoleSource01-02-01 OSupraMaxLockboxes :1. - 1, 4 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 0 TO Walter A. Foeman DATE . October 14, 2001 FILE City Clerk SUBJECT ' Public Hearing Notice: Supra Max Lockbox FROM : _ / REFERENCES actor Lima, Director ENCLOSURES Building Department Attached hereto, please find public hearing notice for a waiver of the requirement for competitive sealed bidding procedures for the procurement of Supra Max lockboxes for the Building Department from Supra Products, Inc. The only manufacturer and provider of the Supra Max lockbox is Supra Products, Inc. due to the secure nature of the product. This item is scheduled for the Commission meeting of October 25, 2401. Please contact Rosie Brown, at (305) 416-1104, if you have any questions. Agenda Coordinator io: CITY OF MIAMI NOTICE TO THE PUBLIC A public hearing will be held by the City Commission of the City of Miami, Florida, on November 15, 2001, at 9:00 a.m., in the City Commission Chambers at City Hall, located at 3500 Pan American Drive, Miami, Florida, for the purchase of Supra Max lockboxes from Supra Products, Inc., (Non-minority/Non- local vendor located at 4001 Fairview Industrial Drive, S.E., Salem, Oregon 93702-1142) as a sole source acquisition, in an amount not to exceed $10,000. Inquiries from other potential sources of such a product who feel that they might be able to satisfy the City's requirements for this item may contact Pamela Burns, Senior Procurement Contracts Officer, City of Miami Purchasing Department, at telephone number (305) 416-1905. (City Seal) Walter J. Foeman (410401) City Clerk