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HomeMy WebLinkAboutR-00-0770J-00-709 9/13/00 RESOLUTION NO. 00— 770 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 BIDS, AND APPROVING THE DEPARTMENT OF POLICE'S PURCHASE OF FUEL FROM MIAMI—DADE COUNTY FUELING FACILITIES, IN AN AMOUNT NOT TO EXCEED $229,632; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.715. WHEREAS, due to rising fuel costs, the Departments of Police and General Services Administration exceeded the existing contract amount of $1,300,787 allocated for fuel consumption; and WHEREAS, it was necessary -for the Police Department to request an emergency purchase for the continued provision of fuel from Miami -Dade County fueling facilities for the months of April and May 2000; and WHEREAS, the City Manager approved the emergency purchase for the provision of fuel from Miami -Dade County,.in an amount not to exceed $229,632; and CITY CO MEET= SEP 1 4 2000 Fiesaluiion No. 00� 770. WHEREAS, funding to cover this expenditure is available from the Police General Operating Budget, Account Code No. 001000.290301.6.715; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISION 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. Section 2. By a four-fifths (4/5th,) affirmative vote, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bids and approving the Department of Police's purchase of fuel from Miami -Dade County fueling facilities for the months of April and May 2000, in an amount not to exceed $229,632, are ratified, approved and confirmed, with funds allocated from the Police General Operating Budget, Account Code No. 001000.290301.6.715. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ l 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 3 00- 170 PASSED AND ADOPTED this .14th day of September 1 2000. JOE CAROLLO, MAYOR lh accordant '10#1' ar! Cod; % Sm. 2--&", sir�s tre ktaj�,cr did not hdca"S aPP0al Of this 160,101Won by str;rdo") 'it 0 thev 4 jt, -,-j, boobffitt ello.,pz.9, of ten c�,,,ays from, fha da -le ek co.mraisallom e-^Zon ragarding oamo, without the t&p., cxs.rcising a vato. ATTEST: ter J. Foeman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED,FORM ANS- CORRECTNESS:t/I RO 'rfLAqrELLO TORNEY W0601: BSS:LN:dd:kdw Page 3 of 3 770 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROMom""7 ity Manager RECOMMENDATION REI DATE: AUG L ;i` FILE SUBJECT: Resolution Ratifying City Manager's Action REFERENCES: Emergency Purchase of Fuel ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution ratifying the City Manager's emergency action authorizing the purchase for the continued provision of fuel from Miami -Dade County fueling facilities for the Police Department, in an amount not to exceed $229,632. Funding is available from the Police General Operating Budget, Account Code No. 001000.290301.6.715. BACKGROUND Due to rising fuel costs, the Departments of Police and General Services Administration exceed the existing contract amount of $1,300,787 allocated for fuel consumption through May 2000. The Police Department requested and received approval from the City Manager to issue an Emergency Purchase for the continued provision of fuel from Miami -Dade County fueling facilities for the invoiced months of April and May 2000, in an amount not to exceed $229,632. CAG C/JLM/lr 0a- 7O 1p.lTER-OFFICE I'VlETNIORANDUNI Carlos A. Gimenez City Manager �9 1�( 1 Marti/l i ez Chief of Police Description of commodity/service needed Emergency Purchase . - - Fuel It is necessary for the Police Department to procure fuel for its fleet of vehicles. Emergency Justification FiL=_ .. FIN 16-2 Due to rising fuel costs, the department has exceeded the existing contract amount of $1,300,787 allocated for fuel consumption through May 2000. The department is, therefore, requesting the City Manager's authorization for an emergency- purchase for the continued provision of fuel from Miami -Dade County fueling facilities for the invoiced months of April and May 2000, in an amount not to exceed $229,632. Funding Source Account Code No. 001000.290301.6.715 Amount: $229,632.00 Reason for selecting vendor The City of Miami utilizes a Letter of Understanding with Miami -Dade County to use their fueling facilities, which operate 7 days a week, 24 hours a day. APPROVED/DI SAPPROVED City Manager bt, ( vn RMjC/JLM/lr BUDGETARY REVIEW & APPROVAL �( Luie L. Brennan Interim Director Department of Management & Budget 070 Dec -07-99 03:36P GSt� J•98-259 2/26/98 A345-5016 RESOLUTION NO. g s— 275 A RESOLUTION, AUTHORIZING THE USE OF MIAW- DADE COUNTY FACILITIES FOR THE FUELING AND EMISSIONS TESTING OF CITY OF 1.IIAMI VEHICLES, AT THE SAINM ESTABLISHED CONTRACTUAL TERMS AND CONDITIONS AGREED TO IN A LETTER OF UNDERSTAND N. G DATED JULY 13, 1994, FOR AN INITIAL PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, UNDER THE SAME TERIMS AND CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,300,757.00; ALLOCATING FUNDS THEREFOR, FOR THE INITIAL FIRST YEAR PERIOD, FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, LIGHT FLEET MANAGEMENT, FY 98 OPERATING BUDGET, ACCOUNT NO. 503001.420905.6.715; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID FUELING AND EMISSIONS TESTING SERVICES WHEREAS, the Department of General Services Administration, Light Fleet Management Division, has one central fueling facility which has a limited capacity and is unable to provide efficient and cost -effect fueling services to all City vehicles; and WHEREAS, Miami -Dade County has numerous automated fueling facilities located geographically throughout Miami•Dade County that are open seven (7) days a week, twenty-four (24) hours a day; and WHEREAS, opening and operating additional fuel service stations to satisfy all City 00— 770 P.08 MAR 10 NO ZMEWW"Ah OQc-07-99 03:36P GSA, 3004S-5016 P.09 r fueling requirements would not be as cost-effective as contracting for these services with Miami - Dade County, NOW, THEREFORE, BE IT RESOLVED BY THE COND&SSION OF THE CITY OF M,IAAE, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are herebv adopted by reference thereto and incorporated' herein as if fully set forth in this Section. Section 2. The use of Miami -Dade County fuel facilities for the .fueling and emissions testing of City of Miami vehicles, at the same established contractual terms and conditions agreed to in a Letter of Understanding, dated July 13, 1994, for an initial period of one (1) year with the option to extend for two (2) additional one (1) -year periods, under the same terms and conditions,, subject to the availability of funds, in an annual amount not to exceed $1,300,787.00, is hereby authorized with fiends for the initial first year period, hereby allocated from the Department of General Services Administration, Light Fleet Management, FY '98 Operating Budget, Account Code $03001.420905.715 Section 3. The City Manager is hereby authorized to instruct the Chief Procurement Officer to issue purchase orders for said fueling and emissions testing services. Section 4. This Rewhition shall become ti%ctive immediately upon its adoption. PASSED AND ADOPTED this i0th day of March I99t3. XAVIER L. SUAREZ, MAYOR !n KCQ d0co With Misted Code Sam 2-M, mace the M+yor rid not Irl kee appwa l of this fsyislst M by sigrft 4 In ttw desigroded place provided, said 1eg191attion now ATTEST: beooetaea eftcOve with the elapse of ten (10) from the date of Co action r+egardkig Sam, wtthM the ilWar 40 WALTER FOEMAN W n. Clay Cleft CITY CLERK Dec -07-99 03:36P G5� 1 PREPARED AND APPROVED BY RAFAEL O. MAZ DEPUTY CITY ATTORNEY APPROVED AS TO FORM ANO CORRECTNESS: E EEDWARD CITY ATTORNEY., :: ROD/pb,iW2323 -3- 31 45-5016 t P.10 OeC-07-99 03:35P GSA 3* .45 - SO 1 6 r AGREEMENT BETWEEN METRO -DADS COUNTY AND CITY OF MIAMI P.O6 THIS AGREEMENT, was entered into the 13th day of July, 1994, by Metropolitan Dade County, GSA, Fleet Management Division (Fleet Management Division or FNM) and the City of Miami, (Requesting Agency). WHEREAS, the City of Miami has requested that the Fleet Management Division provide them with fueling and vehicle emissions testing services; and WHEREAS, the Fleet Managex=t Divisiom operates and manages Metro -Dade fueling stations and vehicle maintenance facilities and has experience in the Beet management industry: NOW, THEREFORE, the parties do mutually agree as follows: I TER This Agreement commenced on July 13, 1994 and will continue indefinitely, subject to the right of either party to terminate, 11 - &ERYIG A_ FMD agrees to provide fuel at any one of its fueling facilities located throughout the County. A list will be provided with the locations and operating hours. B. Magnetic fuel cards will be provided for each vehicle and can be used at any one of the fuel sites. An artificial 6 -digit vehicle M number will be created for each of the vehicles to property identify thein in FMD's database. C. if problems are encountered during fueling, assistance should be requested from an Flom employee on site, if available, or call 375-5186 (as listed on the back of the fuel card) for assistance. Fuel card replacements should be requested by fax to FMD's Fuel Card Section, at 375-2296. 11 1 1 J o u l The requesting agency shall indemnify and hold harmless the county and its officers, employees, agents., and instrumentalities from any and all liability, losses or damages, including attorneys' feea and coats of defense, which the County or its oflieers, agents, and . instrumentalities may incur as a result of claims, demands, suits, causes of actions or 00 770 _Oec-07-99 03:35P G5A 30045-5016 P.07 proceedings.. of any kind arsing out of, relating to or resulting from the partners, principals or subcontractors. The government entity shall pay all claims and losses in connection therewith and shalt investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable,- which may issue thereon: Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay personal injury_ or 'property damage claim or judgment or portions thereof, which when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. Ty • BELLING: A, Fuel cost data will be reflected in the monthly bill. against the specific vehicle numbers. 1-1,. hill "";Ii t,e In 'led t� 4r stld— Ftr and+ea,. DL*tctor of the Department of General SerAces and Solid Wastc, 1390 N.W. 20 Street, Miami, FL, 33I42. B. Paymeni checks to Metro -Bade County should be made out to the BOARD OF COUNTY CONMSSIONER:S and mailed to GSA, M�ector's Offic-,Azcounting Section, 111 N.W. W Street,' Suite 2410,'KarM FL, 33128. C. The cast of services rendered .by FMD to the requesting agency shall be as follows: Fuelingclwses: The price of fuel is based on FMD's actual purchase price, which changes weekly depending on the current weekly fuel price offered by the contracted vendors. To this, a surcharge of 18 cents per gallon 'is added which covers tate environmental and administrative overhead. Vehicle ErnWi ns Testing: The, charge for emissions testing is $$ per vehicle. This covers a first time pass result or a first time fail and one subsequent test. This Agreement contains the entire understanding between the parties and it may be amended by joint agreement in writing of both parties.. METROPOLITAN DARE COUNTY By: Mark H. Glaiber, Director GSA, Fleet Management Division ,. 00 � tL 0 REQUESTING AGENCY BY: Arist a ernandez, Deputy Director Dept oral Services & Solid Waste a H. Warshaw, Chia of p°Zi Miami Police Department: arc -07-99 03:35P GSA ' 3.05-545-5016 INTER -OFFICE MEMORANDUM ocna!d H. Warshaw o -ire March 30, 1999 999 City Manager Extension of ContraCt Letter of Understanding , Director ?partment nE;:E11ENCE`: Auto Fuel & Emission ENCLO`WR1:.S: TeSting Please be advised that the current contract for Auto Fuel & Emission Testing will expire on May 30,1999. The Department of GSA has Indicated no objection to extending the existing contract for auto fuel & emission testing for an additional one (1) year period. This reruest represents the first renewal. The services of Miami -Dade County nave been found to be satisfactory. Your signature below will indicate approval of the extension. Any questions regarding this contract rnav be directed to Gladys Bermudez at (305) 416-1904- A�L - W��--' PPROVED: 6/__r____ Donald H_ Warshaw City Manager DATE: 4f(61� 9 J5C/gmb c: Bid File Danette Perez MV.MMGR ¢X . doe - 770 Oec=07-99 03:34P GSA • jL:1)Y i CARTE -F: )tfeclot 305-545-5016 is i Wtv of l d tum �nw � 4 \fit• �� �: •I L t1!1 NOTICE OF CONTRACT EXTENSION April 26, 1999 Miami -Dade County General Services Admintsuation/Fleet Management Division Attn: Bernard Mc Gress Auto Fuel az Emission Testing 111 NW 1 Street, Sulte 2530 Letter of Undersunding Miami, Florida 33128 Dear Mr. Mc Gress: P.03 DONAI D H. WARSHAW City Manager On March 10, 1998 the City Commission adopted Resolution 98.275 for the Fueling and Emission Testing of the City, of Miami Vehicles, at the same estabiished contractual terms and conditions agreed to in a Letter of Understanding dated July 13, 1994, for an Initial period of one (1) year, with the option to renew for two (2) additional one-year periods, under the same terms and condidons. A review of our Files Indicates that said agreement will expire on May 30, 1999, therefore the City of Miami wishes to extend said contract through Jwii.Ts, 2004. This represents the first of two renewals. ''w V-4 213, 24 oc . Please indicate your consent to this extension agreement by signing and returning this notice to the Purchasing Department (at the address listed below) within seven (7) days of the date of this letter. If unable to extend, a letter of explanation must be submitted. The City of Miami appreciates your continued participation in supplying our needs. Accepted by Title Date r Since yours, o Y S. Caner, Dlrect�f� rchasing Department cc: BID FILE Danette Perez • w LTR t•:xr 01 PARI A11 N: Of 11V 1 IAS:NW-144\ It !list Avl-nov wh I Ito :AL.irn.. I h uul.t 111 10/t It14: 1)I. I' KVI.*.% , 101.A11. 1'rl I M.ul ltldlr,.,. ,.tin. I1ra44t t n+ldnli.1l.Uk` W10,4v Aticirrti.• hUl^:'A t nn.tnn h u. U Auda,p AddyB4 +•. 11 t 1 m. t Itt',U; ".t,a 11 11.'t i I� 1111 ✓✓1 096-07-99 03:35P GSA 305-545-5016 P-05 INTER -OFFICE MEMORANDUM 99 MAR 19 PM 2: i I Juan Pascual, Director ' A = March 18, 1999 GSA Department SORIEc- Extension of Contract A MN..;S'RkT'VE OFFICES Letter of understanding Jdy Ca rector r� AI�MII`l 'tEFcY+rNr�'.: Auto fuel & Ernission • g apartment Testing - hCLf-);�: F -; Pleasea advised the current contract for Auto Fuel & Emission Testing will expire on I May 3 , 1999, The aforementioned contract is subject to renewal on an annual basis with the aper vai of the City Manager. This represents the second renewal. The services performed by 1gMetrOU011tan Dade County for fueling services and emission testing of City of Miami ve les forthispast: year nave been: (please inIda>u Satisfactory ��// Needs; -p ovejmlIo U,nsat:����t.��� i If unsatisfactory, please explain your reason 'in ddetaii on a separate sheet. Please check below your request to extend or to not extend this contract. If yes, please fill out the info mation requested below: Y FY 9P37 !1 • ��cvc...,6�..� li ES NO o_/aoo,:J_fo e/.G.1/Vov,�731J10 ACCOUNT CODE lib .(S):.f 9� d3ad z�1aS.;l�i•: �f���ov�, F�i►>'9~de: Sa3��l,Yz�L.?�f� BUDGETED AMOUNT I/J_ a, 7/ ? f�,54�[•�� �'+ -��a9�rf �+ Mari�r„� BUDGET APPROVAL: Date:._ ,�/P& This memorandum must be returned to this office no later than Friday, APHII 2, 1989 with budget approval. Additionally, please complete the attached Contract Review and Analysis Form and include a copy of SCI Account Summary verifying fund availability, if applicable- Upon receipt of department approval, the Purchasing Department will proceed to secure the appropriate approvals from the city Manager, the Financial Oversight Board and the vendor(s). j Should the contractor be unwilling to extend the contract, new bids will have to be obtained and you will be advised. Upon approval by the city Manager, the Financial Oversight Board and acceptance of the extension by the successful vendor, copies will be sent to your department so that a requisition may be entered into the system - Should you have any questions regarding said matter, please Immediately contact Gladys Bermudez at (305) 416-1904. C: Bid File Danette Perez MQMaxT cluC ou" 770