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HomeMy WebLinkAboutR-99-095440 - 1 4. Q a J-•99-1007 12/2/99 RESOLUTION NO. ej 9 " 954 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR FIFTHS (4/5T11s) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE REPAIRS TO THE AIR CONDITIONING CONDENSING UNIT AT THE POLICE DEPARTMENT HEADQUARTERS BUILDING, BY CARRIER CORPORATION, IN AN AMOUNT NOT TO EXCEED $5,735; ALLOCATING FUNDS THEREFOR FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. WHEREAS, the Department of Police requires repairs to the air conditioning condensing unit which cools the electrical circuit boards at its headquarters building; and WHEREAS, communication failures have been caused by the electrical circuit boards overheating and burning out; and WHEREAS, the Chief of Police and the City Manager determined that the repair of the air conditioning condensing unit at the headquarters building constituted an emergency; and WHEREAS, Carrier Corporation, the current provider of air conditioning maintenance service for the Department of Police, CITY COM USSIOD MEETING OF D E D 1 ij 1999 Resolution No. 9 4 was chosen to make the necessary repairs; and WHEREAS, funds are available from the Police General Operating Budget, Account Code No. 001000.290201.6.670; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5th,) affirmative vote of the members of the City Commission, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bids, and approving the repairs to the air conditioning condensing unit at the Police Department headquarters building, by Carrier Corporation, in an amount not to exceed $5,735, for the Department of Police is hereby ratified, approved and confirmed, with funds therefor hereby allocated from the Police General Operating Budget, Account Code No. 001000.290201.6.670. Section 3. This Resolution shall become effective - 2 - 99- 954 immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 74th day of December 1999. JOE CAROLLO, MAYOR In accordance with Miami Coda Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, eaid leri�l^" v becomes effective with the elapse of ten (10) days fr he dat.- f Ccmrr,iss`.: -n regarding same, without the Mayor exe .• in e ATTEST: Walter Q. F QA a , ity Clerk WALTER J. FOEMAN CITY CLERY^ TO AND CORRECTNESS A 36:RCL:hdb '-� 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. - 3 - 29- 904 CITY OF MIAMI, FLORIDA 22 INTER -OFFICE MEMORANDUM To: I ne Honorable Mayor and Members DEC - I of the City mmisslon DATE: r FILE: SUBJECT: Resolution Ratifying City Manager's Action IL dff FROM. arS aW REFERENCES: Emergency Purchase for City Manager the Repairs to the Air ENCLOSURES: Conditioning Condensing Unit nj RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution ratifying the City Manager's emergency action authorizing repair of the air conditioning condensing unit at the Police Department's Central Headquarters, in an amount not to exceed $5,735.00. Funding is available from the Police General Operating Budget, Account Code No. 001000.290201.6.670. BACKGROUND The Police Department was experiencing communications failure as a result of the circuit boards overheating and burning out. Carrier Corporation was contacted and submitted a proposal for repairs totaling $5,735. Due to the critical nature of this equipment, repairs could not wait while we went through the normal bidding process. Carrier Corporation was selected since they are the current provider of air conditioning maintenance services for the Police Department. Wse- DHW: WEO:lr CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Donald H. Warshaw City Manager William E. O'Brien Chief of Police �o Description of commodity/service needed OCT 19 1999 _ FnN 16-2 - Emergency Purchase epairs to Air Conditioning Condensing Unit It is necessary for the Police Department to repair the air conditioning condensing unit at the Central Headquarters Building which cools the electrical circuit boards. Emergency Justification The Police Department's has been experiencing communications failure as a result of the circuit boards overheating and burning out. Carrier Corporation was contacted and has submitted a proposal for repairs totaling $5,735. Due to the critical nature of this equipment, repairs cannot wait while we go through the normal bid process. The department is, therefore, requesting your approval of an Emergency Purchase for the repair of the air conditioning condensing unit from Carrier Corporation. Reason for selecting vendor Vendor is the current provider of air conditioning maintenance service for the Police Department. Total cost of purchase $5,735.00 9 9 - 954 C-D Donald H. Warshaw Page 2 RO ISAPPROVED: onald H. Warshaw City Manager Date Office of Bud et and Mana ement Anal sis A royal: Account Code: 001000.290201.6.670 Amount: $5,735.00 Luie L. Brennan Interim Director Department of Management & Budget WEO:ir 0-/` Date my of Nknd one a Omb /0-/ 5- gy Thn) rAW& mow$ 2.760W.9y k ' f ONO= 01 o/ c 7 �Joz/ Vsriif" lam; a1� Sy— 954 OCT 13 1999 1 016 9 0 305590137*; 93055796107 P.02iO3 Proposal OCT 1. 1999 LEGISLAT1.4'Wil DETAIL %W=r- To: City of Miami Police Department Central District Station 400 NW Z4 Avenue, Miami Florida Attn: Mr. Danny Gonzalez Building Sydems & Services bivieion of Carrior Corporation 2100 N.W. RM Court Miami, FL 33172.2433 Telephone (305) SW1415 Date: October 11,1999 Proposal No.: 99-810-16 Project Name: Repair to 7.5 ton Condensing Unit We or000se to provide the ecessary lab_ or and material to: Make repairs to the 7.5 ton condensing unit that covers the radio room. The existing unit Is in desperate need of repair and will continue to break down if not repaired immediately. If this equipment is not repaired, It could lead to problems with the radio equipment and possible down time. This Proposal Includes: • Engineering • Equipment, parts, tools, instrumentation and miscellaneous materials • Clean-up and clean-up materials • Final check-out and Factory startup of equipment • Instruct owners personnel on correct operation of equipment This Proposal does not include: N/A The benefits of Performina_this work include: • Improved equipment eff clency • Improved equipment reliability • Increased comfort in building • Reduced energy costs Price and Payment Terms: Price $ 5,735.00 This proposal expires on: October 31,1999 Terms: Net due upon receipt. Pricing and acceptance are based upon Terms and Conditions on the reverse side. (Full I®gal name of Customer) Signature Title Date l // - Signature (/ Regional Service Supervisor ,�99Is — /,.2, The Terms and Conditions on reverse side are part hereof Date OCT 13 1999 10!17 FR 00 3055901370 93055796107 P.03iO3 14 TERMS AND CONDITIONS 1. CARRIER shall mean Carrier Building Services, Carrier Corporation, and "CUSTOMER" shall mean addressee on the reverse Side hereof. 2, TERMS OP PAYMENT to CARAVi snarl be net upon ►ecelpt or invoice In a1d ,.on to:he price. the CUSTOMER #.hall pay CARRIEA any appticillble taxes or governrnFnl t:hsrges which are required in connection with the serY:CE or material furnished. 3, PAA'TIAL irvvC)CE(S) may be submitted for any portion of delivered matena and/or completed work. 4. At7D(T(ONAL AEPAIRC'MATffRIALS. Duo to the complexity of the equipmert, as worn progresses there may be the need for additional repairs or materials whie.1% eo..ld rot have been sntie+pated at the time this arreoment was accepted Therefore, the price, subject to provisions herein, may be adjusted Mowe%or. CARAM V thal! notify CUST C+MSR of the price and de9erip!ibn of on additional work or material. If CUSTOMER does not notify CARRIER to proceed wtirl such add:tior,ai worts or material. the CUSTOMER agrees ;o pay CARAiER for all work completed and/or material furnished. S. b&LAYS occatianed by conditions beyond tra reasonab!a contra) of either party shall not be the liability of either party to this agreement. a. WARRANTY CAAR)@R guarantees that all )arbor provided shall be performed it a workmanlike manner No claim for defective workmanship maybe brought upon Any cause of action. howe.el unia.w CUSTOMER has provided CARRIER with written notice of such defect within sixty fW) days after completion ct work CARRIER also warrants against defect% in rnatertals. design and workmanship of ail CARRIER Manufactured par,(s) or compOhenr(s) supplied here- under for aperiod of one (1) year from date of shipnMent. it any geniis) or tOrn0o"ril(s) should prove deleetive during the aforementioned warranty period. CARRIER will at its action repair, r=place cr issue credit for any sLcn item provided they were rot damaged. abused. or affected by chemical properties. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPPESSED, IAt=L1=p CA STA7 iaTCRY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTASILITY AND FITNESS FOR A PARTICULAR PURPOSE CARRICA'S obligation, to repair, replace or issua credit for any dafpctrvo pa.^.(s; cr comporant(s) shall ba CUS T OMER'S exclusive remedy underthis agreement. part(s) or comr.ponent(s) furnished by ethers m CARRIER carry the same gua•antoe tv CUSTOMER as CARRIER receives. 7. INSURANCE AND LiENS: CARRIER warrants thal. ins work ancVor moleriws fiormamoO are free from all Dens of whatsoever hature, that it has com- piled with all applicable Federal or State laws, ordinances or regulations concernm.a the work to be performed. miatena)s furnished and employees performing the work hereunder. CARRIER agrees to maintain adequate ins.irarce to carer beddy or proporty damages while upon CUSTOMER'S premises and durirt5 its performance of the service. S. CARRIERS MAXIMUM LIABILITY lUsed upon any cfa:m or cause of action (except for personal injuries) shall not exceaa the price aliwabse in this Agreement to any product or service alleged to be the cause of any lass or damage to CUSTOMER. 9. CARRIER SMALL NOT, under any cireurnstarces. be liable for any accident, in;ury. breakage, loss oe damage to the equipment or machinery. appliances, or property connected therewith, or thr resultant consequences, unless such loss ordamage is caused by negligent acts of omission or commission by CAMAMA'S agents. arnployees or subcontractors. 0. CARRIER SHALL NOT BE LIABLE for damages due to c"micalrelectro-chemical attack, any currently existing dafectivacondition(s) including any future progression of such drifective cbndition(s), or -any other cause beyond CAARiEA'S ►eaconable control. I. NEITHER PARTY to this agreement shall hold the other responsible for any indirect or consequential damages of a commercial nature such as. out not limited to, loss of revenue or loss of use or any equipment or facilities, or for commercial damages based on strict liability. 2. BOTH PARTIES agree that any claim arising from the performance or rortporlonrance of this agreement, whether based upon contract. negligence, strict liability or Otherwise, shall be brought within one (1) year from the date such claim arose. 3. IN THE EVENT of a Judicial determination that any provision within this agreement is unenforceable or falls in its essential purpose, such determine- tlon shall have no effect on the enforceability of the balance of the provisions herein, 4. CARRIER SHALL NOT be required to perform tests. install any items of equipment or make modifications that maybe recommended or directed by insurance companies, govemment. state municipa! or other authority. S. CARRIER shall provide the services and/or pans in aeeordar,ee with the "Terms and Conditions". "Scope of Service". and attachments (if any) which constitutes an entire agreement and shaft become valid after acceptance oy CUSTOMER and approved by CARRIER. Reference to CUSTOMER'S request tot i:uolation or other documents are made a mart of this agreement only ;o the extent that such items or terms are consistent with thisagroo- meat. No course of prior daalinps between parties and na usage of the trade shall be relevant to supplement orexplain any*( the terms and conditions hereof.