LTC 228-2017 Report on Emergency Purchases and Unathorized PurchasesMIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
LTC # 228-2017
LETTER TO COMMISSION
To: Mayor Philip Levine and Members f the City t ommission
From: Jimmy L. Morales, City Manage —�
Date: April 26, 2017
Subject: Report on Emergency Purchases nd Unauthorized Purchases
EMERGENCY PURCHASES. Miami Beach City Code Section 2-396 provides for the City
Manager to waive the requirements for competitive bidding for emergency purchases as defined
in the Code. Pursuant to this provision, emergency purchases exceeding $50,000.00 are to be
reported to the City Commission at its meeting following the emergency. The emergency
purchase request process outlined in Code allows the City to respond expeditiously to
unexpected needs. The Emergency Purchase Request form for each emergency reported is
attached.
Emergency Purchases
Form No.
Nature of Emergency
Requestor
Contractor
Value
2016-216
Installation of fencing
along the building
exterior, lighting and
electrical panel upgrade
for 555 -17th Street.
Property
Management
Ronald Gibbons,
Inc., AGC
Electrical, Cree
Lighting
$ 120,000
2016-1791
Repair or replace failing
sanitary sewer on Alton
Public Works
Bergeron Land
Development Inc.
$ 300,000
Road, 5th Street to
Michigan Avenue.
2016-2151
Installation of the
Parking
Pinnacle Security &
$ 84,000
upgrade to the security
camera system at the
Department
Technology, Inc.
Anchor Garage.
2016-2291
Installation of
emergency piping and
temporary waterline on
Public Works
DMSI
$ 330,000
Sunset Isle 3 & 4.
Page I2
UNAUTHORIZED PURCHASES. Miami Beach City Code Section 2-393(a) prohibits the
purchase of goods or services unauthorized by the Procurement Division (typically through the
issuance of a Purchase Order with stated purchase authority prior to the receipt of goods or
services). In its due diligence, the Department of Procurement Management (DPM) has
identified those purchases that have been transacted in violation of the stated Code
requirement. In those cases, the DPM has required documentation and justification be provided
to the City Manager, through the Unauthorized Purchase form, who may then, pursuant to
Code, consider and authorize the purchase. Unauthorized purchases exceeding $50,000 are
reported to the City Commission at its meeting following the approval of the Unauthorized
Purchase form.
Unauthorized Purchases
Nature of
Form No. Unauthorized
Purchase
Requestor
Contractor Value
2015-0491
Rental and accessories
for silent trash pumps,
sewer plugs and
generators.
Public Works
Sunbelt Rentals
$ 91,120
1The noted projects were completed during a prior fiscal year, but were inadvertently not
included in the Report on Emergency Purchases and Unauthorized Purchases for the applicable
month in which the project was completed.
JLM/MT/P16/ME/A
F:\PURC\. ALL\REPORTS\Monthly Reports\FY 2017\Emergency & Unauthorized Purchase Report\April
26,2017.docx
MIAIBEACH
Emergency Purchase
Authorization Request
No.:
2016,
MT
Date:
08/30/2016
Contact Information
Requestor:
Adrian Morales
Location of Emergency:
555 —17th Street
Requesting Department:
Property Management
Required Goods/Services:
Fencing, Exterior Lighting, Electrical Panel
Upgrade.
Contact No.:
305-673-7000 x 2932
Nature of Emergency
Describe Type (threat to public's life, health, welfare or significant loss of property) and Details of Emergency (Attach additional detail, if
necessary, and all available documentation justifying emergency declaration.):
Install exterior lighting and fencing along the perimeter of the building in order to provide safety and
security to the City of Miami Beach employees who perform their daily responsibilities at this facility. It
will also act as a deterrent for any trespassers as well as securing the asset from break ins and
vandalism. The existing electrical panel is not up to code and need to be replaced to be in compliance
with code.
Vendor(s) Information
Proposed Vendor (attach detail if multiple vendors):
Ronald M. Gibbons, Inc., AGC Electrical, Cree
Lighting,
Estimated Cost (if known):
$120,000.00
Describe How & Why Recommended Vendor(s) Selected:
Vendors have current contracts with the City or have performed work for the City previously.
City Code Sec. 2.396. - Emergency Purchases:
(a) City Manager. In case of an apparent emergency requiring immediate purchase of supplies or contractual service, the city manager shall be
empowered to authorize the procurement director to secure by open market procedure at the lowest obtainable price, any supplies or contractual
services not exceeding $25,000.00. The city manager has the authority to act in the case of an emergency that might affect the health, safety and
welfare of the city. Such action shall be reported at the next regular meeting of the city commission when supplies or services exceed $25,000.00.
(b) Head of Department. In case of actual emergency, and with the prior consent of the procurement director, and the prior approval of the city
manager, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of
the using agency that may vitally affect the life, health or convenience of citizens. The head of such using agency shall send to the procurement director
a requisiti• ' and a copy of the delivery record, together with a full written report of the circumstances of the emergency.
Department Head Procurement Director Assistant City Manager City Manager
SIGNATURE:
14
DATE: DATE: DATE:
'4 `3r
,VIIAMIBEACH
Emergency Purchase
Authorization Request
-3
No.:
Contact Information
I Date:
08/31/2015
Requestor:
Bruce Mowry
Location of Emergency:
Alton Road, 5th Street to Michigan Avenue
Requesting Department
Public Works Engineering
Required Goods/Services:
Repair or replace failing sanitary sewer
Contact No.:
305-673-7080
Nature of Emergency
Describe Type (threat to public's life, health, welfare or significant loss of property) and Details of Emergency (Attach additional detail, if
necessary, and all available documentation justifying emergency declaration.):
Alton Road is in the final phase of paving reconstructed road and it has been found that existing sanitary sewers
are failing and are in need of repair or replacement. This work is required per the consent decree with the County
due to excess inflow and infiltration and it requires to be completed immediately. As a requirement of FDOT the
schedule to start paving shall be by September 13, 2015 in order to meet the necessary completion date of the
project.
Ventfor(s} Information
Proposed Vendor (attach detail if multiple vendors):
Bergeron Land Development Inc.
Estimated Cost (if known):
$300,000
Describe How & Why Recommended Vendor(s) Selected:
We are using Contractor selected by FOOT following competitively bid process.
City Code Sec. 2-396. - Emergency Purchases:
(a) City Manager. In case of an apparent emergency requiring immediate purchase of supplies or contractual service, the city manager shall be
empowered to authorize the procurement director to secure by open market procedure at the lowest obtainable price, any supplies or contractual
services not exceeding $25,000.00. The city manager has the authority to act in the case of an emergency that might affect the health, safety and
welfare of the city. Such action shall be reported at the next regular meeting of the city commission when supplies or services exceed $25,000.00.
(b) Head of Department. In case of actual emergency, and with the prior consent of the procurement director, and the prior approval of the city
manager, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of
the using agency that may vitally affect the life, health or convenience of citizens. The head of such using agency shall send to the procurement director
a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency.
Department Head Procurement Director Assistant City Manager City Manager
iNATURE: ' u alarilaa•/ e/s ntnTr mc•
DATE:
SIGNA7
'-31
i
FAWOeK\5ALL1Ili iMPUOrEE FOLDERS \CASTEW1NOS Ch A,w:tOEne,neenne\Em:mencv Purcnau Author mon Farm - Alton eoaa - Berteron.no;.x
TE:
MIAMIBEACH
Emergency Purchase
Authorization Request
No.:
0f,- At -_
Contact Information
PINNACLE SECURITY &
TECHNOLOGY, INC.
Date:
8/29/2016
Requestor:
PARKING DEPARTMENT/ PROCUREMENT
Location of Emergency:
ANCHOR GARAGE
Requesting Department:
PARKING DEPARTMENT/ PROCUREMENT
Required Goods/Services:
The installation of the upgrade to the security camera
system at the Anchor Garage
Contact No.:
305-673-7000 ext.: 6455
Nature of Emergency
The CCTV system in the Anchor Parking Garage is no longer working. This poses a significant concern for the safety of the public
and hinders Police Department efforts to address any potential crime situation. The current camera system is beyond repair
and must have its equipment replaced. To address the ongoing safety concern, the Parking Department is requesting that the
system be replaced immediately with a short term solution that can later be upgraded and integrated with a City-wide security
camera system.
Since this is a significant purchase, the Procurement Department solicited the Invitation to Quote (ITQ) for design and
installation of the security camera system at the Anchor Garage. ITQ 2016 -174 -AK was advertised on July 7, 2016 with bid
opening date of July 26, 2016. The Procurement Department issued notices to the City's current provider, as well as 17 vendors
with eligible cooperative agreements such as: GSA, Miami Dade County, and US Communities, A mandatory site visit was held
on July 11, 2016 at 10:00 A.M., in which 5 (five) vendors participated. The notices resulted in the receipt of three (3) responses
asf
After considering the proposals received, staffs evaluation of the systems and the completion time stated by each vendor, the
Administration recommends a purchase order be issued immediately to Pinnacle Security & Technology, Inc. as the lowest
responsive, responsible bidder meeting all the terms and conditions and specification of the ITQ and able to complete the work
within 30 days.
Vendor(s) Information
Proposed Vendor (attach detail if multiple vendors):
PINNACLE SECURITY & TECHNOLOGY, INC.
Estimated Cost (if known):
$84,000.00
Why was this vendor selected:
See above
City Code Sec. 2-396. - Emergency Purchases:
(a) City Manager. In case of an apparent emergency requiring immediate purchase of supplies or contractual service, the city manager shall be
empowered to authorize the procurement director to secure by open market procedure at the lowest obtainable price, any supplies or
contractual services not exceeding $25,000.00. The city manager has the authority to act in the case of an emergency that might affect the
health, safety and welfare of the city. Such action shall be reported at the next regular meeting of the city commission when supplies or
services exceed $25,000.00.
Department Head ( Procurement Director Assistant City Manager C;ty Mariager
IG NATU •
SIGNATURE:
f
SIGNATU
SIGNATURE:
DATE:
DATE:
DATE:
ATE: 3011
PINNACLE SECURITY &
TECHNOLOGY, INC.
INTEGRATED SECURITY
SYSTEMS
SAFEWARE, INC.
Equipment & Software
$59,210.53
$79,942.94
$124,050.00
Installation cost
$9,600.00
$40,046.36
$32,873.00
Maintenance
$14,446.06
$28,797.48
$30,168.00
$83,256.59
$148,786.78
$187,091.00
Completion time
30days
20 days
60 days
After considering the proposals received, staffs evaluation of the systems and the completion time stated by each vendor, the
Administration recommends a purchase order be issued immediately to Pinnacle Security & Technology, Inc. as the lowest
responsive, responsible bidder meeting all the terms and conditions and specification of the ITQ and able to complete the work
within 30 days.
Vendor(s) Information
Proposed Vendor (attach detail if multiple vendors):
PINNACLE SECURITY & TECHNOLOGY, INC.
Estimated Cost (if known):
$84,000.00
Why was this vendor selected:
See above
City Code Sec. 2-396. - Emergency Purchases:
(a) City Manager. In case of an apparent emergency requiring immediate purchase of supplies or contractual service, the city manager shall be
empowered to authorize the procurement director to secure by open market procedure at the lowest obtainable price, any supplies or
contractual services not exceeding $25,000.00. The city manager has the authority to act in the case of an emergency that might affect the
health, safety and welfare of the city. Such action shall be reported at the next regular meeting of the city commission when supplies or
services exceed $25,000.00.
Department Head ( Procurement Director Assistant City Manager C;ty Mariager
IG NATU •
SIGNATURE:
f
SIGNATU
SIGNATURE:
DATE:
DATE:
DATE:
ATE: 3011
lB EAC
1ile£ii_PUrchas£ :.
ut option Request
No.: 2OtCG-• ;L21
Date:
9-23-2014
Requeston
I Public Works -Operations
location of Emergenc{r
I Sunset Isle 3 & 4
i Requesting Department:
Public Works
Required Goods/Services:
piping, valves and contractor services
I Contact No.:
305-481-2015
Describe Type [threat to public'; life. health, welfare or signif.cant foss of property) and Detains of Emergency (:tach additional detail,
n_ce.ssarf, and all available documentation justifying emergency declaration_):
The City of Miami Beach has experienced a complete failure of the waterline located under the bridge
between Sunset Islands ,=3 & +4. The waterline supplies potable (drinking) water, and fire protection
water to Sunset Island Y3. A minimally sized temporary waterline is required to maintain a partial supply
to the island while the permanent waterline is being replaced. The replacement is required immediately
to insure the public's health is protected with an adequate supply of drinking water, and the property is
protected with an adequate supply of water for fire suppression.
lease find attached quotes for the emergency bypass (temporary waterline) and emergency piping
(permanent) replacement:
Eme ,envy bypass ancrox. 530,000
arid;
Cmere'_'nC_'i oioirr .reoiecement a-_rox 5300 000
J ..mss
elew
i Proposed Vendor (attach detail if multiple vendors): Estimated Cost (if known):
I DMS1 1 330,000.00
Describe How & Why Recommended Vendorisj Selected:
Current Contractor for City of Miami Beach with resources to complete emergency. They have provided
emergency services in the past to the CM3_
City Code Sec. 2436. • Emergency Purchases:
(a) City Manager. In case of an apparent e.meerryercy requiring immediate purchase of supplies or contractual 3eriice. the city manager shall ce
to atithcrze the procurement director to secure by open :ria""r'*at procedure at the fewest obtainable price, any supplies or contactual
3ZINT.9S rot exceeding 32.52CC.Cli. The e city manager has the authority to act in 'he case of an enerperc7 that might affect the health, safety arc .
welfare of the arty Such action shell he repCRBd at the next f guta: meeting of the cityccnm.,s.sion when -supplies or ter.oces exceed r�J_s.36V co
(b) Mead of Department. in case of actual emergency and with the prior consent of :he procurement direcCf and the prior approval of the o ,Ci
manage, the -head of arty using agency-rey urcnene-fir cry -ant supplieserose iiinledate;r cu er ens i es en,:at `to prerern tefayrth the wont ;f
i the us rg agency that may vitally affect the the, health or convenience of citizens. The head of aeon using agency shall par"'o the procurementdirector
a req talon and a cony of the. eiiveri record, r a full written report of the Cirrur'star.ces of the. emerpercr , f
� if _ t�f�effYar'�.vi':,;1r� -j.
5 C-t^fATURE:
SIGN\TJRE: V SIUTs, gATu3E:
t r 5et,„:.,/,-Gtit
DATE/ f DATE. i DA c / /
1 tf?7/ l tr
MIAv1!BEACH
Purchase lnfoniiatian,
Date: Individual Responsible for U ytkored Purchase;) "/
Vendor for Unauthorized Purchase:
SUNBELT RENTALS, INC.
Requisition No.(s):
Amount of Order(s):
$91,120.01
Invoice No.(s);
Attached
Date Ordered:
Date Received:
Goods or Services Received:
RENTALS AND ACCESSORIES
14 Why were prdcurenierit p4rues, mcrudingthe requirement to"obta
ordersi, not followed prior to issuance of order? >, . , ;• r.
necessary approvals and purchase
Unfortunately the former Warehouse Supervisor held back Invoices dating back to October 2013, for a total of $91,120.01,
However, three weeks prior to her departure Mike Alvarez and Elie Fakie asked the former Warehouse Supervisor if the
invoices for Sunbelt were paid. Former Warehouse Supervisor stated "we don't owe Sunbelt and the invoices were paid up to -
date ". The Former Warehouse Supervisor left to another City Department and three weeks later after the departure, Public
Works -Operations Management received emails from the Sunbelt Manager requesting when the City would be paying the
invoices dating back to October 2013 and, requesting immediate approval. The above mentioned created numerous budget
transfers to pay Sunbelt rentals.
Whitwasthis-part%Sularvendecutilized ":
The same vendor used by the Department for the past years. The vendor Is in Eden.
Whit yep ;willitiirtaWil tfiiefutuiretirauai Ffu><tfieKuiotatians'af M amc eacE.Procurernint,Pohcres,,,,,.
Utilize the Contract; there will be no repeat of this kind of violation. NOTE: The problem was that no contract was In place.
Requesting immediate approval.
City Code Sec. 2-393(a), — Unauthorized Purchases;
Purchases to be made only by procurement director. It shall be unlawful for any city officers or employees to order the purchase of any materials, supplies,
equipment and certain contractual services, or make any contract within the purview of this article other than through the procurement director, and any
purchase, order or contract made contrary to the provisions of this article shall not be approved and the city shall not be bound thereby.
I hereby certify that I have inspected the merchandise er services listed abode;
and there is no exception aster quantity, or quality;; that I agree to be bound by
the rules and, regulations of the City regarding the acquisition of goods and;
services; andthatfurtherviolationsmay lead todisciplinary action.
Department: Glead
S -ATVR
SIGNATURE OF INDIVIDUAL PLACING ORDER:
DATE:
ppprovat to Pay Unauthorized Purchase
Ass: City Manager City Manager x.
SIGNlaWiaftr