2004-25524 Reso
RESOLUTION NO. 2004-25524
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
WAIVING, BY 5/7THS VOTE, THE PROHIBITION OF TRAN CONSTRUCTION,
INC. FROM CONTINUING TO SERVE AS A VENDOR WITH THE CITY
PURSUANT TO MIAMI BEACH CITY CODE SECTION 2-487 (B)(4), FINDING
SUCH WAIVER TO BE IN THE BEST ECONOMIC INTEREST OF THE CITY,
REGARDING THE FOLLOWING EXISTING CONTRACTS: 1) THE MIAMI
BEACH GOLF CLUB CLUBHOUSE, RESTROOM PAVILIONS AND
MAINTENANCE YARD BUILDING; 2) THE DESIGN, PERMITTING AND
CONSTRUCTION OF FOUR NEW RESTROOM/CONCESSION FACILITIES
WITHIN THE BEACHFRONT PARKS LOCATED AT 21ST, 46TH, 53RD, AND
64TH STREETS; AND 3) THE JOB ORDER CONTRACTING (JOC)
CONTRACT RELATIVE TO THE FOLLOWING MIAMI BEACH CONVENTION
CENTER PROJECTS: A) CHILLER REPLACEMENT; B) REPLACEMENT OF
AIR HANDLERS; AND C) REFURBISHMENT OF 12 AIR HANDLING UNITS.
WHEREAS, on January 8, 2003, the Mayor and City Commission passed and
adopted Ordinance No. 2003-3389, which amended Miami Beach City Code Chapter 2,
Article VII by creating Division 5 thereof entitled "Campaign Finance Reform", and
further amended City Code Section 38-6 entitled "Prohibited Campaign Contributions by
Vendors";
WHEREAS, Section 38-6 was renumbered to Section 2-487, and amended to
include the following underscored words:
A person or entity who directly or indirectlv makes a contribution to a candidate
who is elected to the office of mayor or commissioner shall be disqualified for a
period of 12 months following the swearing in of the subject elected official from
servin a as a vendor with the city; and;
WHEREAS, Section 2-487(B)(4) of the City Code was amended to add the
following condition for waiver of the prohibition of an individual or entity from serving as
a vendor:
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the
City; and
WHEREAS, a Candidate's Campaign Treasurer's Report from the 2003 election
lists a check for a campaign contribution to the candidate's campaign for City
Commissioner from Tran Construction being deposited on October 28, 2003; and
WHEREAS, the candidate has been elected to the office of Commissioner; and
WHEREAS, the following three contracts have been previously awarded to Tran
Construction Inc.:
1. Resolution No. 2002-24979 was passed and adopted by the City Commission
on September 2002. Said Resolution approved the award of contract to Tran
Construction, Inc., in the amount of $2,669,000, pursuant to Bid No. 54-01/02, for
the Miami Beach Golf Club (formerly Bayshore Golf Course) Clubhouse, Restroom
Pavilions and Maintenance Yard Building;
2. Resolution No. 2003-25196 was passed and adopted by the City Commission
on April 30, 2003. Said Resolution approved the award of a contract to Tran
Construction, Inc., in the amount of $648,000, pursuant to Bid No. 03/02/03, for the
Design, Permitting and Construction of Four New Restroom/Concession Facilities
within the Beachfront Parks located at 21st, 46th, 53rd and 64th Streets, and
authorized the reallocation of $175,000 from the General Obligation Bond Series
2000 Funds, for use in the construction of the 46th and 53rd Street Facilities; and
3. The Job Order Contract (JOC) relative to the following Miami Beach Convention
Center projects: a) chiller replacement; b) replacement of air handlers; and c)
refurbishment of 12 air handling units; and
WHEREAS, given the provisions of the City Code, in order to continue to use this
contractor on the specified projects, the City Commission must hold a public hearing
and after completion of the hearing grant a waiver to the firm.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby set a public hearing to consider waiving by 5/7ths vote, the
prohibition of Tran Construction, Inc. from continuing to serve as a vendor with the City
pursuant to Miami Beach City Code Section 2-487 (b)(4), finding such waiver to be in
the best economic interest of the City, regarding the following existing contracts: 1) the
Miami Beach Golf Club Clubhouse, Restroom Pavilions and Maintenance Yard Building;
2) the Design, Permitting and Construction of Four New Restroom/Concession Facilities
within the Beachfront Parks located at 21st, 46th, 53rd, and 64th streets; and 3) the Job
Order Contracting (JOC) contract relative to the following Miami Beach convention
center projects: a) chiller replacement; b) replacement of air handlers; and c)
refurbishment of 12 air handling units, is hereby called to be held before the Mayor and
City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, at 9:00 A.M. on Wednesday, April 14, 2004, and
the City Clerk is hereby authorized and directed to publish appropriate Public Notice of
said Public Hearing at which time and place all interested pa . s will be heard. .
PASSED and ADOPTED this 17bh!day of March 200
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
~yPM~
CITY CLERK
T:\AGENDA \2004\Mar 1704\Regular\SetPublicHearingReso.doc
M ~.L{-6-()'j
CIty -
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution Setting A Public Hearing To Consider Waiving By 5/7ths Vote, The Prohibition Of Tran
Construction, Inc. From Continuing To Serve As A Vendor Regarding The Following Existing Contracts: 1)
The Miami Beach Golf Club Clubhouse, Restroom Pavilions And Maintenance Yard Building; 2) The
Design, Permitting And Construction Of Four New Restroom/Concession Facilities Within The Beachfront
Parks Located At 21st, 46th, 53rd, And 64th Streets; And 3) The Job Order Contracting (JOC) Contract
Relative To The Following Miami Beach Convention Center Projects: A) Chiller Replacement; B)
Reolacement Of Air Handlers; And C) Refurbishment Of 12 Air Handline Units.
Issue:
Shall the City Commission Set a Public Hearing?
Item Summa IRecommendation:
A Candidate's Campaign Treasurer's Report lists a check for a campaign contribution to the candidate's
campaign for City Commission from Tran Construction being deposited on October 28, 2003. The
candidate has been elected to the office of Commissioner.
The following three contracts have been previously awarded to Tran Construction Inc.:
1. Resolution No. 2002-24979 was passed and adopted by the City Commission on September 2002.
Said Resolution approved the award of contract to Tran Construction, Inc., in the amount of $2,669,000,
pursuant to Bid No. 54-01/02, for the Miami Beach Golf Club (formerly Bayshore Golf Course)
Clubhouse, Restroom Pavilions and Maintenance Yard Building.
2. Resolution No. 2003-25196 was passed and adopted by the City Commission on April 30, 2003. Said
Resolution approved the award of a contract to Tran Construction, Inc., in the amount of $648,000,
pursuant to Bid No. 03/02/03, for the Design, Permitting and Construction of Four New
Restroom/Concession Facilities within the Beachfront Parks located at 21st, 46th, 53rd and 64th
Streets, and authorized the reallocation of $175,000 from the General Obligation Bond Series 2000
Funds, for use in the construction of the 46th and 53rd Street Facilities.
3. The job order contracting (JOC) contract relative to the following Miami Beach Convention Center
projects: a) chiller replacement; b) replacement of air handlers; and c) refurbishment of 12 air handling
units.
Given the provisions of the City Code, in order to continue to use this contractor on the specified projects,
the City Commission must hold a public hearing and after completion of the hearing grant a waiver to the
firm. The waiver is to be granted only on the finding by the Commission that the City's economic interests
are harmed if the waiver is not granted.
The Administration recommends a rovin the resolution and settin the Public Hearin .
Advisory Board Recommendation:
IN/A
Financial Information:
Funds:
T:\AGENDA\2004\Mar1704\Regular\VendorOutreachSummary.doc
TH
AGENDA ITEM
DATE
C70
3-17-0 V
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \,y-c..r-
City Manager () U
Date: March 17,2004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER WAIVING BY 5nTHS VOTE, THE PROHIBITION OF TRAN
CONSTRUCTION, INC. FROM CONTINUING TO SERVE AS A VENDOR
WITH THE CITY PURSUANT TO MIAMI BEACH CITY CODE SECTION 2-
487 (B)(4), FINDING SUCH WAIVER TO BE IN THE BEST ECONOMIC
INTEREST OF THE CITY, REGARDING THE FOLLOWING EXISTING
CONTRACTS: 1) THE MIAMI BEACH GOLF CLUB CLUBHOUSE,
RESTROOM PAVILIONS AND MAINTENANCE YARD BUILDING; 2) THE
DESIGN, PERMITTING AND CONSTRUCTION OF FOUR NEW
RESTROOM/CONCESSION FACILITIES WITHIN THE BEACHFRONT
PARKS LOCATED AT 21ST, 46TH, 53RD, AND 64TH STREETS; AND 3)
THE JOB ORDER CONTRACTING (JOC) CONTRACT RELATIVE TO THE
FOLLOWING MIAMI BEACH CONVENTION CENTER PROJECTS: A)
CHILLER REPLACEMENT; B) REPLACEMENT OF AIR HANDLERS; AND
C) REFURBISHMENT OF 12 AIR HANDLING UNITS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution to set the Public Hearing.
ANALYSIS
On January 8, 2003, the Mayor and City Commission passed and adopted Ordinance No.
2003-3389, which amended Miami Beach City Code Chapter 2, Article VII by creating
Division 5 thereof entitled "Campaign Finance Reform", and further amended City Code
Section 38-6 entitled "Prohibited Campaign Contributions by Vendors". Section 38-6 was
also renumbered to Section 2-487.
Section 2-487(A)(3) of the Miami Beach City Code ("City Code") was amended to include
the following underscored words:
A person or entity who directly or indirectlv makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from servin a as a vendor
with the city.
Additionally, Section 2-487(B)(4) of the City Code was amended to add the following
condition for waiver of the prohibition of an individual or entity from serving as a vendor:
A contract for the provision of goods, equipment or services exists which, if terminated by
the City, would be adverse to the best economic interests of the City.
A Candidate's Campaign Treasurer's Report from the last election lists a check for a
campaign contribution to the candidate's campaign for City Commission from Tran
Construction being deposited on October 28,2003. The candidate has been elected to the
office of Commissioner.
The following three contracts have been previously awarded to Tran Construction Inc.;
1. Resolution No. 2002-24979 was passed and adopted by the City Commission on
September 2002. Said Resolution approved the award of contract to Tran
Construction, Inc., in the amount of $2,669,000, pursuant to Bid No. 54-01/02, for the
Miami Beach Golf Club (formerly Bayshore Golf Course) Clubhouse, Restroom
Pavilions and Maintenance Yard Building.
2. Resolution No. 2003-25196 was passed and adopted by the City Commission on April
30,2003. Said Resolution approved the award of a contract to Tran Construction, Inc.,
in the amount of $648,000, pursuant to Bid No. 03/02/03, for the Design, Permitting and
Construction of Four New Restroom/Concession Facilities within the Beachfront Parks
located at 21St, 46th, 53rd and 64th Streets, and authorized the reallocation of $175,000
from the General Obligation Bond Series 2000 Funds, for use in the construction ofthe
46th and 53rd Street Facilities.
3. The job order contracting (JOC) contract relative to the following Miami Beach
Convention Center projects: a) chiller replacement; b) replacement of air handlers; and
c) refurbishment of 12 air handling units.
Given the provisions of the City Code, in order to continue to use this contractor on the
specified projects, the City Commission must hold a public hearing and after completion of
the hearing grant a waiver to the firm. The waiver is to be granted only on the finding by
the Commission that the City's economic interests are harmed if the waiver is not granted.
Under separate cover, information relative to the economic impacts on the City will be
provided to the Commission.
CONCLUSION
The Administration recommends that the City Commission set a public hearing to consider
waiving by 5/7ths vote, the prohibition of Tran Construction, Inc. from continuing to serve
as a vendor with the City pursuantto Miami Beach City Code Section 2-487 (B)(4), finding
such waiver to be in the best economic interest of the City, regarding the following existing
contracts:
1) The Miami Beach Golf Club Clubhouse, Restroom Pavilions And Maintenance Yard
Building;
2) The Design, Permitting And Construction Of Four New Restroom/Concession
Facilities Within The Beachfront Parks Located At 21st, 46th, 53rd, And 64th
Streets; and
3) The Job Order Contracting (JOC) Contract Relative To The Following Miami Beach
Convention Center Projects: A) Chiller Replacement; B) Replacement Of Air
Handlers; And C) Refurbishment Of 12 Air Handling Units.
JMG:RCM:TH:GL
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