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2007-26567 Reso RESOLUTION NO. 2007-26567 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING, PURSUANT TO SECTION 2-367 (e) OF THE MIAMI BEACH CITY CODE, THE WAIVER OF THE COMPETITIVE BIDDING PROCESS, BY 5/7THS VOTE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, FOR A TWO-YEAR MAINTENANCE AND SERVICE AGREEMENT WITH UNDER POWER CORPORATION AT THE RATE OF $10.22 PER LIGHT, PER MONTH; AND FURTHER APPROVING THE APPROPRIATIONS OF $32,867.52 FOR THE PERIOD OF JUNE 1, 2007 THROUGH SEPTEMBER 30, 2007. WHEREAS, the Mayor and City Commission at its April 11, 2007 meeting approved and authorized the Mayor and City Clerk to execute a State Highway Lighting, Maintenance, and Compensation Agreement between the City and the Florida Department of Transportation for the street light maintenance services for FDOT-owned lighting systems on Miami Beach; and WHEREAS, the aforementioned authorization was based on the Administration's recommendation that the City of Miami Beach take over the maintenance of FDOT owned lighting systems within the City of Miami Beach to provide sufficient mounting assets for the deployment of the City's WiFi system; and WHEREAS, control of the lighting system will allow the City to provide more rapid response to citizen reports of street light malfunctions; currently these lighting systems are maintained by Miami-Dade County; and WHEREAS, the City agreed to be responsible for energy costs, replacement or system upgrades, location of underground electrical conduits, response to citizen reports of street light malfunctions and all other maintenance activities including emergency responses; and WHEREAS, utilizing FDOT street light poles for WiFi deployment (mounting assets) will be less costly to the City than acquiring and installing new poles; and WHEREAS, attaching IBM's WiFi devices to FDOT poles is also more expeditious as acquisition of poles is delayed as much as two months as a result of the number of poles that required replacement from recent hurricane seasons; and WHEREAS, due to the vast number of lights that must be retrofitted or replaced and the quick pace of the project, the current number of Public Works street light crew employees will not be able to complete the work; it is necessary to contract an outside firm to complete the job quickly; and WHEREAS, the Administration researched all available contracts that would be eligible for "piggybacking" pursuant to Section 2-369 of the Miami Beach City Code, and found two (2) contracts for similar services: 1) Miami-Dade County ("County") contract awarded to Under Power Corporation; and 2) Federal General Services Administration ("GSA") contract awarded to Electrical Services; and WHEREAS, a comparison of the aforementioned contracts relative to the materials and labor for the annual maintenance, retrofit of photocells, and replacing of the luminaries, shows that it would be in the City's best economic interest to select Under Power to provide the needed services and materials; and WHEREAS, Under Power's annual maintenance cost is $2,701 lower than Electrical Services, and includes direct costs such as a performance bond and an insurance certificate that names the City as additional insured; and WHEREAS, Under Power's contract will be for a period of two years with the option for three (3) one-year renewal periods at the sole option and discretion of the City; and WHEREAS, the maintenance and service rate of $10.22 per light is a fixed cost for year one, and additional years are subject to the Consumer Price Index for Miami and Fort Lauderdale; and WHEREAS, accordingly, the Administration recommends that that the Mayor and City Commission, hereby the approval and authorization, pursuant to Section 2-367 (e) of the Miami Beach City Code, the waiver of the competitive bidding process, by 5/7ths vote, finding such waiver to be in the best interest of the City, for a service agreement with Under Power Corporation, for citywide street light maintenance and service, in the amount of$153,600. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize pursuant to Section 2-367 (e) of the Miami Beach City Code, the waiver of the competitive bidding process, by 5/7ths vote, finding such waiver to be in the best interest of the City, for a service agreement with Under Power Corporation, for citywide street light maintenance and service, in the amount of$153,600. PASSED AND ADOPTED THIS 6th DAY OF June 2007. ATkEST: wj CITY CLERK T:\AGENDA\2007\jun0607\Consent\Un R doc INCORP ORATED' . ...... • SO) N 26 APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing, The Waiver Of The Competitive Bidding Process, By 5/7ths Vote, Finding Such Waiver To Be In The Best Interest Of The City, For A Two-Year Maintenance And Service Agreement With Under Power Corporation At The Rate Of$10.22 Per Light, Per Month; And Further Approving The Appropriations Of $32,867.52 For The Period Of June 1, 2007 Through September 30, 2007. Key Intended Outcome Supported: Improve Community Satisfaction With City Services Issue: Shall the City Commission Adopt the Resolution? Item Summary/Recommendation: The Mayor and City Commission at its April 11, 2007 meeting approved and authorized the Mayor and City Clerk to execute a State Highway Lighting, Maintenance, and Compensation Agreement between the City and the Florida Department of Transportation for the street light maintenance services for FDOT-owned lighting systems on Miami Beach. Due to the vast number of lights that must be retrofitted or replaced and the quick pace of the City's WiFi project, the current number of Public Works street light crew employees will not be able to complete the work. It is necessary to contract an outside firm to complete the job quickly. The Administration researched all available contracts that would be eligible for "piggybacking" pursuant to Section 2-369 of the Miami Beach City Code, and found two (2) contracts for similar services: 1) Miami-Dade County ("County") contract awarded to Under Power Corporation; and 2) Federal General Services Administration ("GSA") contract awarded to Electrical Services. Said contracts were competitively bid and the pricing represents economies of scale that ensures the City receives the lowest possible cost. ADOPT THE RESOLUTION Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 $32,867.52 Miami-Dade County will reimburse the City for the month of June 2007, and FDOT will pay the City for street light maintenance services for July 1, 2007 through June 30, 2008. 2 3 4 OB I Total $32,867.52 Financial Impact Summary: City Clerk's Office Legislative Tracking: Trish Walker Sign-Offs: Department Director istant City Manager City anager GL PDW JMG I AGENDA ITEM �� �., MIAMIBEACH 0-10 DATE 6—&-07. m NAIANAIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission v FROM: Jorge M. Gonzalezkity Manager DATE: June 6, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING, PURSUANT TO SECTION 2-367 (e) OF THE MIAMI BEACH CITY CODE, THE WAIVER OF THE COMPETITIVE BIDDING PROCESS, BY 5/7THS VOTE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, FOR A TWO-YEAR MAINTENANCE AND SERVICE AGREEMENT WITH UNDER POWER CORPORATION AT THE RATE OF $10.22 PER LIGHT, PER MONTH; AND FURTHER APPROVING THE APPROPRIATIONS OF $32,867.52 FOR THE PERIOD OF JUNE 1, 2007 THROUGH SEPTEMBER 30, 2007. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING The City will be reimbursed by Miami-Dade County in the amount of $11,641 for the month of June 2007 and the Florida Department of Transportation (FDOT) will pay the City for street light maintenance and operations in the amount of $34,939.75 for July 1, 2007 through June 30, 2008. The remaining amount of $13,713.23 will be used for power costs. ANALYSIS The Mayor and City Commission at its April 11, 2007 meeting approved and authorized the Mayor and City Clerk to execute a State Highway Lighting, Maintenance, and Compensation Agreement between the City and the Florida Department of Transportation for the street light maintenance services for FDOT-owned lighting systems on Miami Beach. The aforementioned authorization was based on the Administration's recommendation that the City of Miami Beach take over the maintenance of FDOT owned lighting systems within the City of Miami Beach to provide sufficient mounting assets for the deployment of the City's WiFi system. Additionally, control of the lighting system will allow the City to provide more rapid response to citizen reports of street light malfunctions. Currently these lighting systems are maintained by Miami-Dade County. The FDOT Lighting Systems are located along the following roads: Abbott Avenue — 72nd Street to Indian Creek Drive Alton Road — 5th Street to 63rd Street Collins Avenue— 5th Street to 61 st and 72nd Street to 87th Terrace 5th Street—Alton Road to Ocean Drive 41 st Street—Alton Road to Collins Avenue 63rd Street—Alton Road to Collins Avenue 71 st Street—West of North Bay Causeway to Rue Notre Dame Harding Avenue—72nd Street to 87th Terrace Indian Creek Drive —26th Street to 44th Street and 59th Street to 71 st Street Normandy Drive— Rue Notre Dame to West of North Bay Causeway MacArthur Causeway—Alton Road to West City Limits The City agreed to be responsible for energy costs, replacement or system upgrades, location of underground electrical conduits, response to citizen reports of street light malfunctions and all other maintenance activities including emergency responses. Utilizing FDOT street light poles for WiFi deployment (mounting assets) will be less costly to the City than acquiring and installing new poles. Attaching IBM's WiFi devices to FDOT poles is also more expeditious as acquisition of poles is delayed as much as two months as a result of the number of poles that required replacement from recent hurricane seasons. The Administration originally attempted to obtain the use of the necessary FDOT poles at an annual cost of approximately $8,000. Because the lighting system is currently maintained by Miami-Dade County, FDOT required a letter from the County stating that they did not object to the City's vendor deploying WiFi equipment on the poles. Miami- Dade County, although supportive of the City's WiFi project, was unwilling to permit a third party to work on the poles that they maintain through a third party vendor. Therefore the most cost effective and timely solution was to work with FDOT to take over the maintenance of their lighting systems within the City of Miami Beach. Due to the vast number of lights that must be retrofitted or replaced and the quick pace of the project, the current number of Public Works street light crew employees will not be able to complete the work. It is necessary to contract an outside firm to complete the job quickly. The Administration researched all available contracts that would be eligible for "piggybacking" pursuant to Section 2-369 of the Miami Beach City Code, and found two (2) contracts for similar services: 1) Miami-Dade County ("County") contract awarded to Under Power Corporation; and 2) Federal General Services Administration ("GSA") contract awarded to Electrical Services. Said contracts were competitively bid and the pricing represents economies of scale that ensures the City receives the lowest possible cost. A comparison of the aforementioned contracts relative to the materials and labor for the annual maintenance, retrofit of photocells, and replacing of the luminaries, shows that it would be in the City's best economic interest to select Under Power to provide the needed services and materials. Under Power's annual maintenance cost is $2,701 lower than Electrical Services, and includes direct costs such as a performance bond and an insurance certificate that names the City as additional insured. The Electrical Services' cost does not include the cost for these two important documents. Under Power's contract will be for a period of two years with the option for three (3) one- year renewal periods at the sole option and discretion of the City. The maintenance and service rate of $10.22 per light is a fixed cost for year one, and additional years are subject to the Consumer Price Index for Miami and Fort Lauderdale. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution, which recommends the approval and authorization, pursuant to Section 2-367 (e) of the Miami Beach City Code, the waiver of the competitive bidding process, by 517ths vote, finding such waiver to be in the best interest of the City, for a two-year maintenance and service agreement with Under Power Corporation at the rate of $10.22 per light, per month; and further approving the appropriations of $32,867.52 for the period of June 1, 2007 through September 30, 2007. T:\AGENDA\2007\jun0607\Consent\UnderPowerFinal.doc