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Resolution 2024-32869 RESOLUTION NO! 2024-32869 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND APPROVING, IN ACCORDANCE WITH SECTION 2-367(D) OF THE CITY CODE, THE SOLE SOURCE PURCHASE OF PENTAIR FAIRBANKS NIJHUIS PUMP, FROM BARNEY'S PUMPS, INC., THE MANUFACTURER'S SOLE AUTHORIZED DISTRIBUTOR SERVING THE FLORIDA MUNICIPAL MARKET, FOR THE CITY'S SEWER PUMP STATIONS, SUBJECT TO THE AMOUNT APPROPRIATED ANNUALLY FOR THESE PRODUCTS AND SERVICES THROUGH THE CITY'S BUDGETING PROCESS. WHEREAS, sanitary sewer pump stations No. 1 and No. 28, which were last rehabilitated in 1997, are equipped with Pentair Fairbanks Nijhuis pumps. At that time, the pump stations were engineered, permitted, and constructed utilizing the Pentair pumps. The configuration and capacity of these pump stations are specifically designed to accommodate the Pentair pumps; and WHEREAS, no other pump will fit in these stations as each has slightly different configurations. Further, the technical specifications and functionality of the Nijhuis pumps are unmatched, which makes them the optimal choice for these locations; and WHEREAS, the Public Works Department has a pump refurbishment program in- house for the sewer pump stations. Pumps are temporarily taken out of service and sent for maintenance or refurbishment based on the number of operational hours, and a spare pump is put in its place to maintain continued station operation; and WHEREAS, one of the Pentair Fairbanks Nijhuis pumps installed at pump station No. 28 was recently taken offline due to severe mechanical vibration and packing seal leaks. The pump was sent to the local electric motor repair vendor for inspection and refurbishment, where it was deemed non-repairable; and WHEREAS, the Public Works Department needs to procure a new pump. Failure to maintain a critical level of operation at this major sewer pump station would leave the city open to potential system-wide moratoriums being placed on all sewer basins tied to this station along with our satellite cities; and WHEREAS, to purchase a replacement pump, the City received notification from Pentair that Barney's Pumps, Inc. is the sole authorized distributor for the Pentair Fairbanks Nijhuis pumps in the State of Florida; and WHEREAS, Section 2-367(d)(2)allows sole source items to be purchased without competition providing that (1) an industry expert confirms that the items are truly sole source or(2)the City publishes a public notice advising of its intent to proceed with a sole source purchase. Accordingly, the Procurement Department publicly released Intent to Sole Source (ITS) No. 2024-186-NA on January 3, 2024; and WHEREAS, the ITS provides an opportunity for any vendor that believes it can provide the City with the necessary items to submit relevant information for the City's consideration. Responses to the ITS were due on January 17, 2024. The City did not receive any responses from vendors stating that they were able to supply the required items; and WHEREAS, based on the notification from the manufacturer and the results of the ITS, this item seeks approval for the sole source purchase of Pentair Fairbanks Nijhuis Pumps from Barney's Pumps, Inc. in accordance with Section 2-367(d)(2). 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 of the City of Miami Beach, Florida, hereby accept the recommendation of the City Manager and approve, in accordance with section 2-367(d) of the Miami Beach Code, the sole source purchase of Pentair Fairbanks Nijhuis pumps, from Barney's Pumps, Inc., the manufacturer's sole authorized distributor serving the Florida municipal market, for the City's sewer pump stations, subject to the amount appropriated annually for these products and services through the City's budgeting process. PASSED and ADOPTED this 31 day Janua . ATTEST: Steven Meiner, Mayor FEB 0 6 2024 Rafael E. Granado City Clerk �'Bp8', APPROVED AS TO FORM & LANGUAGE ' & FOR EXECUTION (Dial,. s City Attorney Date Agenda Item Ca F Date l-31-2Y ' I MIAMIBEACH• City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Steven Meiner and Members of the City Commission FROM: Alina T. Hudak, City Manage it DATE: January 31, 2024 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2-367(D) OF THE CITY CODE FOR SOLE SOURCE PURCHASES, THE PURCHASE OF PENTAIR FAIRBANKS NIJHUIS PUMP, FROM BARNEY'S PUMPS, INC., THE MANUFACTURER'S SOLE AUTHORIZED DISTRIBUTOR SERVING THE FLORIDA MUNICIPAL MARKET, FOR THE PURCHASE OF REPLACEMENT PENTAIR FAIRBANKS NIJHUIS PUMPS FOR THE CITY'S SEWER PUMP STATIONS, SUBJECT TO THE AMOUNT APPROPRIATED ANNUALLY FOR THESE PRODUCTS AND SERVICES THROUGH THE CITY'S BUDGETING PROCESS. RECOMMENDATION It is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution accepting the recommendation of the City Manager and approving, in accordance with Section 2-367(d)of the Miami Beach code, for sole source purchases, the purchase of Pentair Fairbanks Nijhuis pumps, from Barney's Pumps, Inc., • the manufacturer's sole authorized distributor serving the Florida municipal market,for the purchase of replacement Pentair Fairbanks Nijhuis pumps for the City's sewer pump stations, subject to the amount appropriated annually for these products and services through the city's budgeting process. BACKGROUND/HISTORY Sanitary sewer pump stations No. 1 and No. 28 are equipped with Pentair Fairbanks Nijhuis pumps. In 1997,these pump stations were last rehabilitated.At that time,the pump stations were engineered, permitted, and constructed utilizing the Pentair pumps. The configuration and capacity of these pump stations are specifically designed to accommodate the Pentair pumps. No other pump will fit in these stations as each has slightly different configurations. Further, the technical specifications and functionality of the Nijhuis pumps are unmatched, which makes them the optimal choice for these locations. The Public Works Department has a pump refurbishment program in-house for the sewer pump stations. Pumps are temporarily taken out of service and sent for maintenance or refurbishment based on the number of operational hours, and a spare pump is put in its place to maintain continued station operation. One of the Pentair Fairbanks Nijhuis pumps installed at pump station No. 28 was recently taken offline due to severe mechanical vibration and packing seal leaks. The pump was sent to the local electric motor repair vendor for inspection and refurbishment, where it was deemed non-repairable. Thus, the Public Works Department needs to procure a new pump. Failure to maintain a critical level of operation at this major sewer pump station would leave the city open to potential Page 12 system-wide moratoriums being placed on all sewer basins tied to this station along with our satellite cities. In attempting to purchase a replacement pump, the City received notification from Pentair that Barney's Pumps, Inc. is the sole authorized distributor for the state for the Pentair Fairbanks Nijhuis pumps. ANALYSIS Section 2-367(d)(2) allows sole source items to be purchased without competition providing that an industry expert confirms that the items are truly sole source or the City publishes a public notice advising of its intent to proceed with a sole source purchase. Accordingly, the Procurement Department publicly released Intent to Sole Source (ITS) No. 2024-186-NA on January 3,.2024. The ITS provides an opportunity for any vendor that believes it can provide the City with the necessary items to submit relevant information for the City's consideration. Responses to the ITS were due on January 17, 2024. The City did not receive any responses from vendors stating that they were able to supply the required items. Therefore, based on the notification from the manufacturer and the results of the ITS, this item seeks approval for the sole source purchase of Pentair Fairbanks Nijhuis Pumps from Barney's Pumps, Inc. to continue to purchase replacement pumps, in accordance with Section 2-367(d)(2), Pentair Fairbanks Nijhuis Pumps. SUPPORTING SURVEY DATA Not applicable. FINANCIAL INFORMATION The estimated annual expenditures for the purchase of Pentair Fairbanks Nijhuis pumps is $270,000 or as approved through the City's budgeting process. Amount(s)/Account(s): 425-0420-000343-29-413-513-00-00-00 $270,000.00 CONCLUSION Based on the foregoing,pursuant to Section 2-367(d),of the City Code, it is recommended that the Mayor and City Commission of the City of Miami Beach approve the Resolution accepting the recommendation of the City Manager and approving, in accordance with Section 2-367(d)of the Miami Beach Code,the sole source purchase of Pentair Fairbanks Nijhuis Pump, in an amount not to exceed the amount appropriated annually for these products through the City's budgeting process. LOBBYIST DISCLOSURE In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the Administration. 1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a.•rincipal engaged in lobbying? No 2. If so, specify ' e of lobbyist(s)and principal(s): Not Applicable EC/JG/TO' � ► / KB • James A.Miller 1 Engineered Account Manager PENTAIR FLOW TECHNOLOGIES g> P E N TA I R Fairbanks Nijhuis +1.913.371.5000 main +1-504-491-0320 cell Jimmiller@pentair.com 3925 North 1-10 Service Road Suite 109K Metairie,La 70002 United States www.fairbanksnijhuis.com January 5,2023 Subject:Fairbanks Nijhuis Pumps Authorized Municipal Distributor To whom it may concern, Thank you for your recent inquiry regarding Fairbanks Nijhuis pumps(formally Fairbanks Morse). Barney's Pumps,Inc. is the sole distributor serving the municipal market in the state of Florida(exclusive of the panhandle counties west of the Apalachicola River). Barney's Pumps maintains a staff of factory trained individuals, inventory and shop facilities to support their exclusive geographical territory. They are the sole facility authorized to provide warranty and non-warranty service and repair for our products. They have locations in Lakeland(863) 665-8500,Coral Springs(954)346-0669 and Jacksonville(904)260-0669 to support the Florida municipal market. If I can be of further assistance,please contact me at 504-491-0320 Sincerely, pow 4. //t&e James A.Miller Engineered Account Manager DocuSign Envelope ID:CCD82A50-30A5-4A50-91D0-70EDCC8A8E9D MI AM I B[AC H Sole Source Procurement Request Description of Product/Service: Estimated amount of this purchase: $222,515.00 One Time Purchase El or Recurring Q Department: Public Works Contact Person: Ashley Watson Phone: (305) 673-7620 ext.25858 Due Date: Q Work must be completed by: (check all that apply) ❑Material/Equipment/Supplies must be delivered by: Et Service must begin by:ASAP Please provide the following information in order to document the sole source request and prepare the appropriate recommendation to the City Manager and Mayor and City Commission: 1. Explain why the product/service requested is the only product/service that can satisfy your requirements and explain why alternatives are unacceptable. Be specific with regard to specifications,features, characteristics,requirements,capabilities and compatibility. Describe what steps have been undertaken to make this determination. We are in the process of replacing the current pump with an identical model that aligns with the specifications of the existing setup.The chosen pump is a direct match for the one currently installed. it is crucial that all specifications remain consistent, as there are no alternative pumps that closely resemble this particular Pentair Fairbanks Pump. Its important to note that the Pentair Fairbanks Pump has been specifically designed and configured for sewer station #28. Introducing any alternative pump would necessitate a comprehensive upgrade for station #28, including the Variable Frequency drive (VFD).Such an upgrade could significantly surpass the initially quoted amount. Moreover, opting for an alternative pump would trigger the need for new Mami Dade DERM permit approvals leading to increased costs and administrative complexities. These additional requirements would inevitably escalate the overall expenses, making it a less cost-effective solution. 2. Explain why this service provider,supplier, or manufacturer is the only practicably available source from which to obtain this product or service and describe the efforts that were made to verify and confirm whether, or not, this is so. (Obtain and include a letter from the manufacturer confirming, claims made by distributors of exclusive distributorships for the product or service, if that is cited as a reason for this Sole Source.) Barney's Pump is the authorized distributor for Pentair for the Municipal Channel in Florida, east of the Apalachicola River. DocuSign Envelope ID:CCD82A5030A5-4A50-91 D0-70EDCCSASE9D 3. Will this purchase obligate us to a particular vendor for future purchases?(Either in terms of maintenance that only this vendor will be able to perform and/or if we purchase this item,will we need more'like"items in the future to match this one?) Maintenance will be done by Public Works Operations. In the event that replacement parts are required,they must be procured exclusively form the original manufacturer. 4. Explain why the price for this product or service is considered to be fair and reasonable. We are required to replace the pump with the exact manufacturer and model, as they are the sole source available for this specific equipment. 5. Describe the negotiation efforts,if any, that have been made with the supplier to obtain the best possible price. a quotation was solicited,and the provided amount reflects the current market value of the pump. • 6. Explain the consequence(s)to the City or Public, including a dollar estimate of the financial impact,if this Sole Source is not approved. The potential financial implications to the city could reach into the millions as a consequence of overflow incidents triggered by station malfunctions.Such malfunctions could lead to the station being rendered inoperable, potentially affecting critical services.As one of the largest stations in the city, this facility serves as a vital lifeline for the beach area and four other satellite cities which flow through this station. 7. Industry independent Standard Review. I hereby affirm that,pursuant to Section 2.367(d)of the City Code,the goods or services describe above are only available from the stated source. Department Director Name: Joe Gomez Industry Expert': f 14 18�Do Department Director Signature: o,.,,g,,..,b: Industry Expert Signatu liff/ ,,i0 Dec 12/20/2023 I ::4+5mAM EST Dec /2 Q � (Pursuant to Section 2-367(d)of the City Code,both director and industry experticonsultant shall complete.) 'Section 2-367(d)requires the using department to'obtain the written determination from an industry expert or consultant that the item or service is the only one available to fulfill the city's need° M 4AMICH S City of Miami Beach, 1755 Meridian Avenue,3'd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490, Fax 786-394-4075 Date: January 12, 2024 To: ALL INTERESTED PARTIES FROM: Nestor Abarca Procurement Contracting Analyst III NestorAbarca@miamibeachfl.qov Subject: Intent to Award Pursuant to Sole Source Exemption 2024-186-NA Pentair Fairbanks Niihuis Pumps. This notice is released pursuant to Section 2-367(d)of the Miami Beach City Code.The purpose of this notice is to notify interested parties that pursuant to Section 2-367(d),of the Miami Beach City Code,the City intends to make a non-competitive award for the goods or services,as stated below,available only from a single source. Goods or services required: 1. Pentair Fairbanks Nijhuis Pumps Supplier to be awarded: Barney's Pumps, Inc. Reason for Sole Source: Pentair Flow Technologies has provided a sole source letter to the City of Miami Beach to certify that Pentair Fairbanks Nijhuis Pump is only offered directly through Barney's Pumps, Inc.and not through manufacturer representatives or distributors.Therefore, Barney's Pumps, Inc. is the only authorized vendor able to provide the Pentair Fairbanks Nijhuis Pumps. Estimated value of award:$200,000(one-time purchase)is subject to budget appropriations by the City Commission. THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE OFFERS.However,any firm that believes it can meet the requirements stated herein may give written notification to the contracting analyst stated above within 7 calendar days from the date of this notice. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to comply with the requirement(s) listed. Responses are due on or before Wednesday,January 17, 2024, at 3:00PM ET.A determination by the City of Miami Beach not to compete this proposed contract based on responses to this notice is solely within the discretion of the City of Miami Beach. Page 1 of 1 1/22/24,11:38 AM Periscope Source:To Be Awarded Periscope Source PBriSCO e p BEACH('�{� Welcome NESTORABARCA@MIAMIBEACHFL.GOV I Ltigtm P J�!h i l t iM1`•�i t D A I I Need assistance? S'OurCC� contact us ,.�.ieoo�otar Home Search Source Contracts Tools _._..... .. ..... .. ... ... .. ,. ..-... ......_ ....... ... .:._..__ _ .,,.__.._.. ___. � ..._. ..._._ _..__ _......__... ._......,-. ...r2i hudul St a task CI Note 0 Suppliers Go to Bid Information Tahulation RgpQrs Award RgRo� Award MultiplePP Awarding Bid#2024-186-NA-ITS-2024-186-NA-ITS Pentair Fairbanks Pump J send P rAw rnNo m�b�I svasht�i Prn d aae�a Description 2024-186NA-ITS--Ot-Ot-No Line Item Detail Required Award Supplier Qualifiradons Unit Price Qty Price Head Attch. Attch. Doss Offer Notes My Notes Reject O Nat Awarded Supplier Notifications Age ..v r r' r L r,. .neY witedl Award Scena Ios Create New Scenario Z Name I Save Current Scenario I Se .arid Name I Scenario Total Actions i PREAWARD NOTIFICATION ATTACHMENT Upload Attachment I L I rose I w bidsrprepowlssrMnnted fo-UtedesCnazed pm cctaeerenenedmtMSWwlauonsnecl.Hounwn.NchsGnBollhe bld/proposal mleftis whuladonshectstlaTnotbe wrwrocd asaranmimton the respa wrness ofsudl lidrympos�l arasalryindeawn dwtihoagenryateepscothbtd/prapoodasbcln8rrn nnnwloeagencynaunokcadetenkoau naslodleresponshrnessofthevaldor rt3pons ssubmntcd bav:d upan c¢npl4mcevnm allappdcable laws purttlavrg8uld a�msand praectdo[umenu,lndudry Wt not Wnhedro Ituprajectspedfitatknsand[mtratt daNmerdsine agenrywUMtilythesuaersfulvendorupan avGftd of the tmurazlarb,asaztard�ngto Ne law.allhld/propn6alresponsesrtYCMamaybe aYsgWe falnspeaanaz thatwne- Questions?Contact a Periscope Source representative:800-990-9339 or email:source-support periscopeholdings.com +Tom. I Bid S,,Arch I fads I Orders I Tool, I Suppwl I Pi v.rcy i Leyoui EIC11118 t try i,�r rF�ln .flAt rr\.UCI t:rrfrlrI.tic.Ili. All gill l.t.:bt•rl https://vwuw.bidsync.com/DPX?ac=awgroupiist&auc=2124242#round_2691152 1/1 Competitive Bid Reports-C2 F MIAMI' BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 31, 2024' SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2- 367(D) OF THE CITY CODE FOR SOLE SOURCE PURCHASES, THE PURCHASE OF PENTAIR FAIRBANKS NIJHUIS PUMP, FROM BARNEY'S PUMPS, INC., THE MANUFACTURER'S SOLE AUTHORIZED DISTRIBUTOR SERVING THE FLORIDA MUNICIPAL MARKET, FOR THE PURCHASE OF REPLACEMENT PENTAIR FAIRBANKS NIJHUIS PUMPS FOR THE CITY'S SEWER PUMP STATIONS, SUBJECT TO THE AMOUNT APPROPRIATED ANNUALLY FOR THESE PRODUCTS AND SERVICES THROUGH THE CITY'S BUDGETING PROCESS. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) ANALYSIS SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION TBD Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Non-Applicable Legislative Tracking Public Works/Procurement Page 78 of 2002