HomeMy WebLinkAboutR-20-0036City of Miami
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Resolution: R-20-0036
File Number: 6884
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/13/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY
MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-92 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
METHODS AND PROCEDURES, AND AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND WATER
MANAGEMENT TECHNOLOGIES, INC., A FLORIDA PROFIT CORPORATION
("WMT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
PROVISION OF WATER DEPOLLUTION AND CONTAMINATION REDUCTION
("SERVICES") OF ALL NAVIGABLE CANALS, OUTFALLS, AND THE
BISCAYNE BAY WATERS FOR THE CITY'S DEPARTMENT OF RESILIENCE
AND PUBLIC WORKS ("PUBLIC WORKS") FOR AN INITIAL PERIOD OF
THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM
ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER
FUNDING SOURCES SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND
PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT
ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell
WHEREAS, the City of Miami's ("City") Department of Resilience and Public Works
("Public Works") is seeking to procure the utilization of the Scavenger 2000 Depollution Boat
("Scavenger 2000") for surface cleaning of the City's waterfronts; and
WHEREAS, in addition to debris removal and oil sheen recuperation, the water
depollution and contamination reduction of the Scavenger 2000 also provides the capability of
treating the water with its oxygenating process ("Services"); and
City of Miami Page 1 of 3 File ID: 6884 (Revision: A) Printed On: 2/25/2020
File ID: 6884 Enactment Number: R-20-0036
WHEREAS, the Services of the Scavenger 2000 can only be acquired from Water
Management Technologies, Inc., a Florida profit corporation ("WMT"), the sole source provider
of this proprietary technology with numerous patents registered with the United States Patent
and Trademark Office; and
WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida as
amended ("City Code"), the Chief Procurement Officer ("CPO") has adopted a finding that WMT
is the sole source, authorized provider of the Services; and
WHEREAS, the findings of the CPO have been approved and adopted as the findings of
the City Manager, attached and incorporated as Exhibit "A"; and
WHEREAS, the City Manager and the CPO recommend that the requirements for
competitive sealed bidding methods and procedures be waived, that procurement of the
Services, as specified, be approved, and that a professional services agreement ("Agreement")
be negotiated and executed for the same;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's finding of a sole source, attached and incorporated as Exhibit "A," pursuant
to Section 18-92 of the City Code, waiving the requirements for competitive sealed bidding
methods and procedures and authorizing' the City Manager to negotiate and execute an
Agreement between the City and WMT, in a form acceptable to the City Attorney, for provision
of the Services for all navigable canals, outfalls, and the Biscayne Bay waters for Public Works
for an initial period of three (3) years with the option to renew for two (2) additional one (1) year
periods is ratified, confirmed, and approved.
Section 3. Funds are to be allocated from Account No.
00001.208000.534000.0000.00000 and such other funding sources subject to the availability of
funds and budgetary approval at the time of need.
Section 4. The City Manager is authorized' to negotiate and execute any and all other
documents, including any amendments, renewals, and extensions, subject to all allocations,
appropriations, and prior budgetary approvals, in compliance with all applicable provisions of the
City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial
Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the
City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be
deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 6884 (Revision: A) Printed on: 2/25/2020
File ID: 6884
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Attor ey 12/2712019
Enactment Number: R-20-0036
City of Miami Page 3 of 3 File ID: 6884 (Revision: A) Printed on: 2/25/2020