HomeMy WebLinkAboutR-95-0343J-95-419
5/1/95
RESOLUTION NO. 9 5 r 3 4 3
A RESOLUTION BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S WRITTEN
FINDINGS THAT AN EMERGENCY NEED EXISTS FOR
WAIVING THE REQUIREMENT FOR COMPETITIVE
SEALED BIDS FOR THE RENTAL OF ONE FORKLIFT
FOR THE CONTINUED OPERATION OF THE MARINE
STADIUM MARINA, FOR A ONE YEAR PERIOD, AT AN
ANNUAL FEE NOT TO EXCEED $36,000; ALLOCATING
FUNDS THEREFOR. FROM THE MARINE STADIUM
MARINA OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH RENTAL AGREEMENT AS
MAY BE REQUIRED FOR SAID PURPOSE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the owner of the forklift currently used at Marine
Stadium Marina has requested that the City purchase the forklift
for the price of $78,000; and
WHEREAS, said owner has threatened to remove the forklift
from the Marina if the City does not purchase it; and
WHEREAS, the Department of Conferences, Conventions and
Public Facilities, Marina Division, Marine Stadium Marina, has
determined that a forklift can be rented from a third party, at
an annual fee of $36,000, including full maintenance for a one
(1) year period; and
WHEREAS, competitive sealed bidding procedures are not
practicable in that the operation of the Marine Stadium facility,
CITY COS+MSSICN,
MEETING C1F,
MAY 0 1 1995
Resolution No,
95- 343
51S.,
which is used to store over three hundred vessels, would entirely
cease if said forklift is removed, pending its replacement; and
WHEREAS, it is more advantageous and prudent for the City to
rent a forklift for a period of one (1) year, at a fee of $36, 000
than to purchase the existing forklift for the sum of $78,000;
and
WHEREAS, the City Manager has set forth written findings
supported by reasons that an emergency exists for the rental of a
forklift requiring a waiver of competitive bidding in accordance
with Section 18.52-6 of the City Code;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager's findings that an emergency
need exists, supported by the reasons set forth in his memorandum
dated May 1, 1995, is hereby ratified, approved and confirmed by
a four -fifths (4/5ths) affirmative vote of the members of the
City Commission, and the requirement for competitive sealed bids
is hereby waived for the rental of a forklift, for the continued
operation of the Marine Stadium Marina.
2_ 95- 343
119:.
Section 4. The City Manager is hereby authorized!' to
execute an agreement, in a form acceptable to the City Attorney
i
for the rental of said forklift for a one (1) year period, at a
cost not to exceed $36,000, with funds therefor hereby allocated
f from the Marine Stadium Budget for said purpose.
i
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 1st day of May 1995.
6Z�'< � D. -�
TEPHEN P. CLARK, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
A. QU JO S III
CITY TTORN Y
1 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 Code provisions.
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95- 343