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HomeMy WebLinkAboutR-23-0109°xCity of Miami �y�`_ Resolution R-23-0109 alldl 11 li.Rl I + Legislation File Number: 13414 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE FOR THE CITY OF MIAMI ("CITY") AND AUTHORIZING THE PURCHASE OF HYDRAULIC EXTRICATION EQUIPMENT, SERVICE, AND WARRANTY REPAIRS, FROM MANUFACTURER TNT RESCUE SYSTEMS, INC., A FOREIGN PROFIT CORPORATION ("TNT"), AS SOLD THROUGH ITS EXCLUSIVE DISTRIBUTOR SALES AND SERVICE REPRESENTATIVE FOR THE STATE OF FLORIDA, SOUTHERN RESCUE TOOLS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SRT"), FOR THE CITY'S DEPARTMENT OF FIRE - RESCUE ("FIRE -RESCUE"), ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CHIEF PROCUREMENT OFFICER AND ADOPTION BY THE CITY MANAGER; ALLOCATING FUNDS FROM THE END USER DEPARTMENT'S VARIOUS SOURCES OF FUNDS, INCLUDING FUTURE PURCHASES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, 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, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") Department of Fire -Rescue ("Fire -Rescue") has a need for hydraulic extrication equipment, service and warranty repairs for broken or outdated equipment; and WHEREAS, Fire -Rescue uses said hydraulic extrication equipment to cut, spread, and crimp open objects, primarily vehicles, requiring a great amount of force; and WHEREAS, TNT Rescue Systems, Inc., a foreign profit corporation ("TNT"), is the sole manufacturer of the hydraulic extrication equipment, which is used by Fire -Rescue, and City of Miami Page 1 of 3 File ID: 13414 (Revision: A) Printed On: 3/13/2023 File ID: 13414 Enactment Number: R-23-0109 Southern Rescue Tools, LLC, a Florida limited liability company ("SRT"), is the exclusive distributor and sales and service representative for said equipment in the State of Florida; and WHEREAS, after ten (10) years of usage, the TNT hydraulic extrication equipment is the only such equipment compatible with the needs of Fire -Rescue and which has provided the best value, warranty, and strength; and WHEREAS, the components of the TNT hydraulic extrication equipment is not interchangeable with the components of other manufacturers' equipment; and WHEREAS, the continuity of Fire -Rescue using the TNT hydraulic extrication equipment and its components is essential towards ensuring safety, consistent performance, and readiness; 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 made a finding that SRT is the sole source distributer and sales and service representative for TNT brand hydraulic extrication equipment in the State of Florida; and WHEREAS, the finding of the CPO has been approved and adopted as the finding 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 be waived as not practicable for the City and the purchase of TNT brand hydraulic extrication equipment be authorized; 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, pursuant to Section 18-92 of the City Code, after an advertised public hearing, the City Manager's written finding of a sole source, waiving the requirements for competitive sealed bidding methods as not being practicable for the City and authorizing the purchase of hydraulic extrication equipment, service, and warranty repairs from manufacturer TNT, as sold through its exclusive distributor and sales and service representative for the State of Florida, SRT, for Fire -Rescue, on an as needed basis, for a period of one (1) year, renewable annually, subject to an annual sole source finding by the CPO and adoption by the City Manager, is hereby is ratified, approved, and confirmed. Section 3. Funds shall be allocated from the end user department's various sources of funds, including future purchases, 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 documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited, to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 13414 (Revision: A) Printed on: 3/13/2023 File ID: 13414 Enactment Number: R-23-0109 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, in forms 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. APPROVED AS TO FORM AND CORRECTNESS: 1 ,A( i ria i ndez, Cify H.ttor iey 2/28/2023 City of Miami Page 3 of 3 File ID: 13414 (Revision: A) Printed on: 3/13/2023