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City of Miami
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Legislation
Resolution
File Number: 10-00981
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
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, AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION
BOAT, FOR SURFACE CLEANING OF THE CITY OF MIAMI'S WATERFRONT,
FOR THE DEPARTMENT OF PUBLIC WORKS, UTILIZING A UNIQUE
PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES,
INC., THE SOLE SOURCE PROVIDER, IN A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $200,000; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO
EXCEED $200,000, FROM THE DEPARTMENT OF PUBLIC WORKS
OPERATIONS BUDGET, ACCOUNT NUMBER 00001.208000.534000.0.0;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A
ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, FOR SAID PURPOSE.
WHEREAS, the Department of Public Works is seeking to procure the utilization of the Scavenger
2000 Depollution Boat for surface cleaning of the City of Miami's ("City's") waterfront, including
navigable canals, outfalls and Biscayne Bay waters; and
WHEREAS, the Scavenger 2000 Depollution Boat has the capacity for treating the water, in
addition to debris removal and oil sheen recuperation as it uses a decontamination and oxygenating
process that consists of deep injection of pure oxygen into the waterways; and
WHEREAS, the Scavenger 2000 Depollution Boat can only be acquired from Water Management
- Technologies, Inc., -as the sole source provider, as thevesselhas proprietary technology with Patent
No. WO 2006/026150 A2, due to its uniqueness; and
WHEREAS, pursuant to Resolution 07-0348, adopted June 14, 2007, the City Commission
confirmed a prior sole source finding of the Chief Procurement Officer and approved the City
Manager's recommendation for the acquisition of the sole source services; and
WHEREAS, the Chief Procurement Officer has again adopted the finding that Water Management
Technologies, Inc. is the only provider of the Scavenger 2000 Depollution Boat to provide this unique
and valuable service; and
WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as the
findings of the City Manager; and
City of Miami Page I of 2 File Id: 10-00981 (Version: 1) Printed On: 8/26/2010
File Number: 10-00981
WHEREAS, the City Manager and the Chief Procurement Officer recommend that the
requirements for competitive formal sealed bids be waived pursuant to Section 18-92 of the Code of
the City of Miami, Florida, as amended ("City Code"), and the procurement of the above service as
specified be approved as a sole source;
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 finding of a sole source, is ratified, approved
and confirmed, waiving the requirements for competitive sealed bidding procedures, and the utilization
of the Scavenger 2000 Depollution Boat, for surface cleaning of the City's waterfront, for the
Department of Public Works, utilizing a unique proprietary process, from Water Management
Technologies, Inc., the sole source provider, is approved, in the annual amount not to exceed
$200,000, with funds, in the annual amount not to exceed $200,000, allocated from the Department of
Public Works Operations Budget, Account Number 00001.208000.534000.0.0.
Section 3. The City Manager is authorized{1) to execute a Professional Services Agreement, in
substantially the attached form, for a one (1) year period, with the option to extend for two (2)
additional one (1) year periods, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2)
APPROVED AS TO FORM AND CORRECTNESS -
JULIE 0. BRU lr4c
CITY ATTORNEY
Footnotes:
{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.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 10-00981 (Version: 1) Printed On: 8/26/2010