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HomeMy WebLinkAboutR-07-0348City of Miami Legislation Resolution: R-07-0348 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00723 Final Action Date: 6/14/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR FIFTH (4/STHS) 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 DECONTAMINATION 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 $300,000, FOR THE FIRST YEAR, WITH THE AMOUNT OF $100,000, TO BE FUNDED BY MIAMI-DADE COUNTY FOR USE IN COVERING ADDITIONAL WORK ON THE MIAMI RIVER, AND THE REMAINING TWO YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO EXCEED $200,000, FROM THE PUBLIC WORKS ACCOUNT CODE 00001.208000.534000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW 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 Decontamination Boat for surface cleaning of the City of Miami's ("City's") waterfront, including the Miami River, navigable canals, and Biscayne Bay; and WHEREAS, the Scavenger 2000 Decontamination Boat has the capability 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 Decontamination Boat can only be acquired from Water Management Technologies, Inc., as the sole source provider, as the vessel has proprietary technology with a patent pending File No. 6950-02, Publication No. 2006-0011555A1, due to its uniqueness; and WHEREAS, the Chief Procurement Officer has adopted the finding that Water Management Technologies, Inc., is the only provider of the Scavenger 2000 Decontamination 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 1 of 2 File Id: 07-00723 (Version: 2) Printed On: 3/31/2017 File Number: 07-00723 Enactment Number: R-07-0348 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 Decontamination 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 a total annual amount not to exceed $300,000, for the first year, with the amount of $100,000, to be funded by Miami -Dade County for use in covering additional work on the Miami River, and the remaining two years, in an annual amount not to exceed $200,000, with funds, in the annual amount not to exceed $200,000, allocated from the Public Works Account Code 00001.208000.534000.0000.00000. 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 renew 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} 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: 07-00723 (Version: 2) Printed On: 3/31/2017