HomeMy WebLinkAboutR-19-0505City of Miami
Resolution R-19-0505
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6763 Final Action Date: 12/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY
MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED
AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS
TO THE CITY OF MIAMI ("CITY"), TO ESTABLISH A FECAL INDICATOR
BACTERIA MONITORING PROGRAM ("PROGRAM") WITH BISCAYNE BAY
WATERKEEPER, INC. D/B/A MIAMI WATERKEEPER, A FLORIDA NOT FOR
PROFIT CORPORATION ("MIAMI WATERKEEPER"), TO ENSURE BISCAYNE
BAY AND THE MIAMI RIVER MEET FEDERAL, STATE, AND LOCAL
STANDARDS FOR RECREATIONAL USE, FOR SUPPORT OF HEALTHY FISH
POPULATIONS, FOR THE PINPOINTING OF SOURCES OF
CONTAMINATION, AND FOR ASSISTANCE IN ELIMINATING SOURCES OF
POLLUTION FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC
WORKS ("PUBLIC WORKS") AT A TOTAL AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000.00) FOR FISCAL YEAR 2019-2020; ALLOCATING FUNDS
FROM ACCOUNT NO. 13000.201000.534000 AND OTHER SUCH FUNDING
SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH MIAMI WATERKEEPER, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; 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, 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 Alex Diaz de la Portilla,
Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Manolo
Reyes
WHEREAS, water quality testing is performed by the Miami -Dade County ("County")
Division of Environmental Resources Management ("DERM") to monitor surface water quality
throughout the County; and
City of Miami Page 1 of 3 File ID: 6763 (Revision:) Printed On: 4/28/2025
File ID: 6763 Enactment Number: R-19-0505
WHEREAS, water samples are collected at eighty-seven (87) locations along Biscayne
Bay to ensure the Bay and other tidal waters meet federal, state, and local standards for
recreational use and the support of healthy fish populations; and
WHEREAS, the City of Miami's ("City") Department of Resilience and Public Works
("Public Works") has allocated Fifty Thousand Dollars ($50,000.00) in the Fiscal Year 2019-
2020 budget to establish a Fecal Indicator Bacteria Monitoring Program ("Program") for the
monitoring of additional sites along Biscayne Bay and on the Miami River within the City's
jurisdiction to identify, locate, and eliminate sources of pollution associated with fecal coliform
due to either failing septic tanks or cross connections with wastewater collection systems; and
WHEREAS, Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper, a Florida not for
profit corporation ("Miami Waterkeeper"), proposes to conduct extensive water quality
monitoring, collaborate for a much greater level of testing than possible otherwise, provide for
data management, and focus on the elimination of source contamination points ("Program");
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 recommendation and written findings, attached and incorporated as Exhibit
"A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City
Code"), waiving the requirements for competitive sealed bidding methods as not being
practicable or advantageous to the City, to establish the Program by Miami Waterkeeper to
ensure Biscayne Bay and the Miami River meet federal, state, and local standards for
recreational use, for the support of healthy fish populations, for the pinpointing of sources of
contamination, and for assistance in eliminating sources of pollution for Public Works at a total
amount of Fifty Thousand Dollars ($50,000.00) for Fiscal Year 2019-2020 are ratified,
confirmed, and approved.
Section 3. Funds are to be allocated from Account No. 13000.201000.534000 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 a Professional
Services Agreement with Miami Waterkeeper for the Program, in a form acceptable to the City
Attorney.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
other documents, including any amendments, renewals, and extensions, subject to all
allocations, appropriations, 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.
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 City Code
provisions.
City of Miami Page 2 of 3 File ID: 6763 (Revision:) Printed on: 4/28/2025
File ID: 6763 Enactment Number: R-19-0505
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
endez, City Httor12/3/2019
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File ID: 6763 (Revision:) Printed on: 4/28/2025