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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6884 Date: 11/26/2019 Commission Meeting Date: 02/13/2020 Type: Resolution Subject: Sole Source - Scavenger 2000 Purpose of Item: Requesting Department: Department of Resilience and Public Works Sponsored By: Francis Suarez, Ken Russell District Impacted: All A resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's finding of a sole source, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods and authorizing the City Manager to execute an agreement between the City of Miami and Water Management Technologies, Inc. ("WMT") to establish water depollution services ("Services") to reduce the contamination and pollution of all navigable canals, outfalls, and Biscayne Bay waters for the Department of Resilience and Public Works ("Public Works") for an initial period of three (3) years with the option to renew for two (2) one-year periods, allocating funds from account no. 00001.208000.534000.0000.00000 and other funding sources, subject to the availability of funds and budget approval at the time of need; authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable laws and regulations, as may be necessary for said purpose. Background of Item: The City of Miami Department of Resilience and Public Works ("Public Works") has allocated funds to continue water depollution services ("Services") by use of the Scavenger 2000 Depollution Boat to further reduce the contamination and pollution of the City's waterways. The vessel is a surface collector that utilizes proprietary technology with numerous US registered patents, (7,517,459 B2 and 7,947,172 B2) due to its uniqueness, for a decontamination and oxygenation process that has proven to be beneficial to all navigable waterways by providing deep injections of pure oxygen. It will continue to reduce the contamination and pollution of all navigable canals, outfalls, and Biscayne Bay waters. In addition, 262 outfalls will be cleaned as part of the National Pollutant Discharge Environmental System (NPDES) Permit requirements. Pursuant to Section 18.92 (a)(1), Sole Source Contracts of the City's Procurement Code; a sole source is recommended for the above mentioned reasons. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: General Account No.: 00001.208000.534000.0000.00000 Approximately $250,000.00 annually ($1,250,000.00 in the aggregate) Reviewed B Office of Resilience and Sustainability Review Completed 11/26/2019 5:02 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Sandra Bridgeman Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Todd B. Hannon City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Alan M. Dodd Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Meeting Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 12/09/2019 4:30 PM 12/12/2019 11:55 AM 12/24/2019 9:23 AM 12/24/2019 9:57 AM 12/26/2019 12:23 PM 12/26/2019 4:59 PM 12/27/2019 6:18 AM 12/27/2019 5:46 PM 01/09/2020 9:00 AM 02/13/2020 9:00 AM 02/19/2020 5:38 PM City of Miami Legislation Resolution Enactment Number: R-20-0036 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6884 Final Action Date:2/13/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND WATER MANAGEMENT TECHNOLOGIES, INC., A FLORIDA PROFIT CORPORATION ("WMT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF WATER DEPOLLUTION AND CONTAMINATION REDUCTION ("SERVICES") OF ALL NAVIGABLE CANALS, OUTFALLS, AND THE BISCAYNE BAY WATERS FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER FUNDING SOURCES SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; 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, AND 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. WHEREAS, the City of Miami's ("City") Department of Resilience and Public Works ("Public Works") is seeking to procure the utilization of the Scavenger 2000 Depollution Boat ("Scavenger 2000") for surface cleaning of the City's waterfronts; and WHEREAS, in addition to debris removal and oil sheen recuperation, the water depollution and contamination reduction of the Scavenger 2000 also provides the capability of treating the water with its oxygenating process ("Services"); and WHEREAS, the Services of the Scavenger 2000 can only be acquired from Water Management Technologies, Inc., a Florida profit corporation ("WMT"), the sole source provider of this proprietary technology with numerous patents registered with the United States Patent and Trademark Office; 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 adopted a finding that WMT is the sole source, authorized provider of the Services; and WHEREAS, the findings of the CPO have been approved and adopted as the findings 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 and procedures be waived, that procurement of the Services, as specified, be approved, and that a professional services agreement ("Agreement") be negotiated and executed for the same; 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 finding of a sole source, attached and incorporated as Exhibit "A," pursuant to Section 18-92 of the City Code, waiving the requirements for competitive sealed bidding methods and procedures and authorizing' the City Manager to negotiate and execute an Agreement between the City and WMT, in a form acceptable to the City Attorney, for provision of the Services for all navigable canals, outfalls, and the Biscayne Bay waters for Public Works for an initial period of three (3) years with the option to renew for two (2) additional one (1) year periods is ratified, confirmed, and approved. Section 3. Funds are to be allocated from Account No. 00001.208000.534000.0000.00000 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 any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and 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. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 12/27/2019 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.