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HomeMy WebLinkAboutR-21-0437City of Miami Resolution R-21-0437 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10673 Final Action Date: 10/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-90 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") FOR THE EMERGENCY PURCHASE OF THE NECESSARY EBARA DUTY PUMP REPLACEMENT PARTS FROM TOM EVANS ENVIRONMENTAL, INC., A FLORIDA PROFIT CORPORATION, FOR THE BELLE MEADE STORM PUMP STATION FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS FOR AN ESTIMATED EXPENDITURE AMOUNT OF FORTY SEVEN THOUSAND THREE HUNDRED FIVE DOLLARS AND TWENTY FIVE CENTS ($47,305.25); 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; 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, ALL 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's ("City") Department of Resilience and Public Works' ("Public Works") Belle Meade Storm Pump Station houses an EBARA Duty Pump Model No. 500DSZ3 ("EBARA Duty Pump"); and WHEREAS, the EBARA Duty Pump is in urgent need of replacement parts for repair by Condo Electric and Repair Corp. as the awarded contractor pursuant to Contract No. 1062381 for Storm Pump Station Repair and Maintenance Services ("Contract"); and WHEREAS, the City exercised its right to purchase the necessary replacement parts outright as authorized by Contract Section 2.25, Parts at Pass Through Cost; and WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), approved the procurement of the necessary EBARA City of Miami Page 1 of 2 File ID: 10673 (Revision:) Printed On: 6/3/2025 File ID: 10673 Enactment Number: R-21-0437 Duty Pump replacement parts as an emergency purchase from the sole authorized distributor of EBARA Duty Pumps and associated parts in Florida, Tom Evans Environmental, Inc., a Florida profit corporation ("Tom Evans"); 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, the City Manager's written finding, attached and incorporated as Exhibit "A", pursuant to Section 18-90 of the City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the emergency purchase of the necessary EBARA Duty Pump replacement parts from Tom Evans for the Belle Meade Storm Pump Station for Public Works for an estimated expenditure amount of Forty Seven Thousand Three Hundred Five Dollars and Twenty Five Cents ($47,305.25) is hereby ratified, confirmed, and approved. Section 3. Funding is 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 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. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: sndez, City Httor ey 10/15/2021 1 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 2 File ID: 10673 (Revision:) Printed on: 6/3/2025