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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17205 Date: 02/03/2025 Commission Meeting Date: 03/13/2025 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: Sole Source - WMT - Scavenger 2000 Depollution Services Purpose of Item: The purpose of this item is to request 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, confirming, and approving the City Manager's recommendation and written finding of a sole source, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City"); 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 ("RPW') for an initial period of three (3) years with the option to renew for two (2) one- year periods, thereafter renewable annually, subject to an annual sole source finding by the Chief Procurement Officer ("CPO"), and approval of the same by the City Manager; 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; further authorizing the City Manager to negotiate and execute all other documents, including any agreements, 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 ("RPW") 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 NOT funded by Bonds Item is an Expenditure Total Fiscal Impact: Total Fiscal Impact: $300,000.00 General Account No: 00001.208000.534000.0000.00000 Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget Department of Procurement City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Works 02/07/2025 3:22 PM Luis Hernandez -Torres Marie Gouin Annie Perez Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Thomas M. Fossler George K. Wysong III Nicole Ewan City Clerk's Office Juvenal Santana Budget Analyst Review Budget Review Procurement Review Assistant City Manager Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 02/11/2025 1:52 PM 02/12/2025 2:14 PM 02/12/2025 3:48 PM 02/13/2025 9:24 AM 02/13/2025 4:27 PM 02/13/2025 4:34 PM 02/21/2025 9:22 AM 03/04/2025 1:32 PM 03/04/2025 1:58 PM 03/13/2025 9:00 AM 03/18/2025 5:52 PM City of Miami Legislation Resolution Enactment Number: R-25-0087 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17205 Final Action Date:3/13/2025 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 ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY AND WATER MANAGEMENT TECHNOLOGIES, INC. ("WMT") FOR THE PROVISION OF 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 ("RPW') FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ONE- YEAR PERIODS, THEREAFTER RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CHIEF PROCUREMENT OFFICER ("CPO"), AND APPROVAL OF THE SAME BY THE CITY MANAGER; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0000.00000 AND OTHER LEGALLY AVAILABLE FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE 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, AND IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, The Department of Resilience and Public Works ("RPW') is seeking to continue the utilization of the Scavenger 2000 Depollution Boat for surface cleaning of the City of Miami's ("City") waterfront; and WHEREAS, the Scavenger 2000 has the capability to treat the water, in addition to debris removal and oil sheen recuperation due to its oxygenating process; and WHEREAS, the Scavenger 2000 can only be acquired from Water Management Technologies, Inc. ("WMT"), the sole source provider with proprietary technology with numerous patents registered with the United States Patent and Trademark Office; and WHEREAS, pursuant to Section 18-92(a)(1) and (3) of the Code of the City of Miami, as amended ("City Code"), the City Manager has made a written finding that only one reasonable source of supply exists, attached and incorporated as Exhibit "A," and recommends waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous; 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, attached and incorporated as Exhibit "A," waiving the requirements for competitive sealed bidding as not being practicable, and authorizing the renewal as the sole source authorized service provider of the Scavenger 2000 Depollution Boat from WMT, on an as needed basis, for a period of three (3) years with two (2) additional one (1) year options to renew, thereafter renewable annually, subject to an annual sole source finding by the Chief Procurement Officer ("CPO"), and approval of the same by the City Manager; is hereby ratified, approved, and confirmed. Section 3. Funds to be allocated from Account No. 00001.208000.534000.0000.00000, or other legally available funding sources, subject to the availability of funds and budget approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute an agreement between the City and WMT for the provision of water depollution services to reduce the contamination and pollution of all navigable canals, outfalls, and Biscayne Bay waters for the Department of Resilience and Public Works. Section 5. The City Manager is further authorized' to negotiate and execute all other documents, including any agreements, amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approval, and compliance with 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, and in compliance with applicable regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyy•ng III, C y ttor -y 3/4/2025 1 The authorization herein 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.