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HomeMy WebLinkAboutR-25-0087City of Miami Resolution R-25-0087 Legislation 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 City of Miami Page 1 of 3 File ID: 17205 (Revision:) Printed On: 8/19/2025 File ID: 17205 Enactment Number: R-25-0087 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. 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. City of Miami Page 2 of 3 File ID: 17205 (Revision:) Printed on: 8/19/2025 File ID: 17205 Enactment Number: R-25-0087 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty ttor' -y 3/4/2025 City of Miami Page 3 of 3 File ID: 17205 (Revision:) Printed on: 8/19/2025