PH.2 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY AN AFFIRMATIVE FOUR-FIFTHS (4/5THS) VOTE PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER’S WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT “A”, THAT ONLY ONE REASONABLE SOURCE OF SUPPLY EXISTS FOR THE PROVISION OF MAINTENANCE AND REPAIR SERVICES FOR ELEVEN (11) AIRHAWK EXHAUST REMOVAL SYSTEMS (“SERVICES”); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GARRISON MECHANICAL SERVICE CORPORATION (“CONTRACTOR”) FOR THE SERVICES FOR THE DEPARTMENT OF FIRE-RESCUE FOR A TERM OF SIX (6) YEARS IN AN ESTIMATED AMOUNT OF TWO HUNDRED SEVENTY-ONE THOUSAND, EIGHT HUNDRED NINETY-TWO AND 00/100 DOLLARS ($271,892.00); ALLOCATING FUNDS FOR THIS PURPOSE FROM THE FIRE OPERATING FUND, ACCOUNT NO. 00001.184010.546000, OR OTHER LEGALLY AVAILABLE FUNDING SOURCES, SUBJECT...

WHEREAS, the City of Miami (“City”), through its Department of Fire-Rescue (“Fire-Rescue”), requires maintenance and repair services for eleven (11) Airhawk Exhaust Removal Systems (“Services”) in order to remove harmful diesel exhaust fumes that are left behind in its fire stations when diesel-powered apparatus are in use, thereby protecting the City’s firefighters from exposure to such toxic fumes; and WHEREAS, the Airhawk Exhaust Removal Systems were installed in Fire Station Nos. 1 through 10 and No. 12 via Invitation for Bid (“IFB”) No. 371334 to assist in eliminating toxic fumes from diesel exhaust, thereby making the City’s fire stations safer; and WHEREAS, regularly scheduled maintenance and unscheduled repairs are necessary to ensure that the Airhawk Exhaust Removal Systems continue to protect the City’s fire personnel from exposure to such toxic exhaust fumes; and WHEREAS, Section 18-92(b) of the Code of the City of Miami, Florida, as amended (“City Code”) provides that the use of competitive bidding methods may be waived in circumstances where the City Manager makes a written finding, supported by reasons, that only one reasonable source of supply exists; and WHEREAS, Garrison Mechanical Service Corporation (“Contractor”) is the only vendor approved by the manufacturer to service the Airhawk Exhaust Removal Systems, which enables the City to maintain the systems’ lifetime warranty for parts replacement, and is therefore the only reasonable source of supply for said Services for the reasons specified in Exhibit “A,” attached and incorporated (“Written Findings”); and WHEREAS, pursuant to Section 18-92 of the City Code, the Chief Procurement Officer has made a finding that Contractor is the sole vendor approved by the manufacturer to service the Airhawk Exhaust Removal Systems, and such finding has been approved and adopted as the Written Findings of the City Manager, attached and incorporated as Exhibit “A”; and WHEREAS, because Contractor is the only reasonable source of supply for the Services, the City Commission desires to ratify, confirm, and approve the City Manager’s Written Findings, and authorize the City Manager to negotiate and execute an agreement with Contractor for the provision of the Services; 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(b) of the City Code, after an advertised public hearing, the City Manager’s Written Findings are hereby ratified, approved, and confirmed. Section 3.  The City Manager is authorized to negotiate and execute an agreement, in a form acceptable to the City Attorney, with Contractor for the Services for a term of six (6) years, in an estimated amount of Two Hundred Seventy-One Thousand, Eight Hundred Ninety-Two and 00/100 Dollars ($271,892.00). Section 4.Funds are to be allocated from the Fire Operating Fund, Account No. 00001.184010.546000 or other legally available sources of funds, subject to the availability of funds and budget approval at the time of need. Section 5.The City Manager is further authorized1 to negotiate and execute any documents, including amendments, renewals, and extensions, all in forms acceptable to the City Attorney, and subject to all allocations, appropriations, and prior budgetary approvals, and in 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 all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6.This Resolution shall become effective immediately upon its adoption.