HomeMy WebLinkAboutR-04-0619City of Miami
Legislation
Resolution: R-04-0619
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01025 Final Action Date: 9/23/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MARKETING PARTNERSHIP
AGREEMENT ("MPA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI ("CITY") AND CARDIAC SCIENCE, INC., ("CARDIAC
SCIENCE"), UTILIZING AN EXISTING CONTRACT, PURSUANT TO REQUEST FOR
PROPOSALS ("RFP") NO. 4318-01-Y FROM THE CITY OF SAN DIEGO,
CALIFORNIA, TO ENHANCE AND EXPAND THE CITY OF MIAMI'S PUBLIC
ACCESS DEFIBRILLATION ("PAD") PROGRAM FOR CITYWIDE USE, FOR AN
INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FOUR
ADDITIONAL ONE-YEAR PERIODS; ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "PUBLIC ACCESS DEFIBRILLATION ("PAD") PROGRAM;"
APPROPRIATING SAID FUND WITH GENERATED REVENUE FROM THE
OPERATION OF SAID PROGRAM, IN ACCORDANCE WITH THE MARKETING
PARTNERSHIP PROGRAM ("MPP") TO SUPPORT EXISTING AND ADDITIONAL
FACILITIES, PROJECTS, PROGRAMS AND ACTIVITIES FROM CARDIAC
SCIENCE, INC., AND OTHER PAD RELATED FUNDING SOURCES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXPEND MONIES FROM THE FUND
FOR THE DEVELOPMENT AND OPERATIONS OF SAID PROGRAM; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") Department of Fire -Rescue ("Fire -Rescue") priorities include
using early defibrillation to "save lives" and providing Automatic External Defibrillators ("AEDs") to be
accessible as fire extinguishers in the City; and
WHEREAS, the City created a Marketing Partnership Program ("MPP") to generate revenue to
fund existing and additional facilities, projects, programs and activities; and
WHEREAS, Request for Proposals ("RFP") No. 4318-01-Y was issued by City of San Diego,
California for the acquisition of Automatic External Defibrillators in conjunction with the City's
Municipal Marketing Partnership Program ("MMPP"); and
WHEREAS, the City Manager and the City's Fire Chief recommend that the City enter into a
Marketing Partnership Agreement ("Agreement") with Cardiac Science as a piggyback pursuant to the
executed contract from RFP No. 4318-01-Y for City of San Diego, California, and that it be approved;
and
WHEREAS, the leading cause of death in the United States is sudden cardiac arrest, killing more
than 400,000 people each year; and
WHEREAS, the key to surviving sudden cardiac arrest is the speed of response that a victim
receives an electrical shock to the heart, to reverse sudden cardiac arrest; and
City of Miami
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File Number: 04-01025 Enactment Number: R-04-0619
WHEREAS, the Agreement will allow Fire -Rescue to improve its public safety interoperability
within the City and to establish a self -funded PAD program that will expand the use of AEDs Citywide
without increasing the City's revenue expenditure; and
WHEREAS, in consideration of the rights, benefits, and privileges granted to Cardiac Science
under said Agreement, Cardiac Science shall pay the City a marketing rights fee of $50,000 for the
first year of the Agreement, $25,000 in year two if Cardiac Science sells 226 AEDs in year one and
$25,000 in year three if Cardiac Science sells 565 AEDs from inception of the program to the end of
year two; and
WHEREAS, Cardiac Science also agrees to credit any past (past meaning, in this context, before
this contract becomes effective) City Cardiac Science AED and accessory purchases to the qualifying
requirement for year two marketing rights fees; and
WHEREAS, Cardiac Science shall pay the City an incremental marketing fee for each AED and
Wall Mount sold by Cardiac Science to any party in the zip codes listed in said contract agreement
and/or any party that the City and/or its PAD Program refer to Cardiac Science; and
WHEREAS, the City Manager is authorized{1} charge entities and citizens for CPR Training, AED
Training, First Aid/CPR/AED course, PAD Program Management and Incident Management in
accordance with the City fees attached within; and
WHEREAS, it is practicable and most advantageous for the City to contract with Cardiac Science,
as authorized by Section 18-111, of the City Code, as amended; and
WHEREAS, the Agreement has been accepted and procured by the City from the contract of
another municipality, the City of San Diego, which the Chief Procurement Officer has found was
entered into pursuant to a competitive process in compliance with City laws, policies, and procedures;
and
WHEREAS, Cardiac Science's proposal meets the objectives of the MPP and it is in the best
interest of the City to participate in the Agreement; and
WHEREAS, it is appropriate for the City Manager to accept all monies generated and establish a
Special Revenue Fund for the appropriation of said PAD program;
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. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, with Cardiac Science, utilizing an existing contract, pursuant to RFP No. 4318-01-Y
from the City of San Diego, California, to enhance and expand the City's public access defibrillation
("PAD") Program for Citywide use, for an initial one-year period, with the option to extend for four
additional one-year periods.
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File Number: 04-01025 Enactment Number: R-04-0619
Section 3. A new Special Revenue Fund entitled "Public Access Defibrillation ("PAD") Program is
established, and the City Manager is authorized{1} to make appropriations to the fund with revenue
generated from operation of the program, in accordance with the MPP to fund existing and additional
facilities, projects, programs and activities from Cardiac Science, Inc., and other PAD related funding
sources.
Section 4. The City Manager is further authorized{1} to expend monies from the fund for the
development and operations of said PAD program, and to execute the necessary document(s), in a
form acceptable to the City Attorney.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{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 Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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