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HomeMy WebLinkAboutR-05-0528City of Miami Legislation Resolution: R-05-0528 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00914 Final Action Date: 9/8/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; APPROVING THE PROCUREMENT OF PHYSIO-CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE, FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. ("MEDTRONIC"), THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR A THREE-YEAR PERIOD BEGINNING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2008, AT AN ANNUAL COST NOT TO EXCEED $49,019, FORA TOTAL AMOUNT NOT TO EXCEED $147,057; AUTHORIZING THE CITY MANAGER TO EXECUTE A TECHNICAL SERVICE SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDTRONIC, FOR SAID PURPOSE; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $49,019, FOR FISCAL YEAR 2005-2006, FROM THE DEPARTMENT OF FIRE -RESCUE'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.270, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. WHEREAS, the Department of Fire -Rescue has been utilizing equipment acquired from Medtronic Emergency Response Systems, Inc. (formerly known as Medtronic Physio-Control Corporation) ("Medtronic"), since 1984; and WHEREAS, the maintenance of Physio-Control Cardiac Life Support Equipment is critical as it is used in the treatment of life threatening situations and must be maintained in proper working condition at all times; and WHEREAS, in the course of daily use, mechanical and electrical failures are encountered and the continuance of a maintenance and performance assurance program is imperative; and WHEREAS, funds for said service are available from the Department of Fire -Rescue's General Fund, Account Code No. 001000.280601.6.270; and WHEREAS, Medtronic is the sole source manufacturer of the existing Physio-Control Cardiac Life Support Equipment and the distributor of replacement parts and supplies for the Lifepak monitors/defibrillators/pacemakers used by the City of Miami ("City"); and WHEREAS, the finding of the Chief Procurement Officer has been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and Fire Chief recommend that the requirements for formal competitive sealed bidding procedures be waived and the procurement of the above maintenance City of Miami Page 1 of 2 File Id: 05-00914 (Version: 11 Printed On: 11/29/2016 File Number: 05-00914 Enactment Number: R-05-0528 service as specified be approved; 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, after an advertised public hearing, the City Manager's finding of a sole source waiving the requirements for competitive sealed bidding procedures, is ratified, approved and confirmed and the procurement of Physio-Control Cardiac Life Support Equipment maintenance services from Medtronic, the sole source provider, for the Department of Fire -Rescue, on a contract basis for a three-year period beginning October 1, 2005 through September 30, 2008, is approved, at an annual cost not to exceed $49,019, for a total amount not to exceed $147,057, with funds in the amount not to exceed $49,019, for Fiscal Year 2005-2006, allocated from the Department of Fire -Rescue's General Operating Budget, Account Code No. 001000.280601.6.270, with future Fiscal Year funding subject only to budgetary approval. Section 3. The City Manager is authorized{1 } to execute a Technical Service Support Agreement, in substantially the attached form, with Medtronic, for said purpose. Section 4. 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. City of Miami Page 2 of 2 File Id: 05-00914 (Version: 11 Printed On: 11/29/2016