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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01315 Final Action Date: 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, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AWARDING A CONTRACT IN EXCESS OF $25,000 FOR THE PROCUREMENT OF EZ-IO INTRAOSSEOUS INFUSION SYSTEM AND ACCESSORIES FROM VIDACARE CORP., FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED BASIS, FORA ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND•FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, WITH PRICES REMAINING FIXED AND FIRM FOR THE FIRST YEAR OF THE CONTRACT, AND ANY PRICE INCREASES/DECREASES THEREAFTER SUBJECT TO MUTUAL APPROVAL BY BOTH VIDACARE CORP., AND THE CITY OF MIAMI; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL FUND, ACCOUNT CODE NO. 00001.184010.552100.0000.00000, WITH FUTURE YEARS' FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TERMS AND CONDITIONS, AND TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY. WHEREAS, the Department of Fire -Rescue ("Fire -Rescue") utilizes the EZ-IO Intraosseous Infusion System to establish stable and secure vascular access in cardiac arrest and resuscitation scenarios, for both adults and children; and WHEREAS, effective October 26, 2009, the Department of Purchasing issued an Invitation for Quotation ("IFQ") to all providers under the Medical Supplies Bid Contract 34019 and added the EZ-IO 15 mm, 25 mm, and 45 mm sterile needle sets to said contract; and WHEREAS, Effective November 1, 2011, Vidacare Corp., the manufacturer of the EZ-IO Intraosseous Infusion System and Accessories, discontinued the distribution of these products through authorized resellers and began to sell them directly; and WHEREAS, on October 31, 2011, in accordance with Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the Chief Procurement Officer approved a sole -source finding and made a determination to award a sole -source contract to Vidacare, Corp., not exceeding $25,000 for a one (1) year term; and WHEREAS, to date, the $25,000 contract spend limit has been reached and the Department of Fire -Rescue still needs to continue procuring the EZ-IO Intraosseous Infusion System; and City of Miami Page 1 of 3 File Id: 12-01315 (Version: 1) Printed On: 11/29/2012 File Number: 12-01315 WHEREAS, pursuant to Section 18-92 of the City Code, the Chief Procurement Officer has adopted a finding that Vidacare, Corp., is still the sole -source provider of the EZ-IO Intraosseous Infusion System and Accessories; and WHEREAS, the findings of the Chief Procurement Officer have been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and the Chief Procurement Officer recommend that the requirements for competitive sealed bidding procedures be waived and that a contract in excess of $25,000, for the procurement of EZ-IO Intraosseous Infusion System and Accessories from Vidacare, Corp., as the sole source, 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, pursuant to Section 18-92 of the City Code, after an advertised public hearing, the City Manager's finding of a sole source, is ratified, approved and confirmed, the requirements for competitive sealed bidding procedures are waived, and a contract in excess of $25,000 for the procurement of EZ-IO Intraosseous Infusion System and Accessories from Vidacare, Corp., for the Department of Fire -Rescue, is approved, on an as needed basis, for a one (1) year period, with the option to extend for two (2) additional one (1) year periods, with prices remaining fixed and firm for the first year of the contract, and any price increases/decreases thereafter subject to mutual approval by both Vidacare and the City, with funds allocated from the Department of Fire -Rescue General Fund, Account Code No. 00001.184010.552100.0000.00000, with future years' funding subject to the availability of funds and budgetary approval at the time of need. Section 3. The City Manager is authorized {1 } to execute the attached Terms and Conditions, and to negotiate and execute any necessary amendments, extensions, and modifications, after consultation with the City Attorney. Section 4 This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE BRU CITY ATTORNEY City of Miami Page 2 of 3 File Id: 12-01315 (Version: 1) Printed On: 11/29/2012 File Number: 12-01315 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 3 of 3 File Id: 12-01315 (Version: 1) Printed On: 11/29/2012