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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00468 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PROCUREMENT OF PHARMACEUTICALS FROM CARDINAL HEALTH, INC., AND
THE PROVISION OF PHARMACEUTICALS RETURNED GOODS PROCESSING
SERVICES FROM GUARANTEED RETURNS, INC., UTILIZING EXISTING
MINNESOTA MULTISTATE CONTRACTING ALLIANCE FOR PHARMACY
("MMCAP") CONTRACTS, EFFECTIVE THROUGH JUNE 30, 2013, AND
NOVEMBER 1, 2013, RESPECTIVELY, SUBJECT TO ANY FURTHER RENEWALS,
EXTENSIONS OR REPLACEMENT CONTRACTS BY MMCAP, FOR THE
DEPARTMENT OF FIRE -RESCUE, TO BE UTILIZED ON AN AS -NEEDED
CONTRACT BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; ACKNOWLEDGING THE
COOPERATIVE PROCUREMENT BENEFITS OF MMCAP THAT ENABLES THE
CITY OF MIAMI ("CITY") TO AGGREGATE ITS PURCHASING VOLUME WITH
THAT OF OTHER PARTICIPATING MEMBER AGENCIES IN ORDER TO REALIZEA
LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE TO THE FINANCIAL
BENEFIT OF THE CITIZENS OF THE CITY; FURTHER AUTHORIZING
PIGGYBACKS OF OTHER AND FUTURE COOPERATIVE MMCAP CONTRACTS
WITHOUT ADDITIONAL CITY COMMISSION AUTHORIZATION, UPON THE
DETERMINATION BY THE CHIEF PROCUREMENT OFFICER THAT SAID
PIGGYBACKS ARE IN COMPLIANCE WITH SECTION 18-111 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE PROCUREMENT CODE),
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT
THE TIME OF NEED.
WHEREAS, the Minnesota Multi -State Contracting Alliance for Pharmacy ("MMCAP"), created
in 1985, is a free, voluntary Group Purchasing Organization operated and managed by the Materials
Management Division of the State of Minnesota's Department of Administration for government -run
health care facilities; and
WHEREAS, MMCAP combines the purchasing power of its members to receive the best prices
available for the products and services for which it contracts; and
WHEREAS, MMCAP contracts with over one -hundred and fifty (150) pharmaceuticals
manufacturers, and also has contracts for distributors to support pharmaceutical contracts; and
WHEREAS, the City of Miami ("City"), as a member of MMCAP, is able to derive the benefits of
the membership program, which include free membership, and reduced costs for products and
services; and
WHEREAS, MMCAP, as an arm of the Materials Management Division of the State of
Minnesota's Department of Administration, must follow Minnesota laws that govern the actions of state
agencies and when establishing contracts, MMCAP must comply with competitive procurement laws
found in Minnesota Statutes Chapter 16C; and
City of Mianu
Page 1 of 3 File Id: 13-00468 (Version: 1) Printed On: 4/18/2013
File Number: 13-00468
WHEREAS, the procurement laws found in the Minnesota Statutes Chapter 16C.06, confirm
that solicitations issued by Minnesota comply with the City's laws, policies, and procedures concerning
competitive sealed bidding and proposals; and
WHEREAS, pursuant to Section 18-111 of the Code of the City of Miami, Florida, as amended
("Procurement Code"), the Chief Procurement Officer determined that the MMCAP contracts for the
procurement of pharmaceuticals and the provision of pharmaceuticals returned goods processing
services were entered into pursuant to a competitive process in compliance with the City laws, policies,
and procedures; and
WHEREAS, per the Procurement Code, the City Manager signed an MMCAP Facility
Membership Agreement and approved the purchase of goods and services exceeding $25,000, but
less than $50,000 with Cardinal Health, Inc., and Guaranteed Returns, Inc., for the Department of
Fire -Rescue; and
WHEREAS, the Department of Fire -Rescue has communicated to the Department of
Purchasing the need to continue purchasing Pharmaceuticals and Returned Goods Processing
Services in amounts exceeding $50,000; and
WHEREAS, the adoption of this Resolution will enable the Department of Fire -Rescue to
continue purchasing pharmaceuticals and returned goods processing services, as needed, from
MMCAP, subject to budgetary approval and availability of funds at the time of need;
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 fully set forth in this Section.
Section 2. The procurement of pharmaceuticals from Cardinal Health, Inc., and the provision
of pharmaceuticals returnedgoods processing services from Guaranteed Returns, Inc., utilizing
existing MMCAP contracts, effective through June 30, 2013 and November 1, 2013, respectively,
subject to any further renewals, extensions or replacement contracts by MMCAP, for the Department
of Fire -Rescue, to be utilized on an as -needed contract basis, subject to the availability of funds and
budgetary approval at the time of need, is authorized.
Section 3. The cooperative procurement benefits of MMCAP that enable the City to aggregate
its purchasing volume with that of other participating member agencies in order to realize a larger
percentage discount pricing structure to the financial benefit of the citizens of the City, are
acknowledged.
Section 4. The piggybacks of other and future cooperative MMCAP contracts without
additional City Commission authorization upon determination by the Chief Procurement Officer that
said piggybacks are in compliance with the Procurement Code, subject to the availability of funds and
budgetary approval at the time of need, are authorized.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
City of Miami Page 2 of 3 File Id: 13-00468 (Version: 1) Printed On: 4/18/2013
File Number: 13-00468
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten 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 or upon the
effective date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 13-00468 (Version: 1) Printed On: 4/18/2013