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HomeMy WebLinkAboutR-13-0181City of Miami Legislation Resolution: R-13-0181 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00468 Final Action Date: 5/9/2013 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 REALIZE A 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 City of Miami Page 1 of 3 File Id: 13-00468 (Version: 1) Printed On: 8/29/2017 File Number: 13-00468 Enactment Number: R-13-0181 laws found in Minnesota Statutes Chapter 16C; and 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 returned goods 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. City of Miami Page 2 of 3 File Id: 13-00468 (Version: 1) Printed On: 8/29/2017 File Number: 13-00468 Enactment Number: R-13-0181 Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} 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: 8/29/2017