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HomeMy WebLinkAboutR-22-0151City of Miami Resolution R-22-0151 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11634 Final Action Date: 4/28/2022 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 ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE AND AUTHORIZING THE PURCHASE OF THE AIRTRAQ VIDEO LARYNGOSCOPE AND CAMERA SYSTEM ("AIRTRAQ"), FROM EXCLUSIVE DISTRIBUTOR MERCURY ENTERPRISES, INC., A FLORIDA PROFIT CORPORATION D/B/A MERCURY MEDICAL ("MERCURY MEDICAL"), FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CHIEF PROCUREMENT OFFICER ("CPO") AND APPROVAL OF THE SAME BY THE CITY MANAGER; ALLOCATING FUNDS FROM FIRE -RESCUE'S VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") Department of Fire -Rescue ("Fire -Rescue") uses the Airtraq Video Laryngoscope and Camera System ("Airtraq") to perform endotracheal intubation as its primary form of airway management in order to aid patients while being transported to the hospital; and WHEREAS, the Airtraq is comprised of a unique patented intubation system utilizing a guiding channel that facilitates endotracheal tube placement; and WHEREAS, Fire -Rescue personnel experience a very high success rate using Airtraq, in contrast to alternative, but very different products that have a higher failure rate, causing faster consumption of consumable supplies and compromising patient care; and City of Miami Page 1 of 3 File ID: 11634 (Revision:) Printed On: 6/12/2025 File ID: 11634 Enactment Number: R-22-0151 WHEREAS, Airtraq is solely manufactured by Prodol Meditec, SA, a Spanish company with its United States offices located at 2414 Lawton Lane, Rowlett, Texas 75089, and is currently exclusively distributed by Mercury Enterprises, Inc., a Florida profit corporation d/b/a Mercury Medical ("Mercury Medical"), with its headquarters located at 11300 49th Street North, Clearwater, Florida 33762-4800; and WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the City's Chief Procurement Officer ("CPO") and the City Manager recommend that the requirements for competitive sealed bidding procedures be waived as not being practicable and that the procurement of the Airtraq be approved; and WHEREAS, the sole source finding of the CPO has been approved and adopted as the finding of the City Manager, attached and incorporated as Exhibit "A"; and WHEREAS, following notice of a public hearing, duly published prior to the award, the City seeks procurement of the Airtraq, by a waiver of competitive sealed bidding procedures as a sole source, ratified and approved by a 4/5th affirmative vote of the City Commission; 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, attached and incorporated as Exhibit "A", waiving the requirements for competitive sealed bidding procedures as not being practicable and authorizing the purchase of the Airtraq, from exclusive distributor Mercury Medical, for Fire -Rescue, on an as needed basis, fora period of one (1) year, renewable annually, subject to an annual sole source finding by the CPO and approval of the same by the City Manager, is hereby ratified, approved, and confirmed. Section 3. Funds shall be allocated from Fire -Rescue's various sources of funds, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed including, but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 11634 (Revision:) Printed on: 6/12/2025 File ID: 11634 Enactment Number: R-22-0151 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 11634 (Revision:) Printed on: 6/12/2025