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HomeMy WebLinkAboutR-18-0327City of Miami 1 i.RR cl Legislation alldl 1 l + Resolution: R-18-0327 File Number: 4351 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/26/2018 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 "B"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO AND STRYKER ("MANUFACTURERS") EMERGENCY AMBULANCE COTS FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE - RESCUE"), FROM ERLA, INC. D/B/A EQUIPMENT MANAGEMENT SERVICE AND REPAIR FLORIDA ("EMSAR FLORIDA"), ON AN AS NEEDED BASIS, FOR A THREE (3) YEAR TERM, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL THREE (3) YEAR PERIODS, AT A FIRST YEAR NOT -TO -EXCEED AMOUNT OF $26,000.00 WITH OPTIONAL ANNUAL INCREASES NOT TO EXCEED FIVE PERCENT (5%), ALLOCATING FUNDS FOR THE FIRST YEAR FROM THE FIRE -RESCUE GENERAL FUND ACCOUNT CODE NO. 00001.184010.546000.0000.00000, WITH FUTURE YEARS FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), WITH EMSAR FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE INCLUDING, THE CITY OF MIAMI'S ("CITY") PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, the Department of Fire -Rescue ("Fire -Rescue") requires regular maintenance, repair and on-call emergency repairs of its manufacture's emergency ambulance cots; and WHEREAS, the manufacturers of these ambulance cots, have contracted with ERLA, Inc., d/b/a Equipment Management Service and Repair, Inc., a foreign profit corporation ("EMSAR Florida"), and is the only manufacturer authorized service provider and agent to provide comprehensive service and support for the complete manufacturers product line in this service area; and City of Miami Page 1 of 3 File ID: 4351 (Revision:) Printed On: 11/5/2018 File ID: 4351 Enactment Number: R-18-0327 WHEREAS, in addition to repair, maintenance, and on-call emergency repair services, EMSAR Florida provides preventive maintenance to extend the life of the equipment and ensure lower risks of field failures; and WHEREAS, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("City Code"), the Chief Procurement Officer ("CPO") has adopted a finding that EMSAR Florida is the sole source provider in this service area of maintenance, repair, and on- call emergency repairs of the manufacturers emergency ambulance cots; and WHEREAS, the findings of the CPO have been approved and adopted as the findings of the City Manager; and WHEREAS, the City Manager and the CPO recommend that the requirements for competitive sealed bidding procedures be waived and that the procurement of maintenance, repair, and on-call emergency repair services for the manufacturers emergency ambulance cots from EMSAR Florida 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 the procurement of maintenance, repair and on-call emergency repair services of the manufacturers emergency ambulance cots for Fire -Rescue, from EMSAR Florida, the sole source provider of this service, is approved on an as needed basis for an initial three (3) year term, with the option to renew for three (3) additional three (3) year periods, at a first year not -to - exceed amount of $26,000.00 with optional annual increases not -to -exceed five percent (5%), with funds allocated for the first year from the Fire -Rescue General Fund Account Code No. 00001.184010.546000.0000.00000, 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' to execute the PSA, in substantially the attached form, with EMSAR Florida the only manufacturer authorized service provider and agent. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with 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 a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. ' 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 City Code provisions. City of Miami Page 2 of 3 File ID: 4351 (Revision:) Printed on: 11/5/2018 File ID: 4351 Enactment Number: R-18-0327 Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ndez, ity ttor ey 7/12/2018 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 4351 (Revision:) Printed on: 11/5/2018