HomeMy WebLinkAboutAgenda Item Summary FormDate: 06/22/2018
AGENDA ITEM SUMMARY FORM
File ID: #4351
Commission Meeting Date: 07/26/2018
Type: Resolution
Subject: Sole Source - ERLA, Inc.
Purpose of Item:
Requesting Department: Department of Fire -
Rescue
Sponsored By:
District Impacted: All
The nature of this item is to authorize a resolution of the Miami City Commission 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 approving the procurement of Maintenance,
Repair Services, and On -Call Emergency Repair of Emergency Ambulance Cots for the
Department of Fire -Rescue ("Fire -Rescue"), from ERLA, Inc. d/b/a Equipment
Management Service and Repair ("EMSAR Florida"), on an as needed basis, for an
initial three-year term, with the option to renew for three (3) additional three-year
periods, at a first year cost not -to -exceed $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. 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 Code of the City of Miami, Florida, as
amended, ("City Code"), including, the City of Miami'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.
Background of Item:
Fire -Rescue has been exclusively using Ferno and Stryker ("Manufacturers") brand
ambulance cots since the year 2000. Fire -Rescue's entire fleet of Advanced Life
Support ("ALS") Transport Units utilizes said stretchers to transport patients from the
incident scene to the hospital. These devices are used under intense operating
conditions which makes it necessary for them to receive ongoing maintenance and
repair. The maintenance, as requested herein, has been previously approved by the
City as a Sole Source, pursuant to Resolution Nos. 00-207, 03-299, 06-0152, 09-0087
12-0268, and 15-0266.
Manufacturers of the ambulance cots, have contracted with EMSAR Florida, and as
such, Emsar Florida is the only authorized service provider in the South Florida area to
provide comprehensive service and support for the complete manufacturer's product
line. EMSAR Florida has two locally headquartered technicians providing service and
support for all manufacturers' Ambulance Cots and Stair Chair customers.
With the above in mind, issuing a competitive solicitation for this procurement wouldn't
be practical for the City. In accordance with Section 18-92 (a) (1) and (3) of the City of
Miami Procurement Code, "sole -source awards may be made [..I Where the
compatibility of equipment, accessories, or replacement parts permits one reasonable
source of supply, "and "Where the unique and specialized expertise of one source of
services is unlikely to be obtained from any other source.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$413,845.29 (In the aggregate if all twelve (12) years are exercised, inclusive of the 5% year to
year increase)
Maintenance Cost: $26,000 (First Year)
General Account No: 00001.184010.546000.0000.00000
Reviewed By
Department of Fire -Rescue
Ty McGann
Department of Fire -Rescue
Johnny Duran
Department of Fire -Rescue
Eloy Garcia
Office of Management and Budget
Pedro Lacret
Office of Management and Budget
Christopher M Rose
City Manager's Office
Nikolas Pascual
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Fire Department Review
Completed
06/25/2018
8:48
AM
Fire Budget Review
Completed
06/25/2018
9:04
AM
Fire Chief Review
Completed
06/26/2018
8:19
AM
Budget Analyst Review
Completed
07/05/2018
2:05
PM
Budget Review
Completed
07/05/2018
8:28
PM
City Manager Review
Completed
07/09/2018
4:36
PM
Legislative Division Review
Completed
07/12/2018
3:59
PM
Deputy City Attorney Review
Skipped
07/12/2018
4:00
PM
Approved Form and Correctness
Completed
07/12/2018
4:01
PM
Meeting
Completed
07/26/2018
9:00
AM
Signed by the Mayor
Completed
08/06/2018 10:31
AM
Signed and Attested by the City Clerk
Completed
08/06/2018
4:58
PM
Rendered
Completed
08/06/2018
4:58
PM
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City of Miami
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Legislation 3500 Pan American Drive
Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-18-0327
File Number: 4351 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
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.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' 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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez,ity ttor ey 711212018