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2010-27387 Reso2010-27387 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING AND DECLARING THAT THIS ,IS~ A .SOLE SOURCE PROCUREMENT PURSUANT TO SECTION 2-367 (d) OF THE CITY CODE, AND AUTHORIZING THE CITY MANAGER AND THE CITY _ CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., CURRENTLY SET TO EXPIRE ON SEPTEMBER 30, .2010; ALLOWING THE NEW TERM TO COMMENCE ON JUNE 1, 2010, AND fND ON SEPTEMBER 30, 2015, IN THE ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAL TWO (2) LIFEPAK 12 . MONITOR/DEFIBRILLATORS THAT ARE NO ~ LONGER .UNDER WARRANTY, AND ONE (1) ADDITIONAL AUTOMATED EXTERNAL DEFIBRILLATOR (AED) NOT PREVIOUSLY COVERED IN THE AGREEMENT; AND FURTHER ADDING COVERAGE FOR EIGHT (8) LIF~PAK 15 ~MONITOR/DEFIBRILLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. WHEREAS, the Fire Department has used Physio Control/Medtronic Defibrillators/Monitors and Automated External Defibrillators (AED's) exclusively for the past twenty-five years; and WHEREAS, to protect the City from excessive maintenance costs, the :Administration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty years; and WHEREAS, the first annual installment on the proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional three (3) devices as well as eight (8) Lifepak 15 Monitor/Defibrillators that will have the factory warranty expire during FY 2010/2011; and WI~EREAS,. this 5-year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2015; and WHEREAS, Physio Control, Inc., a division of Medtronic, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices, and services in Florida; and WHEREAS, Physio Control, the manufacturer, is the only viable entity that can maintain the above mentioned defibrillator equipment and therefore, the Technical Service Support Agreement with Physio Control is considered a sole source procurement pursuant to the City Code; and WHEREAS, the City Manager concurs with the Amendment to the Agreement. NOW, THEREfORE, BE IT DULY RESOLVED BY THE :MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission adopt the attached resolution finding and declaring that this is a sole source procurement pursuant to Section 2-367 (d) of the City Code, and authorize the City Manager and City Clerk to .amend and execute the Technical. Service Agreement between the City and Physio Control, Inc., allowing the new term to commence on June 1, 2010 and end on September 30, 2015, in the estimated annual amount of $26,974; adding coverage for an additional two (2) Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated external defibrillator (AED) not previously covered in the Agreement; and further add coverage for eight (8) Lifepak 15 monitor/defibrillators, of which the factory warranty will expire in January, 2011. PASSED and ADOPTED this ~ ~k day of ~(~ ,.2010... ATTEST: P~,~~ CITY CLERK M~~i~~~:~~~=~ T:WGENDA\2010\May 12\Consent\Physio Control Reso.doc APPROVE® AS TO FORM & LANGUAGE ~ FOR EXECUTION ~~ -3~"~~ ity Attorney Date COMMISSION ITEM SUMMARY A Resolution For The Sole Source Procurement Pursuant To Section 2-367(d) Of The City Code Authorizing The City Manager And City Clerk To Amend .And Execute The Technical Service Support Agreement Between The City And Physio Control, Inc. Condensed Title: Key Intended Outcome Supported: Increase resident ratings of public safety services Supporting Data-(Surveys, Environmental Scan, etc.): 96.8% of the residents responding to the 2009 Community Satisfaction Survey rated the Fire Department services as Excellent or Good; and 95.5% rated .Emergency Medical Response as Excellent or Good. Issue: Shall the City Commission adopt the resolution? Item Summa /Recommendation: The-Fire Department has used Physio Control/Medtronic Defibrillators/Monitors and Automated External Defibrillators (AED's) exclusively for the past twenty-five years. To protect the City from excessive maintenance costs, the Administration has entered into an annual Technical Service Support Agreement with the manufacturer-for the past twenty years. The first annual installment on the proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional three (3) devices as well as eight.(8) Lifepak 15 Monitor/Defibrillators that will have the factory warranty expire during FY 2010-2011. This 5-year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2015. Physio Control, Inc, a division of Medtronic, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of products, including accessories, .repair parts and upgrades, remanufactured devices, and services in Florida. The manufacturer, Physio Control, Inc., is the only viable entity that can maintain the above mentioned defibrillator, equipment. Therefore, the Technical Service Support Agreement. with Physio Control is considered a sole source procurement pursuant to the City Code.. ADOPT THE RESOLUTION Adviso Board Recommendation: N/A - Financial Information: Source of Amount. Account . Approved Funds: 1 2 3 OBPI Total :Financial Impact Summary: The cost of this 5-year agreement is $134,866.33, payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment of $26,974 due in October 2010 for FY 2011, has been requested through the 2011 budgeting process for Account No. 011-1220-000325 Contract Maintenance, Public Safe Cit Clerk's Office Le islative Trackin Gus Lopez, .ext. 6641 Sign-Offs:„ m De~ ment Director Assist nt Cit M a r Cit Mana er GL P EY PDW JMG T:\AGENDA\2 101May 12\Consent\Physio Control Summ ry.doc 1~ ~ ~~ . ~ L 0 u Agenda Item C ~ G' Date S- 12-/y m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 12, 2010 ~ . SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING AND DECLARING THAT THIS IS A SOLE SOURCE PROCUREMENT PURSUANT TO SECTION 2-367 (d) OF THE CITY CODE, AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., CURRENTLY SET TO EXPIRE ON SEPTEMBER 30, 2010; ALLOWING THE NEW TERM TO - COMMENCE ON JUNE 1, 2010, AND END ON SEPTEMBER 30, 2015, IN THE ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAL TWO (2) LIfEPAK 12 MONITOR/DEFIBRILLATORS THAT ARE NO LONGER UNDER WARRANTY, AND ONE (1) ADDITIONAL AUTOMATED EXTERNAL DEFIBRILLATOR (AED) NOT PREVIOUSLY COVERED IN THE AGREEMENT; AND FURTHERADDING COVERAGE FOR EIGHT.(8) LIFEPAK 15 MONITOR/DEFIBRFLLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. _ ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUCOME SUPPORTED Increase resident ratings of public safety services FUNDING The cost of this 5-year agreement is $134,866.33, payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment due in October 2010 for FY 2011 has been requested through the 2011 budgeting process forAccount No. 011-1220-000325 Contract Maintenance, Public Safety. ANALYSIS The Fire Department has used Physio Control/Medtronic Defibrillators/Monitors and Automated External Defibrillators (AED's) exclusively for the past twenty-five years. To protect the City from excessive maintenance costs, the Administration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty years. The annual cost of the Technical Service Agreement has averaged $25,200 over the past three (3) fiscal years, including $26,444 for the current fiscal year.. The first annual installment on the .proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional three (3) devices as well as eight (8) Lifepak 15 Monitor/Defibrillators that will have the factory warranty expire during FY 2010-2011. This 5- yearextension will. provide cost certainty on subsequent annual installments through Fiscal Year 2014/2015. Physio Control, a division of Medtronic, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices, and services in Florida. Physio Control does not utilize the services of any authorized dealers or distributors in the sale of its products in this market. Physio Control, the manufacturer, is the only viable. entity .that cane maintain the above mentioned defibrillator equipment. Therefore, the Technical Service Support Agreement. with Physio Control is considered a sole source procurement pursuant to the City Code. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution finding and declaring that this is a sole source procurement pursuant to Section 2-367,{d) of the City Code, and' authorize the City Manager and the City Clerk to amend and execute the Technical Service Support Agreement between the City and Physio Control, Inc., allowing the. new term to commence on June 1, 2010, and end on September 20, 2015, in the estimated annual amount of $26,974; adding coverage for an additional two (2) Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated external defibrillator (AED) not previously covered iri the Agreement; and further add coverage for eight (8) Lifepak 15 monitor/defibrillators, of which the factory warranty will expire in January,. 2011. T:\AGENDA\2010\May 12\Consent\Physio Control Memo.doc Physic-Cc,n~rol, Inc. ' 1ISx1 Willaws Raac3 N'E, P.O. 8~x 9JOOG, Reamond, "NA 98052 Tel ~25.8G7.4000 Totl-free $OQ.~4.2.11~2 ~ .i i ~ ~vww.physio-con#ro4.com April 29 2010 Miami Beach Fire Rescue Chris Parrino 1680 Merdian Ave, Ste 203 Miami Beach, FL 33140 To Mr. Parrino: in response to your recent request, I am writing to confirm that Physic-Control, division of Medtronic, Inc., is the only source from which to obtain the LIFEPAK® family of products, including upgrades, factory authorized service and maintenance in your marketplace. Physic-Control does not utilize the services of any authorized dealers or distributors in the sale of our products in your marketplace. Best regards, Gorman Wong Customer Support Services Director