Title
Enter into Contract with Battelle Memorial Institute for Personal Protective Equipment (PPE) Decontamination Services and Authorize Exceptions to Phoenix Code Section 42-18 - Indemnification and Liability Provisions (Ordinance S-46675)
Description
Request the City Council to enter into contract with Battelle Memorial Institute for personal protective equipment (PPE) decontamination services subject to contract provisions and requesting waiver of Phoenix Code section 42-18.
Report
Summary
On April 30, 2020, the City of Phoenix entered into a Revocable License for Use of City Property with the Arizona Department of Administration, and Arizona Department of Emergency and Military Affairs, City Contract No. 151993, to allow Battelle Memorial Institute as operator to perform decontamination of compatible N95 respirators at the Phoenix Fire Department Administration West building located at 150 S. 12th St., Phoenix, Arizona, 85009.
The Phoenix Fire Department (PFD) requests authorization to enter into a service agreement with Battelle Memorial Institute to provide decontamination services for fire department emergency medical services personnel PPE, and police department PPE, as approved by the Food and Drug Administration (FDA) as set forth in the Emergency Use Authorization (EUA) for decontamination processing. These services will be provided to the City at no cost.
Additionally, Battelle Memorial Institute has taken exception to the indemnification and liability provisions in the contract. PFD is seeking an exception to Phoenix Code section 42-18 in allowing for mutual indemnification against any liability, claim, loss, damage or expenses, including without limitation, reasonable attorney fees, arising from its negligent acts or omissions in connection with its performance of the agreement, or its failure to comply with the terms of the agreement, as determined by a court of competent jurisdiction. PFD is also seeking an exception to Phoenix Code section 42-18 in allowing a limitation of damages not to exceed $10,000.
Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as a result of an EUA issued by the FDA on March 29, 2020 authorizing Battelle Memorial Institute, Inc. to operate the Battelle Critical Care Decontamination System (“CCDS”) for use in decontaminating compatible N95 or N95-equivalent respirators for reuse by healthcare personnel to prevent exposure to pathogenic biological airborne particulates when there are insufficient supplies of Filtering Facepiece Respirators during the COVID-19 pandemic.
Contract Term
The term of the agreement with Battelle Memorial Institute, if approved, will begin on or about June 1, 2020 through May 31, 2021 with options to renew on a month-to-month basis for up to six months.
Financial Impact
There are no costs to the City. On April 10, 2020 the Defense Logistics Agency, under authority of 10 U.S.C. 2304(c)(2), FAR Part 6.302-2, issued a contract to Battelle Memorial Institute to operate the CCDS, in accordance with conditions of the EUA, to decontaminate compatible N95 respirators at site locations throughout the United States as directed by the U.S. Government. Under this program, qualifying customers can submit qualifying PPE to be decontaminated at a Battelle approved facility without cost to the customer.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Fire Department.