Title
Authorization to Enter Into Purchase Order Agreement with Med-Eng, LLC (Ordinance S-46446)
Description
Request to authorize the City Manager, or his designee, to proceed with a one-time purchase of one Explosive Ordinance Disposal (EOD) 9 bomb suit for the Phoenix Police Department, Homeland Defense Bureau and to waive, or make an exception to Phoenix City Code, section 42-18 (indemnification prohibition) in order to enter into purchase order agreement. The aggregate value of this purchase will not exceed $18,000. Further request authorization for the City Controller to disburse all funds related to this item.
Report
Summary
The Police Department requires the purchase of an EOD 9 bomb suit for the Phoenix Police Department Homeland Defense Bureau. The purchase of the suit will provide the critical equipment required to safely enter an area with an explosive device. The equipment is designed to provide superior protection while also being ergonomically designed to allow the bomb technicians to move, climb and bend to safely and swiftly approach explosive devices.
Med-Eng, LLC submitted exceptions to the purchase order terms and conditions: Item 5, Indemnification and Item 11, Breach, Termination and Remedies. The exceptions do not foreclose all liability on the part of the vendor. The exception limits certain claims that may be brought against the vendor that may result from the use of the equipment. It does not release the vendor from its obligations under warranty for uniforms or equipment that are or may be defective.
Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as a result of a Special Circumstance Without Competition Determination Memo citing Med-Eng, LLC as the supplier of the EOD 9 bomb suit that best meets the specification and performance standards of the Police Department. This memo was approved by the Deputy Finance Director recommending the procurement with Med-Eng, LLC be accepted.
Financial Impact
The total cost of this equipment will not exceed $18,000. Funds are available in the Police Department's budget.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Police Department.