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HomeMy WebLinkAbout2018 CON Thermo Scientific Portable Analytical Instruments - TruNarc Chemical Identification SystemsNOTE TO FILE 02-17-2020 IN THE MATTER OF: Agreement between the City of National City and Thermo Scientific Portable Analytical Instruments for the purchase of two (2) TruNarc chemical identification systems. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. _ Planning Engineering X Police Finance Public Works Fire Nutrition Center Successor Agency CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 24, 2018 AGENDA ITEM NO. 6 1EM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement and authorizing the Mayor to execute the Agreement with Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15 for the Police Department's purchase of two (2) TruNarc chemical identification systems, and a 5-year warranty on each machine. PREPARED BY: Lieutenant Graham Young DEPARTMENT: PoliceeDD pa ment PHONE: 336-4514 APPROVED BY: %%ij/z� EXPLANATION: The funds to purchase the TruNarc machines, warranties and training will come from the FISCAL Year 2016/2017 Citizen's Option for Public Safety (COPS) program funds which were previously accepted on March 1, 2016 pursuant to City Council resolution # 2016-23. A portion of the COPS program funds have been committed for the purchase of the two (2) TruNarc chemical identification systems for the police department. See attached Police Staff Report. FINANCIAL STATEMENT: APPROVED. ACCOUNT NO. Expense Account 208- 411 — 918 — 518 - 0000 APPROVED: The grant awards $114,618.25 over a one-year grant period. No matching City funds are required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: inance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Sole Source Letter Quote Resolution L, /.d? ry d-tJ/ / 34. Thermo Fisher SCIENTIFIC 7/7/2015 The world leader in serving science Thermo Scientific Portable Analytical Instruments, Inc. 2 Radcliff Rd. Tewksbury, MA 01876 978-657-5555 phone 978-657-5921 fax RE: Request for Sole Service / Sole Brand Justification To whom it may concern, The purpose of this letter is to provide additional justification for why Thermo Scientific Portable Analytical Instruments Inc. ("Manufacturer") is the sole source service provider for its Thermo ScientificTm handheld chemical analyzers ("Safety and Security Products"). Such Safety and Security Products deliver rapid, field -based identification of unknown chemicals, explosives, and chemical weapons, as well as narcotics directly from within the hazard zone and provide specific, actionable data— enabling first responders, national security, and military organizations to act quickly and decisively. Thermo Scientific Portable Analytical Instruments Inc. is the sole manufacturer of the FirstDefender RMX, RM, TruDefender FTX, FTXi, FT, FTi, Gemini and TruNarc from its sole manufacturing location at 2 Radcliff Rd Tewksbury, Massachusetts USA. These devices utilize the proprietary chemometrics and DecisionEngine 2.0 MX analysis software also produced solely by Manufacturer. No other device of this kind on the market can make use of this software as it would be a violation of intellectual property protections held by Manufacturer. Additionally, Manufacturer has developed a rugged handheld chemical identification system for solids and liquids that uses both FTIR and Raman technologies known as Gemini. Gemini is the first and only handheld that offers both Raman & FTIR technologies as well as scan delay for both Raman & FTIR. Due to their mission critical applications Manufacturer utilizes the expertise of its trained technicians and engineering staff to perform all necessary repairs. Additionally, the technicians must utilize proprietary software, intellectual property (technical documentation), calibration files and algorithms, as well as specialty tooling designed by Manufacturer in order to properly repair the Safety and Security Products in accordance with published specifications. For those reasons, coupled with complexity and overall safety, Manufacturer, is the sole service provider for our Safety and Security Products possessing unique qualifications and/or specialized capabilities or expertise that is not available in the marketplace. Jason P. Wagstaff Thermo Scientific Portable Analytical Instruments Inc. Government Contracts Manager Thermo Fisher Scientific Page 1 of 3 -CA.LIFORHIA- N TI - I r t- fsconroa► NATIONAL CITY POLICE DEPARTMENT Date: July 12, 2018 TO: City Council of the City of National FROM: Graham Young, Police Lieutenant SUBJECT: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement and authorizing the Mayor to execute the an Agreement with Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15 for the Police Department's purchase of two (2) TruNarc chemical identification system, and a 5 year warranty for both units. SUMMARY: The police department requests authorization to purchase a two (2) TruNarc drug analysis machines, which includes warranties. It is recommended the City Council approve the Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B) (sole source) for the purchase of two (2) TruNarc chemical identification system and warranties for both units. BACKGROUND: On March 1, 2016, the City Council of the City of National City adopted a resolution (#2016-23} ratifying the acceptance of $100,00.00 in grant money disbursement from the FISCAL Year 2016/2017 Citizen's Option for Public Safety (COPS) program funds. The purposes of purchasing the TruNarc chemical identification system is to reduce the risk of fentanyl exposure by not having to open packaging of a chemical substance for testing. Page 2 of 3 Exposure Risks and Treatment Due to their hazardous nature, fentanyl and fentanyl-related substances pose a significant threat to law enforcement personnel and to other first responders, including fire and emergency medical personnel. As matter of reference it has been determined that it would only take 2-3 milligrams of fentanyl to induce respiratory depression, arrest and possibly death (see photo of penny). When visually compared, 2 to 3 milligrams of fentanyl is about the same as five to seven individual grains of table salt. The TruNarc chemical identification system, a handheld narcotics analyzer, the accuracy and reliability of a narcotics lab are available anywhere you go. Narcotics, stimulants, depressants, hallucinogens and analgesics are easily identified using lab -proven Raman spectroscopy. The officer does not have to open any packages containing chemicals, a laser identifies the molecular structure of the chemical through any opaque or clear container, drastically reducing the risk of exposure.. The police department assessed the specific needs of the department to house and utilize a TruNarc chemical identification system. With these specific needs in mind, the police department searched for a chemical identification system that would meet the training needs of the department. The police department identified the Thermo Scientific Portable Analytical Instruments, Inc. TruNarc chemical identification system as the only product on the market capable of meeting the National City Police Department's needs. PROCUREMENT PROCESS AND SOLE SOURCE BASIS: The Police Department is requesting to waive the competitive formal bid requirement pursuant to National City Municipal Code (NCMC) 2.60.220(B). Sole source procurements may be used "when there is only one source from which a particular commodity is available and there is no adequate substitute." In addition, it may be used when "it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need." The Police Department staff recommends the purchase of the TruNarc drug analysis machines from the Thermo Scientific Portable Analytical Instruments, Inc., which will meet the specific needs of the Police Department which are: • Device is lightweight and easy to use; • Immediate results; Eliminates need for backlogged and costly lab processing • Detects compounded and new "designer", bath salts and synthetic drugs; • Can be used in addition to drug testing kit for presumptive testing; • Nonintrusive. The chemical test does not require contact, ideal for officer safety; Page 3 of 3 • Reduces time for Criminal Case Resolutions; • Police K-9 Dog Drug Screeners are very costly compared to the TruNarc chemical identification system. See "Exhibit B". Sole Source Letter from TruNarc drug analysis machines from the Thermo Scientific Portable Analytical Instruments, Inc. functionality. FISCAL IMPACT: The cost of the TruNarc drug analysis machines from the Thermo Scientific Portable Analytical Instruments, Inc., including warrantees, sales tax, and on -site training is $61,896.15. FISCAL Year 2016/2017 Citizen's Option for Public Safety (COPS) program funds which were previously accepted on March 1, 2016 pursuant to City Council resolution # 2016-23. ENVIRONMENTAL IMPACT: Not Applicable BOARD/COMMISSION RECOMMENDATION: Notapplicable. ATTACHMENTS : Attachment B : Sole Source Letter from Thermo Scientific Portable Analytical Instruments, Inc. National City Police Department 1200 National Clfi1 Boulevard National City, CA 91950 (619) 336-4511 /FAX (619) 336-4525 Alm". nlltionolcirypd. org Fisher Scientific Part of Thermo Fisher Scientific To: GYOUNG@NATIONALCITYCA.GOV Date: 07/ 11 /2018 Message: HELLO, YOUR SALES REP, GENO FERRERA, ASKED THAT I SEND YOU THIS UPDATED TRUNARC QUOTE. THANK YOU. Sales Quotation 'Quote Nbr Creation Date Due Date Page 8192-2814-26 07/11/2018 1 of 1 Payment Terms Delivery Terms NET 30 DAYS DEST Valid To Prepared By 11/08/2018 FALCETTONI GINA Customer Reference Sales Representative TRUNARC EUGENIOFERRERA To place an order Ph: 800-226-4732 Fx: 866-897-9946 Submitted To: Customer Account: 073876-001 LT. GRAHAM YOUNG GYOUNG@NATIONALCITYCA.GOV 619-336-4514 NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD NATIONAL CITY CA 91950 ATTN: GYOU NG@NATIONALCITYCA. GOV Fisher Scientific Part of Thermo Fisher Scientific FISHER SAFETY 3970 JOHNS CREEK COURT SUITE 500 SUWANEE GA 30024-1297 Review and Place Order Please note: This link initiates order review / placement through fishersci.com *Please reference this Quote Number on all correspondence. Don't have a profile? Register on fishersci.com For complete Terms and Conditions, please click here. Nbr Qty UN Catalog Number Description Unit Extended Price Price EA 17 720 429 TRUNARC UNLMD WRNTY5YR TRAIN12 28,948.57 28,948.57 Vendor Catalog # 800-01045-01 Na Ma9c Avaaable- Hazardous Material This item is being sold as 1 per each Original Catalog Number 17720429 2 1 EA 17 720 428 TRUNARC UNLMD WRNTY 5 YRS Vendor Catalog # 800-01015-01 N„ VA.., . Hazardous Material This item is being sold as 1 per each Original Catalog Number 17720428 27,005.71 27,005.71 3 2 EA 17 720 422 TRUNARC SOL KIT TYPE H-100 480.86 961.72 Vendor Catalog # 810-01462-01 No 4nx9. AvaileLk. Hazardous Material This item is being sold as 1 per each Original Catalog Number 17720422 MERCHANDISE TOTAL Estimated Sales Tax TOTAL Shipping and handling fees are calculated at the time of shipment NOTES: We now offer highly competitive financing with low monthly payments. Please contact your local sales esentative for more information. Tell us about your recent customer service experience by completing a short survey. This should take no longer than three minutes. Enter the link into your browser and enter the passcode: USA-PGH-CS2 http://survey.medallia.com/fishersci 56,916.00 4,980.15 61,896.15 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), FOR THE POLICE DEPARTMENT'S SOLE SOURCE PURCHASE OF TWO (2) TRUNARC CHEMICAL IDENTIFICATION SYSTEMS, INCLUDING A 5-YEAR WARRANTY FOR EACH DEVICE, FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC., FOR THE NOT TO EXCEED AMOUNT OF $61,896.15 WHEREAS, on March 1, 2016, the City Council of the City of National City adopted Resolution 2016-23 ratifying the acceptance of $100,00.00 in grant money disbursement from the Fiscal Year 2016/2017 Citizen's Option for Public Safety (COPS) program funds; and WHEREAS, the National City Police Department desires to use the COPS grant fund for the purchase of two (2) TruNarc chemical identification ("TruNarc") systems from Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15; and WHEREAS, the TruNarc system is a handheld narcotics analyzer that easily and safely identifies narcotics, stimulants, depressants, hallucinogens and analgesics with a laser that identifies the molecular structure of the chemical through any opaque or clear container, drastically reducing the risk of exposure to City personnel; and WHEREAS, Thermo Scientific Portable Analytical Instruments, Inc., is the sole manufacturer of the TruNarc because the device utilizes the proprietary chemometrics and DecisionEngine 2.0 MX analysis software produce solely by Thermo Scientific Portable Analytical Instruments, Inc., and no other device of this kind on the market can make use of this software as it would be a violation of intellectual property protections held by Thermo Scientific Portable Analytical Instruments, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), for the Police Department's sole source purchase of two (2) TruNarc chemical identification systems, including a 5-year warranty for each machine, from Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15. PASSED and ADOPTED this 24th day of July, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney RESOLUTION NO. 2018 — 136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), FOR THE POLICE DEPARTMENT'S SOLE SOURCE PURCHASE OF TWO (2) TRUNARC CHEMICAL IDENTIFICATION SYSTEMS, INCLUDING A 5-YEAR WARRANTY FOR EACH DEVICE, FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC., FOR THE NOT TO EXCEED AMOUNT OF $61,896.15 WHEREAS, on March 1, 2016, the City Council of the City of National City adopted Resolution 2016-23 ratifying the acceptance of $100,00.00 in grant money disbursement from the Fiscal Year 2016/2017 Citizen's Option for Public Safety (COPS) program funds; and WHEREAS, the National City Police Department desires to use the COPS grant fund for the purchase of two (2) TruNarc chemical identification ("TruNarc") systems from Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15; and WHEREAS, the TruNarc system is a handheld narcotics analyzer that easily and safely identifies narcotics, stimulants, depressants, hallucinogens and analgesics with a laser that identifies the molecular structure of the chemical through any opaque or clear container, drastically reducing the risk of exposure to City personnel; and WHEREAS, Thermo Scientific Portable Analytical Instruments, Inc., is the sole manufacturer of the TruNarc because the device utilizes the proprietary chemometrics and DecisionEngine 2.0 MX analysis software produce solely by Thermo Scientific Portable Analytical Instruments, Inc., and no other device of this kind on the market can make use of this software as it would be a violation of intellectual property protections held by Thermo Scientific Portable Analytical Instruments, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), for the Police Department's sole source purchase of two (2) TruNarc chemical identification systems, including a 5-year warranty for each machine, from Thermo Scientific Portable Analytical Instruments, Inc., for the not to exceed amount of $61,896.15. ATTEST: PASSED and ADOPTED this 24th day of Jul L8 , / n Morrison, Mayor APPROVED AS TO FORM: . 44 Michael R. Ila, City Clerk n,; •r is- o e Attorney Passed and adopted by the Council of the City of National City, California, on July 24, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-136 of the City of National City, California, passed and adopted by the Council of said City on July 24, 2018. City Clerk of the City of National City, California By: Deputy