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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_7/13/2023Agenda Item #18. Regular Council STAFF MEMO Meeting: Regular Council - Jul 13 2023 Staff Contact: James Trube, Fire Chief Department: Fire Consider Acceptance of PBC EMS Grant Funds and to Purchase One (1) Lucas 3 Chest Compression System We are requesting acceptance of the PBC EMS Grant Funds in the amount of $19,266.95 for reimbursement of One (1) Lucas 3 Chest Compression System. Please find the attached Agreement for PBC EMS Grant Funds FY 2022-23 for signature (EXHIBIT A). We are also requesting the approval to move forward with the purchase One (1) Lucas 3 Chest Compression System in an amount of $19,937.44 (Quote # 10576643 attached for reference) for Ladder 85 (EXHIBIT B). By approving this purchase you are approving the recognition of the grant revenues and the increase in appropriations in the Fire Department's budget for the amount of the grant. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: 19,937.44 FUNDING SOURCES: FY 22/23 PBC EMS IS THIS A PIGGYBACK: Grant Funds ❑ Yes 0 N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes N N/A QUOTE 1 - BUSINESS NAME Styker Medical QUOTE AMOUNT 19,937.44 COMMENTS/EXPLANATION ON SELECTIONSole Source Page 499 of 537 Agenda Item #18. Approve request Admin 23-57 Exhibit A - TEQFR 2022-2023 PBC EMS Grant Agreement - Lucas Chest Compression System Exhibit B - Stryker Quote # 10576643 - Lucas 3 Chest Compression System Exhibit C - Stryker - Treatment Sole -Source Letter Page 500 of 537 Agenda Item #18. VILLAGE OF TEQUESTA TEQUESTA FIRE -RESCUE MEMORANDUM FILE NO. Admin. 23-57 DATE: June 28, 2023 TO: Village Manager and Council Members _ FROM: Fire Chief James Trube SUBJECT: Lucas 3 Chest Compression System We are requesting acceptance of the PBC EMS Grant Funds in the amount of $19,266.95 for reimbursement of One (1) Lucas 3 Chest Compression System. Please find the attached Agreement for PBC EMS Grant Funds FY 2022-23 for signature (EXHIBIT A). We are also requesting the approval to move forward with the purchase One (1) Lucas 3 Chest Compression System in an amount of $19,937.44 (Quote # 10576643 attached for reference) for Ladder 85 (EXHIBIT B). By approving this purchase you are approving the recognition of the grant revenues and the increase in appropriations in the Fire Department's budget for the amount of the grant. Page 501 of 537 Agenda Item #18. EXHIBIT A AGREEMENT FOR EMS GRANT FUNDS THIS AGREEMENT ("the Agreement") is made as of the day of , 2023, by and between the Board of County Commissioners, Palm Beach County, a political sub -division of the State of Florida (herein referred to as "COUNTY"), and the Village of Tequesta, a municipal corporation of the State of Florida (herein referred to as "MUNICIPALITY"). WITNESSETH WHEREAS, the Department of Health, Bureau of Emergency Medical Services ("DOHEMS") is authorized by Chapter 401, Part Il, Florida Statutes, to dispense pre -hospital emergency medical services grant funds ("EMS Grant") throughout the State to improve and expand pre -hospital emergency medical services; and WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties each year to be used by each county for its EMS needs including using the EMS Grant funds for reimbursement of expenditures of licensed emergency medical service providers; and WHEREAS, the MUNICIPALITY has requested the COUNTY disburse a portion of the FY2022-2023 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of One (1) Lucas 3 Chest Compression System (together "EMS Equipment"); and WHEREAS, the MUNICIPALITY agrees to accept said reimbursement for EMS Equipment under the terms and conditions of the EMS Grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and MUNICIPALITY agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. ARTICLE 2 — REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be Ronnie Heen, whose telephone number is 561-712-6484. The MUNICIPALITY representative/contact monitor during the terra of the Agreement shall be James Trube whose telephone number is 561-768-0550. ARTICLE 3 — REIMBURSEMENT OF MUNICIPALITY The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS Equipment from the COUNTY' S FY2022-2023 EMS Grant funds in an amount not to exceed Nineteen thousand two hundred sixty six dollars and ninety five cents ($19,266.95). The MUNICIPALITY shall purchase the EMS Equipment and submit the required purchase Page 1 of 6 Page 502 of 537 Agenda Item #18. documentation for reimbursement as detailed in Article 4. Approved documentation will be processed by the County Finance Department for payment to the MUNICIPALITY. ARTICLE 4 — GRANT PROGRAM REQUIREMENTS MUNICIPALITY SHALL: A. Comply with general requirements of COUNTY and the conditions of the EMS Grant. B. Submit to the COUNTY Representative on or before December 29, 2023 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that EMS Equipment was purchased by the MUNICIPALITY. The County's Public Safety Department Director may extend this deadline, subject to any requirements of the EMS Grant. C. Immediately return the purchased EMS Equipment to the COUNTY should the MUNICIPALITY cease to operate its pre -hospital emergency medical services during the life of the EMS Equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained in use and operation of the EMS Equipment if applicable, by December 29, 2023. The County's Public Safety Department Director may extend this deadline, subject to any requirements of the EMS Grant. This report shall include all of the necessary training provided for the EMS Equipment. It is the responsibility of the MUNICIPALITY purchasing the EMS Equipment to provide the training. The MUNICIPALITY'S failure to satisfactorily complete the training in the timeframe provided shall constitute a material breach of Agreement. As such, COUNTY may terminate this Agreement and demand return of the EMS Equipment. ARTICLE 5 — LIABILITY Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and solely within the limits established by Section 768.28, Florida Statutes, the MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims demands, costs or damages arising out of the MUNICIPALITY'S use, care and/or maintenance of the EMS Equipment. This provision does not constitute consent of either party to be sued by third parties and is not to be construed as a waiver of either party's sovereign immunity. ARTICLE 6 — AVAILABILITY OF FUNDS The COUNTY'S performance and obligation under this Agreement, including to reimburse the MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation for the purposes hereunder and the availability of FY2022-2023 EMS Grant funds. Ongoing costs for EMS Equipment including, but not limited to, operation, use, maintenance and replacement, is the responsibility of the MUNICIPALITY and will not be funded under this Agreement or the EMS Grant program. ARTICLE 7 — REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to Page 2 of 6 Page 503 of 537 Agenda Item #18. enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or the MUNICIPALITY. ARTICLE S — ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 9 — ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 10 —NONDISCRIMINATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the MUNICIPALITY warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. ARTICLE I I- AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre -hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. Page 3 of 6 Page 504 of 537 Agenda Item #18. ARTICLE 12 — SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 13 — NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Ronnie Heen, Emergency Program Coordinator 20 South Military Trail WPB, FL 33415 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6th Floor West Palm Beach, Florida 33401 If sent to the MUNICIPALITY, notices shall be addressed to: James Trube, Fire Chief 357 Tequesta Dr. Tequesta, FL 33469 ARTICLE 14 — INSURANCE Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (the "Statute"), the MUNICIPALITY represents that it is self -insured with coverage subject to the limitations of the Statute, as may be amended. If MUNICIPALITY is not self -insured, MUNICIPALITY shall, at its sole expense, purchase and maintain in full force and effect at all times during the life of this Agreement, insurance coverage at limits not less than those contained in the Statute. Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self -insured for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should MUNICIPALITY contract with a third -party (Contractor) to perform any service related to the Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum insurance: • Commercial General Liability insurance with minimum limits of $1,000,000 combined single limit for property damage and bodily injury per occurrence and S2,000,000 per aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as Additional Insureds. MUNICIPALITY shall also require that the Contractor include a Waiver Page 4 of 6 Page 505 of 537 Agenda Item #18. of Subrogation against COUNTY. • Business Automobile Liability insurance with minimum limits of $1,000,000 combined single limits for property damage and bodily injury per occurrence. • Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and which shall include coverage for Employer's Liability with minimum limits of $1,000,000 each accident. When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 15 — ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16 — EXPIRATION OF AGREEMENT This Agreement shall automatically expire in five (5) years from the effective date or upon the expiration of the life of the EMS Equipment, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the MUNICIPALITY may dispose of said EMS Equipment as surplus property with no further municipal purpose. ARTICLE 17 — EFFECTIVE DATE This Agreement shall become effective upon execution by both the COUNTY and the MUNICIPALITY. ARTICLE 18 — E-VERIFY - EMPLOYMENT ELIGIBILITY Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. Each party has registered with and uses, and shall continue to use, the E-Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If either party has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. ARTICLE 19 — PUBLIC RECORDS Both parties shall comply with Florida's public records laws. THE REMAINDER OF THIS PAGE IS INTENTIONALL Y LEFT BLANK Page 5 of 6 Page 506 of 537 Agenda Item #18. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and MUNICIPALITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS BY ITS COUNTY ADMINISTRATOR an Verdenia C. Baker County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Lo Asst. County Attorney APPROVED AS TO TERMS AND CONDITIONS Department Director VILLAGE OF TEQUESTA Municipality Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY Municipality Attorney APPROVED AS TO TERMS AND CONDITIONS Page 6 of 6 Municipality Representative Page 507 of 537 Agenstryk6r da Item #18. EXHIBIT B LUCAS 3.1 Quote Number: 10576643 Version: 1 Prepared For: TEQUESTA FIRE RESCUE Attn: Quote Date: 06/26/2023 Expiration Date: 09/24/2023 Remit to: Stryker Medical P.O. Box 93308 Chicago, IL 60673-3308 Rep: Amy Wood Email: amywood@stryker.com Phone Number: (561) 906-5429 Mobile: (561) 906-5429 Delivery Address End User - Shipping - Billing Bill To Account Name: TEQUESTA FIRE RESCUE Name: TEQUESTA FIRE RESCUE Name: TEQUESTA FIRE RESCUE -- — ------ ----- Account #: 1291612 Account #: 1291612 Account #: 1291612 Address: 357 TEQUESTA DR Address: 357 TEQUESTA DR Address: 357 TEQUESTA DR TEQUESTA TEQUESTA TEQUESTA Florida 33469-3088 Florida 33469-3088 Florida 33469-3088 Equipment Products: # Product Description 1.0 99576-000063 LUCAS 3, v3.1 Chest Compression System, Includes Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device 2.0 11576-000060 LUCAS Desk To Battery Charger .— --- ------- 3.0 11576-000080 LUCAS 3 Battery - Dark Grey - Rechargeable LiPo ---------- QtY Sell Price Total $18,035.52 $18,035.52 1 $1,010.75 $1,010.75 1 $601.25 $601.25 Equipment Total: $19,647.52 Price Totals: Estimated Sales Tax (0.000%): $0.00 Freight/Shipping: $289.92 Grand Total: $19,937.44 Prices: In effect for 30 days Terms: Net 30 Days Contact your local Sales Representative for more information about our flexible payment options. I Stryker Medical - Accounts Receivable - accountsreceivable(a)strvker.com - PO BOX 93308 - Chicago, IL 60673-3308 Page 508 of 537 Agenda Item #18. Capital Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https://techweb.st[yker.com/ Terms Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strVkeremergencycare.com/terms. Page 509 of 537 EXHIBIT C Agenda Item #18. Stryker August 2022 Stryker is the sole -source provider in the Hospital (hospitals and hospital -owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets in the U.S. and Canada for the following products: • New LIFEPAK®15 monitor/defibrillators • New LIFEPAK 20e defibrillator/monitors • New LIFEPAK CR2 automated external defibrillators • New LIFEPAK 1000 automated external defibrillators • New LUCAS® chest compression system • TrueCPR® coaching devices • CODE-STATT" data review software and service Stryker is the sole -source provider in all markets for the following products and services: • RELITM (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET® system and related software • Factory -authorized inspection and repair services which include repair parts, upgrades, inspections and repairs • HealthEMS® Software • HomeSolutions.net® Software • ACLS (non -clinical) LIFEPAK defibrillator/monitors • Heart Safe Solutionsm Government Campus Solution • MultiTech 4G and Titan III gateways Stryker is also the sole -source distributor of the following products for EMS customers in the U.S. and Canadian markets: • McGRATHT"' MAC EMS video laryngoscope Stryker does not authorize any third parties to sell these products or services in the markets listed above. We will not fulfill orders placed by non -authorized businesses seeking to resell our products or services. If you have questions, please feel free to contact your local Stryker customer service representative at 800.442.1142. Sincerely, Matt Van Der Wende, Senior Director, Americas Sales Copyright © 2021 Stryker GDR 3321967_N Stryker or its affiliated entities own, use, or have applied for the following trademarks or services marks: LIFEPAK, LUCAS, TrueCPR, CODE-STAT, RELI, LIFENET, HealthEMS, HomeSolutions.net, Heart Safe Solution, Stryker. All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or service name, or logo from this list does not constitute a waiver of Stryker's trademark or other intellectual property rights concerning that name or logo. Eme, y Cary 11811 Willows Road NE, Redmond, WA 98052 USA I P +1 425 867 4000 1 Toll -free +1 800 442 1142 1 stryker.com Page 510 of 537