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AGENDA BILL Agenda Item No. 5(C) Date: December 3, 2013 To: El Cerrito City Council From: Lance Maples, Fire Chief Subject: Federal Emergency Management Grant for the Purchase of Automatic Cardiac Compression Devices ACTION REQUESTED Staff requests that the City Council adopt a resolution taking the following actions: 1) Authorize the participation of the Fire Department in a Federal Emergency Management Agency (FEMA) grant for the purchase of three automatic cardiac compression devices (ACCD). 2) Approve the use of $7,205 in matching funds which will come from the Fire Department budget; and 3) Authorize payment of $7,205 to purchase three ACCD’s from Physio- Control, Inc. BACKGROUND On January 20, 2009, the El Cerrito Fire Department (ECFD) placed an automatic chest compression device on Engine 71. This device was provided by the Contra Costa County Emergency Medical Services (CCC EMS) as part of a nationwide study to evaluate field effectiveness. Engine 71 was selected by CCC EMS based on data that indicated a high number of cardiac arrest cases in Contra Costa County had occurred in Engine 71’s response area. Prior to implementation, all El Cerrito Fire Department (ECFD) personnel received training and became certified to operate the ACCD. During the evaluation period of the study, ECFD personnel utilized the ACCD on several cardiac arrest patients. One of those incidents occurred on February 2, 2010, when a 16-year old El Cerrito High School basketball player, who had just been removed from the game, sat down to rest on the bench, collapsed and went into cardiac arrest. The shocked crowd witnessed ECFD paramedics utilizing both basic and advanced life support equipment, including the ACCD to save this young man. There is no doubt in the minds of those that responded to this incident that had such a device not been timely and effectively utilized, the outcome may not have been so positive. As a result of employing this device, the young man not only survived, but has recovered with no physical or neurological damage resulting from his cardiac arrest. ---PAGE BREAK--- Agenda Item No. 5(C) Page 2 ANALYSIS During the evaluation process of the nationwide study, ECFD concluded that there was an application for ACCDs on all engines. Moreover, as part of the ACCD evaluation, CCC EMS shared the statistical results of the evaluation process with participating agencies. The results are as follows: • For all cardiac arrests, Return of Spontaneous Circulation (ROSC) was 25% with manual compressions and 34% with the ACCD. • For witnessed arrest, ROSC increased from 37% to 48%. • For those patients who met Utstein criteria (patients who had a witness arrest and were in ventricular fibrillation) ROSC increased by 15%, from 54% to 69%. • In 2010, from January 1 to September 13, survival to discharge statistics showed significant improvement. Of the forty-nine patients where an ACCD was used seven were discharged home for a 14.3% survival rate. • Of the Utstein patients survival to discharge was 40% with the ACCD and 10.2% with manual compressions. Studies have proven that the use of ACCDs is safe, effective and highly reliable. ACCDs are designed to ensure effective, quality compressions, minimize pauses during CPR so compressions can continue while other procedures such as defibrillation are being done, and provide an added level of safety for ECFD when it is not performing manual CPR during transport. On average, the ECFD responds to and treats fourteen cardiac arrest patients with cardiac etiology per year. The benefits provided by the purchase and use of ACCDs will also be shared by the members of ECFD, automatic-aid communities and mutual-aid communities. Based on the attached July 10, 2013 letter from Contra Costa County EMS Medical Director Dr. Joseph Barger, in which he states the minimal requirements for automatic chest compression devices, staff is recommending the purchase of “LUCAS” brand devices that meet these requirements. LUCAS devices are only available through Physio-Control, Inc., and therefore staff is recommending this as a sole-source purchase. Staff has secured a quote (Attachment 3) and is confident that these prices are appropriate. Because of the FEMA grant timeline, staff has also confirmed that this quote is good through the end of the calendar year. FINANCIAL CONSIDERATIONS The total purchase price for the three automatic chest compression devices and associated supplemental equipment is $72,041.96. A 10% match of local agency funds is required for the City to participate in the purchase. Matching funds totaling $7,205 will be paid by utilizing current budgeted funds approved in the adopted Fiscal Year 2013-14 budget. ---PAGE BREAK--- Agenda Item No. 5(C) LEGAL CONSIDERATIONS As previously discussed, the purchase of these ACCDs are recommended to be sole- sourced, consistent with applicable state law and the City's procurement policy. Approval of this action will ensure that the purchasing process is completed within the time frame required by FEMA. Reviewed by: ren Pinkos, Assistant City Manager Attachments: 1. Proposed Resolution 2. July 10, 2013 Letter from Dr. Barger 3. Physio-Control Invoice Page 3 ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 RESOLUTION 2013–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE PARTICIPATION IN A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT AND APPROVING THE USE OF $7,205 COMPRISING A 10% FUND MATCH FOR THE $72,041.96 PURCHASE OF AUTOMATIC CHEST COMPRESSION DEVICES (ACCD) AND ASSOCIATED EQUIPMENT FROM PHYSIO-CONTROL, INC. WHEREAS, since 2009, the El Cerrito Fire Department has been using an ACCD received by Contra Costa County Emergency Medical Services for its participation in a nationwide survey; data indicates positive results; and WHEREAS, the City Council recognizes the need to expand the use of ACCDs by placing these devices on all front line fire apparatus covering all response areas; and WHEREAS, the Fire Department secured a FEMA Grant for $65,338; and WHEREAS, the cost for the ACCDs totals $72,041.96 of which the City is required to contribute 10% in matching funds; and WHEREAS, matching funds of $7,205 were approved in the adopted FY 2013-14 Fire Department budget. NOW THEREFORE BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City’s participation in a FEMA grant and approves the use of $7,205 in matching funds from the Fire Department medical budget for the purchase of three ACCDs and associated equipment from Physio- Control, Inc. BE IT FURTHER RESOLVED that the Fire Department is authorized to proceed with the sole- source purchase of this equipment from Physio-Control, Inc. due to its unique nature as allowed under the City’s purchasing guidelines. I CERTIFY that at the regular meeting on December 3, 2013, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on December X, 2013. Cheryl Morse, City Clerk APPROVED: Gregory B. Lyman, Mayor ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 2 ---PAGE BREAK--- Line Catalog # / Description Qty Price Unit Disc Unit Price Ext Total Trade-In Quote#: Rev#: 1-268679501 1 Quote Date: Sales Consultant: Jennifer Hughes FOB: Terms: Redmond, WA None 07/16/2013 Exp Date: Contract: [PHONE REDACTED] x 72436 Physio-Control, Inc. 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U.S.A www.physio-control.com tel [PHONE REDACTED] fax [PHONE REDACTED] To: Chief Dave Gibson El Cerrito Fire Department 10900 San Pablo Ave EL CERRITO, CA 94530 Phone: (510) 527-6875 [EMAIL REDACTED] 10/14/2013 All quotes subject to credit approval and the following terms & conditions 1 99576-000024 - LUCAS 2, 2.1 Chest Compression System 3 Includes LUCAS 2 unit with Back Plate, Carrying Bag, Two Patient Straps, Stabilization Strap, 3 Suction Cups, 1 Rechargeable Battery and Instructions for Use. One year warranty. $0.00 $14,495.00 $14,495.00 $43,485.00 $0.00 2 11576-000060 - LUCAS 2 BATTERY CHARGER,MAINS PLUG,US-CAN-JP 3 $155.10 $1,034.00 $878.90 $2,636.70 $0.00 3 11576-000040 - LUCAS 2 BATTERY 4-PACK 1 $351.45 $2,343.00 $1,991.55 $1,991.55 $0.00 4 11576-000055 - LUCAS 2 POWER SUPPLY WITH CORD,REDEL,US 3 $49.35 $329.00 $279.65 $838.95 $0.00 5 11576-000048 - LUCAS 2 CAR CABLE 12V 3 $18.30 $122.00 $103.70 $311.10 $0.00 6 11576-000037 - LUCAS STABILIZATION STRAP YELLOW 4-PACK 1 $49.35 $329.00 $279.65 $279.65 $0.00 7 11576-000051 - LUCAS PATIENT STRAPS PAIR 3-PACK 1 $37.35 $249.00 $211.65 $211.65 $0.00 8 11576-000038 - LUCAS 2 CARRYING BAG 1 $45.30 $302.00 $256.70 $256.70 $0.00 9 11576-000047 - LUCAS 2 SUCTION CUP DISPOSABLE 12-PACK 1 $70.80 $472.00 $401.20 $401.20 $0.00 10 11576-000070 - LUCAS 2 BUMPER, PAIR 3 $5.40 $36.00 $30.60 $91.80 $0.00 11 LUONS-R&I4 - LUCAS 2 Point of Sale Service Agreement - 4 Yr 3 On Site, Repair and Inspect. Contracts with 4 and 5 year terms must be paid in full up front. $0.00 $5,146.00 $5,146.00 $15,438.00 $0.00 12 50999-000117 - ZONE TRAVEL CHARGE: ZONE 1 4 $0.00 $0.00 $0.00 $0.00 $0.00 1 Agenda Item No. 5(C) Attachment 3 ---PAGE BREAK--- Quote Products (continued) AC: Line Catalog # / Description Qty Price Unit Disc Unit Price Ext Total Trade-In Quote#: Rev#: 1-268679501 1 Quote Date: 07/16/2013 GRAND TOTAL $72,041.96 ESTIMATED TAX ESTIMATED SHIPPING & HANDLING $6,099.66 $0.00 SUB TOTAL $65,942.30 Pricing Summary Totals List Price: $67,181.00 Cash Discounts: - $1,238.70 Tax + S&H: + $6,099.66 $72,041.96 GRAND TOTAL FOR THIS QUOTE Notes: Ref. Code: JS/14031301/1-28C7X3 PHYSIO-CONTROL, INC. REQUIRES WRITTEN VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE APPLICABLE FREIGHT AND TAXES.THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE WITH THE TERMS AND PRICES DENOTED HEREIN. SIGN TO THE RIGHT: CUSTOMER APPROVAL (AUTHORIZED SIGNATURE) NAME TITLE DATE TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # [PHONE REDACTED], ATTN: REP SUPPORT Taxes, shipping and handling fees are estimates only and are subject to change at the time of order. Shipping and handling applies to ground transport only. Physio-Control will assess a $10 handling fee on any order less than $200.00. Above pricing valid only if all items in quote are purchased (optional items not required). To receive a trade-in credit, Buyer agrees to return the trade-in device(s) within 30 days of receipt of the replacement device(s) to Physio- Control’s place of business or to an authorized Physio-Control representative. Physio-Control will provide instructions for returning the device(s) and will pay for the associated shipping cost. In the event that trade-in device(s) are not received by Physio-Control within the 30-day window, Buyer acknowledges that this quote shall constitute a purchase order and agrees to be invoiced for the amount of the trade-in discount. Invoice shall be payable upon receipt. Items listed above at no change are included as part of a package discount that involves the purchase of a bundle of items. Buyer is solely responsible for appropriately allocating the discount extended on the bundle when fulfilling any reporting obligations it might have. If Buyer is ordering service, Buyer affirms reading and accepts the terms of the Physio-Control, Inc. Technical Service Support Agreement which is available from your sales representative or http://www.physio-control.com/uploadedFiles/products/service- plans/TechnicalServiceAgreement.pdf 2 ---PAGE BREAK--- Physio-Control, Inc.'s acceptance of the Buyer's order is expressly conditioned on product availability and the Buyer's assent to the terms set forth in this document and its attachments. Physio-Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on these terms, and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase order or on other documents submitted to Physio-Control, Inc. by the Buyer. These terms may only be revised or amended by a written agreement signed by an authorized representative of both parties. TERMS OF SALE General Terms Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio-Control, Inc. standard prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio- Control, Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio- Control, Inc. Tax Department P.O. Box 97006, Redmond, Washington 98073-9706. Unless otherwise indicated in this document or otherwise confirmed by Physio-Control, Inc. in writing, payment for goods and services supplied by Physio-Control, Inc. shall be subject to the following terms: • Domestic (USA) Sales - Upon approval of credit by Physio-Control, Inc., 100% of invoice due thirty (30) days after invoice date. • International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit. Physio-Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Payment Delivery Unless otherwise indicated in this document, delivery shall be FOB Physio-Control, Inc. point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physio-Control, Inc. will obtain transportation on the Buyer’s behalf and for the Buyer's account. Delays Delivery dates are approximate. Physio-Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non- delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes, the requirements of any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio- Control, Inc. inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control, Inc. and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyer’s authority and assistance, Physio-Control, Inc. agrees to defend, indemnify and hold the Buyer harmless against any claim that the Physio-Control, Inc. products covered by this document directly infringe any United States of America patent. Inspections and Returns Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio- Control, Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio- Control, Inc. prior approval is required before the return of any goods to Physio-Control, Inc. Physio-Control, Inc. reserves the right to charge a 15% restocking fee for returns. The Physio-Control Returned Product Policy is located at http://www.physio-control.com/uploadedFiles/support/ReturnPolicy_3308529_A.pdf. Warranty Physio-Control, Inc. warrants its products in accordance with the terms of the standard Physio-Control, Inc. product warranty applicable to the product to be supplied. Physio-Control, Inc. warrants services and replacement parts provided in performing such services against defects in accordance with the terms of the Physio-Control, Inc. service warranty set forth in the Technical Service Support Agreement. The remedies provided under such warranties shall be the Buyer’s sole and exclusive remedies. Physio-Control, Inc. makes no other warranties, express or implied, Including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Miscellaneous a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through the purchase of Physio-Control, Inc. products, the Buyer does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products, and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c) The rights and obligations of Physio-Control, Inc. and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Washington, United States of America. All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document, including reasonable attorneys fees, shall be reimbursed by the other party. Service Terms All device service will be governed by the Physio-Control, Inc. Technical Services Support Agreement which is available from your sales representative or http://www.physio-control.com/uploadedFiles/products/service-plans/TechnicalServiceAgreement.pdf. All devices that are not under Physio-Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. If Buyer is ordering service, Buyer affirms reading and accepts the terms of the Technical Service Support Agreement. 3