HomeMy WebLinkAboutCC Resolution 14379 (Purchase 21 Cardiac Monitors)RESOLUTION NO. 14379
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
PURCHASE OF 21 CARDIAC MONITORS FROM PHYSIO -CONTROL, INC. IN AN
AMOUNT NOT TO EXCEED $450,000
WHEREAS, the San Rafael Fire Department currently is equipped with 21 cardiac
monitors, 14 of which have reached their intended service life; and
WHEREAS, advances in technology in the last several years have resulted in
expanded capabilities in modern cardiac monitors; and
WHEREAS, the City of San Jose competitively awarded a Request for Bid (RFB) to
Physio -Control, Inc. and is allowing other public agencies to purchase under this bid; and
WHEREAS, on July 28, 2017 the Fire Department received a proposal from Physio -
Control, Inc. for the purchase of 21 cardiac monitors to replace existing monitors; and
WHEREAS, staff has reviewed the proposal from Physio -Control, Inc. and found it
to be complete and within industry standards.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby approves the appropriation of $450,000 from the Fire Equipment Replacement Fund
and authorizes the City Manager to execute a purchasing agreement with Physio -Control, Inc. for 21
cardiac monitors, in the form attached hereto as Exhibit "1" and incorporated herein by reference,
subject to final approval as to form by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 21St day of August 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
0L5 -'&W M
ESTHER C. BEIRNE, City Clerk
To SAN RAFAEL FD
Attn: Jason Hatfield
1039 C ST
SAN RAFAEL,CA 94901
4154853144
jason.hatfield(a)ci.san-rafael.ca.us
Contract State of CA
Physio -Control, Inc
11811 Willows Road NE
P.O. Box 97006
Redmond, WA 98073-9706 U.S.A.
www.physio-control.com
tel 800.442.1142
Sales Order fax 800.732.0956
Service Plan fax 800.772.3340
Quote Number
00089224
Revision #
1
Created Date
7/28/2017
Sales Consultant
Jennifer Hughes
11171-000049
(415) 595-7532
FOB
Destination
Terms
All quotes subject to credit approval and the
11260-000039
following terms and conditions
NET Terms
NET 45
Expiration Date 8/31/2017
11160-000011
NIBP Cuff -Reusable, Infant
11160-000013
NIBP Cuff -Reusable, Child
11160-000017
NIBP CUFF-REUSEABLE, LARGE ADULT, BAYONET
11160-000019
NIBP Cuff -Reusable Adult X large
11171-000049
Rainbow DCI Adt Reusable Sensor, 1/box
11171-000065
M-LNCS DB1, Soft Sensor
11220-000028
Carry case top pouch for use w/LIFEPAK 12 or LIFEPAK 15
11260-000039
LIFEPAK 15 Carry case back pouch
462.00
LIFEPAK 15 Basic carry case w/ right & left pouches. INCLUDED AT
11577-000002
NO CHARGE WHEN ORDERED WITH DEVICE: 11577-000001
-10.50
Shoulder Strap
11577-000004
Station Battery Charger - For the LP15
12,285.00
CODE -STAT 10 Data Review Seat
11600-000022
Includes 1 CODE -STAT Data Review Software Version 10.0 and
900.45
implementation support.
28.00
CODE -STAT Maintenance Subscription (3 Years)
11600-000024
Includes ongoing training and support, and upgrades and updates as
945.00
available. Begins in Year 1.
11996-000093
Electrode EDGE QUIK-COMBO pediatric RTS
11996-000311
QUIK-COMBO 12 -lead Patient Simulator
11996-000359
Temp Sensor, Skin Probe, High Dielectric, Disp (box of 20)
11996-000360
Temp Sensor, Esophageal -Rectal, 9FR, Disp (box of 20)
21330-001176
LP 15 Lithium -ion Battery 5.7 amp hrs
21996-000073
Ositech TITAN II WIRELESS GATEWAY
Quote Number: 00089224
28.00
21.00
-6.75
14.25
399.00
1.00
915.00
-291.00
624.00
624.00
1.00
146.00
28.00
24.00
-7.50
16.50
462.00
-20.28
28.00
33.00
-10.50
22.50
630.00
292.50
12,285.00
10.00
1,035.00
-134.55
900.45
9,004.50
28.00
48.00
-14.25
33.75
945.00
14.00
640.00
-83.20
556.80
7,795.20
14.00
335.00
-43.55
291.45
4,080.30
15.00
57.00
-7.41
49.59
743.85
15.00
82.00
-10.66
71.34
1,070.10
15.00
320.00
-41.60
278.40
4,176.00
7.00
1,860.00
-705.00
1,155.00
8,085.00
1.00
2,705.00
-351.65
2,353.35
2,353.35
1.00 1,625.00 0.00 1,625.00 1,625.00
28.00
46.00
-5.98
40.02
1,120.56
1.00
915.00
-291.00
624.00
624.00
1.00
146.00
-18.98
127.02
127.02
1.00
156.00
-20.28
135.72
135.72
42.00
469.00
-176.50
292.50
12,285.00
10.00
1,035.00
-134.55
900.45
9,004.50
21996-000093 Titan II - WiFi & Cellular Gateway (AT&T, Verizon, Intl GSM. May be
purchased with Verizon data plan to be provided by Physio Control.)
LIFEPAK 1000 (Kit 45)
ECG Display, Standard Setup w/carry case, battery & electrodes
Included at No Charge:
41425-000034-Sh ipKit
11425 -000012 -Strap for Carrying Case
99425-000025 11141 -000156 -Battery
11996-000017-QUIK-COMBO REDI-PAK electrodes (2 pair per unit)
11111-000016-3 Wire Monitoring Cable
11425 -000001 -Accessory Pouch
11100-000001-LIFEPATCH ECG ELECTRODES (3 per package)
26500 -003457 -Operating Instructions
LIFEPAK 15 V4
Monitor/Defib, Adaptive Biphasic, Manual & AED, Color LCD,
100mm Printer, Noninvasive Pacing, Metronome, Trending, SpO2,
NIBP, 12 -Lead ECG, EtCO2, Carbon Monoxide, Bluetooth, Temp
99577-001958 INCLUDED AT NO CHARGE: 2 PAIR QUIK-COMBO ELECTRODES
PER UNIT - 11996-000091, TEST LOAD - 21330-001365,
N -SERVICE DVD - 21330-001486 (one per order) , SERVICE
MANUAL CD- 26500-003612 (one per order) and ShipKit- (RC
Cable) 41577-000290 INCLUDED. HARD PADDLES, BATTERIES,
CARRYING CASE NOT INCLUDED.
Trade-in Trade in of Zoll AED Pro towards the purchase of CR+/LP1000
product
Trade-in
Trade in of Zoll E -Series towards the purchase of Lifepak 15
product
Trade-in Trade in of Zoll M -Series Biphasic towards the purchase of Lifepak
product 15
Trade-in
Trade in of Zoll X -Series towards the purchase of Lifepak 15
product
Quote Number: 00089224
4.00 1,615.00 -209.95 1,405.05 5,620.20
7.00 3,355.00 -1,171.00 2,184.00 15,288.00
14.00 36,272.00 -8,636.00 27,636.00 386,904.00
7.00 I 0.00 0.00 -300.00 -2,100.00
4.00 0.00 0.00 -4,000.00 -16,000.00
7.00I 0.00 0.00 -2,500.00 -17,500.00
3.00
Subtotal
Estimated Tax
Estimated Shipping & Handling
0.00 0.00 -5,000.00 -15,000.00
USD 412,873.80
USD 36,800.59
USD 0.00
Tax will be calculated at time of invoice and is based on the Ship To location where product will be shipped.
Grand Total
List Price Total
Total Contract Discounts Amount
Total Discount
Trade In Discounts
Tax + S&H
USD 449,674.39
Pricing Summary Totals
USD 611,719.00
USD -142,832.00
USD -5,413.20
USD -50,600.00
USD 36,800.59
GRAND TOTAL FOR THIS QUOTE
USD 449,674.39
Please Select One:
MY COMPANY USES A PO SYSTEM -please acknowledge the following:
On all orders $5,000 or greater before applicable freight and taxes, a hard copy purchase order, referencing the quote number, is
required. (If under $5,000, a purchase order number is sufficient. Please provide purchase order # here )
1-1 MY COMPANY DOES NOT USE A PO SYSTEM -section below must be completed prior to order submission.
BILLING ADDRESS
Address
City State
Zip Code
A/P Email
Phone
Signature Required for Non -PO using:
Physio -Control Inc. Requires Written Verification Of This Order.
The Undersigned is Authorized To Place This Order in Accordance
With The Terms and Prices Denoted Herein.
AUTHORIZED SIGNATURE
NAME
TITLE
DATE
SHIPPING ADDRESS
Address
City State
Zip Code
A/P Email
Phone
❑Please Check Applicable Tax Status:
We are a Tax Exempt Entity (Tax Exempt Certificate Must Be
Provided)
We are Taxable Entity (Applicable Tax will be Applied at
Time of Invoice)
To add or modify account information fill out the form found on the hyperlink provided.
httD://WWW.Dhvsio-control.com/account
Reference Number JH/03825101/117263
Quote Number: 00089224
General Tenn aforalI Prod ucts. Servi ces an d Subs,s cniDtiona.
Physic -Control. Inc. ("Physio') accepts Buyer, order expressly conditioned on Buyer', assent to the terms set forth in this
document. Buyer, orderand acceptance of any portion ofthe goods, services orsubscriptionsshall confirm Buyer's acceptanceof
these terms. Unless specified otherwise herein, theseterms constitutethe complete agreement between the parties Amendments
to this document shall be in writing and no prior or subsequent acceptance by Seller of any purchase order, adxnowtedgment, or
other documentfro m Buyer s p ecifyi ng different an Wor ad ditional terms shall be effective unless signed by both parties.
Pricing. Prices do not indLid e freight insurance, freight forwarding fees, taxes, dub es, import or export permit fees, or any other
s i mil ar ch arg e of any kind applicableto the goods and services. Sales or use taxes on domestic (U SA) ddiv eries will be invoiced in
addition to the price of the goods and services unless Physio receives a copy of a valid exemption certificate prior to delivery.
Discounts may not be combinedwith others pecialterms, discounts, andlorpromotiors.
Payment. Paymentforgoods and services shall besubjectto approval of credit by Physio. Unless otherwisespecified by Physio in
writing, the entire payment of an invoice is due thirty (34) days after the invoice date for deliveries in the USA, and sight draft or
acceptable (oonFi rm ed) i rrevocabl e I after of credit is requi red fors ales outs ide th e U SA.
Min iruumOrderQuantity. Phys iores eryes; theriglttochargeasery ice fee forany orderIessthanS2oO.00.
Patent Indemnity. Physio shall indemnify Buyer and hold it harmless from and against all demands, daims, damages, losses, and
expenses, arising out of or resulting, from arty action by a third party against Buyer that is based on arty claim that the services
infringe a United States patent, copyright, or trademark, or violate a trade secret or any other proprietary right of any person or
entity. p yg= indemnification obligations hereunder will be subject to (i) receiving promptwritten notice ofthe existence of any
claim; (i) being able to, at its option, control the defense and settlement ofsuch claim (provided that, without obtaining the prior
vfritten consent of Buyer, Physio Wil enter into no settlement involving the admission of wrongdoing); and [ii) receiving full
cooperation of Buyer i n the defers eof any claim.
Limitation of Interest. Through the purchase of Physio products, services, or subscriptions, Buyerdoes not acquire any interest in
any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information rdated to said
products or services, and Buyer expressly agrees not to reverse engineer or decompile such products or related software and
information.
Delays. Physio will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance
resulting from an event beyond its reasonable control, induding but not limited to, acts of God; labor disputes; the requirements of
any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining arty required license or permit, and
Physio inabilityto obtain goods from its usual sources.
Limited Warranty. Physio warrants its products and services in accordance with the terms of the limited vvarrantiF--, located at
httD:iA•r.•rv. sio-control comi6ocumentsi The remedies provided under such warranties shall be Buyer, sole and exdusive
remedies. sio makes no other warranties, express or implied, inducting, without limitation, NO WARRANTY OF
MERCHANTABILITY OR F17NESS FOR A PARTICULAR PURPOSE, AND IN INC) EVENT SHALL PHYSIO BE LIABLE FOR
INCIDENTAL.CONSEQUENT IAL SPEC L4LOROTHERDAMAGES.
Compliance with Confidentiality Lava. Both parties acknowledge their respective obligations to maintain the security and
confidentiality ofindiwidually identifiable health information and agreeto comply with applicable federal and statehealth information
confidentiality laws.
Compliance with Law. The parties agree to comply with any and all laws; ries, regulations, licensing req Li rem ents or standards
that are now or hereafter promulgatad by any local, state, and federal governmental authority)agency or accreditinglad m inistrativ e
bodythat governs orappliesto their respective duties and obligations hereunder.
Regulatory Requirernent for Access to Information. In the event 42 USG § 1395rc(v)(1 )(1) is applicable, Physio shall make
available to the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United
States General Ac ousting Office, or any of their duty authorized representatives, a copy of these terms, such books, documents
and records as are necessaryto certify the nature and extent ofthe costs ofthe products an dservices provided by Physio.
No loetrarrnent. Physio represents and warrants that it and its directors, ofbcers, and employees () are not exdLid ed, debarred. or
otherwise ineligible to participate in the Federal health care programs as defined in 42 USG § 1324a-7b(f}; (i) have not been
convicted of a criminal offense related to the provision of healthcare items or services; and (ii) are not under investigation which
may result in Physio being exdudedfro m participation insLich programs.
Choice of Law. The rights and obligations of Physio and Buyer related to the purchase and sale of products and services
described in this document -shall be governed by the laws ofthe -state where Buyer is located. Al costs and expenses incurred by
the prevailing party related to enforcement of its rights under this document, inducting reasonable attomey5 fees, shall be
reimbursed bythe other party.
Add itionalTerm aforPu �chaseaPd Sale of Products.
In additionto th e G enera� Terms above, the fo Ilc,•ving terms ap plyto all p u rohases of produ ctsfrom Physio
Delivery. Unless otherwise specified by Physio in exiting, delivery shall be F0 Physio point of shipment and title and risk of loss
shall pass to Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in
ac=rd ancewith th e p aym ent terms. In the abs ence ofsh ipping instructions from Buyer, Physio will obtain transportation on Buyers
behalf and for Buyers account. Delivery dates are approoximate. Freight is pre -paid and added to Buyer, invoice Products are
subjectto availability.
Inspections and Returns. Within 30 days of receipt of a shipment. Buyershall notify Physio of any claim for product damage or
nonconformity. Physio, at its scleoption and discretion, may repair or replace a product to bring it into conformity. Return of any
product shall be governed by the Returned Product Policy located at htD Y.&•nnv.Dhvsio-control.com)Documentsl. Payment of
Fby ,=i rrvoi ce is not contingent on immediate correcti on of n oncorformdies.
No Resale. Buyer agrees that products purchased hereunder will not be resold to third parties and will not be reshipped to any
persons orpIaces prohibited by the laws ofthe United States ofAmerica.
A d d iti o nab Tern a fa r PS�r hasea d Sale of Software L i cen sea and Softwaresa-Service.
In additionto the General �erms above, software and softeiare- as -service is livens ed (n ots old) pu rs uant to the foil owi ngterms
Licenses. Uponfull payment, Physi o will g rant to Buy er the l i aeries to the s oftvvare andfor s otiware�as-sery ice ordered by Buyer
accordingto the applicable End User License Agreement or Softwareti4sService Agreement. Thedurationofeachlicense is the
term ofthe subscription purchased by Buyer.
Additional Term Renardino Wireless Enabled Devices.
In additionto the General Terms above, the data sery ices provided by athird party are pursuant to th a fo llowing terms:
Payments. Paym encs to Physi o are n on-refundad a as th ey are i n corporating i nto th e p rid ng ofth a connected d ev ices.
Gealocalbon. BuyerisresponsibleformaintainingtheactuallocationofthedeAceswithintheirfacilities,propertyorbuildings.
Not Winless Provider. Physio has contracted with an outside data services provider for the provision of services on behalf of
Buyer. Physio is not atelecommunicationsservices companynordoes it possess anytelecommunications personal property.
Security. Buyer has thesole responsibility for ensuring the security of its network and data. Buyer will take reasonable measures
to protect ag ai nst unauthorized access.
No Guarantee. PHYSIO DOES NOT GUARANTEE SECURITY, UNNTERRUPTED DATA SERVICES, THE ACCURACY OF
GEOLOCATION SERVICES, NETWORK TRANSMISSION CAPACITY. COVERAGE DR THE INTEGRITY OF THE DATA
TRANSMITTED. Physio is not responsible for any consequential damages caused in any way by Buyer's hardware, software,
n etwvo rk or other Buyer responsibilities.
Quote Number: 00089224
Additional Terrn s for Pu rchase and Sale of Software Im o lemerrtation Servioes.
I n add ition to th a General Terms above, the fo Ilowing terms ap ply to al p urchases of Software I m p Iem entation Sery ices from
Physio:
pt;.1yAiS?g&Duties. Phys io ag revs to m ak a com m ercially reas onable efro its to (i) com m ence i m plem entation of al l ap plicable
software in accordance with a mutual ly ag reed up on schedule; (ii) d ili gently p erform the implementation process in a professional
and workmanlike manner, (iii)providethetraining associatedwith purchasedsulascriptions, components andlorsoftware; and (iv}
p rov ide access to technical s upport.
Buyer's Duties. Buyer agrees to make commercially -reasonable efforts to: (i) cooperatewith and reasonablyassist Physio in the
implementation process; (ii)have all equipment, connections andfacilities prepared and readyforimplementationin accordance
with th e m utu al ly ag reed upon s chedule.
Co rnp letion of Irn plernentation. Implementation is com pi ete wh en Buyer is ableto transm itlreceiv a data th rough the implemented
software.
Fees and Billing. U p o n im p1 em entati on, Physi os hall p rovi de Buyer with an i nv oice s etti ng fo rth th a am grit d Lie. If i mp I em entation
is d el aged by m o re than s ix (6) m o nths, s of ely d Lie to Buyer's delay, Phys io res cry es th a ri ght to i nvoice prior to implementation.
Paym ent is d Lie th i rty (30) days after receipt of i nvoice.
Confidential Information. In th a course of p erform ing I m p Iem entati on Sery ices, each p arty m ay receive, be exp used to o r acqui re
confidential an dlor p roprietary i nform ation ofthe other party ("Confidential Information'). All Confidential Information dis dos ed by a
party will bear a legend "Confidential,""Proprietary' orwords ofs im ilar import. AI I Co nriidential Information dis dos ed by a party in
any m an n er other th an in writi ngwi II be preceded by an oral statem ent i ndi sating th at th a information is Co nfidential Information.
Each party agrees to take rens onable steps to prated the other partys Confi derrti al Information indudi ng not disd using it to third
parties except as otherwise permitted. The restri Bions and obligations up on the parties concerning cont demi ality s hall not ap plyto
any p o rtion ofth eCro rifidential I nform ation of either p artywh ich: (a) is o r becom es p ublicly av ailabl a to th a receiv ing p arty th rough
no fault ofs Lich receiving party; or(b) can be rens o nably d em onstrated to have been known to o r In ereafter d eveloped by the
receiv i ng p arty i n dependently of any isclosure ofConfi denti al I nform ation by th a disd using p arty, o r (c} is d isd osed to th a receiving
party by athird partywh o, to thebest ofthe receiving party's knowledge, is lawfully in possession ofth esame and has the right to
m akesuch disclosure
Warranties. Physio represents and warrants th at it will prov ide the Services in a professional an d wo rk m and ike manner consistent
with good i ndustrystandards and practices. Physio warrants th at th a Sery ice wi 11 perform in all material respects fora period ofthree
(3} m o nths after i m pi em entati on. As Buyer's s ole an d exd usiv a rem edy an d P a entire l i abil ityfo r any breach ofth a fo regoing
warranty, Phys io wi 11 re -perform the Services, or, if Phys io is un abl eto doso, return the fees paid to Physio fo r such deficient
Services. Except as specifically set fo rth herein, Physio exp ress ly d isd aims any and all warranti es with res pect to th e s ery ices,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES 0F MERG HANTABILITY, FrFN ESS FORA PAP -TIC ULAIR
PU RPO SE AND N O N I N F RI N G EMENT. Physio does n of warrant that th e s ervi ces wi l l be uninterrupted o r error -free.
Exclu sion a and Limitations of Liab Llityr. In no ev ents hall Physio be liable to Buyer or other em p loyee, contractor drag ent for any
indirect, incidental. special. or consequential damages arising in co nnection with th is agreement (whether inwarranty, contract or
to rt, in Glu di ng n eg1 igence. an d ev en if Physio h as been advised ofthe possibi lity th areal), i ndudi ng without I i m itation m ed ical
exp enses. I ass of rev enue o r profits; o r d am ages res Lilting from i nterrupti ons i n o r un avail abi Iity Oftel ecomm unications o r I nternet
con necti ons to thesery ice. orfrom the impact ofth e s ervices on any Buyer system.
PHYSIO PS TOTAL LLABIL ITY TO BUYER FO RDAMAG ES WITH RESPECT TO THE SERVICES PROVIDED UNDER TH IS
AG REEMENT AN D OTH ERWI SEARISING U N DER TH IS AG REEMENT REGARDLESS OF THE 13ASIS UNDER WHICH BUYER
IS ENTFTL ED TO CLAIM DAMAGES{INC LUDING BREACH, N EG LIG ENC E, O R ANY OTH ER CO NTRACT OR TO RT C LAIM)
SHALL NOT EXC EED T HE FEES DUE HEREON DER. EACH PARTY RECOG N LIES AN D AG REES THAT T H E WARRANTY
DISC LA I MERS AND LIA BI L ITY A HD REMEDY LIMITATKI NS IN TH IS AG REEMENT ARE MATERL4L BA RGA IN ED -FOR
BASES OF TH I S AG REEMENT ANDTHAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IH DELERMIN ING
TH E CO N SI DERATKI N TO BE GIVEN BY EACH PARTY U N DER TH IS AG REEMENT AN D IN THE DELI SIGN BY EACH PARTY
TO ENTER INTO TH IS AG REEMENT.
Quote Number: 00089224