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HomeMy WebLinkAboutFD Purchase 21 Cardiac MonitorsSAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 4.c Meeting Date: August 21, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Fire Prepared by: Christopher Gray, Fire Chief City Manager Approval: TOPIC: Replacement & Upgrade of Cardiac Monitors SUBJECT: RESOLUTION APPROVING PURCHASE OF 21 CARDIAC MONITORS FROM PHYSIO -CONTROL, INC. IN AN AMOUNT NOT TO EXCEED $450,000 RECOMMENDATION: PURCHASE 21 CARDIAC MONITORS BACKGROUND: The San Rafael Fire Department responded to approximately 5,700 Emergency Medical Service calls in Fiscal Year 2016/17. Among these, 285 incidents were explicitly heart -related, and additional calls may have required heart assessment. Cardiac monitors are used by the San Rafael Fire Department paramedics as an assessment tool; they provide a patient's heart rate, rhythm, and type of heart attack (if applicable), and can defibrillate (countershock) the heart if necessary. Currently, the Department is equipped with 21 cardiac monitors. These monitors are part of the equipment complement of each emergency response apparatus (9 fire engines, 2 ladder trucks, 4 ambulances, and 5 staff vehicles). One automated external defibrillator (AED) unit also is on premise at 1600 Los Gamos Road at the Department's administrative offices. Of the department's 21 cardiac monitors, 14 have reached their intended service life. The manufacturer no longer is supporting the current cardiac monitors through their warranty program and the department consequently has been paying full price for required repairs and maintenance. Advances in technology in the last several years have resulted in expanded capabilities in modern cardiac monitors. Current technology allows for heart monitoring to occur at 12 different angles, providing paramedics with 12 signals, or leads. The capabilities afforded by these 12 -lead monitors have become the standard of care for Advanced Life Support -equipped, paramedic -staffed vehicles. ANALYSIS: The Fire Department has prepared a resolution approving the purchase of 21 cardiac monitors from Physio -Control, Inc. to give staff paramedics the ability to provide expanded advanced medical care in the field. These include 14 LIFEPAK 15 monitors and 7 LIFEPAK 1000 simple AEDs. These monitors FOR CITY CLERK ONLY File No.: 4-3-663 x 9-3-31 Council Meeting: 08/21/2017 Disposition: Resolution 14379 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 have the following additional features that the older cardiac monitors lack: 12 -lead monitoring, carbon dioxide (CO2) monitoring, carbon monoxide (CO) monitoring, temperature reading, and WiFi/Bluetooth connectivity. The LIFEPAK 15 monitors were internally tested by the Department, with positive results. They are widely used by other local fire departments and were evaluated to determine what works best for both patients and paramedics. The cost to replace the Fire Department's cardiac monitors is approximately $450,000. This price includes: • 14 12 -lead Monitors (LIFEPAK 15) • 7 AED's (LIFEPAK 1000) • Rechargeable batteries • Battery chargers • Miscellaneous cables and cases • Miscellaneous consumables (printer paper and electrodes) This purchase can be made through a cooperative purchasing program. The City of San Jose competitively awarded a Request for Bid (RFB) to Physio -Control and is allowing other public agencies to purchase under this bid. San Rafael Municipal Code section 2.55.260 exempts such a purchase from the requirement for competitive bidding. FISCAL IMPACT: Funds for this purchase are available and are being appropriated from the Fire Equipment Replacement Fund. In the 2016/17 Fiscal Year, $450,000 from the Fire Equipment Replacement Fund was appropriated for cardiac monitor replacement; but the money was not spent. The Fire Equipment Fund currently has more than $1.1 million in cash reserves. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution to purchase replacement cardiac monitors with $450,000 from the Fire Equipment Replacement Fund. 2. Purchase replacement cardiac monitors with a multi-year equipment leasing plan. 3. Do not approve the purchase agreement. Continue to operate with existing cardiac monitors. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution approving purchase of 21 cardiac monitors from Physio -Control, Inc. in an amount not to exceed $450,000. ATTACHMENTS: 1. Resolution 2. Exhibit 1 to Resolution — Proposal from Physio -Control Inc. to San Rafael Fire Department for 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 SAN RAFAEL STAFF REPORT APPROVAL TH E CITY WITH A M I SS ION ROUTING SLIP Staff Report Author: Christopher Gray, David Catalinotto, and Date of Meeting: 08/21/2017 Jason Hatfield Department: Fire Topic: Replacement and Upgrade of Cardiac Monitors Subject: RESOLUTION APPROVING PURCHASE OF 21 CARDIAC MONITORS FROM PHYSIO -CONTROL, INC. IN AN AMOUNT NOT TO EXCEED $450,000 Type: (check all that apply) ❑X Consent Calendar ❑ Public Hearing ❑ Discussion Item ❑X Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ❑ Yes El No I Date noticed: I ❑Mailed ❑Site posted ❑Marin IJ Due Date Responsibility Description CompletedDate Initial / Comment DEPARTMENT REVIEW FRIDAY Director Director approves staff 8/4/2017 ❑ noon report is ready for ACM, 8/4 City Attorney & Finance review. CONTENT REVIEW MONDAY Assistant City Manager ACM, City Attorney & Click here to morning Finance will review items, enter a date. RW 8/7 make edits using track City Attorney changes and ask questions 8/8/2017 using comments. Items will LG be returned to the author 8/14/2017 Finance by end of day Wednesday. ❑x MM DEPARTMENT REVISIONS FRIDAY Author Author revises the report 8/11/2017 ❑X noon based on comments 8/11 receives and produces a final version (all track changes and comments removed) by Friday at noon. ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY Assistant City Manager ACM, City Attorney & 8/14/2017 ❑X morning Finance will check to see 8/14 their comments were 8/14/2017 ❑X City Attorney adequately addressed and LG sign -off for the City 8/14/2017 Manager to conduct the 0 Finance final review. MM TU ES City Manager Final review and approval Click here to D noon enter a date. 8/15