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HomeMy WebLinkAboutItem 2c - Purchase Order with Life AssistROPER MINA 21192 STAFF REPORT Fire Department DATE: July 15, 2014 TO: Honorable Mayor and City Council FROM: Kurt Norwood, Fire Chief By: Michael Lang, Deputy Fire Chief SUBJECT: PURCHASE ORDER WITH LIFE ASSIST FOR PARAMEDIC FIELD SUPPLIES IN AN AMOUNT NOT TO EXCEED $60,000 Recommendation: Approve SUMMARY Life Assist had been the City's paramedic field supplies vendor since 2010 with satisfactory products and services. It is recommended that the City Council authorize the purchase of paramedic field supplies utilizing the City of Pasadena contract pricing with Life Assist for FY 2014 -15 in an amount not to exceed $60,000 and authorize two (2) additional one -year extension options through the end of FY 2016 -17. BACKGROUND The Fire Department maintains an inventory of paramedic field supplies, such as medications, intravenous fluids, assorted needles, bandages, splints, tape, gloves, oxygen masks, EKG paper and electrodes, and other miscellaneous medical supplies. These items are stored on the Fire Department rescue ambulances and used during medical treatment of the sick and injured in emergency incidents. The Fire Department also maintains in its inventory additional paramedic field supplies to mitigate larger - scale incidents in the event of a disaster. The City has been restocking paramedic field supplies under the formal bid specification process. The last contract was awarded to Life Assist in July 2010, which expired June 2014. DISCUSSION In May 2012, the City of Pasadena sent a notice inviting bids for paramedic field supplies. Three (3) bids were returned, and Life Assist was the lowest bid that met the specifications outlined in the contract. On July 9, 2012, the City of Pasadena awarded a Purchase Order for Paramedic Field Supplies July 15, 2014 Page 2 of 2 three -year contract to Life Assist for FY 2012 -15 in an amount not to exceed $450,000 ($150,000 annually) and reserves the option to renew the contract for two additional one -year periods. The City of Pasadena's contract allows other government agencies to utilize their contract pricing, also known as piggybacking. Piggybacking on larger agency contracts allows the City of Arcadia the opportunity to purchase supplies in small quantities at volume pricing not normally available to agencies with small quantities for the same or similar supplies. The City of Arcadia shares similar paramedic field supplies needs as the City of Pasadena but in smaller quantities. It is recommended that the City piggyback on the City of Pasadena current purchase order contract pricing for FY 2014 -15 in an amount not to exceed $60,000 with the option to renew the contract annually for two additional years through the end of FY 2016 -17. Since 2010, Life Assist has performed satisfactorily as the City of Arcadia's paramedic supply vendor. The company delivered the required paramedic field supplies on time and as specified. By authorizing a purchase order with Life Assist, the City ensures a quality inventory of paramedic field supplies at a fiscally responsible cost. FISCAL IMPACT Sufficient funds for paramedic field supplies have been appropriated in the Fire Department's FY 2014 -15 operating budget. RECOMMENDATION It is recommended that the City Council authorize the purchase of paramedic field supplies utilizing the City of Pasadena contract pricing with Life Assist for FY 2014 -15 in an amount not to exceed $60,000, and authorize two (2) additional one -year extension options through the end of FY 2016 -17. Approved. Dominic LazzareW City Manager Attachments: City of Pasadena purchase order contract with Life Assist of PAP q°F u T o DEPARTMENT OF F I N A N C E Purchase Order Contract August 28, 2012 Purchase Order Number: 222 Life Assist, Inc. 11277 Sunrise Park Drive Rancho Cordova, CA 95742 Attn: Kevin Nelson (800) 824 -6016 Fax # (800) 290 -9794 Ship To: 199 S. Los Robles Avenue Suite 550 Attention: Kevin Costa Billing /Terms: Payments related to this contract will be remitted via City Purchasing Card (MasterCard). All billing related to this Contract shall be charged to the MasterCard account Number provided to Life Assist, Inc. Item /Description Begin Date End Date Medical Supplies July 9, 2012 July 9, 2015 Total Not to Exceed Amount $450,000 $150,000 (Annually) Contractor represent that it has a City approval Equal Employment Opportunity and Non - segregation Affidavit. The attached Terms and Conditions of Purchase Order Contract- City of Pasadena shall be part of this Purchase Order. Authorized Sign e Pur Xdnliistrator 100 .North Gazfieltl Az,erzzce • Pasn'rlenfi, CA 91109.7215 (626) 744 -4355 • Fax (626) 744 -7093 TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT - CITY OF PASADENA This is a government contract. The terms are not changed by any words added by Contractor, nor su rseded because of any form used by Contractor in the course of business. Any change in terms must he agreed to by an ec representative of the City, in writing. Acceptance by the City of goods, materials or services is not an acceptance of Contractor's other terms. 1. Contractor agrees to furnish the materials or services described in the Purchase Order Contract to which this is attached and subject to all terms and conditions of the Purchase Order Contract, this Attachment to the Purchase Order Contract and all other attachments hereto. 2. Contractor agrees to submit all invoices in duplicate to the address indicated on the Purchase Order Contract. 3. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax. 4. Contractor agrees to show on all invoices the name of the department to which goods or services were furnished, and whether the invoice covers complete or partial delivery or performance, the Purchase Order Contract number and any applicable cash discount. 5. Contractor agrees to prepay transportation charges and show them separately on all invoices. 6. Contractor agrees to show applicable sales or use tax as separate items on all invoices. 7. Title to all materials furnished under the Purchase Order Contract shall pass to the City upon delivery and loading of merchandise at the F.O.B. point designated in the Purchase Order Contract. 8. Any item ordered on the face hereof that is listed in the Safety Orders of the California Division of Industrial Safety shall fully comply with the latest revised requirements of said Safety Order,. 9. All goods, materials and equipment ordered shall, except as otherwise noted in this contract, be delivered in a new and unused condition. 10. All automotive equipment delivered to the City shall meet all requirements of the latest revision of the California Vehicle Code and of the Federal department of Transportation. 11. The Contractor shall transfer to the City the nhanufacturer's warranty or guarantee for each item furnished under this contract. Where applicable, the City shall be named as owner - beneficiary in any such warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City commences operation and use of the item. All such manufacturers' warranties or guarantees shall be in addition to the Contractors warranty under this contract. In addition the Contractor shall warrant that all items provided under this contract are free from defects in materials and workuhahhship. The City will notify Contractor of any patent defect. Such notice will be given in writing, if possible, or by the means. most practical under the circumstances. If the Contractor fails to correct the defect or other non - conformity within 10 days after receiving such notice, or more timely in case of emergency demanding immediate action, then the City may make tine necessary replacements or repairs and charge ilhe Contractor the total, cost of all labor, materials, equipment and administration. The City may withhold from Contractor an amount for these costs; if the amount withheld is not sufficient, the City may recover any balance from the Contractor. 12. prior to the issuance of the purchase Order Contract, Contractor may be required to provide to City evidence of insurance. Failure to maintain the required amounts and types of coverage throughout the duration of services supplied shall constitute a material breach of this contract and shall entitle the City to terttunate this contract. 13. Contractor agrees to indemnify, hold harmless, And defend (even If the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or In part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purcliased herein; or any accts, errors or omissions (including, without limitahon, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this contract. This agreement to indemnify includes, but is not limited to, personal Injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 14. Contractor shall not perform work on City owned property, and shall not commence work or cause materials to be delivered to the job site, until so authorized in writing by the Head of the Department (or designee) for whom the work was ordered. 15 In accepting this order, Contractor agrees to comply with the City's Competitive Bidding and Purchasing Ordinance, Chapter 4.08 of the Pasadena Municipal Code, the rules and regulations promulgated thereunder, the California Fair Employment and Housing Act (Government Code Section 12900 ct seq.) and to this end: A. Contractor certifies and represents that, during the performance of this contract, the Contractor and each subcontractor shall adhere to eqqual opportunity em loyment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition or marital status. Contractor further agrees that it will not maintain any segregated facilities. B. Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of the contractor, state that it is an ".Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status. C. Contractor shall, if requested to so by the City, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status. D. If requested to do so by the City, contractor shall provide the City with access to copies of all of its records pertaining or relating to its emplo ment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Contractor agrees to. recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this contract and which are performed within the City. G. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law. H. Contractor shall include these provisions in each of its subcontracts. 16. Contractor shall obtain a City Business License under the terms and conditions of Pasadena Municipal Code Chapter 5.04, where required. Consult the License Division, Department of Finance, as to license requirements, phone (626) 744 -4166. 17. Contractor hereby represents, warrants and certifies that no officer or employee of the Contractor is a director, officer or employee of the City of Pasadena, or a member of any boards, commission or committees, except to the extent permitted by law. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying the amounts to which Contractor is properly entitled to under the Contract or for other purposes relating to lire c;ontiact. The Contractor shall maintain and preserve a such records for a period of at least 3 years after a termination of the contract. The Vendor shall maintain all such records in the City of Pasadena. If not, the Contractor shall, upon request, promptly deliver the records to the City of Pasadena or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Pasadena, including, but not limited to, such additional tout of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 19. It is understood that in the performance of any services herein provided, for Contractor shall be, and is, and independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method, except as required by this contract. further, Contractor has and shall retain the right to exercise fall control over the employment, direction, compensation and discharge of all persons em loved by Contractor in the performance of (lie services hereunder, Contractor shall be solely responsible for, and shall indemnity, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees are not entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability of Workers' Compensation insurance benefits. 20. In case of conflict between the terms of this contract and the terms of any other document which is a part of this transaction, the terms of this Purchase Order Contract shall strictly prevail. 21. Contractor shall not assipn or transfer this contract or any rights hereunder with out the "ior written consent of the City which may be withheld in the City's sole discretion. Any unauthorized assignment of transfer shall be null and void and shall constitute a material breach of Contractor of its obligations under this contract. 22. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 23. The City's waiver of any term, condition, breach or default of this contract shall not be considered to be a waiver of any other term, condition, default of breach, not of a subsequent breach of the one waived. 24. The restrictions of Article XVll, Taxpayer's Protection, of the Pasadena City Charter apply to this purchase order. If the City public official responsible for approving this purchase order determines the amount of the order, or the cumulative amount of purchase orders granted to Contractor over any 12 -month period, triggers the requirements of Article XVII, Contractor will be considered a "recipient of a public benefit." City public officials who approve or vote to approve this "public benefit" will be prohibited from receiving gifts or other personal benefits with a value in excess of $50, campaign contributions, or employment from Contractor for a specified period of time. A " recipient of a public benefit" includes individuals, corporations, firms, partnerships, associations or other persons or entities, as well as those individuals who have more than a 10 %n equity, participation or revenue interest in an entity, or who serve as trustee, director, partner or officer of the entity. At the City's request, Contractor shall provide written disclosure of all of the foregoing interests, as applicable. Contractor's disclosure will be considered a public record. 25. Contractor agrees to make delivery and pick up under this Purchase Order Contract ONLY during Off Peak Hours, except as otherwise specified in this paragraph. "Off Peak Hours" are defined as the hours from 9:00 a.m. to 3:30 p.m., on Monday through Friday. Off Peak Hours delivery and pick up is NOT required under the following circumstances, only: weekends; or state or national holidays; or other specific delivery or pickups specifically requested by the City, in writing, as emergencies, as special orders are to take place during peak hours. 26. The City reserves the right to cancel any portion of this Purchase Order at any time prior to the delivery of Goods and Services. 27. This Purchase Order Contract shall be governed and construed according to the laws of the State of California. 28, This Purchase Order Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 29. This contract, if over $25,000, is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11 and requires that contractors providing labor or services to the City pay employees in accordance with the Ordinance. 30. Additional terms (All additional terms and conditions must be approved as to form by the City Attorney in writing).