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Resolution No. 9398l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 RESOLUTION NO. 9398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1 TO CARDIAC CARE PROGRAM EQUIPMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES WHEREAS, on December 13, 2006, the City Council of the City of Vernon adopted Resolution No. 9188 approving a Cardiac Care Program Equipment Agreement No. H-702565 dated December 13, 2006 (the "Agreement") with.the County of Los Angeles ("County") setting forth the terms and conditions whereby the County reimburses the City for the cost of the initial purchase of one 12-Lead Electrocardiogram ("12-Lead EKG") and training, unless previously funded by other grant funds; and WHEREAS, under the Agreement, the City was also able to purchase the 12-Lead EKG equipment under the terms of the group purchase plans developed by the Los Angeles Chapter of the California Fire Chiefs Association from Medtronic Emergency Response Systems; and WHEREAS, the County and the City desire to amend the (Agreement to provide for the purchase of one additional 12-Lead EKG andl training and to extend the period of the purchase to September 30, 2007; and WHEREAS, the purchase of the one 12-Lead EKG will be (purchased under the terms of the group purchase plans developed by the (Los Angeles Chapter of the California Fire Chiefs Association from IMedtronic Emergency Response Systems prior to September 30, 2007; WHEREAS, the City Council of the City of Vernon has 28 Ildetermined that, pursuant to the provisions of subsection (a) of 1 Section 2.27 of the Vernon City Code, it is in the public interest and 2 necessity to purchase the 12-Lead EKG equipment from Medtronic 3 Emergency Response Systems by Purchase Order. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF VERNON AS FOLLOWS: 6 SECTION 1: The City Council of the City of Vernon hereby` 7 finds and determines that the recitals contained hereinabove are true 8 and correct. 9 SECTION 2: The City Council of the City of Vernon hereby 10 approves the Cardiac Care Program Equipment Agreement Amendment No. 1 11 (the "Amendment") with the County, in substantially the same form as 12 the copy which is attached hereto as Exhibit A and incorporated by 13 reference. 14 SECTION 3: The City Council of the City of Vernon hereby 15 authorizes the Mayor or Mayor Pro-Tem to execute the Amendment with 16 the County for, and on behalf of, the City of Vernon and the City 17 Clerk is hereby authorized to attest thereto. 18 SECTION 4: The City Council of the City of Vernon hereby 19 directs the City Clerk, or her designee, to send three executed 20 Agreements to: 21 County of Los Angeles - Department of Health Services ATTENTION: Contracts and Grants Division 22 313 North Figueroa Street, 6th Floor -East 23 Los Angeles, CA 90012 24 SECTION 5: The City Council of the City of Vernon hereby 25 authorizes the issuance of a Purchase Order to Medtronic Emergency 26 Response Systems pursuant to the quotation attached hereto as Exhibit 27 B and incorporated by reference, subject to the following term being 28 added to the Purchase Order: 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Medtronic Emergency Response Systems ("Medtronic") warrants title to the material and equipment purchased hereunder and any part thereof to be free of any claim of any security interest, lien or any encumbrance. Medtronic also warrants that the material and equipment will be delivered new and shall be 'free from defects in material and workmanship for a period of one (1) year from the date of complete installation and acceptance by the City. All manufacturers' warranties, any warranties typically provided by Medtronic, and any other warranties made applicable by law shall apply to the City's, purchase herein. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 27th day of August, 2007. AT EST: MA VELA GIRON, City Clerk - Name: Leonis C. Malburg Title: Mayor L - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9398, was duly adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, August 27, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GI�ON,/City Clerk - 4 - EX . IT A Contract No. H-702565-1 CARDIAC CARE PROGRAM EQUIPMENT AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT is made and entered into this day of , 2007, by and between and COUNTY OF LOS ANGELES (hereafter "County"), CITY OF VERNON (hereafter "Provider"). WHEREAS, reference is made to that certain document entitled "CARDIAC CARE PROGRAM EQUIPMENT AGREEMENT", dated September 5, 2006, and further identified as County Agreement No. H-702565 (hereafter referred to as "Agreement"); and WHEREAS, the Department of Health Services' Emergency Medical Services (EMS) Agency has agreed to reimburse Provider for the cost of the initial purchase of 12-Lead EKG equipment and the initial training associated with the equipment's use, unless previously funded by other grant funds; and WHEREAS, both parties wish to extend the period of purchase for 12-Lead electrocardiogram (EKG) units; and WHEREAS, Agreement provides that changes may be made in the form of a written amendment which is formally approved and executed by the parties. NOW, THEREFORE, the parties agree as follows: 1. This Amendment shall become effective upon the date of Board approval. 2. Paragraph 2, TERM, of Agreement shall be deleted in its entirety and replaced with the following: " The term of this Agreement.shall commence upon Board approval and shall continue in full force and effect to and including September 30, 2007. In any event, this Agreement may be canceled at any time by either party by the giving of at least thirty (30) calendar days advance written notice thereof to the other party. " 3. Subparagraph "B" of Paragraph 4, REIMBURSEMENT FOR 12- LEAD EKG PURCHASE, of Agreement shall be deleted in its entirety and replaced with the following: "B. Reimbursement shall be made by County to Provider within ninety (90) days of receipt of a complete and correct invoice from Provider for the initial.purchase of 12-Lead EKG equipment in accordance with the rate of reimbursement specified hereunder. Reimbursement by County to Provider shall be limited to the purchase of one (1) 12- Lead EKG machine per approved ALS Unit, to be purchased by - 2 - Provider no later than September 30, 2007. County's reimbursement to Provider shall not exceed a total maximum amount of Seventeen Thousand Dollars ($17,000) per 12-Lead EKG machine, excluding any vendor credit for exchange of existing EKG equipment. All vendor credit for exchange of existing equipment for new 12-Lead EKG equipment shall be applied to the purchase cost prior to County's reimbursement to Provider. Notwithstanding the foregoing, the County shall not reimburse Provider for the purchase of a 12-Lead EKG machine if Provider has already received funding from a grant or any other third party source to offset the cost of such machine." 4. Subparagraph "C" of Paragraph 4, REIMBURSEMENT FOR 12- LEAD EKG PURCHASE, of Agreement shall be deleted in its entirety and replaced with the following: "REIMBURSEMENT FOR INITIAL TRAINING: Reimbursement shall be made by County to Provider within ninety (90) days of receipt of a complete and correct invoice from Provider for initial training of Provider's paramedic and EMT personnel in the use of 12-Lead EKG equipment. Such invoice must include rosters from initial training that identify each attendee, each attendee's classification - 3 - (paramedic or EMT), date of training, and total hours of initial training. Reimbursement by County to Provider shall be limited to the initial training c.ompleted no later than September 30, 2007, and as described herein. County's reimbursement to Provider shall not exceed a total maximum amount of Forty -Five Dollars ($45,00) per hour of initial training per attendee, limited to one category of training per attendee, for the following maximum hours: TRAINING CATEGORY ATTENDEE MAXIMUM HOURS ACLS Paramedic 16 (includes 12-Lead EKG training) 12-Lead EKG Paramedic 6 12-Lead EKG EMT 2" 5. Subparagraph "D" of Paragraph 4, REIMBURSEMENT FOR 12- LEAD EKG PURCHASE, of Agreement shall be deleted in its entirety and replaced with the following: "D. Reimbursement by County to Provider shall be made in the order that invoices are received from all Providers under this Agreement and any Amendments hereto (first -come, first -served basis). Providers that have not received previous grant funding for reimbursement of expenditures - 4 - described in Section 4, Subparagraph A of this Agreement, shall have priority for reimbursement. Reimbursement shall be made by County to Provider for 12-Lead EKG equipment purchased by Provider no later than September 30, 2007, and for initial training of Provider's paramedic and EMT personnel on the use of such equipment that is completed no later than September 30, 2007." 6. Subparagraph "A" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "A. Provider shall be responsible for the selection of a vendor and the initial procurement of 12-Lead EKG equipment under the terms of the group purchase plans developed by the Los Angeles Chapter of the California Fire Chiefs Association. Provider agrees to equip each approved ALS Unit within its agency with each 12-Lead EKG machine purchased under terms of this Agreement. Purchase of said equipment must be made by Provider no later than September 30, 2007, to qualify for reimbursement by County." - 5 - 7. Subparagraph "B" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "B. Provider shall coordinate and arrange for the initial training of paramedic and EMT personnel in the use of 12-Lead EKG equipment. Such training must be completed no later than September 30, 2007, to qualify for reimbursement by County." B. Subparagraph "F" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "F. Provider shall be responsible for: (1) all maintenance of 12-Lead EKG equipment purchased under terms of this Agreement and beyond, (2) expenditure for purchase of all replacement 12--Lead EKG equipment, (3) expenditure for additional and/or future 12-Lead EKG equipment purchased after September 30, 2007, and (4) expenditure for training on the use of 12-Lead EKG equipment that occurs after September 30, 2007." - 6 - 9. Paragraph 8, MAXIMUM COUNTY OBLIGATION, of Agreement shall be deleted and replaced by the following: "8. MAXIMUM COUNTY OBLIGATION: County has allocated a maximum total amount of Four Million Dollars ($4,000,000) for reimbursement of allowable costs incurred by all Providers under terms of this Agreement and any Amendments hereto. The parties acknowledge that this funding is comprised by revenue generated by Measure B, Preservation of Trauma Centers and Emergency Medical Services annual special tax as allocated by the County Board of Supervisors (Measure B Trauma Property Assessment [TPA] Funds). The parties further acknowledge that, following all due payment by County to all Providers under terms of this Agreement and any Amendments hereto, any Measure B TPA funds unused at the termination of this Agreement shall remain in the Measure B Special Fund, pending additional use subject to approval by the County Board of Supervisors." 10. Except for the changes set forth hereinabove, the wording of Agreement shall not be changed in any respect by this Amendment. IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment to be subscribed by its - 7 - -s- Director of Health Services or his designee, and Provider has caused this Amendment to be subscribed in its behalf by its duly authorized officer, the day, month, and year first above written. CITY OF VERNON By Leonis C. Malburg Mayor drk Whitworth ire Chief APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL APPROVED AS TO CONTRACT ADMINISTRATION: Department of Health Services IM COUNTY OF LOS ANGELES By Bruce A. Chernof, M.D. Director and Chief Medical Officer APPROVED AS TO PROGRAM: Department of Health Services By Cathy Chidester, Acting Director Emergency Medical Services Agency ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: Cara O'Neill, Chief Contracts and Grants Division JEFF A. HARRISON, City Attorney D V Aug 23 2007 10:48 HP LRSERJET FRX P-1 i Medtronic Emergency Response Systems 11811 Willows Road NE P.O. Box 97023 ��, Redmond, WA98073-9723 U.SA www.medtronIc­ers.Com www.rnedtronic.com T`- — — let 80D.442.1142 e o,. , - fax 6DD.732.0956 To: Assistant Chief Dave Lazar Fire Department Quote*-. 1-99518718 City of Vernon Revd: 1 4305 S Santa Fe Ave VERNON, CA 90058 Quote Date: 07f1712007 Phone: (323) 583-4821 x512 Sales Consultant: Cynthia Bowers Fax: (323)353-1061 800-442-1142 x 72784 dlazer@ci.vernon.ca.us FOB: Destination Terms: Net 30, all quotes subject to .credit approval and the following terms & conditions CITY OF LA CONTRACT PRICING Contract: Nona Exp Date: 90 days after resumption of U.S. shipments. 1 99400-003505 - LP12 DEFIBIMON, ADAPTIV 1 $24.995.00 $10,678.25 $0.00 514.316.75 $14,316.75 BIPHASIC, AED, EL SCREEN, PACING, SPO2, 12LEAD, FAX, NIBP, ETCO2, TRENDING, 100MM PRINTER THE BIPHASIC LIFEPAK 12 IS AN ADAPTIV FULLY ESCALATING (TO 360 JOULES) BIPHASIC MULTI - PARAMETER DEFIBRILLATORIMONITOR UNIT. SHIP KIT INCLUDED. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. 2 41310-002432 - LIFEPAK 12 SHIPKIT USA, 1 $0.00 $0.00 $0.00 $0.00 $0.00 ENGLISH, BIPHASIC, CD2, 12 LEAD, SHORT CABLE, NI9P,100MM PRINTER 3 112607000030 - Basic Carrying Case 1 $250.00 $250.00 $0.00 $0.00 $0.00 Includes shoulder strap, left and right pouches and vinyl front cover. 4 11260.000029 -_ Back Pouch 1 $69.00 $69.00 $0.00 $O.OD $0.00 Pouch Ideal for accessory storage. Not recommended for use with SLA batteries. 5 11220-000025 - Top Pouch 1 $40.00 $46.DO $0.00 $0.00 $0.00 Storage for sensors and electrodes. Insert In place of standerd paddles. 6 11171-0000t7 - LNCS DCI, Adult Sp02 Sensor 1 $270.OD $270.DO' $O.OD $0.DO $O.OD reusable SUB TOTAL $14,316.75 ESTIMATED TAX $1,181.13 ESTIMATED SHIPPING & HANDLING $0.00 GRAND TOTAL $15,497.88 Pricing Summary Totals - .._...... ........ .... _.............__.- .... - List Price: $25,630.00f Cash Discounts: $11,313.25 Tax + SGH: _....,_._.._.._.._........-.. --...- - - - -- --- -- - ...... -- - - .._,.._...... + $1,101.13 -..._.... -- GRAND TOTAL FOR THIS QUOTE $15,49T.86" r•A Rug 23 2007 10:48 HP LRSERJET FRX p.2 TO PLACE AND ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800-732. 0956, ATTN: REP SVPPORT MEDTRONIC EMERGENCY RESPONSE SYSTEMS CUSTOMER APPROVAL (AUTHORIZED SIGNATURE) REQUIRES WRITTEN VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ON ALL ORDERS $10,000 NAME OR GREATER BEFORE APPLICABLE FREIGHTAND TAXES.THE UNDERSIGNED IS AUTHORIZED TO ACCEPT TITLE THIS ORDER IN ACCORDANCE TO THE TERMS AND PRICES DENOTED HEREIN. SIGN TO THE RIGHT. DATE Ref. Code: AW/1995870111.1N914C Netas, TAXES, SHIPPING AND HANDLING FEES ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE AT THE TIME OF ORDER, SHIPPING AND HANDLING ESTIMATE APPLIES TO GROUND TRANSPORT ONLY. ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED 1N ITS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE-IN VALU ES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO MEDTRONIC EMERGENCY RESPONSE SYSTEMS. ITEMS LISTED ABOVE AT NO CHARGE ARE INCLUDED AS PART OF A PACKAGE DISCOUNT THAT INVOLVES THE PURCHASE OF A BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE DISCOUNT EXTENDED ON THE BUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE. Until further notice, Physlo-Control has suspended shipments of the following products: LIFEPAK® 12 defibrillator/monitor, LIFEPAK 20 defibrillatorfmonitor, LIFEPAK 500 & 500 DIPS defibrillators, LIFEPAK 1000 defibrillator, LIFEPAK CRO Plus AED, LIFEPAK EXPRESS®AED; LIFENETO RS Receiving Station, and some upgrades.At this time, Physio-Control is not able to provide estimated delivery dates. We ere committed to providing customers with updated product and shipping Information. If you place an order based on this quote, when the products become available Physio•Control will contact you to confirm your order. At that time you may elect to (1) proceed with your order, (2) cancel all or part of your order (3) request a revised quote. Aug 23 2007 10:48 HP LRSERJET FRX p.3 7ERMSOFSALE General Term+ Medtronic Emergency Response Systems ("Medtronic") acceptance of the Buyer's order is expressly conditioned on the Buyer's assent to the terms set forth In this document and its attachments. Medtronic agrees to fumish 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 Medtronlc by the Buyer, These terms may only be revised or amended by written egreement signed by an authorized representative of both parties. Pricing Unless otherwise Indicated in this document, prices of goods and services covered by this document shall be Medtronic standard prices In effect at the time of delivery. Price 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 pride of the goods and services covered by this document unless Medtronic receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Medlronlc Tax Department P.O. Box 97006, Redmond, Washington 98073-9706. Payment Unless otherwise Indicated in this document or otherwise confirmed by Medtronic In writing, payment for goods and services supplied by Medtronic shall be subject to the following terms: Domestic (USA) Sales - Upon approval of credit by Medtronic, 100% of invoice due thirty (30) days after invoice date. International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit. Medtronic may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Medtronic reserves the right to charge a 15"/o restocking fee for returns. Delivery Unless otherwise Indicated in this document, delivery shall be FOB Medtronlc 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, Medtronic will obtain transportation on the Buyer's behalf and for the Buyers account. Delays Delivery dates are approximate. Medtronic 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 Medtronlc Inability to obtain goods from Its usual sources. Any such delay shall not be considered a breach of Medtronic and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Inspections Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Medtronic with written notice of any denclency. Payment is not contingent upon immediate correction of any deficiencies and Medironlc prior approval is required before the return of any goods to Medtronic. Warranty Medtronic warrants its products in accordance with the terms of the standard Medtronic product warranty applicable to the product to be supplied, and the remedies provided under such warranty shall be the Buyers sole and exclusive remedies. Medtronic 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 MEDTRONIC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Patent & indemnity Upon receipt of prompt notice from the Buyer and with the Buyer's authority and assistance, Medtronic agrees to defend, indemnify and hold the Buyer harmless against any claim that the Medtronic products covered by this document directly infringe any United Stales of America patent. Mluellaaeous 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 Mad(ronic 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 deco.mpile such products of related software and Information. c) The rights and obligations of Medtronic and the Buyer related to the purchase and sale of products and services described In this document shall be governed by the laws of aie Slate of Washington, United States of America. AN coats and expenses incurred by the prove hing party related to enforcement of Its rights under this document, including reasonable attorneys fees, shall be reimbursed by the other party. RECEIVED A COPY OF THE AGREEMENT FROM FIRE DEPARTMENT 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 10, 2007 County of Los Angeles - Department of Health Services Contracts and Grants Division 313 North Figueroa Street, 6th Floor -East Los Angeles, CA 90012 Re: Cardiac Care Program Equipment Amendment No. 1 Dear Sir or Madam: Transmitted herewith are three partially executed amendments, referenced above, which were approved by City Council on August 27, 2007, through Resolution No. 9398. Upon your execution, please forward a fully executed original agreement to the undersigned. Very truly yours, City Clerk NG:dr Enclosure c: Dolores Jaunzemis Mark Whitworth Resolution No. 9398 Agreement File No. 07-089 Exclusively Industriaf Memo To: Eric Fresch, City Administrator From: Mark C. Whitworth, Fire Chi1-'9 CI M CLEFS DIST RIB U TION v�iC�l►v�L i4(y��Er-��� c'C- Date: August 7, 2007 Re: Cardiac Care Program Equipment Agreements - Amendment No. 1 Respectfully request that the Cardiac Care Program Equipment Agreement (three copies) be approved and the Mayor authorized to sign the Agreement. This agreement was adopted by the County of Los Angeles Board of Supervisors and establishes the terms for reimbursement of our department's initial purchase of 12-Lead EKG machines and initial training associated with the use of such machines. These EKG machines must be purchased no later than September 30, 2007 to qualify for reimbursement by County. If you have any questions, please call me. Thank You. :Attachments MCW:Iam :efresch_agreement cardiac care 0 Page 1 Contract No. H-702565-1 CARDIAC CARE PROGRAM EQUIPMENT AGREEMENT AMENDMENT NO. 1 IS AMENDMENT is made and entered into this day of 2007, b nd between COUNTY OF LOS ANGELES (hereafter "County"), and CITY OF VERNON (hereafter "Provider"). WHEREAS„,reference is made to that certain document entitled "CARDIAC CARE PROGRAM EQUIPMENT AGREEMENT", dated September 5, 2006, and further identified as County Agreement No. H-702565 (hereafter referred to as "Agreement"); and WHEREAS, the Department of Health Services' Emergency Medical Services (EMS) Agency has agreed to reimburse Provider for the cost of the initial purchase of 12-Lead EKG equipment and the initial training associated with the equipment's use, unless previously funded by other grant funds; and WHEREAS, both parties wish to extend the period of purchase for 12-Lead electrocardiogram (EKG) units and WHEREAS, Agreement provides that changes may be made in the form of a written amendment which is formally approved and executed by the parties. NOW, THEREFORE, the parties agree as follows: 1. This Amendment shall become effective upon the date of Board approval. 2. Paragraph 2, TERM, of Agreement shall be deleted in its entirety and replaced with the following: " The term of this Agreement shall commence upon Board approval and shall continue in full force and effect to and including September 30, 2007. In any event, this Agreement may be canceled at any time by either party by the giving of at least thirty (30) calendar days advance written notice thereof to the other party." 3. Subparagraph "B" of Paragraph 4, REIMBURSEMENT FOR 12- LEAD EKG PURCHASE, of Agreement shall be deleted in its entirety and replaced with the following: "B. Reimbursement shall be made by County to,Provider within ninety (90) days of receipt of a complete and correct invoice from Provider for the initial purchase of 12-Lead EKG equipment in accordance with the rate of reimbursement specified hereunder. Reimbursement by County to Provider shall be limited to the purchase of one (1) 12- Lead EKG machine per approved ALS Unit, to be purchased by - 2 Provider no later than September 30, 2007. County's reimbursement to Provider shall not exceed a total maximum amount of Seventeen Thousand Dollars ($17,000) per 12-Lead' EKG machine, excluding any vendor credit for exchange of existing EKG equipment. All vendor credit for exchange of existing equipment for new 12-Lead EKG equipment shall be applied to the purchase cost prior to County's reimbursement to Provider. Notwithstanding the foregoing, the County shall not reimburse Provider for the purchase of a 12-Lead EKG machine if Provider has already received funding from a grant or any other third party source to offset the cost of such machine." 4. Subparagraph "C" of Paragraph 4, REIMBURSEMENT FOR INITIAL TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "'REIMBURSEMENT FOR INITIAL TRAINING: Reimbursement shall be made by County to Provider within ninety (90) days of receipt of a complete and correct invoice from Provider for initial training of Provider's paramedic and EMT personnel in the use of 12-Lead EKG equipment. Such invoice must include rosters from initial training that identify each attendee, each attendee's classification 3 (paramedic or EMT), date of training, and total hours of initial training. Reimbursement by County to Provider shall be limited to the initial training completed no later than September 30, 2007, and as described herein. County's reimbursement to Provider shall not exceed a total maximum amount of Forty -Five Dollars ($45.00) per hour of initial training per attendee, limited to one category of training per attendee, for the following maximum.hours: TRAINING CATEGORY ATTENDEE MAXIMUM HOURS ACLS Paramedic 16 (includes 12-Lead EKG training) - OR - 12-Lead EKG Paramedic 6 - OR - 12-Lead EKG EMT 2" 5. Subparagraph "D" of Paragraph 4, REIMBURSEMENT FOR 12- LEAD EKG PURCHASE, of Agreement shall be deleted in its entirety and replaced with the following: "D. Reimbursement by County to Provider shall be made in the order that invoices are received .from all Providers under this Agreement and any Amendments hereto (first -come, first -served basis)., Providers that have not received previous grant funding for reimbursement of expenditures 4 - described in Section 4, Subparagraph A of this Agreement, shall have priority for reimbursement. Reimbursement shall be made by County to Provider for 12-Lead EKG equipment purchased by Provider no later than September 30, 2007, and for initial training of Provider's paramedic and EMT personnel on the use of such equipment that is completed no later than September 30, 2007." 6. Subparagraph "A" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "A. Provider shall be responsible for the selection of a vendor and the initial procurement of 12-Lead EKG equipment under the terms of the group purchase plans developed by the Los Angeles Chapter of the California Fire Chiefs Association. Provider agrees to equip each approved ALS Unit, within its agency with each 12-Lead EKG machine purchased under terms of this Agreement. Purchase of said equipment must be made by Provider no later than September 30, 2007, to qualify for reimbursement by County." 7. Subparagraph "B" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "B. Provider shall coordinate and arrange for the initial training of paramedic and EMT personnel in the use of 12-Lead EKG equipment. Such training must be completed no later than September 30, 2007, to qualify for reimbursement by County." 8. Subparagraph "F" of Paragraph 5, RESPONSIBLITIES OF PROVIDER RELATING TO THE PURCHASE OF 12-LEAD EKG EQUIPMENT AND TRAINING, of Agreement shall be deleted in its entirety and replaced with the following: "F. Provider shall be responsible for: (1) all maintenance of 12-Lead EKG equipment purchased under terms of this Agreement and beyond., (2) expenditure for purchase of all replacement 12-Lead EKG equipment, (3) expenditure for additional and/or future 12-Lead EKG equipment purchased after September 30, 2007, and (4) expenditure for training on the use of 12-Lead EKG equipment that occurs after September 30, 2007. - 6 - 9. Paragraph 8, MAXIMUM COUNTY OBLIGATION, of Agreement shall be deleted and replaced by the following: "8. MAXIMUM COUNTY OBLIGATION: County has allocated a maximum total amount of Four Million Dollars ($4,000,000) for reimbursement of allowable costs incurred by all Providers under terms of this Agreement and any Amendments hereto. The parties acknowledge that this funding is comprised by revenue generated by Measure B, Preservation of Trauma Centers and Emergency Medical Services annual special tax as allocated by the County Board of Supervisors (Measure B Trauma Property Assessment [TPA] Funds). The parties further acknowledge that, following all due payment by County to all Providers under terms of this Agreement and any Amendments hereto, any Measure B TPA funds unused at the termination of this Agreement shall remain in the Measure B Special Fund, pending additional use subject to approval by the County Board of Supervisors." 10. Except for the changes set forth hereinabove, the wording of Agreement shall not be changed in any respect by this Amendment. IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment to be subscribed by its -7 _ Director of Health Services or his designee, and Provider has caused this Amendment to be subscribed in its behalf by its duly authorized officer, the day, month, and year first above written. CITY OF VERNON COUNTY OF LO ANGE By z >,� By e Qi_s C. Malbu-g Bruce A. ernof, M Mayor Director and Chief edi l Officer By APPROVED AS TO PROGRAM: Ma k Whitworth Department of Health Services F're Chief B Y Cathy ChidWcal r, Acting Director Emergency Services Agency APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL APPROVED AS TO CONTRACT A TEST: ADMINISTRATION: l Department of Health Services UELA GIRO C' y tierk f APPROVED A TO FORM: By Cara O'Neill, Chief Contracts and Grants Division JE t. IRISON, City Attorney