Office of the Chief MEMORANDUM

Transcription

1 Office of the Chief MEMORANDUM DATE: December 20, 2018 TO: FROM: RE: Board of Fire Commissioners Brian Gorski, Fire Chief FY2019 Lifepak 15 Purchase RECOMMENDED MOTION(S) OR ACTION(S): To approve proposed Resolutions and for the purchase of eight (8) Lifepak 15 Monitor/Defibrillator and the funding methodology for these devices. REPORT: In accordance with our Fire Department Based Advanced Life Support Services (ALS Non-Transport Fire Engines) contained within the ALS plan, it identifies the Stages of Implementation. Specifically in Stage 3 the plan identifies Portable defibrillator that allows for 12/15 lead EKG s, cardioversion, pacing, non-invasive blood pressure, ETC02, SA02 and battery charger. All of these functions are part of the Lifepak 15 Monitor/Defibrillator. In the preparation of our FY19 budget, the funding for this equipment was identified and is contained within our FY19 Approved Budget. In the last five (5) years SMFR has seen a greater than thirty percent (30%) rise in medical calls. As our area continues to grow these numbers will only increase. In 2013 medical calls numbered 3,182 by 2017 this number was 4,176 and as of October 2019 call volume is in excess of 5,100. With this dramatic increase the need for Advanced Life Support (ALS) is greater than ever. These Lifepak 15 s are a state of the art piece of equipment and will greatly enhance SMFR s ability to deliver lifesaving interventions not only with ALS Paramedics, but also with BLS Emergency Medical Technicians. Once the current paramedic students complete their school and supplemental training Engine 351 will be the first engine to become an ALS apparatus. They 1

2 will utilize the Lifepak 15 with all of its available functions at their disposal. In the meantime and for all future BLS units the Lifepak 15 s can be programed to act as an AED, but with greater functionality such as Continuous Positive Air Pressure (CPAP), non-invasive blood pressure, SA02, etc. These abilities not only give our patients a greater chance for a positive outcome, but provide seamless transfer of patient care when the first EMS unit arrives on scene by giving them a total patient care history from the first arriving fire unit until their arrival. The Lifepak 15 s ability to monitor the heart rhythm and airway help ensure quality CPR is being delivered and this further enhances the patient s chances for survival with minimal long term effects. The District will purchase these eight (8) Physio Control Lifepak 15 Monitor/Defibrillator by utilizing a percentage of impact fees and financing the remainder through a lease purchase agreement with Leasing 2, Inc.. The District determined that there has been a significant increase in medical calls over the past five (5) years and that such growth has created a need for ALS personnel and equipment. These Lifepak 15s will maximize the abilities of SMFR s highly trained Paramedics while concurrently benefitting the District as a whole. Additionally the enhanced capabilities of these Lifepak 15s do satisfy the needs created by the new growth & development in the District and based on this the District has determined that an allocation of one-hundred percent (100%) of impact fees towards the purchase of these new Lifepak 15s is a proper percentage of impact fees to allocate. Based upon the foregoing, 50% of the purchase price $162, will be funded through a lease-purchase agreement and the remaining 50%, $162, will be funded using impact fees. Pursuant to the terms of the Lease-Purchase agreement, the District will be obligated to budget and appropriate the annual lease payments to the lessor (Leasing 2, Inc.) or its successor. Failure to appropriate sufficient payments along with notice to the lessor is one way to terminate the lease. The Lease- Purchase agreement is not a debt of the District. The lessor will retain a security interest against the Lifepak 15s until such time as the equipment is paid in full. If there is a default (including non-payment or failure to appropriate) the lessor has a security interest in the equipment and such default could result in the surrendering of the equipment to the lessor. Under the terms of the Lease Purchase Agreement ( Agreement ) there are various exhibits that must be executed to complete the transaction. A copy of 2

3 the Agreement is included in your materials. Pursuant to the terms of the Agreement, the lessor (Leasing 2, Inc.) requires a resolution in the format of Resolution to be adopted as part of the lease transaction. Resolution , authorizes the District to enter into the Agreement with Leasing 2, Inc. and sets forth the funding sources for the apparatus, and designates the Fire Chief as the authorized signatory on the Agreement. Our attorney, Maggie Mooney-Portale has reviewed and approved these Resolutions. On the advice of counsel, each of the resolutions (Resolution(s) and ) should be adopted through the passage of separate motions. 3

4 // PERSSON, COHEN & MOONEY, P.A. ATTORNEYS AND COUNSELORS AT LAW David P. Persson** Andrew H. Cohen Kelly M. Fernandez* Maggie D. Mooney* R. David Jackson* Regina A. Kardash * * Board Certified City, County and Local Government Law ** Of Counsel Telephone (941) Facsimile (941) djackson@swflgovlaw.com Reply to: Lakewood Ranch EXHIBITB OPINION OF LESSEE'S COUNSEL LESSEE: Southern Manatee Fire and Rescue District DATE OF AGREEMENT: December 20, 2018 Leasing 2, Inc West Cass Street Tampa, FL Ladies and Gentlemen: As counsel for Southern Manatee Fire and Rescue District ("Lessee"), I have examined duly executed originals of the Lease-Purchase Agreement and Escrow Agreement, if applicable (the "Agreement"), between Lessee and Leasing 2, Inc. ("Lessor"), dated as of December 20, 2018 and the proceedings taken by Lessee to authorize and execute the Agreement. Based upon such examination and upon such other examination as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a public body corporate and politic, legally existing under the laws of the State of Florida. 2. The Agreement has been duly authorized, executed and delivered by Lessee, pursuant to Constitutional, statutory and/ or home rule provisions which authorize this transaction and Resolution No , attached as Exhibit A to the Agreement. Lakewood Ranch 6853 Energy Court Lakewood Ranch, Florida Venice 236 Pedro Street Venice, Florida 34285

5 3. The Agreement is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms. In the event the Lessor obtains a judgment against Lessee in money damages, as a result of an event of default under the Agreement, Lessee will be obligated to pay such judgment. 4. Applicable public bidding requirements have been complied with. 5. To the best of my knowledge, no litigation is pending or threatened in any court or other tribunal, state or federal, which questions or affects the validity of the Agreement. 6. The signature of the officer of Lessee which appears on the Agreement is true and genuine; I know said officer and know him/her to hold the office set forth below his/her names. 7. The Equipment leased pursuant to the Agreement constitutes personal property and when subjected to use by Lessee will not be or become fixtures under applicable law. 8. The leasing of the Equipment pursuant to the Agreement is exempt from all sales and use taxes against either the Lessor or the Lessee during the term of the Lease and the Equipment will be exempt from any state and local personal property or other ad valorem taxes during the term of the Lease. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. ~~~ R. David Jackson ~ 2

6 RESOLUTION NO MANATEE COUNTY, FLORIDA FY PHYSIO CONTROL LIFEPAK 15 MONITOR/DEFIBRILLATOR LEASE PURCHASE AGREEMENT FOR THE SOUTHERN MANATEE FIRE & RESCUE DISTRICT ADOPTED: December 20, 2018

7 RESOLUTION A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE SOUTHERN MANATEE FIRE & RESCUE DISTRICT OF MANATEE COUNTY, FLORIDA, FOR THE LEASE PURCHASE OF EIGHT (8) PHYSIO CONTROL MONITOR / DEFIBRILLATORS FOR THE SOUTHERN MANATEE FIRE RESCUE DISTRICT; PROVIDING FOR FUNDING; PROVIDING AUTHORIZATION TO THE FIRE CHIEF; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southern Manatee Fire & Rescue District ( District ) is a tax supported special purpose district authorized under the provisions of Chapters 189 and 191, Florida Statutes, and Chapter , Laws of Florida to levy ad valorem taxes, special assessments and impact fees; and WHEREAS, the District desires to lease purchase eight (8) new Physio Control Lifepak 15 monitor / defibrillators which supports the direction of the District to begin Advanced Life Support (ALS) as outlined in the District s document titled Fire Department Based Advanced Life Support Services, ALS Non-Transport Fire Engines ; and WHEREAS, pursuant to Florida Statutes , the District conducted copious amounts of research to determine which equipment best supported the needs of the District to deliver proper ALS service(s) and also was the most cost effective and selected the Lifepak 15 made by Physio Control; and WHEREAS, the District will lease purchase eight (8) Physio Control Lifepak 15 s by entering into a lease financing agreement for one-hundred percent (100%) of the cost through Leasing 2, Inc.; and WHEREAS, the District determined that since 2013 the District has experienced a greater than 30% rise in medical calls and these Lifepak 15 s are a state of the art piece of equipment which will greatly enhance the District s ability to deliver lifesaving interventions not only with ALS Paramedics, but also with BLS Emergency Medical Technicians; and WHEREAS, the District considered the ability of personnel to deliver advanced life support (ALS) interventions as well as Basic life support (BLS) functions utilizing this equipment thereby supporting the District s commitment to emergency medical responses; and WHEREAS, The District has determined that there has been a significant increase in medical calls over the past five (5) years and that such growth has created a need for ALS personnel and equipment. These Lifepak 15 s will maximize the abilities of the District s highly trained paramedics while concurrently benefitting the District as a whole; and WHEREAS, the District considered that the substantial growth and concurrent population increase within our area has necessitated the expansion of emergency medical capabilities by the District s fire and rescue personnel to become trained as paramedics, delivering ALS

8 interventions utilizing equipment that is aligned with their level of training; and WHEREAS, the District also considered that the increased growth and medical call volume within the District has resulted in a need for more highly trained medical personnel and equipment that reinforces the District s ALS Non-Transport Fire Engines ; and WHEREAS, The Lifepak 15 integrates Masimo Rainbow SET technology that monitors SpO2, End-tidal Carbon Dioxide, Carbon Monoxide, includes a metronome to guide CPR compressions and ventilations and provides an option to escalate energy to 360J, is powered by Lithium-ion battery, utilizes SunVue display screen for view-ability in bright sunlight, and data connectivity to easily and securely collect and send patient information which would better serve the population within the District; and WHEREAS, the enhanced capabilities of this Physio Control Lifepak 15 will be able to satisfy the needs created by population growth and the increased medical calls within the District; and WHEREAS, the District has determined that an allocation of 100 percent (100%) of impact fee funds towards the purchase of the Physio Control Lifepak 15 is proper as it is commensurate with the enhanced needs created by population growth and increased medical calls within the District; and NOW, THEREFORE, BE IT RESOLVED by the Board of Fire Commissioners, acting as the governing body of the Southern Manatee Fire Rescue District of Manatee County, Florida, in a public meeting, that: 1. The above recitals are true and correct and are incorporated herein fully. 2. The District is authorized to acquire eight (8) Physio Control Lifepak 15 s for a total purchase price of $324, The District hereby approves the funding of the eight (8) Physio Control Lifepak 15 monitor / defibrillators in an amount of $324, through a Lease Purchase Agreement with Leasing 2, Inc. 4. The Fire Chief is hereby authorized to execute on the District s behalf all necessary Lease-Purchase Agreements and the exhibits thereto to enter into the lease agreement and finance $324, of acquisition costs for the Physio Control Lifepak 15 monitor / defibrillators The purchase price for the Physio Control Lifepak 15 monitor / defibrillators shall be funded from the District s Impact Fees, which represents one-hundred percent (100%) of the total purchase cost. 5. This Resolution shall take effect December 20, 2018.

9 DULY ADOPTED at a public meeting this 20 th day of December, ATTEST: Melanie A. Marken Secretary SOUTHERN MANATEE FIRE & RESCUE DISTRICT Charles A. Durant, Chair Dan Center, Vice Chair Anthony C. Evans, Treasurer Jim Cena, Commissioner