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Agenda 2/14/2023 Item #16E 3 (Purchase of medications and supplies for use by the EMS Division)
16.E.3 02/ 14/2023 EXECUTIVE SUMMARY Recommendation to approve Non -Standard Agreement #23-008-NS "Participation Agreement" with Cooperative Services of Florida, Inc., for the purchase of medications and supplies for use by the Emergency Medical Services Division, approve expenditures under Single Source Waiver and authorize payments be made to LeeSar, Inc., as the primary distributor and supplier of products purchased under this Agreement. OBJECTIVE: To provide an additional source for medications and expendable supplies so Collier County EMS can respond to calls for public safety responses. CONSIDERATIONS: Staff recommends Board to approve a Participation Agreement ("Agreement") with Cooperative Service of Florida, Inc. (CSF), which allows for the purchase of medications and supplies if it results in a financial advantage to the County. CSF uses the power of group purchasing on behalf of its members to negotiate cost -saving contracts with manufacturers and service providers. The Agreement shall be for a term of one year, with three additional one-year renewal periods. This Agreement will replace existing Agreement (#19-001-WV) between Collier County and CSF Agreement which is set to expire on January 7, 2023. LeeSar, Inc. (LeeSar) is CSF's products distributor, providing medications and supplies to Lee and Sarasota County hospitals, EMS, and various fire departments in several counties. A significant advantage of LeeSar is that it can repackage drugs as a compound pharmacy, assuring standard dosages and aligning with medical protocols. In addition, LeeSar can often provide products that may be temporarily unavailable through contracted vendors due to product shortages, etc. County staff will continue to evaluate product pricing provided through the CSF Agreement, compared to the awarded vendors under both the Expendables and Medication bids. If the pricing is, in fact, lower than our contracted pricing, LeeSar will serve as the County's primary supplier. Pursuant to Section Eleven, subparagraph 11 of the Collier County Procurement Ordinance 2017-08, staff requests that the Board of County Commissioners find that it is in the best interest of the County to waive formal competition and authorize the purchase of pharmaceuticals, medical supplies and related material from Cooperative Services of Florida, Inc., as a single source vendor. FISCAL IMPACT: Funds are available within Fund 490, EMS department budget cost center 144610. The annual not -to -exceed per fiscal year expenditure through CSF for medications and supplies is $165,000.00. GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -RTT RECOMMENDATION: To approve Non -Standard Agreement #23-008-NS "Participation Agreement" with Cooperative Services of Florida, Inc., authorize payments be made to LeeSar, Inc., approve expenditures under Single Source Waiver, and authorize the Chairman to sign the Agreement. Prepared by: Cherie DuBock, Accounting Supervisor, Emergency Medical Services ATTACHMENT(S 1.23-008-NS_ Agreement—CSF Participation_VendorSigned (PDF) 2. LeeSar Waiver 01.08.23-01.08.27 (PDF) 3.23-008-NS COI—LeeSar—corrected (PDF) Packet Pg. 1172 16.E.3 02/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doe ID: 24437 Item Summary: Recommendation to approve Non -Standard Agreement #23-008-NS "Participation Agreement" with Cooperative Services of Florida, Inc., for the purchase of medications and supplies for use by the Emergency Medical Services Division. Meeting Date: 02/14/2023 Prepared by: Title: — Emergency Medical Services Name: Cherie DuBock 01/18/2023 1:37 PM Submitted by: Title: Division Director - EMS Operations — Emergency Medical Services Name: Tabatha Butcher 01/18/2023 1:37 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sandra Herrera Additional Reviewer Emergency Medical Services Tabatha Butcher Director Review Procurement Services Sara Schneeberger Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 01/18/2023 1:58 PM Completed 01/19/2023 4:19 PM Completed 01/20/2023 10:55 AM Completed 01/24/2023 4:17 PM Completed 01/25/2023 5:49 PM Completed 01/26/2023 3:37 PM Completed 01/26/2023 4:07 PM Completed 01/27/2023 10:38 AM Completed 01/30/2023 7:43 PM Completed 02/06/2023 1:15 PM 02/14/2023 9:00 AM Packet Pg. 1173 16.E.3.a COLLIER COUNTY NON-STANDARD AGREEMENT #23-008-NS FOR "Purchase of EMS medications and expendable supplies" BETWEEN COLLIER COUNTY AND Cooperative Services of Florida, Inc. (Payments to: LeeSar, Inc) ATTACHED: PARTICIPATION AGREEMENT (9-pages) Department/Division Name: Emergency Medical Services Division 8075 Lely Cultural Parkway, Suite 267 Naples, Florida 34113 Contract Administrator: Cherie DuBock, Accounting Supervisor P: (239) 252-3756 E: Cherie.DuBock(&colliercountyfl.gov Packet Pg. 1174 16.E.3.a PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT (this "Agreement") is made effective as of (the "Effective Date"), by and between Cooperative Services of Florida, Inc., a Florida corporation not for profit ("CSF" or "Contractor"), and Collier County Board of County Commissioners, c/o Emergency Medical Services ("Purchaser" or "County") (collectively, the "Parties"). ARTICLE 1: RECITALS 1.1 CSF was created to develop and operate a health care purchasing cooperative in order to obtain price savings through the use of the combined purchasing power of its non-member participants (the "Participants") and its members (the "Members"). 1.2 Purchaser desires to become a Participant of CSF and utilize the services of CSF, and CSF desires for Purchaser to become a Participant and utilize such services provided Purchaser complies with the requirements of this Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations herein contained, the parties have agreed as follows: ARTICLE 2: INCORPORATION OF RECITALS, EXHIBITS, ETC. The parties agree that the recitals are true and correct and are hereby incorporated. The parties also agree that any referenced exhibits, schedules, documents, or instruments are hereby incorporated. ARTICLE 3: PARTICIPATION PROVISIONS 3.1 Participation Fee. Upon execution of this Agreement, Purchaser shall pay to CSF a Participation fee of $0.00 (the "Participation Fee"). The Participation Fee is non-refundable and may be different from the participation fees charged to other Participants. There are no annual or other periodic fees or dues payable by Participants. 3.2 Acceptance. CSF hereby accepts Purchaser as a Participant and Purchaser hereby accepts such position. Such participation is non-exclusive, and CSF may have other Participants and Members in Purchaser's service area. 3.3 Other Agreements. Each Participant of CSF is required to execute a Participation Agreement. However, except as required by law, CSF may exempt other Participants from any provision of this Agreement in its sole and absolute discretion. CSF is not required to deal with other Participants based upon the terms or conditions set forth herein. CSF shall not be responsible or liable for any loss or damage suffered by Purchaser which arises or results from the failure of any Participant to comply with the terms of its agreement with CSF. ARTICLE 4: TERM AND TERMINATION 4.1 Term. Unless earlier terminated, this Agreement shall be for a term of one (1) year, beginning on the Effective Date. This Agreement may renew for three (3) additional one (1) year period terms upon written approval of CSF and Purchaser unless either party provides written notice to the other party of its intention to terminate at least 30 days prior to the expiration of the then current term. Page 1 of 9 Packet Pg. 1175 16.E.3.a 4.2 Termination by Notice. Each party may terminate this Agreement without cause by giving not less than thirty (30) calendar days written notice to the other party of intention to terminate. 4.3 Termination upon Breach. If either party gives written notice to the other party that such other party has substantially and materially breached the terms of this Agreement, and such breach shall not have been cured within 30 calendar days of the date of such notice, the party giving notice of the breach will have the right to terminate this Agreement at any time thereafter upon written notice of such termination to the other party. ARTICLE 5: PURCHASING PROVISIONS 5.1 Purchasing. Purchaser hereby designates CSF as its purchasing agent for the "Specified Product Categories" listed in Exhibit A and CSF agrees to use its best efforts to negotiate preferential terms of purchase for goods and services which are or might be used by its Participants or Members. Purchaser may make recommendations to CSF for products and services to be available for purchase and the names of vendors with whom it would like CSF to establish relationships. CSF will inform Purchaser of the availability of products and services for purchase from time to time. The terms negotiated by CSF will be available to Purchaser only through compliance with this Agreement. Such terms may include the requirement that vendors verify Purchasers' purchase orders with CSF prior to acceptance. Payments will be made directly to LeeSar, Inc. as CSF's primary distributor of products purchased under this Agreement and pursuant to Chapter 218, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." 5.2 Purchasing Commitment. (a) Purchaser acknowledges and agrees that, in order for CSF to be able to negotiate favorable cooperative purchasing agreements, Participant must specify and commit to purchase at least five percent (5%) (the "Purchasing Commitment") of its requirements of the products and services available through CSF specified in Exhibit A (the "Specified Product Categories"). Accordingly, Purchaser hereby agrees to comply with such Purchasing Commitment. Unless otherwise agreed by CSF, Purchaser acknowledges and agrees that Purchaser shall have access only to CSF purchasing agreements related to the Specified Product Categories. (b) Purchaser acknowledges and agrees that compliance with the Purchasing Commitment is a continuing condition precedent to its continued eligibility to be a Participant of CSF. Failure at any time to comply with this condition may result in termination by CSF of this Agreement; and upon any such termination, its ability to access CSF purchasing agreements shall be terminated. (c) CSF may from time to time request Participants to voluntarily commit to specific volumes for a particular product or service. However, except for the Purchasing Commitment of the Specified Product Categories, Purchaser is not required to use CSF for all of its purchases of any particular product or service. 5.3 Disclaimer. CSF shall have no liability or responsibility to Purchaser or its affiliates for the failure of goods or services purchased through CSF for delivery in a timely manner, availability to Purchaser or its affiliates of warranties pertaining to its purchase of goods or services, or defects of any kind or nature of goods purchased. Collier County Non -Standard Agreement #23-008-NS Page 2 of 9 Packet Pg. 1176 16.E.3.a ARTICLE 6: COMPLIANCE PROVISIONS 6.1 Conduct. Each party shall adhere to all applicable Federal, state, and local laws, rules, and regulations including, without limitation, 42 U.S.C. § 1320a-7b(b) (the "Federal Anti - Kickback Law"). Each party shall use best efforts to comply with any applicable safe harbors to the Federal Anti -Kickback Law. PURCHASER MAY HAVE AN OBLIGATION TO REPORT ANY DISCOUNTS IT RECEIVES AND GIVE INFORMATION UPON REQUEST AS A PARTICIPANT IN ACCORDANCE WITH 42 CFR §§ 1001.952 (h)(i) or (h)(2). 6.2 Vendor Fees. CSF may receive fees from vendors (the "Vendor Fees") as a result of Purchaser's purchases. CSF shall not receive a fee of more than 30% of the value of such purchases (although the average CSF fee is in the 4%-5% range). 6.3 Regulatory Reports. CSF shall prepare and distribute a written Report detailing the amount of Vendor Fees CSF receives as a result of the purchase volume of Purchaser (broken down by vendor). The Report shall be distributed at least annually and is also available upon request. ARTICLE 7: INSURANCE CSF shall maintain insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions upon County's request. Renewal certificates shall be sent to the County upon County's request. ARTICLE 8: MISCELLANEOUS PROVISIONS 8.1 Use of Trade Names. Purchaser has been advised and understands that CSF may adopt for use certain trade names, service marks, and trademarks (the "Names"). Purchaser will have the right to use any such Name, only in accordance with, and subject to, such limitations, standards, terms, and conditions as may be established by CSF from time to time and furnished in writing by CSF to Purchaser. In addition, CSF retains the right to prescribe the type and content of any materials of Purchaser that make use of any Name. 8.2 Purchaser Information. Purchaser agrees to supply information to CSF or the designated executive(s) of CSF, on a confidential basis, which CSF reasonably determines will assist it in providing the products and services contemplated by this Agreement, including, but not limited to, information relating to the volume of product, usage by product line and manufacturer, the price paid for products, and other similar data. Collier County Non -Standard Agreement #23-008-NS Page 3 of 9 Packet Pg. 1177 16.E.3.a 8.3 Product Transfers. Purchaser agrees not to directly or indirectly sell, transfer, assign, or otherwise convey products or services purchased through CSF to any person other than an affiliate of Purchaser. ARTICLE 9: INDEPENDENT CONTRACTOR Each party shall be regarded as an independent contractor for all purposes, including, without limitation, income tax and employment tax purposes, and shall represent such status to third parties. This Agreement shall not make either party an employee, partner, or joint venture of or with the other. Except as provided herein, neither party shall bind or transact business in the other's name, or make representations or commitments on the other's behalf without prior written approval. ARTICLE 10: STANDARD PROVISIONS 10.1 Remedies. In the event of a breach of this Agreement by Purchaser, the parties acknowledge that the injury to CSF would be irreparable, and the monetary amount of damage therefrom would be difficult or impossible to determine. CSF shall have all remedies available at law or equity, specifically including, without limitation, entitlement as a matter of course to an injunction or similar equitable relief, without bond or with a nominal bond if allowed by law. 10.2 Avoidance of Violations; Modification. Notwithstanding any provision of this Agreement, the parties shall not violate any applicable laws, rules, or regulations, including those relating to Medicare, Medicaid, similar Florida programs, or the provision of health care or medical services. The parties shall modify this Agreement to the extent necessary to comply with such laws, rules, and regulations. 10.3 Confidentiality. Except to the extent required by law or court order, the parties agree to maintain strict confidentiality with regard to any and all information which comes into their possession as a result of this Agreement or any details pertaining to this Agreement. Notwithstanding the foregoing, each party shall have the right to disclose the relationship and general parameters of this Agreement. This provision shall survive the termination of this Agreement. Confidentiality of information contained in this Agreement is subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat. 10.4 Mutual Indemnification. To the extent permitted by applicable law, and without waiver of sovereign immunity protection, if any, each party (the "Indemnitor") shall indemnify the other party (the "Indemnitee") for any and all damages, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) reasonably incurred by or awarded against Indemnitee which relate to a claim or proceeding against Indemnitee based solely on the negligent or wrongful conduct of Indemnitor (each, a "Claim"). This indemnification is effective only if (i) Indemnitee promptly notifies Indemnitor in writing of any known Claim, whether threatened or actual (or Indemnitor is not materially prejudiced by failure to receive prompt written notice of such Claim), (ii) Indemnitee fully cooperates with Indemnitor (at Indemnitor's expense) in the defense of any such Claim, (iii) Indemnitor controls the defense against any such Claim, unless the interests of the parties materially differ or Indemnitor's counsel is not reasonably acceptable to Indemnitee, and (iv) Indemnitee's damages, liabilities, costs, and expenses are not paid by insurance or otherwise covered by a third party. This provision shall survive the termination of this Agreement. Collier County Non -Standard Agreement #23-008-NS Page 4 of 9 Packet Pg. 1178 16.E.3.a The Foregoing indemnification shall not constitute a waiver of Purchaser's sovereign immunity beyond the limits set forth in Florida Statutes, § 768.28. 10.5 Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by certified mail, return receipt requested, to the parties at the following addresses (or at such other addresses as may be furnished from time to time): If to Purchaser, to: Collier County Board of County Commissioners, Florida Emergency Medical Services 8075 Lely Cultural Parkway, Naples, Florida 34113 Attention: Cherie DuBock, Accounting Supervisor Phone: 239-252-3756 Email: Cherie. DuBock(ab-colliercountyfl.gov If to CSF, to: Cooperative Services of Florida, Inc. 2727 Winkler Avenue Fort Myers, FL 33901 Attention: Rita Lee Email: Rita. Lee (c-)csofl.com with a copy to: Zach Buffington Williams, Parker, Harrison, Dietz & Getzen 200 S. Orange Avenue Sarasota, Florida 34236 10.6 Notice of Claims. A party shall give written notice to the other party, as soon as practicable, of any lawsuit, claim, or complaint which involves or may involve the other party. 10.7 Amendment. No amendment to this Agreement shall be effective unless it is in writing, attached to, or made a part of this Agreement, and executed by a duly authorized representative of each party. 10.8 Assignment. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. However, neither this Agreement nor any of the rights, interests, or obligations hereunder shall be assigned by any party hereto without the prior written consent of the other party. Notwithstanding the foregoing, this Agreement may be assigned by CSF to an entity controlling, controlled by, or under common control with CSF, without Purchaser's consent; however, written notice shall be given to Purchaser upon assignment. 10.9 Entire Agreement. This Agreement, along with the exhibits, schedules, documents, certificates, and instruments referred to herein, embodies the entire agreement and understanding of the parties in respect of the transactions contemplated by this Agreement. There are no restrictions, promises, representations, warranties, covenants, or undertakings, other than those expressly set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such transactions. 10.10 No Third Party Rights. This Agreement is intended solely for the benefit of the parties hereto and shall not be deemed to create any rights in any other person or entity. Collier County Non -Standard Agreement #23-008-NS Page 5 of 9 Packet Pg. 1179 16.E.3.a 10.11 Severability. If any provision or portion of this Agreement shall become invalid or unenforceable for any reason, there shall be deemed to be made such minor changes in such provision or portion as are necessary to make it valid or enforceable. The invalidity or unenforceability of any provision or portion hereof shall not affect the validity or enforceability of the other provisions or portions hereof. 10.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement, and such signed copy shall be considered an original signed copy for all purposes. 10.13 Captions. The captions of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the provisions of this Agreement. 10.14 Interpretation. Whenever the context of any provision shall require it, the singular number shall include the plural number, and vice -versa, and the use of any gender shall include any other or all genders as used in this Agreement. This Agreement has been negotiated at arms length. Any rule of law or legal decision that requires interpretation of ambiguities against the drafting party is not applicable and is hereby waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties to this Agreement. 10.15 Prevailing Party Entitled to Attorneys' Fees and Costs. To the extent limited by law, with regard to any legal disputes arising out of or related to this Agreement, the prevailing party shall receive from the non -prevailing party(ies) all reasonable legal fees, costs, charges, and expenses incurred, including reasonable attorneys' fees, whether from the initial request for redress or through trial, appeal, and collection. 10.16 Waiver of Compliance. Except as otherwise provided in this Agreement, any breach by a party may only be waived by the other party in a written instrument signed by the waiving party. Such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent or other breach. 10.17 Applicable Law and Courts. This Agreement shall be governed by the internal laws of the State of Florida (without regard to conflict of laws or similar concepts). Jurisdiction and venue shall lie, and all legal proceedings shall be brought, in the Twentieth Judicial Circuit in and for Collier County, Florida, or in the United States District Court for the Middle District of Florida. 10.18 Dispute Resolution. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Collier County Non -Standard Agreement #23-008-NS Page 6 of 9 Packet Pg. 1180 16.E.3.a 10.19 Cooperation. The parties agree to cooperate and execute all documents to implement and carry out the provisions of this Agreement. [Signature page to follow] ********************Remainder of the page intentionally left blank******************** Collier County Non -Standard Agreement #23-008-NS Page 7 of 9 Packet Pg. 1181 16.E.3.a IN WITNESS WHEREOF, the parties have caused this Participation Agreement to be duly executed on the day and year first above written. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: .ffl�k First Witness TType/print witness nameT JSJ nd Witness em � 1 TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman CONTRACTOR: Cooperative Services of Florida, Inc. B�Ognjture Robert Boswell President & CEO, LeeSar/CSF ype/print signature and title Di/G�o,23 Date Approved as to Form and Legality: Print Name County Attorney Collier County Non -Standard Agreement #23-008-NS Page 8of9 Packet Pg. 1182 16.E.3.a EXHIBIT A SPECIFIED PRODUCT CATEGORIES 1. Medical Surgical Supplies 2. Environmental Supplies 3. Pharmaceuticals LeeSar will be the primary distributor of specified products listed above. Collier County Non -Standard Agreement #23-008-NS Page 9 of 9 Packet Pg. 1183 Co�r County Waiver Request Form Instructions Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must bE submitted to the division's Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver request: greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on havin( only one supplier in the marketplace, proprietary technology, copyright, patent, or a supplier's unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors even though other competitive sources may be available. Requester Name: Cherie DUBock Division: EMS Item/service: Medications/Expendable Supplies vendor Name: Cooperative Services of FL (LeeSar; Historical Not to Exceed Is there an agreement associated with this Countywide $984 441.06 Requested 1 /8/23-1/8/27 Amount per $ 165 000 waiver to be reviewed by Contracts? Spend: date range: Fiscal Year: ❑✓ Yes ❑ No ❑ Sole Source ❑✓ Single Source ❑ One Time Purchase ❑✓ Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. The items purchased under this waiver include medications and expendable supplies necessary to stock ambulances and replenishment of warehouse inventory. This process ensures the availability of medical supplies to continue EMS operations and delivery of emergency patient care. Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. Supply chain disruption continues challenging consistent and timely access to medications and expendables inventory. This waiver enhances access to critical inventory to stock ambulances with medications and expendable supplies required for patient care. Access to well -established vendors like LeeSar improves the division's purchasing power and the opportunity to perceive competitive prices. All are essential to providing uninterrupted emergency medical care. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasinc Compliance Code (PCC) number or email approval documentation. ❑ Yes ✓❑ No If yes, provide the PCC number: E L El 1- M N ti N DO O O M N DO O O Revised 06/17/2021 Packet Pg. 1184 Co�r County Waiver Request Form Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): ❑ Sole Source ❑ Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. ❑ No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? ❑ Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. ❑ Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright or other applicable laws and provide documentation validating that claim. ❑✓ Single Source ❑ Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: BCC Agenda Item number: ❑ warranty: Is this the only vendor able to complete factory -authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. ❑ Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. ❑✓ Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? LeeSar has long provided medications and expendable supplies to EMS at low cost and often when items are unavailable through other suppliers. LeeSar can repackage medications as compound pharmaceuticals when traditional medications are unavailable through other sources. LeeSar's allocation policies often result in being the only vendor able to meet the division's needs. Pursuant to Section Eleven, subparagraph 11 of the Collier County Procurement Ordinance 2017-08, staff requests that the Board of County Commissioners find that it is in the best interest of the County to waive formal competition and authorize the purchase of pharmaceuticals, medical supplies and related material from Cooperative Services of Florida, Inc., as a single source vendor. Revised 06/17/2021 Packet Pg. 1185 Co�r County Waiver Request Form How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and use history and the current level of County investment in the product. Collier County EMS has an established, dependable relationship with LeeSar. LeeSar offers competitive pricing and availability of products often not accessible through other vendors. On January 8, 2019 (Agenda Item 16.E.1), the Board approved a participation agreement with Cooperative Services of Florida, Inc. (CSF). CSF uses the power of group purchasing on behalf of its members to negotiate cost -saving contracts with manufacturers and service providers. LeeSar, Inc. (LeeSar) is CSF s products distributor. c a� E Explain why it is in the County's best interest to use this product/service rather than issuing a competitive solicitation: What are the benefits from the continued use? Are there costs that would be incurred if a different vendor/product were used? What would occur if another brand/vendor were used? Q Historically, LeeSar offers the County competitive prices on inventory critical to delivering emergency medical care. The County has realized significant savings by purchasing through LeeSar. In addition, W LeeSar has been a reliable source when the awarded vendors through the EMS expendables bid J cannot provide products due to shortages. M N Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. The County will be allowed access to proprietary pricing information; County staff will evaluate the product vis the awarded bid tab. If the pricing is, in fact, lower than our contracted pricing, LeeSar will serve as the County's primary supplier. The vendor operates as a supply broker per the cooperative agreement, and their prices are highly competitive and reasonably priced despite the industry's volatility. Most often, they have the best pricing on frequently purchased items. Will this purchase obligate us to future ancillary products or services? Either in terms of maintenance or standardization. ❑ Yes ❑✓ No If yes, explain what types: Revised 06/17/2021 Packet Pg. 1186 Co�r County Waiver Request Form Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risl to the County. The division performs market research and alternatives regularly. The division exercises due diligence to ensure pricing is within the County's best interest for cost-effectiveness. Pricing is compared with every request to purchase against other approved vendors. As medication inventories and availability tend to fluctuate between vendors, operations must have access to various sources. County staff will continue to evaluate product pricing provided through the CSF Agreement, compared to the awarded vendors. If the pricing is, in fact, lower than our contracted pricing, LeeSar will serve as the County's primary supplier. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Digitally signed by Cherie Requested by: Cherie DUBock Signature: Cherie DuBock DuBock Date: 2022.09.19 13:03:11 Date: -04'00' Digitally signed by Division Director: Tabatha Butcher Signature: ButcherTabatha Butch2022.1 .2 Date: 022.107 12:33:38 Date: -04'00' Digitally signed by Dan Department Head: Dan ROdrIgU@Z Signature: Dan RodrigtuezDoate:uez Doaoozozz.,o.z7,3:o4:,2 Date: Required if over $50,000 Procurement Strategist: g Sara S c h n ee b e rg e r d by Schneeber erSa Sc,hneDigitaeberlly neSar Signature: g Date:2 22.12.060 g Date 2022.12.06 08 60 09 Date: ra -osoo' Procurement Director: Sue Zimmerman Digitally signed by Signature: ZlmmermanSue ZimmermanSue Date: 2022.12.06 10:09:37 Date: Or designee -0s'o0' For Procurement Use Only: 0 Approved ❑ Requesting Additional Information ❑ Requires RFI/Intent to Sole Source ❑ Rejected Procurement Comments: ElCurrent FY Approval 0 Multi -Year Approval Start Date: 12/06/2022 End Date: Exp Of 23-008-1\1b Revised 06/17/2021 Packet Pg. 1187 I 16.E.3.c I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 1/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Susanne Fischer Baldwin-Krystyn-Sherman Partners PHONE FAX 5216 Summerlin Commons Blvd. A/c No Ext : 239-734-3309 A/C No): 239-734-3309 Ste. 200 ADDRESS; susanne.fischer@bks-partners.com Fort Myers FL 33907 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Brid efield Employers Insuranc 10701 INSURED LEESA-2 LeeSar, Inc. 2727 Winkler Avenue Fort Myers FL 33901 INSURERB: MEDMARC Casualty Insurance Com 22241 INSURER C: Chubb & Son INSURERD: Ategrity Specialty Insurance C 16427 INSURER E: American Guarantee and Liabili 26247 INSURER F: Federal Insurance Co COVERAGES CERTIFICATE NUMBER: 1044421910 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS C B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y 35935078 21 FL380021 4/1/2022 9/25/2021 4/1/2023 4/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 15,000 5,000 X CLAIMS MADE PROD PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 0 $ OTHER: C AUTOMOBILE LIABILITY Y 74986146 9/25/2021 4/1/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,000 F D UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 79880244 01BXLP00037297-1 9/25/2021 4/1/2022 4/1/2023 4/1/2023 EACH OCCURRENCE $ 5,000,000 X X AGGREGATE $ 5,000,000 DED FT RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 830-54755 8/31/2022 8/31/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Liability Occurrence AEC2501055-01 4/1/2022 4/1/2023 Occurrence/Excl. Prod 10,000000/5000 C F Excess Liability Claims Made W1 CA3F210601 9/25/2021 4/1/2023 Claims Made/Inc. Prod Claims Made Ded 10,000,000 10K per Occ/50K , DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 23-008-NS WV Medications for Emergency Medical Services Collier County Board of County Commissioners, or Board of County Commissioners in Colli County, or Collier County Government, or Collier County are listed as additional insured in regards to general liability and auto liability on a primary non contributory basis if required by written contract and subject to terms, conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Bldg. C-2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 'OVtz� c d E Iv d L Q Cn d d J ti Cl) Iq N d V L O V I M U) N d J _I 0 U N Z Go O O A 04 C W E t V W r Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1188