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Home My WebLink AboutCOM 1084.000 2014-2016 William P.Kenoio�t��°•`"+y,,, Deanna S. Sako Mayor •." ‘,1•17; ` Director Lisa K. Miura ••. Deputy Director • •1T F ••Npi� County of Hawaii Finance Department 25 Aupuni Street,Suite 2103 • Hilo,Hawai`i 96720 (808)961-8234 • Fax(808)961-8569 OW. C1111 September 30, 2016 0 7 r— Dru Kanuha, Council Chair and t Members of the Hawaii County Council 4° Hawai`i County CouncilWI .-- 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution Accepting Donation Enclosed is a resolution accepting the donation of the licensing and implementation of PulsePoint application software, valued at approximately $18,000 from the Hilo Medical Center Foundation, Attention Lisa Rantz, Executive Director, 1190 Waianuenue Avenue, Hilo, Hawaii 96720. This equipment will be used by the Hawaii Fire Department. This application is to be provided to persons who have indicated that they are trained in Cardio-Pulmonary Resuscitation (CPR) to alert them when they are within 400 feet of a victim of cardiac arrest. If there are any questions, please do not hesitate to call Melanio Lorenzo, of the Hawaii Fire Department at 932-2921. Deanna S. Sako Director of Finance Enc. cc: Fire "Res. 10(0(o- "4 Ref.To'. Cq1 Hawai'i County is an Equal Opportunity Employer and Provider Rei * [. • (14) 7 n I(n Form #: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: FIRE DATE: 9/19/2016 STAFF CONTACT: LANCE UCHIDA, BATTALION CHIEF PHONE: 961-8319 A. REQUEST: Please prepare a resolution to accept a donation valued at $18,000 from the Hilo Medical Center Foundation for the license and implementation of PulsePoint. Please send a letter of appreciation to: Hilo Medical Center Foundation Attention: Lisa Rantz, Executive Director 1190 Waianuenue Avenue Hilo, HI 96720 B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Hilo Medical Center Foundation is donating to the County of Hawaii the PulsePoint license and cost of implementation. The PulsePoint app alerts persons who have indicated they are trained in CPR of a cardiac arrest happening within 400 feet of their location in a public area. The software utilizes 911 dispatch information to trigger an auto notification to the user. The app is free. This process will allow the Hawaii Fire Department to leverage technology to help improve cardiac arrest survival rates here on Hawaii Island. 0 SEP 2 2 2016 SIGNED: DATE: Department Head Physio-Control,Inc PHYSIO 11811 Willows Road NE H P.O. Box 97006 CONTROL Redmond,WA 98073-9706 U.S.A. www.physio-control.com tel 800.442.1142 fax 800.732.0956 To FF MICT Jesse Ebersole Quote Number 00034727 Hawaii County Fire Department Revision# 1 25 Aupuni St.Ste#103 Hilo.W 96720 Created Date 4/4/2016 (808)938-5081 Sales Consultant Neha M.Shah runnfast@gmail.com 7149256342 FOB Redmond,WA Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 7/4/2016 Unit UnProduct Product Description Quantity List Price Discount t Puce Sales Pnce i PulsePoint Annual Licensing Fee-Tier 1. 1 year commitment.Serving 11600-000005 population size<300,000.Ensures performance,reliability and 1.00 8,000 00 0.00 8,000.00 8,000.00 Isupportsfuture upgrades. • PulsePoint Implementation Fee.Includes data source connection, • • 11600 000021 ',,complete testing and validation.AED registry organization.Technical 1.00 10,000 00 0.00 10,000.00 10,000.00 training.Community launch support and digital materials.All managed by dedicated project manager. • • Subtotal USD 18,000.00 Estimated Tax USD 0.00 Estimated Shipping&Handling USD 0.00 Grand Total USD 18,000.00 Pricing Summary Totals List Price Total USD 18,000.00 Total Contract Discounts Amount USD 0.00 Total Discount USD 0.00 Trade In Discounts USD 0.00 Tax+S&H USD 0.00 GRAND TOTAL FOR THIS QUOTE USD 18,000.00 Quote Number:00034727 PHYSIO-CONTROL,INC.REQUIRES WRITTEN VERIFICATION OF THIS ORDER. A PURCHASE ORDER IS REQUIRED ON ALL CUSTOMER APPROVAL(AUTHORIZED SiGNATURE) ORDERS$5,000 OR GREATER BEFORE APPLICABLE FREIGHT AND TAXES. THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE WITH THE TERMS AND PRICES NAME DENOTED HEREIN. TITLE DATE Reference Number JY/95031 General Terms loran Products.,Services and Subscriptions. Physio-Control; Inc. ("Physio") accepts Buyer's order expressly conditioned on Buyer's assent to the terms set forth in this document.Buyer's order and acceptance of any portion of the goods,services or subscriptions shall confirm Buyer's acceptance of these terms. Unless specified otherwise herein.these terms constitute the complete agreement between the parties.Amendments to this documentshall be in writing and no prior or subsequent acceptance by Seller of any purchase order,admowledgment;or other document from Buyer specifying different an dl'orad ditionaiter ms shall be effective un les s s i fined by both parties. Pricing_ Prices 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..Sales or use taxes on domestic(USA)deiveries will be invoiced in addition lo the price of the goods and services titers Physio receives a copy of a valid exemption certificate prior to delivery. Discounts may not be co rnbined with others pecial terms,discounts,an Nor promotions. Payment. Payment for goods and services shall be sutje t to approval of credit by Physio.Unless otherwise specified by Physio in writing,the entire paymentof an invoice is due thirty(30)days after tie invoice date for deliveries in the USA. and sight draft or acceptable(confirmed)irrevocable letter of credit is requi red for sales outside the USA. Minimum Order Cluantity. Phys io res ery es th e rigtt to charge a s ervice fee for any order less th an$200.00. Patent indemnity. Physio shall indemnify Buyer andhold it harmless from and against all demands.claims,damages,losses,and expenses. arising out of or resuilting,torn any action by a turd party against Buyer that isbased on any claim that tie services infringe a United States patent,copyright,or trademark,or violate a trade secret or any other proprietary right of any person or entity, :pilveiLt`Ss indemnificationobligations hereunder will be subject to f)receiving prompt written notice of tieexistence of any claim;(ii)being able to, at its option,control tie defense and settlement of such claim(provided that,without obtaining the prior written consent of Buyer, Physio will enter into no settlement invoking the admission of wrongdoing); and (iii) receiving full cooperation of Buyer in the defens a of any claim. Limitation of Interest.Through the purchase of Physic products,services,orsutscriptions„Buyer doesnot acquire any interest in any tooling,drawings,design information,computer programming,patents or copyrighted or confidential information related to said products or services, and Buyer expressly agrees not to reverse engineer or decompile such products or related software and inform>ation. Delays. Physic will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance restating from an event beyond its reasonable control,including but notlimitedto,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 Physio inability to obtain goods from its usual sources. Lianited Warranty. Physio warrants its products and services in accordance with the terms of the limited warranties located at http:lltvww.physio-controloomiDocumants). The remedies provided under such warranties shall be Buyer's sole and exclusive remedies. Physio makesno other warranties, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL PHYSIO BE LIABLE FOR INCIDENTAL,CO N SEQUENTIAL,SPECIAL OR OTHER DAMAGES. Compliance wth Confidentiality Laws. Both parties acknowledge tier respective obligations to maintain the security and confidentiality of individually identifiable health information and agree to comply with applicable federal and state health information confidentiality laws. Compliance wth Law.The parties agree to comply with any and alt laws,rules, regulations,licensing requirements or standards that are now or hereafter promulgated by any local,state, and federal governmental authority/agency or acorectltingladministratve body that governs o rap plies to th air respective duties and obligations hereunder. Regulatory Requirement for Access to information. in the event 42 USC §139b(vX1.)(l)is applicable, Physio shall make avail title to the Secretary of the United States Department of Health and Rumen Services,the Comptroller General of the United States.General Accounting Office,or any of their duly authorized representatives, a copy of these terms,such books,documents and records as are necessary to certifythe nature and extent of the costs ofth a products and services provided by Physio. No Debarment.Physio represents and warrants that it and its directors,officers, and employees(I)are not excluded,debarred,or otherwise ineligible to participate in the Federal health care programs as defined in 42 USC § 1320a-7b(f);{u)have not been convicted of a criminal offense related to the provision of healthcare items or services;and(ii)are not under investigation which may result in Physio being excluded from participation insuch programs. Choice of Law. The rights and obligations of Physio and Buyer relatedto the purchase and sale of products and services described in this document shall be governed by the laws of the state where Buyer is located..5I costs and expenses incurred by the prevailing party related toenforcement of its rights tinder this docurient, including reasonable attorney's fees,.shall be reimbursed by the other party. Additional Terms for Purchase and Sale of Software Licenses and Softwareas-Service. In addition to the General Termsabove,software and software-as-service is l icens ed(n ot sold)pursuant to the fo llowirngterm a: Licenses. U'ponfull payment,Physio will grant to Buyer the licenses to the Software andfor software-as-service ordered by Buyer according to the applicable End UserLicense Agreement or So ftuare-AsService Agreement. The duration of each license is the term of the subscription purchased by Buyer. Additional Terms Regan:Hind Wirele a Enabled Devices_ In additionto the General Terms above,the data services provided by a third party are pursuant to the following terms: Payments.Payments to Physic are non-xefirnclabieas they are incorporating into the pricing of the connected devices. Geokication. Buyer is responsible far maistarting the actual location()fare deviceswit inth eirfacilities.property or buildngs. Not Wireless Provider. Physic has contacted withan outside dataservices provider for the provisionof services on behalf of Buyer.Physic is not a telecommunications services company nor does it possess any telecommunications personal property.. Security, Buyer has the sole responsibility for ens uring tie security of its networkand data. Buyer wit take reasonable measures to p rotect a g al nst un authored access. No Guarantee. PHYSIO DOES NOT GUARANTEE SECURITY, UNINTERRUPTED DATA SERVICES, THE ACCURACY OF GEOLOCATIION. SERVICES, NET11tiORK TRANSMISSION CAPACITY, COVERAGE OR THE iNTEGRTTY OF THE DATA TRANSMITTED. Physic is not responsible for any consequential damages caused in any way by Buyer's hardware.software, n etworkor other Buyer responsibiliti.es. Quote Number:00034727 Additional Terms for Purchase and Sale of Software Impiementa lon Services. In addition to the General Terms above,th efo flowing terms ap pyto all purchases of Software Implementation Services from Physio: p, ylyig'ADuties.Physic agrees to make commercially reasonable efforts to.(i)commence implementatIon of all applicable software in accordance with a mutually agreed upon schedule;j i i)diligently perform the implementation process in a professional and wo-rkmariike manner.(iii)provide.the training as s odated with purchased subscriptions,components an dlor s oftware;and(iv) provide access to technical support. Buyers Duties.Buyer agrees to m eke comm ercial ly reas onable efforts to:(i)cooperate with and reas onatily as s stPhysio in the implementation process;(ii)have all equipment,connections a n d faciities prepared and ready fo rim pl emertatt on in accordance with the mutually ag reed upon schedule. Completion of Implementation.Implementation is corn pi ete when Buyer is able to transmitireceive data through the implemented software. Fees and Billing.Upon implementation,.Physio shall provide Buyer with an invoice settingforththe amount due.Ifimplementation is delayed by more than six(6)months,solely due to Buyer's delay,Physio reserves the right to invoice prior to implementation. Payment is due thirty(3O)days after receipt of invoice Confidential Information.In the course of p erform ing Implementation Services,each party may receive,be exposed to o r acquire confidential and/or proprietary i nformation of the other party('Confr denial Information").Ail Confidential Information disclosed by a party will bear a I eg end"Confideritial,'"Proprietary'Or wordsof similar import.Al I Confidential Information d isdos ed by a party in any manner other than in wrti ngwill be preceded by an oralstatement indi cating th at the information is Confidential Information Eachparty agrees totake reasonable steps to prated the other party's Confidential Information induct ng not disclosing it to third parties except as otherwise permitted.The restrictions and obligations up on tl'i a parties concerning confident'arty shall not apply to any portion ofth eConfidential Information of either partywhich:(a)is or becomes publicly available toth a receiving party through no faultof such receiving party;or(b)canbe teas o natty demonstrated to have been known to o r h ereafter developed by th e receiving p arty in dependently of any disclosure of Confidential Information by the disdosing party;or(c)is d isdosedto the receiving. party by a third party who,to th a best ofth a receiving party's knowledge,is lawfuty in possession of th a same and h as the right to make such disclosure. Warranties.Physio represents andwarrants th at it will p reside th a Services in a professional and wo rk.manl ike manner consistent with good industry standards and practices.Physio warrants that the Service will perform in material respect+fo r a period oft fee (3)months after im pl emerrtati on.As Buyer's sole and exclusive remedy and P.,;h:Y>s:;:s.,entire I iabil ltyfor any breach ofth a foregoing warranty,Physiowit re-performthe Services,or,if Physic is unableto do so,return the fees paid to Physio for such deficient Services.Except as sp edfcally s et forth herein,Physio expressly disclaims any and all warranti es with respect to the services, INCLUDING WITH°UT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.Physic does not warrant that the serviceswi II be uninterrupted or error-free. Exclusions and Limitations of Liability In no ev en t shall Physio be liable to Buyer or other emp koyee,contractor or agent for any indirect,incidental,special,or consequential damages arising in connection with th is agreement(whether i nwarranty,.contract or tort,includingnegligence,and even if Physio has been advised ofthepossibi thereof),including without-limitation medical expenses,toss of revenue or profits;or damages resulting from interrupt ons in or un availability o f tel ecom muricati orfs or Int er net connections to the service,or from the impact ofthe:services on any Buyer system. PHYS€O'S TOTAL LIABILITY TO BUYER FOR DAMAGES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT AND OTHER'W ISE ARISING UNDER HI SAG REEMENT REGARDLESS OF THE BASIS UNDER WHICH.BUYER. IS ENTITLED TO CLAIM DAMAGES(INCLUDING BREACH,NEGLIGENCE,OR ANY OTH.ER CONTRACT OR TORT CLAIM) SHALL NOT EXCEED THE FEES DUE HEREUNDER.EACH PARTY RECOGNIZES AND AGREES THATTHE WARRANTY DiSCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED-FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE.BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CO N SIDERATION TO BE GMWEN BY EACH PARTY UN DER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER.INTO THIS AGREEMENT. Quote Number:00034727 KAREN EOFF `'• ••"•!!%'.. AARON S.Y. CHUNG Chairperson V.14: MAILE"MEDEIROS"DAVID • " ,�� GREGGOR ILAGAN VALERIE T. POINDEXTER :• i DRU MAMO KANUHA Vice Chair „, °: DENNIS"FRESH"ONISHI ' DANNY PALEKA MARGARET WILLE HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 October 4, 2016 Dru Mamo Kanuha, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: Resolution No. 666-16 : RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE LICENSING AND IMPLEMENTATION OF PULSEPOINT APPLICATION SOFTWARE FROM THE HILO MEDICAL CENTER FOUNDATION, FOR USE BY THE HAWAI`I FIRE DEPARTMENT Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, coktoge.4.4k.-- 41+— r/Karen Eoff, Chairperson Committee on Finance Approved1Date/Waive to Council: Disapproved/Date/Refer to FC: 2016 5Dru Mamo Kanuha, Chairperson Dru Mamo Kanuha, Chairperson Hawai`i County Council Hawai`i County Council KE/wb Hawai`i County is an Equal Opportunity Provider and Employer