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Item C07C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting June 20, 2018 Agenda Item Number: C.7 Agenda Item Summary #4148 BULK ITEM: Yes DEPARTMENT: Emergency Services TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289 -6020 N/A AGENDA ITEM WORDING: Approval to sign a contract with OneBlood, Inc., for procurement, storage, and distribution of blood components required for air ambulance transportation to meet required Trauma Star medical protocols. ITEM BACKGROUND: One Blood is located all over Florida, heavily saturated in South Florida, and they currently service all of the Hospitals in Monroe County and South Florida as well as most of the State. They physically pick up and deliver blood at no additional cost. They offer O neg blood and they are also the blood bank that does all the local blood drives for Monroe County. They also offer the lowest cost option. In accordance with Purchasing Policy, three vendors were evaluated for this service with OneBlood offering the lowest overall cost and best service options based on the needs for Monroe County. PREVIOUS RELEVANT BOCC ACTION: BOCC 3/21/18 (C6) Item was withdrawn from Revised Agenda for needed revisions. CONTRACT /AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Blood Vendors Memo Monroe County BSA 07 -01 -2018 to 06 -30 -2023 FINANCIAL IMPACT: Effective Date: 7/1/18 Expiration Date: 6/30/23 Total Dollar Value of Contract: Approximately $15,000 Total Cost to County: Approximately $15,000 Current Year Portion: $2,200.00 Budgeted: Yes Source of Funds: 101 - 11001- 530520 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: Initial setup cost to be incurred in FYI is $2,200.00. This amount can be absorbed into the existing budget. Subsequent years will be budgeted according to usage and not expected to exceed $3,000 per year. 03/21/18 101 -11001 - MEDICAL AIR TRANSPORT Blood Supplies REVIEWED BY: $2,200.00 Pedro Mercado Completed 06/01/2018 2:49 PM James Callahan Completed 06/01/2018 2:53 PM Budget and Finance Completed 06/01/2018 4:01 PM Maria Slavik Completed 06/04/2018 10:57 AM Kathy Peters Completed 06/04/2018 11:37 AM Board of County Commissioners Pending 06/20/2018 9:00 AM County of Monroe The Florida Keys s , DATE: FEBRUARY 22, 2018 TO: TAMIKA HINES, FINANCE - PAYROLL ASSIS BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 TANT FROM: ANDREA THOMPSON, CAPTAIN, EMERGENCY SERVICES DEPARTMENT SUBJECT: BLOOD VENDORS I reached out to three blood bank services, these are the only ones I was able to locate in Florida. Suncoast Community Blood Center, LifeSouth Blood Center, OneBlood. Suncoast Community Blood Center is located in Sarasota and says they used to provide blood to Bayflight Tampa, because it's a local air ambulance program, they currently do not service our area or offer delivery services to our area. Life South Blood Center is located in Gainesville Florida. The hospitals they serve are all in the Jacksonville, and Gainesville Florida. They also service multiple air ambulance programs. I reached out to them and received a call back, however because they do not service any hospitals in our area or even South Florida area they only offer a FedEx option for the blood, which requires us to receive it via FedEx and then repackage the blood 14 days before the expiration date to avoid absorbing the cost of the blood and wasting it. I have concerns with the waste, cost and additional workload for this option, as well as the additional shipping costs every 28 days. I attached an email outlining the cost of their service including estimated cost of shipping. The estimated shipping cost would be about every 28 days and each way. ($40.00 x 13 times a year $520 a yr) They also will not supply O neg blood which is the blood type we prefer to carry (universal donor) OneBlood is located all over Florida, heavily saturated in South Florida, they currently service all of the Hospitals in Monroe County and South Florida as well as most of the State. They physically pick up and deliver blood at no additional cost. They offer O neg blood and they are also the blood bank that does all the local blood drives for Monroe County. They are also offer the lowest cost option. Thank you, Andrea Thompson Captain of EMS & Trauma Star Monroe County Fire Rescue BLOOD AND BLOOD COMPONENTS SUPPLY AND SERVICES AGREEMENT Dated as of June ^, 2018 By and Between ONEBLOOD, INC. ( "OneBlood ") BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA d/b /a MONROE COUNTY FIRE RESCUE ( "County ") SUPPLY AGREEMENT WITNESSETH: NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Definitions. As used in this Agreement, the following capitalized terms shall have the respective meanings as follows: "AABB," shall mean AABB, formerly known as the American Association Blood Banks, and any successor accrediting agency for blood banks. I "Agreement" shall mean this Blood and Blood Components Supply Agreement, together with all written am ' endments hereto hereafter executed and delivered by the parties in the manner contemplated hereby. "Applicable Law" shall have the meaning set forth in Subsection I I (a) of this Agreement. �f- "Cause" shall mean cause adequate to support a party's termination of this Agreement, which shall consist of the other party's failure, after the applicable notice and cure period, to perform or observe any material covenant or obligation contained in this Agreement, "Components" shall mean transfusable human blood cellular and plasma products, all as more specifically described on Exhibit A attached hereto, and such other compo.-ce-tts, if-vt 1 '1111 i-111 11 IM =41 111�21BIKIE; "Confidential Information" shall have the meaning set forth in Subsection I I (h) of this Agreement. Trauma Star Hangar 5655 McDonald Ave Ll Key West, FL 33040 "Effective Date" shall mean the date on which this Agreement shall become effective and OneBlood shall commence providing Components to County hereunder, which shall be July 1, 2018. "FDA" shall mean the U.S. Food and Drug Administration, an agency of the U.S. government, together with any successor agency. "Federal Electronic Transactions, Regulations" shall mean the federal standards for electronic transactions contained in the Federal Electronic Transactions Regulations, 45 C.F.R. F"arts 160 and 162, as amended. "Federal Health Care Prouams" shall mean the federal health care programs as defined in 42 U.S.C. Section 1320a-7b(o, as amended. "Federal Privacy Regulations" shall mean the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164, as amended. "Federal Security Regglations" shall mean the federal security standards contained in 45 C.F.R. Parts 160,162 and 164, as amended. "GAO" shall mean the Comptroller General of the General Accounting Office the United States. i "HCV" shall mean hepatitis C virus. Z "HHS" shall mean the Department of Health and Human Services of the United States. "HIPAA" shall mean the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d- 9, as amended. "HIPAA Reguirements" shall mean HIPAA and any current and future regulations promulgated thereunder including, without limitation the Federal Privacy Regulations, the Federal Security Regulations, and the Federal Electronic Transactions Regulations. "HITECH" shall mean the Health Information Technology for Economic and Clinical Health Act of 2009, as codified at 42 U.S.C. § 1793 1, as amended. "HIV" shall mean human immunodeficiency virus. 1 01 , 74 114 t;1 I "OneBlood" shall mean OneBlood, Inc., a Florida not-for-profit corporation, exem from federal inco e 4 1 r83 a PR I - I O Mo , I "Protected Health Information" shall mean protected health information, as defined in 45 C.F.R. Section 160.103, as amended. 9=1104 Erg I 1 0 6 grow I IM11 may be more specifically set forth in one or more supplemental writings executed by OneBlood and County, which shall become part of this Agreement and subject to the terms hereof. "Standards" shall mean the relevant and applicable rules, regulations and guidelines governing the procuring, storage and preservation of the Components promulgated from time to time by the FDA Center for Biolq-pics Evaluation and ReviM. the AABB and/or o6ra7-7gW. ovy agencies or other organizations. 1, 11 EM IT-6 I II I ZM 2. Basic Su gply and S ervices. , u (a) Requirements Contract. Subject to the limitations set forth in Subsection 211 erjRJdj&aAr-kM "w, 0 MM =%s RT (e) County Responsibilities. County shall be responsible for controlling orde!! for Components b.. verifying orders from County physicians or other personnel or for controlling the use Components by them. In addition, where applicable, County will be responsible for the prop labeling of request forms and patient specimens. I (f) Returns. County may return Components obtained from OneBlood and receive credit for the fees charged by OneBlood, as permitted under OneBlood's return policies in effect from time to time; provided, that all of the requirements listed below are met: (2) The returned unit has documentation that, during County's custody, all rules and requirements of the FDA and the standards of the AABB have been met for the storage and handling of the unit. M (3) The returned unit must be acceptable for re-issue, provided that the same unit was delivered to County in an acceptable condition for issue. (4) The expiration date for the returned unit does not exceed the following limits: Red Blood cells — ten (10) days or more from the date of return. Notwithstanding the foregoing, selected special order units of Components, including but noi limited to the following, are NOT returnable for credit: Any Component that is returnable for credit and re-issue is a resource of the regional community serviced b Oneffloodowk2n�wmg -N. _R'_ im-m2f IVFIU to enable OneBlood to respond to an imminent transfusion need for that Component by another customer of OneBlood. Returns and fee credits are subject to the conditions and limitations contained herein or in OneBlood's return policies in effect from time to time. WOMWITIRIMM IN r7l WC . I e to Iffne ny provicing County thirty (3+) days' Fwrior written notice of any such change. 3. Onefflood's Charges. As consideration for its providing Components under this Agreement, One Blood shall be entitled to compensation as follows: (a) Ch - -. gEges. V such as transfusion reaction interpretations, antibody workup recommendations, etc., in circumstances where County is unable iff Medicare, Medicaid or other third party payors. (b) Charges for Components. The initial level of OneBlood's charges for Components and certain services shall be as set forth in Exhibit A attached hereto. However, OneBlood's charges for any or all of such Components and such services may be adjusted by *neBlood upon thirty (30) days' prior written notice to County of the new charges applicable to Zuch Components or services. (1) a report summarizing County's use of all Components, by classification of each Component, during the preceding month; and (2) a report indicating the number of single units of Components yrovided to County during the preceding month. (f) 5.ales -Taxes. County, as a political subdivision of the State of Florida, is exempt from sales taxes; therefore, Components or Services provided to County under this Agreement shall be exempt from sales taxes. M unnl�� (a) Routine Delivery of Red Blood Cells and Plasma Components. OneBlood will be responsible for one routine delivery per week (Monday, Wednesday or Friday), if required, for red blood cells and plasma Components to County. Such routine delivery for red blood cells and plasma Components shall be without charge to County. 5. PILay. Neither party shall be responsible for delays, failures or omissions not be overcome with the exercise of diligence or commercially reasonable efforts. The time for performance shall be deemed extended for a period equal to the duration of such event. This provision shall not excuse any delay in the payment of money. 7. Term and Termination. lirl iiil 111 I FIV 111111 . I T . I I I I i (1) Either party hereto may terminate this Agreement with or withou, Cause upon one hundred eighty (180) days' prior written notice to the other party; provided, that the parties may not terminate this Agreement without Cause until after th� first anniversary of the Effective Date. In the event of such termination under this Jubig I _ aT,, g aig 't. r J ill J k 1 , 1 A (2) Either party hereto may terminate this Agreement for Cause that shall not have been cured within sixty (60) calendar days following the non-terminating party's receipt of written notice thereof specifying the Cause. In the event of such ten under this Subsection 7(b)(2), any and all charges outstanding at termination will be due and in accordance with Subsection (c) Survival of Obligations. All obligations of the parties for any period prior It r 1 1 1 r r "W&W Wyvlri AWqUffITM survive the termination of this Agreement, and any termination or expiration of this Agreement shall be without prejudice to any claims for damages or other rights against the other party that preceded or resulted from termination or expiration. OneBlood will affect the safety of Components provided hereunder. (b) Lookback. In compliance with the applicable rules of the FDA andYor the accrediting standards of the Joint Commission, OneBlood hereby agrees: (1) to notify County within seventy-two (72) hours after OneBlood lookback, but only if such donor made previous donations from which Components were sent to County that still could remain in available inventory; MSRI MI R, M-1 ar"11111VA9 (3) to notify County within three (3) calendar days after OneBlood determines that it hai su-niied Components collected from a donor who tested :ygo6wmi the time • the donation but subsequently tested reactive for HIV, HBV, or HCV on a later donation, or subsequently is determined by OneBlood to be at increased risk for transmitting HIV, HBV or HCV; and (4) to notify County, within forty-five (45) days after the initial test, of the results of any supplemental screening test for HIV, HBV or HCV, or any other follow- up testing required by the FDA, to complete the notification above in Subsection 9(b)(3). The purpose of such notification is to enable County to take proper health and safety steps to minimize further spread of infection. OneBlood shall comply with its obligations under the rules referenced in subsection above in a manner consistent with-'evtr &a • rules. Notification will be made by telephone followed up by written notification to be sent or given in the manner contemplated by Subsection 13(d) of this Agreement. u (1) Onefflood shall keep such books and records as are required by Section 6 of this Agreement. 1 �) (3) Subject to subsection (2), upon request from County's custodian of public records, OneBlood will provide County with a copy of the requested records or allow the records to be insijgcted or co - 81 County that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (4) Both parties will ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of this Agreement. 13. Miscellaneous. The following provisions shall govern this Agreement: (1) Section and Subsection headings used in this Agreement are foT convenience of reference only and in no way define, limit or describe the scope or intent of this Agreement or affect its provisions. (2) Whenever used herein, the singular shall include the plural, the Ftlural the singular, and the use of any gender shall include all genders. u RN (3) The parties shall be deemed to have participated equally in t [wreparation of this Agreement, and this Agreement shall not be construed more stri 7gainst one party than against the other. Ctl M (e) Invalid Provision. The invalidity or unenforceability of any term or proon of this Agreement or the non-applicability of any such term or provision to any person or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect and shall be construed as if such invalid, unenforceable or non-applicable provisions were omitted. (h) Waiver. No failure or delay on the part of either party in exercising any fight or remedy under this Agreement shall operate as a waiver. No provision of this Agreement may be waived except speccally and in writing. G) Assigment. Neither party may assign this Agreement without first obtaining the prior written consent of the other party. 0) Survival. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement shall survive the eXDiration or r-r-KiIj INIII)WItl ("InUd loom IT.", M, (k) No Use of Name. Neither party will use the name of the other party, or of 2Lny of its employees, for promotional or advertising purposes without prior written permission from the other party. 15 znd apart, ferior to, or superior to the community in !r : ©? or for the purposes contemplated in » ƒ¥ >,..: nt. (x) No Personal Liabilit . No covenant or agreement contained herein shall deemed to be a covenant or agreement of any member, director, officer, agent or employee County or OneBlood, in 2< # < \© r individual capacity; and no member, officer, agent or employ or OneBlood shall be liable personally on this Agreement or be s t to any ubjec person liabilit y or accountability by reason of the execution #§§ ? Agreement. 11 of County » 2 # »«!, # f! . J & M IN WITNESS WHEREOF, the parties hereto, acting through their officers or representatives thereunto duly authorized, have executed and delivered this Agreement as of the day and year first above written. 011EBLOOD, IN 4ur1 hy, Jr. ancial. and Administrative 0 "COUNTY" (SEAL) ATTEST: KEVIN MADOK, CLERK 0 Print Name: P 0 0 11 k a 0 0 • M 0 a k4lp - L410019104PASM lsm� 0191810 By: • • • �f- llut MMU�Mllkltj COMM, 91 Exhibit A Identity and Initial Charges for Components and Certain Services Exhibit B Invoice Requirements Identity and Initial Charges for Components and Certain Services Onel3lood Fee List [Effective January 4, 2018 Item # Item Description Fee 20201 Red Blood Cells Leukoreduced $230.00 23400 Plasma (Liquid) 59.00 51004 Non-Crossmatch Set Up 44.00 51201 ABO Group & Rh Type 34.00 51355 Transportation Fees - Priority Shipment Services Area — 06 202.00 > Hialeah Distribution Hub to Trauma Star Hangar in Marathon, FL 51356 Transportation Fees - Priority Shipment Services Area — 07 271.00 ➢ Hialeah Distribution Hub to Stock Island Fire Station 98 in Key West, FL 7.52 u rim 04*6 1cad, i nc. 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