REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF INLAND COUNTIES EMERGENCY MEDICAL AGENCY
AND RECORD OF ACTION
March 11, 2025
FROM
DANIEL MUÑOZ, Interim EMS Administrator, Inland Counties Emergency Medical Agency
SUBJECT
Title
Purchase Order with DLX Enterprises, LLC for Disaster Related Shelter Equipment
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the Inland Counties Emergency Medical Agency:
1. Approve DLX Enterprises, LLC’s Standard Terms and Conditions, including a non-standard term, for the purchase of disaster-related shelter equipment.
2. Authorize the Purchasing Agent to issue a Purchase Order to DLX Enterprises, LLC to purchase disaster-related shelter equipment, as unbudgeted capital assets, in an amount not-to-exceed $250,000, subject to the terms and conditions in Recommendation No. 1.
3. Authorize the Purchasing Agent to issue future purchase orders, for up to five years, subject to the terms and conditions in Recommendation No. 1.
4. Approve appropriation adjustments and authorize the Auditor-Controller/Treasurer/Tax Collector to post necessary budget adjustments, as detailed in the Financial Impact section (Four votes required).
(Presenter: Daniel Muñoz, Interim EMS Administrator, 388-5823)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The fiscal year 2024-25 budget adjustments below will allow Inland Counties Emergency Medical Agency (ICEMA) to purchase disaster preparedness equipment and receive reimbursement revenue, via extension funds, from the Hospital Preparedness Program (HPP) grant. If future purchases are made, future purchase orders will be within the Purchasing Agent’s authority, pursuant to County policy.
|
Cost Center |
Commitment Item |
Description |
Action |
Amount |
|
1110002685 |
40509094 |
Federal - Grants |
Increase |
$202,000 |
|
1110002685 |
55305030 |
Operating Transfers Out |
Increase |
$202,000 |
|
1110002686 |
40909975 |
Operating Transfers In |
Increase |
$202,000 |
|
1110002686 |
54404040 |
Equipment |
Increase |
$250,000 |
|
1110002686 |
52002135 |
Special Department Expense |
Decrease |
$48,000 |
BACKGROUND INFORMATION
ICEMA is the local Emergency Medical Services (EMS) agency for the counties of San Bernardino, Inyo, and Mono. ICEMA administers State and local codes and regulations governing the provision of emergency medical care to the sick and injured at the scene of an emergency and during transport to a care facility.
The HPP provides support to local hospitals and other healthcare facilities to improve and enhance community and healthcare system preparedness for medical and public health emergencies. This program increases the County’s ability to support effective mutual aid by providing disaster supplies and purchasing equipment, such as disaster medical shelters and personal protective equipment, for healthcare facilities in a disaster, and ensuring greater cost recovery for County disaster services.
Regional Disaster Planning grant funding is provided by the California Department of Public Health (CDPH) for the Health Care Coalition, that coordinates the County’s health care organizations, to develop continuity plans and assist with medical readiness. The hospitals request disaster items annually. This grant funding also supports stakeholder assistance with disaster planning.
On June 13, 2023 (Item No. 83), the Board of Directors (Board) accepted a grant award in the amount of $2,970,554 and approved Grant Agreement No. 22-10676 with CDPH, for hospital emergency preparedness, for the period of July 1, 2022 through June 30, 2027. CDPH receives federal funding to support the HPP grant. Each year, unused funds are rolled over and may be reallocated to spend the following year; these funds are referred to as extension funds. However, budget approval of reallocating the extension funds was delayed by CDPH and its federal counterpart, Administration for Strategic Preparedness and Response. Due to the delayed approval of the extension funds, the revenue and expenditure of these funds was not included in ICEMA’s 2024-25 budget.
Approval of this item will allow ICEMA to make necessary budget adjustments to appropriate revenue and expenditures, primarily tied to approved extension funds, to purchase disaster medical shelters and other equipment related to disaster preparedness. DLX Enterprises, LLC’s (Contractor) Standard Terms and Conditions (Terms) include a term that differs from the standard ICEMA contract. The non-standard term includes the following:
The Terms do not require the Contractor to indemnify ICEMA.
• County Policy requires the contractor to indemnify ICEMA against all claims arising out of the contract from any cause whatsoever.
• Potential Impact: Contractor is not required to defend, indemnify or hold ICEMA harmless from any claims, including indemnification for claims arising from Contractor’s negligent or intentional acts. If ICEMA is sued for any claim based on its use Contractor’s equipment or services, ICEMA may be solely liable for the costs of defense and damages.
ICEMA recommends approval of the Terms, including the non-standard term, because the benefits to the County and ICEMA in acquiring the disaster-related shelter equipment for disaster planning and preparedness outweigh the potential risk. Recommendation No. 3 requests authorization for the Purchasing Agent to make potential future purchases, within the amounts established by County policy, for like equipment from the Contractor.
PROCUREMENT
The Purchasing Department supports this non-competitive justification procurement based on equipment/system compatibility. The disaster shelters are medical grade shelters, designed to support hospitals in the event of a disaster. They include specialized equipment, such as decontamination rinse areas, showers, water heaters, and ventilation equipment. These pieces are interconnectible with related equipment ICEMA has already purchased. The different equipment modules can be set up in a customized fashion to fit many potential disaster responses.
County Policy 11-04, Procurement of Goods, Supplies, Equipment, and Services, requires Departments seek Board approval for all non-competitive purchases of goods in excess of $200,000 annually. Approval of this item will allow the Purchasing Agent to issue a non-competitive Purchase Order in an amount not to exceed $250,000.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-5455) on March 6, 2025; Risk Management (Greg Ustaszewski, Staff Analyst II, 386-9008) on January 31, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on February 7, 2025; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on February 27, 2025; Finance (Carl Lofton, Administrative Analyst, 387-5404) on February 24, 2025; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on February 24, 2025.