6.6 Purchase Monitor/Defibrillators/Pacers
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/23/2009 4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 6 AGENDA:
FIRE DEPARTMENT
ITEM
NO. 6
BY:
BY: Marvin VanBlaricon
Page 1
ITEM:
Approve the purchase of three (3) E Series ACLS Manual Monitor/Defibrillators/Pacer with 12 Lead
capability and the upgrade of one (1) E Series monitor and one (1) AutoPulse resuscitation system.
BACKGROUND:
On January 26, 2009, bids were received by Zoll Medical Corporation for 3 E Series
Monitor/Defibrillator/Pacing with 12 Lead capabilities. In addition an upgrade to a current Zoll E Series
was also bid. Zoll also bid on an AutoPulse system with generates consistent and uninterrupted chest
compressions during cardiac arrest. This a sole source bid due to compatibility with our current
cardiac monitor/defibrillator/pacer and our communication software just recently purchased for
wireless connection from the field directly to the hospital ED.
Bidder Monitor Base Bid# of Monitors Total Bid
Zoll Medical Corp E Series $19,808.10 3$59,424.30
Zoll Medical Corp CAPNO 5 $3,600.00 3$10,800.00
Zoll Medical Corp E Series $4,000.00 1 E Series Upgrade $4,000.00
Zoll Medical Corp PD1400(-) $400.00 Trade in (-)$400.00
Zoll Medical Corp AutoPulse $8,796.00 1$8,796.00
Zoll Medical Corp AutoPulse $575.00 3 Batteries $1,725.00
Zoll Medical Corp AutoPulse $1,436.00 Battery Charger $1,436.00
Zoll Medical Corp AutoPulse $375.00 LifeBand 3 pak $375.00
Zoll Medical Corp AutoPulse $395.00 Soft Carry Case $395.00
Zoll Medical Corp Discount Package (-)$11,951.30
$74,600.00
The sole source bid was thoroughly evaluated by the members of department’s EMS ambulance and
equipment purchasing committee.
This purchase will complete the departments attempt to bring all the ALS medic units to the same
level of capability.
FISCAL NOTE:
The total cost of the requested purchase is $86,951.30 with a Resuscitation Discount Package from
Zoll Medical of $11,951.30 and a trade in deduction of $400.00 to a total cost of $74,600.00.
$75,000.00 was budgeted in the CIP account with anticipation of this purchase.
CONFORMANCE WITH THE STRATEGIC PLAN:
Goal #3:
The City will provide the highest qualify of services, consistent with Governing Body
direction, available resources and staff commitment to quality.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/23/2009 4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 6 AGENDA:
FIRE DEPARTMENT
ITEM
NO. 6
BY:
BY: Marvin VanBlaricon
Page 2
COMMISSION ACTION:
Fire Administration recommends consideration of the following options:
1. Approved the purchase of the monitor/defibrillator/pacing units and AutoPulse system from Zoll
Medical Corporation in the amount of $74,600.00
2. Approve an alternative and provide direction to the Fire Department.
The Fire Administration recommends Option 1.
ZOLL QUOTATION GENERAL TERMS & CONDITIONS
9. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE
1. ACCEPTANCE.
This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL
Customer the equipment (including a license to use certain software) listed in this Quotation and CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION
described in the specifications either attached to or referred to in this Quotation (hereinafter referred to OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR
as Equipment). Any acceptance of such offer is expressly limited to the terms of this Quotation, including SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
these General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (i) WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE.
any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or
10. PATENT INDEMNITY.
employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation ZOLL Medical Corporation shall at its own expense defend any suit that may
of any purchase order, specification, or other document issued by the Customer. Any such document be instituted against the Customer for alleged infringement of any United States patents
or copyrights
shall be wholly inapplicable to any sale made pursuant to this Quotation, and shall not be binding in any related to the parts of the Equipment or the Software manufactured by ZOLL Medical
Corporation,
way on ZOLL Medical Corporation. provided that (i) such alleged infringement consists only in the use of such Equipment or the Software by
itself and not as a part of or in combination with any other devices or parts, (ii) the Customer gives ZOLL
Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical
Corporation
Corporation and the Customer (hereinafter referred to as the “Contract” the terms and conditions of through counsel of its choice, to answer the charge of infringement and defend such
suit, and (iii) the
which are expressly limited to the provisions of this Quotation including these Terms and Conditions. No Customer gives ZOLL Medical Corporation all requested information, assistance
and authority at ZOLL
waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding Medical Corporation’s expense, to enable ZOLL Medical Corporation to defend
such suit.
on ZOLL Medical Corporation unless such waiver, change or modification (i) is made in writing (ii)
expressly states that it is a waiver, change or modification of this Quotation or the Contract and (iii) is In the case of a final award of damages for infringement in any such suit,
ZOLL Medical Corporation will
signed by an authorized representative of ZOLL Medical Corporation. pay such award, but it shall not be responsible for any settlement made without its written consent.
2. DELIVERY AND RISK OF LOSS.
Unless otherwise stated, all deliveries shall be F.O.B. ZOLL Section 10 states ZOLL Medical Corporation’s total responsibility and liability’s, and the Customer’s sole
Medical Corporation’s facility. Risk of loss or damage to the Equipment shall pass to the Customer upon remedy for any actual or alleged infringement of any patent by the Equipment or
the Software or any part
delivery of the Equipment to the carrier. thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect,
special, or consequential damages resulting from any such infringement.
3. TERMS OF PAYMENT.
Unless otherwise stated in its Quotation payment by Customer is due thirty
11. CLAIMS FOR SHORTAGE.
(30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable Each shipment of Equipment shall be promptly examined by the
hereunder which remain unpaid after the date shall be subject to a late charge equal to 1.5% per month Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation
of any shortage in
from the due date until such amount is paid. any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10)
day period, the shipment shall be conclusively deemed to have been complete.
4. CREDIT APPROVAL.
All shipments and deliveries shall at all times be subject to the approval of
12. RETURNS AND CANCELLATION.
credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any (a) The Customer shall obtain authorization from ZOLL Medical
shipment or delivery except upon receipt of payment or security or upon terms regarding credit or Corporation prior to returning any of the Equipment. (b) The Customer receives authorization
from ZOLL
security satisfactory to ZOLL Medical Corporation. Medical Corporation to return a product for credit, the Customer shall be subject to a restocking charge
of twenty percent (20%) of the original list purchase price, but not less than $50.00 per product. (c) Any
5. TAXES & FEES.
The pricing quoted in its Quotation do not include sales use, excise, or other similar such change in delivery caused by the Customer that causes a delivery date greater than six (6)
months
taxes or any duties or customs charges, or any order processing fees. The Customer shall pay in from the Customer’s original order date shall constitute a new order for the affected
Equipment in
addition for the prices quoted the amount of any present or future sales, excise or other similar tax or determining the appropriate list price.
customs duty or charge applicable to the sale or use of the Equipment sold hereunder (except any tax
13. APPLICABLE LAW.
based on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL may This Quotation and the Contract shall be governed by the substantive laws of
apply from time to time. In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax the Commonwealth of Massachusetts without regard to any choice of law provisions
thereof.
exemption certificate acceptable to the taxing authorities.
14. COMPLIANCE WITH LAWS.
(a) ZOLL Medical Corporation represents that all goods and services
6. WARRANTY.
(a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the date delivered pursuant to the Contract will be produced and supplied in compliance with all applicable
state
of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporation’s facility, the and federal laws and regulations, including the requirements of the Fair
Labor Standards Act of 1938, as
Equipment (other than accessories and electrodes) will be free from defects in material and workmanship amended. (b) The Customer shall be responsible for compliance with any federal,
state and local laws
under normal use and service for the period noted on the reverse side. Accessories and electrodes shall and regulations applicable to the installation or use of the Equipment furnished
hereunder, and will obtain
be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical any permits required for such installation and use.
Corporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporation’s
15. NON-WAIVER OF DEFAULT.
sole option) any part of the Equipment found by ZOLL Medical Corporation to be defective in material or In the event of any default by the Customer, ZOLL Medical
workmanship. If ZOLL Medical Corporation’s inspection detects no defects in material or workmanship, Corporation may decline to make further shipments without in any way effecting its
right under such
ZOLL Medical Corporation’s regular service charges shall apply. (b) ZOLL Medical Corporation shall not order. If, despite any default by Customer, ZOLL Medical Corporation elects to
continue to make
be responsible for any Equipment defect failure of the Equipment to perform any specified function, or shipments its action shall not constitute a waiver of any default by the Customer
or in any way affect
any other nonconformance of the Equipment caused by or attributable to (i) any modification of the ZOLL Medical Corporation’s legal remedies regarding any such default. No claim or right
arising out of a
Equipment by the Customer, unless such modification is made with the prior written approval of ZOLL breach of the Agreement by the Customer can be discharged in whole or in part by waiver
or
Medical Corporation: (ii) the use of the Equipment with any associated or complementary equipment renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in
accessory or software not specified by ZOLL Medical Corporation, or (iii) any misuse or abuse of the writing signed by ZOLL Medical Corporation.
Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating
16. ASSIGNMENT.
constraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment other This Quotation, and the Contract, may not be assigned by the Customer without
the
than in accordance with ZOLL Medical Corporation’s instructions. (c) Warranty does not cover items prior written consent of ZOLL Medical Corporation, and any assignment without such
consent shall be
subject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cables null and void.
and accessories. (d) The foregoing warranty does not apply to software included as part of the
17. TITLE TO PRODUCTS.
Equipment (including software embodied in read-only memory known as “firmware”). (e) The foregoing Title to right of possession of the products sold hereunder shall remain with
warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to
the carrier and
Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical
Corporation.
WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR Corporation the right, without liability to repossess the Equipment, with or without notice, and to avail
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR itself of any remedy provided by law.
FITNESS FOR A PARTICULAR PURPOSE.
18. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION.
7. SOFTWARE LICENSE.
(a) All software (the “Software” which term shall include firmware) included as VETERAN’S EMPLOYMENT - If this order is subject to Executive Order 11710 and the
part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms rules, regulations, or orders of the Secretary of Labor issued thereunder the contract
clause as set forth
hereinafter set forth, (b) Customer may not copy, distribute, modify, translate or adapt the Software, and at 41 CFR 60-250.4 is hereby included as part of this order.
may not disassemble or reverse compile the Software, or seek in any manner to discover, disclose or
use any proprietary algorithms, techniques or other confidential information contained therein, (c) All EMPLOYMENT OF HANDICAPPED - if this order is subject to Section 503 of the
rights in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right Rehabilitation Act of 1973, as amended and the rules, regulations or orders of
the Secretary of Labor as
or interest therein except as expressly provided herein. (d) Customer’s right to use the Software may be issued thereunder, the contract clause at 41 CFR 60-741.7 is hereby included
as part of this order.
terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this
quotation, (e) Customer may transfer the license conferred hereby only in connection with a transfer of EQUAL OPPORTUNITY EMPLOYMENT - if this order is subject to the provisions of
the Equipment and may not retain any copies of the Software following such transfer. (f) ZOLL Medical Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary
of Labor
Corporation warrants that the read-only memory or other media on which the Software is recorded will be issued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4
(b) are hereby included
free from defects in materials and workmanship for the period and on terms set forth in section 6. (g) as a part of this order and Seller agrees to comply with the reporting requirements
set forth at 41 CFR
Customer understands that the Software is a complex and sophisticated software product and no 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1.40.
assurance can be given that operation of the Software will be uninterrupted or error-free, or that the
19. VALIDITY OF QUOTATION.
Software will meet Customer’s requirements. Except as set forth in section 7(f), ZOLL MEDICAL This Quotation shall be valid and subject to acceptance by the
CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof.
SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR After such period, the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation
MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. and shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL Medical
Customer’s exclusive remedy for any breach of warranty or defect relating to the Software shall be the Corporation by a writing signed by an authorized representative of ZOLL Medical
Corporation.
repair or replacement of any defective read-only memory or other media so that it correctly reproduces
20. GENERAL.
the Software. This License applies only to ZOLL Medical Corporation Software. Any Contract resulting from this Quotation shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire
8. DELAYS IN DELIVERY.
ZOLL Medical Corporation shall not be liable for any delay in the delivery of agreement between Buyer and Supplier with respect to the purchase and sale of the Products described
any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical in the face hereof, and only representations or statements contained herein shall be
binding upon
Corporation including, but not limited to acts of God, fires, epidemics, floods, riots, wars, sabotage, labor Supplier as a warranty or otherwise. Acceptance or acquiescence in the
course of performance
disputes, governmental actions, inability to obtain materials, components, manufacturing facilities or rendered pursuant hereto shall not be relevant to determine the meaning of this
writing even though the
transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL accepting or acquiescing party has knowledge of the nature of the performance and opportunity
for
Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to objection. No addition to or modification of any of the terms and conditions specified
herein shall be
provide any necessary information in a timely manner. In the event of any such delay, the date of binding upon Supplier unless made in writing and signed by a duly authorized representative
of Supplier.
shipment or performance hereunder shall be extended to the period equal to the time lost by reason of The terms and conditions specified shall prevail notwithstanding any variance from
the terms and
such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment conditions of any order or other form submitted by Buyer for the Products set forth on
the face of this
among its Customers on any reasonable and equitable basis. The delivery dates set forth in this Agreement. To the extent that this writing may be treated as an acceptance of Buyer’s
prior offer, such
Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the acceptance is expressly made conditional on assent by Buyer to the terms hereof, and,
without limitation,
Contract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such acceptance of the goods by Buyer to the terms hereof, and, without limitation, acceptance
of the goods
dates. by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty (30)
days notice.
ZOLL Medical Corporation