Loading...
HomeMy WebLinkAbout05-34 Resolution No. 05-34 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ZOLL MEDICAL CORP. FOR LEAD CARDIAC MONITORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Ed Schock,Mayor,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Zoll Medical Corp. for lead cardiac monitors, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 9, 2005 Adopted: February 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT This Agreement is made and entered into this.Zu( day of Ja.-i attl< ,2005 by and between the CITY OF ELGIN("the CITY"),a municipal corporation organized and existing drider the laws of the State of Illinois,and ZOLL MEDICAL CORPORATION, a Massachusetts corporation, authorized to do business in the State of Illinois and having a principal place of business at 269 Mill Road, Chelmsford, Massachusetts 01824-4105 ("the CONTRACTOR"). ARTICLE 1. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response (Proposal)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, this Agreement shall supersede the Proposal documents and control. ARTICLE 11. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. CONTRACTOR shall furnish all equipment and complete all work within ninety(90)days. ARTICLE Ill. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (I) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTORSs reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director,incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City,to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers,employees,agents or subcontractors in the performance of this agreement, including but not limited to,all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees,agents, boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY=S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later,without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE X111. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN Name and Title co t Logsdon d S ock Director, EMS Sales Mayor FEIN NO. 04-2711626 Attest: City Clerk F:\Legal Dept\forms\Bid Doc-Agreement for RFP-Zoll Medical Corp.doc ZOLL Medical Corporation Worldwide Headquarters ZOLL Ch Mill Road Chelmsford,Massachusetts 01824105 (978)421-9655 Main (800)348-9011 (978)421-0015 Telefax TO: Elgin Fire Department QUOTATION 550 Summit Street Elgin, IL 60120 DATE: November 8,2004 Rev 12108/04 Attn: Pat Hilbrich TERMS:Net 30 Days Tel: 847/931-6186 FOB: Shipping Point ITEM MODELMOM DESCRIPTION QTY. UNIT PRICE SC PRICE T PRICE 1 4 1 5 2 1 0 1 1 1 0 0 1 2 3 0 1 0 ManuaYAdvisory Defibrillator with Rectilinear Biphasic 1 $19,685.00 $13,841.00 $13,841.00 M SERIES MED-PRO BIPHASIC Waveform,AC Power,MuMple Application Printer with Summary Report,Code Markers,Noninvasive Pacing 12-Lead with 1Step Cable Includes: High contrast display,3-lead patient cable with integral lead wires,universal cable,2 rechargeable lead acid batteries,carry case,ac mains power cord,1 package of recorder paper,integral diagnostic frequency response, 2 PCMCIA card slots,RS232 data transfer capabilities and 1 Operator's manual. Standard One Year EMS Warranty *Reflects Discount Pricing All discounts off List Price are contingent upon payment within agreed upon terms. WE PROPOSE TO FURNISH THE ITEMS LISTED ABOVE,SUBJECT TO CONDITIONS SET FORTH ON TOTAL THE REVERSE SIDE HEREOF,AND THE WRITTEN ACCEPTANCE OF THIS QUOTATION. $13,841.00 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B.SHIPPING POINT. 3. WARRANTY PERIOD(See above and reverse side). 4. PRICES QUOTED ARE FIRM THROUGH DECEMBER 17,2004. 5. APPLICABLE TAX&FREIGHT CHARGES ADDITIONAL. Joe Albanese/pp 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. Territory Manager 7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978421-0015. 800/242-9150, X9789 ZOLL QUOTATION GENERAL TERMS&CONDITIONS 1.ACCEPTANCE.This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the Customer the equipment (including a license to use certain software)dated in this Quotation and described in the specifications either attached to or referred to in this Quotation(hereinafter referred to as Equipment).Any acceptance of such offer is expressly limited to the terms of this Quotation.including these General Terms and Conditions.Acceptance shall be so limited to this Quotation notwithstanding()any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or(ii)receipt or acknowledgement by ZOLL Medical Corporation of any purchase order,specification,or other document issued by the Customer.Any such document shall be wholly inapplicable to any sale made pursuant to this Quotation,and shall not be binding in any way on ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer(hereinafter referred to as the'Contract'the terms and conditions of which are expressly limited to the provisions of this Quotation irrduding these Terms and Conditions.No waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding on ZOLL Medical Corporation unless such waiver,change or modification()is made in writing(i)expressly states that it is a waiver,change or modification of this Quotation or the Contract and(iii)is signed by an authorized representative of ZOLL Medical Corporation. 2.DELIVERY AND RISK OF LOSS.Unless otherwise stated,all deliveries shall be F.O.B.ZOLL Medical Corporation's facility.Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier. 3.TERMS OF PAYMENT.Unless otherwise stated in its Quotation payment by Customer is due thirty(30)days after the ship date appearing on ZOLL Medical Corporation invoice.Any amounts payable hereunderwhich remain unpaid after the date shall be subject to a late charge equal to 1.5%per month from the due date until such amount is paid. 4_CREDIT APPROVAL AN shipments and deliveries shall at all turves be subject to the approval of credit by ZOLL Medical Corporation.ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation. 5.TAXES.The pricing quoted in its Quotation do not include sales use,excise,or other similar taxes or any duties or customs charges.The Customer shall pay in addition for the prices quoted the amount of any present or future sales, excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation).In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing authorities. 6.WARRANTY.(a)ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty(30)days after the date of shipment from ZOLL Medical Corporation's fac8fty,the Equipment(other than accessories and electrodes)will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side.Accessories and electrodes shag be warranted for ninety(90)days from the date of shipment.During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace(at ZOLL Medical Corporation's sole option)any part of the Equipment found by ZOLL Medical Corporation to be defective in material or workmanship.If ZOLL Medical Corporation's regular service charges shag apply.(b)ZOLL Medical Corporation shall not be responsible for any Equipment detect failure of the Equipment to Worm any specified function,or any other nonconfonnarrce of the Equipment caused by or attributable to n any modification of the Equipment by the Customer, unless such modification is made with the prior written approval of ZOLL Medical Corporation:(i)the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation,or(iii)any misuse or abuse of the Equipment:Qv)exposure of the Equipment to conditions beyond the environmental,power or operating constraints specified by ZOLL Medical Corporation,or(v)installation or writing of the Equipment other than in accordance with ZOLL Medical Corporation's instructions.(c)Warranty does not cover items to lamps,fuses,batteries,cables and accessories.(d)The foregoing warranty does not apply to software included as part of the Equiprrrent(kK*x ing software embodied in read-only memory known as'firrrrware7.(e)The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder.THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL,IMPLIED,OR STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.SOFTWARE LICENSE.(a)AN software(the"Software'which term shall include firmware)included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terns hereinafter set forth,(b) Custornen,may not copy.distribute,modify,translate or adapt the Software,and 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 rights in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right or interest therein except as expressly provided herein.(d)Customer's right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terns of this quotation,(e)Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer.(f)ZOLL Medical Corporation warrants that the read- only memory or other medial on which the Software is recorded will be free from defects in materials and workmanship for the period and on terms set forth in section 6.(g)Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software wig be uninterrupted or error-free,or that the Software will meet Customer's requirements.Except as set forth in section 7(f).ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR ME TH MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WI RESPECT THERETO_Customer's exclusive remedy for any breach of warranty or defect re lating to the Software shall be the repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. 8.FLAYS IN DELIVERY,ZOLL Medical Corporation shall not be liable for any delay in the delivery of any part of the Equipment d such delays is due to arty cause beyond the control of the ZOLL Medical Corporation including,but not limited to ads of God,fires,epidemics,floods,riots,agars,sabotage,labor disputes,goveriunental actions,inability to obtain materials,components.manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation.in addition ZOLL!Medical Corporation shall not be Cable for any delay in delivery caused by failure of the Customer to provide any necessary i ibrrnatim in a timely rnanner.In the event of any such delay,the date of shipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay-In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis.The delivery dates set forth in this Quotation are approximatte only and ZOLL Medical a Corporation shall not be Gable for or shall the Corirad be breached by,any delivery by reasonable time after such dates. 9.LIMITATIONS OF LIABILITY.IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE,OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO,WHETHER DUE TO A BREACH OF CONTRACT,BREACH OF WARRANTY,THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE 10_PATENT INDEMNITY.ZOLL Medical Corporation shah at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United States patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation,provided that n 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,(e)the Customer gives ZOLL Medical Corporation hnr>thne M*notice it writing of any such suit and permits ZOLL Medical Corporation through counsel of its choice,to answer the charge of infringement and defend such suit,and(iii)the Customer gives ZOLL Medical Corporation all requested information,assistance and authority at ZOLL Medical Corporation's expense,to enable ZOLL Medical Corporation to defend such suit. In the case of a final award of damages for infringement in any such suit,ZOLL Medical Corporation will pay such aware, but it shall not be responsible for any settlement made without its written consent Section 10 states ZOLL Medical Corporation's total responsibility and babiity's,and the Customer's sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder.In no event shall ZOLL Medical Corporation be liable for any indirect,special,or consequential damages resulting frorn any such infringemexd. 11-CLAIMS FOR SHORTAGE.each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof.The Customer shall inform ZOLL Medical Corporation of any shortage in 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. 12. RETURNS AND CANCELLATION.(a)The Customer shall obtain authorization from ZOLL Medical Corporation pew to returning arty of the Equipment-(b)The Customer receives authorbotion from ZOLL Medical Corporation to return a product for credit,the Customer shall be subject to a restockirg charge of twenty percent(20%)of the original list purchase price,but not loss than$50.00 per product(c)Any such charge in delivery caused by the Customer that causes a delivery date greater than six(8)months from the Customer's original order date shall constitute a new order for the affected Equipment in deterrninig the appropriate list price. 13.APPLICABLE LAW.This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. 14.COMPLIANCE WITH LAWS.(a)ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938,as amended.(b)The Customer shall be responsible for compliance with any federal,state and local laws and regulations applicable to the installation or use of the Equipment furnished hereunder,and will obtain any permits required for such installation and use. 15_NON-WAIVER OF DEFAULT.In the event of any default by the Customer,ZOLL Medical Corporation may decline to make further shipments without in any way effecting its right under such order.If,despite any default by Customer,ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporabor's legal remedies regarding any such default No claim or right arcing out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by ZOLL Medical Corporation. 16.ASSIGNMENT.This Quotation,and the Contract,may not be assigned by the Customer without the prior written consent of ZOLL Medical Corporation,and any assignment wMWW such consent shall be null and void. 17.TITLE TO PRODUCTS.Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all acts necessary to perfect and maw such right and title in ZOLL Medical Corporation-Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right,without liability to repossess the Equipment,with or without notice,and to avail itself of any remedy provided by law. 1R FnlsAl_F"pl OyMFNT Oppr?RTLINITY J AFFIRMATIVE ACTION. VETERAN'S EMPLOYMENT-If this order is subject to Executive Order 11710 and the rules,regulations,or orders of the Secretary of Labor issued thereunder the contract clause as set forth at 41 CFR 60-250.4 is hereby included as part of this order. EMPLOYMENT OF FtANDICAPPED -if this order is subject to Section 503 of the Rehabilitation Act of 1973,as amended and the rules,regulations or orders of the Secretary of Labor as issued thereunder,the contract clause at 41 CFR 60-741.7 is hereby included as part of this order. Ef3ilAt OPPORTUNITY FMPt OYMFraT-it this cxcier is a11hipc t to the prravisinng 4f Exer irtive Order 11246,as amended,and the rules,regulations or orders of the Sectary of Labor issued thereunder,the contract clause set forth at 41 CFR 60-1.4(a)and 60-1-4(b)are hereby included as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1 MI 19_VALIDITY OF QUOTATION.This Quotation shall be valid and subject to acceptance by the Customer,in accordance with the terms of Section 1 hereof for the period set forth on the face hereof.After such period,the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall not create a contract,unless such acceptance is acknowiedged and accepted by ZOLL!-dice,C--pone on by a}•-sting signet by an auu.orizz2d reprs sertatisys of ZOLL Medical Corporation. ZOLL Medical Corporation J City of Elgin Agenda Item No rki`J, December 10, 2004 TO: Mayor and Members of the City Council -^F-E COMMUNITY FROM: David M. Dorgan, City Manager Michael Falese, Fire Chief POO SUBJECT: Contract with Zoll Medical Corp. for the Purchase of a Twelve Lead Cardiac Monitor for Ambulance 3 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an exception to the procurement ordinance for the purchase of a 12 lead cardiac monitor from Zoll Medical Corp. for Ambulance 3 . RECOMMENDATION It is recommended that the purchase of a 12 lead cardiac monitor be authorized from Zoll Medical Corp. in the amount of$13,841.00. BACKGROUND During 2004, the Fire Department was authorized to purchase and staff an additional ambulance and required accessory equipment and supplies. This memorandum outlines the recommended purchase of one of the required pieces of equipment for this ambulance. For over 20 years, the Elgin Fire Department ambulances have been equipped with LifePak cardiac monitors exclusively. Over the past five years, additional manufacturers have developed cardiac monitors that have been tested and put into use in different ambulance services across the country. Last year, the Elgin Fire Department received a Zoll cardiac monitor from Sherman Hospital as part of a grant process. This monitor was used and tested extensively in nearly every emergency scenario possible on one of the Elgin Fire Department ambulances. The field testing resulted in extremely positive feedback, supporting the positive data on initial and ongoing costs. The decision was made to transition to the Zoll cardiac monitor as the monitors needed replacement. Because of the sophistication and the required maintenance of the monitors, any Sole Source-Zoll Medical December 10, 2004 Page 2 replacement cardiac monitors purchased from this point will be the Zoll cardiac monitor. Telecommunication tax revenue is funding the purchase of required accessory equipment and supplies. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total purchase price of a 12 lead cardiac monitor from Zoll Medical Corp. is $13,841.00. There are sufficient funds budgeted ($180,000) and available ($58,388.35) in the General Fund, Fire Department, Station 3 Ambulance, account number 010-2802-735.92-46, project number 289540,to make this purchase. LEGAL IMPACT The proposed contract requires an exception to the procurement ordinance. ALTERNATIVES 1. Purchase the 12 lead cardiac monitor from Zoll Medical Corporation. 2. Solicit bids for similar products and have a mix of equipment for this use. Respectfully submitted for Council consideration. MWF/wmb