HomeMy WebLinkAbout12-56 Resolution No. 12-56
RESOLUTION
AUTHORIZING PURCHASE OF CARDIAC MONITORS
AND RELATED COMPONENTS
WITH ZOLL MEDICAL CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, be and is hereby authorized and directed to purchase five cardiac
monitors and related components from Zoll Medical Corporation for the total amount of$124,570.00
pursuant to the quotation therefor dated February 14, 2012, a copy of which is attached hereto and
made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to the
requirements of the procurement ordinance is necessary and in the best interests of the city for the
purchase authorized by this resolution.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 21, 2012
Adopted: March 21, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
GUIDELINES ZOLL Medical Corporation
2010 READY worldwide HeadQuarters
ZOLL,
269 Mill Rd
Chelmsford, Massachusetts 01824-4105
TO: Elgin Fire Department (978) 421-9655 Main
(800) 348-9011
(978) 421-0015 Customer Support
550 Summit Street FEDERAL ID#: 04-2711626
Elgin, IL 60120
Attn: Richard Koop QUOTATION 107575 V:2
DATE: February 14, 2012
email: koop r0cityofeklin.org
TERMS: Net 30 Days
Tel: 847-366-6398
FOB: Shipping Point
FREIGHT: Prepay and Add
ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE
1 5021 1730020124014 E Series ACLS Manual Defibrillator with See-Thru 5 $25,345.00 $17,994.95 $89,974.75
CPR®,Real CPR Help®Advisory capability,12-lead
with 1-step patient cable,Sp02(comes with EtCO2
port),Integrated Bluetooth,NIBP with Adult-Plus cuff
and hose and Noninvasive Pacing Includes: AC
Power,Printer,Protocol Assist Code Markers and GPS
Clock Auto Sync,TriMode Display,3-lead ECG patient
cable,universal cable,ready for one(1)SurePowerTM
Rechargeable Lithium Ion Battery with built in AC Charger
ordered separately,RS232 data transfer port,Expanded
Carry Case and Rapid Cable Deployment System,AC
power cord, 12"AC power extension cord,one package of
recorder paper,two PCMCIA Card slots,Operator's
Manual and standard one(1)year warranty for EMS
use.
la 8000- 1007- 02 1 Step Patient Cable for 12-lead ECG with limb leads 5 $315.00 Included Included
and v leads(7 ft)
2 8000-0330 Sp02 Rainbow Reusable Patient Cable:Connects to 5 $295.00 $236.00 $1,180.00
LNCS Single Use and Reusable Sensors(4 ft)
3 8000-0294 Sp02 LNCS Adult Reusable Sen5or(1 each) 5 $295.00 $236.00 $1,180.00
4 8000-0367 E Series Only CAPNO 5 Sidestream LoFlo Module 5 $4,775.00 $3,390.25 $16,951.25
I - J_ L
This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which Paste 1 Subtotal $109,286.00
accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to
incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the
customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed
by this quote and the customer's P.O unless set forth in or referenced by either document.
1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Caroline Wojtkowski
2. PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3.PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9289
4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL.
5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
6.FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015
OR EMAIL TO ESALES @ZOLL.COM.
7.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
8.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com.
Page 1
GUIDELINES ZOLL Medical Corporation
ZOL L,, 2010 READY Worldwide HeadQuarters
269 Mill Rd
Chelmsford, Massachusetts 01824-4105
TO: Elgin Fire Department (978) 421-9655 Main
(800) 348-9011
(978) 421-0015 Customer Support
550 Summit Street FEDERAL ID#: 04-2711626
Elgin, IL 60120
Attn: Richard Koop QUOTATION 107575 V:2
DATE: February 14, 2012
email: k000 r(aacitvofelgin.orst
TERMS: Net 30 Days
Tel: 847-366-6398
FOB: Shipping Point
FREIGHT: Prepay and Add
ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE
5 8019-0535- 01 SurePower°Rechargeable Lithium Ion Battery Pack 20 $475.00 $380.00 $7,600.00
•5.8 Ah Capacity
•High density lithium ion chemistry
•RunTimeTM Indicator
•Automatic calibration ready
•Stores history of use and maintenance
6 8050-0030- 01 SurePower m Charging Station 4 $2,275.00 $1,820.00 $7,280.00
•4 Charging bays
•Multiple chemistry compatible
•200 watt capacity
•Graphic driven user interface
•RS-232 communication port
*Standard one(1)year warranty
7 8000- 1650 Cuff,All Purpose,Pediatric/Small Adult,17-25cm 5 $32.00 $25.60 $128.00
8 8000- 1653 Cuff,All Purpose,Large Adult,31 -40cm 5 $42.00 $33.60 $168.00
9 8000- 1655 Cuff,All Purpose,Child,12-19cm 5 $27.00 $21.60 $108.00
10 8000-0370 CPR Connector 5 $265.00 No Charge No Charge
11 8900-0402 CPR statpadzHVP Multi-Function CPR Electrodes-1 5 $75.00 No Charge No Charge
pair
*Reflects Discount Pricing&CPR Promotional Items.
This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which TOTAL F$124,570.00
accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to
incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the
customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed
by this quote and the customer's P.O unless set forth in or referenced by either document.
1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Caroline Wojtkowski
2. PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3.PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9289
4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL.
5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
6.FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015
OR EMAIL TO ESALES @ZOLL.COM.
7.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
8.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com.
Page 2
ZOLL QUOTATION GENERAL TERMS &CONDITIONS
S.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
employee of ZOLL Medical Corporation or(ii)receipt or acknowledgement by ZOLL Medical Corporation 10.PATENT INDEMNITY.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(1)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 Customers 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 tamer. 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
(30)days after the ship date appearing on ZOLL Medical Corporation invoice.Any amounts payable 11. CLAIMS FOR SHORTAGE. 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
credit by ZOLL Medical Corporation.ZOLL Medical Corporation may at any time decline to make any 12.RETURNS AND CANCELLATION.(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
6.TAXES S 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
based on the net income of ZOLL Medical Corporation),and any order processing fees that ZOLL may 13.APPLICABLE LAW.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 dale 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
sole option)any part of the Equipment found by ZOLL Medical Corporation to be defective in material or 15. NON-WAIVER OF DEFAULT. 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 or render any further warranty or other services
ZOLL Medical Corporation's regular service charges shall apply.(b)ZOLL Medical Corporation shall not without in any way affecting its right under such order.If despite any default by Customer,ZOLL Medical
be responsible for any Equipment defect failure of the Equipment to perform any specified function,or Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by
any other nonconformance of the Equipment caused by or attributable to(i)any modification of the the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such
Equipment by the Customer,unless such modification is made with the prior written approval of ZOLL default.No claim or right arising out of a breach of the Agreement by the Customer can be discharged in
Medical Corporation: (ii)the use of the Equipment with any associated or complementary equipment whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is
accessory or software not specified by ZOLL Medical Corporation,or(iii)any misuse or abuse of the supported by consideration and is in writing signed by ZOLL Medical Corporation.
Equipment:(iv)exposure of the Equipment to conditions beyond the environmental,power or operating
constraints specified by ZOLL Medical Corporation,or(v)installation or wiring of the Equipment other 16.ASSIGNMENT.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
Equipment(including software embodied in read-only memory known as"firmware").(e)The foregoing 17.TITLE TO PRODUCTS.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 - I 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
Software will meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL 19. VALIDITY OF QUOTATION. 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
the Software. This License applies only to ZOLL Medical Corporation Software. 20.GENERAL. 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
ELGIN
THE CITY IN THE SUBURBS
AGENDA ITEM: L
MEETING DATE: March 7, 2012
ITEM:
Sole Source Agreement with Zoll Medical Corporation for the Purchase of Five Cardiac Monitors
with Related Components
($138,677)
OBJECTIVE:
Provide advanced life saving capabilities on five fire trucks.
RECOMMENDATION:
Authorize the purchase of five cardiac monitors with twelve leads and their associated
hardware components from Zoll Medical Corporation in the amount of$138,677.
BACKGROUND
Currently, the Elgin fire department responds to approximately 11,000 incidents each year. Of
those 11,000 calls for service, approximately 72 percent are medical related. The department
has two fire engines that are equipped with advanced life support (ALS) equipment and five fire
engines that are equipped with basic life support (BLS) equipment. By replacing the BLS
equipment in the five fire engines with ALS equipment, fire engines essentially become the
same as ambulances with the exception of patient transport capabilities. Fire engines typically
staff at least one paramedic on a daily basis.
OPERATIONAL ANALYSIS
In an effort to increase the efficiency and effectiveness of services delivered, the fire
department seeks to outfit the remaining five engines with ALS equipment. This will provide
enhanced paramedic capabilities to an incident scene sooner, as there are instances where the
responding ambulance is coming from another area of the city. Currently, when an ambulance
is unavailable and a subsequent medical call is received, the next-closest ambulance, along with
the area fire engine, will respond.
The fire department seeks to purchase the five cardiac monitors from Zoll Medical Corporation
as an exception to the procurement ordinance. In 2004, the 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 fire department's
J4
r
ambulances. The field testing resulted in very positive feedback, supporting the decision to
move forward with the initial and ongoing costs associated with Zoll's cardiac monitors. An
additional Zoll cardiac monitor was purchased in 2004 when Ambulance 3 was placed into
service. At that time, the decision was made, and supported by council approval, to transition
to the Zoll cardiac monitor as replacements became necessary. The sophistication and the
required maintenance of the monitors deem it essential to have one manufacturer as the
supplier of the cardiac monitors deployed.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The funding necessary for this initiative is being provided utilizing public safety impact fees that
have been collected and set aside in an escrow account. Per city council policy, the use of
impact fees have been restricted for the use of capital expenditures — such as facility or road
construction or for the purposes of reducing general fund operating costs. In essence, the use
of impact fees shares similar restrictions to that of riverboat proceeds without the benefit of
reoccurring annual revenue. Thus, the use of these proceeds should continue to remain only
for the most important and beneficial initiatives. This safety, efficiency and effectiveness
initiative meets said criteria.
The Elgin fire department currently has an active grant application with Federal Emergency
Management Agency requesting funding to upgrade three of the five engines to ALS
capabilities. In the event the department is awarded the grant, funding requirements for this
project will be reduced to $55,471 for two fire engines.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
General 010-2802-735.92-85 389412 $138,680 $138,680
LEGAL IMPACT
The proposed agreement would require an exception to the procurement ordinance which
requires approval by two thirds of the city council with a finding by the city council that an
exception to the requirements of the procurement ordinance is necessary and in the best
interests of the city.
ALTERNATIVES
The council may choose not to award the contract and delay upgrading the capabilities of the
fire engines.
NEXT STEPS
Authorize the exception to the purchasing ordinance and purchase five cardiac monitors with
twelve leads and their associated hardware from Zoll Medical Corp.
Originators: John P. Fahy, Fire Chief
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: Zoll Medical Corporation Quotation
GUIDELINES ZOLL Medical Corporation
ZOLL,t 2010 READY Worldwide HeadQuarters
269 Mill Rd
Chelmsford, Massachusetts 01824-4105
Elgin Fire Department (978) 421-9655 Main
(800) 348-9011
(978) 421-0015 Customer Support
550 Summit Street FEDERAL ID#: 04-2711626
Elgin, IL 60120
Attn: Richard Koop QUOTATION 107575 VA
DATE: February 10, 2012
email: koop r0citvofelain.orct
TERMS: Net 30 Days
Tel: 847-366-6398
FOB: Shipping Point
FREIGHT: Prepay and Add
ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE
1 5021 1 7300201 2401 3 E Series ACLS Manual Defibrillator with See-Thru 2 $25,245.00 $20,022.55 $40,045.10
CPR®,Real CPR Help(E)Advisory capability,12-lead
with 1-step patient cable,Sp02(comes with EtCO2
port),Integrated Bluetooth,NIBP with Adult-Plus cuff
and hose and Noninvasive Pacing Includes: AC
Power,Printer,Protocol Assist Code Markers and GPS
Clock Auto Sync,TriMode Display,3-lead ECG patient
cable,universal cable,ready for one(1)SurePowerTm
Rechargeable Lithium Ion Battery with built in AC Charger
ordered separately,RS232 data transfer port,Rugged
SoflPack Carry Case and Rapid Cable Deployment
System,AC power cord,12"AC power extension cord,
one package of recorder paper,two PCMCIA Card slots,
Operator's Manual and standard one(1)year warranty
for EMS use.
1a8000- 1007-02 1 Step Patient Cable for 12-lead ECG with limb leads 2 $315.00 Included Included
and v leads(7 ft)
2 8000-0330 Sp02 Rainbow Reusable Patient Cable:Connects to 2 $295.00 $236.00 $472.00
LNCS Single Use and Reusable Sensors(4 ft)
3 8000-0294 Sp02 LNCS Adult Reusable Sensor(1 each) 2 $295.00 $236.00 $472.00
4 8000-0367 E Series Only CAPNO 5 Sidestream LoFlo Module 2 $4,775.00 $3,820.00 $7,640.00
This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which Page 1 Subtotal 1 $48,629.10
accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to
incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the
customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed
by this quote and the customer's P.O unless set forth in or referenced by either document.
1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Caroline Wojtkowski
2.PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3. PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9289
4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL.
5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
6 FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015
0�11R EMAIL TO ESALES @ZOLL.COM.
t.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
8.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com.
Page 1
GUIDELINES ZOLL Medical Corporation
2010 READY Worldwide HeadQuarters
ZOLL1�
269 Mill Rd
Chelmsford, Massachusetts 01824-4105
Elgin Fire Department (978)421-9655 Main
(800) 348-9011
(978) 421-0015 Customer Support
550 Summit Street FEDERAL ID#: 04-2711626
Elgin, IL 60120
Attn: Richard Koop QUOTATION 107575 V:1
DATE: February 10, 2012
email: koop r(&citvofelctin.org
TERMS: Net 30 Days
Tel: 847-366-6398
FOB: Shipping Point
FREIGHT: Prepay and Add
ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE
5 8019-0535-01 SurePower°m Rechargeable Lithium Ion Battery Pack 8 $475.00 $380.00 $3,040.00
•5.8 Ah Capacity
•High density lithium ion chemistry
•RunTimeTM Indicator
•Automatic calibration ready
•Stores history of use and maintenance
6 8050-0030-01 SurePoweel Charging Station 2 $2,275.00 $1,820.00 $3,640.00
•4 Charging bays
•Multiple chemistry compatible
•200 watt capacity
•Graphic driven user interface
•RS-232 communication port
*Standard one(1)year warranty
8000- 1650 Cuff,All Purpose,Pediatric I Small Adult,17-25cm 2 $32.00 $25.60 $51.20
8 8000- 1653 Cuff,All Purpose,Large Adult,31 -40cm 2 $42.00 $33.60 $67.20
9 8000- 1655 Cuff,All Purpose,Child,12-19cm 2 $27.00 $21.60 $43.20
10 8000-0370 CPR Connector 2 $265.00 No Charge No Charge
11 8900-0402 CPR statpadz HVP Multi-Function CPR Electrodes-1 2 $75.00 No Charge No Charge
pair
*Reflects Discount Pricing&CPR Promotional Items.
This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which TOTAL $55,470.70
accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to
incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the
customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed
by this quote and the customer's P.O unless set forth in or referenced by either document.
1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Caroline Wojtkowski
2.PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3.PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9289
4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL.
5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
6.FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015
r EMAIL TO ESALES @ZOLL.COM.
nLL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
8.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com.
Page 2
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
ed 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
ipment).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
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
employee of ZOLL Medical Corporation or(ii)receipt or acknowledgement by ZOLL Medical Corporation 10.PATENT INDEMNITY.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
(30)days after the ship date appearing on ZOLL Medical Corporation invoice.Any amounts payable 11. CLAIMS FOR SHORTAGE. 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
credit by ZOLL Medical Corporation.ZOLL Medical Corporation may at any time decline to make any 12.RETURNS AND CANCELLATION.(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 retuming 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 Ouotation 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
based on the net income of ZOLL Medical Corporation),and any order processing fees that ZOLL may 13.APPLICABLE LAW.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
sole option)any part of the Equipment found by ZOLL Medical Corporation to be defective in material or 15. NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical
anship.If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, Corporation may decline to make further shipments or render any further warranty or other services
Medical Corporation's regular service charges shall apply.(b)ZOLL Medical Corporation shall not without in any way affecting its right under such order.If despite any default by Customer,ZOLL Medical
;ponsible for any Equipment defect failure of the Equipment to perform any specified function,or Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by
any other nonconformance of the Equipment caused by or attributable to(i)any modification of the the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such
Equipment by the Customer,unless such modification is made with the prior written approval of ZOLL default.No claim or right arising out of a breach of the Agreement by the Customer can be discharged in
Medical Corporation:(ii)the use of the Equipment with any associated or complementary equipment whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is
accessory or software not specified by ZOLL Medical Corporation,or(iii)any misuse or abuse of the supported by consideration and is in writing signed by ZOLL Medical Corporation.
Equipment:(iv)exposure of the Equipment to conditions beyond the environmental,power or operating
constraints specified by ZOLL Medical Corporation,or(v)installation or wiring of the Equipment other 16.ASSIGNMENT.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
Equipment(including software embodied in read-only memory known as'firmware").(e)The foregoing 17.TITLE TO PRODUCTS.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 unfit 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)Al 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
Software will meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL 19. VALIDITY OF QUOTATION. 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
the Software. This License applies only to ZOLL Medical Corporation Software. 20.GENERAL. Any Contract resulting from this Quotation shall be govemed 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
fWo,rICtion or any oth er 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
orporation 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
e 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.
snrpment or performance hereunder shall be extended to the period equal to the time lost by reason of The terms and conditions specked 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