RES 2012-1162 - PO from Zoll Medical Corporation for cardiac support pumps • 40MAHA,NFd
Air
Meta;y,7 4 t E f 1i Office of the Mayor
^ 1819 Farnam Street,Suite 300
� i ra to a �}f� A
• Off'.=-��_ _—"'•ry, 1` �ei34�
A t II: _ * Omaha,Nebraska 68183-0300
(402)444-5000
Ao44 FEHR�r4� r: t; FAX:(402)444-6059
City of Omaha OMAHA, NEIRASF
Jim Suttle,Mayor
Honorable President -
and Members of the City Council,
•
Transmitted herewith is Resolution authorizing the purchase of and payment of eleven (11) Zoll
Auto Pulse Cardiac Support Pumps and accessories in the amount of $157,215.55. The Zoll
Auto Pulse Cardiac Support Pumps will be used by the Omaha Metropolitan Medical Response
System(OMMRS), supporting emergency medical professionals in saving patients lives during a
cardiac arrest.
Zoll Medical Corporation is the sole vendor of the Auto Pulse Cardiac Support Pumps that will
enhance the Omaha Metropolitan Medical Response System (OMMRS) emergency response
communities' cardiac arrest treatment capabilities. In accordance with the provisions of Section
5.16, Home Rule Charter, in the event of a sole source vendor, the City Council may, by
resolution, authorize the Purchasing Division to issue a purchase order for the services.
The Auto Pulse Cardiac Support Pumps are budgeted and will be funded by the Nebraska
Emergency Management Agency (NEMA) FY 2010 Metropolitan Medical Response System
Grant, Award #2010-SS-T8-0013, approved by City Council on August 23, 2011, Ordinance No.
39103, Fund 12151, Organization 130762.
Respectfully submitted, Approved as to Funding:
si '67
_ _, 1
,„ uttle Date Pam Spaccarotella Date
1 ayor Finance Director
Appro -.: <
4) l '
A ,___,), _I' lam% / if 7 ,/,___.") —
Human Ri_hts and,Re'atio7 • I.at:.
P:\MYR\0027PR
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S-10 ISWMP Update
ams described above may consist of a wide array of actions. Such actions may
involve some or all of the following:
• Changes in laws, regulations and ordinances.
• Cooperative agreements or arrangements between units of government or
private entities.
• Additional studies or evaluation.
• Definitive actions to plan, procure, fund, finance, construct or implement specific
recommendations.
Metropolitan Area Planning Agency S-9 ISWMP Update
support, legislative changes and other approvals that will support
financially sustainable solid waste management systems, facilities and programs.
Metropolitan Area Planning Agency S-6 ISWMP Update
tive Strategies available to each Planning Area jurisdiction
1.5 Action Plan
To provide maximum flexibility to the counties and municipalities in the Planning Area,
no specific option has been selected by Douglas and Sarpy Counties or the City of
Omaha. To implement the Plan goals and objectives, specific actions must be taken by
Metropolitan Area Planning Agency S-5 • ISWMP Update
Metropolitan Area Planning Agency S-4 ISWMP Update
programs (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
JUSTIFICATION FOR NON-COMPETITIVE PROCUREMENT
(SOLE SOURCE JUSTIFICATION)
Zoll Auto Pulse Cardiac Support Pump
PARAGRAPH 1: The Omaha Metropolitan Medical Response System (OMMRS)
partners with several Omaha Metro area hospitals and patient care
facilities. The OMMRS along with its partner organizations has
determined that increasing response capabilities to sudden cardiac
arrest cases is a regional priority. The Zoll AutoPulse Non-Invasive
Cardiac Support Pump is a resuscitation system that promotes
normal blood flow during such sudden cardiac arrests.
PARAGRAPH 2: Explanation of why a non-competitive contract is necessary, to
include the following:
• Expertise of the contractor:
Zoll Medical Corporation is the sole source manufacturer and
vendor of the Zoll AutoPulse Non-Invasive Cardiac Support
Pump in the United States.
• Management:
Zoll Medical Corporation provides training on the AutoPulse
equipment which will ensure that staff is knowledgeable about
equipment usage and maintenance.
• Responsiveness:
Zoll Medical Corporation is very responsive about equipment
questions and equipment support.
• Knowledge of the program:
Zoll Medical Corporation as sole source manufacturer and
vendor of the Zoll AutoPulse Non-Invasive Cardiac Support
Pump has complete knowledge and understanding of its
product.
• Experience of personnel:
Zoll Medical Corporation has experienced personnel and
offers education and training opportunities to its customers.
Such opportunities include train-the-trainer programs that have
previously been utilized by OMMRS and its partner agencies,
providing a level of continuity.
PARAGRAPH 3: Time Contracts
• N/A
•
Page 1 of 2
io7 • I.at:.
P:\MYR\0027PR
' ram,. - - __
S-10 ISWMP Update
ams described above may consist of a wide array of actions. Such actions may
involve some or all of the following:
• Changes in laws, regulations and ordinances.
• Cooperative agreements or arrangements between units of government or
private entities.
• Additional studies or evaluation.
• Definitive actions to plan, procure, fund, finance, construct or implement specific
recommendations.
Metropolitan Area Planning Agency S-9 ISWMP Update
support, legislative changes and other approvals that will support
financially sustainable solid waste management systems, facilities and programs.
Metropolitan Area Planning Agency S-6 ISWMP Update
tive Strategies available to each Planning Area jurisdiction
1.5 Action Plan
To provide maximum flexibility to the counties and municipalities in the Planning Area,
no specific option has been selected by Douglas and Sarpy Counties or the City of
Omaha. To implement the Plan goals and objectives, specific actions must be taken by
Metropolitan Area Planning Agency S-5 • ISWMP Update
Metropolitan Area Planning Agency S-4 ISWMP Update
programs (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
PARAGRAPH 4: Uniqueness
The Zoll AutoPulse Non-Invasive Cardiac Support Pump is
manufactured and sold exclusively by Zoll Medical Corporation.
The feature set of the product and existing knowledge about its use
within the OMMRS and its partner agencies will provide health care
professionals with the tools necessary to safe patient's lives
following a sudden cardiac arrest.
PARAGRAPH 5: Other points that should be covered to make a convincing case.
The Zoll AutoPulse Non-Invasive Cardiac Support Pump will assist
personnel in providing patient care during a sudden cardiac arrest.
In doing so, it frees up personnel to perform other vital care in order
to further stabilize the patient. The equipment provides better
clinical results by applying constant compressions to the patient.
PARAGRAPH 6: A declaration that this action is in the best interest of the agency.
The Zoll AutoPulse Non-Invasive Cardiac Support Pump will not
only benefit the patient in cardiac arrest but will provide personnel
the ability to free up staff to perform other life saving procedures.
Page 2 of 2
is very responsive about equipment
questions and equipment support.
• Knowledge of the program:
Zoll Medical Corporation as sole source manufacturer and
vendor of the Zoll AutoPulse Non-Invasive Cardiac Support
Pump has complete knowledge and understanding of its
product.
• Experience of personnel:
Zoll Medical Corporation has experienced personnel and
offers education and training opportunities to its customers.
Such opportunities include train-the-trainer programs that have
previously been utilized by OMMRS and its partner agencies,
providing a level of continuity.
PARAGRAPH 3: Time Contracts
• N/A
•
Page 1 of 2
io7 • I.at:.
P:\MYR\0027PR
' ram,. - - __
S-10 ISWMP Update
ams described above may consist of a wide array of actions. Such actions may
involve some or all of the following:
• Changes in laws, regulations and ordinances.
• Cooperative agreements or arrangements between units of government or
private entities.
• Additional studies or evaluation.
• Definitive actions to plan, procure, fund, finance, construct or implement specific
recommendations.
Metropolitan Area Planning Agency S-9 ISWMP Update
support, legislative changes and other approvals that will support
financially sustainable solid waste management systems, facilities and programs.
Metropolitan Area Planning Agency S-6 ISWMP Update
tive Strategies available to each Planning Area jurisdiction
1.5 Action Plan
To provide maximum flexibility to the counties and municipalities in the Planning Area,
no specific option has been selected by Douglas and Sarpy Counties or the City of
Omaha. To implement the Plan goals and objectives, specific actions must be taken by
Metropolitan Area Planning Agency S-5 • ISWMP Update
Metropolitan Area Planning Agency S-4 ISWMP Update
programs (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
ZOLL Medical Corporation
• aoulL Worldwide Headquarters
269 Mill Road
(lALIIl�"�,,� eT~}� Chelmsford,Massachusetts 01824-4105
1!`i� U.S.A.
Nor,invxsive Cedix Support Pump
978 421-9655
978 421-0025 Main Fax
July 24, 2012
OMMRS
To Whom It May Concern:
Thank you for your interest in the AutoPulseTM Non-invasive Cardiac Support Pump, a
revolutionary new resuscitation system that offers the promise of normal blood flow during
sudden cardiac arrest.
Please be aware that ZOLL Medical Corporation is the only company that manufactures (at our
wholly-owned subsidiary, ZOLL Circulation) and markets the AutoPulse. No other organization
is authorized to sell the product in the United States. Further, there are no other devices on the
market today that can mimic the AutoPulse's unique mechanism of action and achieve its
unprecedented clinical results. -
Feel free to contact me directly by calling 978-421-9735 should you have any questions or
need additional information.
Best regards,
Blake A. Cerullo
Director of Market Development
2 of 2
is very responsive about equipment
questions and equipment support.
• Knowledge of the program:
Zoll Medical Corporation as sole source manufacturer and
vendor of the Zoll AutoPulse Non-Invasive Cardiac Support
Pump has complete knowledge and understanding of its
product.
• Experience of personnel:
Zoll Medical Corporation has experienced personnel and
offers education and training opportunities to its customers.
Such opportunities include train-the-trainer programs that have
previously been utilized by OMMRS and its partner agencies,
providing a level of continuity.
PARAGRAPH 3: Time Contracts
• N/A
•
Page 1 of 2
io7 • I.at:.
P:\MYR\0027PR
' ram,. - - __
S-10 ISWMP Update
ams described above may consist of a wide array of actions. Such actions may
involve some or all of the following:
• Changes in laws, regulations and ordinances.
• Cooperative agreements or arrangements between units of government or
private entities.
• Additional studies or evaluation.
• Definitive actions to plan, procure, fund, finance, construct or implement specific
recommendations.
Metropolitan Area Planning Agency S-9 ISWMP Update
support, legislative changes and other approvals that will support
financially sustainable solid waste management systems, facilities and programs.
Metropolitan Area Planning Agency S-6 ISWMP Update
tive Strategies available to each Planning Area jurisdiction
1.5 Action Plan
To provide maximum flexibility to the counties and municipalities in the Planning Area,
no specific option has been selected by Douglas and Sarpy Counties or the City of
Omaha. To implement the Plan goals and objectives, specific actions must be taken by
Metropolitan Area Planning Agency S-5 • ISWMP Update
Metropolitan Area Planning Agency S-4 ISWMP Update
programs (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
•
•
EQUIPMENT PROCUREMENT REQUEST FORM (EPRF)
Select:
❑ 2009 STATE HOMELAND SECURITY 2009-SS-T9-0061 09/01/2009-07/31/2012
❑ 2009 METROPOLITAN MEDICAL RESPONSE SYSTEM 2009-SS-T9-0061 09/01/2009-07/31/2012
❑ 2010 URBAN AREA SECURITY INITIATIVE 2010-SS-T8-0013 10/01/2010-07/31/2013
❑Q 2010 METROPOLITAN MEDICAL RESPONSE SYSTEM 2010-SS-T8-0013 10/01/2010-07/31/2013
❑ 2010 STATE HOMELAND SECURITY(HAZMAT MOU) 2010-SS-T8-0013 10/01/2010-07/31/2013
El 2011 STATE HOMELAND SECURITY
❑ 2011 METROPOLITAN MEDICAL RESPONSE SYSTEM
Agency/Committee Requesting Purchase: Omaha Metropolitan Medical Response System(OMMRS)
Contact Information: SHIP TO(IF DIFFERENT FROM CONTACT):
Name: Phyllis Dutton Name: Immanuel Medical Center
Address: 11128 John Galt Blvd. Room 550 Address: 6901 N.72nd.Street
Omaha NE.69137 Omaha Nebraska,68122
DOCK AREA/
Email: phyllis.dutton@alegent.org
Phone: 402-717-1733
Fax: 402-717-1735
Strategy Goal and Objective: Triage and Pre-Hospital Treatment
AEI.Reference Number: 09ME-03-MCCD
Budget Task Number: 3.01
Item Description: Zoll Auto pulse is a Non-invasive Cardiac support Pump/Resusitaation System
Is the total cost of the equipment equal to or greater than$20,000.00? El Yes No
If Yes: A. Attach three competitive Vendor quotes.
OR
B. Attach Sole Source Justification and Vendor quote. ❑
Note: Any procurement over$20,000.00 requires Omaha City Council Approval.
If No: Attach Vendor quote. ❑
Do you require a Purchase Order from the City of Omaha? O Yes [] No
Committee Chair Approval:
Signature Date
City of Omaha Use Only
Fund Project Task
Org Award Account
8/10/2010
ing a level of continuity.
PARAGRAPH 3: Time Contracts
• N/A
•
Page 1 of 2
io7 • I.at:.
P:\MYR\0027PR
' ram,. - - __
S-10 ISWMP Update
ams described above may consist of a wide array of actions. Such actions may
involve some or all of the following:
• Changes in laws, regulations and ordinances.
• Cooperative agreements or arrangements between units of government or
private entities.
• Additional studies or evaluation.
• Definitive actions to plan, procure, fund, finance, construct or implement specific
recommendations.
Metropolitan Area Planning Agency S-9 ISWMP Update
support, legislative changes and other approvals that will support
financially sustainable solid waste management systems, facilities and programs.
Metropolitan Area Planning Agency S-6 ISWMP Update
tive Strategies available to each Planning Area jurisdiction
1.5 Action Plan
To provide maximum flexibility to the counties and municipalities in the Planning Area,
no specific option has been selected by Douglas and Sarpy Counties or the City of
Omaha. To implement the Plan goals and objectives, specific actions must be taken by
Metropolitan Area Planning Agency S-5 • ISWMP Update
Metropolitan Area Planning Agency S-4 ISWMP Update
programs (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
•
GUIDELINES ZOLL Medical Corporation
2010 READY Worldwide HeadQuarters
269 Mill Rd
Chelmsford, Massachusetts 01824-4105
TO: OMMRS (978)421-9655 Main
(800) 348-9011
11128 John Galt Boulevard Suite 550 (978)421-0015 Customer Support
Omaha, NE 68137 FEDERAL ID#: 04-2711626
Attn: Jerry Nevins QUOTATION 119773 V:1
DATE: July 25,2012
email: perald.nevinsc itenethealth.com
Tel: 402-578-9656 TERMS: Net 30 Days
MMRS FY10 FOB: Shipping Point
FREIGHT: Prepay and Add
ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE
1 8700-0 7 3 0- 01 AutoPulse®System with Pass Thru-Generates 11 $10,995.00 $10,225.35 $112,478.85 "
consistent and uninterrupted chest compressions,offering
improved blood flow during cardiac arrest. Includes
Backboard,User Guide,Quick Reference Guide,Shoulder
Restraints,Backboard Cable Ties,Head Immobilizer,Grip
Strips,In-service Training DVD,and one year warranty.
2 8700- 0752- 01 AutoPulse® Li-Ion Battery- for use with the AutoPulse 33 $825.00 $767.25 $25,319.25
Platform.
3 8700-0753- 01 AutoPulse SurePower Charger,U.S. 11 $1,795.00 $1,669.35 $18,362.85 *
Charges and automatically conditions two(2)NiMH or
LI-Ion batteries and automactically verifies battery
charge level. Includes User Guide and U.S Power Cord.
Standard one(1)year warranty
4 8700-0705- 01 AutoPulse®Soft Carry Case-Soft-sided carrying case 11 $395.00 $367.35 $4,040.85 *
holds AutoPulse Platform,spare battery,spare LifeBand
and Shoulder Restraints.
5 8700-0706- 01 LifeBand®3 pack-Single-use chest compression band. 11 $375.00 $348.75 $3,836.25 *
(3 per package)
6 DI SC ZOLL Resuscitation Discount 1 $0.00 ($7,672.50) ($7,672.50) *
Ground Shipping Charges.... $850.00
• "Reflects Discount Pricing.
This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which TOTAL $157,215.55
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. Michael Saner
2.PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3.WARRANTY PERIOD(See above AND Attachment). 800-242-9150,x9235
4.PRICES QUOTED ARE FIRM FOR 60 DAYS.
5.APPLICABLE TAX,FREIGHT CHARGES&ORDER PROCESSING FEES ADDITIONAL.
6.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
7.PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015.
8.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
9.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.z011webstore.corn.
ograms (status quo)
Metropolitan Area Planning Agency S-3 ISWMP Update
Update
ZOLL QUOTATION GENERAL TERMS&CONDITIONS
9.LIMITATIONS OF UABU.ITY.IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE
1. ACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sea 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 olferis expressly limited to the terms of this Quotation,inducting 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
emrpWyee 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 fa alleged infringement of any United States patents or copyrights
shall be wholly inapplicable to any sale made pursuant to this Quotation,and shaft 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 hi the use of such Equipment or the Software by
Ilself and riot as a part of or in combination with any other devices or parts,(it)the Customer gives ZOLL
Acceptance of this Quotation by the Customer shag create an agreement between ZOLL Medial 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 is choice.to answer the charge of infringement and defend such suit,and(ii)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 end authority at ZOLL
waiver change or medication 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 unitise such waiver,change or modification(I)Is made in writing(lit)
expressly slates that it is a waiver,change a modification of this Quotation or the Contract and(ii)is In the case of a final award of damages for infringement in any such anal ZOLL Medical Corporation wit
signed by en authorized representative of ZOLL Medical Corporation pay such award,but it shall riot be responsible for any settlement trade without its written consent.
2. DEUVERY AND RISK OF LOSS.Unless otherwise staled,all deliveries shall be F.O.B.ZOLL Section 10 states ZOLL Medical Corporation's total responsibility and liabiiWs,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 shaft ZOLL Medical Corporation be liable for any indirect,
special,or consequential damages resulting from any such Infringement.
3.TERMS OF PAYMENT.Unless otherwise slated 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 shag 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 len(10)
day period,the shipment shall be tondusively deemed to have been complete.
4.CREDIT APPROVAL.Al shipments and deliveries shall at at times be subject to the approval o1
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 lass than$50.00 per product.(c)Any
S.TAXES d 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(B)months
taxes a any duties or customs charges,or any order processing fees.The Customer shall pay in from the Customers original order date shall constitute a new order for the effected 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 appficabfe to the sale or use of the Equipment sold hereunder(except any tax
based on the net income of ZOLL Medea!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 witout 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 as goods and services
6.WARRANTY.(a)ZOLL Medical Corporation warrants to the Customer Thal from the earlier of the date delivered pursuant to the Contract wilt be produced and supplied In compliance with all applicable state
of installation or thirty(30)days after the dale 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 detects In material and workmanship amended,(b)The Customer shall be responsible for compliance with any federeL state end local laws
under normal use and service for the period noted on the reverse side.Accessories and electrodes shall and regulations applicable to t e installation or use of the Equipment furnished hereunder.end 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 wit at no charge to the Customer either repair or replace(at ZOLL Medical Corporation's
• sole option)any pan 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 of workmanship. Corporation may dedine to make further shipments or render any further warranty or other services
ZOLL Medical Corporation's regular service charges shalt 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 Centime a to make shipments is action shall not constitute a waiver of any default by
any other nonconformance of the Equipment caused by or attributable to(i)any modflcatbn of the the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding arty 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:(i)the use of the Equipment with any associated or complementary equipment whole or In pan 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(di)any misuse or abuse of the supported by consideration ands 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 wring of the Equipment other 16.ASSIGNMENT.This Quotation,and the Contract,may not be assigned Dy 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 shag 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 pail of the
Equipment(Including software embodied In read•onty memory known as Yirnnware').(e)The foregoing 17.TITLE TO PRODUCTS.Title to right of possession of the products said hereunder shall remain with
warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical ZOLL Medical Corporation unlit 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 kt 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 shalt give ZOLL Medical
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN,ORAL, IMPLIED,OR Corporation the right,without gabisy 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.
16.EQUAL EMPLOYMENT OPPORTUNITY I 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 end 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 sell forth.(b)Customer may not copy,distribute,modify,translate or adept 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 manna 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 Ls hereby included as part of this ender.
terminated by ZOLL Medical Corporation in the event of any faiure 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-B Nis order is subject to the provisions of
the Equipment and may not retain any copies of the Software following such transfer.(p ZOLL Medical Executive Order 11246.as amended.end the rules,regulations or orders d 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 et 41 CFR 60-1,1(a)end 60-1.4(b)are hereby included
free from detects im materials and workmanship for the period and on terms sal forth in section 6.(g) as a part of this order end Seller agrees to comply with the reporting requirements sat 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(1), ZOLL MEDICAL 19. VAUDITY OF QUOTATION. This Quotation shag be valid end subject to acceptance by the
CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE Customer,in accordance with the tens of Section 1 hereof for the period set forth on the faux hereof.
SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR Alter 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. end shall not create a contract,unless such acceptance is acknowledged and accepted by ZOLL Medical
Customers exclusive remedy for any breath of warranty or defect relating to the Software shag be the Corporation by a veiling signed by en authorized representative of ZOLL Medical Corporation
repair or replacement of any defective read-only memory or other media so that i correctly reproduces
the Software.This License applies only to ZOLL Medical Corporation Software. 20.GENERAL. Any Contract resulting from this Quotation snag be governed by and Interpreted In
accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire
6.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 descabed
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,hoods,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
uensportation or any other cause beyond the control of ZOLL Medical Corporation.In addition ZOLL accepting a acquiescing party has knowledge of the nature of the performance and opportunity for
Medical Corporation shah 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 tens 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 Nis Agreement. To the extent that this writing maybe treated as an acceptance of Buyer's prior offer,such
Quotation are approximate only and ZOLL Medical Corporation shall not be table 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 lime 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
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: y
WHEREAS, Zoll Medical Corporation submitted a quote in the amount of.one hundred
• fifty seven thousand two hundred fifteen dollars and fifty five cents ($157,215;55) for the
purchase of eleven (11) Zoll Auto Pulse Cardiac Support Pumps and accessories to be used by
the Omaha Metropolitan Medical Response System (OMMRS); and,
WHEREAS, Zoll Medical Corporation is the sole source vendor for this product as
provided in Chapter 5.16 of the Home Rule Charter; and,
WHEREAS, the Zoll Auto Pulse Cardiac Support Pumps will support emergency medical
professionals in saving patients lives during a cardiac arrest; and,
WHEREAS, The purchase is budgeted from and will be funded by the Nebraska
Emergency Management Agency (NEMA) FY 2010 Metropolitan Medical Response System
Grant, Award #2010-SS-T8-0013, Fund 12151, Organization 130762; and,
WHEREAS, the Mayor recommends your favorable consideration of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the purchase from Zoll Medical Corporation, a
sole source vendor provided in Chapter 5.16 of the Home Rule Charter in the amount of one
hundred fifty seven thousand two hundred fifteen dollars and fifty five cents ($157,215.55) for
the purchase of eleven (11) Zoll Auto Pulse Cardiac Support Pumps and accessories for the
Omaha Metropolitan Medical Response System (OMMRS), to be used to enhance the Omaha
Metropolitan Medical Response System (OMMRS) emergency response communities' cardiac
arrest treatment capabilities, is hereby approved.
FURTHER THAT, the Finance Department of the City of Omaha is authorized to pay
Zoll Medical Corporation in the amount of $157,215.55 for the purchase of eleven (11) Zoll
Auto Pulse Cardiac Support Pumps and accessories, budgeted from and funded by the Nebraska
Emergency Management Agency (NEMA) FY 2010 Metropolitan Medical Response System
Grant, Award#2010-SS-T8-0013, Fund 12151, Organization 130762.
APPROVED AS TO FORM:
By %"
C n 'lmember
Adopted AU .. 8 20 D DEPUT CITY ATTORNEY DATE
ler /gf�� P AMYR\0027PR
� t
Approved
Mayor
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. Michael Saner
2.PRICES WILL BE F.O.B.SHIPPING POINT. EMS Territory Manager
3.WARRANTY PERIOD(See above AND Attachment). 800-242-9150,x9235
4.PRICES QUOTED ARE FIRM FOR 60 DAYS.
5.APPLICABLE TAX,FREIGHT CHARGES&ORDER PROCESSING FEES ADDITIONAL.
6.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.
7.PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015.
8.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.
9.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.z011webstore.corn.
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