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Agenda 05/25/2010 Item #16F 3 Agenda Item No. 16F3 May 25, 2010 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a lease purchase agreement with ZoIl Medical Corporation for the replacement of twenty-eight (28) AutoPulses for Emergency Medical Services in the amount of $146,655.31. OBJECTIVE: To obtain BCC approval for the replacement of 28 AutoPulse devices through a lease purchase agreement with Zoll Medical Corporation. CONSIDERATIONS: In January 2005, EMS took delivery of the AutoPulse, an automated CPR machine. This device is 33% more effective than standard compressions and keeps a medic's hands free to perform other patient care that may be required during transport to a hospital. Twenty-eight of the thirty-three AutoPulse devices have exceeded their life expectancy and are in need of replacement. Repairs are becoming more frequent and malfunctions are a concern. EMS has negotiated with Zoll for the purchase of 13 new AutoPulses and 15 reconditioned models for a savings of $66,227.25 over the cost of replacement with all new equipment. The purchase price includes the trade-in for the existing 28. Zoll Medical is the sole source manufacturer of AutoPulse and it is requested that the Board waive competition for this product. In addition, Zoll Medical has agreed to a lease purchase ab'feement, whereby they will replace all 28 machines immediately with a minimal down payment of $15,000 plus shipping charges, $80,000 due October 2010 and the balance of $51,655.31 in October 2011. The third and final payment includes $5,758.36 in interest at 5%. This is not something that Zoll has considered in the past; however, due to Collier County's longstanding relationship with Zoll, they have agreed to finance this purchase. In comparison, EMS also obtained a proposal from Government Capital Corporation for a five year lease purchase with $1 buyout. Based on the current interest rate of 4.55%, the five payments of $31,685.69 would total $158,428.45, or $17,531 ,50 in interest. FISCAL IMPACT: Funds for the initial payment of $15,000 plus shipping are available in EMS Fund 490 for FYI0. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SR T, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners waives the formal bidding process and approves the replaccment of 28 AutoPulses for Emergency Medical Services through the lease purchase tenns proposed by Zol1 Medical Corporation. PREPARED BY: Artie Bay, Emergency Medical Services Item Number: Item Summary: Meeting Date: Agenda Item No. 16F3 May 25,2010 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 This item continued from the May 11,2010 BCC Meeting. Recommendation to approve a lease purchase agreement with 2011 Medical Corporation for the replacement of twenty-eight (28) AutoPulses for Emergency Medical Services in the amount of $146,655.31. 5/25/20109:00:00 AM Date Prepared By Artie Bay Bureau of Emergency Services Senior Administrative Assistant EMS 517120101:17:06 PM Date Approved By Jeff Page Bureau of Emergency Services Chief - Emergency Medical Services EMS Operations 51712010 1 :21 PM Date Approved By Diana Deleon Administrative Services Division Contracts Technician Purchasing & General Services 517/20101:38 PM Approved By Date Scott R. Teach County Attorney Deputy County Attorney County Attorney 5/7/20101 :49 PM Kelsey Ward Date Approved By Administrative Services Division Manager. Contracts Administration Purchasing & General Services 5/11120102:11 PM Dan E. Summers Date Approved By Bureau of Emergency Services and Emergency Management Director of Emergency Services Bureau of Emergency Services and Emergency Management 51121201011:00 AM Date Approved By Scott Johnson Administrative Services Division Purchasing Agent Purchasing & General Services 51131201011:46 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 5113120101:57 PM Approved By Sherry Pryor Office of Management & Budget Agenda Item No. 16F3 May 25, 2010 Page 3 of 9 ManagemenU Budget Analyst, Senior Date Office of Management & Budget 5/13/20103:13 PM Approved By Date Jeff Klatzkow County Attorney 5/13/20104:29 PM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 5/17/20105:29 PM ZOLLo Advarmnv ..UNltalia& TodIrr." ~. - Agenda Item No. 16F3 May 25,2010 ZOLL Medical Corporaijon of 9 Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax '. -0: Collier County EM6 Board of county Camtissioners 8075 Lely Cultural Parkway Naples, FL 34104 Attn: Les Williams QUOTATION 64075 V:2 email: leswllliams8collleraov.net DATE: April 14, 2010 TERMS: SPECIAL FOB: Shipping Point Freight: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE , ~ Payment Terms as follows: $15,000 plus oppllcable lox and freight due NET 30 $80,000 due October 2010 $51,655.31 duo October 2011 This includes an Interest rate of 5-" Included In line tte~ 6. uTrade-ln Value valid if all units purchased are in good operational and cosmetic condition, and include all standard accessories such as paddles, cables, etc. Customer assumes responsibility for shipping trade.in equipment to ZOLL Chelmsford within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. *Reflects Discount Pricing. This quote Is mad. subject to ZOLL's standard commercial tenns and conditions (ZOLL T's + C's) which TOTAL $146,655.31 accom an this uote. A urch.se order P.O. Issued In res onse to this uotation will be deemed to p y q nyp () p q incorporate ZOLL T'. + C's. Any modification of the ZOLL T'. + C's must be set forth or referenced In the customer's P.O. No commercial terms or conditions shaUapply to the sale of goods or services governed by this quote and the customer's P.Q unless set forth In or referenced by either document 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 Attachment). 4. PRICES QUOTED ARE VALID UNTIL APRIL 302010. 5. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLlo 7. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. . PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Page 2 Andrea Jannarone EMS Territory Manager 800-242-9150, x9278 ZOLLo A....-nmrp.......~ TadIy." ,..------ - Agenda Item No. 16F3 May 25,2010 ZOLL Medical Corpofatjoli of 9 Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax TO: Collier County EMS Board of county Carmissioners 8075 Lely Cultural Parkway Naples, FL 34104 Attn: Les Williams QUOTATION 64075 V:2 email: leswilliamstaJcollieraov.net DATE: April 14, 2010 TERMS: SPECIAL ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRtCE 1 8700- 0730- 01 AutoPulse<<l System with Pas. Thf\l- Generates 13 $10,995.00 $10,665.15 $138,646.95 . 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- 0730- 01- 66 Demo AutoPulseCi:D System with Pass Thru - Generates 15 $8,796.00 $6,250.00 $93,750.00 . *Based on availability. consistent and uninterrupted chest compressions, offering improved blood flow during cardiac arrest. Includes Backboard. User Gukfe, Quick Reference Guide. Shoulder Restraints, Backboard Cable Ties, Head Immobilizer, Grip Strips, In-service Training DVD. and one year warranty. 2a 8778-0114 1 Year, 1 Preventative Maintenance (at time of 15 $230.00 $230.00 $3,450.00 equipment sale) 3 01 SC ZOLL Customer Loyalty Discount 1 $0.00 ($3,450.00) ($3,450.00) . 4 8700- 9901 ZOLL (Revlvanl) AuIOPulse Trade-in 5 ($2,200.00) ($11,000.00) - 5 8700-9901 ZOLL AutoPulse Trade-in 23 ($3,500.00) ($80,500.00) .. 6 Inleresl Rale e15% $5,758.36 . This quote is made subject to ZOLL'. standard commercial terms and conditions (ZOLL T's + C'.) which f!lI!.1 Subtotal $146.655.31 accompany this quote. Any purchase order (P.O.) Issued In response to this quotation will be deemed to FOB: Shipping Point Freight Prepay and Add incorporate ZOLL r. + 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 term. or conditions shall .pp~ to the sale of good. or service. governed by this quote and the customer's P.O unless set forth In or referenced by either document. 1. DELNERY WILL BE MADE 6D-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4, PRICES QUOTED ARE VALID UNTIL APRIL 30 2010. 5. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLLo 7. PURCHASE ORDER ANO QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 97~21-OO15. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 9. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Page 1 Andrea Jannarone EMS Territory Manager 80D-242-9150, x9278 ZOLL QUOTATION GENERAL TERMS & CONDITIONS 1. ACCEPTANCE. This Quotation const~ules an olfef by lOLL Medical Corporation 10 uU to Ihlt Customer II'1e equipment (Including . license to Ule certain software) lilted in Ihl, Quotation and ,. ie5crfbed in !he IpeclflC8tionl alther attached to or referred to In this QuotIltIon (hereinafter referred to . Equlpment)_ Arrj acceptance of Il.Ich ol'Ier II 8Xpmlly limited to the tenns of thle Quotation, including lese General Term. and Condltiona. Aeceptance shllll be 10 limited to thls Quotation notwtthlmndlng (I) any conflicting written or o~1 repreHntatlonl mea. by ZOlL Medical Corpor1lllon aT eny agent or emplO)'H of ZOU Medical Corpontion or (n) I'8OIlpt or IICKnoNledgement by ZOLL MediCal Corporation of "''1 pun::ha8e oraer, Specification, or other document Issued by Itte CUstomef. Any IIlJl?h cIocument .ha11 be whoIy Inapplicable to any sale made pu"8Wlnt to tI1il Quotation, and ,hall not be bindng in any way on lOLL Medical CorpOrlltion. Acceptance d thls Quotation by the Customer shall creale In lIgIH(TI8fIt between lOLL Medical CorpOration and the Customer (hereln8l'ter referred to 8. the 'Cantntet" the terms and condttions of _ . which.... expreuly limited to the provIllons Ofthla QuotMlon Including these Terms and CondItIOns. No ~ WII!ver change or modftcallon of any of the provillOl'll of thll QuotatiOn or the Contract lItIIlIl be binding ~ ~;~; ~~:--~~~:8i::= :~geof ~~~:= ~)~~ ~~~~ =(ftj)(1i~ slgn&d by an authorized repruentative of lOLL Medical Corporation. .j,J 2. DEUVERY AND RISK OF lOSS. Unless otherwise stated, all deliveries shell be F.O,B, lOll Medical Corporation's fIIcllity. RlIk of Ion or damage to the Equipment shall pass to the Customer upon oeDvery of the Equipment to Ih8 carrier. ~ ~1~EIl~~IS ~:rP::':::"i~m:::r~~;",e :C~~'\~~r~~~~~nt ~ ~;~= 4-1 hereunder wt*=h re~n unpaid after the ,elate snell be 4, CREDIT APPROVAL All shipments and deliveries shall at all times be subject to the approval rA credit by lOll Medical Corporetion. lOll Medical Corporation may at any time dedine to make any shipment or delivery except upon receipt of paym&f1t or security or upon terml regarding credit or . S&ClJrtty satistlctory to lOll Medical Corporation. ~ "'AXES & FEES. The prlcIng QUOted in i1s CuoI8lion do not Include satee usa, exelle, or other simMar t. ~~o~ ,;rn:~:e:~l~om~ 0:=': ~y~::/o~=~~'~eC:=~ s::~rP= ~~ ~ customl duly or ch&rge applicable to the sale or UI8 of the Equipment sold hereunder (alCC8pt any tax based on the net income 0/ lOll Medical CoI'pOf1ltioO), and any order processing feal thllt ZOLl may ::~p:=~m~~~eth:=~n~~:'y provlde lOll Medical Corpor8lJonwith atsx : I, WARRANTY, (a) IOU Medical Corporation warrantl to the CUstomer that from the eal1ier of the date Q.) of installation Of thirty (30) days attar the ctate of llhIpment from lOlL Medical Corporation's facility, the fi ~:~~~~~= :=eSO;~and~~m:):I~=:~I:~~~S::~n:e~:::n;,~~ be warranted lor ninety (90) days from the date of stvpmenl During such period IOU Medical rtj Corporation will Bl 1"10 charge to the Customer ellhar repllir or replace (81 lOll Medical CorpOlBtion'l ........ lOIe option) any part of the E~ipmenl found by lOLL Medical Corporetion to be defective in mBl&lial or . ~~'-'\Ioric.manship. If lOll Medical Corporation's Inspecllon detects no defeellln material or workmanship, Xl Medical Corporation's regular service chlll'98s shall apply. (b) lOLL Medical CorpMltlon shell not , responsible for any Equipment defect failure of the Equipment to perform any specified 'unction, or :- ~~~~ r:;~~~a=er~u~:s;~:rr:;d:C:~ ~ :~~:a= p%~I!..n-:n=O~ ~O~ tI] Medical Col'pondion: (II) the USII of tha Equipment with eny associated or compIamentery equipment -+.J accessory or software not specffied by ZOLL Medical Corporation, or (I~n any misuse or abuse of the 19 ~~':i:: =x:s~rel~~ceM~~:~~~~::~I:~V~~:~I:eone:'~~:n~~~~~o:~::: CI) than in accordance with ZOll Medical Corporation's instrucliort8. (c) Warranty dollS not cover Items ~ :~r::=.~jr~ ~~~~n~Ur:~~S:tYi,:~~n~~ut:~I:~~~~~~::d b:~e:~. ~b; ~ EqUipment (lncludmg software embodied in read-only memory knoWn liS .flrm.....are;. (e) The foregOIng ... warranty constitutes the exclusive remedy a1lha Cuslomer and the exclusive liablUly of lOll Medical ~g>(),n:~~ ~E~ny F~r:T~ ~E:JINw~,X~~~~~ ~~DE~~~n1M:;~~ ~~u~~Ti~~ C'\ RESSl Y DISCLAIMS ALL OTHER WARRANTIES WHETHER VoIRITTEN, ORAL, IMPLIED, OR _ . A TUTORY, INCLUDING BUT NOT liMITED TO ANY WARRANTIES OF MERCHANT ABILITY OR ~ FITNESS FOR A PARTICULAR PURPOSE, !!2 7. SOFlWARE UCENSE. (a) All software (the .Software. which term shall incllJda firmware) Included as 'U part of the Equipment is ijcensed to Customer pursuant to a nonexclusive limited iicense on tfle terms hereinafter set forth, (b) Customer may not copy, distriblJle, modlly, translate or adopt the Software, and :S ~:;~ ~;::~Iea;o:'~~ t=~~~~o~=;~~::n~~~~~;;e~~~=v~~\~~~ ~~ -,...f rights in the Software remain the product of lOll Medical Corpofallon, amI Customer shall have no nght :-J: or interest therein except as IlXpressly provided herein. (d) Customer's rirtrt to use the Software may be terminated by lOll Medical Corporation in the event d any failure to comply with terms of this rg ~U:~:~~~Cau~:; :Yr=~f:~:~:sn: :",seor:a~~~~~~ ~~:~C;~ ~~l~~~~~ ~ Corporation walT8nts that tfle read.on.IY memo~ or other meclla on wh. Ich the Softwere Is recorded will be free from defacts in materials and wOl'1<manshlp for the period and on terms set forth il'1 section 6. (g) Customer understands that tI'l8 Software Is a complex and sophisticated software product and no rtj assurance can be given thai operati~ 0/ the Software will be ul"lnterrupled or error-free, or that the Software will meet Customer's requIrements. Except as set forth In section 7(f}, ZOll MEDICAL c: CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ..-1 SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR '0 ~~~;m~~T~I~~:: ~~~T;:~~ ~~ ~:~~~~~ :~::~e~~n~I~~h:~:;;~ s~~~:~~ -& ~~~~~:~~~e~~s~::i:S~~y~oa~~2~ :::c~:~o~~:,:~~hat it correctly reP'Dduces 8. DELAYS IN DEUVERY. lOll Medical Corporetion shall not be liaNe for any delay in the delivery of any pert of the Equipmentlf such delay is due to any cause beyond the control of the lOll Medical Corporation including, but notlirnited to acts of God, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, inabiilty to obtain materials, components, manlJlacluring facHities Of transportation or any other cause beyond the control of ZOlL Medical CorporaIion. In addition ZOll ~"'f;!dical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to lidll any necessary infonnalion in a timely manner. In the event of any such delay, the date of JITlent or performance hereunder shall be extended to the pe~od equal to the time lost by reason of --,ch delay. In tfle event c:l 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 epproximate only and ZOll Medical Corporation shall riot be liable for Of shall the Contract be breached by, any delivery by ZOll Medical Corporation within a reasonable time aller such dates Agenda Item No. 16F3 May 25, 2010 Page 6 of 9 .. UMlTATIONS OF UABllITY. IN NO EVENT SHAll lOll MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM lOll 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 lOll MEDICAL CORPORATION OR OTHERWiSE. 10. PATENT INDEMNITY, lOll Medical Corporation shall at Its own exp&rlle defend any ault ht may be InstltutBd against the Customer for alleged lnl11ngement of 8I1y United Statas patents or oopyrtght. related to the P<<J1I of the Equipment or tha Software manufachncl by lOll Medical Corporation, provided thlll (I) such "Iaged InIrir'Ig8ment con'lab only In the use of such Equipment or the Software by Itself and not as a pal1 of Of In combination witI't any other devices Of parts, (II) the Customer gives lOLL Medical Corporation immedlale noIIoIIin writing of ~ such suit 8nd permits ZOLl Medical Corporation through counsel 0/ ita chaloa, to enlWtlr the chlirge d Infringement and oetend suctl aull, and (il) the Customal' givea lOll Medical CorporatioI't all raquasted information, aulstance and aLG'tortly at lOll Medlcel CorporatIon'. expense, to eMble IOU Medical Cotporatlon 10 defend such sull In the case of a fin8I BW.u of damages for Infringement in any such sull ZOlL Medical Corporation will pey suc1I award, bt.A IIllhall not be I1lIsponsIbIa for any settlement made without lis wrtttan consent SecIIon 10 states lOLL Medcal Corpol'lltiorl's total responslblllty and liability's, and the Customer's lole remedy for any actual or alleged Inlringement of any patent by the Equipment or the Softwafe Of any part thereof provioed hereJntler, In no ev.\! shal ZOll Medlcal Corporation be liable for any Indirect, spedai, or connq...ntIal damagel reaultWtg from any such Infringement 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly exemlned by the Customer upon receipt thereof. The Customer shall Inform lOll Medical Corporation of any shortage in any shipment wiIt1ln ten (10) days of receipt 0/ Equlpmenll' no IUch shortage Is reponed wllhln tan (10) day period, the shipment shall be condusively oeemed to haw been complete. 12. RETURNS AND CANCElLAnON. (a) The Customer shall obtain authorization from ZOll Medical Corporation prior to ntllJming any af the Equipment. (b) The Customer racalves authorization from ZOLl Medical Corporation to retum a procluCl for credit, the Customer ehall be subject to a reltocking charge of twenty percent (200/0) of the original fi.1 purchaH price, but not less than $50.00 per product. (e) Arry such Chartge in dellVtKY caused by the Customer that caUIIIS a delivery date greatarthan ~x (e) months from tfle CuIlllomer'1 o~al order Gate IlhaII constitute e new order for the affected Equipment In determining the appropri8le list price. 13. APPLICABLE LAW. This QuoteIlon the 14. &~~cPtn.F and services dellventd pursuant 10 tfle Contract will be prodllCllld and supplied In compliance with all applicable state and faderall....... and regulations, Indudlngthe r&q.Iirements of the Fair Labor Standards Act 0/ 1938, as amended. (b) The Customer shell be responsible for compliance wlth any federal, state and local laws and regulations apPlicable to the JnS\llllation or use of the Equipment fLlTlished hereunder, and will obtain any permits required for such installation and usa. 16, NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOll Medical Corporation may decline to make further shipments or render any further warranty or other services without In any way affacllng i1s right under suett Oftier. If despite any default by Customer, lOLL Medical Corporation elects to continue 10 makl shipments lis action shall not constltule a waiver of any oefaull by the Customer or In eny way affect lOll Medical Corporation's legal remedies regarding any auch defeLJI. No claim or rililht er1alng out d e breach of the Agreement by the Customer can be diacharved in whole or In pal1 by 'NI!Iiver or renuncietion of the claim Of right unless the waiver or renunclatioo Is supported by conSideration and is in writing signed by lOLL Medical Corporation, 11. ASSIGNMENT, This Quotation, and the Contract, may not be assigned by the Customer without the prior wrttten eoosent of ZOll Medical Corporat~, end any assignment wlthout such consent shall be null and void. 17. nTLE TO PRODUCTS, Title to rililht of possession of the products sold hereuncl8r shall remain with lOll Medical Corporation until lOll Medical Corporation deliver5 the EqtJipment to the carrier and agrees to do eli acts necessary to pel1ect and maintain such right and tlUe In lOll Medical Corporation, Failure of the Customer to pay the purd1ase price for any product when due shan give lOll Medical Corporation the right, Without liabiUty to repossess the Equipment, with or withoul notice, and to avail itself of any remedy provided by law 18. EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMAnvE ACnON. VETERAN'S EMPLOYMENT - II this order is subject to Executive Order 11710 and the rules, regulations, or orders d the Secretary or labor issued thereunder the contract dause as set lorth al41 CFR 60-250.4 is hereby included as part of tflis order. EMPLOYMENT OF HANDICAPPED 0 iI this order is subject to Section 503 of the Rehabilitation Act of 1973, as amended and the rUes, regulations or orders of the Secretary cA labor as Issued tflereunder, the contract clauslI at 41 CFR 60-741.7 is hereby incllJded as part of this 0I'0ef. ~ EQUAL OPPORTUNITY EMPLOYMENT - If Ihls order is subject to the provisiOT1s of 0" i~;~:::;:~e;:,~:~ra~~~=' S:~~:e atru~~sc~~g~1~s(a~r a~~1~ ~ ::~ ~~;~~ ~ :-~.~~ndofth~i:=~tI:~-:~~r;:n~ ~::mw~~~=:~=i,:::~~:~~~.:~ 41 CFR ~ ~~'s~~~~:~~~~~' t;:::'~ ~~~: ~::~ ;l~ a;~riC:~~o~ :,c:.taf:: ~~ ~ After such period, the acceptance of this Quotation shall not be binding ~on ZOLl Medical Corporation 2 ~~~~:~r:a:.~~~:~~ ~~I:Sa~~==~~:=O:~~d:~i:=ri~~Ll Medical -5 en ~~~a~~RAw~h ~: ~~ra~ :UI~~~~c:" ~~..Q~~~:i~::~i~,~~r:d :n~:~te~:b~ agreement between Suyer and Supplier with respect to the purct1ase end sale of the Products described In the face heI'l!lof, and onty representations or statements conleined herein shall be binding upon Supplier as a warrenty or otherwise. Acceptance or acquiesceoc.e In the course of pertormanca rendered ptJr5uant hereto shail not be relevant to determine the meaning of this writing even though the accepting or acquiescing pal1y has knowledge of tfle nature of tfle performance and opportunity for objection. No addition to or modlficstion of any of tfle terms and CClfIditlons specified herein shall be binding upon Supplier ISllellS made in wrtting and si\lned by it duly authorized representative of Supplier. The terms and conditions specified shall prevail notwithstanding any varience from the Iarms and conditions of any order or other lorm submllted by Buyer for the Products set forth on the face of lt1is Agreement To the extent that this writing may be treated as an acceptance of Buyer's prior offer. suell acceptance is expressly made conditional on liIssent by Buyer to the terms hereof". and, without limitabon, acceptance of the goods by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer shall constlh.JIe such assent All cancellations and reschedules require a minimum of thirty (3D) daysnolice. ZOLL Medical Corporation Agenda Item No. 16F3 May 25,2010 Page 7 of 9 ~~ Purchasing - Sole Source Waiver Request PrInt Form To Be Submitted To Acquleltlona Agent For 801e 80urce Purcha_ ABOVE $3000. (PRIOR TO CREATING A REQUISITION) Purehaea above $3000 require th,.. quotea or format competlUon. The departmant muIt provkle juallflcallon to Pun:heslng to request contldel8Uon to waive the coml*lllW purchaaIng proceaa and plA'Chua from a 8Ing1a vendor sa a "aoIa source" purchase. Waiwlra of sola source over $60,000 will ..quire applOlllll by the Board of County CornrnlMlonatl. To quaDfy for a waiver and a sole aouR:8 purahaaa, one of the catagortesllalad baIow mual apply. Sole Source must rnaallwo (2) lasts: ProducllseMcaltachnology Is the only one that can properly perfonn the Inlanclad function; AND vendor Is only ona ready, wlWng and able to meat Counly'sl1lqulraments. Date 14/16/10 Department IEMS Vendor Name IZoII Medlall Item or Service IAUlOPuIse Select ths category and provide rationale which supports the Justification to conalder _Ivlng the competltlve proceas for thle purchase (attach MLsupponlng documentation) r Emergency: There Is a public health or safety issue thot requires Immediate product or servtce (I.e. disasters). Provide explanation I CO' On..of-a-klnd: There Is no compelltlve product (one-of-a-klnd, and/or Is available from only one vendorj. Provide explanation AutoPulse Is patented .. the only automated CPR devtce that provide. drcumferenllal thoraclc compressions. of research U r Complltlblllty/Proprletary: There Is only one product or service capable of meeUng exlstlng conditions and the service can be obtained from only one vendor. (oeM) Provide ~plana"on I r No Substitute: A component or replacement part has no substitute and can be obtained from only one vendor. Provide ~planatlon I r Authorized DI.trlbutor: Provide a letter from the manufa<:turer stating slnglesouR:e authorized dlstrlbutor(s). Whet similar type. of products (other compllnlssl have you ......rched to find like f_rn and operabllltytG determine thl. Is a IOla louree purcha..l Attach documentation. It Is a felony to knowingly circumvent a compatltlve proceu for commoclltlu or "rvlcas by fl'llUdulantly specifying sole source. Florida Statute 838.ZZ(Z). Requested by: I ({~ g~ ~_._~ Acquisitions Agent I Olte 1/IJS-//o Date ~~4/"I.b Date t.f(ZO/ln Agenda Item No. 16F3 May 25,2010 Page 8 of 9 ZOLL "1 AutoPulse' ~CMdiIc...... ..... ZOLL _1cII1 eor,o- _ Hudquartell 289 Mill Rood Chelmaforll, M__ 01824-<1105 U.S.A. 978421-9855 978421-0025 MoIn FIX April 20, 2010 Captain Les Williams Collier County EMS/Fire 8075 Lely Cultural Parkway Naples, FL 34113 Dear Captain Williams: Thank you for your interest in the AutoPulsell!> Non-invasive Cardiac Support Pump (pin 8700- 0730-01), a revolutionary new automated chest compression system that helps deliver improved blood flow during sudden cardiac arrest (SCA). 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. The load-cllstributing LifeBand II!> squeezes a wide surface area of the chest, employing a combination of semi- circumferential thoracic compressions along with cardiac compressions. In contrast, standard manual CPR and pneumatic-clriven piston devices deliver only cardiac compressions to a very small area. Other important exclusive features and benefits include: . Automatic band chest sizing to quickly and accurately adjust to the patient's chest size for ease of set-up and use. . Integrated battery power source for ease of transport and changing power source with minimal CPR interruption. . Real-time display of compression and no-flow time. . Downloading code data for quality CPR review and documentation. . Configurability to change compression modes from 30:2 to continuous after an advanced airway is placed. Feel free to contact me directly by calling 978-421-9633 should you have any questions or need additional information. Best regards, 1aJ<f t. lllekte.tfu. Gary L. Hochstetler Marketing Manager, Circulation CORPORATE OFFICE 345 Miron Drive Soulhlake, TX 76092 8174215400 8008831199 8174888477 Fax REGIONAL OFFICES 303 Highway 51 South Brookhaven, MS 39601 601 823 6000 601 8236009 Fax 3106lakefield Way Sugarland, TX 77479 281 565 6545 281 491 7820 Fax 2384 Highway 59 East Beeville, TX 78102 361 362-2760 361362-2763 Fax 13329 County Road #334 Savannah, MO 64485 816.324-0336 816-324-0337 Fax ,3f JtL Agenda Item No. 16F3 May 25,2010 Page 9 of 9 GQYE.RNMENT CAPITAL.. .-.........-.--...,. April 26, 2010 Artie Bay Coil ier Cou nty EMS 239-252-2667 ArtieBav(6)collieroov. net Dear Artie, Thank you for the opportunity to present proposed financing for the County. I understand the County is considering the acquisition of new medical equipment and is interested in utilizing financing. I am submitting for your review the following proposed structure: LENDER: ISSUER: FINANCING STRUCTURE: Government Capital Corporation Collier County, Forida Tax Exempt Structure w/ $1.00 purchase EQUIPMENT COST: TERM: INTEREST RATE: PAYMENT AMOUNT: 1ST PAYMENT DUE $ 140,896,95 5 Annual Payments 4.55% $ 31,685,69 October 2010, and annually thereafter Financing for these projects would be simple, fast and easy due to the fact that: ./ We have an existing relationship with you and have your financial statements on file, expediting the process. Please keep in mind we will also need current year statements. ./ We can provide documentation that you legal counsel is familiar with. The above proposal is an expression of interest, subject to audit analysis and mutually acceptabie documentation and is not a binding commitment. The terms outlined herein are subject to change and rates are valid for fourteen (14) days from the date of this proposal, If funding does not occur within this time period, rates will be indexed to markets at that time. Proposed funding considers the totai cost of borrowing and may include rate adjust and call features along with effects of interest from escrow and/or issuance costs. Our finance programs are flexible and my goal is customer delight. If you have any questions regarding other payment terms, frequencies or conditions, please do not hesitate to call. With Best Regards, .2)rfIW Drew Whitington Client Services CC:Stephanie Cates "YOUR PUBLIC FINANCE PARTNER"