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HomeMy WebLinkAboutOpening of Bids - Eight Cardiac Monitors Defibrillators - Physio-Control, Inc. - Part 1Physio-Control, Inc. I Lifesaving starts here.,�� AUCAUSS 1$811 WK)m RN oad F qutfinond, VVA 98052 PHONE 61"M 41M 42,5 8P 400,0 80(),142 1142 WWow , gd qsmo­conlr(A "Co m May 1 8th, 2018 Linda Martin City of South Bend Office of the Board of Public Works 13th Floor, County -City Building, Room 1:1316, 227 West Jefferson, South Bend, Indiana 46601 Re: Notice to Bidders - Eight (8) More or Less Cardiac Mon itoirs/Defilbrillators Dear Ms. Martin, Thank you for this opportunity to respond to the emergency medical equipment need's of City of South Bend, Physio-Control, Inc. presents the following proposal for your consideration. It has been, our intent to provide City of South, Bend with all requested information in the proper format. Please visit our website at www,r)hY2,]o- control.com for additional information about our LIFEPAK product lines, ;kDPT biphasic technology and the Physio-Control industry leading Field Service Network. Physio-Control pioneered external) defibrillation over 63 years ago and today continues to, be the world market leader. We are passionate about the fife saving tools we offer and would appreciate the opportunity to continue to share with you the unique features, technology and service benefits of Philysio- Control, If you have any questions regarding our response please contact Suhmiin Chern directly at bidsit,)bl�.(cD, tryk(�rcorn. Sincerely, I ?Jen fifer P)ins Strategic gic ic Strategic icing & Contracts Manager ysioVsi O_C tro I -Control, linc. 11811 Willows Road NE Redmond, WA 98052-2003 Fax: 425-867-4970 tidsjnb,o,x(a) I -.L,corn Sections Response -to Request for Proposals 2 Pricing and WarranhA 3 Product Information Response to Request for Proposals Clarifications, and Exceptions to Notice to Bids Physio-Control, Inc. is taking the following clarifications to Notice to Bidders - Eight (8) More or Less Cardiac Monitors/Defibrillators. CLARIFICATIONS DETAILED SPECIFICATIONS Each wireless 12 lead reception package shall include: Not Applicable, Additional softvvar-Eor charges are not required for 12-Lead transn-'flssiorl for the UFEIZIAK 15, Monitor/Defibrillator. Optional Items includes: Optional Equipment/Service • Annual service agreement for software updates including ECG/N I BP/ETCO2/Pu Ise Ox calibration;kicluded with the purchase of a Physio-Contriol, Inc, Service! Plan. • Battery maintenance/replacement program; included With the purchase of a Physio- Control, linc. Service Plan. Please refer to Physio-Control, inc.'s quote nurnber 00125663 (Section 2) arA the Service Brochure (Section 3) for more details. WARRANTIES 1-his section is deleted in its entirety. Ali pliroducts purchased by the City of South Bend under this contract shall to cowered by tf,�e provisioins of Physio-Con'trol's Limited Warranty h'icluded lira Section 2 of mir response. EXCEPTIONS 20. INSPECTION OF GOODS A. The City of South Bend reserves the rigiht to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, imay be retiurned no, later, tharri 30 days from the date the product was, delivered or 30 days frorn the date the service was rendered in accordance to the Physio-Control Returned Product volley anytirne after �;tt.aravo-r-y-f--kae-rlefeotm,�. 24. METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. #4e parie(J Of payrvierit te the-datc-) 1.h(--Qty rrl\K)Ge-(( i'T-I'Pietelyfitk",d eiA)� or4J"o-e IRAY (2G) day-S7. Physk) contro� ' inc. does not currenfly provide a prompt paynnent discount as a standard praeflee. We rJo eruct have systerns in place to han(fle these types of Osc(�)unts, We are wHHrrg to extend 6scounts as ouflined b0ow, 1.)ut cannot extend 6SCOLA-As for payaients issued withn 30 days 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make paT44-Net 30 payments aft& ffi(a err cer pt of the correct Purch�.rse OrdEff' a that agfepat)lp 25. OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend by 30 days frorni thc-i date the product Ihas bleein deWeied or service rendered- 28. INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from all costs, losses, claims and suits, including court costs, reas.-)iraNE.� attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by the Bidder or because or arising out of tf.ie services rendeted randier [Ns Corrtract arvy -b"y tj"'Ic- Proposal Summary Notice to Bidders - Eight (8) More or Less Cardiac Monitors/Defibrillators Prepared for City of South Bend Physio-Control, now part of Stryker, has been involved in emergency medical care for 63 years and leads the industry Sin developing products that monitor or treat patients in emergency medical situations. Physio-Control develops technologies and designs devices according to the unique needs of our customers and our goal is to provide complete solutions for card i o respiratory emergencies. The entire Physio-Control product portfolio is designed to assist customers in their lifesaving work — whether it is accessories, disposables, flexible energy dosing, or data management solutions that help them capture patient data and learn from it to improve patient care. It is our intent to, work with the City of South Bend to design a strategic relationship model. Under thiis partnership, Physio-Control will provide the necessary resources to work specifically with the City of South Bend and fulfill the medical equipment needs for Specifications for Bid Cardiac/Defibrillator Monitors. LIFEPAe 16 Monitor/Defibrillator Physio-Control defibrillators have set the standard for six decades, and the latest version of the LIFEPAKO 15 monitor/defibrillator raises the bar. As our most advanced emergency response monitor/clefibrilliator, the LIFEPAK 15 device balances sophisticated clinical technologies and supreme ease of use in a device that's tough enough, to stand' up to your most challenging environments, The LIFEPAK 15 features temperature monitoring and external power to complement 360J of energy and 12-lead ECG transmission capability. And that means your team can be even more effective. • Extremely rugged and durable design - great for transport • Clear user interface • Compact, lightweight, with 2 batteries & AC power • Oddion Capnography, Massimo Sp02, SpCO, SpMET, 12 Lead ECG & Pacemaker, N113P, Temp. • Metronome for CPR guidance - the only solution for aduilt & peds! Sales Price Catalog # Description List Price (ea.) For City of South Bend (ea.) LIFEPAK 15 V4 Monitor/Defib, Adaptive Biphasic, Manual & AED, 99577-001955 Color LCD,100mm Printer, Noninvasive Pacing, $ 32,125.00 $ 24,093.75 Metronome, Trending, Sp02, NOR 12-Lead ECG, EtCO2, Bluetooth INCLUDED AT NO CHARGE: 2 PAIR QUK-COMBO ELECTRODES PER UNIT - 11996-000091, TEST LOAD -21330-001365, IN-SERVICE DVD - 21330-001486, SERVICE MANUAL CD- 26500-003612 (one per order) and ShipKit- (RC Cable) 41577-000284. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED, Please refer to quote # 00126685 for itemized information of the device, accessories, service and estimated shipping, & handling offered in this proposal. NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, will receive sealed bids at the Office of the Board of Public Works, 13th Floor, County -City Building, Room 1316, 227 West Jefferson, South Bend, Indiana, until the hour of 9:30 a.m. Local Time, on May 22, 2013, for the following: Eight (8) More or Less Cardiac Monitors/Defibrillators Specifications are available for download by visiting the City of South Bend's web page at www.southbendin.gov: x Click on "Business" x Click on "City Public Bids" x Click on "Request for Proposals, Vehicles, Equipment and Miscellaneous Bids" x Click on "Specification Sets & Bid Award info" x Click on "Bid/Proposal Interest Form" and register your company to receive updated information regarding this bid x Select specification to download x Print the specification or save it to your computer There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, 1308 County -City Building, South Bend, Indiana 46601. Bids received after 9:30 a.m. Local Time, on May 22, 2018, will be returned unopened. Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non - Debarment Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. Certified Check or Bid Bond in the amount of not less than 10% must be submitted with the bid. A refund of the bid security will be issued upon satisfaction of Bid Award. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interest of the City of South Bend, BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two times: April 27, 2018 May 4, 2018 Ver•. 2 — 4/16/12 , 1111 1� e�131 CITY OF SOLIIH BE19Q, INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS AND NON -COLLUSION AND NON DEBARMENT AFFIDAVIT AND NOWDISCRI M I NATION COMMITMENT FOR SELLERS BID NAME Eight (8) More or Less Cardiac Mon itors/Def ibrillato rs FOR BIDS DUE , May 22, 2018 at 9:30 a.m. Bidder Date: 5/18/2018 Address: 118 H ftHows, F-fl-) NE City/State/Zip: 13ecimond,, WA 98052 Telephone Number: (100 _) A2-11112 WhC11 the PF'OSPedille COWMC100S Unable tocertifyto an.v of the statements below, it shall affach an explanation to this Affidavit. f it I WITO 104011110* e (Must be completed for all quotes and bids. Please type or print) STATE OF SS: K it G, COUNTY The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I . Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person fi-orn bidding nor to induce anyone to refrain from bidding, and that this bid is made Without reference to any other bid and without any agreement, understanding or combination with any other person in reference to Such bidding, Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account Of Such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 1 Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, aContractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 18 day of M11Y 2018 llhvsio-Control, hle. C itractor/135idder (F* �Yn) 'v ?Sign �u e Wontractor/Bidder or Its Agent 'o Jej, ifer Collins, Strategic Pricing & Cotitrads Manager _0 Printed Name and Title Subscribed and sworn to before me this lq�' dayof M�'Y 2018 My Commission Expires 06/06/2021 Notary Public Sub,"HI, Cher", Bid & Proposal Specialist County of Residence King, County State of Washington "0 V1 N c nTARk' ILA P(Jel lC, % 0 VVAV' (To be completedonly hy Coiiti°tictoisIBi(Ititrselaiiiiiiig t© be a "local liotliait(tbti.viiievs"piti,,viiarit to LC 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business " ref ers to any of thefillolving: (])A business uhose principal place of business is located in an f q.fected county, (2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. (3) A business that employs residents qf affected counties as a majority of'its employees. (4) A business that makes significant capital investments in the effected counties as dqfrned in rules adopted by the political subdivision (5) A business that has a substantial positive economic impact on the aff ected counties as defined by criteria in rules adapted by the political subdivision. An "ql .fected county" refers to St. Joseph County, Indiana, or the folloiving counties located adjacent to St. Joseph County P,Wkharl (,ounljr, Marshall County, Starke County and LaPorte County There are the.161losvingpi-ice preferences for supplies purchasedfiroin a local Indiana business: • 5%for a purchase expected by the purchasing agency to be less than $50,000 • 3%fior a purchase expected by the purchasing agency to be at least $50,000 but less than $'100,000, • I %fior a purchase expected by the purchasing agency to be at least $100, 000. Date: No I A pphcable, Physio-Con I ro I, Inca, is 11 ot a loca I bi Is iness in I I w, Slat c ('41ndiana, Pursuant to I.C. 5-22-15-20.9, preference for Project South Bend, St, Joseph County, Indiana. F-1 The location of the principal place of business is claims a local Indiana business (Project # ) located within the City of (Addl-0,u) E] St. Joseph County, Indiana F-1 The following county located adjacent to St. Joseph County, Indiana: ❑ The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St. Joseph County, Indiana or the adjacent county noted above. The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted above. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACTALL SOCIAL SECURITYNUMBERS. Dated this day of 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title SPECIFICATIONS CITY OF SOUTH BEND BID NAME Eight($) More or Less Cardiac Mon 11tors/Defibrillators FORBIDSDUE —May22,2018at9:30a.m. Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price I, OF 11ij IR �� la "The City of South Bend Board of Public Works is soliciting sealed proposals the purchase of eight (8) more or less Cardiac Mon itors/Defibrillators, one (1) wireless twelve (12) lead reception package, certain trade-in equipment, and certain optionalitems. Pricing to be valid for twelve months after the date of award. This equipment is to be used by South Bends filirefighter/pararnedics on emergency medical service calls. Each Cardiac Monitor/Defibrillator shall include: • A rninimum of low energy biphasic defibrillation and synchronized cardiovers,ion; • I -lands free defibrillation with cable; • 3 Lead ECG cables; • Noninvasive Blood Pressure Monitoring; ® Integral external pacing with cable; • 12 Lead acquisition and transmission capabilities with cable(s); • interpretive software for the 12 lead rhythms • Pulse oximetry with cables and adult/pediatric sensors; • End tidal CO2 monitoring and cable; • Carrying/protective padded case (Note: If there is a case option that provides a level of protection, to the unit and accessories, that will positively affect the warrantee or cable replacement over the life of the unit, that is the case which will be quoted); • Rechargeable batteries; 3 lithium ion batteries per monitor; • Defibrillator tester; • AC power module and cord; • Printer; • PC card slot(s); • Code marker ability; • Ambulance mount kit; • Blood pressure cuff kit (tube, 1g. adult, sm. Adult, thigh, pediatric); and • Desk top battery charger for each monitor. @ 6 additional 3 Lead ECG cables @ 6 additional 12 Lead ECG Cables @ 6 additional Pulse oximetry cords and adult sensors Each Automated External Defibrillator (AED) shall include: • AED with adult and pediatric capability; • Carrying case; and • Non -rechargeable battery pack. "Each wireless 12 lead reception package shall include: • all necessary software; and • installation technical support and training. • Not to include Personal Digital Assistant (13DA), cell phone, or wireless subscription fees. • monitor to EHR and Monitor to Hospital wireless ECG transmissions. Trade-in Equipment includes: Up to eleven (11) Zoll E Series Cardiac Monitors and up to eleven (11) desk top battery chargers. Trade-in equipment shall be in 'as is' condition and may be inspected by contacting Andrew Myer (574) 235-9255. Vendor shall be responsible for obtaining the trade-in equipment from the South Bend Fire Department upon delivery of purchased equipment, 'HO ppdk:;flfl(:-wio uquii �_E hm I (,mp ilia, 1,� III lUjf Optional Items includes: Optional Equipment/Service • Annual service agreement for software updates including ECGINIBPIETCO21Pulse Ox calibration; • Battery maintenancelreplacement program; and • Sensors for capnography, pulse ox, 1 additional sets of monitor leads (3 and 12 Lead). • High energy biphasic defibrillation (360J) and synchronized cardioversion. Optional Lease/Purchase Agreement: • Amount of Lease/Purchase is based on the Proposal Form's "Proposal" amount. • Quotes are requested for a three (3) year term and a five (5) year term. • First payment is an upfront payment. WARRANTIES The vendor shall guarantee the equipment, all parts and workmanship to be warranted free from defective materials and workmanship for a period of at least one (1) year or the manufacturer's standard warranty, whichever is longer, from the date the equipment is put into service by the City. The vendor will include with their proposal, the details of the standard warrantee for the equipment purchased. The vendor will also make available a guarantee, in writing, stating the time period that parts will be available, from the manufacturer, for the equipment quoted. Under this guarantee, the vendor agrees to make good without delay and at the vendor's own expense any failure of the equipment due to faulty components, parts or construction. The vendor will also provide with their proposal, pricing for an ADDITIONAL two (2) year, extended warrantee, with all specifics of said extended warrantee coverage, for the equipment purchased. The vendor will also include a lifetime replacement option, if available, for all sensing cables that will be supplied with the unit (barring negligent use by the purchaser). The vendor shall be fully responsible for all warranty performance relating to any part or component of the purchased item(s) or equipment. The vendor shall guarantee further that the item(s) or equipment to be supplied complies with all applicable regulations. Submission of this bid shall constitute a guarantee by the bidder that a complete stock of replacement parts for the specified item(s) or equipment is available. Bidder shall state in writing the conditions and duration of the warranty bid in detail on an attachment to the bid. Bidder shall include with the bid package a list of locations from which warranty work will be administered. MANUALS One (1) copy of each: parts book, operator's manual and service manual are required for each unit purchased. =1111W 4L BID NAME Eight (8) More or Less Cardiac Monitors/Defibrillators FOR BIDS DUE May 22,20118at9:30a.m. Item No. Est. Qty. Item Unit Price Total' 1 8 Cardiac Monitors/Defibrillators (Quote 001266851 $30,535,31 $ 244,282.50 2 8 Wireless 12-lead reception package $ NIA NIA Trade-in Equipment: Up to eleven (11) Zoll E 3 8 Series cardiac monitors and up to eleven (11) desk top battery chargers (Quote 0012tiv685j -5,did(:).00 $-40,000.00 Optional Equipment/Service: Annual service Re.ase defel to F'Iease refeic agreement for software updates including Physio (',ontrol, ine. Physin Contrd, Inc. CG/NIBP/ ETCO2/Pu1se Ox calibration, battery quotes 00126690 end 00 125663 for qL10teS 00126690 and 0012,5663 for 4 1 maintenance/ replacement program, sensors for pricing c�ietaiis on pricing details on capnographiy, pulse ox, 1 additional set of the optional the optional monitor leads (3 and 12 lead), high energy and equia nd biphasic defibrillation (360J) and synchronized Dpivieml ervices servpau,"I'd ices cardlioversion TOTAL $ 204,2V.50. *Iease refoto Flhysio Cointrol, inc, qUote number 00126685, 00126690 and 00125663 tor.more details on the ptoducts listed above as well ais additional (optional) accessories. Bidder (Firm): Physio-Contiol, Inc, Address: City/State/Zip: Telephone Number: 11811 Olkws RD NE Redinond, WA 98052 800 A112 1142 By Gary A. Gilot, President Suzanna M. Fritzberg, Member. James A. Mueller, Member` Fax Number: 42,94,3674970 (Signature) Jennifer Collin s (Printed Name) Strategic Pricing & Contracts Manager (Title) Elizabeth A. Maradik, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk Wm CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS 1. BID FORMS AND EXECUTION A, Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do so will be at the Bidder's risk. B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and Specifications. Bids must be made on the form provided, The Bidder shall sign the Proposal and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required:. C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership or joint venture, the name and post office address of each member of the partnership or joint venture must be shown, If made by a corporation. the Proposal must be signed by an officer of the corporation or by a representative duly authorized by the corporation to execute the Proposal in its behalf. SEALED BIDS ONLY A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed envelope marked on the outside with the general classification of material bids, i.e. "Bid for Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies." B. When samples are required, such samples shall be delivered or shipped at the bidder's expense to the address specified in the Invitation to Bid. Samples must be shipped separately from bid documents and labeled clearly with the Bidder's name, address and the commodity or equipment classifications and documents, the item (and item number, if any), and Material Safety Data Sheets (if applicable). All samples must be representative of the commodities or equipment which will be supplied by the successful Bidder. All samples will become the property of the City of South Bend and none will Ibe returned, unless otherwise stated in the Specifications. C. In the event of an inconsistency between provisions of the contract documents, the inconsistency shall be resolved by giving precedence in the following order: 3. ORDER OF PRECEDENCE A. Bid Form attached Proposal B. Amendments to Specifications C. Specifications D. Special Provision E. Instructions to Bidders F. Notice to Bidders 4. DELIVERY OF BIDS A. Bids must be delivered to the Office of the Board of Public Works, 13"' Floor, County -city Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 466011 (574) 235- 9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally, the sealed; envelope containing the Bid must be mailed to, the following address: City of South Bend Clerk of the Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 466011 B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The City will not be responsible for deliveries, Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders, Bidders, their authorized agents, and the public are invited to be present. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a separate, sealed envelope, with the enveloye_clearly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. 5, ADDENDA— NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. 6. REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES INCOMPLETE BIDS AND ETC, A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. 7. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. & VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. 4. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 1 ]. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid, No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price, All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13. AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDSIDIVISIBLE. BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 15. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. is. SOURCE OF SUPPLY A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub- contractors must be identified. 19. PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 20. INSPECTION OF GOODS A. The City of South Bend reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, may be given at any time within one year after discovery of the defects. B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment, D. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code, 21. ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest in the Contract without the consent, in writing, of the City. 22. CANCELLATION A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct on the part of the Contractor. 23. DEDUCTION OF DAMAGES A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 24, METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 25. OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend. 26, ESTIMATED QUANTITIES A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount, The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 27. TERM "OR EQUAL" A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the Specifications. 28. INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by the Bidder or because or arising out of any defect in the goods, materials or equipment supplied by the Bidder. NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening time and date. 1316 COUNI V-('1TY WAID ING, 227 MI. JEFFERSON BOULEVARD SOUTH BrND, INDIANA46601-1830 PHONLi 574/235-9251 FAX 574/ 235-917'1 TDD 574/ 2,35-5567 CITY OF Soun-i Bi,"N,i) Pi;'1'43 MAY01t BOARD OF PUBLIC WORKS Date: May 17, 20 18 TO: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: I Project Name: Eight (8), More or Less, Cardiac Monitors/Defibrillators Project Number: ii'l 513 1 plow 111`11 1 1 i , I INA 0[4114 111 1 11711A Date Received: May 17Ii), 2018 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing, this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of rieceipt.A copy MUST also be included with your bid package upon submittal. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: 11113'sio-(..'ontrol., filc. Authorized Signature:(2" Date: May 17th, 2018 JoilliFer Collills, Strategi(' 1"Hoing & Contnicis Aaiiauer Versimi 4/2/2015 PROJECT NAME: EIGHT (8), MORE OR LESS, CARDIAC MONITORS/DEF113RILLATORS ADDENDUM NO. I Date: May 17, 2018 To: All Plan Holders From: Linda M. Martin, Clerk of the Board of Public Works The following informationisto be addedto the contract docurnents. 1) Are bid bonds required? a. Answer: Yes, as stated in the Notice to Bidders, as 10% Bid Bond is required. 2) In regards to section A under "Rejection of Proposals Containing Alteration, Erasures, Incomplete Bids, and Etc,", if ZOLL was to take exceptions to clauses within the bid document be considered as an alteration and would those exceptions be considered? a. Answer: Exceptions will be taken into consideration in awarding the bid, 3) How many years would you like the annual service agreement to cover? a. Answer: One (1) year. 4) For the lease options, what type of initial "first payment" would you expect either as a percentage or dollar amount? a. Answer: There is no lease option. 5) We noticed that you wish to trade in eleven (11) devices and wish to purchase eight (8) devices, is this correct? a. Answer: The bid specs state "up to" eleven(]]) trade-ins of the ESerlesZolls. Purchase is for eight (8). 6) Would you be interested in remanufactured devices with the same warranty? a. Answer: No. 7) You are requesting six (6) additional three (3) lead cables needed. Out, 12 Lead cable comes with 4 lead trunk cable and the V-Leads. Would this be an acceptable option to consider? a. Answer: Yes You must acknowledge receipt of this addendurn by signing the first page, returning it via facsimile to (574) 235-9171, and a copy of the first page must be included with your bid. —This addendum consists of a total of 2pages — Version 4/2/2015 %Ui" Document A31 0 TM .20111, �-'V#A -" =##A CONTRACTOR: (Natne, legal status and address) PHYSIO-CONTROL, INC. 11811 Willows Rd NE Redmond, WA 98073 OWNER: (Nance, legal statits and address) CITY OF SOUTH BEND SURETY: (Alame, legal status andprincipal place of business) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeleyeet Boston, MA SO2'1'1 6 227 West Jefferson, 13th Floor, County -City Buflding Room 1316, South Bend, IN 44601 BOND AMOUNT: Ten percent ofamount bid. (110 '. of Amount Bid) PROJECT: (.hlain e, location or address, and Project number, ifaq�v) Product Ll FEPAKI 5 + Accessories/Service This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Project NrinibcT, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and. Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, bobween the amount specified in said bid and such larger amount for which the Owner may in good faith contract withanother party to perforni the work covered by said bid, Ilion this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives alry notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain dre Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deenied to be Subcontractor and the reran Owner shall be deemed to be Contractor. O%Jill I I fit//// When this Bond has been furnished to comply with a statutory orotlicrlegal requirement in the locatiol���f"roe �-�cPr--ojc--ct;.'/- any provision in this Bond conflicting with said statutory or legal requirement shall be deemed delete and provisions conforming to such statutory or other legal requirement sliall be deemed incorporated her i. hecguporate furnished, the intent is that this Bond shall be Construed as a statutory bond and not as a coutnion ]awi Sea] 1966 Signed and scaled this 1 7th day of May, 2018 PHYSIO-CONTROL, INC. Q r1k Vitness) S,,,, 'T, " ..10'eI IC � z (witness) Titus Simons III (Dtle) Derek J. Elsf-66, Attorney in Fact AlA Document A3101m —2010. Copyright 01963, 1970 and 2010 by TheArnarican Insfiftile of Architects, All rights reserved. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Mower of Attorney limits the. acts of those named herein, and they have no authority to bind.the Company except in the manner and to the.extent herein stated... Certificate No. 796 7.777 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS 8Y THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company .is a corporation duly organized. under the laws of the State of Massachusetts, and West American Insurance Company is a corporation. duly organized under the Jaws of the State of Indiana therein collectively called the. "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Marcia K. Cesafsk • Derek J. Elston• Michelle Krebs Ann Mullitis' Christo her P. Troha- Aerie Walton all of the city of Chicago state of IL each individually if there be more than one named, Its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf.as surety and as. its act and deed, any and all undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed, by the president and attested by secretary of the Companies in their own proper persons IN WITNESS WHEREOF, .this Power of Attorney has been subscribed by an authorized officer or official of the.Companies and. the corporate seals of the Companies have been affixed. thereto this 26th day of December 2017 M N1.c Lx.1�{'v .�oA�oeFu y - •� The Ohio Casualty.Insurance Compan t�t� _1912 Liberty Mutual Insurance Company a)-. -. G r _ b �. 19�1 West American Insurance Company N Jy�t"NSrtr 'p4l'2r ��i3 Tli HlVS���r'2' /� "1•�\..* S'� J2 N 1 Fay. it Q STATE OF.PENNSYLVANIA ss David M. Carey, Assistant Secretary _ COUNTY OF MONTGOMERY C —o On this 26th day of December 2017 , before. me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of. Liberty Mutual Insurance. V t^ v a) Company, The Ohio.Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for Ihe.purposesUJI - therein contained by signing on behalf or the corporations by himself as a duty authorized officer. ds cv ►. IC L d > IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the —day and year first above written. O . y ��¢ PAS�� COMMONWEALTH OF PENNSYLVAMIA Q M rL �{ :-Nola6al Seal - � _ _ N'Z� - r� G of < - Teresa Paslelin, Notary Public, By: ----- --- 0 'D O i tipper WrionTwp., Montgomery County Teresa Pastella, Notary Public .-.. _ My Commission Expires March 28.2021 f�sr��P �o Q. �� GeV Member, Pennsylvamn Assucinfinn of Wanes O Erafy 02 _ Q. . C ` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws. and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual. rn 0 aj ,r Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading. as follows: w? m (I> ARTICLE 1V—OFFICERS —Section .12, Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C ,�5 to such limitation as the Chairman or the. President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, + O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such altorneys-in-fact, subject to the limitations set forth in.their respective powers of attorney, shall have full power to bind lhe:Corporation by their signature and execution of any such instruments .and to attach thereto the seal of the Corporation. When so cu executed, such instruments shall be as binding as if signed by the President and attested to by the.Secretary. Any power or authority granted to any representative or attorney -in -fact under' > a ,a the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. } N ARTICLE XIII -.Execution of Contracts — SECTION 6, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose. in writing by the chairman or the. president, E o? L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, M Z seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, :Such attorneys -in -fact subject to the limitations set forth in:their. A o respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.O �? Certificate of Designation — The President.of the Company,. acting pursuant to the Bylaws of the.Company, authorizes David M: Carey, Assistant Secretary to.appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge.and deliver as surety any and all undertakings, bonds, recognizances and other surety. " obligations. Authorization.— By unanirnous consent of the Company's Board of Directors, the Company.consentsahat facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any:power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the.Company.with the same force and effect as though manually affixed.. t, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insuranco..Company, and West American Insurance. Company do hereby certify that the original power of attorney of. which the foregoing is a full; lrire and correct copy of the Power of Attorney executed by said. Companies, is in full force and :effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of t 20.. 1$ �(Y Iri'.S{� - 5 LNSf1l. �SNSfry - q`)HsP'rura,�g� �,�)AnSea�froYcF ��r�.5:ronvU'1�� /i �w a t3t9 : o r 1912 7 r 1991 By: "•s3 ' ? Renee C. Llew ssistant Secretary 146 of 500 LMS 12873 022017 ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF WILL On this 17th day of Ma, 2018, before me, Aaron D. Griffin, a Notary y Public, within and for said County and State, personally appeared Derek J. Elston to me personally known to be the Attorney -in -Fact of and for Liberty Mutual Insurance Company and acknowledged that s/he executed the said instrument as the free act and deed of said Company. . I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at any office in the aforesaid County, the day and year in this certificate first above written. IS OFFICIAL SEAL AARON D GRIFFIN FNOTA�RY PUBLIC, STATE or ILLINOIS Notary Public in the State of Illinois MY COMMISSION EXPIRES 11/0212019 County of Will ACKNOWLEDGEMENT BY PHYSIO-CONTROL, INC. STATE OF WASHINGTON COUNTY OF KING 1, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that Jennifer Collins, Strategic Pricing & Contracts Manage , authorized representative of Phy -sio- Control. Inc. appeared before me on this 18th day of May 2018 in person and, being first duly sworn on oath, acknowledged that he/she executed the foregoing document on behalf of the Company she represents. Submijin Chern Notary Pu!bliic Bid & Proposal Specialist Signature 06/06/2021 Commission Expires Physio-Con�trol, Inc, Lifesaving stags here. - ADDRESS May 16, 2018 11811 Willows Road NE Rodniond, WA 98052 PHONE Phiysio-Control, Inc. is the sole -source provider in the Hospitals (hospitals and hospital -owned GEWRAL 4258674000 facilities), Emergency Response Services and Emergency Response Training (paramedics, TOU FREE professional and volunteer fire) markets for the following products: 800 442 1142 0 New LIFEPAKO 15 monitor/defibrillators a New LIFEPAK 20e defibrillator/monitors 0 New LIFEPAK 1000 automated external defibrillators * New LUCASO 2 Chest Compression System 0 TrueCPRTM Coaching Devices Physio-Control, Inc, is the sole -source provider in all markets for the following products and services: • RELIsm (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENETO System and related software • Factory -authorized inspection and repair services which include repair parts, upgrades, inspections and repairs • PuliselPoint Agency Services • HlealthEMS® Software • HomeSolutionis.NET'o Software • ACLS (non -clinical) LIFEPAK defibrilllator/monitors • Heart Safe S61ution8m Government Campus Solution Physio-Control is also the sole -source distributor of the following products for EMS customers in the U.S. and Canadian markets: • McGRATTM MAC EMS Video Laryngosope • McGRATH MAC Disposable Laryngoscope Blades • McGRATH X BladeT11 Physio-Control does not authorize any reselllers to sell these products or services in the markets listed above. We will not fulfill orders placed by non -authorized businesses seeking to resell our products. If you have questions, please feel free to, contact your local Physio-Control sales representative at 800.442.1142. Sincerely,, PHYSIC) -CONTROL, INC. Matt Van Der Wende, Senior Director, Americas Sales GDR 3321967F Formw_9 Request for Taxpayer Give Form to the (Rev, November 2017) Identification Number and Certification requester. Do not of the Treasury send to the IRS. Internal Revenue Service I � Go to www.irs.gov/ForinW9 for instructions and the latest information. I Narne (as shown on your Income tax return). Name is required on this line; do not leave this line blank. ih.YSIo-Contr9fJrtq. 2 Hi"-n-e"s"-s-n,-a-m,e/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is ordered on fine 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see instructions on page 3): Individual/sole proprietor or 0 0 Corporation D S Corporation Partnership ❑ TrusVestate 0 single -member LLG Exempt payee code (if any) 5 CL 01 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) i Note- Check the appropriate box In the line above for the tax classification of the single-momber owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is code if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLO that CL is disregarded from the owner should check the appropriate box for the tax classification of Its owner. 1 E] Other (see, instructions) 0- 6 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 111811 Willows Rd NE n 6 City, state, and ZtP code Redmond, WA 98052 7 List account number(s) here (optional) Taxpayer Identification Number (TIN), Enter your TIN! in the appropriate box. The TIN provided must match the name given on fine 1 to avoid backup withholding. For individuals, this Is generally your social security number i However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later, For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note- If the account is In more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or security e■n Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholdling, or (b) I have not been notified by the Internal Revenue Servlco (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (o) the IRS has notified me that 11 am no longer subject to backup withholding: and .3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (if any) !indicating that 11 am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA!, and generally, payments other than Interest and dividends, you are not required to sigi certification, but you must provide your correct TIN. See the Instructions for Part 11, later. Signature of Here I U.S.personlib, CD General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www,irs,govIFormIN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IIRS must obtain Your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. a Form 1099-INT (interest earned or paid) Date li I / 14 / 1z"', a I ® Form 1099-DIV (dividends, including those from stocks or mutual funds) ® Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) * Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) * Form 1099-5 (proceeds from real estate transactions) * Form 1099-K (merchant card and third party network transactions) ® Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) ® Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding, See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11 -2017) S'Dection 2 Pricing and Warranty Physio-Control, Ine 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073-9706 U.S.A. www.physio-control.com tel 800.442.1142 Sales Order fax 800.732.0956 Service Plan fax 800,772.3340 To South Bend FD Quote Number 00126685 Attn-. Andrew Myer, Assistant Chief of EMS Revision # 1 1222 S Michigan St SOUTH BENDJN 46601 Created Date 5/18/2018 (574) 235-7562 Sales Consultant Ed Fee am Louthbendin.,gov 2d feet±e try r com _ FOB Destination Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 6/30/2018 LIFEPAK 15 V4 MonitorlDefib, Adaptive Biphasic, Manual & AED, Color LCD, 100mm Printer, Noninvasive Pacing, Metronome, Trending, Sp02, NIBP, 12-Lead ECG, EtCO2, Bluetooth INCLUDED AT NO CHARGE: 2 PAIR QUIK-COMBO ELECTRODES 99577-001955 PER UNIT - 111996-000091, TEST LOAD - 21330-001365, IN-SERVICE DVD - 21330-001486, SERVICE MANUAL CD- 26500.003612 (one per order) and ShipKit- (RC Cable) 41577-000284. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. Trade-in Trade in of Zoll E-Series towards the purchase of Lifepak 15 product 21330-001176 LP 15 Lithium -ion Battery 5.7 amp hrs 11141-000115 REDII-CHARGE Base (power cord not included) 11140-000052 LP1 5 REDI-CH!ARGE Adapter Tray 11140-000015 AC power cord 11140-000072 LP15 AC Power Adapter (power cord not included) 11140-000080 Extension Cable (5ft 3 in) 11111-000018 12-Lead ECG Cable, 5ft Trunk cable with AHA limb leads 11111-000022, 12-Lead ECG Cable, 6-Wire Precordial Attachment (AHA) 11160-000013 NIBP Cuff -Reusable, Child 11160-000017 NIBP Cuff -Reusable, Large Adult, Bayonet 11160-000019 NIBP Cuff -Reusable, Adult X Large LIFEPAK 15 Basic carry case w/right & left pouches; shoulder strap 11577-000002 (11577-000001) included at no additional charge when case ordered 8.00 32,125.00 -8,031.25 24,093.75 192,750.00 8.00 0.00 0.00 -5,000.00 -40,000,00 24.00 479.00 -127.25 35115 8A42,00 8.00 1,55,5.00 -415.00 1,140.00 9,120.00 8.00 211.00 -56.50 154.50 1,236.00 16.00 83,00 -22.25 60.75 972.00 8.00 1,720.00 -430.00 1,290.00 10,320.00 8,00 310.00 -77.50 23Z50 1,860.00 6.00 380.00 -101.00 279.00 1,674.00 6.00 15100 -40.50 112.50 675.00 8.00 25,00 -7.00 18.00 144.00 8.00 34.00 -9.2�5 24.75 198.00 8.00 49,00 -12.25 36.75 294.00 8,00 327.00 -87.00 240.00 1,920.00 Quote Number: 00126685 with a LIFEPAK 15 device 11260-000039 LIFEPAK 15 Carry case back pouch 11220-000028 Carry case top pouch for use w/LIFEPAK 12 or LIFEPAK 15 11171-000046 M-LNCS DCI, Adult Reusable Sensor, 1/box 11171-000037RC-04, Patient Cable, 4 ft. , 11box 11171-000047 M-LNCS DCIP, Pediatric Reusable Sensor, 1/box 21996-000109 Titan III - WIFI Gateway 8.00 84.00 -22.50 61.50 492.00 8,00 59.00 -16.25 42.75 342.00 14.00 301.00 -75,25 225.75 3,160.50 14.00 254.00: -63,50 190.50 2,667.00 8.00 301.00 -75.25 225.75 1,806.00 8.00 1,035.00 -258.75 776.25 6,210,00 Subtotal Estimated Tax Estimated Shipping & Handling USD 204,282.50 USD 0.00 USD 185.00 Current Sales Tax Rates will be applied at the time of Invoice and tax rate is based on the Ship To location Grand Total List Price Total Total Contract Discounts Arnount Total Discount Trade In Discounts Tax + S&H USD 204,467.50 Pricing Summary Totals USD 326,472.00 USD-762.00 USD-81,427.50 USD-40,000.00 USD 185.00 GRAND TOTAL FOR THIS QUOTE USD 204,467.50 Quote Number: 00126686 �Please provide a company iissued Purchase Order that includes Billing and Shipping Address. PO must reference payrneritterms of Net 30 days. - OR — Reqi.dred jjjil foIrnatkin ff ni,a!) Purchase Order lk provided . .................... --- — --- .... . ..... . -- . .... ........ — --------- Billing Address same as address on quote Shipping Address same as Bilging.Address Account Name Address City State Zip Code Accounts Payable Contact Information Accounts Payable Contact Accounts Payable Email Authorized Customer Signature Account Name Address City State Zip Code Accounts Payable Phone Number Customer jsTax Exempt? Yes No Name Signature Title Date - - - -- -- --- ------------- . ........... --- - Optional information: Special Ship to Address Comments For Multiple End Users, please attach a supporting d0CUmentwith End User name, physical location, producttype and quantity To update any customer information, please complete form, at wwvv,,pliysio-control.com/aGcQ.o..n Reference Number PP/00993001/138091 Quote Number: 00126685 General Termsforall Products, Services and Subscriptions Physky _Control Inc. ('Physic') accepts Buyer's order expressly conditioned on Burer's assent to the terms set forth in this document. Buyer's order and acceptance of .any portion of the goods, services or subscriptions shalt confirm Buyer's acceptance of these term-,. Unless spectified otherwise herein, these terms constitute the complete agreement between Hie parties. Amendments to this document shall be in vinbrig and no prior or subsequent acceptance by Seller of any purchase order, ac€„:no°,ut,edgment, or other document from Buyer s p ecifyingdifferent an cVor additional terms shall be effective unless signed by both parties. Pric.ingl. Prices do notinclude freight insurance, freight forwwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods .and services. 'Sales or use taxes on, domestic: (USA) deliveries wil be invoiced in addition to tine price of the goods and services unless Plhysio receives a copy of a valid exemption certificate poor to delivery.. Discounts may not be cry binedwvit.h others pecial terms, discounts, andlor promotions. Payment. Payment for goods and services shall be subject to approval'. of credit by Physio. Unless otherwise specified by Physio tin.... writing, the entire payment of an invoice is duethirty (30) days after the invoice dale for deliveries in the USA, and sight draft or acceptable (conf nu ed) irrevocable letter of credit is requi red for sales outside the USA. Minimum Order Quantity. Physic reservesthe right to charge a service fee for anyorder less than S200.00, Patent Indemnity. . Physio shall indemnify+ Buyer and hold itharrm ers,s from and against all demands, daims, damag.es, losses, and expenses, arising out of or resulting, fryin any action by a third party against Buyer thatis based on any claim that the services infringe a ignited States patent, copyright, or trademark, or violate a. trade secret or any other proprietary right of any person or Entry. PhystR's. indemnification obligations hereunder will be subject to (1) receiving prompt written notice of the existence of any claim; (ii) being able to, at its option, control the defense and settlement of such claim (provided that, without obtaining. Hie prior written consent of Buyer', Physio will enter into no settlement Involving the admission of wrongdoing), and Lii) receiving full cooperation of Buy er i n the defense of any claim. Limitation, of Interest. Through the purchase of Riysio products, services, or subscriptions, Buyer does not accluke any interest in any tooling..,, drawings.,,, design information computer programming, patents or copyrighted or confidential information related to said products or services, and Buyer expressly agrees not to reverse engineer or dlecomp'rle such products or related software and info nm ntion. Delays. F"hysio vAli not be liable for any Voss or damage of any kind due to its failure to perform or delays in its performance resulting from an event beyond its reasonable control, incduding but not limited to, acts of Godl,labor disputes, the requirements of any governmental authority., war, civil unrest., terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio inability to obtain goods from itsusual sources. Limited Warranty. Physio warrants its products and services in accordance with the terms of the limited warranties located at IAkfu,,,",fflnr,pq,ry no_t rrrctraV a?uoua l( P. The remedies provided under such warranties shall be Buyer's sole and exclusive remedies. Physio, makes no other warranties„ express or implied', including, writliout limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHIYSIO BE LIABLE. FOR INCIDENTAL, CON SEQUENTIAL, SPECIAL OR OTHER DAMAGES. Compliance with Confidentiality Laws. Both parties acknowledge their respective obligations to maintain the security and confidentiality of individually identiliabde health information and agree to comply with applicable federal and state health information confidentiality laws. Compliance with Law. The parties agree to comply with... any and all 1..sws, rules, regulations, licensing requirements or standards that are riaw+r or hereafter promulgated by any local.,stat,e,and federa'il governmental authority/agency or accreditingladministrative.. body that governs or appllles to their respective duties, andobligations hereunder. Regulatory Requi......remenrt for Access to Infoarratiic+n, In the event 42 USC § I3g5x(v)(.l)(I) is applicable„ Physio shatl'...I make available to the Secretary of the United States Department of Health and Huirr�ian Services, the Comptroller General of the United States General Accounting Office, or any of their duly authorized representatives, a copy of these terms, such books, documents and records as are necessary to certr...fythe native and extent ofthe costs ofthe products and services provided....... by Physio. No Debarment. Physio represents and warrants that it and its directors, officers, and employees (i...), are not excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 USC § 1320a-71i(f); (li) have not been convicted of a criminal offense related to the provision of heattlacare items or services; and (iii) are not under investigation whhich. may result in Physio being excludedfrom participation um such, programs. Choice of Law.. The rights and obligations of Physio and Buyer related..... to the purchase and sale of products and services described in this document shall be governed by the lawns of the state where Buyer is located. Al......t costs and expenses incurred by the prevailing.. party related to enforcement of its rights under this document, including reasonable attorney'' fees, shall be reimbursedlby the other party.. Additional Terms for Purchase and Sate of Products. In add ition to the General Terms above, th a followring germs apply to all purchases of products from Physio: Delivery. Uniless otherwaise specified by Physio in writing, delivery shall be FOB Physio point of shipment and title and risk of loss shall pass to Buyer at that point. Partial deliveries may be shade and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence ofshipping instructions from Buyer„ Physio whit obtain transportation on Buyer's behalf and for Buyer's account. Delivery dates are approximate. Freight is pre -paid and added to Buyers invoice. Products are subjectto availability. inspections and Returns. Within 30 days of receipt of a shipment, Buyer shall nobly Physio of any claim for productdamago or nonconformity. Physio, at its sole option and discretion, may repair or replace a product to lying it into conformity. Return of any product shall be governed � the Returned Product Policy located at latp);;a, tVy w✓rrtiw io aaa, antlral araacevl„l is tpllY.vrth'Is;l- Payment of I�'ii:ys9,p' invoice is not contin entonlimmediatecorrectlonofnonconfontnrties. No Resale. Buyer agrees brat products purchased hereunder wilt not be resold to third parties and will not be reshipped to arrp persons or p laces prohibited by the lawns ofthe United States of America. Quote NUiTiber: 00126685 To South Bend FD Quote Number 0�0126690 Attn: Andrew Myer, Assistant Chief of EMS Revision # 1 1222 S Michigan St SOUTH BENDJN 46601 Created Date 5/18/2018 (574) 235-7562 Sages Consultant Ed Fee amyei,@southbeiidin.gov �ed.fee &stryker.corn FOB Destination Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 7131/2018 11111-000018 12-Lead ECG Cable, 5ft Trunk cable with AHA limb leads 1,00 380,00 -95.00 285.00 285.00 11111-000022 12- Lead ECG Cable, 6-Wire Precord,i a I Attachment (AHA) 1.00 153.00 -38.25 114,75 114.75 11171-000046 M-LNCS DC1, Adult Reusable Sensor, 1/box 1.00 301.00 -75.25 225,75 225.75 11171-000047 M-LNCS DCIP, Pediatric Reusable Sensor, Ilbox 1.00 301.00 -75,25 225,75 225.75 11996-000081 RIterl-ine Set Adult/Pediatric (box of 25) 1.00 286,00 -71.50 214.50 214.50 SmartCapnoUne w/02 delivery - Pediatric patients <44lbs (box of 11996-000128 25) 1 �00 434.00 -108.50 325.50 325.50 SmartCapnol-ine Plus w/02 delivery - AdulUIntermediate 11996 -000163 1.00 357.00 -89.25 267.75 26735 patients>44lbs, 25/box Subtotal Estimated Tax Estimated Shipping & Handling USD 1,659,00 USD 0.00 USD 45.00 Current Sales Tax Rates will be applied at the time of Invoice and tax rate is based on the Ship To location List Price Total Total Contract Discounts Amount Total Discount Trade In Discounts USD 1,704-00 Pricing Summary Totals USD 2,212.00 USD 0,00 USD -553.00 USD 0.00 Quote Number: 00126690 Tax + S&H LISD 45.00 GRAND TOTAL FOR THIS QUOTE USD 1.704.00 Please provide a company issued Purchase Order that includes Billing and Shipping Address. PO Must reference paymentterrns of Net 30 days. - OR — lecliuh,ed unforin,MGoon iI no 111ui'chase 01i'dell" is pi'(')g'rkfed Bilfing Address same as address on quote Shipping Address same as Bffling Address Account Name Account Niame Address Address City City state Zip Code State Zip Code Accounts Payable Contact Information Accounts Payable Contact Accounts Payable Phone Number Accounts, Payable Erna I Customer is Ta x E xe m pt? Yes IN o Authorized Customer Signature Name Signature Title Date Optional information. special Ship to Address Comments For Multiple End Users, please attach a supporting do cu me ntwith Did User name, physical location, I)rOdL4Lttvpe and quantity To update any customer information, please coMPlete form at . ...... . .. .... Reference Number PPI00993001/142259 Quote Number: 00126690 General Terrnsfor all Products, Services and Subscriptions. Physio-Control, Inc. ('1PI'lysio') accepts Buyer's order expressly conclitioned on Buyers assent to the terms set forth in this document. Buyer's order and acceptance of any portion of the goods, services or subscriptions shall confirm Buyer's acceptance of these terms. Unless specified otherwise herein, these terms constitute the complete agreement behveen the parties. Amendments to, this document shall be in wrding and no prior or subsequent acceptance by Seller of any purchase order, acknoWedgment, or other document from Buyer specifying different an d/or additional terms shall be effective unless signed by bothparties. Pricing:. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services. Sales or use taxes on domestic (USA) deliveries vAll be invoiced in addition to the pOce of the goods and services unless Physic, receives a copy of a valid exemption certificate prior to delivery. Discounts may not be combinedwith otherspeciul terms, discounts, ancVorprornotions. Payment. Payment forgoods and services shall be sutlect to approval of credit by Physio. Unless other%vise specified by Physio in writing, the entire payment of an invoice, is due thirty (30) days after the invoice date for deliveries in the USA, and sight draft or acceptable (confirmed) irrevocable letter of credit is required for sales outside th e USA. Minimum Order QuantIty. Physio reservesthe rigft to charge a servicefeefor any order less than 3200.00. Patent Indemnity. Physioshall Indemnity Buyer and hold it harmless from and against all demands, claims, damages, losses, and expenses, arising out of or resulting, from any action by a third party against Buyer that is based on any claim that the -services infringe a United States patent, copyright, or trademark, or violate a trade secret or any other proprietary right of any person or entity. Fljysip,,5 indemnification obligations hereunder will be subject to (1) receiving prompt written notice of the existence of any claim; (5) being able to, at its option, control the defense and settlement of such claim (provided that, without obtaining the prior written consent of Buyer, Physio will enter into no settlement involving the admission of wrongdoing); and (iii) receiving full cooperation ofBuyer in the defenseofany claim Limitation of Interest. Through thepurchase of Physio products, services, or subscriptions, Buyer does not acquire any interest in any tooling, dta%vings, design Information, computer programming, patents or copyrighted or confidential information related to said products or services, and Buyer expressly agrees not to reverse engineer or decompile such products or reliated soft'vare and information. Delays. Physic, will not be liatle for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from an event beyond its reasonable control, including butnot limited to, acts of God, labor disputes, the requirements of any governments] authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio inability to obtain goods from Asusual sources. Limited Warranty. Physio warrants its products and services in accordance with the terms of the limited warranties located at The remedies provided under such warranties shall be Buyer's sole and exclusive remedies. Physio makes no other vrarrantles, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO BE LIABLE FOR INCIDENTAL, CONSEQUEWIAL, SPECIAL OR OTHER DAMAGES. Compliance with Confidentiality Laws. Both parties acknmviedige their respective obligations to maintain the security and confidentiality of individually Identifiable health Information and agree to comply with applicable federal and state health information confidentiality laws. Compliance with Law. The parties agree to comply with any and all laws, rules, regulations, licensing requirements or standards that are now or hereafter promulgated by any local, state, and, federal governmental autholitylagency or accrediting/administrative bodythat governs orappliesto their respective duties and obligations hereunder. Regulatory Requirement for Access to Information. In the event 42 USC § 1395x(v)(1)(1) is applicable, Physio shall make available to the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United States General Accounting Office, or any of their duly authorized representatives, a copy of these terms, such books, documents and records as are necessary tocertifythe nature and extent ofthe costs o,fthe products and services provided by Physio. No Debarment. Physio represents and warrants that it and its directors, officers, and employees (i) are not excluded, debarred, or othen-Ase ineligible to participate in the Federal health care programs as defined in 42 USC § 1320a.7b(t); (0) have not been convicted of a criminal offense related to the provision of healthcare items or services; and (iii) are not under investigation which may result in Physio being excludedfrom participation in such programs. Choice of Law. The rights and obligations of Physio and Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the state where Buyer is located. Al costs and expenses incurred by the prevailing party related to enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by the other party, Addiflonal Terms for Purchase and SafeofProduc_ts In addition to the G eneral Terms above, the following terms aipplyto all purchases of products from Physio: Delivery. Unless otherwise specified by Physio in writing, delivery shall be FOB Physlo point of shipment andtitle and risk of loss shall pass to Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence ofshipping instructions from Buyer, RYysio%Mll obtain transportation on Buyer's behalf and for Buyer's account. Delivery dates are approximate. Freight is pre -paid and added to Buyer's invoice, Products are subjectto availability. Inspections and Returns, Within 30 days of receipt of a shipment, Buyer shall notify Physio of any claim for product damage or nonconformity. Physio, at its sole option and discretion, may repair or replace a product to taring it into conformity, Return of any product shall be governed by Ifte Returned Product Policy located at hfip*Lk4 jio-controLcomtD0CU Ten , Payment of P,hy �j 9,pinvoiceis not contingent on immediate correctionrof'nonconformitles. No Resale. Buyer agrees that product purchased hereunder Wil not be resold to third parties and will not be reshipped to, any persons or places prohibited by the laws ofthe United Slates ofAmerica. Quote Number 00126690 Physio-Control, Inc 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073-9706 U.S.A. www,physio-control.com tel 800.442.1142 Sales Order fax 800,732.0956 Service Plan fax 800.772,3340 To South Bond FD Quote Number 00125663 Attn: Andrew Myer, Assistant Chiof of EMS Revision # 1 1222 S Michigan St SOUTH BENDJN 46601 Created Date 511612018 (574) 235-7562 Sales Consultant Ed Fee Lirriyer@southbonq!n. ov ed,f "� LtnLker.com FOB Destination Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 6/30/2018 LIFEPAK 15 Service - 1 YEAR. On -site Comprehensive Coverage for LIFEPAK@ 15 Includes: -Services performed at customer's location by a Physio-Control Technical Specialist -Parts and labor necessary to restore device to original LP15-OSCOMP-1-POS specifications -Annual Preventive Maintenance and inspections including quality assurance documentation -Discounts on accessories, disposables, and upgrades -Updates to the latest software version -Preconfigured loaner device provided if needed -Battery Replacement Service LIIFEPAK 15 Service - 1 YEAR. On -site Preventative Maintenance. On -Site Preventive Maintenance Coverage for LIFEPAK@ 15 Includes: -Services performed at customer's location by a Physio-Control LP15-OSPM-1-POS Technical Specialist -Annual Preventive Maintenance and inspections including quaJity assurance documentation -Discounts on accessories, disposables, and upgrades -Updates to the latest software version -Preconfigured loaner device provided if needed Subtotal Estimated Tax Estimated Shipping & Handling 1.00 1,764.00 -176.40 1,587.60 1,587.60 1.00 432.00 -43.20 388.80 388.80 11161mmmowtv USD 0.00 USD 0.00 Quote Number: 00125663 Current Sales Tax Rates will be applied at the time of Invoice and tax rate is based on the Ship To location Grand Total List Price Total Total Contract Discounts Amount Total D&ount Trade In Discounts Tax + S&H USD 1,976.40 Pridng Summary Totals USD 2,196,00 USD -219.60 USD 0,00 USD 0.00 USD 0,00 GRAND TOTAL FOR THIS QUOTE LSD 1,976.40 Please provide a company issued Purchase Order that inClUdes Billing and Shipping Address, PO must refer encepaymenttertins of Net 30 days. - OR — Recluified !if no 113w,cl,iiase order k, pvcnd,cleid Billing Address same as address on quote Account Name Address City State Zip Code Accounts Payable Contact Information ACCOUntS Payable Contact Accounts Payable Email Authorized Customer Signature Name Title ..... ....... ... Optional information: Special Ship to Address Shipping Address same as Bilfing Address Account Name Address City State Zip Code Accounts Payable Phone Number Customer is Tax Exempt? Yes No Signature 0 Cornments For Multiple End Users, please attach a supporting docurnentwith End User name, physical location, prodUCttyPe and qUamitV TO Update any customer information, please complete form at w WW PIVIS Reference Number EF/009930011139314 Quote Wunber: 00125663 GeneralTermaforalt Products. Serwi,cesand 5ubacriraYlons. Physio-Control, Inc. ('Physio") accepts Buyer's order expressly conditioned on Buyers assent to the terms set former in this document. Buyer's order and acceptance of any portion of the goods, services or subscriptions shad confirm Buyer's acceptance of these terms. Unless specified otherwviseherein, these terins constitute the complete agreement between the parties. Am end inents to this document shai'I be in writing and no prior or subsequent acceptance by Seller of any purchase order, acknowledgment, or other docum ent fro m Buyers pecifying different and/or additional terms shall be effective unless signed by both parties,,. Pricing. Prices do not include freight insurance, freight forwvarding fees, taxes, duties, Import or export permit fees„or any other sinlii'..ar charge of any kind applicable to the goods and services. Sales or use to on domestic (USA) deliveries will be invoiced) in addition to the price of the goods and services unless Physio receives a copy of a valid exemption certificate prior to delivery. Discounts may not be combinedwvithotherspecialterms, discounts, and/orpromotions. Payment. Payment for goods and services shall be subject to approval of credit by Physio. Unless otherwise specified' by Physio in writing, the entire payment of an invoice is due thirty (30) days after the invoice date for deliveries in the USA, and sight draft or acceptable (confirmed) irrevocable letterof credit is requliredfor sales outside the USA. Minimum Order Quantity. Physio reserves the rigfttocharge aservicefeefor any order less than S2U'fu.0D. Patent in�de�mnity.. Physio shall indemnify (Buyer and hold ith..armlless from and against all demands, claims, daimagrs..., losses, and expenses, arising out of or resulting, from any action by a third party against Buyer that is based on any claim that the services infringe a United States patent, copyright, or trademark, or violate a trade secret or any other proprietary right of any person or entity. y )q; , Indemnification obligations hereunder will be subject to (I) receiving prompt whiten notes of the existence of any claim; (ii) being.. able to, at its option, control) tt-le defense and settlement of such d'aim (provided that, without obtaining the prior written consent of Buyer, Physlo will enter into no settlement involving the admission of wrongdoing); and (III) receiving full cooperation of Buyerin the defenseofany claim. Limitation of Interest. Through the purchase of Physio products, services, or subscriptions, Buyer does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products or services, and Buyer expressly agrees not to reverse engineer or decompile such products or related software and, information. Delays. Physio will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from an event beyond its reasonable control, including butnot limited to, acts of God, labor disputes, the requirements of any governmental authority, wear, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio inability to obtain goods frorn its usual sources. Llni ted Warranty. . Physio warrants its products and services in accordance with the terms of the limited warranties located at htlt.,t.M1rv~,mrv�r.rahv^�Yo-rx'arodra) c lti,11-?xau awm r.... 2. The remedies provided under such warranties shall be Buyer's sole and exclusive remedies. Physio makes no other warranties, express or implied, including„ without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR, A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYStO IBE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGE'S. Compliance with Confidentiality Laws. Both parties acknmvledge, their respective obligations to maintain the security and confidentiality of individually identifiable health information and agree to comply with applicable federal and statehealth information confidentiality laws. Compliance with Law. The parties agree to comply with any and all lawns, rules, regulations, licensing requirements or standards that are now or hereafter promulgated by any local,, state, and federal governmental authodty/agency or accrediting/administrative body that governs orappliesto their respective duties and obligations hereunder. Regulatory Requirement for Acces..s.. to Information. In the event 42 USC § 139 (vX1)(1)is applicable, Physic shall make available to the Secretary of the United States Department of Health. and Human Services, the Comptroller General of the United States General Accounting Office„ or any of their duly authorized representatives, a copy of these terms, such books,. documents and records as are n ecessnry to certify the natureand extent ofthe costs ofthe products andservices provided: by Physio. No (Debarment. Phrysio represents and warrants that it and its directors, officers, and employees (ii) are not excluded, debarred„ or otherwise ineligible to participate in the Federal health care programs as defined in 42 USC C 1...320a-7b(t), (ii) have not been convicted of a criminal offense related to the provision of healthcare items or services„ and (iii) are not under investigation which may result in Physio being excludedfrom participation insuch programs. Choice. of Law. The rights and obligations of Physic, and Buyer related to the purchase and sale of products and services governed in this document shall be goerned by the lawns of the state where Buyer is located). All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document, including reasonable attomeyls fees, shall be reimbursed by the other party.. Ad dltional Term s fo,r Purchase and Sale of Sery' Plans. In addition to the General Terms above, the following terms apply to ail Physio Sery ice Pl a ins. Service Plans. Physio shall provide services according to the applicable Service Plan purchased by Buyerand described at h +° a.+"wr„C.+tr !Jcw r�)rrtrc)l cram AScry ir: �r*Prt�r ,t_g�;t�.px„ fair the length of the subscription purchased and fir the devices specified as cov ered by th a Service PI an ("Covered Equipment'). Pricing. If the number or configuration of C.,overed Equipment changes during the Service Plan subscription,pricing shall i be pro- rated accordingly. For Preventative Maintenance, Inspection Only, Comprehensive, and Repair & Inspect Service Runs, Buyer is responsibleto pay for preventative maintenance and'... inspections that have been performed since the last anniversary.. of the subscription start date and such services shall not be p,ro-rated. Device Inspection Before Acceptance. All devices that are not covered under '1,74Y_OQ.:5 I_imi�ted Warranty or a current Service Plan must be inspected and repaired (if necessary) to roeet specifications at thon-current list prices prior to being covered under a Service PI an.. Unavailability of Covered Equipment, If Covered Equipment is not made availaade at a scheduled service visit, Buyer is responsible to reschedule with the Pr)ysio Service Tech.nician, or ship -in the Equipment to a. Physio service depot- Rnysio reserves the right to charge Buyer a surcharge for a. return visit. Surcharge will be based on then -current Fhysio list price of desired services, less trAt for labor and 151A for parts„ plus applicable travel costs. The return visit surcharge will) be in addition to the su:bscruption price of the Service plan. To avoid the surcharge,. Buyer may ship devices to a. Physio service depot. Buyer shall be responsible for round-trip freight for ship -in service. unscheduled) or Uncovered Services. If Buyer requests services to be performed on Covered Equipment which are not covered by a Service Plan, or are outsideof designated Services frequency or hours, Physio-Control will charge Buyer for such services at 10% off Physio-Control's standard rates (including overtime, if appropriate;) and applicable travel charges. Repair parts required for such repairswill be made availableat '15% off thethen-current. list price. Loaners. If Covered Equipment must be removed from service to complete repairs,. Fhysio will provide Buyer with a loaner' dlevice, if one is available. Buyer assumes complete responsitllity far the loaner and, shall return the loaner to Physio in thesaine condition as received, normal wear a..ncitear exempted, upon the earl! erofthe return of therem owed hovered Equipment o r PfJysJ q 5 request. Cancellfation. Buyer may cancel a Service Plan upon sixty (60), days' written notice to Physio. In the event of such cancellation, (Buyer shall be responsible for theportion of the designated price which corresponds to the portionof the ,Service Plans subscription prior to the effective date of termination and the list -price cost of any preventative maintenance„ inspections, or repairs rendered afterthe la.stanniversary date of the subscription start date. No Solicitation. During the Service Plan subscription and for one (t) year following its expiration Buyer agrees to not to actively and intentionally solicit anyone who is em ployed by Physio to provide services su c:h as those described in the Service Plan. Quote Number: 00125663 05/18/2018 South Bend Fire Department 1222 S. Michigan South Bend, In 46601 USA Equipment: Finance Structure: $1 Out End of Term Option: Payment Terms: Stryker Products and Accessories $1 out - Purchase the equipment for $1.00 $68,155M Payments are exclusive of all applicable, taxes and freight unless otherwise rooted. Contract commencement: Upon delivery, installation and acceptance. Payment adjustment: The payments quoted' herein were calculated based, in part, on an interest rate equivalent as quoted on the Intercontinental Exchange website, at hittps://www,theice.com/marketdata/ reports/1 80, under the USD Rates 1100 Series. Stryker's Flex Financial business reserves the, right to adjust the payments prior to contract commencement in order to maintain current economics of this proposed transaction. Deall Consummation: Thais proposal is subject to final credit, pricing, and documentation approval, Legal documents must be signed before your equipment can be delivered. Please note that this proposal is subject to change if documents are not signed prior to May 31, 2018 *Pllease note that the 3 year Flex Financial quote has 0% interest, Please contact your local S6les Representative, Ed Fee, at ed,fee@stryker,coni if the City of South Bend has any questions. 05/18/2018 South Bend Fire Department 1222 S. Michigan South Bend, In 46601 USA Equipment: Finance Structure: $1 Out Enid of Term, Option: Payment Terms: Contract commencement: Stryker Products and Accessories $1 out - Purchase the equipment for $1.00 ....... . . . .. $40,893.50 Payments are exclusi've of all applicable taxes and freight unless otherwise noted, Upon delivery, installation and acceptance. stryker Payment adjustment: The payments quoted herein were calculated based, in part, on, an interest rate equivalent as quoted on the Intercontinental Exchange website, at https://www.theice.com/marketdata/ reports/1 80, under the USD Rates 11 1100 Series. Stryker's Flex Financial business reserves the right to adjust the payments prior to contract commencement in order to maintain, current economics of this proposed transaction. Deal Consummation: This proposal is suibject to final credit. pricing, and documentation approval. Legal documents must be signed before your equipment can be delivered. Please note that this proposal is subject to change if documents are not signed prior to May 31, 2018 "Please note that the 5 year Flex Financial quote has 0% interest Please contact your local Sales Representative, IEd Fee, at ed.fee@sti,yker.com if the City of South Bend ties any questions.