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HomeMy WebLinkAboutOpening of Bids - Eight Cardiac Monitors Defibrillators - Zoll Medical CorpZOLL." biz, r I //fir 1 f � � / � i " ; ( ` 1 r sl tf f ./ / 'SIN >r , i �a i j.: i , / Southil Bend, f, Solicitation fi,i,, / r" r Eight f f.. /,' More or Less 26V Mdl Rx id Chehnslcwi, Mosmichum-ni, o I 8M il I 01� ZOLLY5 ,)/8L421196L55(m(wd 9/8-42MO2,5(Posts � 1A-,VW,Z-AX0R1 ZOLL Medical Corporation's Response to South Bend, IN Invitation to Bid: Eight (8) More or Less Cardiac Monitors/Defibrillators Table of Contents Section I- Introduction Section 11- Original Bid Documents Section 111- Bid Bond Section IV- ZOLL Quotations Section V- ZOLL Warranty & Technical Support Documents Section VI- ZOLL Literature �IIII�IIIIIIIIIIIIIII i �r„ �"rye Q � �J � � � �� , fir ZO L lillill May 22, 2018 The City of South Bend Clerk of the Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 26() NJ11 �om� (" h6 I r,4,_,,J !,A,,,,,aclh,,-',,11., 0 1824 /110", 9/8 4) 1 9(;,) ,Vw,v�zdl :Cm) RE: Invitation to Bid: Eight (8) More or Less Cardiac MonitorsZDefi.brillators Dear Sir/Ma'am, ZOLL@ Medical Corporation ("ZOLL") is pleased to provide our response to Invitation to, Bid: Light (8) More or Less Cardiac Monitors Defibrillators due May 22, 2018 at 9:30am. ZOLL manufactures and' markets an integrated line of proprietary, non-invasive resuscitation devices and disposable electrodes. ZOLL's products are used in hospitals, by emergency medical services (EMS) personnel and in public access environments to provide lifesaving pacing and defibrillation to patients suffering cardiac arrest, and for the treatment of patients with life -threatening cardiac arrhythmias. ZOLL also designs and markets software that automates collection and management of both clinical and non -clinical data. Our proposal includes the following: Original Bid Documents with exceptions marked as redlines with: • Signed Addendum (1) • X-Series Specifications Letter 10% Bid Bond ZOLL X Series@ Quotation ZOLL X Series@ Warranty & Technical Service Information ZOLL Literature Thank you for the opportunity to, respond to this bid request. We stand ready to serve the needs of the City of St. Charles and Tri-City Ambulance and look forward to the prospect of a long and mutually rewarding relationshiip. If you need further information or have any questions concerning this bid submittal, please do not hesitate to call meat 231-78,8-8073 or email me at, apeterson@zodll.com. Re1gas, '0K Adam Peterson Territory Manager ap/erns Enclosures ZOLL,, Section 1. i i Orinal Si Bid. /(lQ D / j en gis 1316 COUNTY-0'ry BuiLDIN6 227 W. JV.FFF.RS0N Bom,FVARD Som-ii BEND, INDIANA46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 C["ry OF'SOUTH BEND FETE BUTTIG[EG, MAYOR BOARD OF PUBLIC WORKS Date: May 16, 2018 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: I Project Name: Eight (8), More or Less, Cardiac Mon itors/Defi brillators Project Number: 11111 pro] 04 1 �, � � � I � � � I I I - 1 11 Date Received: 5/15/2018 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 receipt. A copy MUST also be included with your I bid package upon submittal. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: ZOLL Medical Co Authorized Signature Date: 5/16/2018 Version 4/2/2015 PROJECT NAME: EIGHT (8), MORE OR LESS, CARDIAC MON ITORSIDER BRI LLATORS ADDENDUM NO. 1 Date: May 16,2018 To: All Plan Holders From: Linda M. Martin, Clerk of the Board of Public Works The: following information is to be added to the contract documents. 1) Are bid bonds required? a. Answer: Yes, as stated in the Notice to Bidders, a 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 betaken into consideration in awarding the bid. 3) How many years would you like the annual service agreement to cover? a. Answer: Otte (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 (11) trade-ins o the E Series Zolls. 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. Our 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 addendum by signing the first page, returning it via facsimile to (574) 23 5 -917 1, and a copy of the first page must be included with your bid. This addendum consists of a total of 2 pages --- Version 4/2/2015 NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, will receive seated 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, 2018, 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. so u th ba n d i n.g o v: Click on "Business" Click on "City Public Bids" Click on 'Request for Proposals, Vehicles, Equipment and Miscellaneous Bids" Click on "Specification Sets & Bid Award Info" Click on "BidlProposal Interest Form" and register your company to receive updated information regarding this bid Select specification to download 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 920 a.m. local Time, on May 22, 2018, will be returned unopened. Bids must be on the City of South Bend BidlProposal 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 Hoard 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 01 DA 0 Im h mois] ImIlmonw-m I DR A Eel 0 11 1 0 � 0 to] 0 a am" a I J, I I mov Im mfiep� I T1 I IN km:g � I a aoi wj:41444 z BID NAME Eight (8) More or Less Cardiac Monitors/Defibrillators FOR BIDS DUE May 22, 2018 at 9:30 a.m. Bidder Date: May 1. 2018 —(Firm): ZOLL Medical Corporallon Address: 269 Mill Road City/State/Zip: Chelmsford, MA 01824 Telephone Number: (978)421-9655 Agent of Bidder (if Applicable): Randy Curran, Territory Manager Wheir lite prospective Contractor is unabte to certify to any of the stateinenu below, it shall attach an evplanatian to this 11fifidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Massachusetts ) SS: Middlesex OUNTY The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. 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 from bidding nor to induce anyone to refidin 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 [ran, a. For purposes of this Certification, "Irani' 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 ifeithcr: i. Contractor, its successor or its affiliate, provides goods or services oftventy million dollars ($20,000,000) or more in value in the energy sector of [ran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars (`a20,000,000) 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 publishedby (he 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/hen'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. & 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 MBEIWBE; however, it may not unlawfully discriminate against said WBElMBE. 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. 1, 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 O�Fct. Dated this ra, day of Maw, 2018 ZOLL Medical Corporation ContraclrlBidder (Firm Signa t':,of othraetor/BRT&r or Its Agent John Bergeron, Vice President Corporate Treasurer Printed Name and Title Subscribed and sworn to before me this dayof —I I 20 My Commission Expires "S Notary Public County of Residence AMY COFFIN Notary Public COMMONWEALTH OF MASSACHUSETTS MY COmMiSsion Expires November 2. 2023 (I'a be conrtsleterl ienly by Conti•actoy-.vlBiddee:c etaioviarg to be a "focal Ieuliawa barsirress"pia stmtrt to LC 345-1-12-22)� INDIANA LOCAL BUSINESS PREFERENCE CL.AIMI if "local Indiana business" refers to anv ofthefoilowing� (1) rl business whose principal place of business is located in an q*cted coana ly (2) A business that pays a majority oj'its payroll (lot dollar volume) to residents of"a, f%ected counties. (3) rt business that employs residents glajfected coaniics as a majoriy, oj'its employees. (4) A business there makes significant capital investments in the affected counties as defined lit rules adopted by the political subdivision. (5).4 business that has a substantial positive economic htrpact on the ajfected counties as defined by criteria lie riles adopted by the political subdivision. ftn •'aJ)ected coun(v " refers to St. Joseph County, Indiana, or thef llowing counties localed adjacent to St. Joseph County[ Elkhart Coltnty, Marshall County, Starke County and LaPorte County There are tlje jbilo}wing price pt•efer ences foa• srapphes purchased fi otau a local Indiana business: S%fora purchase expected by tlme pta-clrasiarg, ageta(Zy to ba less ihart 3S(P,001) • 3%.Ibt• a purchase expected 41, the purchasing agency to be at least.00,0`dG bunt less than S100,000. Date: pursuant to I.C.5-22-15-20.9, preference for project South Bend„ St.. Joseph County, Indiana. claims a local Indiana business l0 ) located within the City of ❑ The location of the principal place ofbusiness is Odd-11 t ❑ St. Joseph County, Indiana ❑ The following county located adjacent to St. Joseph County„ Indiana: ❑ 'rho majority of the business's payroll for the 12 months prior to the date ofthis 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 (lie 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 PA YROLL RECORDS, BIDDER SHALL" REDACT ALL SOCIAL SECURITY NUMBERS. Dated this day of 20 Contractor/Bidder (Conn) Signature of'ontrncton'Bidder or Its Agent Holed Name and Title Commented JES11, Not applicable is SPECIFICATIONS CITY OF SOUTH BEND BiD NAME Eight (8) IMore or Less Cardiac Mon itors/Defibriflators FOR BIDS DUE May 22, 2018 at 9:30 a.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 DETAILED SPECIFICATIONS The City of South Bend Board of Public Works is soliciting sealed proposals the purchase of eight (8) more or less Cardiac Monitors/Defibrillators, one (1) wireless twelve (12) lead reception package, certain trade-in equipment, and certainoptional ftems.�Pricing to be valid for twelve months after the date of award This equipment is to be used by South Bends firefighter/paramedics on emergency medical service calls. Each Cardiac Monitor/Defibrillator shall include: * A minimum of low energy biphasic defibrillation and synchronized cardioversion; * Hands free defibrillation with cable; * 3 Lead EGG cables; * Noninvasive Mood 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 providesa level of protection, to the unit and accessories, that will positively affect the warrantee or cable replacement over the Iffe of the unit, that is the case which witl 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, lg. 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 • instaliation technical support and training. • Not to include Personal Digitat Assistant (PDA), 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. Plense fir Ole attach ZOLL Medicar X Series defbrilhmo� for youf review. Co:mmented [ES21: 1 year term - - - --- ----- ---------- --- . . ............ . ... . ... ...... . .. . ............ . .... ....... ­__­ ­­­­ I Optional Items includes: Optional Equipment/Service • Annual service agreement for software updates including ECG/NIBP/ETCO2/PuIse Ox calibration; • Battery m a intenancefre placement 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 LeasetPurchase Agreement: • Amount of Lease/Purchase is based on the Proposal Forms'"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. Ind, 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. Wn&�ir tlqk; 1ho Oe 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 Gables that will be supplied with the unit (barring negligent use by the purchaser). Commented [E53]: ZOLL is the manufacturer of X Series devices being quoted and guarantees that parts will be available to service devices from seven (7) years after the devices end of life, _­­ ............. Commented [E54]: Accessories come with a Factory Warranty from their manufacturer honored by ZOLL. ZOLL does not offer additional warranties for accessories. The vendor shall be fully responsible fo,r all warranty performance relating to any part or component of the purchased items or equipment. The vendor shall guarantee further that the item(s) or equipment to be supplied complies with all applicable,regulations. Commented tES5J: ZOLL guarantees that aH equipment provided is approved for use by the FDA ;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-1 Commented [ES6]: ZOLL will supply X Series parts for seven (7) years after lost date of manufacture. 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 Commented [ES7]: Please see ZOLL Warranty & be admin,istered.1 Technical Support Information Section, MANUALS One (1) Copy of each:: paFt&b, W-*, -operator's manual f_r..tc.hg.dk1g.pi rL�jr _5 g§!L and service manual are required for each unit purchased. ZOLL Medical X Series Specifications Thank you for allowing ZOLL Medical Corporation to respond to the bid document distributed by The City of South Bend, IN ZOLL believes that the X Series' Monitor/DefibriHator absolutely meets or exceeds the needs of The City of South Bend. However, it is very clear that the specifications themselves are identical to those of the Physio-Control LIFEPAK 15' and/or L]IFENIET' System and are therefore impossible for any other product to meet. WILL feels that this blatant use of "lockout specs" provided by a single manufacturer violates the spirit and intent of a true bid process. Thus, we respectfully request that you consider the X Series on the merits of its own unique benefits. Designed primarily for EMS operations, the X Series is about half the size and half the weight of competitive full -featured monitor/defibrillators, yet much more powerful and built to the most extensive standards for ruggedness — is the only monitor/defibrillator that offers the following: See-Thru CPR' artifact filtering, allowing rescuers to see underlying rhythms without pausing compressions. Real CPR Help providing real-time rate, depth and release feedback for superior performance when it matters most. In addition, (near) future innovations on the X Series will include: • CPR Ready-Charge'm, a revolutionary technology that will simultaneously filter out CPR artifact and run an advisory algorithm during continuous CPR delivery. Then, if a shock is advised, the X Series will charge itself. All the rescuer will need to do is to stop compressions for only as long as it takes to press the "shock" button. RescueNet LinkTm: without any user intervention, "Sense n' SynCIITM technology allows the X Series, RescueNet electronic patient care reporting (ePCR) and RescueNet Navigator vehicle mapping to automatically upload critical information in real-time to a large vehicle display to help you provide the best possible care. This same information, can also be simultaneously viewed by the ED staff in real-time, allowing them to be fullly prepared for your arrival. Real-time, Integrated Operation with AutoPulse': X Series also has the ability to communicate in real-time with the revolutionary AutoPulse automated CPR device. The, key benefits of this system are: — Shock Timing: The system automatically times, shock delivery to the beginning of the relaxation phase. This is the most advantageous point of the compression/relaxation cycle, which maximizes the likelihood of shock success. — Continuous Compression Shock: The AutoPulse continues to compress while the X Series delivers a shock, keeping pause/no-flow time to an absolute minimum. The devices are optimally coordinated to ensure the most effective operation of each and consistent circulatory support during treatment, Real-time, integrated operation of the X Series and AutoPulse is pending 510(k), but is currently in clinical use in countries throughout the world. Finally, the X Series offers the following features that many EMS professionals find comparable to or superior to those in the LIFEPAK 15: • Rectilinear Biphasic Waveform delivering high current/low energy defibrillation. It is the only biphasic waveform allowed by the Food and Drug Administration (FDA) to claim superiority to monophasic defibrillation for high -impedance patients. + Pacing with constant current and 40 msec pulse width offering twice the capture at half the current. • Easy -to -use, cost-effective 12-lead ECG Management (no dedicated hardware, proprietary software, expensive subscription and transmitting device fees) for rapid identification and treatment of ST-segment elevation myocardial infarction (STEMI) patients. It's FREE! • Rechargeable SurePower iITO lithium ion batteries supported by SurePower Manager software for extended capacity, longer run times and managing you fleet of batteries. • "Best -in -class" Masimo° SET Rainbow SP02, SpCO and SpMet, Oridion° Microstream EtCO2, Welch - Allyn° NIBP with SureBP and SmartCuff for improved speed and reliability and Inovise" 12L 12-lead ECG monitoring capabilities. • Communication module including integrated Wi-Fi (802.11 a,b,g,n), Bluetooth and USB. • Tri-Mode Display"' that adjusts from color to black and white to night -vision goggle mode (configurable), assuring that you will never miss critical patient -assessment information. • RescueNet® Code Review enabling seamless collection and integration of all event data. Thank you for allowing ZOLL Medical Corporation the opportunity to participate in this process. Please don't hesitate to contact your local ZOLL representative Randy Curran by calling 641-344-4961. Sincerely, ZOLL Medical Corporation BID/PROPOSAL CITY OF SOUTH BEND BID NAME Eight (8) More or Less Cardiac Monitors/Defibrillators FOR BIDS DUE MaV22,2018atl):30a.m. b4 f, Item No. Est. Qty. Item Unit Price Total 1 8 Cardiac Monitors/Deflbrillators $28,701J5 $ 229,614.00 2 8 Wireless 12-lead reception package escue el Te t Is $ included at no 4.00 Trade-in Equipment: Up to eleven (11) Zoll E additional cost 3 8 Series cardiac monitors and up to eleven (11) desk top battery chargers $5,000.00 $55,000.00 Optional Equipment/Service: Annual service agreement for software updates including $346.50 CG/NIBP/ ETCO2/Pulse Ox calibration, battery I additional set 4 1 maintenance/ replacement program, sensors for 'f monitor leads capnography, pulse ox, I additional set of Sensors for $758.45 monitor leads (3 and 12 lead), high-energy Capnography (:ioajyand hyiiohrZn4ad GaR4YeFL4Gn Rectdhiear I.$BJ bgsic Wayeform deli brHationThe hlgN&ks�tp2ftLq�jtr�ula setknAUtLI TOTAL $228,935,31 Bidder (Firm): ZOLL Medical Corporation Address: 269 Mill Road City/State/Zip: Chelmsford, MA 01824 Telephone Number (231)788-8073 Fax Number: 978-421-0006 1 B �e 'fffb (Signature) Adam Peterson (Printed Name) Territory Manager (Title) BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Mat-adik, Member Suzann M. Fritzberg, Member Therese J. Dorau, Member James A. Mueller, Member Attest: Linda M. Martin, Clerk CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS 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 Bidders risk. B. Each Bidder shafl furnish all information required by the Notice, Instruction's to Bidders and Specifications. Bids must be made on the form provided, The Bidder shall sign the Proposal and Non-Collusa'on Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required. C. The Bidder sha# 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 partnershiip or joint venture must be shown. If made Iby 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." S. When samples are required, such samples shall be delivered or shipped at the bidders expense to the address specified in the Invitation to Md. Samples must be shipped separately from bid documents and labeled clearly with the Bidders name, address and the commodity or equipment classifications and documents, the item (and item number, if any), and Material Safety Data Shoots (if appiicable). All samples must be representative of the commodities or equipment which will be suppiied by the successful Bidder. All samples will become the property of the City of South Bend and none will be returned, unless otherwise stated in the Specifications. C. In the event of an inconsistency beKvean provisions of the contract documents, the inconsistency shall be resolved by gMng precedence in the foiiowing order: 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 DELIVERY OF BIDS A. Bids must be delivered to the, Office of the Board of Public Works, 131, Floor, County -City Buitcling, Room 1316, 227 West Jefferson Boulevard, South Send, Indiana 46601 (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 46,601 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 Noticeto 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 envelope 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. G, REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES, INCOMPLETESIDS 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. 8. 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. 9. 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 Intemal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City wilt furnish the successful Bidder with any certificate of exemption required. 10, WITHDRAWAL OF BIDS A. Withdrawal ofbids wIM be allowed only in those cases in which a written request towithdrawa 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. IL 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 FO.B. shJ1921ag rgymL deafinatioo 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 (6,0) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements proscribed, 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 qualiftcations, 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 he issued to the successful Bidder after formal acceptance of the bid is made by the City. IT NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be now andthe latest model of manufacture, 18. 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 CAy 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 afterclefivery for compliance with, the specifications. Notice of latent defects, which would make the item unfir,for lhe puyposealorurrhkA, tfuey-arauaait:o-¢u t;.rro uu.u. um;r,ppou]1410lVr-ra l��S �bfiirro.. hu ,rr o v, may be given at any time withuin aauraa ya cr-_t11r .4pJ.�tuuiy enod IjLgv�rLpd on the Contractors _tiandarrt_+L,)C� a Vy puapvirhA as AQj u�rcucn! 1ru.mf,. uerru , krt hUui kt .,..after discovery of the defects. B. A#+waras-ntgrsro-ted4tie-Contractors(!...pur�vai+tuaatn_f?& h. auaitrpJyc,uTa41 m2,tML, a of Ubg oti@ a� rarpftiar tit;t;Lgg 2�,rs91_q,,at the expense of the Contractor, for mmtm pdu'. aue ru i' uc captuMn-1-Lbafe rl4ln —Cmn m ioa aak pj2ttnn. KtheCsuiirtr rttau-E;rrBul or rawtwa to eerna'rve@Ura regra# aUersws,, tl,hey saa tine a a9rf byLlh a-Gi rt.. as Utrtfa3rwrtr G. In some c asee..a t the a'NceaGredum+kq v)-4drm(+_Cily; iIIEfg)ea,,I eonratotie-ca.4uaawruer4dtk o¢ equipirimnll will b�rxa�fe e4-.+teey;-lalawr&-area&tbnata'imLaRalaeWn�rnt4uet@hmay,da,vaynuuao�ard,aact�ua'w4tre- is,hipmrrat D-Cr The above provision shall notbe construed In limitations of any rights the City may have under any laws inGludmg the Unftarm- oaamne caaai Cede. 21. ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest In theContract without the consent, in writing, of the Cuty. 22, CANCELLATION A. E19 , r g.pf ;.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 oppo„'tii 19 p ally �"erutra<�a"" 23. DEDUCTION OF DAMAGES Jirutenfio^teUj(„4ffNfted A...lf4ho-CEy °aaealsttaeaerottaetteea youauta-utiuhaRl-a4edaar& ranawla atvwv*i&awad-ffie rntawe4arcee-9:'twe-Ca'ar7Raraa„fr',ararua�ettuswu t aanUo-acsP-«^airuy oniraramret r aa44wu'uerual4�ratrat�rwpeaa�sutae4#maa 4,ifryy...foarnyd,uaaayaars rsaai4t4aweuP�kwprtithe;r,onnau.�arr,ere4a"usrc;fiaar+sarwyesat„ 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 goodsdolivered, including purchase order number. 2. If the Contractor allows a discount, the periodof time in which the City must make payment to quality for the cltscounts shaft be computed' from the date the City received the invoice (completely fuillled out), or the date the goods are detivered..cxrad-a ac ptr-at, whichever may be later, and shall not be less than twenty (20) days. 1 If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments -ecru „.a bsaele Rh at so-'sgaeaaeihaie-ter,..taat# paake 4au 7, eeceipt cub i,irnwoice.>,. 25. OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until eiifppp, i dotivearA4-tar aunt %Ina, land by_oc-the City of South Bend. 26, ESTIMATED QUANTITIES A. If the quantity set forth In the Nottce 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 itmited to any specific amount. The Clty 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 hoCd harmless the City of South Bend, its agents, officers, and employees (rom all costs, losses, claims and suits larewa hjrrritlyrjljrd gLLqp,g, including courtcosts, r f�asonaWe attorney fees, and other expenses, to the axlein arising qtLtg,,l;tly from or cut of the negligent acts or crrnissucn oi` iho Con 41 is h'act - b y- 1i a-D M der ciF bcma k j se or arising out of any defect in the goads, ds, mate da I s 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. lot) '14, OTM wAIA Document A31 - 201 T Nn =#,I CONTRACTOR: SURETY: (?Jame, legal slanes and address) (Alam e, legal status and principal place ZOLL MEDICAL CORPORATION ofbasiness) 269 Mill Road Cheirnsford, MA 01824 WESTCHESTER FIRE INSURANCE COMPANY 436 Walnut Street, WA10H Philadelphia, PA 19106 OWNER: OVarne, legal status and address) CITY OF SOUTH BEND Office of the Board of Public Works 227 West Jefferson, 13th Floor, County -City Building, Room 1316, South Bond, IN 46,601 BOND AMOUNT: Ten percent of amount bid. (1 001. of Amount Bid) PROJECT: Name, location or address, and Project number, Y'any) Supply of Eight (8) Cardiac Monitor/Defibrillators 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 Number, ifany: The Contractorand Surety are bound to the Owner in die amount set forth above, for the payment of which the Contractorand Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly arid severally, as provided hemin. 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 fray 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 sueb Contract and for the prompt payment of labor and material furnished in the prosecution thereof-, or (2) pays to die Owner the difference, not to exceed die amount of this Bond, between (lie amount specified in said bid and such largeramount for which the owner may ill good faith conlract with another party to perform (lie work covered by said bid, then this obligation shall be null and void, ollienvisc to remaill in full force and effect, The Surety hereby waives any notice of an agrecruent between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall notapply to any extension exceeding sixty (60) days in the ap4;regate beyond the time for roar sent fo acceptance of bids specified in the bid docuinews, ;arid file Owner surd floe id Contractor shall: obtain Surety'sr an ex -tension beyond sixty (60) days, If this Bond is issued in connection with subcontractor's bid to a Contractor, the term Contractor in this Bond shad be deemed to be Subcontractor arid (lie term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal r-equircincra in the I=ition of the PrQjecl, 'illy provision in (his Bond conflicting with said statutory or legal requirement sliall be deenied deleted herofrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so friniished, the intent is that this Bond shall be construed as a statutory bond and not as a corm -non law bond. Signed and scaled this I III day of May, 2018 Christina Sandoval ZOLL ME 'AL-G RPORATIO,N (11-11-hid (Seal) (na WESTCHESTER FIRE INSURANCE COMPANY (Seal) (Title) Derek J. Elston, Attorney in Fact _Z1A_GZ_C4_r1'711t_A_3'101 --2oio. Copyright 1963,1970 arid 2010 by ThuAimrican Institute of AtGhltects. All rights reserved, E—' A IDocument A31 OTM -2010 CONTRACTOR:! SURETY: (Alame, legal stators and address) ( Tame, legal status acid principal place ZOLL MEDICAL CORPORATION of business) 269 Mill Road Chelmsford, MA 01824 WESTCHESTER FIRE INSURANCE COMPANY 436 Walnut Streel, WA1 OR Philadelphia, PA 19106 OWNER: (Mame, legal status and address) CITY OF SOUTH BEND Office of the Board of Public Works 227 West Jefferson, 13th Floor, County -City Building, Room 1316, South Bend, lN1 46601 BONG] AMOUNT:Ten percent of amount bid,(I 00'. of Amount Bid) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modificati�on. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (.Maine, location or address, and Project number, if any) Supply of Eight (8) Cardiac Monitor/Defibrillators Project Number, if any: The Contractor and Surety are bound to the Owner in theamount 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 witt-dii the time specified in the bid documents, or within such tirne 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 tenns 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 (tic difference, not to exceed the arnount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be mill and void, otlietivise to remain in fall force and effect. The Surety hereby waives any 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 the Surety's consent for ,in 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 deemed to be Subcontractor and the (enu Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in die location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deerned deleted herefromiand provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, Whert so furnished, the intent is that this Bond shall be Construed as a statutory bond and not as a common law bond. Signed and scaled this I th day of may, 2018 ZOLL MQLGA��RPORATION I th S:eaO (l'itle) "'--"4Vw -mAS- WESTCHESTER FIRE INSURANCE COMPANY y) 4- (Sure (Seat) i1ness) Christina Sandoval dJ (Title) Derek J. Elston, Attorney in Fact AIADOCLVnerjt A310'm-2010, Copyright 0 1963,1970 and 2010 by The American lnStflUte of Architects. All rights reserved. Tower ofAttorney Westchester Fire Insurance Company Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution„ adopted by the Board of Directors of the said Company oil December 11, 2006, to wit: "103SOLVED, that Ihofoffaty rag aiutraouzatlalrs rolare to the execution, for amen bobdf of the Company, of bonds, nodaflakirics. rein nia races, contracts and other wrnten umnm mnmg of the Conileany onreml into ilidardinarycourse ofbusmeas(oucha"Written Conindimcnf"'Y° .. (f) Each or the Chairman, the President and the'wico 11reQoms of the C'ompany'is hereby authorized to execute any Written Commitment for and on behalf or the Company, under tiro sea$ of the Commany or othorwise Of Each duly appointed anontoy-in-fact of file Company is hereby ao crizod to exec ore any 1Wnnen Commit in for mild OF, heIlaII of file Vo action is authorized by the tram o'rpowers provided for in such persons writlen appoina nenl as sueb fillorney-in-Cticf . (a) Each of Ills Chairman, the President find file Vice presidents of life Company is hereby arnhorraed, lotand on whalrorthee Company, to all power and awihonly to execuic, for and on belndror tho C'oinpany, under Ire seal atribe Company or otherwise, such Millen Commitment spacifycafiom may bo by general type or cIass of Written ComnutnenIs or by specifie Won of one or morn pnrlwular w AIO Coal In lrhlcnts. IF the estop ibrul rercn ('oint)an7 wuh fIdI apprnoIntern, which Company, to delegarcin wariling my other officer of IN Company the aurbonty to execute, liar arespicibed in such writen dclebation, which specification may be by goleatit type or chm of la this Resolution, and }tee soul of the Company, may be affixed by faesmnio an xwr'h U nuen 1:uwrfiER RESOLVED. that life foregoing Resolution shall not be accrued to be an exclusive slarainum of the powers rand Fr lhorily ol'officers, omployoos and olhor persons to act for and on behalf"of Ibe C'oinµlny, and '$ucli Resolution shall nor limit orotbam'rse affect the exercise of any such power or amhorify alheivvise validly groaned or vosbil Does hereby nominate, constitute and appoint Christopher P Troha, Marcia K Cesalsky and Michelle D. Krebs, Linda M Napolillo, Derek J. Elston, Ann Mullins and Aerie wahon all orthe City of CHICAGO, Illinois, each individually if there be more thanone named„ its true and lawful attorney -in -tact, to make„ execute, seal and deliver `oil its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Seventy+ Five Million Dollars & Zero Cents Q$75,000,000,00I and the execution of such writings in pursuance of these', presents shall be as binding upon said Company, as fully and anipl.y as if they had been duly executed and acknowledged by the regularly elected officers of'the Company at its principal office, IN WITNESS I IFREOF, the said Stephen M. Haney,' Vice-president, has hereunto subscribed his name and affixed the Corporate seal orthe said AWESTC I IESTER FIRE INSURANCE COMPANY this 8 April 2016. WESTCHES`I"li R FIRE INSURANCE COMPANY ! + ;ruphen K }fancy, vice President COMMONWEA LTi I OF P1 NNSYI VANIA COUNTY OF P141LADELPITIA ss: On this 8 April 2016 before me., a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. l kmey'. Vice" President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the indiividual and officer who executed the preceding instrument, and he acknowledged, that lie executed the sarrie, and that the seal affixed to the preceding instrument is the corporate seal otsaid'Cotnpauy that the said corporate seal and Ills signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors ofsaid Company, referred ton thti preceding instrument, is now in force: IN TESTIMONY WHEREOF„ I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year f srst above written. I, the undersigned Assistant Secretary ofthe WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that tlae original POWER OF ATTORNEY, oi'\vIa0i the foregoing is a substantially true and correct copy, is in ful I force and effect. In witness wherc4 I have hereunto subscribed my name as Assistant .Secretary, and affixed the corporate seal of the Corporation, this /5 ' 1ilay o1'�le4?o 16 wr dI° 4Williamt. Krlly, kssfsfunt "exnttrvy .e� f THIS POWER OF ATTORNEY MAY NOT BE USED'TO EXECUTE; ANY BOND WITH AN INCEPTION DATE AFTER APRIL 811I rt O'7vueeo-rO+v, sd 40,tl du eNPf ran ee Rnineu v n,ae vd CmN n nXu,re—.nm h d a a, rnSArrd,—,Aetl RIB flvN Dr. rortcr tl0,xb rp]a MvnfP.. NWI Rr ddhd,x 9dik J�dAJ'N4m,1 urv� "J XYIt VMr r!'^tlVe �/4 M"t A"NRI Kl rS4ivlr NNd3 ifldXA'dtulhC �aP0801rYh'd 110� ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF WILL On this 15th day of May, 2018, before me, Aaron D. Griffin, a Notary 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 Westchester Fire Insurance Company and acknowledged that s/he executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. oe OFFICIAL SEAL. A Ro G F ARON D GRIFFIN L P f)[6 IC �T T OF INOIS 12019 LLJ NOTARY PIJBLIC, STATE OF ILLINOIS Notary Public in the State of Illinois My COMMISSION EXPIRES 11102/2019 County of Will ZOLL," ZOLLO TO: Souith Bend Fire Department 1222 South Michigan Street South Bend, IN 466011 Attn: Andrew Myer email: ant vertMsouthbendin.nov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275318 V.1 DATE: May 18,2018 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 1 6 01 - 2221011- 01 X Series 0 Manual Monitor/Defibrillator $14,995 8 $37,275.00 $28,701.75 $229,614.00 with 4 trace tri-mode display monitor/ defibrillator! printer, comes with Real CPR Help@, advisory algorithm, advanced communications package (Wi-Fl, Bluetooth, US13 cellular modem capable) USB data transfer capable and large 65'( 16.5cm) diagonal screen, full 12 ECG lead view with both dynamic and static 12-lead mode display. Accessories Included: • MFC cable • MFC: CPR connector • A1C power adapter/ battery charger • A/C power cord • One (1) roll printer paper 6.6 Ah U-Jon battery • Carry case • Declaration of Conformity • Operator's Manual • Quick Reference Guide • One (1)-year EMS warranty Advanced Options, Reath CPR Help Expansion Pack $ 995 CPR Dashboard quantitive depth and rate in real time, release indicator, interruption timer, perfusion performance indicator (PPI) • See - Thru CPR artifact filtering ZOLL Noninvasive Pacing Technology: $2,650 To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms and conditions ("Overriding, T's & C's""), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL's Standard Commercial' Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case of overriding T's and C's, any Purchase Order ("'PO"") Issued in response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30,20118, 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDEDAT THE TIME OF INVOICING, 4, ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978.421-0016 OR EMAIL TO ESALES@ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 1. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 1 ZOLL(k) TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer emaik amyeL@southbandin.gov Tel: 674-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 M1111 Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID# 04-2711626 QUOTATION( 2763118 VA DATE: May 18, 2018 TERMS: SPECIAL FOS: Shipping Point FREIGHT. Prepay and Add ITEM MODELNUMBER DESCRIPTION QTY, UNIT PRICE DISC PRICE TOTAL PRICE masinno Pulse O)dmetry SPOT $1,795 - Signal Extraction Technology (SET) ' Rainbow SET NIBP Welch Allyn Includes: $3,495 Smartcuff 10 foot Dual Luimen hose • SureBP Reusable Adult Medium Cuff End Tidal Carbon Dioxide monitoring (ETCO2) Orldlon Microstream Technology: $4,995 Order required Microstfeam tubing sets separately Interpretative 12- Lead ECG: $8,450 - 12-Lead one stop ECG cable- includes 4- Lead limb lead cable and removable precordbi 6- Lead set 2 8 0 0 0 - 0 3 3 0 Sp02 Rainbow Reusable Patient Cable: Connects 14 $295.00 $227.15 $3,180.10 to k.NCS Single Use and Reusable Sensors (4 ft) 3 8000-0294 Sp02 LNCS Adult Reusable Sensor (I each) 14 $295.00 $227.15 $3,180.10 4 8 0 0 0 - 0 8 9 5 Cuff Kit with Welch Allyn Small Adult Large Adult and 8 $157,50 $121.28 $970.24 Thigh Cuffs To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms and conditions j"Overriding T's & C's"), those terms and condillons would apply to this quotation. IIn all other cases, this quote is made suibject to ZOLUs Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case ofaverriding T's and Vs, any Purchase Order J11130") issued In response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall' heave no force or effort except to the extent agreed In writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30,20% 3, APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING, 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421.0015 OR EMAIL TO ESALES@ZOLL.COM. 6, ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. PLACE YOURACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore-com. Adam Peterson Territory Manager EMS Western Mic Page 2 ZOLLO TO: South Bend Fire Department 1222 South Michigan Street South Bend', IN 466011 Attu: Andrew Myer email; amyerAsouthibendin.,go Tel; 574-340-1342 ZOLL Medical' Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978), 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275318 VA DATE: May 18, 2018 TERMS! SPECIAL FOS: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE 5 8 0 0 0 - 0 5 8 0 - 01 Six hour rechargeable Smart battery 16 $495,00 $381.15 $6,098.40 6 8200-1000100-01 Single Bay Charger for the SurePower and 8 $945,00 $727.65 $5,821.20 SumPower III batteries. 7 8300-0802-01 12-Lead one step ECG cable - AAMI includes 4-Lead 6 $325.00 $250,25 $1,501.50 trunk cable and removable precordial 6 lead set. 8 8300-10800-01 3-Lead ECG Cable - AAMI With low profile connector 6 $125.00 $96.25 $577.50 9 8000-0333 SpO2 Rainbow DCI Pediatric Resuable Patient 8 $395.00 $304.15 $2,433.20 CphlelSensor (3 ft) 10 REUSE- 09- 2MQ Cuff, Child, 2-Tube, Twist lock oonne0or 8 $52.50 $40,42 $323.36 11 NPIN Item # X9000 - ZOLL X Series Mount 8 $429.00 $429.00 $3,432.00 12 5001-9928 ZOLL E Series wMacing, 12 lead + 3 parameters or 8 ($5,000,00) ($40,000,00) mom Trade-in 13 Interest to be applied: $11,80171 To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overridingi, terms and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLUs Standard Commercial Terms and Conditions("ZOLL T's & C's") which accompany this quote. Except In the case of overriding Ts and C's, any Purchase Order ("PO") issued In, response to this quotation will be deemed to incorporate ZOLL T's & C's, ands any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADIE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE X 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING, 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421 -0016 OR EMAIL TO ESALES@ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. f. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mc Page 3 ZOLL(ill TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: amver0soutthbendin.-gov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide Hea:dQuarters 269 Milli Rd Chelmsford, Massachusetts 01824-4105 (978) 421-96SS Main (800)348-9011 (978) 421-001.5 Customer Support FEDFRALID#: 04-2711626 QUOTATION 275318 VA DATE: May 18„ 2018 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add' ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE Special Payment Terms: 60% due net 30, balance due In 4 equal annual payments on July 1, 2019, July 1, 2020, July 1, 2021, and July 1, 2022. By placing a purchase order in response to this quotation, South Bend Fire department agrees that it thereby grants to ZOLL a purchase money security interest in all the goods referenced by such purchase order and acknowledges that ZOLL may file a UCC Financing Statement ordering such purchase money security interest. Customer further agrees to execute a Security Agreement to be provided by ZOLL prior to shipment pursuant to such purchase order. 'Reflects Discount Pricing. "Trade-in Value valid if all equipment purchased is in good operational and cosmetic condition, and includes all standard) accessories. Customer assumes responsibility for shipping trade-in equipment to ZOLL Cheimsford' within 60 days of receipt of now equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. "Trade value guaranteed only through June 30, 2018. ZOLL RescueNet 12-Lead receiving system will be provided free of charge to the South Bend Fire Department as well as the facilities they transport and transmit to. To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms TOTAL and rnndilinna t'"rlaarrldinn `r'n P ("a"t.. thnaa tprnma and ennditinnn wnutdl annly to thin nuuntannn.In all nthar caana. $228,935 31 this quote is made subject to ZOLL's Standard Commercial Terms and Conditions 1"Z'C'LL T's 8, C's"'► which accompany this quote. Except in the case ofoverriding T's and) C's, any Purchase Order t"P'O"), issued in response to this quotation will be deemed to incorporate ZOLL T's S C's, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER.. 2. PRICES QUOTED ARE VALID UNTIL DUNE 30, 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION, TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES o�S OLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.ZOIIwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 4 ZOLL QUOTATION GENERAL TERMS & CONDITIONS 1. ACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the '':,.Customer the equipment (including a license 10 use certain software) listed in this Quotation and (described in the specifications either attached to or referred 10 in this Quotation (hereinafter referred to as Equipment). Any acceptance of such offer is expressly limited to the terms of this Quotation, including these General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (i) any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation of any purchase order, specification, or other document issued by the Customer. Any such document shah be Wholly inapplicable to any sale made pursuant to this Quotation, and shall not be binding in any way on ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer (hereinafter referred to as the "Contract' the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terms and Conditions. No waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding on ZOLL Medical Corporation unless such waiver, change or modification (1) is made in writing (h) expressly stales that it is a waiver, change or modification of this Quotation or the Contract and (ill) Is signed by an authorized representative of ZOLL Medical Corporation. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F.Q.B. ZOLL Medical Corporation's facility. Risk of loss or damage to the Equipment shah pass to the Customer upon delivery of the Equipment 10 the carrier. 3. TERMS OF PAYMENT. Unless otherwise staled in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable hereunder which remain unpaid after the dale shall be subject to a late charge equal to 1.5 % per month from the due date until such amount is paid. 4. CREDIT APPROVAL. All shipments and deiiverles shall at all times be subject 10 the approval of credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation. 5. TAXES & FEES. The pricing quoted in its Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges, or any order processing fees. The Customer shall pay in addition for the prices quoted the amount of any present or future sales, excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment add hereunder (except any tax based on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL may apply from time to time. In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing authorities. 6. WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporation's facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side. Accessories and electrodes shall be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporation's sole option) any part of the Equipment found by ZOLL Medical Corporation to be defective In material or --workmanship. If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, ,TOLL Medical Corporation's regular service charges shall apply. (b) ZOLL Medical Corporation shall not bo responsible for any Equipment defect failure of the Equipment to perform any specified function, or any other nonconformance of the Equipment caused by or attributable to (i) any modifficalion of the Equipment by the Customer, unless such modification is made with the prior written approval of ZOLL Medical Corporation: (ii) the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation, or (Ili) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment other than in accordance with ZOLL Medical Corporation's instructions. (c) Warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cables and accessories. (d) The foregoing warranly does not apply to software included as part of the Equipment (including software embodied in read-only memory known as "firmware"). (a) The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the "Software" which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth, (b) Customer may not copy, distribute, modify, translate or adapt the Software, and may not disassemble or reverse compile the Software, or seek in any manner to discover, disclose or use any proprietary algorithms, techniques or other confidential information contained therein, (c) All rights in the Software remain the product of ZOLL Medical Corporation, and Customer shalt have no right or interest therein except as expressly provided herein. (d) Customer's right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this quotation, (o) Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer. (f) ZOLL Medical Corporation warrants that the read-only memory or other media on which the Software is recorded wit be free from defects in materials and workmanship for the period and on terms set forth in section 6. (g) Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software will; be uninterrupted or error -free, or that the Software will meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customer's exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. This License app€ties only to ZOLL Medical Corporation Software. 6. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery of any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical Corporation including, but not limited to acts of God, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, inability to obtain materials, components, manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL .Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer 10 cuovide any necessary information in a timely manner. In the event of any such delay, the date of "shipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the Contract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such dates. 9. LIMITATIONS OF LIABILITY, IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE. 1D. PATENT INDEMNITY. ZOLL Medical Corporation shall at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United Slates patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, provided that (€) such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts, (11) the Customer gives ZOLL Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporation through counsel of its choice, to answer the charge of infringement and defend such suit, and (tit) the Customer gives ZOLL Medical Corporation all requested information, assistance and authority at ZOLL Medical Corporation's expense, to enable ZOLL Medical Corporation to defend such suit. In the rase of a final award of damages for infringement in any such suit, ZOLL Medical Corporation Wit pay such award, but it shall not be responsible for any settlement made without its written consent. Section 10 stales ZOLL Medical Corporation's total responsibility and liability's, and the Customer's sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect, special, or consequential damages resulting from any such infringement. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation of any shortage in any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLL Medical Corporation to return a product for credit, the Customer shali he subject to a restocking charge of twenty percent (20%) of the original list purchase price, but not less than $60.00 per product. (c) Any such change In delivery caused by the Customer that causes a delivery dale greater than six (6) months from the Customer's original order date shall constitute a new order for the affected Equipment in determining the appropriate list price. 13. APPLICABLE LAW. This Quotation and the Contract shalt be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. 14. COMPLIANCE WITH LAWS, (a) ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable stale and federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938, as amended. (b) The Customer shall be responsible for compliance with any federal, stale and local laws and regulations applicable 10 the installation or use of the Equipment furnished hereunder, and will obtain any permits required for such installation and use. 15. NON -WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporation may decline to make further shipments or render any further warranty or other services without in any way affecting its right under such order. If despite any default by Customer, ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such default. No claim or right arising out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by ZOLL Medical Corporation. 16. ASSIGNMENT. This Quotation, and the Contract, may not be assigned by the Customer without the prior written consent of ZOLL Medical Corporation, and any assignment without such consent shall be null and void. 17. TITLE TO PRODUCTS. Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corpora€ion. Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right, without liability to repossess the Equipment, with or without notice, and to avail itself of any remedy provided by law. 1B. EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION. VETERAN'S EMPLOYMENT - If this order is subject to Executive Order 11710 and the rules, regulations, or orders of the Secretary of Labor Issued thereunder the contract clause as set forth at 41 CFR 60.250.4 is hereby included as part of this order. EMPLOYMENT OF HANDICAPPED - if this order is subject to Section 503 of the Rehabilitation Act of 1973. as amended and the rules, regulations or orders of the Secretary of Labor as Issued thereunder, the contract clause at 41 CPR 60-741.7 is hereby included as part of this order. EQUAL OPPORTUNITY EMPLOYMENT - if this order is subject 10 the provisions of Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary of Labor issued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4 (b) are hereby included as a pars of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 6D-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60A.40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. After such period, the acceptance of this Quotation shah not be binding upon ZOLL Medical Corporation and shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation, 20. GENERAL. Any Contract resulting from this Quotation shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire agreement between Buyer and Supplier with respect to the purchase and sale of the Products described in the face hereof, and only representations or statements contained herein shall be binding upon Supplier as a warranty or otherwise. Acceptance or acquiescence in the course of performance rendered pursuant hereto shall not be relevant to determine the meaning of this writing even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. No addition 10 or modification of any of the terms and conditions specified herein shall be binding upon Supplier unless made in writing and signed by a duly authorized representative of Supplier. The terms and conditions specified shall prevail notwithstanding any variance from the terms and conditions of any order or other force submitted by Buyer for the Products set forth on the face of this Agreornenl. To the extent that this writing may be heated as an acceptance of Buyer's prior offer, such acceptance is expressly made conditional on assent by Buyer to the terms hereof, and, without limitation, acceptance of the goads by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty (30) days notice. Page 5 ZOLL Medical Corporation ZOLL,;, TO: South Bend Dire department 1222 South Michigan Street Soluth Bend, IN 46601 Attm Andrew Myer email: amnverOsouthbendin.gov Ted: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford', Massachusetts 01824-4105 (978) 421-9655 Main (800)348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 276315 V:2 DATE: May 18, 2018 TERMS: Net 30 Days FOS: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION Olry, UNIT PRICE DISC PRICE TOTAL PRICE 1 6 0 1 - 2 2 21 01 1 - 01 X Series @ Manual MonitorMeflbrillator $14,995 8 $37,275.00 $28,701,75 $229,614.00 with 4 trace tri-mode display monitor/ defibriillatord printer, comes with Real CPR Help0, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5"( 1,6.5cm) diagonal screen, full 12 ECG lead view with both dynamic and static 12-lead mode display. Accessories Included: M,FG cable • MFC CPR connector • A/C power adapter/ battery charger • A/C power cord • One (1) roll printer paper • 6.6 An Li-lon battery • Carry case • Declaration of conformity • Operator's Manual • Quick Reference Guide • One (1)-year EMS warranty Advanced Optlons: Real CPR Help Expansion Pack $ 995 CPR Dashboard quantitive depth and rate in real time, release indicator, interruption timer, perfusion performance indicator (PPt) • See - Thru CPR artifact filtering ZOLL Noninvasive Pacing Technology: $2,550 To the extent that ZOLL and Customer, or Customer's Rt presentative have negotiated and executed overriding temis and conditions "Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL's standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except In the case of overriding T's and C's, any Purchase Order ("'PO") issued in response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed l in writing by ZOLL. 1,, DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL .TUNE 30, 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREIQITAP'PROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421.0015 OR EMAIL TO ESALES@ZOLL.COM. 6. ALL DISCOUNTS OFF LAST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 1. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING WWW.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 1 ZOLL(P) TO: South Bend Fire IDepartment 1222 South, Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: amyerCcDsouth bend i n.gov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Kill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275315 V: 2 DATE. May 18, 2018 TERMS: Net 30 Days FOB: Shipping P,ojnt FREIGHT: Prepay and Add ITEM MODELINUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE MaWmO Pulse 04metry SP02 $1,795 - Signal Extraction Technology (SET) * Rainbow SET NIBP Welch Allyn Includes: $3,495 • Smartcuff 10 foot Dual Lumen hose • SureBP Reusable Adult Medium Cuff End Tidal Carbon Dlo)dde monitoring (ETCO2) Orldlon Microstream Technology: $4;995 Order required Microstream tubing sets separately Interpretative 12- Lead ECG, $8,450 • 12-Lead one step ECG cable- includes 4- Lead limb lead cable and removable precorcial 6- Lead set 2 8000-033,0 Sp02 Rainbow Reusable Patient Calibie: Connects 14 $295.00 $227.15 $3,180.10 to k.NCS Single Use and Reusable Sensors (oft) 3 8 0 0 0 - 0 2 9 4 Sp02 LNCS Adult Reusable Sensor (I each) 14 $295.00 $22715 $3,180.10 4 8 0 0 0 - 0 8 9 5 Cuff Kit with Welch Allyn Small Adult, Large Adult and 8 $157.50 $121.28 $970.24 Li TPIgh Cuffs To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLUs Standard Cornmerciall Terms and Conditions ("ZOLL T's & C's") which accompany this quote, Except in the case of overriding T's and C's, any Purchase Order J11PO") Issued In response to this quotation wilt be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall', have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30,2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4, ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLIL. 5. FAX PURCHASE ORDER AND QUOTATMN TO ZOLL CUSTOMER SUPPORT AT 978.421-0015 OR EMAIL TO ESAL,ES@OLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS, PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 2 JIIZOLL(h0 TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: arriver(cilsouthbandin,gov Tel: 574-340-1342 ZOLL Medlical Corporation Worldwide Head Quarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275315 V-.2 DATE; May 18, 2018 TERMS: Net 3,0 Days 1`013: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION OTY, UNITPRICE DISC PRICE TOTAL PRICE 5 8000-0580-01 Six hour rechargeable Smart battery 16 $495.00 $381.15 $6,098.40 6 8200-000100-01 Single Bay Charger for the SurePower and 8 $945.00 $727,65 $5,821,20 SurePower 11 batteries. 7 8300-0802-01 12-Lead one stop ECG cable - AAMI includes 4-Lead 6 $325.00 $250.25 $1'501.50 trunk cable and removable precordlai 6 lead set. 8 8300-0800-01 3-Lead ECG Cable - AAMI With low profile Connector 6 $125.00 $96.25 $577.50 9 8000-0333 Sp02 Rainbow DCli Pediatric Resuab,le Patient 8 $395.00 $304.15 $2,433.20 Cahle/Sensor (3 ft) 10 REUSE- 09- 2MQ Cuff, Child, 2-Tube, Twist lock connector 8 $52.50 $40.42 $323,36 11 N P N Item # X9000 - ZOLL X Series Mount 8 $429.00 $429.00 $3,432.00 12 5 0 0 1 - 9 9 2 8 ZOLL E Series wiPacing, 12 lead + 3 parameters or 11 ($5,000.010) ($55,000,00) L. mores Trade -In ........... . To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is media subject to ZOLL's Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except In the case of overriding T's and C's, any Purchase Order ("PO") issued in response to this quotation will be deemed to Incorporate ZOLL T's& C's, and any other terms and conditions shall have no force or effect OKCOPt to the extent agreed in writing Iby ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER, 2. PRICES QUOTED ARE VALID UNTIL JUNE 30,2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL, 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421 -0015 OR EMAIL TO ESALES@,ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 3 ZOLL(io TO: South Bend Fire Department 1222 South Michigan Street South Send, IN 46601 Attn: Andrew Myer email: amyer0southbondin.gov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275316 V:2 DATE: May 18, 2018 TERMS; Net 30 Days FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE *Reflects Discount Pricing. "•Trade-in Value valid if all equipment purchased is In good operational and cosmetic condition, and includes all standard accessories. Customer assumes responsibility for shipping trade-in equipment to ZOLL Chelmsford within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. -Trade value guaranteed only through June 30, 2018. ZOLL RescueNet 12-Lead receiving system will be provided free of charge to the South Bend! Fire Department as well as the facilities they transport and transmit to. To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms TOTAL and conditions I"Oveirriding T's & C's"I those terms and conditions would apply to this quotation In all other cases $202,131.60 this quote Is made subject to ZOLL's Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case of overriding T's and C's, any Purchase Order (11130") issued in response to this quotation will be deemed to incorporate ZOLL T's & Cls, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OFACCEPTED PURCHASE ORDER. Z PRICES QUOTED ARE VALID UNTIL JUNE 30, 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAP'PROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421 -00,15 OR EMAIL TO ESALES@ZOLL.COM, 6, ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www,zollwebstore,com. Adam Peterson Territory Manager EMS Western Mic Page 4 ZOLL QUOTATION GENERAL TERMS & CONDITIONS 1, ACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the `.Customer the equipment (including a license to use certain software) listed in this Quotation and described in the specifications either attached to or referred to in this Quotation (hereinafter referred to as Equipment). Any acceptance of such offer Is expressly limited to the terms of this Quotation, including these General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (1) any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation of any purchase order, specification, or other document Issued by the Customer. Any such document shall be wholly inapplicable to any safe made pursuant to this Quotation, and shall not be binding in any way on ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer (hereinafter referred to as the 'Contract the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terms and Conditions. No waiver change or modification of any of the provisions of this Quotatan or the Contract shall be binding on ZOLL Medical Corporation unless such waiver, change or modification (i) is made in writing (ii) expressly states that it is a waiver, change or modification of this Quotation or the Contract and (III) is signed by an authorized representative of ZOLL Medical Corporation. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F.O.B. ZOLL Medical Corporation's facility. Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier. 3. TERMS OF PAYMENT. Unless otherwise stated in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable hereunder which remain unpaid after the data shall be subject to a late charge equal to 1.5% per month from the due date until such amount is paid. 4. CREDIT APPROVAL. At shipments and deliveries shall at ail times be subject to the approval of credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment of delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation. S. TAXES & FEES. The pricing quoted in its Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges, or any order processing fees. The Customer shall pay in addition for the prices quoted the amount of any present or future sales, excise or other similar tax or customs duty or charge applicable to the sale or use of The Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL may apply from time to time. In liou thereof the Customer may provide ZOLL Medical Corporation with a tax exemption cer6ficaie accap€ablo to the taxing authorities. 6. WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporation's facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side. Accessories and electrodes shall be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporation's sole option) any part of the Equipment found by ZOLL Medical Corporation to be defective in material or .workmanship. If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, 5ZOLL Medical Corporation's regular servica charges shall apply. (b) ZOLL Medical Corporation shall not =be responsible for any Equipment defect failure of the Equipment to perform any specified function, or any other nonconformance of the Equipment caused by or attributable to (i) any modification of the Equipment by the Customer, unless such modification is made with the prior written approval of ZOLL Medical Corporation: (li) the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation, or (ill) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment other than in accordance Wth ZOLL Medical Corporation's instructions. (a) Warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cables and accessories. (d) The foregoing warranty does not apply to software included as part of the Equipment (including software embodied in read-only memory known as Y(mware'). (a) The foregoing warranty constitutes the exclusive remedy of the Customer and the exe€usive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the 'Software' which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth, (b) Customer may not copy, distribute, modify, translate or adapt the Software, and may not disassemble or reverse compile the Software, or seek in any manner to discover, disclose or use any proprietary algorithms, techniques or other confidential Information contained therein, (c) All rights in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right or interest therein except as expressly provided herein. (d) Customer's right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this quotation, (a) Customer may transfer the license conrerred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer. (I) ZOLL Medical Corporation warrants that the read-only memory or other media on which the Software is recorded calif be free from defects in materials and workmanship for the period and on terms sat forth in section 6. (g) Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software will be uninterrupted or error -free, or that the Software wilt meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customers exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read only memory or other media so that it correctly reproduces the Software. This License applies only to ZOLL Medical Corporation Software. 8. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery of any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical Corporation including, but not limited to acts of God, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, inability to obtain materials, components, manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL ,Medical Corporation shalt not be liable for any delay in delivery caused by failure of the Customer to rovide any necessary information in a timely manner. In the event of any such delay, the data of sbipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitabte basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the Contract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such dates. 9, LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE. 10. PATENT INDEMNITY. ZOLL Medical Corporation shall at its awn expense defend any suit that may be instituted against the Customer for alleged infringement of any United States patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, provided that (I) such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts, (ii) the Customer gives ZOLL Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporation through counsel of its choice, to answer the charge of infringement and defend such suit, and (!it) the Customer gives ZOLL Medical Corporation all requested information, assistance and authority at ZOLL Medical Corporation's expense, to enable ZOLL Medical Corporation to defend such suit. In the case of a final award of damages for infringement in any such suit, ZOLL Medical Corporation will pay such award, but it shall not be responsible for any settlement made without its written consent. Section 10 states ZOLL Medical Corporation's total responsibility and liabifitys, and the Customer's sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for arty indirect, special, or consequential damages resulting from any such Infringement. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation of any shortage in any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLL Medical Corporation to return a product for credit, the Customer shall be subject to a restocking charge of twenty percent (20%) of the original list purchase price, but not less than $50.00 per product. (c) Any such change in delivery caused by the Customer that causes a delivery date greater than six (6) months from the Customer's original order date shall constitute a new order for the affected Equipment in determining the appropriate list price. 13. APPLICABLE LAW. This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. 14. COMPLIANCE WITH LAWS. (a) ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Act or 1938, as amended. (b) The Customer shall be responsible for compliance with any federal, state and local laws and regulations applicable to the installation or use of the Equipment furnished hereunder, and will obtain any permits required for such installation and use. 15. NON -WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporation may decline to make further shipments or render any further warranty or other services without In any way affecting its dght under such order. If despite any default by Customer, ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such default. No claim or right arising out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by ZOLL Medical Corporation. 16. ASSIGNMENT, This Quotation, and the Contract, may not be assigned by the Customer without the prior wdtten consent of ZOLL Medical Corporation, and any assignment without such consent shall be null and void. 17. TITLE TO PRODUCTS. Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carder and agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corporation. Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right, without liability to repossess the Equipment, with or without notice, and to avail itself of any remedy provided by law. 18. EQUAL EMPLOYMENT OPPORTUNITY f AFFIRMATIVE ACTION. VETERAN'S EMPLOYMENT - €f this order is subject to Executive Order 11710 and the rules, regulations, or orders of the Secretary of Labor -issued thereunder the contract clause as set forth at 41 CPR 60-250.4 is hereby included as part of this order. EMPLOYMENT OF HANDICAPPED - if this order is subject to Section 503 of the Rehabilitation Act of 1973, as amended and the rules, regulations or orders of the Secretary of Labor as issued thereunder, the contract clause at 41 CFR 60-741.7 is hereby included as part of this order. EQUAL OPPORTUNITY EMPLOYMENT - if this order is subject to the provisions of Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary of Labor issued thereunder, the contract clause set forth at 41 CFR 60.1.4 (a) and 60.1.4 (b) are hereby included as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 60-1.1 and the affirmative action compliance program requirements set forth as 41 CFR 60.1.40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance whit the terms of Section 1 hereof for the period set forth on the face hereof, After such period, the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation. 20. GENERAL. Any Contract resulting from this Quotation shall be governed by and Interpreted in accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire agreement between Buyer and Supplier with respect to the purchase and sale of the Products described in the face hereof, and only representations or statements contained herein shall be binding upon Supplier as a warranty or otherwise. Acceptance or acquiescence in the course or performance tendered pursuant hereto shall not be relevant to determine the meaning of this writing even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. No addition to or modification of any of the terms and conditions specified herein shall be binding upon Supplier unless made In writing and signed by a duly authorized representative of Supplier. The terms and conditions specified shalt prevail notwithstanding any variance from the terms and conditions of any order or other form submitted by Buyer for the Products set forth on the fare of this Agreement. To the extent that this writing may be treated as an acceptance of Buyers prior offer, such acceptance is expressly made conditional on assent by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer to the terms hereof, and, vrithoul limitation, acceptance of the goods by Buyer shall constitule such assent. Al cancellations and reschedules require a minimum of thirty (30) days notice. Page 5 ZOLL Medical Corporation TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: am er southbendin. ov Tei: 574-340-1342 ZOLL Medical Corporation worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 275316 VA DATE: May 21, 2018 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE 1 6 01 - 2 2 2 1 0 1 1- 0 1 X Series ® Manuel Monitor/Defibrillator $14,995 8 $37,275.00 $28,701.75 $229,614,00 with 4 trace tri-mode display monitor/ defibrillatort printer, comes with Real CPR HelpO, advisory algorithm, advanced communications package (WI-Fi, Bluetooth, USS cellular modem capable) USB data transfer capable and large 6.5"( 16.5cm) diagonal screen, full 12 ECG lead view with both dynamic and static 12-lead mode display. Accessories Included: • MFC cable • MFC CPR connector • A/C power adapter/ battery charger • AIC power cord • One (1) roll printer paper • 6.6 Ah Li -ion battery • Carry case • Declaration of Conformity • Operator's Manual • Quick Reference Guide • One (1)-year EMS warranty Advanced Options: Real CPR Help Expansion Pack $ 995 CPR Dashboard quantitive depth and rate in real time, release indicator, interruption timer, perfusion performance indicator (PPI) • See - Thru CPR artifact filtering ZOLL Noninvasive Pacing Technology: $2,550 To the extent that ZOLL and Customer, or l:ustomer's Kepresenutuve nave negouateu anu executeu overnm IU cvnns and conditions ("Overriding T's & Cs"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLUs Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except In the case of overriding T's and C's, any Purchase Order ("PO") Issued in response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE_30, 2018, 3, APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL. �X PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 EMAIL TO ESALES ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7, PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebst:ore.com. Adam Peterson Territory Manager EMS Western Mic Page 1 TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: am er southbendin, ov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-271.1626 QUOTATION 276316 V.1 DATE: May 21, 2018 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE Masimo Pulse Oximetry SP02 $1,795 • Signal Extraction Technology (SET) • Rainbow SET N1BP Welch Allyn includes: $3,495 • Smartcuff 10 foot Dual Lumen hose • SureBP Reusable Adult Medium Cuff End Tidal Carbon D[oAde monitoring (ETCO2) Orldlon Micrestream Technology: $4.995 Order required Microstream tubing sets separately Interpretative 12- Lead ECG: $8,450 • 12-Lead one step ECG Cable- includes 4- Lead limb lead cable and removable precordial 6- Lead set 2 8 0 0 0 - 0 3 3 0 Sp02 Rainbow Reusable Patient Cable: Connects 14 $295.00 $227.15 $3,180.10 to LNCS Single Use and Reusable Sensors (4 ft) 3 8 0 0 0 - 0 2 9 4 Sp02 LNCS Adult Reusable Sensor (1 each) 14 $295.00 $227.15 $3,180.10 4 8 0 0 0 - 0 8 9 5 Cuff Kit with Welch Allyn Small Adult, Large Adult and 8 $157.50 $121.28 $970.24 Thigh Cuffs To the extent that ZOLL and Customer, or (;ustomer's Itepresentauve nave negotiate¢ anu executeu uverrrumy 1en115 and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote Is made subject to ZOLUs Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case of overriding T's and C's, any Purchase Order ("PO") issued In response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30,_ 2018, 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL, 1X PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978421-0015 >rt EMAIL. TO ESALES ,ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 2 TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attw Andrew Myer email: amyeEMsouthbendin.ftov_ Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#:04-2711626 QUOTATION 275316 VA DATE: May 21, 2018 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE 5 8 0 0 0- 0 5 8 0- 01 Six hour rechargeable Smart battery 16 $495.00 $381 A 5 $6,098.40 6 8 2 0 0 - 0 0 01 0 0 - 01 Single Bay Charger for the SurePower and 8 $945.00 $727.65 $5,821,20 SumPower II batteries. 7 8 3 0 0 - 0 8 0 2 - 01 12-Lead one step ECG cable -AAMI includes 4-Lead 6 $325.00 $250,25 $1,501.50 in!nk cable and removable precordial 6 lead set. 8 8 3 0 0 - 0 8 0 0 - 01 3-Lead ECG Cable - AAMI whh low profile connector 6 $125.00 $96.25 $577,50 9 8 0 0 0- 0 3 3 3 Sp02 Rainbow DCI Pediatric Resuable Patient 8 $395.00 $304.15 $2,433.20 Cmft/Sensor (3 ft) 10 REUSE- 0 9 - 2MID Cuff, Child, 2-Tube,TWstlock connector 8 $52.50 $40.42 $323,36 " 11 N P N Item # X9000 - ZOLL X Series Mount 8 $429.00 $429.00 $3,432.00 12 5 0 0 1- 9 9 2 8 ZOLL E Series w/Pacing, 12 lead + 3 parameters or 8 ($5,000.00) ($40,000.00) ** mor.9 Trade -In To the extent that ZOLL and Customer, or customer's ttepresentative nave negotiates ana execurea overnamg rannn and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL's Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case of overriding T's and C's, any Purchase Order ("PO") issued in response to this quotation Y411 be deemed to Incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed in writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30, 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL. )X PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978.421-0016 2 EMAIL TO ESALES@ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 3 TO: South Bend Fire Department 1222 South Michigan Street South Bend, IN 46601 Attn: Andrew Myer email: aMye[@southbend)n.aov Tel: 574-340-1342 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800)348-9011 (978) 421-0015 Customer Support FEDERAL ID#:04-2711626 QUOTATION 275316 VA DATE: May 21, 2018 TERMS: SPECIAL_ FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION CITY. UNIT PRICE DISC PRICE TOTAL PRICE Special Payment Terms: 50% due net 30, 25% due July 1, 2019, balance due July 1, 2020. By placing a purchase order In response to this quotation, South Bend Fire Department agrees that it thereby grants to ZOLL a purchase money security interest in all the goods referenced by such purchase order and acknowledges that ZOLL may file a UCC Financing Statement ordering such purchase money security Interest. Customer further agrees to execute a Security Agreement to be provided by ZOLL prior to shipment pursuant to such purchase order. *Reflects Discount Pricing. -Trade-In Value valid If all equipment purchased is In good operational and cosmetic condition, and includes all standard accessories. Customer assumes responsibility for shipping trade-in equipment to ZOLL Chelmsford within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. **Trade value guaranteed only through June 30, 2018. ZOLL RescueNet 12-Lead receiving system will be provided free of charge to the South Bend Fire Department as well as the facilities they transport and transmit to. To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms TOTAL ., atn......sas.... T,_ v h...... *.... n..A nn A141n ..,n..td . nl., E.. Ehin n nlaElnn in nil n/hn rxea¢ $217,131.60 this quote Is made subject to ZOLUs Standard Commercial Terms and Conditions ("ZOLL T's & C's") which accompany this quote. Except in the case of overriding T's and C's, any Purchase Order ("PO") issued In response to this quotation w311 be deemed to Incorporate ZOLL T's & C's, and any other terms and conditions shall have no force or effect except to the extent agreed In writing by ZOLL. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES QUOTED ARE VALID UNTIL JUNE 30, 2018. 3. APPLICABLE TAX, SHIPPING & HANDLING WILL BE ADDEDATTHE TIME OF INVOICING. 4. ALL PURCHASE ORDERS ARE SUBJECTTO CREDITAPPROVAL BEFORE ACCEPTABLE BY ZOLL. X PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0016 jR EMAIL TO ESALES@ZOLL.COM. 6. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. Adam Peterson Territory Manager EMS Western Mic Page 4 ZOLL QUOTATION GENERAL TERMS & CONDITIONS '7,CEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the ner the equipment (Including a license to use certain software) listed in this Quotation and �. „ibed in the specifications either attached to or referred to In this Quotation (hereinafter referred to as Equipment). Any acceptance of such offer is expressly limited to the terms of this Quotation, Including these General Terns and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (1) any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation of any purchase order, specification, or other document issued by the Customer. Any such document shall be Wholly Inapplicable to any sale made pursuant to this Quotation, and shall not be binding in any way an ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer (hereinafter referred to as the 'conifacr the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terms and Conditions. No waiver change or modification of any of the provisions of this Quotation or the Contract shalt be binding an ZOLL Medical Corporation unless such waiver, change or modification (1) is made in writing (ii) expressly stales that it is a waiver, change or modification of this Quotation or the Contract and (ill) is signed by an authorized representative of ZOLL Medical Corporation. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F,O.B. ZOLL Medical Corporation's facility, Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier. 3. TERMS OF PAYMENT. Unless otherwise stated in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable hereunder which remain unpaid after the date shall be subject to a late charge equal to 1.5% per month from the due date until such amount is paid. 4, CREDIT APPROVAL. All shipments and deliveries shall at all times be subject to the approval of credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation. 6. TAXES & FEES. The pricing quoted in its Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges, or any order processing fees. The Customer shall pay in addition for the prices quoted the amount of any present or future sales, excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL may apply from time to time. In lieu thereof the Customer may provide ZOLL Medical Corporation with a lax exemption certificate acceptable to the taxing authorilles. 6. WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the eadier of the dale of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporation's facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side. Accessories and electrodes shall be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical ration will at no charge to the Customer either repair or replace (at ZOLL Medical Corporation's )tion) any part of the Equipment found by ZOLL Medical Corporation to be defective in material or iianship. If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, ZOLL Medical Corporation's regular service charges shall apply. (b) ZOLL Medical Corporation shall not be responsible for any Equipment defect failure of the Equipment to perform any specified function, or any other nonconformance of the Equipment caused by or attributable to (i) any modification of the Equipment by (he Customer, unless such modification is made with the prior written approval of ZOLL Medical Corporation: (it) the use of the Equipment with any associated or comp)ementary equipment accessory or software riot specked by ZOLL Medical Corporation, or (ill) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL Medical Corporation, or (v) installation of wiring of the Equipment other than in accordance with ZOLL Medical Corporation's instructions. (c) Warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cables and accessories. (d) The foregoing warranty does not apply to software included as part of the Equipment (Including software embodied in read-only memory known as 'firmware). (a) The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the 'Software which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth, (b) Customer may not copy, dishibute, modify, translate or adapt the Software, and may not disassemble or reverse compile the Software, or seek In any manner to discover, disclose or use any proprietary algorithms, techniques or other confidential information contained therein, (c) All rights In the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right or interest therein except as expressly provided herein. (d) Customer's light to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure 10 comply with terms of this quotation, (a) Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer. (f) ZOLL Medical Corporation warrants that the read-only memory or other media on which the Software is recorded will be free from defects in materials and workmanship for the period and on terms set forth in section 6. (g) Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software wiil be uninterrupted or error -free, or that the Software wilt meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customers exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. This License applies only to ZOLL Medical Corporation Software. 8. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery of art of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical .!'ation including, but not limited to acts of God, fires, epidemics, floods, dots, were, sabotage, labor .:es, governmental actions, Inability to obtain materials, components, manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to provide any necessary Information in a timely manner. In the event of any such delay, the date of shipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the Contract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such dates. 9. LIMITATIONS OF LIABILITY, IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE. 10. PATENT INDEMNITY. ZOLL Medical Corporation shall at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United Slates patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, provided that (1) such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts, (11) the Customer gives ZOLL Medical Corporation immediate notice in waiting of any such suit and permits ZOLL Medical Corporation through counsel of its choice, to answer the charge of infringement and defend such suit, and (Ili) the Customer gives ZOLL Medical Corporation all requested Information, assistance and authority at ZOLL Medical Corporation's expense, to enable ZOLL Medical Corporation to defend such suit. In the case of a final award of damages for infringement in any such suit, ZOLL Medical Corporation will pay such award, but it shall not be responsible for any settlement made without its written consent. Section 10 states ZOLL Medical Corporation's total responsibility and Ilabi#ity's, and the Customer's sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect, special, or consequential damages resulting from any such Infringement. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the Customer upon receipt Ihareof. The Customer shall Inform ZOLL Medical Corporation of any shortage In any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLL Medical Corporation 10 return a product for credit, the Customer shall be subject to a restocking charge of twenty percent (201%) of the original list purchase price, but not less than $50.00 per product. (c) Any such change in delivery caused by the Customer that causes a delivery dale greater than six (6) months from the Customer's original order date shelf constitute a new order for the affected Equipment in determining the appropriate fist price. 13. APPLICABLE LAW. This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. 14. COMPLIANCE WITH LAWS. (a) ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied In compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938, as amended. (b) The Customer shall be responsible for compliance with any federal, stale and local laws and regulations applicable to the installation or use of the Equipment furnished hereunder, and will obtain any permits required for such installation and use. 16, NON -WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporation may decline to make further shipments or render any further warranty or other services without in any way affecting its right under such order. if despite any default by Customer, ZOLL Medical Corporation elects 10 continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such defaulL No claim or right arising out of a breach of the Agreement by the Customer can be discharged In whole or in part by waiver or renunciation of the Balm or right unless the waiver or renunciation is supported by consideration and is in writing signed by ZOLL Medical Corporation. 1S. ASSIGNMENT. This Quotation, and the Contract, may not be, assigned by the Customer without the prior written consent of ZOLL Medical Corporation, and any assignment without such consent shall be null and void. 17. TITLE TO PRODUCTS. Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all ads necessary to perfect and maintain such right and title in ZOLL Medical Corporation. Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right, without liability to repossess the Equipment, with or without notice, and to avail itself of any remedy provided by law. 18. EQUAL EMPLOYMENT OPPORTUNITY! AFFIRMATIVE ACTION. VETERAN'S EMPLOYMENT - If this order is subject to Executive Order 11710 and the rules, regulations, or orders of the Secretary of Labor issued thereunder the contract clause as set forth at 41 CFR 60-250.4 is hereby included as part of this order. EMPLOYMENT OF HANDICAPPED - If this order is subject to Section 503 of the Rehabilitation Act of 1973. as amended and the rules, regulations or orders of the Secretary of Labor as issued thereunder, the contract clause at 41 CFR 60-741.7 is hereby included as part of this order. EQUAL OPPORTUNITY EMPLOYMENT - if this order is subject to the provisions of Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary of Labor issued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4 (b) are hereby included as a part of this order and Seller agrees 10 comply with the reporting requirements set forth at 41 CFR 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1.40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. After such period, the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall net create a contract, unless such acceptance Is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation. 20. GENERAL. Any Contract resulting from this Quotation shall be governed by and interpreted in accordance with the taws of the Commonwealth of Massachusetts. This constitutes the entire agreement between Boyer and Supplier with respect to the purchase and sale of the Products described in the face hereof, and only representations or statements contained herein shall be binding upon Supplier as a warranty or otherwise. Acceptance or acquiescence in the course of performance rendered pursuant hereto shall not be relevant to determine the meaning of this writing even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. No addition to or modification of any of the terms and condtions specified herein shall be binding upon Supplier unless made in writing and signed by a duly authorized representative of Supplier. The terms and conditions specified shall prevail notwithstanding any variance from the terms and conditions of any order or other form submitted by Buyer for the Products set forth on the face of this Agreement. To the extent that this writing may be treated as an acceptance of Buyer's prior offer, such acceptance is expressly made conditional on assent by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty (30) days notice. Pages ZOLL Medical Corporation ZOLL,, Section V- ZOLL Warranty & Technical Support Information ZOLL Medical Corporation provides technical assistance through our Technical Support Department. Should the ZOLL equipment require service, contact the Technical Support Department directly. Technical Support Hours of Coverage Technical Support is available to all ZOLL Customers free of charge through our Technical Support Help Desk by calling 1- 800-348-9011, Monday through Friday from 8:30 AM to 6:09 PM EST. The Technical Support Representative will require the following pertinent information to open a Service Request: • Unit Serial Number • Description of the complaint • Department where the equipment is being used • Patient information if applicable • ECG strips if available • Purchase Order number if the device is out of warranty This information will, assist us in performing a full evaluation when the product is, received at our Depot. You will be given an RMA number to track the return of your product. Ernergengy Service Outside the coverage identified above, Technical Support is available to all ZOLL Customers on an emergency basis 7 days a week. Emergency Support is available by calling 1-800-348-9011, option 8 to reach our off hours dispatch system. During weekends and evenings, our on call Technical Support Representative will return the call within 4 hours. Re once Time The Te,chnicail Support Help Desk answers support inquiries in real time. If the caller prefers to leave a voicemail, the tech support team will: return the call within I hour (during business hours). The caller will work with the Technical Support Representative to troubleshoot the issue. Technical Support Help Desk may dispatch a service loaner to your facility, A Service Loaner is available at no charge during the repair analysis process and is shipped to arrive before 10 AM the next business day. On -Site Service If the inquiry is not resolved during the phone call, a local fiend support technician may be dispatched. ZOLL On -Site is specifically designed for customers that require an on -site service plain. In addition to our standard free service, ZOLL On -Site provides the expertise of our factory trained ZOLL Field Support Technicians. 05111118 Terms Within 48 hours of contact to Technical Support, a Field Support Representative will be on -site during normal business hours to respond to the customer's needs. If the On -Site contract covers multiple devices, located in multiple stations, you must provide one or two primary centrally located stations. In the event of a device problem, the device should be made available to the ZOLL Field Support Technician during the scheduled on -site visit at one of the two centrally located stations. A primary and back-up contact must be provided to the ZOLL Field Support Technician for all communication. Only closed box repairs can be completed on -site (i.e. software updates, software reloading, handle replacement, external cable replacement). Service Provided by On -Site Service The following services will be provided by a ZOLL field technician during the scheduled on -site visit: • Troubleshoot device(s) and/or accessories under contract. • Place calls with the Technical Support Help Desk to open Service Requests and obtain a Return Authorization Number for devices requiring ZOLL Depot repair/evaluation. • Coordinate service loaner deployments with ZOLL's Technical Support Help Desk. • Functionally test and assist in the deployment of service loaners or customer devices, including: o loading custom device configurations; o attaching carrying cases/ bags; o attaching mounting brackets; o connecting accessories; and o establishing communications (pairing BT, Wi-Fi, etc...). • Perform authorized on -site device repairs as appropriate per ZOLL Repair Policies. • Package (or un-package) service loaners and customer units under contract for shipment to (or returned from) ZOLL. • Provide answers or guidance to assure that any issues or questions you or your staff may have are addressed. • Provide product training as required. • Perform device software updates with the permission of the customer. • Review battery chargers and battery management. Cycle batteries as required. 05111/18 Depot Repairs Repairs are performed in the Service Depot located at ZOLL Corporate in Chelmsford, MA. ZOLL Service Technicians are highly skilled individuals that are trained in accordance with the Technical Service Standard Operating Procedures. Training is required to be completed prior to evaluating and repairing any device. Technicians are also required to be trained on any updates to these procedures as they occur. Training requirements, procedures and records are retained electronically in the WILL Training System (ZTS) database. ZOLL is committed to providing the highest level of quality in the servicing of all ZOLL products. All repaired products go through an integral recertification process prior to being returned to you. This includes devices that undergo a repair or an evaluation which determines that a repair is not required, as the evaluation may include disassembly of the product. This process recertifies your device for clinical use. On -Site Service for Preventive Maintenance (Purchased separately) The Preventive Maintenance inspection of ZOLL manufactured devices must be purchased separately from the On -Site Service program. ZOLL recommends that Preventive Maintenance be performed on most devices (refer to the devices Operator's Manual). A Preventive Maintenance program through ZOLL verifies that your ZOLL defibrillators are operating to specification. Should the Preventive Maintenance service be purchased, a ZOLL factory trained PM and Deployment Technician will be scheduled to provide annual on -site preventive maintenance at one or two centrally located stations. A primary and back-up PM contact must be provided to the ZOLL Field Support Technician for all communication and scheduling. ZOLL will work with a PM Contact provided to coordinate the Preventive Maintenance. 05/11/18 I ZO L IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Summary This proposal for The City of South Bend, has been developed taking into consideration The City of South Bend procurement communities' unique needs and how ZOLL Medical Corporation's solutions will meet them. We believe the business relationship and partnership between ZOLL and The City of South Bend be longstanding and mutually beneficial. ZOLL is focused on improving patient outcomes with novel resuscitation and acute critical care technology. Our family of products offers the most integrated system of clinical solutions for EMS as well as complementary products and services to provide data integration and management. Since the founding of ZOLL in 1980, the company has been committed to developing and marketing cardiac resuscitation products with "leading -edge" technology. The ZOLL namc is synonymous with the market introduction of innovative, technically advanced cardiac resuscitation systems. Since our beginning, ZOLL products have embodied innovation and brought new capabilities to the market. ZOLL's CPR technology is unsurpassed. Over the last decade, the importance of high -quality CPR has become clear. Through our Real CPR HcIpCll�, CPR Dashboard"I, and See-Thru CPRO technologies, ZOLL gives rescuers the tools they need to strive to perform the highest quality of CPR recommended in the American Heart Association 2015 Guidelines. I Today ZOLL's product portfolio and customer base have greatly expanded. Hospitals, emergency medical services (EMS), and lay rescuers across the globe use ZOLL professional and automated external defibrillators every day to treat sudden cardiac arrest and improve outcomes. Our comprehensive product portfolio also includes the world's only wearable defibrillator; a revolutionary automated CPR system; rapid, highly efficient intravascular and surface temperature management systems for patients who require therapeutic cool ing or warming; and intrathoracic pressure regulation (IPR) therapy, which creates a vacuum inside the chest cavity that enhances circulation, increases blood pressure, and lowers intracranial pressure. In 2t115 our ResQCPRTm System became the first and only CPR device with an FDA -approved indication to "increase the: likelihood of survival in adults who have experienced non -traumatic cardiac arrest," Cardiac arrest victims treated with the ResQCPR System were 49% more likely to be alive one year after the event than patients treated with conventional manual CPR.2 We also offer a family of portable ventilators for environments ranging from the emergency department to military operations, and every care environment in between. At ZOLL we also feel strongly that we need to address data managernent and analysis. One of ZOLL's core principles is that if you can't measure something, you can't improve it. Our data offerings are unmatched. When the call first comes in, EMS systems use RescueNetO Navigator to get the crew to, the scene as quickly as possible. After the crisis has passed, RescueNet Code Review enables rescuers to see events as they occurred, providing the ECG, the vital signs, and the depth and rate of compressions for a post -event analysis. In all, we are focused on key areas that we believe make a ' real difference to our customers and their patients: investing in people and research, delivering innovative products, and helping our customers save lives that might otherwise be lost. Investments in research and development in our quest to continue delivering products that set new standards of care are above average for the industry and our spending in clinical research is unequalled. Our ongoing commitment is to being a consistent, stable, and reliable partner whom our customers, can count on to achieve meaningful business and clinical advances, ZOIIlllillf 1111 To that end, ZOLL. employs more than 4,000 employees to manufacture, market and sell products in more than 140 countries. Throughout ZOLL's first 30 years in business, the company has had consistent management, regularly ending each fiscal year with no debt and substantial assets. In 2012, ZOLL was acquired by the Asahi Kasei Group, part of Asahi Kasei Corporation, With operations in chemicals and fibers, homes and construction materials, electronics, and the healthcare business sectors, Tokyo -based Asahi Kasei has more than 30,000 employees worldwide and sales of $19 billion. ZOLL's commitment to our customers is paramount in everything we do. We recognize the unique challenges faced by each of the markets ZOLL serves and work with our customers to address their needs. Through ongoing research and development, intelligent engineering, and strategic acquisitions, we have pursued this goal for more than three decades by offering best -in -class, technically advanced products and by adding new capabilities. We believe ZOLL's proposal is comprehensive, and one that clearly addresses all of the critical elements of The City of South Bend's solicitation, We also believe that we have offered very compelling clinical reasons and financial incentives for The City of South Bend to include ZOLL in its award decision at this time. We are confident that ZOLL's clinically advanced technology would significantly improve clinical outcomes and that cost reductions in The City of South Bend procurement community could be achieved. ZOLL considers it a great privilege to have an opportunity of a business partnership with The City of South Bend and we are deeply committed to supplying excellent products and services to The City of South Bend procurement communities. Kronick SL, et al. Circulatiom 2015; 132(suppl 21:S397-S413. 2 ResQCPR System Summary ofSafcty and Effectiveness Data approved by F6od &Drug Administration2015. ZOLL Locations ZOLL - Chelmsford (Resuscitation Products) 269 Mill Road Chelmsford, MA 01824-4105 L.S.A. + 1 -978-421-9655 Telephone, extension 9361 +1-978-421-0025 Fax website: www.zol�.com ............... . ............. ZOLL - Broomfield (Data Management Products) 11802 Ridge Parkway, Suite 400 Broomfield, CO 80021 U.S.A. 1-800-474-4489 US/Canada 1-800-663-3911 Customer Service 1-303-801-0001 Fax ZOLL — Minneapolis (IPR Therapy) 1905 West County Road C Roseville, NfN 55113 U,&A, + 1-651-403-5600 zolm + 1-651-403-5637 web,site: www.zolLeoni ZOLL - Pawtucket (Bio-Detek Incorporated) 525 Narragansett Park Drive Pawtucket, RI 02861-4323 401-729-1400 Telephone ZOLL - Pittsburgh (LifeVest") 121 Gamma Drive Pittsburgh, PA 15238 U.S.A. 800-543-3267'1'elephone email: ffevest,ii4b I ----- 1 --CpILI! ZOLL -'San Jose (Circulation Products) 2000 Ringwood Ave. San Jose, CA 95131 408-541-2140 Telephone Financial Information ZOLL Medical Corporation (ZOLL) is a wholly owned subsidiary of Asahi Kasei Corporation (AK-), which is publicly traded on the Tokyo Stock exchange, Access to the complete AK Financials is available at the follow website, 7l-,",_3L�g t i�i�/tq�:��asaiiilkase�laiiritia�,f�'e rV 2016. ZOLL operations are reflected in these -,,�—". financial statements. As a subsidiary of a publicly traded corporation, ZOLL's individual financial statements are reviewed by PWC, a big four accounting firm, but its separate financial statements aren't required to be certified, The documents ZOLL has provided in a separate envelope are the Certified Balance Sheet, Income Statement and Statement of Cash Flows of AK for your easy reference. ZOLL's on a separate company basis had revenue exceeding $1 billion in each of the last two years and has made positive contributions to AK's profits each year.