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Item C02
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16, 2011 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person Camille Dubroff AGENDA ITEM WORDING: Approval to purchase a fully portable video laryngoscope which is battery operated and fully self contained for use on the Trauma Star helicopter and approval to issue a purchase order to sole source distributor Karl Storz Endoscopy - American, Inc. for same. ITEM BACKGROUND: The information attached includes the specification and price quote for a fully portable video laryngoscope that meets the needs of Monroe County Trauma Star. This instrument allows for greater success in endotracheal intubations within the confines of the Trauma helicopter. Karl Storz Endoscopy - American, Inc. is the sole source distributor of this C -Mac product. The distribution of the product is not made available thru any other organization in the U.S. marketplace. PREVIOUS RELEVANT BOCC ACTION: The purchase of this piece of equipment was approved by the Board in the 2011 budget process. CONTRACT /AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: After a detailed review of the factors listed herein it is the recommendations of staff that this agenda item is approved as written. TOTAL COST: $13,180.00 INDIRECT COST: NIA BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE N/A COST TO COUNTY: $13,180.00 SOURCE OF FUNDS: 11001 -560 -640 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty NIA OMB /Purchasing NIA Risk Management NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 07109 Organization Code Expenditure Detail Item Budget grouped by Organization Code, Account Object Monroe County Board of Count Commissioners Fiscal Year 2011 Sz-_ -ic r Y 2011 FY 2012 x-`12013 F r Z) V F>' 2015 E::Pa- ,1di%uIe Oc lail Item oascriptian Le e' Issue rwuc;aet Budge! Bud e °�'. = EtrdgGt EUdgei ( _ 91001 Emer Hied Air Trail s � . . 530540 Books,pubs,subs,educ,mem. 2,507,048 2,546,245 2,579,657 0 11001 Em_ ergency Med Air Trans 11500 Fire & Rescue Central 530540 Books,pubs,subs,educ,mem. 510120 Regular Salaries & Wages 01) Airway Class 1 Notes: For Flight Medics and Nurses 3,800 3,800 3,800 0 0 02) Emergency Training Solutions, Inc. (E €SI) 1 510120 Regular Salaries & Wages Notes: Online training continuing education, 12 x $39.00 468 468 468 0 0 03) Educational Seminars Registration 1 350 350 350 Notes: Allow for two educational seminars. 2,640 2,640 Notes: This benefit is paid quarterly in compliance with Section 633 Florida Statutes, to firefighters who possess 2,640 an eligibte Associaie or 0 0 0 534540 Baoks,pu6s,subs,educ,mcm 4,618 4,618 4,618 0 Fire Marshal, Bureau of Fire Standards and Training quarterly, and funds are deposited into a general revenue account. The following firefighters receive this benefit: Jared Shapiro $330 quarterly or $1,320 0 11001 Emergency Med Air Trans 4,618 4,618 4,618 0 0 530540 Bocks,pubs,subs,educ,mem. 4,618 4,618 4,618 0 0 560640 Capital Outlay- equipment 11001 Emer enc Med Air Trans Notes: Ryan Johnson 10 years = $175; Manny Leon 10 years = $175. 350 350 350 560640 Capital Outlay- equipment 0 ESFRS063 - %3 - SAUNDERS, MICHAEL 1 1,652 1,701 01) Baby Pod 11 1 0 ESFRS063 - Salary - SAUNDERS, MICHAEL 1 Notes: To be used for infant transports. Price includes mounting adaptor. 10,000 10,000 10,000 0 0 02) Video Laryngoscope 1 14,000 14,000 14,000 0 - 0 Notes: This instrument allows for greater success in intubations within confines of helicopter. 1,487 1,609 0 03) Flight Helmets 1 Notes: Lightweight helmets needed for full time crew, to 13,200 13,200 13,200 0 0 replace old worn out ones, 6 @ $2,20 each. ESFRS065 - %3 - BURGESS, GARY 1 45,808 49,564 560640 Capital Outlay - equipment 37,200 37,200 37,200 0 0 11001 Emergency Med Air Trans 3 7,200 3 7,200 3 7, 2 00 0 0 560640 Capital outlay - equipment 37,200 37,200 37,200 0 0 11001 Emergency Med Air Trans 2,507,048 2,546,245 2,579,657 0 0 11500 Fire & Rescue Central 510120 Regular Salaries & Wages 11500 Fire & Rescue Central 510120 Regular Salaries & Wages 01) Firefighter Supplemental Compensation 1 2,640 2,640 Notes: This benefit is paid quarterly in compliance with Section 633 Florida Statutes, to firefighters who possess 2,640 an eligibte Associaie or 0 0 Bachelor's Degree. Monroe County is reimbursed for this expense by the State of Florida, Department of Financial Services, State Fire Marshal, Bureau of Fire Standards and Training quarterly, and funds are deposited into a general revenue account. The following firefighters receive this benefit: Jared Shapiro $330 quarterly or $1,320 annually; Brandon Hollywood $330 quarterly or $1,320 annually. 02) Years of Service Award Benefit 1 Notes: Ryan Johnson 10 years = $175; Manny Leon 10 years = $175. 350 350 350 0 0 ESFRS063 - %3 - SAUNDERS, MICHAEL 1 1,652 1,701 1,752 0 ESFRS063 - Salary - SAUNDERS, MICHAEL 1 0 ESFRS064 - %3 - MANASH, MICHAEL 1 55,057 56,708 58,409 0 0 ESFRS064 - %5.2 - MANASH, MICHAEL 1 1,374 1,487 1,609 0 0 ESFRS064 - Salary - MANASH, MICHAEL 1 2,382 2,577 2,789 0 0 ESFRS065 - %3 - BURGESS, GARY 1 45,808 49,564 53,629 0 0 ESFRS065 - Salary - BURGESS, GARY 1 1,734 1,786 1,840 0 0 ESFRS067 - %3 - PEREZ -DIAZ, FRANCISCO 1 57,809 59,544 61,330 0 0 _.,. ESFRS067 - %5.2 - PEREZ -DIAZ, FRANCISCO" 1 1,268 1,371 1,484 0 0 ESFRS067 -Salary - PEREZ -DIAZ, FRANCISCO 1 2,197 2,377 2,572 0 0 ESFR8069 - %3 - SHAPIRO, JARED 1 42,251 45,715 49,464 0 0 ESFRS069 - %5.2 - SHAPIRO, JARED 1 1,268 1,371 1,484 0 0 ESFRS069 - Salary - SHAPIRO, JARED 1 2,197 2,377 2,572 0 0 ESFRS070 - %3 - EDGERTON, MICHAEL 1 42,251 45,715 49,464 0 0 ESFRS070 - %5.2 - EDGERTON, MICHAEL 1 1,596 1,727 1,869 0 0 ESFRS070 - Salary - EDGERTON, MICHAEL 1 2,767 2,994 3,239 0 0 ESFRS073 - %3 - LEON, MANUEL 1 53,207 57,570 62,291 0 0 ESFRS073 - %5.2 - LEON, MANUEL 1 1,618 1,750 1,894 0 0 2,804 3,034 3,283 0 0 GovMax V5 6 10/1/2010 STOW, Karl Storz Endascapy Karl Storz Endoscopy- America, Inc. 2151 E. Grand Avenue Toll Free 800 421 0837 X 8711 El Segundo, California 90245 -5017 Cell 310 995 5301 Phone 424 218 5301 Michael Lyman Director Marketing Airway Management, Anesthesiology & Emergency Medicine To: Chris Musser From: Michael Lyman — Director Marketing Date: January 6, 2011 Re: Sole Source Distributor — Karl Storz C -Mac© Video Laryngoscope Products Thank you for the opportunity to provide you with attached quote for Karl Storz Endoscopy C -Mac® Video Laryngoscope Products. Karl Storz Endoscopy- America, Inc. is the sole distributor of C -Mac© product. Karl Storz Endoscopy - America, Inc is a solely owned distributor for Karl Storz products manufacturing. The distribution of the product (C -Mac) is not made available thru any other organization in the U. S. marketplace. The C -Mac is developed and manufactured by Karl Storz GmbH & Co. KG, Tuttlingen, Germany. Again, thank you for this opportunity and if you should have any further questions please contact your local rep Gilbert Batista or myself directly. Regards, Michael Lyman Director of Marketing ST017 C -MAC video laryngoscope KARL STORZ — ENDOSKOPE PRODUCT OVERVIEW C -MAC description • A fully portable video laryngoscope which is battery - operated and fully self contained. It can be utilized on a pole stand or carried for emergency and remote use. • Our First CMOS endoscope represents a modular design which offers a platform for future product development. • A system includes a monitor, an electronic module and video blades. Specifications • The C -MACTM video laryngoscope system is comprised of a high resolution_ LCD monitor, electronic connecting (ECM) module for multi -blade use, a variety of laryngeal intubation blades, a monitor mounting stand and portable carry bag for emergency transport. • LCD Monitor: Key features include 800x480px resolution powered by a Li-Ion battery with 2 hours useful life between charges, with rechargeable connector. The LCD monitor is housed in a sealed and shock proof ABS housing with an IP41 water resistance rating. Includes manual brightness control, still image and video capture using a standard SD memory card. • Electronic Module: The EC Module allows interconnectivity between the LCD monitor and rigid laryngoscope blades and future CMOS drive devices such as flexible endoscopes, and other endoscopic equipment. • C -MACTM laryngoscope blades: C -MACTM laryngoscope blades are made of high grade stainless steel for long useful life and incorporate a high quality CMOS distal chip for visualization. The shapes of the blades are designed for low profile entry and offer a wide 80° field of view for better visual control. C -MACTM laryngoscope blades are immersible and sterilizable • Pole Stand and C- MAC bag: The same C -MACTM system can be mounted for mobile use on a rolling stand using a GCX proprietary clamp or placed in a protective carry bag for emergency use. The rolling stand is provided with a basket to keep supplies. The bag is a water resistant sealed carry bag providing storage for two C -MACTM blades, EC module, and LCD monitor. The bag offers a clear front window so that the monitor is protected against rain, dust, and inclement conditions. The weight of the system is <3.31 bs and can be used for EMS, military, or air rescue. Technical Specifications page I Key features ST017 C -MAC video laryngoscope KARL STO — END S OPE Key features • 7" LCD display monitor with 800 x 480 pixel resolution • 80° field of view • 60° angle of view • Familiar blade shapes • Low profile blades • LED illumination- bright white light • Stainless steel (vs. plastic) blades for increased durability • Battery powered for two hours of constant use • Anti -fog function: LED heats up distal lens after having monitor turned "on" for a few minutes • Meets highest level of disinfection (HLD) standards • Image capture and video recording capabilities for documentation Unique features compared to competition ➢ Durable Stainless Steel blades — enhanced durability versus competitor plastic blades ➢ Standard MACINTOSH shaped blades C -MAC is the only portable video laryngoscope that comes with standard MACINTOSH shaped blades, which means that physicians have minimal learning curve ➢ The C -MAC monitor has future potential to be used with flexible and rigid intubation endoscopes 4 family system integration (Competitors have limited future capabilities) ➢ 80° field of view Special lens is positioned in front of the distal chip to achieve a greater field of view which facilitates ET tube placement ➢ 60 angle of view This enables visualization of anterior airways ➢ 50.000 lux of LED white light A high power LED is used at the distal end of the laryngoscope, therefore the light is brighter compared to the competition. Lifetime of the LED is about 50.000 hours of constant use. ➢ Manual Adjustment oMrightness from 0% to 100% vs. competitors that have no or limited adjustment possibilities ➢ Built -in Image and Video Capturing on SD memory card with time stamp Allows clinicians to recall images of cases for various reasons (eg. patient file) Technical Specifications page 2 Key features MONROE COUNTY BUDGET & FINANCE DIVISION PURCHASING OFFICE To: Purchasing Office From: Fire Rescue Name: Chief Chris Musser Phone/Ext: 3050797 -8498 Ship to Location: Date: 12/27/2010 Approved By: Acct. #: Grant/Project #: Qty. Unit Prod.# Description Unit Cost Total Cost Acct. # I 8401AXC -BXC- BAG -KT 9,500.00 9,500.00 C -MAC VIDEO LARYNGOSCOPE KIT, #3 + #4 BLADE,MONITOR, ELEC IMAGING MODULE + BAG * Manufacturer's Warrant - 2 years 4 8401YZ CMMAC CLEANING CAP FOR 20.00 80.00 CMAC LARYNGOSCOPE AND ELECTRONIC MODULE, REUSEABLE 4 : Manufacturer's Warrant - 1 year 1 8401HX DOERGES DIFFICULT AIRWAY 3,600.00 3,600.00 BLADE FOR C -MAC VIDEO LARYNGOSCOPES, WICHNL F /SUCTN TUBE Manufacturer's Warrant - 2 years Total 1 13,180.00 I Items needed by: Vendor Name: KARL STORZ Endoscopy America, Inc. Vendor Number �� g Remarks/Recommendations: Il ^ Administrative Instructions: Reviewed ( ) By: Purchasing Office use only: Reviewed ( ) By: O.M.B. Farm AICP #3 Revised 10118M Date: Date: ST017 KARL STOPZ— EN1D05KOPE KARL STORZ Endoscopy- America, Inc. 2151 E. Grand Avenue EI Segundo, CA 90245 US Quotation Quote Expires on Document Date Sales Rep Name Sales Rep Ext Sales Rep Email Sales Rep Cell 03/31/2011 12/21/2010 Gilbert Batista 6252 GBATISTA @Ksea.com 954- 214 -0337 Details for Quotation # 40299066 Page of 2 Customer Additional Final List Selling One -time Unit Extended Line Material 1 Description Qty Price Price Discount Price Price STRONG GLIDESCOPE AND MCGRATH COMPETITK N. 1 8401AXC -BXC- BAG -KT 1 15,360.00 13,128.00 3,628.00 9,500.00 9,500.00 C -MAC VIDEO LARYNGOSCOPE KIT, #3 + #4 BLADE,MONITOR, ELEC IMAGING MODULE+ BAG " Manufacturer's Warranty - 2 years 2 8401YZ 4 90.00 70.00 200.00 20.00 80A0 C -MAC CLEANING CAP FOR CMAC LARYNGOSCOPE AND ELECTRONIC MODULE, REUSEABLE " Manufacturer's Warranty - 1 year 3 8401HX 1 5,300.00 4,500.00 900.00 3,600.00 3,600.00 DOERGES DIFFICULT AIRWAY BLADE FOR C -MAC VIDEO LARYNGOSCOPES, WICHNL FISUCTN TUBE " Manufacturer's Warranty - 2 years List Price 21,020.00 Sell Price Discount -3,112.00 Sell Price Subtotal --------------- - ---- 17,908.00 One -time Discount -4,728.00 Quote Total --------------- - - - -- 13,180.00 This is not a customary discount, there are special circumstances which justify the volume or special d scount herein. Phone: 424 -218 -8100 800- 421 -0837 Fax: 800- 321 -1304 C CHTUNTUSSER L is N GilbertBatistaE GBATISTAr kseacom K. 5010 Atfentt ©n CHIEF MUSSER ST KARL STORZ Endoscopy- America, Inc. Phone: 424 - 218 -8100 2151 E. Grand Avenue 800 - 421 -0837 KARL STORZ—ENDOSKOPE El Segundo, CA 90245 Fax: 800- 321 -1304 US Quotation No. 402 99000 W29 Line I Material t Description I accept the terms and conditions of this quotation. Signed Name: Title: Phone: Date: Sales Tax: Sales tax will be added to the invoice total u exemption certificate on file for the "Ship -to" entity. Freight: The freight charge will be calculated during the and will be included on the invoice. .-mss Customer Additional Final List Selling One -time Unit Extended Qty Price Price Discount Price Price we an nen� process C: CHIEF MUSSER L F N. Gilbert Batista E: GBATISTA8ksea,com K 50 10 KARL S TORZ ENDOSCOPY- AMERICA, INC. �T��Z.r TERMS AND CONDITIONS 1. ORDERS. Orders are to be placed with the Customer Support Department of Kart Storz Endoseapy- Amerce. Inc. ('KSEA'} or with its sales force. However, orders will only be accepted by KSEA's Customer Support Department In El Segundo, California and only on the condition that In the event of anyconlliding, inwnsistent andlor additional provisions in a customer purchase order, Menfthin Terms and Conditions will supersede and prevail and such conffichra3, inconsistent andlor add donel provisiorrs shall be of no force or effect, By accepting delivery of products, andlor the performance of services, from KSEA, andlor by paying for same, Customer agrees that nolwthstandelg anything to the contrary in Customers own purchase order, Customer accepts and agrees to the within Terms and Condlhons, alt of which constitute the sole and entire Agreement of KSEAand Customer. unless and to the extent modified andlorsuperseded by an agreement in writing signed by halt Customer and an aulhorized representative of KSEA 2. PRICES. Pries are subject to change without notice. Nevertheless, prices in effect at the time that an order Is accepted will prevail. Wriuen quotations are val:d for 60 days untess otihenvlse specified. All applicable taxes, as wall as shipping andlor handling charges, will be, added to the invoice, KSEA reports all discounts in accordance with 42 CFR §1001.552(h). 3. TERMS. Shipments are F.O.B. shipping point, height prepaid by KSEA and added to the tmoice. Unless modified In writing, invoices are due and payable Upon receipt; net 30 days. A finance charge may be assessed on al unpaid balanees over 30 days equal ro one and oni percent (1.1n %) per month or the maximum amount allowed by law, whichever is toss Any and all ollaclion expensesi including reasonable attorneys fees, which are incurred by KSEA to secure payment of any sums due from Customer soldier to e€fectuate repossession of products purchased from KSEA, but not paid for, vra be hone by Customer. All controversies, disputes arid Claims. shall be adjudicated by a count of competent jurisdiction within the County of Los Angeles, State of California or the United Slates District Coed. Central District of California, which courts shaft have exclusive jurisdiction of such matters . All transactions by and between Customer and KSEA shag be gosamed by and construed in accordance with the #awe of the Slate of California. The invalidity or ununforceatulit of any of the within Teams and Condi will not effect the validity or enforceability of any other or remaining Turn or Condition hereof, The Will Terms and Conditions appEy 10 products that are supplied to Customer as samples or loans from KSEA.. Amounts payable to KSFA for the purchase, lease, or real of products andlor sarvn:es me not sub;ecl to withholding. setoff, or counterclaim under any circumstances without poor written mnsenlof KSEA 4. SECURITY INTEREST, Until Customer has paid KSEA in full for all products purchased pursuant to an order. KSEA shall have. and Customer hereby grants to KSEA, a security interest in at products purchased, pursuant to Such order, and in all proceeds therefrom fracturing that which Customer receives as payment from an insurer or third party for or as a result of any damage to or loss of said products), It, secure payment of the entire purchase price forall products sold, shipped and delivered to Customer pursuant to such order. and to secure all costs, expenses or other charges relating thereto which are payable by Customer to KSEA. Customer is required to execute and deliver such documents, as required and requested by KSEA. to perfect KSEAS sacurily tnterest(s) and Customer authorizes KSEA to prepare, execute, deliver. Oda andror record, on behalf of Customer, any and all documents that are required, necessary andfor appropriate to protect, preserve andlor enforce KSFA's security intones!(sj in the products sold, shipped and delivered to Custoer punsuMl.10 Such order. 5. SHIPPING. Although Kart Start products are carefully packed to minimize in•bansil damage, all shipments should he carefully examined upon receipt and if a product is damaged. Cuslomermusl document the nature and extent of the damage and immediately contact KSEA, If concealed loss or damage is discovered. Customer must retain all packing materials and immediately notify KSEA, requesting an inspection. 0 shipments are received short Customer vest reflect K5EA'a Customer Support Cetarrha t at once. KSEA reserves the right to make partial shipments on any Order invoices for partial shipments are payable upon receipt. KSEA is not liable for any damages caused by or attributable to delays andyornun -delivery due to any cause whatsoever G. RETURN POLICY. A return merchandise authorization (RMA) must be obtained from KSEA's Customer Support Department prior lea retuning any products. When phoning or writing KSEA, feral RfrlA, the Customer Support Representative must be provided wilht (1) Customer name and number, as it appears on the invoice; (2) the telephone number and the person to contact (3) the applil P.O. number, (4) the Kart Storz catalog number and, if applicable, the serial number for each product; and, (5) gm reason for the return - KSEA reserves the right to refuse or return any products sent back to KSEA. Whom prior aulhortzar iori of its Customer Support Department. Returns must be carefully packed and shipped pre -paid to KSEA, attn: RMA number. KSEA's Customer Support Department will provide the return address and the RMA number. Li'hen rehxning products, Custumorshauid include a copy of the original invoice or packing slip 10 ensure prompt issuing of cradiL Fug credil will only be issued for products Thal are returned within 30 days of invoice data and so long as such items are unused, in resalable condition and in their original product conlainer. At products returned aller 30 days from the dale of invoice are subject to a 15% restocking tee. Shipping charges will be reimbursed, restucking fees Minot be charged and full credit will be given d the return was due to an error on the pad of KSEA. The following products may not be returned forcredil or exchanged: (1) products held longer than 2 0 days from invoice date; (2) sterile packaged produols where the package is opened andfor damaged; (3) discontinued products; (4) instruments that are etched or engraved by Customer, (5) products dainaged by the Customer, (6) products purchased 'as W or as dorm products; and, f7) used products. In order to prevent the transmission cf disease to the medical facil €bes' andfor KSFA's personnel, alt products must be cleaned and then sterilized andlar disinfoted Were sending such products back to KSFA. who reserves the rlght to return unclean and contaminated products to" Customer Additionally, if any product becomes damaged and is not immediately returned, KSEA assumes no responsibility of liability for Customers continued use of that damaged product. KSEA does not guaranlee the performance, and may decline to repair or accept for repavfexcrange, any product that has been repaired, modified arl altered by any person or enti other than KSEA or an authorized repair facilily of KSEA. 7. REPAIR PROGRAM. If repairs become necessary, for other than damages incurred during initial shipment, the Customer must faklew the RMA procedure set forth in the 'Return Policy in Section 6, above. Warranty repairs will be nude without charge (sea 'Warranty Policy.` section S below, for covered repairs). All other repairs are subject to KSEA's applicable standard repair or exchange charges. 11 requested, Customer will be advised of the estimated cast of the repair work or a product exchange before it is underiaken. All repairs carry a 90 day warranty. Exchange products carry the applicable Kad Slore product womanly. If the damaged product is not returned within thirty (30) days of eceipl of the replacement product, Customer will be invoiced for the full Hsl price of the replacement. KSEA reserves the right to toluse or relum any product sent back without poor authorization of KSEA's Cuslomar Support Deparill S. WARRANTY POLICY. Except as otherwise provided herein andlor by the applicable warranty information fora specific prodtctor type of product. alt Karl Serz•branded products are generally warranted to be in goad working order at the date of delivery and bee from defects in worlkmanship and materials for one (1) year from dale of delivery - However, sloe some products carry a shorter or a longer warranty period, Customer should check with KSENS Customer Support Department or product specific filerellure, insimctian manual andlor labeling for the exact warranty period. Any such product {s) with a defect occurring during the applicable warranty period wig be promptly replaced or, at the sofa d&letion of KSEA, repaired at nocharge to Customer. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED ANDIOR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS ANDIOR OF SUITABILITY FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALL KARL STORZ PRODUCTS OR SERVICES. ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS ANDIOR GUARANTEES, OF ANY TYPE, NATURE OR EXTENT, BE IT IMPLIED, EXPRESS AND10R WHETHER ARISING UNDER OR AS A RESULT OF ANY STATUTE, LAW, COMMERCIAL USAGE, CUSTOM, TRADE OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. Any contrary course of performance by and behvean the parties will not modify any representabos andfor warrant set forth herein. KSEA neater assumes nor authorizes any person to assume for it any other liabilities in conjunction with andlor related to the sale andlor use of its products. To ensure proper use, handling and care of Karl Sill products, Customer should consult the product speahe fiteralare, instruction manual( andlor labeling included with the product or otherwise available. Repairs, mod'itioations or alterations of Karl Slorz products, perforrnad by any person or eal ly, other than by KSEA or an authorized repair Willy of KSEA, nullifies and otherwise voids all applicable Kad Storz warranties. Repair or replacement of a Karl Slorz product shall not extend the term of any applicable warranty The remedies provided herein are Customers exclusive remedies underthis Warranty Policy. 9. LIMITATION OF LIABILITY. KSEA is rot liable, directly or by way of indemnity, erhaer expressly or impliedly, for ( any damages which might airseor be caused, wheberby the Customer entry any afire users of the products provided by KSEA, as a result of, in connection vAth, or otherwise attributable IT (a) misuse, abuse, mishandling andlor improper operation andlor storage; (b) repairs, sermcing, modifications ar for alterations perlorrned by any person or entity, other than KSEA, or an authorized repair fit lift' of KSFA; (c) use in conatiinatiom with adaptors, accessories andlor equipment from other manufacturers unless authorized or recommended by KSEAor, (d) use in any mannerother than those forwhich such products are designed and are otherwise intended bbeused; and, (2) anyspecial, incidental, consequential, puni enaripslary or indirect damages, Including but not limited to aleged damages for delayed shipment, nondelivery, product failure, productdesign or produci inability to use such products or services, loss of future business (lost profits), or from anyother cause, whatsoever, in connection with or arising from the purchase, sale, lease, rental, installalfan or use of such Kad Sam products, even if Cuslorni has been advsed of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATIONS Al EXCLUSIONS, SET FORTH IN THESE TERMS AND CONDITIONS, MAY NOT APPLY, IN THAT EVENT, KSEA'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THE SUBJECT JURISDICTION. 10 SOFTWARE OWNERSHIP AND LICENSING Wth respect W prodrrcls provided by KARL STORZ and containing software components. Customer is granted a non-exclusive, limited, non - transferable license (the'License') to use the programmed logic, computer progre ndw software, including software developed hym on boleti KARL STORZ (`KARL STORZ Sot(wia lar rel anc software developed by or on behalf of J a third party ('Third Party Sofivai [colleclirefy,'Softwere") embedded in, or far use in conjunction with, such products, internally, but only in the form in which delivered to Customer and for the sole purpose of operating in accordance with KARL STORE written instructions for the products provided to Customer (and for no other product or purpose)• The Software, and all modifications, enhancements and upgrades thereto, w at all times, remain the property of KARL STORZ or the applicable third party. Customer may not dui copy, reverse - engineer, de- compile. or disassemble he Software or in any way modify the Software. Customer has no right to, and may not create derivatives of the Software, and Customer may nal attempt to copy, create or recreate the sourcacode of the Software. Any and all such modifications or enhancements to the Software by Customer, fn contravention of this license, will immediately becorre the sole property of KARL STORE Customer hereby acknowledges and agrees that i the purchase, lease or other acquisition of products does not constitute a transfer of One Software, (a) the Software is the property of KARL STORZ or the appeal third party, (iii) Customer neither owns no acciti any interest In any copyright, patent or other Intellectual property right In or to the Software as a result of such purchase, lease or olheracquisition of products, IN) KARL STORZ, or the applicable Ihrrd party, retains and owns all right htle, and interest in and to the Software and the ownership rights Iherein, at all times, regardless of the farm or media in or on which the original or ether copies of the Software may exist and (v) by using the products. Customer is subect lo, and is bound by, the team of any separate third license agreement relating to the Third Party Solhware. In the event of a failure of Customer or its agents, employees or representatives, to comply with any terms and conditions of the License herein granted, the License will, without any fuller action byK.ARL STORZ or anyother party, Immediately end and terminate. KARL STaRz ENO0SC0PV- AMERICA, INC PtDOD03 &6.D (02110) Dubroff - Camille From: Victores - Carlos Sent: Thursday, January 06, 2011 19:44 AM To: Dubroff - Camille Subject: RE: Sole Source Question Looks like you all have covered everything that is required. This should be sufficient for the boards approval. Cawlae Viceal-es Pa)-c%asilr , / Ila ffaee,- Naf(l`a2 eoul( Ao c 7700 JlHrafeal( Jt I mly 7-273 P/a1(c; 305-292-4466 fax; 305 - 292 -4465 From: Dubroff- Camille Sent: Thursday, January 06, 2011 11:33 AM To: Victores - Carlos Cc: musser -chris Subject: Sale Source Question Carlos, We are in the process of trying to purchase a fully portable video laryngoscope that is battery operated and fully self contained to use on Trauma Star. Battalion Chief of EMS Chris Musser has reviewed many different products and Kariz Storz Endoscopy is the only company that has the specifications that meets the trauma helicopter needs. The total cost for the 3 items that we need is $13,180.00 therefore it is required that we need two or more written quotes. BC Musser has acquired a sole source letter from Karl Storz Endocsopy to show they are the only place we can purchase this particular laryngoscope, as they aSq the sole distributor. have attached the specifications that we require, the sole source letter, the signed RTP and the quote. I wanted you to review to see if this is sufficient to place before the BOCC for purchase or if you need to research for more quotes. If you should need more specific information on the product you can email BC Musser directly since he is in the know of things. Let me know how I should proceed.