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HomeMy WebLinkAbout11 - Cardiac Monitors - Amended AgreementOctober 28, 2014 Agenda Item No. 11 PURCHASE AGREEMENT FOR SEVENTEEN (17) NEW AND UNUSED CARDIAC MONITORS FROM ZOLL MEDICAL CORPORATION This Purchase Agreement ( "Agreement') is entered into as of this 1st day of November, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ZOLL MEDICAL CORPORATION, a Massachusetts corporation ( "Vendor "), whose principal place of business is 269 Mill Road, Chelmsford, Massachusetts 01824. RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires seventeen (17) new and unused X Series Manual Monitors /Defibrillators, their new and unused accessories, advanced options, technical support, on -site service, and maintenance ( "Equipment') as further described in the Quotation 174123 V:5, as incorporated herein by this reference and as set forth in Exhibit A, which is attached hereto. C. Vendor has carefully reviewed and evaluated the specifications set forth by the City for the Equipment and has committed to deliver the Equipment required for the price specified in this Agreement. D. City has solicited and received a proposal from Vendor's agent, has evaluated the expertise of Vendor, and desires to submit an order for the Equipment under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants, and other terms and conditions as set forth herein, Vendor and City (each a "Party" and together the 'Parties ") agree as follows: 1. TERM The Term of this Agreement shall commence on the Effective Date and shall terminate on November 1. 2015 unless terminated earlier as set forth herein. 2. COMPENSATION 2.1 The purchase price for Equipment, including all sales taxes and shipping costs, shall not exceed Four Hundred Nine Thousand Five Hundred Eleven and 44/100 Dollars ($409,511.44) ('Purchase Price "). Zoll Medical Corporation Page 1