HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-037TR11783
March 8, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- .�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO PURCHASE A MULTI-
YEAR TECHNICAL SERVICE SUPPORT AGREEMENT FOR
OUR LIFEPAK 15 CARDIAC DEFIBRILLATORS AND
MONITORS AT A TOTAL FIVE-YEAR AGREEMENT COST
NOT TO EXCEED $27,500; AND TO RENEW THE EXISTING
ANNUAL SERVICE SUPPORT AGREEMENT FOR OUR
LIFEPAK 12 CARDIAC DEFIBRILLATORS AND MONITORS
FROM PHYSIO-CONTROL, A DIVISION OF MEDTRONIC,
INC., A SOLE SOURCE PROVIDER, FOR A TOTAL COST
NOT TO EXCEED $13,943.60 IN FY-10; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida mandates a Cardiac Defibrillator/Monitor on every
licensed Advanced Life Support (ALS) vehicle; and
WHEREAS, Cardiac Defibrillator/Monitors on City of Tamarac Fire Rescue ALS
vehicles requires on -going preventative service to maintain the Department's emergency
and operational readiness; and
WHEREAS, the City of Tamarac Fire Rescue Department wishes to purchase a five-
year technical service agreement for our LifePak 15 (LP15) Cardiac Defibrillators and
Monitors from Physio-Control, a division of Medtronic, Inc. at a total cost not to exceed
$27,500 over a five-year period (quote attached hereto as Exhibit A); and
WHEREAS, the City of Tamarac Fire Rescue Department wishes to renew the
existing annual technical service agreement for our LifePak 12 (LP12) Cardiac
Defibrillators and Monitors from Physio-Control, a division of Medtronic, Inc. at a total
annual cost not to exceed $8,724 (quote attached hereto as Exhibit B); and
WHEREAS, the City of Tamarac has standardized on LifePaks from Physio-Control
to ensure interoperability and continuity of care; and
WHEREAS, Physio-Control, a division of Medtronic, Inc. does not utilize a technical
TR11783
March 8, 2010
Page 2
service network, and maintains products directly; and
WHEREAS, funding for the Cardiac Defibrillators and Monitors has been provided
for in the FY10 budget; and
WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend
purchasing the five-year LP15 technical service agreement and renewing the annual
LP12 service agreement from Physio-Control, a division of Medtronic, Inc. in an amount
not to exceed $13,943.60 in FY10; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to purchase the five-
year LP15 technical service agreement from Physio-Control, a division of Medtronic, Inc. at
a total cost not to exceed $27,500 over a five-year period, and to renew the existing annual
LP12 service agreement from Physio-Control, a division of Medtronic, Inc. in an amount
not to exceed $8,724 for a total amount of $13,943.60 in FY10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are expressly incorporated herein and made a
part hereof.
SECTION 2: The appropriate City officials are hereby authorized to purchase a five-
year LP15 technical service agreement and to renew the existing annual LP12 service
agreement from Physio-Control, a division of Medtronic, Inc in the amount not to exceed
$13,943.60 in FY10 (quotes attached hereto as Exhibits A and B).
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
1
TR11783
March 8, 2010
Page 3
SECTION 4: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA this day of iZJM , 2010.
%MARION SWENSM CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAM EL S. GOREN
fly ATTORNEY
1
Wplrl
BETH TALABISCO, MAYOR
Record of COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM BUSHNELL_ t
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER !
DIST 4: VM DRESSLER E/
dr
TECHNICAL SERVICE SUPPORT AGREEMENT
Contract Number:
End User # 10308205
CITY OF TAMARAC FIRE RESCUE
6000 HIATUS ROAD
TAMARAC, FL 33321
Bill To # 10308205
CITY OF TAMARAC FIRE RESCUE
6000 HIATUS ROAD
TAMARAC, FL 33321
This Technical Service Support Agreement begins on 8/2/2009 and expires on 8/1/2014.
The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement
is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached.
If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service
Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade
Service Terms and Conditions, rev 7/99-1.
Price of coverage specified on Schedule A is $26,098.00 per term, payable in Annual installments.
Special Terms
Contract is payable in five yearly payments of approximately 5219.60
contract yearly payment is not to exceed 5500.00 per year.
Contract pricing may be changed if new equipment is to be added.
Contract also includes maintenance on five battery chargers.
10% DISCOUNT ON ACCESSORIES
Accepted: Physio-Control, Inc.
Customer: '5;'
By: BX
Title: C� �� l� � C' G Print: �8 �',�D�-U ,L.qi LL f&
Date: -2 e 2- d j Title: In i
Date: L%
Territory Rep: EAVV63
Logozzo, Darren
Phone: 800-442-1142 x2743
FAX: 800-772-3340
APPROVEAPPROVEP AS TO LEGAL FORM
Yad L
OFFIOFTHWTYATTORNEY
DATED: - �( �l
Purchase Order Number:
Customer Contact:
Chieffom Sheridan
Phone: 954-597-3800
FAX: 954-597-3810
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 1 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Physio-Control, Inc.'s ("Physio-Control") acceptance of Customer's Technical Service Support Agreement is expressly conditioned on
Customer's assent to the terms set forth in this document and its attachments. Physio-Control agrees to furnish the services ordered
by Customer only on these terms, and Customer's acceptance of any portion of the goods and services covered by this document
shall confine their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall
govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio-Control by
Customer. These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control
REPAIR SERVICES
If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, all repair parts and materials required, all required Physio-Control service technician labor, and all related travel expenses.
For offsite (ship -in) services, units will be returned to Customer by Physio-Control freight prepaid.
INSPECTION SERVICES
If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements
are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire and
Protection Guidelines, all required Physio-Control service technician labor and all related travel expenses. For offsite (ship -in)
services, units will be returned to Customer by Physio-Control freight prepaid.
DOCUMENTATION
Following each Repair and/or Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended
and identification of any materials replaced or recommended for replacement.
LOANERS
If a Physio-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service
to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes
complete responsibility for the Loaner and shall return the Loaner to Physio-Control in the same condition as received, at Customers
expense, upon the earlier of the return of the removed unit or Physio-Control's request.
EXCLUSIONS
This Technical Service Support Agreement does not Include: supply or repair of accessories or disposables (e.g., patient cables,
recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God;
repairs to return an instrument to normal operating equipment at the time of initial service by Physio-Control under this Technical
Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physio-Control; and
exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment
SCHEDULE SERVICES
Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service
hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case
Physio-Control will provide alternate coverage. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at
scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if
Physio-Control is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement
(due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated
service frequency or hours, or application of the Exclusions); Customer shall reimburse Physio-Control at Physio-Control's standard
labor rates less 10% (including overtime, if appropriate), plus standard list prices for related parts and materials less 15%, plus actual
travel costs incurred.
PAYMENT
The cost of services performed by Physio-Control shall be payable by Customer within thirty (30) days of Customers receipt of
Physio-Control's Invoice (or such other terms as Physio-Control confirms to Customer in writing). In addition to the cost of services
performed, Customer shall pay or reimburse Physio-Control for any taxes assessed Physio-Control. If the number or configuration of
Covered Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted
accordingly.
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 2 of 7
WARRANTY
Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in
performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or
a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be
defective, without any additional Customer charge, provided Customer notifies Physio-Control of any allegedly defective condition
within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied, including,
without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT
SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
TERMINATION
Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other,
except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make
timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall
be obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the
scope of Services provided prior to the effective date of termination.
DELAYS
Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting
from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the
requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit, and
Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control's
obligations and the performance dates shall be extended for the length of such delay.
MISCELLANEOUS
a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Contrors behalf during the Term of
this Technical Service Support Agreement or for one (1) year following its expiration without Physio-Control's prior written consent.
b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part
without the prior written consent of the other party.
c) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by
the laws of the State in which the service is provided. C
..............................................................................................................................................................................
.................................................................................... END ....................................................................................
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 3 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Logozzo, Darren, EAVV63
District: GULF COAST
Phone: 800-442-1142 x2743
FAX: 800-772-3340
Equipment Location: CITY OF TAMARAC FIRE RESCUE, 10308205
6000 HIATUS ROAD
TAMARAC, FL 33321
Scope Of Service POS LP 15 5 Year On Site Repair and 1 Insp per Year:M-F/8-5
Ref.
Effective
Expiration
Total
Model
Part Number
Serial Number
Line
Date
Date
Inspections
LIFEPAK® 15
V15-2-000050
38159174
1
8/2/2009
8/l/2014
5
LIFEPAK® 15
V15-2-000050
38159181
2
8/2/2009
8/l/2014
5
LIFEPAK® 15
V15-2-000050
38159183
3
8/2/2009
8/1/2014
5
LIFEPAK® 15
V15-2-000050
38159185
4
8/2/2009
8/l/2014
5
LIFEPAK® 15
V15-2-000050
38159187
5
8/2/2009
8/l/2014
5
•' Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 4 of 7
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Additional Items
Service Type Item
Quantity Start Date End Date
CASE CHANGE LP12/15/20 CASE CHG 1-5 1 8/3/2010 8/2/2011
— Denotes an additional item line that has changed since the last contract revision or addendum.
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 5 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK®15 (LP 15) Defibrillator/Monitor Includes:
Standard detachable hard paddle repairs
LP 15 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current
field -installed list price
When listed in Equipment Inventory, Schedule A, LP 15 Defibrillator/Monitor Includes:
Power Adapter
LP 15 Defibrillator/Monitor Excludes:
Internal, sterilizable and pediatric paddles
Communications cables
Therapy cables
Patient cables
Sp02 sensors
Case changes
Discounts may not be combined with other special terms, discounts and/or promotions.
Physio-Control LIFEPAK® 15 Battery
Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer,
and should be performed in accordance with the LP 15 Series Operating Instructions section entitled Discarding/Recycling Batteries.
Battery replacement is available on a one -far -one basis, up to the number of devices listed in Equipment Inventory, Schedule A,
upon the earlier of either (i) reported battery failure as determined by Customer's performance testing and evaluation in accordance
with the LP 15 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion of the second year of
use. Replacement Battery Pak shall be like for like, i.e. Li -ion Battery for Li -ion Battery. During the Term of this Agreement
replacement shall occur no more than three times per two year period, notwithstanding prior Support Plans.
Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in
(i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and
replacement by Customer, or by on -site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt
of replacement battery, the affected battery referenced above shall become the property of Physio-Control, and must be returned to
Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above,
Customer will be charged at the then current rate for the replacement battery.
Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by
Physio-Control are expressly excluded from coverage under this Service Agreement. Physio-Control does not guarantee the
operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-Control. Repairs
and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when
operating with a battery manufactured by Physio-Control. Any repairs, as determined by a Physio-Control Service Representative,
resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standard list
prices for parts and labor, including actual travel costs incurred.
LIFEPAK®15 Software Updates
If combined Repair and Inspection services are designated for LP IS units listed in Schedule A, a Physio-Control Technical Services
Representative will install LP 15 software updates at no additional cost, provided it is installed at the time of a regularly scheduled
inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to
accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then
current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at a rate of
$205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. Dependent upon
availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 6 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
access to software loading tool at no additional charge.
If Repair -Only services are designated for LP 15 units listed in Schedule A, a Physio-Control Technical Services Representative will
install a LP 15 software update at the rate of $205.00 per unit per software update. In addition, during the Term of this Agreement,
where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be
purchased by the Customer at a rate of 50% less than the then current list price. The cost of such software update will be billed in a
separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services
Representative shall provide Customer access to software loading tool at no additional charge.
Reference Number: V63-1412 New
Printed: 12/22/2009 Page 7 of 7
TECHNICAL SERVICE SUPPORT AGREEMENT
Contract Number:
End User # 10308205
CITY OF TAMARAC FIRE RESCUE
6000 HIATUS ROAD
TAMARAC, FL 33321
Bill To # 10308205
CITY OF TAMARAC FIRE RESCUE
6000 HIATUS ROAD
TAMARAC, FL 33321
This Technical Service Support Agreement begins on 10/1/2009 and expires on 9/30/2010.
The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement
is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached.
If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service
Support Agreement is also subject to Physio-Controls Data Management Support and Upgrade
Service Terms and Conditions, rev 7/99-1.
Price of coverage specified on Schedule A is $8,724.00 per term, payable in a One Time installment.
Special Terms
17% DISCOUNT ON LP12 UPGRADES
Accepted: Physio-Control, Inc. Customer:
By: By:d
Title:.✓ r �t-'� �c % c, f� Print: ����'�(" 4- M 4 1- Lea
Date:
Date:
Territory Rep: EAVV63
Logozzo, Darren
Phone: 800-442-1142 x2743
FAX: 800-772-3340
APPROYED AS -i. ` LEGAL FORD
F E ATOYOFODATED:
Purchase Order Number:
Customer Contact:
Chief Tom Sheridan
Phone: 954.724.2531
FAX: 954.724.2438
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 1 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Physio-Control, Inc.'s ("Physio-Control") acceptance of Customer's Technical Service Support Agreement is expressly conditioned on
Customers assent to the terms set forth in this document and its attachments. Physio-Control agrees to furnish the services ordered
by Customer only on these terms, and Customers acceptance of any portion of the goods and services covered by this document
shall confirm their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall
govern any conflicting or ambiguous terms on Customers purchase order or on other documents submitted to Physio-Control by
Customer. These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control
REPAIR SERVICES
If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, all repair parts and materials required, all required Physio-Control service technician labor, and all related travel expenses.
For offsite (ship -in) services, units will be returned to Customer by Physio-Control freight prepaid.
INSPECTION SERVICES
If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements
are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire and
Protection Guidelines, all required Physio-Control service technician labor and all related travel expenses. For offsite (ship -in)
services, units will be returned to Customer by Physio-Controi freight prepaid.
DOCUMENTATION
Following each Repair and/or Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended
and identification of any materials replaced or recommended for replacement.
LOANERS
If a Physio-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service
to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes
complete responsibility for the Loaner and shall return the Loaner to Physio-Control in the same condition as received, at Customers
expense, upon the earlier of the return of the removed unit or Physio-Control's request.
EXCLUSIONS
This Technical Service Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables,
recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God;
repairs to return an instrument to normal operating equipment at the time of initial service by Physio-Control under this Technical
Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physio-Control; and
exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment
SCHEDULE SERVICES
Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service
hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case
Physio-Control will provide alternate coverage. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at
scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or it
Physio-Control is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement
(due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated
service frequency or hours, or application of the Exclusions); Customer shall reimburse Physio-Control at Physio-Control's standard
labor rates less 10% (including overtime, N appropriate), plus standard list prices for related parts and materials less 15%, plus actual
travel costs incurred.
PAYMENT
The cost of services performed by Physio-Control shall be payable by Customer within thirty (30) days of Customers receipt of
Physio-Control's invoice (or such other terms as Physio-Control confirms to Customer in writing). In addition to the cost of services
performed, Customer shall pay or reimburse Physio-Control for any taxes assessed Physio-Control. If the number or configuration of
Covered Equipment is altered during the Tenn of this Technical Service Support Agreement, the price of Services shall be adjusted
accordingly.
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 2 of 7
WARRANTY
Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in
performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or
a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be
defective, without any additional Customer charge, provided Customer notifies Physio-Control of any allegedly defective condition
within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied, including,
without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT
SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
TERMINATION
Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other,
except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make
timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall
be obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the
scope of Services provided prior to the effective date of termination.
DELAYS
Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting
from any cause beyond its reasonable control, including, but not limited to, ads of God, labor disputes, labor shortages, the
requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit, and
Physio-Controi's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control's
obligations and the performance dates shall be extended for the length of such delay.
MISCELLANEOUS
a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Tenn of
this Technical Service Support Agreement or for one (1) year following its expiration without Physio-Controls prior written consent,
b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part
without the prior written consent of the other party.
c) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by
the laws of the State in which the service is provided. All eas t--
...................................................................... ................................................... ............................................. .-.-. �. .
.................................................................................... END ....................................................................................
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 3 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Logozzo, Darren, EAVV63
District:
GULF COAST
Phone:
800442-1142 x2743
FAX:
800-772-3340
Equipment Location: CITY OF TAMARAC FIRE RESCUE, 10308205
6000 HIATUS ROAD
TAMARAC, FL 33321
Scope Of Service
On Site Repair and 1 On
Site Inspection per
Year:M-F/8-5
Ref.
Effective
Expiration
Total
Model
Part Number
Serial Number
Line
Date
Date
Inspections
LIFEPAK® 12
VLP12-02-005013
32120563
7
10/l/2009
9/30/2010
1
LIFEPAK8 12
VLP12-02-005985
33077843
8
10/l/2009
9/30/2010
1
LIFEPAKV 12
VLP12-02-005985
33077844
9
10/1/2009
9/30/2010
1
LIFEPAK® 12
VLP12-02-005985
34300239
10
10/1/2009
9/30/2010
1
LIFEPAK®12
VLP12-02-005985
34735252
11
10/l/2009
9/30/2010
1
LIFEPAKV 12
VLP12-02-005985
35037896
12
10/1/2009
9/30/2010
1
Scope Of Service
On Site Repair Only: M-F/8-5
Ref.
Effective
Expiration
Total
Model
Part Number
Serial Number
Line
Date
Date
Inspections
BATTERY SUPPORT
SYSTEM 2 VBSS2-02-000009
9642389
1
10/1/2009
9/30/2010
0
BATTERY SUPPORT
SYSTEM 2 VBSS2-02-000009
10816377
2
10/1/2009
9/30/2010
0
BATTERY SUPPORT
SYSTEM 2 VBSS2-02-000009
14209018
5
10/l/2009
9/30/2010
0
BATTERY SUPPORT
SYSTEM 2 VBSS2-02-000009
31778708
6
10/1/2009
9/30/2010
0
Scope Of Service Renewal POS On Site Repair - 1 On Site Inspection per Year
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Inspections
LIFEPAKO12 VLP12-02-001385 11996994 3 10/1/2009 9/30/2010 1
LIFEPAK® 12 DVLP12-02-000476 11877030 4 10/1/2009 9/30/2010 1
•' Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 4 of 7
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Additional Items
Service Type Item Quantity Start Date End Date
CASE CHANGE LP12/15/20 CASE CHG 1-5 1 10/1/2009 9/30/2010
" Denotes an additional item line that has changed since the last contract revision or addendum.
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 5 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK® 12 (LP 12) Defibrillator/Monitor Includes:
Standard detachable hard paddle repairs
LP 12 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current
field -installed list price
When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator/Monitor Includes:
AC Power Adapter
DC Power Adapter
LP 12 Defibrillator/Monitor Excludes:
Internal, sterilizable and pediatric paddles
Sp02 sensors and cables
Communication cables
Therapy cables
Patient cables
PCMCIA modems
Case changes
Discounts will not be combined with other special terms, discounts, and/or promotions.
Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, and LIFEPAK NiCd Battery
Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer,
and should be performed in accordance with the LP 12 Series Operating Instructions section entitled Discarding/Recycling Batteries.
Batteries replacement is available on a one -for -one basis, up to the number of devices listed in Equipment Inventory, Schedule A,
upon the earlier of either (i) reported battery failure as determined by Customer's performance testing and evaluation in accordance
with the LP 12 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion of the second year of
use. Replacement Battery Pak shall be like for like, i.e. FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the
Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans.
Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in
(i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and
replacement by Customer, or by on -site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt
of replacement battery, the affected battery referenced above shall become the property of Physio-Control, and must be returned to
Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above,
Customer will be charged at the then current rate for the replacement battery.
Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by
Physio-Control are expressly excluded from coverage under this Service Agreement. Physio-Control does not guarantee the
operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-Control. Repairs
and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when
operating with a battery manufactured by Physio-Control. Any repairs, as determined by a Physio-Control Service Representative,
resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standard list
prices for parts and labor, including actual travel costs incurred.
LIFEPAK 12 Software Updates
If combined Repair and Inspection services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services
Representative will install LP 12 software updates at no additional cost, provided it is installed at the time of a regularly scheduled
inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to
accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then
current Iist price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at the rate of
$205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. Dependent upon
availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 6 of 7
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
access to software loading tool at no additional charge.
If Repair -Only services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will
install a LP 12 software update at the rate of $205.00 per unit per software update. In addition, during the Term of this Agreement,
where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be
purchased by the Customer at a rate of 50% less than the then current list price. The cost of such software update will be billed in a
separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services
Representative shall provide Customer access to software loading tool at no additional charge.
Physio-Control will replace the internal coin cell battery according to the number of such batteries listed in the Additional Items
section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location
the devices that will receive such battery replacement, and to provide to the Physio-Control Technical Services Representative
access to those devices. Coin cell battery replacement will take place during the Term of this Agreement, according to the number
of coin cell batteries listed in the Additional Items section of Schedule A.
Reference Number: V63-1403 Renewal
Printed: 12/22/2009 Page 7 of 7