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Home My WebLink AboutCity of Tamarac Resolution R-2009-076TR11628 May 21, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- /6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO PURCHASE FROM PHYSIO-CONTROL, A DIVISION OF MEDTRONIC, INC., A SOLE SOURCE PROVIDER, FIVE (5) LIFEPAK 15 ADAPTIVE, BIPHASIC CARDIAC DEFIBRILLATORS AND MONITORS WITH RELATED ACCESSORIES AND FOUR (4) MOBILE BATTERY SERVICE STATIONS FOR A TOTAL COST OF $120,677.86; AUTHORIZING THE DISPOSAL OF FOUR (4) OUTDATED CARDIAC DEFIBRILLATORS AND MONITORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida requires a Cardiac Defibrillator/Monitor on every licensed Advanced Life Support (ALS) vehicle; and WHEREAS, upgrading Cardiac Defibrillator/Monitors on City of Tamarac Fire Rescue ALS vehicles maintains the Department's emergency and operational readiness; and WHEREAS, the City of Tamarac Fire Rescue Department wishes to purchase five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, a division of Medtronic, Inc. at a total cost of $120,677.86 (quote attached hereto as Exhibit A); and WHEREAS, Physio-Control, a division of Medtronic, Inc. provides a one-year limited warranty to cover new LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors; 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 dealer network, and markets all products directly; and TR11628 May 21, 2009 Page 2 WHEREAS, as a result of standardization and the lack of dealers, Physio-Control, a division of Medtronic, Inc. is a sole source provider (letter attached hereto as Exhibit B); and WHEREAS, the City of Tamarac has available for disposal four (4) Cardiac Defibrillators consisting of one (1) LifePak 11 and three (3) LifePak 12 monophasic Cardiac Defibrillators and Monitors; and WHEREAS, City Code §6-153 permits the disposal of Surplus Stock; and WHEREAS, funding for the Cardiac Defibrillators and Monitors has been provided for in the FY09 budget; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend purchasing the five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors and mobile battery support in the amount not to exceed $120,677.86; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager furthermore recommend disposing of the LifePak 11 and LifePak 12 monophasic cardiac defibrillators and monitors; 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 that the City purchase five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, a division of Medtronic, Inc. for a total cost of $120,677.86. 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 referenced herein and attached hereto are incorporated herein and made an express part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to purchase five 1 1 TR11628 May 21, 2009 Page 3 (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, Inc. for a total cost of $120,677.86 (quote attached hereto as Exhibit A). SECTION 3: The LifePak 11 and LifePak 12 Defibrillators and Monitors are outdated for use by Tamarac, are considered surplus stock, and are available for trade-in toward the purchase of LikePak 15 machines and accessories. SECTION 4: All Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 in application, it shall not affect the validity of the remaining portion or application of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this /0 day of y , 2009. kw ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESO ' TION as to form. �MUEL S. GOREN 116"'61TY ATTORNEY BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER ZI- DIST 4: COMM. DRESSLER �.�a- To: Chief Tom Sheridan Tamarac Fire & Rescue 7501 NW 88th Ave Tamarac, FL 33321 Phone: (954) 597-3804 Fax: (954) 724-2438 tomsh@tamarao.org SERIAL NUMBERS: 9692971, 9692972, 11766473,003821,1855201 Contract: None Physio-Control, Inc. 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U.S.A www.physio-control.com www.medtronic-com tel 800.442.1142 fax 800,732.0956 Quote#: 1-133121985 Rev#: 3 Quote Date: 06/10/2009 Sales Consultant: Debbi Stanfield 800-442-1142 x 72305 FOB: Redmond, WA Terms: Net 30, all quotes subject to credit approval and the following terms & conditions Exp Date: 08/09/2009 1 99577-000045 - LP15 MONrrOR/DEFIB, CPR, 5 $29,995.00 $5,999.00 $1,300.00 $22,696.00 $113,480.00 Pace, to 360J, SP02, 12L GL, NIBP, CO2, Trend, BT 2 41577-000012 - LP15 SHIP KIT 5 $0.00 $0.00 $0.00 $0.00 $0.00 3 11577-000011 -MOBILE BATTERY CHARGER 4 $1,695.00 $254.25 $0.00 $1,440.75 $5,763.00 DC AND AC OPERATION FOR MOBILE TRANSPORT APPLICATIONS, FOR USE WITH THE LI-ION 5.7 AMP BATTERY. INCLUDES AC AND DC POWER CORDS, MOUNTING BRACKET AND OPERATING INSTRUCTIONS. 4 11577-000002 - KIT - CARRY BAG, MAIN BAG 5 $250.00 $37.50 $0.00 $212.50 $1,062.50 ACCESSORY 11577-000002 LP15 KIT CRY BAG 5 11260-000039 - KIT - CARRY BAG, REAR 5 $65.00 $9.75 $0.00 $55.25 $27625 POUCH KIT - CARRY BAG, REAR POUCH SUB TOTAL ESTIMATED TAX ESTIMATED SHIPPING & HANDLING GRAND TOTAL Trade-in Detail Product Pricing Summary Totals List Price: Trade-ins: Cash Discounts. - Tax + S&H: GRAND TOTAL FOR THIS QUOTE $120,581.75 $0.00 $96.11 $120,677.86 Qty Unit Value Total Value $158,330.00 - $6,500.00 - $31,248.25 + $96.11 $120,677.86 2 TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800-732- 095$, ATTN: REP SUPPORT PHYSIO-CONTROL, INC. REQUIRES WRITTEN VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE APPLICABLE FREIGHT AND TAXES,THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE TO THE TERMS AND PRICES DENOTED HEREIN. SIGN TO THE RIGHT: I:�51[ • �.E-7�I�iPkY:kP�ri/f6��)r] /� CUSTOMER APPROVAL (AUTHORIZED SIGNATURE) NAME TITLE DATE Notes: TAXES, SHIPPING AND HANDLING FEES ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE AT THE TIME OF ORDER. SHIPPING AND HANDLING ESTIMATE APPLIES TO GROUND TRANSPORT ONLY, ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED IN ITS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE-IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO PHYSIO-CONTROL, INC. ITEMS LISTED ABOVE AT NO CHARGE ARE INCLUDED AS PART OF A PACKAGE DISCOUNT THAT INVOLVES THE PURCHASE OF A BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE DISCOUNT EXTENDED ON THE BUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE. Until further notice, Physio-Control is limiting shipments of the following products: LIFEPAK0 12 defibrillator/monitor,LIFEPAK 20 defibrillator/monitor, LIFEPAK 500 defibrillators, LIFEPAK 1000 defibrillator and LIFENETO IRS Receiving Station. In addition, Physio-Control has suspended shipments of LIFEPAK CRO Plus AED and LIFEPAK EXPRESSO AED and some upgrades until further notice. At this time, Physio-Control is not able to provide estimated delivery dates. We are committed to providing customers with updated product and shipping information. If you place an order based on this quote, when the products become available Physio-Control will contact you to confirm your order. At that time you may elect to (1) proceed with your order, (2) cancel all or part of your order (3) request a revised quote. 3 TERMS OF SALE General Terms Physio-Control, Inc. acceptance of the Buyer's order is expressly conditioned on the Buyer's assent to the terms set forth in this document and its attachments. Physio-Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on these terms, and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase order or on other documents submitted to Physio-Control, Inc. by the Buyer. These terms may only be revised or amended by a written agreement signed by an authorized representative of both parties. Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio-Control, Inc. standard prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio-Control, Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio-Control, Inc. Tax Department, P.O. Box 97006, Redmond, Washington 98073-9706. Payment Unless otherwise indicated in this document or otherwise confirmed by Physio-Control, Inc. in writing, payment for goods and services supplied by Physio-Control. Inc. shall be subject to the following terms: Domestic (USA) Sales - Upon approval of credit by Physio-Control, Inc., 100% of invoice due thirty (30) days after invoice date. International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit. Physio-Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Physio-Control, Inc. reserves the right to charge a 15% restocking fee for returns. Delivery Unless otherwise indicated in this document, delivery shall be FOB Physio-Control, Inc. point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physio-Control, Inc. will obtain transportation on the Buyer's behalf and for the Buyers account. Delays Delivery dates are approximate. Physio-Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non -delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes. the requirements of any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio-Control, Inc. inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control, Inc. and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Inspections Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physic - Control, Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio-Control, Inc. prior approval is required before the return of any goods to Physio-Control, Inc.. Warranty Physio-Control, Inc. warrants its products in accordance with the terms of the standard Physio-Control, Inc. product warranty applicable to the product to be supplied, and the remedies provided under such warranty shall be the Buyers sole and exclusive remedies. Physio-Control, Inc. 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, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyer's authority and assistance, Physio»Control, Inc. agrees to defend, indemnify and hold the Buyer harmless against any claim that the Physio-Control, Inc. products covered by this document directly infringe any United States of America patent. Miscellaneous a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through The purchase of Physio-Control, Inc. products, the Buyer does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products, and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c) The rights and obligations of Physio-Control, Inc. and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Florida, United States of America. All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document shall be reimbursed by the other party.