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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-242Temp Reso #7499 Page 1 Revision #7: 10/11/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96- �-`�1 o' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND PHYSIO-CONTROL CORPORATION, A SOLE SOURCE, FOR THE PURCHASE OF FOUR (4) LIFEPAK 11 DEFIBRILLATORS AT $6,495.00 EACH, FOUR (4) CARRYING CASES AT $179.00 EACH, ONE (1) CARDIAC DIAGNOSTIC MONITOR AT $9,695.00 EACH, TWO BATTERY SUPPORT SYSTEMS AT A COST OF $1,400 EACH, AND TWO (2) FAST PATCH ADAPTORS AT A COST OF $150.00 EACH, FOR A TOTAL COST OF $39,491.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida requires cardiac defibrillators on every Advanced Life Support vehicle; and WHEREAS, the City Commission has passed Resolutions R-96-185 and R-96-186 approving a grant application for which Tamarac will receive 3 Life Pak 11 Diagnostic Monitors and also 12 lead EKG training; and WHEREAS, the county grant only provides for three units and the city has four vehicles needing cardiac defibrillators; and WHEREAS, the City of Tamarac desires to purchase four (4) LifePak 11 Defibrillators at $6,495.00 each, four (4) carrying cases at 1179.01 each, one (1) LifePak 11 diagnostic cardiac monitor at $9,695.00 each, two (2) battery support systems at Temp Reso #7499 Page 2 Revision #7: 10/11/96 $1,400.00 each, and two (2) fast patch adaptors at $150.00 each, for a total of $39,491.00; and WHEREAS, both parts (defibrillators and monitors) of the LIFEPAK are necessary for providing advanced cardiac patient care; and WHEREAS, Physio-Control Corporation is a sole source; and WHEREAS, funds for this purchase has been budgeted in the General fund; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac that the City purchase cardiac defibrillators and monitors from Physio-Control Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SEQD-QN 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. SECTION 2: The appropriate City officials are hereby authorized to execute the Agreement between the City of Tamarac, Florida, and Physio-Control Corporation, for the purchase of four (4) LifePak 11 Defibrillators, four (4) carrying cases, one (1) LifePak 11 diagnostic cardiac monitor, two battery support systems and two fast patch adaptors, for a total cost of $39,491.00. (A copy of the Agreement is attached as Exhibit "A") SECTIQh a: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution Temp Reso #7499 Page 3 Revision #7: 10/11/96 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 this 2-3 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this SOLUTION as to form. MITCHELL S. KRA CITY ATTORNEY c:\userdata\wpdata\res\7499. ms of Oc' &, 1 A _ A* _ w NORMAN ABRAMOWITZ MAYOR RECORn nF cOMMISSION VOTE MAYOR DIST 1: DIST 2: DIST 3: DIST 4: / - 54/v ��z EXHIBIT "A" • CONTRACT FD 96-01 PAGE 1 Revision #5: 9/24/96 AGREEMENT BETWEEN THE CITY OF TAMARAC AND PHYSIO-CONTROL CORPORATION FOR THE PURCHASE OF THREE LIFEPAK 11 DEFIBRILLATORS This Agreement entered into on the day of 42C_A2 e..*­ 1996, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, FL 33321 (the "CITY"), and Physio Control Corporation with principal offices located at 11811 Willows Road Northeast, Redmond, WA 98073 (the "VENDOR"). CITY intends to buy four (4) LifePak 11 defibrillators, at $6,495.00 each, four (4) carrying cases, at $179.00 each, one (1) LifePak 11 diagnostic cardiac monitor, at $9,695.00 each, two (2) battery support systems at $1400.00 each, and two fast patch adaptors, at $150.00 each for a total of $39,491.00. WHEREAS, CITY and VENDOR desire to set forth herewith the general terms and conditions whereby VENDOR will sell to CITY four (4) LifePak 11 defibrillators, four (4) carrying cases, one (1) LifePak 11 diagnostic cardiac monitor, two (2) battary support systems, and two (2) fast patch adaptors. NOW THEREFORE, CITY and VENDOR, in consideration of their mutual covenants herein, agree in respect of the performance of the sale by the VENDOR and the payment for the goods by the CITY as set forth below: (1) VENDOR shall comply with the agreement and sell to CITY four (4) LifePak 11 defibrillators, four (4) carrying cases, one (1) diagnostic cardiac monitor, two (2) battery support systems, and two (2) fast patch adaptors for the total price of Thirty Nine Thousand Four Hundred Ninety -One DOLLARS ($39,491.00). (2)' The sale under this Agreement shall be commenced after the execution of the Agreement and after the date VENDOR receives the Purchase Order. The order shall be filled as soon as possible upon receipt of the Purchase Order. (3) CITY shall pay in full the contract sum of $39,491.00 to VENDOR upon completion of the order listed in Paragraph 1 of this agreement unless the parties agree otherwise. 0 - 5(� EXHIBIT "A" CONTRACT FD 96-01 PAGE 2 Revision #5: 9/24/96 (4) VENDOR warrants the LifePak 11 defibrillators, under the terms of the VENDOR'S standard product warranty, for a period of (1) year from the date of receipt of the order. In the event that a failure occurs, VENDOR shall perform such steps required to place units back in operating condition within thirty days (30). (5) VENDOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, occurring in connection with the operations of the VENDOR or its officers, employees, agents, to the extent due to the VENDOR'S actions or failure to act. The above provision shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. (6) VENDOR shall not transfer or assign the performance required by this agreement without prior written consent of CITY. This Agreement, or any portion thereof, 40 shall not be contracted without the prior written consent of CITY. (7) This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. (8) VENDOR shall provide CITY with copies of requisite documentation evidencing that the signatory for VENDOR has the authority to enter into this Agreement. (9) Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (10) Should either party desire to give notice unto any other party, it must be given by written notice, sent by registered, United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as their respective place of notice, to wit: 4, 5 6,a2 L/P— EXHIBIT "A" CONTRACT FD 96-01 PAGE 3 Revision #5: 9/24/96 City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 AS TO VENDOR: Carol Haugh, Contracts Physio-Control Corporation 11811 Willows Road Northeast Redmond, WA 98073 (11) This Agreement constitutes the entire Agreement between VENDOR and CITY, and negotiations and all understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed and agreed to by VENDOR and CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the _ 2-3 day of , 1996 and Physio-Control Corporation signing by and through , duly authorized to execute same. [The remainder of the page left blank intentionally.] 4 - 94, 1- 4 �2-- • • ATTEST: Carol A. Evans City Clerk ATTEST: { arporate Secr tart' L01ti. Type or Print N me (Cor sip* ...FJ.4 1r nr.� r EXHIBIT "A" CONTRACT PD 96-01 PAGE 4 Revision #5: 9/24/96 Date: 10 zff--q� - B4 1 �`S- f) b' __ Robert S. Noe, Jr., City Manager Date: /6 —gW- itchell S. K(o City Attorney PHYSIO-CONTRO By: �M, Type or Print Name Physio-Control Corporation 1 i811 Willows Road Northeast Post Office Box 97006 R�drnond, WA 98073 9706 USA EXHTBTT "A" -e i e p h o n e: 206.867. 4000 F;3 x: 206.867.4202 E By virtue of my authority as President and CEO of Physio-Control Corporation, this will confirm my delegation of authority to sign, execute contracts, agreements, bids, bid bonds, quotations, sales orders, service and maintenance agreements, related confidentiality agreements, and related documents ("Documents") as follows: All Documents: Confidentiality Agreements: C� Sales: Bids, Bid Bonds, Quotations, and Sales Orders for Government and Commercial Customers Up to $250,000 Executive and Senior Vice Presidents V.P. - Technical Operations V.P. - Product Development V.P. - U.S. Sales V.P. - National Accounts Up to $100,000 Regional Sales Managers Sr. Contract Development Admin. Sales Development Manager Up to $50,000 0 District Sales Manager National Account Managers Bids Coordinator Sales Operation Supervisor C, Service: Bids, Bid Bonds, Quotations, Service and Maintenance Agreements with Government and Commercial Customers Up to $250,000 Up to $100,000. Up to $50,000 Up to $25,000" Up to $25,000 Up to $15,000 Up to $10,00aii Up to $5,000" Up to $5,000 EXHIBIT "A" V.P. - Service Regional Service Managers Technical Services Marketing Mngr. Customer Operations Manager District Service Managers Service Contract Specialist Customer Service Supervisor Technical Sales Consultants Field Service Representatives Techn. Services Contract Specialists These delegations shall continue to be in effect so long as individuals hold the positions indicated, unless previously amended or withdrawn. Dated this 2.ay of January, 1996. Richard O. Martin President and CEO Physio-Control Corporation 'With a maximum discount level not to exceed established National Service Agreement discounting levels. With a maximum discount level of 10% of published list price. With a maximum discount level of 5% of published list price. With a maximum discount level of 5% of published list price. -2- • Warranty EXHIBIT "A" Subject to the limitations and exclusions set forth below, Physio-Control warrants that Physio- Control products purchased for use in the United States from authorized Physio-Control repre- sentatives or distributors will be free from defects in material and workmanship appearing under normal service and use as follows: Five Years: New and demo LIFEPAKO 9 defibrillator/monitor/pacemaker family of products New and demo LIFEPAK 10 defibrillator/monitor/pacemaker family of products, used in clinic and hospital settings exclusively (with no use in mobile or other applications outside of a hospital or clinic setting) One Year: New and demo LIFEPAK 10 defibrillator/monitor/pacemaker family of products, which include use in out -of -hospital or clinic settings New and demo LIFEPAK 300 automatic advisory defibrillators, LIFEPAK 11 diagnostic cardiac monitor or defibrillator/pacemakers, FIRST MEDICTM 510, 610, or 710 semi -automatic defibrillators Factory reconditioned, used LIFEPAK 9 family of products New product adapters and cassettes All batteries and battery paks Six Months: Factory reconditioned, used LIFEPAK 10, LIFEPAK 300, LIFEPAK 11 or FIRST MEDIC 510, 610, and 710 monitors or defibrillators 90 Days: Product accessories (including patient cables and internal paddles) The time limits and the warranty schedule provided above begin on the date of delivery to the first purchaser. Physio-Control does not warrant that Physio-Control products will perform error -free and without interruptions, and the sole and exclusive remedy under this warranty is to repair or to replace defective material or workmanship at the option of Physio-Control. If the products are at locations within 100 miles of a Physio-Control service location, warranty service will be provided by Physio-Control at the Purchaser's facility during normal business hours. Outside of such areas, all products and/or assemblies requiring warranty service should be returned to Physio- Control, freight prepaid, and must be accompanied by a written, detailed explanation of the claimed failure. Except for the warranty provided above, Physio-Control makes no other warranty, express or implied, and makes no warranty of merchantability or fitness for a particular purpose. It is agreed that Physio-Control shall not be liable for direct or indirect, special, incidental or consequential damages (including loss of business or profits) whether based on contract, tort, or any other legal theory. It is also agreed that any legal action arising from the purchase or use of Physio-Control products shall be commenced within one year from the accrual of the cause of action, or be barred forever, and that in no event shall Physio-Control liability under this warranty or otherwise exceed the greater of $50,000 or the purchase price of the product giving rise to the cause of action.