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.