HomeMy WebLinkAboutR-2008-158 Physio Control Lifepak 12 RESOLUTION NO. 2008-158
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER INTO A TECHNICAL
SERVICE SUPPORT AGREEMENT WITH PHYSIO-CONTROL, INC., A
SOLE SOURCE PROVIDER, FOR THE MAINTENANCE AND REPAIR OF
LIFEPAK 12 EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $4,555.00,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $25,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission; and
WHEREAS, the City Manager has determined that service and maintenance of Fire
Department Lifepak 12 equipment can be obtained at the least cost to the City by contracting with
Physio-Control, Inc., a sole source provider, 11811 Willows Road, N.E., P.O. Box 97006,
Redmond, Washington, 98073-9706, since FY 2004;
WHEREAS, in FY 2009, the Fire Department is recommending to continue contracting
with Physio-Control, Inc for service and maintenance in the amount of$4,555.00, with the totality
of purchases with this company will exceed the $25,000.00 limit mentioned above;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Technical Service Support Agreement between the Dania Beach
Fire Department and Physio-Control, Inc., in substantial form as appearing in Exhibit "A"
attached, is approved and the City Manager is authorized to pay from the City of Dania Beach
Fire-Rescue Department budget the sum of Four Thousand Five Hundred Fifty-Five and 00/100
Dollars ($4,555.00). This approval shall also apply to four subsequent annual renewals, extensions
or new agreements for the next four years, subject to a total not to exceed amount of$25,000.00
and subject to funds being appropriated in the applicable budget.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect October 1, 2008.
PASSED and ADOPTED on September 9, 2008.
144,�C
ALBERT C. JONES
o,s FIRST a>y MAYOR-COMMISSI ER
ATTEST: �p�
tee°
' 1
LOUISE STI ON, C 1C
CITY CLERK
�NfQs7p°kR"
APPROVED AS TO F AND CORRECTNESS:
BY: r ,
THCJMA%J. AN BRO
CITY A TORN Y
2 RESOLUTION #2008-158
TECHNICAL SERVICE SUPPORT AGREEMENT M
Contract Number:
End User# 00082202 Bill To# 00082202
CITY OF DANIA BEACH FIRE CITY OF DANIA BEACH FIRE
116 W DANIA BEACH BLVD 116 W DANIA BEACH BLVD
DANIA,FL 33004 DANIA,FL 33004
This Technical Service Support Agreement begins on 10/1/2008 and expires on 9/30/2009.
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 $4,555.00 per term,payable in Quarterly installments.
Special Terms
17%DISCOUNT ON LP12 UPGRADES
Accepted:Physio-Control,Inc. Customer:
By: By:
Title: Print:
Date: Title:
Date:
Purchase Order Number:
Territory Rep: EAVV57 Customer Contact:
Highland,Dustin Benjamin Rudbeck
Phone: 800-442-1142 x2156 Phone: 954.924.3725
FAX: 800-772-3340 FAX: 954.921.0959
Reference Number: V57-2432 Renewal
Printed: 8/26/2008 Page 1 of 6
PHYSIO-CONTROL,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWALTERMS
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
confirm their acceptance by Customer.These terns 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 Customer's
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-Conbol'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 Customer's 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: V57-2432 Renewal
Printed: 8/26/2008 Page 2 of 6
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 reservtclng 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 Physko-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-Controts 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.All costs and expenses incurred by the prevailing party related to the
enforcement of its rights under this document,including reasonable attorney's fees,shall be reimbursed by the other party.
.................................................................................................................................................................I............
....................................................................................END....................................................................................
Reference Number: V57-2432 Renewal
Printed: 8/26/2008 Page 3 of 6
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Highland,Dustin,EAVV57
District: GULF COAST
Phone: 800-442-1142 x2156
FAX: 800-772-3340
Equipment Location: CITY OF DANIA BEACH FIRE,00082202
116 W DANIA BEACH BLVD
DANIA,FL 33004
Scope Of Service On Site Repair Only:M-17/8-5
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Inspections
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13200090 7 10/12008 9/302009 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
LIFEPAK9)12 VLP12-02-001490 12984552 5 10/12008 9/302009 1
LIFEPAK®12 VLP12-02-002936 31382224 6 10/12008 9/302009 1
LIFEPAK4D 12 VLP12-02-000443 11893141 1 10/12008 9/302009 1
LIFEPAK®12 VLP12-02-000192 11490446 3 10/12008 9/302009 1
Scope Of Service Renewal POS 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 11372541 4 10/1,2008 9/302009 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11876636 2 10/1,2008 9/302009 0
••Denotes an inventory line that has changed since the last contract revision or adderdum.
Reference Number: V57-2432 Renewal
Printed: 8/26/2008 Page 4 of 6
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 10/1/2008 9/30/2009
"Denotes an additional item line that has changed since the last contract revision or addendum.
Reference Number: V57-2432 Renewal
Printed: 8/26/2008 Page 5 of 6
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK® 12 DEFIBRILLATOR/MONITOR
AC Power Adapter included when listed on equipment inventory(Schedule A).
DC Power Adapter included when listed on equipment inventory(Schedule A).
Defibrillator paddle repairs are included(excludes internal,sterilizable and pediatric paddles).
Communications and Patient cables are excluded.
PCMCIA Modems are excluded.
•Therapy cables are excluded.
Sp02 Sensors are excluded.
•Case Changes are excluded
Discount of 17%from the field installed list price for any current and/or future available LIFEPAK912 upgrade is
included when installed by Physio-Control Technical Services.
•Discounts may not be combined with any other special terms,discounts and/or promotions.
Physio-Control Fastpak®,Fastpak 2,Lifepak SLA and Lifepak NiCd Battery
Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the
operating instruction manual and to replace batteries that do not pass the conditions outlined under"Discarding/
Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly
discarded(recycled).
•If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or
the Battery Pak age exceeds 2 years,Physio-Control shall replace said Physio-Control Battery Pak(like for like)i.e.FASTPAK
for FASTPAK,FASTPAK2 for FASTPAK2,LIFEPAK SLA for LIFEPAK SLA,or LIFEPAK NiCd for LIFEPAK NiCd,
up to a maximum of 4 Physio-Control Battery Paks every two years(including prior Support Plan periods)per LIFEPAK®12
defibrillator/monitor(listed on Schedule A). To assist in proper recycling and removal oflow capacity batteries,
replaced Battery Paks become the property of Physio-Control and must be returned at fire time of exchange.
Only batteries manufactured by Physio-Control are covered under this Service Agreement. Any batteries manufactured by
other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the
operation,safety and/orperformance of our product when operating with a non-Physio-Control battery. Repairs and inspections
performed under this Agreement meet original equipment manufacturer's product specifications only when operating with
a Physio-Control battery. Any repairs,as determined by a Physio-Control Service Representative,resulting from the use of a
non-Physio-Control battery,will be billed at our standard list prices for parts and labor,including actual travel charges
incurred.
Lifepak®12 Software Updates
•If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory
for Lifepak 12 units,at the customer's request,a Physio-Control Technical Services Representative will install Lifepak 12
software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection.
In addition during the team of this agreement,where an assembly such as a printed circuit board must be replaced in
order to install the new software,these assemblies may be purchased by the customer at a 50%discount off the current
list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled
inspection will be billed at S205 per unit per software update. The cost of the software update will be billed on a
separate invoice.
If Repair-Only services are designated on the Service Oder inventory for Lifepak 12 units,at the customer's request
a Physio-Control Technical Services Representative will install a Lifepak 12 software update at a discounted price of$205 per
unit per software update. In addition during the term of this agreement,where an assembly such as a printed circuit board
must be replaced in order to install the new software,these assemblies may be purchased by the customer at a 50%discount
off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice.
Reference Number; V57-2432 Renewal
Printed: 8/26/2008 Page 6 of 6
Rryslo Control,
11811 willows Road NE, P.O. Box 97005. Redmond.'AIA 98052
Tel 425.g57 I 000 To!I-Free 305.442.l 142
www.phys io-cent:al.com
8-5-2008
ATTN: Ben Rudbeck
City of Dania Beach Fire Rescue
116 West Dania Beach Blvd
Dania Beach, FL 33004
Dear Chief Rudbeck
I trust you have been satisfied with the level and quality of service and products you have
received from Physio-Control. We believe that first-rate service to you,our customer, is a
critical element in maintaining the high performance standards of the products we
manufacture.
My records indicate that it is time for you to renew your Service Agreement. I have
enclosed your renewal support plan and if it meets with your approval,please sign and
return it with all attachments to our office in the enclosed envelope. You may keep those
pages marked"CUSTOMER COPY"for your files and return the copy marked"PHYSIO-
CONTROL COPY".
Thank you for allowing us to be partners in health care. If you should have any questions,
please feel free to contact me at 1-800-442-1142, option 1, extension 72464.
Sincerely,
PHYSIO-CONTROL, INC.
Dustin Highland
Field Service Representative
Enclosure
TECHNICAL SERVICE SUPPORT AGREEMENT E
PHSYIO-CONTROL
COPY
Contract Number:
End User# 00082202 Bill To# 00082202
CITY OF DANIA BEACH FIRE CITY OF DANIA BEACH FIRE
116 W DANIA BEACH BLVD 116 W DANIA BEACH BLVD
DANIA,FL 33004 DANIA,FL 33004
This Technical Service Support Agreement begins on 10/I/2008 and expires on 9/30/2009.
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 S4,555.00 per term,payable in Quarterly installments.
Special Terms
170/a DISCOUNT ON LP12 UPGRADES
Accepted:Physio-Control, C. Customer: 0—/ p
By: By:
Title: FAA swul� V t: /V A All /NATO
Date: Title: 12 /7 y /77 4Ac 4 GE 1i
Date:
Purchase Order Number: /
Territory Rep: EAVV57 Customer Contact:
Highland,Dustin Benjamin Rudbeck
Phone: 800-442-1142 x2156 Phone: 954.924.3725
FAX: 900-772-3340 FAX: 954.921.0959 (n l 7 y /� Pyy"
Reference Number. V57-2432 Renewal
Printed: 8/5/2008 Page I of 6
PHYSIO-CONTROL,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Phys"ontrol,Inc.'s("Physio-Control')acceptance of Custornei'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
confirm their acceptance by Customer.These terns 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 oflsite(ship-in)services,units will be returned to Customer by Physto-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 Physic-Control service technician labor and all related travel expenses.For of ifte(ship-in)
services,units will be returned to Customer by Phys"ontrol 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 Customer's
expense,upon the earlier of the return of the removed unit or Physio-Contrors 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 ads 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 R to this Technical Service Support Agreement,'d 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
Physlo-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 Customer's receipt of
Physio-Contrors 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. V57-2432 Renewal
Printed: 8/5/2008 Page 2 of 6
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.Customers 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 Tenn and the
scope of Services provided prior to the effective date of termination.
DELAYS
Physio-Control will not be liable for any Joss 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-Controfs 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 Tenn of
this Technical Service Support Agreement or for one(1)year following its expiration without PhysioControl'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.All costs and expenses incurred by the prevailing party related to the
enforcement of its rights under this document,including reasonable attorney's fees,shall be reimbursed by the other party.
.........................................I.............. .....................................................................................................................
....................................................................................END....................................................................................
ReferenceNhnnbec V57-2432 Renewal
Printed: 8/5/2008 Page 3 of 6
PHYSIO-CONTROL,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Highland,Dustin,EAVV57
District: GULF COAST
Phone: 800-442-1142 x2156
FAX: 800-772-3340
Equipment Location: CITY OF DANIA BEACH FIRE,00082202
116 W DANIA BEACH BLVD
DANIA,FL 33004
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 13200090 7 10/12008 9/302009 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 Dare Date Inspections
LIFEPAK®12 VLP12-02-001490 12984552 5 10/12008 9/302009 1
LIFEPAKO 12 VLP12-02-002936 31392224 6 10/12008 9/302009 1
LIFEPAK®12 VLP12-02-000443 11893141 1 10/12008 9/302009 1
LIFEPAK®12 VLP12-02-OW192 11490446 3 10/12008 9/302009 1
Scope Of Service Renewal POS On Site Repair Only:M-F/8-5
Ref. Effective Expiration Total
Model Pan Number Serial Number Line Date Date Inspections
BATTERY SUPPORT SYSTEM 2 VBSS2-02400009 11372541 4 10/12008 91302009 0
BATTERY SUPPORT SYSTEM 2 VBSS2.02-000009 11876636 2 10/12008 9/302009 0
�s Denotes an inventory Jim that has changed since the last contract revision or addendum.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 4 of 6
MEDTRONIC EMERGENCY RESPONSE SYSTEMS,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Additional Items
Service Tree Item Quantity Start Date End Date
CASE CHANGE LP12/15/20 CASE CHG 1-5 1 10/1/2008 9/30/2009
"Denotes an additional item line that has changed since the last contract revision or addendum.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 5 of 6
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAKV 12 DEFIBRILLATOR/MONITOR
AC Power Adapter included when listed on equipment inventory(Schedule A).
DC Power Adapter included when listed on equipment inventory(Schedule A).
Defibrillator paddle repairs are included(excludes internal,sterilizable and pediatric paddles).
Communications and Patient cables are excluded.
PCMCIA Modems are excluded.
•Therapy cables are excluded.
•Sp02 Sensors are excluded.
Case Changes are excluded.
Discount of 17%from the field installed list price for any current and/or future available LIFEPAK®12 upgrade is
included when installed by Physio-Control Technical Services.
•Discounts may not be combined with any other special terms,discounts and/or promotions.
Physio-Control Fastpak®,Fastpak 2,Lifepak SLA and Lifepak NiCd Battery
•Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the
operating instruction manual and to replace batteries that do not pass the conditions outlined under"Discarding/
Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly
discarded(recycled).
If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or
the Battery Pak age exceeds 2 years,Physio-Control shall replace said Physio-Control Battery Pak(like for like)i.e.FASTPAK
for FASTPAK,FASTPAK2 for FASTPAK2,LIFEPAK SLA for LIFEPAK SLA,or LIFEPAK NiCd for LIFEPAK NiCd,
up to a maximum of 4 Physio-Control Battery Paks every two years(including prior Support Plan periods)per LIFEPAK® 12
defibrillator/monitor(listed on Schedule A). To assist in proper recycling and removal of low capacity batteries,
replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange.
Only batteries manufactured by Physio-Control are covered under this Service Agreement Any batteries manufactured by
other sources are expressly excluded from coverage under this Service Agreement Physio-Control cannot guarantee the
operation,safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections
performed under this Agreement meet original equipment manufacturer's product specifications only when operating with
a Physio-Control battery. Any repairs,as determined by a Physio-Control Service Representative,resulting from the use of a
non-Physio-Control battery,will be billed at our standard list prices for parts and labor,including actual travel charges
incurred.
Lifepak®12 Software Updates
•If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory
for Lifepak 12 units,at the customer's request,a Physio-Control Technical Services Representative will install Lifepak 12
software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection.
In addition during the term of this agreement,where an assembly such as a printed circuit board must be replaced in
order to install the new software,these assemblies may be purchased by the customer at a 50"/o discount off the current
list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled
inspection will be billed at$205 per unit per software update. The cost of the software update will be billed on a
separate invoice.
If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units,at the customer's request
a Physio-Control Technical Services Representative will install a Lifepak 12 software update at a discounted price of$205 per
unit per software update. In addition during the term of this agreement,where an assembly such as a printed circuit board
must be replaced in order to install the new software,these assemblies may be purchased by the customer at a 5001.discount
off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice.
•Discounts may not be combined with any other special terms,discounts and/or promotions.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 6 of 6
TECHNICAL SERVICE SUPPORT AGREEMENT M
PHSYIO-CONTROL
COPY
Contract Number.
End User# 00082202 Bill To# 00082202
CITY OF DANIA BEACH FIRE CITY OF DANIA BEACH FIRE
116 W DANIA BEACH BLVD 116 W DANIA BEACH BLVD
DANIA, FL 33004 DANIA,FL 33004
This Technical Service Support Agreement begins on 10/L/2008 and expires on 9/30/2009.
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 Terns and Conditions,rev 7199-1.
Price of coverage specified on Schedule A is $4,555.00 per term,payable in Quarterly installments.
Special Terns
17%DISCOUNT ON LP12 UPGRADES
Accepted: Physio-Control, c. Customer:C I ry OF D
By; By: -
Title: lVAAl P,97Z)
Date: 9- 9-20e9 Title: C/ rnaNALFE2
Date: q- 9 62
Purchase Order Number:
Territory Rep: EAVV57 Customer Contact:
Highland,Dustin Benjamin Rudbeck
Phone: 800-442-1142 x2156 Phone: 954.924.3725
i'
FAX: 800-772-3340 FAX: 954.921.0959
Reference Number. V57-2432 Renewal
Printed: 8/5/2008 Page I of 6
PHYSIO-CONTROL,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWALTERMS
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 Customer's 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 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"Repay'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 Customer's
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 8 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 rase
Physio-Control will provide aftemate 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 Customer's 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 Tern of this Technical Service Support Agreement,the price of Services shall be adjusted
accordingly.
Reference Number. V57-2432 Renewal
Printed: 8/5/2008 Page 2 of 6
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-Control's behalf during the Term of
this Technical Service Support Agreement or for one(1)year following its expiration without Physio-Controfs 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 costs and expenses incurred by the prevailing party related to the
enforcement of its rights under this document,including reasonable attorney's fees,shall be reimbursed by the other party.
..............................................................................................................................................................................
....................................................................................END.............................. .....................................................
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 3 of 6
PHYSIO-CONTROL,INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Highland, Dustin, EAVV57
District GULF COAST
Phone: 800-442-1142 x2156
FAX: 8DO-772-3340
Equipment Location: CITY OF DANIA BEACH FIRE,00082202
116 W DANIA BEACH BLVD
DANIA,FL 33004
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 13200090 7 10/1/2008 9/30/2009 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
LIFEPAK®12 VLP12-02-001490 12994552 5 10/l2008 9/30/2009 1
LIFEPAK8 12 VLP12-02-002936 31382224 6 10/12008 9/302009 1
LIFEPAKV 12 VLP12-02-000443 11893141 1 10/l2008 9/302009 1
LIFEPAK® 12 VLP12-02-000192 11490446 3 10/1/2008 9/302009 1
Scope Of Service Renewal POS 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 11372541 4 10/12008 9/302009 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11876636 2 10/12008 9/302009 0
"Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 4 of 6
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 10/1/2008 9/30/2009
Denotes an additional item line that has changed since the last contract revision or addendum.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 5 of 6
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK® 12 DEFIBRILLATOR/MONITOR
AC Power Adapter included when listed on equipment inventory(Schedule A).
DC Power Adapter included when listed on equipment inventory(Schedule A).
Defibrillator paddle repairs are included(excludes internal,sterilizable and pediatric paddles).
Communications and Patient cables are excluded.
PCMCIA Modems are excluded.
Therapy cables are excluded.
Sp02 Sensors are excluded.
Case Changes are excluded.
Discount of 17%from the field installed list price for any current and/or future available LIFEPAK®12 upgrade is
included when installed by Physio-Control Technical Services.
Discounts may not be combined with any other special terms,discounts and/or promotions.
Physio-Control Fastpak(&,Fastpak 2,Lifepak SLA and Lifepak NiCd Battery
Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the
operating instruction manual and to replace batteries that do not pass the conditions outlined under"Discarding/
Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly
discarded(recycled).
If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or
the Battery Pak age exceeds 2 years,Physio-Control shall replace said Physio-Control Battery Pak(like for like)i.e.FASTPAK
for FASTPAK,FASTPAK2 for FASTPAK2,LIFEPAK SLA for LIFEPAK SLA,or LIFEPAK NiCd for LIFEPAK NiCd,
up to a maximum of 4 Physio-Control Battery Paks every two years(including prior Support Plan periods)per LIFEPAK(& 12
defibrillator/monitor(listed on Schedule A). To assist in proper recycling and removal of low capacity batteries,
replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange.
Only batteries manufactured by Physio-Control are covered under this Service Agreement. Any batteries manufactured by
other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the
operation,safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections
performed under this Agreement meet original equipment manufacturer's product specifications only when operating with
a Physio-Control battery. Any repairs,as determined by a Physio-Control Service Representative,resulting from the use of a
non-Physio-Control battery,will be billed at our standard list prices for parts and labor,including actual travel charges
incurred.
LifepakV l2 Softrvare Updates
If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory
for Lifepak 12 units,at the customer's request,a Physio-Control Technical Services Representative will install Lifepak 12
software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection.
In addition during the term of this agreement,where an assembly such as a printed circuit board must be replaced in
order to install the new software,these assemblies may be purchased by the customer at a 50%discount off the current
list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled
inspection will be billed at$205 per unit per software update. The cost of the software update will be billed on a
separate invoice.
If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units,at the customer's request
a Physio-Control Technical Services Representative will install a Lifepak 12 software update at a discounted price of S205 per
unit per software update. In addition during the term of this agreement,where an assembly such as a printed circuit board
must be replaced in order to install the new software,these assemblies may be purchased by the customer at a 50°/u discount
off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice.
Discounts may not be combined with any other special terms,discounts and/or promotions.
Reference Number: V57-2432 Renewal
Printed: 8/5/2008 Page 6 of 6
1 i