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R01-185RESOLUTION R 01- tl~5- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIVE (5) YEAR SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND MEDTRC)NIC PHYSIO-CONTROL CORPORATION FOR THE REPAIR AND PREVENTATIVE MAINTENANCE OF SIX (6) LIFE PACK 12 MONITOR DEFIBRILLATORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida, upon recommendation of staff, desires to enter into a service agreement with Medtronic PhysiO-Control Corporation, for a five year period at a fixed amount, subject to yearly budget appropriations; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Service Agreement between the City of Boynton Beach, Florida and Medtronic Physio-Control Corporation, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this (E day of May, 2001. CITY OE BOYNTON B.B/~CH, FLORIDA Commissioner Commissioner Medtronic Physio-Control Co mY TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: PHYSIO-CONTROL End User # 03593602 CITY OF BOYNTON BEACH PUBLIC WORKS COMPLEX 222 NE 9TH AVE BOYNTON BEACH, FL 33435 Bill To # 03593601 CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD PO BOX 310 BOYNTON BEACI-[ FL 33435 This Technical Service Support Agreement begins on 4/1/01 and expires on 3/31/06. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Support 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 Medtronic Physio-Control Corp.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $37,256.47 per term, payable in Annual installments. pecial Terms PRICE INCLUDES TWO LP12 LIMITED CASE CHANGES SERVICE AGREEMENT PAYABLE IN 5 ANNUAL INSTALMENTS OF 7,451.29 SUBJECT TO YEARLY COMMMISSION BUGET APPROPRIATIONS APPROVAL. Accepted: MEDTRONIC PHYSIO-CONTROL CORP. Title: ?7( t. ,.~ -~u6 7-~cl4 ' Date: o 2 : d or Customer: ~y: Title: Mo,,to Date: Purchase Order Number: Territory Rep: DARREN LOGOZZO Phone: 800442-1142 X2743 FAX: 800-772-3340 Customer Contact: CHIEF JIM NESS Phone: 561-742-6333 FAX: 561-742-6334 Reference Number: S63-1097 Renewal 3113/01 MEDTRONIC PHYSIO-CONTROL CORP, TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B ~.IFEPAK® 12 DEFIBRILLATOR/MONITOR · Battery Support System included when listed on equipment inventory (Schedule A). · Battery Support System 2 included when listed on equipment inventory (Schedule A). · AC Power Adapter included when listed on eqmpment inventory (Schedule A). · DC Power Adapter included.when listed on eqmpment inventory (Schedule A). · Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles). · Communications and Patient cables are excluded. · PCMCIA Modems :are excludeck · Therapy cables are excluded. · SpO2 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 Medtronic Physio-Control Technical Services. · Discount of 17% from list price for any Medtronic Physio-Control® Data Managemem product is included. Medtromc 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 Medtronic Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shah replace said Medtromc ...... 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 Medtronic 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 Medtronic Physio-Control and must he returned at the time of exchange. Lifepak~ 12 Software Updates · ff combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory for Lffepak 12 units, at the customer's request, a Medtromc Physio-Control Technical Services Representative will install Lffepak 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 75% 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. · ffRepair-Only services are designated on the Service Order inventory for Lffepak 12 units, at the customer's request a Medtronic Physio-Control Technical Services Representative will install a Lffepak 12 software update at a discounted ~rin. teaCe o,f $.205. _per unit per software update. In addition during the term of this agreement, where an assembly such as a curcmt board must he replaced ia order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice. Schedule B Page 1 04/27/2001 k0:25 FAX ~ 002 I~lwe, Nicholas To Ness. Jim review of Service Contract with Physio [ have reviewed the above contraCts and would recommend that the following words be inserted into the: c..__._.. '"1~i~ agreement is subject to yearly appropriations of budgetary funds by the City Commission. Notwithstanding any provisions of this agreement, this agreement shall a ,utomatically terminate, with not[ce provided to the service provider as provided under 'q'ermination" paragraph of the agreement should the City Commission at Its sole diSCretion elect not to appropriate funds for this service / /~ontract," ! am sending the original contracts through regular mail to you. 04/27/2001 10:24 FAX ~001 pHYSIO-CONTROL Medtronic Physio.Control Corp. ttSt~ Willows Road NE P,O. Box 97048 Redmond, WA 98073-9748 USA www,physiocontrol.com ~a, ww.medtronic.com FX: 425-867-4537 TELECOPY TRANSMITTAL DATE: TO: ATTN: F.o : sumect: MES~dIGE/COMMENT$: "Tv'C, ~1 PAGE 1 OF , IF YoU DO NOT RECEIVE ALL ~aoes, ~Lease caul as soo~ as ~ossmte. contact: '~e ~ i P, one.. (4zs) ~6 ~r' c/~-O When L~ De-penal; on Medical Te, chn-olog'r' t