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R11-042 . . r 1 RESOLUTION NO. Rll- 0,/ ~ 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 i CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 THE RENEW AL OF THE CARDIAC 6 MONITOR/DEFIBRILLA TOR TECHNICAL SERVICE 7 SUPPORT AGREEMENT WITH PHYSIO-CONTROL, 8 INC., FOR MAINTENANCE AND REPAIR OF THE SIX 9 (6) LIFEPAK IS'S, SEVEN (7) LIFEPAK 12'S, TEN (10 10 BA TTERY SUPPORT SYSTEMS AND REPLACEMENT 11 BATTERIES; AUTHORIZING THE CITY MANAGER 12 TO EXECUTE THE FIVE (5) YEAR TECHNICAL 13 SERVICE SUPPORT AGREEMENT IN THE AMOUNT 14 OF $68,898.00; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, Boynton Beach Fire Rescue is committed to providing the highest level 19 of emergency response to the citizens of the Boynton Beach community; and 20 WHEREAS, it is imperative that the thirteen Lifepak cardiac monitor/defibrillators 21 are kept in reliable condition; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the citizens and residents of 24 the City of Boynton Beach, to approve the renewal of the five (5) year Technical Service 25 Support Agreement with Physio-Control, Inc.. for service and support of the six (6) Lifepak 26 15' s, seven (7) Lifepak 12' s, ten (10) battery support systems and replacement batteries for a 27 total contract price of $68,898.00 and to authorize the City Manager to execute the five (5) 28 year Technical Service Support Agreement with PhysiC}- Control, Inc. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 32 ratified and confirmed by the City Commission. S:\CA\RESO\Agreements\Reso - Cardia Monitor service Agreement (Medtronic-Physio control).doc I 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve the renewal of the five (5) year Technical Service Support Agreement with 3 Physio-Control, Inc., for service support of the six (6) Lifepak 15' s, seven (7) Lifepak 12' s, 4 ten (10) battery support systems and replacement batteries for a total contract price of 5 $68,898.00 over the five year period. 6 Section 3. The City Manager is authorized to execute the five (5) year Technical 7 Service Support Agreement with Physio-Control, Inc., for service, a copy of which is 8 attached hereto as Exhibit "A". 9 Section 4. This Resolution shall become effective immediately upon passage. _-!b.. 10 PASSED AND ADOPTED this ~ day of April, 2011. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 -," 17 18 19 20 21 22 23 24 25 26 27 Commissioner - Steven Holzman 28 ATTEST: . 29 m.P~ 30 31 32 33 34 35 36 greements\Reso - Cardia Monitor service Agreement (Medtronic-Physio control).doc I R 11- 04 a.... TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User # 03593602 Bill To # 03593605 CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH PUBLIC WORKS COMPLEX FINANCE DEPARTMENT 222 NE 9TH AVE PO BOX 310 BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33425 This Technical Service Support Agreement begins on 4/1/20 II and expires on 3/31/2016. 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 $68,898.00 per tenn, payable in Annual installments. Special Terms lOO,1. DISCOUNT ON ACCESSORIES SUBJECT TO YEARLY COMMISSION BUOOET APPROPRlA TIONS APPROVAL. .:O"",'~~ -,'.- ~_._- By: - - Print: KIIRT RRESSN[R Date: Title: CITY MANAGER BOYNTON BEACH. Fl Date: -~,' -- -..--.---",- ~.___4 ~._-- -..- Purchase Order Number: Territory Rep: EA VV63 Customer Contact: Darren Logozzo EMSC MICHAEL LANDRESS Phone: 800-442-1142 x2743 Phone: 561-742-6333 FAX: 800-772-3340 FAX: 561-742-6334 APPRO Reference Number: V63-1446 Renewal Printed: 3/22/20 II Page 1 of 10 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS 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 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 "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. DOCUMENT A TION 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-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 payor 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: V63-1446 Renewal Printed: 3/22/2011 Page ,.d III 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-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. .............................................................................................................................................................................. ....................................................................................END.................................................................................... Reference Number: V63-1446 Renewal Printed: 3/22/2011 Page 3 of 10 PH 'y'SI()-CONTR (IL '\J( TECHNIC AL SER VICE SlJPPORT i\GREEMEN'r SCHEDULE A Contract Number: Servicing Rep: Darren Logozzo, f~A VV6, District: GU1~F COASl Phone: ROO-442-1142 x2743 FAX: ROO-772-3340 Equipment Location: CITY OF BOYNTON BEACH, 03593602 PUBLIC WORKS COMPLEX 222 NE 9TH AVE BOYNTON BEACH, FL 33435 Scope Of Service On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Insoections LlFEPAK@ 12 VlPI2.02-00S9R'i 13120770 4 4'1/2011 'V'11201f> " LIFEP AK()f 12 VIPI2.0Z-00'i9,) 1417x02.-' 4' I <20 II ~ I '20 \ t1 LlFEPAK@' 12 \lIPI2.02-110'i98' \4%444<; b 41'201 ) \1, 12016 LlFEPAK@ 12 VLP 12-02-00S98'i 3446391>.' 4il/2011 3/3112016 LIFEI' AKa<; 12 VLPI2.02-003IZ3 1 42'i407Y " 4/1/2011 .'/31'2016 L Scope Of Service Renewal POS On Site Repair - ] On Site Inspection per Year Ref Effective Expiration Total Model Part Number Serial Number Lme Date Date Insoections LIFEI' AKCR \2 \'LPI2-02-00312, ,0624X'i" j 4'1 ,201 i I'll '201h LIFEPAK(\<' 12 \/,1'12-02.00177.1 1,09XYOq 4,1,201 ! q ,2(iH) Equipment Location: CITY OF BOYNTON BEACH. 03593604 FIRE STATION NO 5 2080 HIGH RIDGE RD BOYNTON BEACH, FL 3342(-, Scope Of Service POS LP15 On Site Repair and 1 Insp per Year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial N lUn ber Line Date Date Insoections UFEPAK@ l'i VI 5-2-0000'i I ,9'4270Q 12 4/1/2011 '\."11,'2016 LlFEP AK(R' 1 'i \' 1 S-2-0000S J \9317"4; 13 41,2011 ~,:'I '2011> Scope Of Service Renewal POS LP15 5 Year On Site Rpr and 1 Ins per Yr:M-F/II-5 Ref. Effective Expiration Total Model Part Number Serial Numb~r Line Date LJate Insoections UFEr AKCR' 1 'i VI 1-2-000051 l,X 1 h/)'if,<) 8 4,1,2011 ;,'12016 1 JFEP AKCR 1 'i VI 5-2-00005 J <Xlhh'71 9 4.1''21111 -' 1'201h liFEr AKCR' IS \- 1'-2-000051 lX44)6114 10 41 21111 "I 20lh IIFEP AK@' 1 'i \ 1 5-2-0()OO) I ,X44)!14<> 11 ,~. 1.2111 i ill 20lh Reference Number: Vn3-144(, Renewal Printed: V22/20 I ] Page t lj ]( I 5 I PARTICIPANT DATA I October 1,2010 October 1, 2009 ACTIVE MEMBERS Number 148 151 Covered Annual Payroll $ 12,134,525 $ 12,537,968 Average Annual Payroll $ 81,990 $ 83,033 Average Age 36.4 35.8 Average Past Service 8.1 7.6 Average Age at Hire 28.2 28.1 RETIREES & BENEFICIARIES & DROP Number 91 88 Annual Benefits $ 3,812,891 $ 3,458,997 Average Annual Benefit $ 41,900 $ 39,307 Average Age 56.5 56.2 DISABILITY RETIREES Number 15 15 Annual Benefits $ 311,885 $ 311,885 Average Annual Benefit $ 20,792 $ 20,792 Average Age 60.0 59.0 TERMINATED VESTED MEMBERS Number 3 4 Annual Benefits $ 56,783 $ 87,127 Average Annual Benefit $ 18,928 $ 21,782 Average Age 42.6 43.5 GRS I - II ANNUAL REQUIRED CONTRIBUTION (ARC) il I I A. Valuation Date ( lctober! 2010 October 1. 2009 I I I ~ !1 B. ARC to Be Paid During !I Il Fiscal Year Ending 9/30/2012 9/30/2011 Ii ~ > I' e. Assumed Date of Employer Contrib. Biweekly Biweekly Ii Ii !1 ;j D. Annual Payment to Amortize ;/ " Unfunded Actuarial Liability $ 2,054,091 $ 1,902,222 11 il d E. Employer Normal Cost 1.895,893 1.931.395 il I'; F. ARC if Paid on the Valuation i: Ii Date: D+E 3,949,984 3,833,617 Ii II i II j I' G, ARC Adjusted for Frequency of 'I i .1 Payments I 4,107,983 3.984,010 II , I I I ~ i] ,78 0'0 I H. ARC as % of Covered Payroll I 33.85 % I 1. Assumed Rate of Increase in Covered j I, I' 1 \ ~ Payroll to Contribution Year I 4.00 % N/A %11 ! , J. Covered Payroll for Contribution Year I 12,619,906 12,577,637 * Ii Ii II K. ARC for Contribution Year: H x J I 4,271,838 3,997,173 II ! i II I L. Estimate of State Revenue in I II ! Contribution Year I 465,087 465,087 I ~ i M. Required Employer Contribution (REC) ! 1 ; in Contribution Year I 3,806,751 3,532,086 { I I N. REC as % of Covered Payroll in I I I Contribution Year: M J ! 30.16 % 28.08 Vi" I I * Estimated payroll for the year ending 2011 per the City's Finance Department. -- r'DC U Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: V63-1446 Renewal Printed: 3/22/2011 Page 5 of 10 MEDTRONIC EMERCiENCY RESPON"lI' ~YSTEMS P\l TECHNIC'AI SER VICE SIIPPOR I ,\(jR EEME'Nl SCHEDlIlE ./\ Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LP12/15/20 CASE CHG 1-9 i 411/201 1 ;/31/2016 ** Denotes an additional item line that has changed since the last contract revision or addendum Reference Number: V63-144h Renewal Printed: 3/22/2011 Page h ,)f 10 I PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK@ 12 (LP 12) DefibrillatorlMonitor Service includes: . Standard detachable hard paddle repairs . LP12 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then-current field-installed list price . All Physio-Control battery charging systems owned by contract end user, up to a one-for-one basis with the total number ofLP12 defibrillator/monitor's listed in Schedule A. . AC Power Adapter repair/replacement . DC Power Adapter repair/replacement . Replacement ofPhysio-Control FASTPAK@, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery, and LIFEPAK Li-ion Battery Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the Customer's responsibility and should be performed in accordance with the LP 12 Series Operating Instructions section entitled DiscardinglRecycling Batteries. Battery replacement is available upon completion of the second year of use on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A. Replacement batteries shall be like-for-like (i.e. F ASTP AK for F ASTP AK, LIFEP AK LI-ion for LIFEPAK LI-ion, etc.). One-for-one, like-for-like battery replacement is available prior to the completion of second year of use upon battery failure as determined by Customer's performance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled DiscardinglRecycling Batteries. During the Term ofthis Agreement, no-charge replacement for battery failure shall occur no more than four (4) times per two-year period for Physio-Control FASTPAK@, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery, and no more than three (3) times per two-year period for Li-ion batteries, regardless of any terms in prior Support Plans, Battery replacement is dependent upon Customer's notice to Physio-Control of the completion of the second year of use or battery failure as determined by Customer's performance testing and evaluation, At the discretion ofPhysio-Control, battery replacement shall be accomplished by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician, Upon Customer's receipt of replacement battery, the battery being replaced becomes the property of Physio-Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. If Physio-Control does not receive the battery Customer will be charged at the then-current rate for the replacement battery. Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under this Service Agreement. Physio-Control does not guarantee the operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-Control. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a battery manufactured by Physio-ControL Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standard list prices for parts and labor, including actual travel costs incurred. . LIFEP AK 12 Software Updates If combined Repair and Inspection services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will install LP 12 software updates at no additional cost, provided they are installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at the rate of $205.00 per unit per software update. The cost of such software update will be billed in a separate invoice, If Repair-Only services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will install aLP 12 software update at the rate of $205.00 per unit per software update, In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. The cost of such software update will be billed in a separate invoice. . Coin Cell Battery Replacement Reference Number: V63-1446 Renewal Printed: 3/22/2011 Page 7 of 10 PHYSIO-CONTR ()I. 11\.1. TECHN1CAI SER VICF SIIPPORT AGREEMENT -';CHEDI ill H . Coin Cell Battery Replacement Physio-Control will replace the internal coin cell battery according W Ihe number of such batteries listed in the Additional Items section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location the devices that will receive such battery replacement, and to provide to the Physio-Control Technical Services Representative access to those devices. Coin cell battery replacement will take place during the Term of this Agreement. according to the number of coin cell batteries listed in the Additional Items section of Schedule i\ LP [2 Defibrillator/Monitor Service does not IIlclude repmr or replacement of the following: . Internal, sterilizable and pediatric paddles . Sp02 sensors and cables . Communication cables . Therapy cables . Patient cables . PCMCIA modems . Case changes Discounts will not be combined with other special terms, discounts, and/or promotions. Reference Number: Vli3-144h Renewal Printed: 3/22/2011 Page ~. ,.11 j\l PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEP AK@ 15 (LP 15) DefibrillatorlMonitor Service includes: . Standard detachable hard paddle repairs . LP 15 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current field-installed list price . All Physio-Control battery charging systems owned by contract end user, up to a one-for-one basis with the total number ofLP15 DefibrillatorlMonitor's listed in Schedule A. . Power Adapter Physio-Control LIFEPAK@ 15 Battery Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the Customer's responsibility and should be performed in accordance with the LP 15 Series Operating Instructions section entitled DiscardinglRecycling Batteries, Battery replacement is available upon completion of the second year of use on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A. Replacement batteries shall be like-for-Iike (Le. LIFEPAK LI-ion for LIFEP AK LI-ion, etc.). One-for-one, Iike-for-Iike battery replacement is available prior to the completion of second year of use upon battery failure as determined by Customer's performance testing and evaluation in accordance with the LP 15 Operating Instructions section entitled DiscardinglRecycling Batteries. During the Term of this Agreement, no-charge replacement for battery failure shall occur no more than three (3) times per two-year period, regardless of any terms in prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the completion of the second year of use or battery failure as determined by Customer's performance testing and evaluation. At the discretion ofPhysio-Control, battery replacement shall be accomplished by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of replacement battery, the battery being replaced becomes the property of Physio-Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. If Physio-Control does not receive the battery Customer will be charged at the then-current rate for the replacement battery. Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under this Service Agreement. Physio-Control does not guarantee the operation, safety, andlor performance of our product when operating with a battery not manufactured by Physio-ControL Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a battery manufactured by Physio-ControL Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standard list prices for parts and labor, including actual travel costs incurred. . LIFEPAK@ 15 Software Updates If combined Repair and Inspection services are designated for LP 15 units listed in Schedule A, a Physio-Control Technical Services Representative will install LP 15 software updates at no additional cost, provided they are installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, Le" printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at a rate of $205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. If Repair-Only services are designated for LP 15 units listed in Schedule A, a Physio-Control Technical Services Representative will install a LP 15 software update at the rate of $205.00 per unit per software update. In addition, during the Term of this Agreement, where an assembly, i.e" printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. The cost of such software update will be billed in a separate invoice. LP 15 Defibrillator/Monitor does not include repair or replacement of the following: Reference Number: V63-1446 Renewal Printed: 3/22/2011 Page 9 of 10 PHYSI( }-CONT R( )l" IN( TECHNIC At. SER VICE SllppnR"r i\CTREEMENT SCHEDIILl- H LP 15 Defibrillator/Monitor does not include repair or replacement of th'e t() 110 \\ III!! . Internal, sterilizable and pediatric paddles . Communications cables . Therapy cables . Patient cables . Sp02 sensors . Case changes Discounts may not be combined with other special lenns. discounts and/or promotions Reference Number: V63- 1446 Renewal Printed: 3/22/20 II Page 111 "I" \ ()