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R93-65RESOLUTION NO. A RESOLUTION OF THE CITY CO¥~ISSiON OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A EXTENDED SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ~{ATRIX MEDICAL, INC., PROVIDING FOR REPAIR SERVICES FOR OUR MATRIX EKG MONITOR/DEFIBRILLATOR, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City City of Boynton Beach, deems it to be in the best the citizens and residents of the City to execut Contract providing for repair services for our Matrix illator. THEREFORE, BE ITl BY THE CITY COMMISSION OF Section 1. The City ~omm/ssion of the City of Boynton Beach, Florida, does hereby authorize and direct the Mayor and City ~lerk tO execute the Co~trac~ With Matrix Medical, Inc., hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ~ day of April, 1993. CITY OF BOY~TON BEACH, FLORIDA ? ~'dom~issi~r ATTEST: Ci~ Clerk (Corporate Seal) Commissioner Authsig.WP5 Matrix. EMS 4/2/93 MED!CAL ~599 LIFEDEFENSE PLUS - EXTENDED SERVICE AGREEMENT THIS EXTENDED SERVICE AGREEIvlENT I "Agreement"' is made as of the date set forth on the signature page hereoft"Effective Date"l between d'Customer"L as listed on signature page, and MATRX MEDICAL INC. ("Matrx"l. Customer and Matrx agree as follows: 1. Customer has purchased from Matrx one or more LIFEDEFENSE PLUS defibrillators and/or battery support systems bearing the serial numberlsl identified on Schedule A hereto teach such LIFEDEFENSE PLUS defibrillator is hereinafter referred to as a "LDP" and each such LIFEDEFENSE PLUS battery support system is hereinafter referred to as a "LDP Battery Support System"}. Sub~ecr to the terms and conditions of this Agreement. and the terms of the LifeDefense Plus Service Policy, Matrx will provide the maintenance and repair services specified in this Agreement with respect to each LDP and LDP Battery Support System for a period of one ( 1 ) year commencing on the Effective Date. 2. (a) The services ro be furnished by Matrx with respect to each LDP are as follows (check applicable program, if any): [~]LDP TIER I PROGRAM - tn addition to applicable warranty obligations Matrx will: (i) inspect, clean and calibrate each LDP up to a maximum of two t,mes: (ii) provide one new battery (iii) perforn~ all necessary repmrs without zharge for labor, provided, however, that Customer will pay for replacement parts: (iv) furnish Customer with loaner unit if LDP is unavailable as a result of service or repair by Matrx; and (v) pay all shipping and handling costs, if any, incurred with respecr to Matrx's service or repair of each LDP or provision of a loaner unit. CUSTOMER [~ LDP TIER II PROGRAM -In addition to applicable warranty obligations Matrx will provide the LDP Basic Program for each LDP and: (i) replace screen and paddles as necessary and (ii) furnish Customer with all applicable software updates. lb) The serwces to be furnished by Matrx with respect to each LDP Battery Support Svstem are as follows (check if applicable}: LDP BATTERY SUPPORT SYSTEM PROGRAM - In addition to applicable warranty obligations Matrx will: (i) mspect, clean and calibrate each LDP Battery Support System up to a maxtmum of two times; Iii) perform all necessary repairs without charge for labor, provided, however, that Customer will pay for replacement parts: and (iiil furnish Customer with loaner unit ifLDP Battery Support System is unavailable as a result of service or repair by Matrx. Notwithstanding anything else in this Agreement. Matrx shall not have any obligation to provide maintenance or repair servtces necessitated by misuse or abuse of any LDP or LDP Battery Support System. 4. This Agreement ts applicable only to each LDP and LDP Battery Support System identified on Schedule A hereto and shall nor create anv obligations with respect to any other unit. 5. This Agreement (i) constitutes the entire agreement between Matrx and Customer with respect to the subject matter hereof and supersedes all prior agreements, representations and warranties, whether written or oral. and (ii} shall be governed, construed and enforced in accordance with the internal laws ~/~of the State of New Y~-rk without regard to principles of conflicts of laws. ~599 In consideration of Matrx's agreement to provide Customer with the maintenance and repmr services specified in this Agreement. Customer shall pay to Mattx upon execution of this Agreement: Check 91304093 91304094 91304095 LDP Basic Program: units x $595 per unit LDP Complete Program: units x $795 per unit LDP Battery Support System: units x $120 per unit Total =$ =$ =$ $ IN WITNESS WHEREOE Matrx and Customer have executed this Agreement as of the date written above. MATRX MEDICAL INC. Service Department By Effective Date MAT~ ~VlEDICAL INC. Accg~'~-.epres~ive Customer CITY OF BOYN21~ BEACH Date APPd:B 8, 1993 SCHEDULE A SERIAL NUMBERS A. LIFEDEFENSE PLUS DEFIBRILLATORS: B. LIFEDEFENSE PLUS BATTERY SUPPORT SYSTEM SAKES