R91-193RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A RENEWAL SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PHYSIO-CONTROL CORPORATION; A
COPY OF SAID AGREEMENT IS ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
?lorida, upon the recommendation of staff, deems it to be in the
)est interest of the citizens and residents of the City to enter
into a renewal Agreement between the City of Boynton Beach,
Florida and Physio-Control Corporation.
NOW, THEREFORE, BE IT RESOLVED.BY THE CITY CO~ISSION OF THE
ClTY'OF ~yNToN BEACH, FLORIDA THAT.
Section i. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor and City
%lerk to execute the renewal Agreement between the City of
Boynton Beach and Physio-Control Corporation, a copy of which is
~ttached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this ~_~ day of~z~_~, 1991.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST
Cit~ Cle~
(Corporate Seal)
EMS.AGR
11/14/91
PHYSIO-CONTROL CORPORATION
SERVICE AGREEMENT
This Agreement is between Physio-Control Corporation CPhyalo-Control"), n Delaware Corporation,
with its principal. . office in Redmond, Washington and City Of Bo.
CCustomer") vnth ars office at~,~FL. . y ton Beach F~re Dept.
SERVICES
This Agreement covers the performance by Physio-Control Service Representatives of either
pecified in the attached Specific Conditions, for
Agreement. If the unmber, type of
~reement~ the price and
the'changes~
DOCUMENTATION
LOA1V~R EQUIPMENT
Customer at the completion of each service call
the serv/CeSrparforme&
EXCLUSIONS
In a
~n~L
it from service for repairs, the
a~ loaner unit, if, an appropriate loaner unit is
The
liabiliW for maintaining the loaned equipment in the
the Customer's fatality and for its return to Physio-Control
: instructions upon receipt by the Customer
and limitations set forth in the attached Specific Conditions, this
Supply or repair of accessories and/or disposables (e~, patient cables, paper,
styli, etc.);
Repair of damage to a unit caused by misuse, abuse, abnormal operating
conditions, operator error, and/or acts of God;
Instruments that are, at the time of initial service by Physio-Control, found not
to have been in normal operating condition as of the date of this Agreement.
For any such instruments found in need of repair in order to return them to
normal operating condition, Physio-Control ~11 submit a cost estimate. If the
Customer does not authorize repair of the instrument, service in relation to
that instrument will not be ~hicluded in this Agreement, and Physio-Contral will
adjust the price to reflect the exclusion.
EMPLOyMENT
The Customer agrees that anyone performing services ou behalf of Physio-Control under this
Agreement shall not be employed or offered employment by the Customer during the period of this
Agreement and for one (1) year following its termination or expiration without the written
autho 'rtzation of Physio-Control.
DELAYS IN PERFORMANCE
of buy of its
regulation, order or directive,
INDEMNIFICATION
Physio-Control agrees to indenmify and hold harmless the Customer, its employees, and agents,
this Agreement to the
the
and hold
aris out claim, damage, or ~ the ·
employees or agents.
MOD CATPN OF AG v.P_ r
No change, modifica.tion, addition, Or amen_.d~ne.nt of thls .Agree...men~t sh~aH he valid
and~signed~i~y authorized representatives of physio-Control,and me ~usmmer.
Physio-Control, its
unless in writing
TERMINATION
Either party maylterminate thi~ Agreement uPon sixty (60)'days written notice to the other party. In
the event of such termination, the Customer'shall be su~bject to prorated Charges based on the length
of time the Agreement has been in force and the serVlc6s provided under the Agreement prior to its
tetanination.
NONASSIGNMENT
This Agreement may not he assigned in whole Or~ part or delegated by a party without the prior
written consent of the other party, and any attempted assignment or delegation without such prior
consent shall be of no force or effect, r
GOVERNING LAW
This Agreement shall be interpreted pursuant to and
f~ /~f_./~f . governed by the laws of the State of
ENTIRE AGREEMENT
This Agreement, including the Specific Conditions and Schedule A, (Inventory and Inclusions)
attached hereto; constitutes the entire Agreement between the parties and supersedes all other
~ ~e~.~: _.de?sions, letters, and understandings between the parties in relation to the services
covev~u Dy gills &grer. menL
Specific Conditions
REPAIR & INSPECTION AGREEMENT
Monday - Friday
8.~0 a.m~ - 5:00 p~n.
SERVICES COVERED BY THIS AGREEMENT:
This Agreement covers Repair and Inspection services for all instruments listed on Schedule A.
Repairs and inspection visits ave performed at the Customer's request and pre-dexignated site
M~nday through Friday from 8:00 a.m. to 5:00 p.m. (excluding Physio-Control holidays). Service
required outside of the specified Agreement cov~ hours Mil be provtded at physio-Control s the
current overtime ,labor rate (less 10%) and overtime rate. Each Repair or Inspection will consist of
such of the following as is determined necessary by a Physio-Control Service Representative:
a. All All parts included are subject to
Parts for
.for those parts.
instruments listed
under this Agreement (eg. accidental
: from the current list price
s only to parts used for the repair of
c. Travel is included for repair service visits;
d. Case changes are no___t included;
Additionally excluded are repair or replacement of items not originally
distributed or installed by Physio-Control;
INSPECTIONS:
ao
Testing the calibration of the instrument to determine whether it is within the
tolerances specified by the manufactureG
Checking the mechanical operation of the instrument to determine if it is
operating in accordance with the applicable .manufacturer's specifications;
Output measurement verifications as appropriate, such as for ESU and
defibrillator units, to determine whether the output measurements are
consistent with the applicable manufacturer's specifications;
Performance of an electrical safety check in accordance with National Fire and
Protection Guidelines, except as to frequency of the check which is determined
by the Customer;,
e. Travel is included at the frequency listed on Schedule
The Physio-Control Service Representative will provide the Customer with a copy of a report at the
conclusion of ench inspection and or repair visit. The Report will note the inspection results and the
applicable repair action taken or recommended along with a list of any parts and material replaced.
SCHEDULING OF SERVICES:
Inspection visits will be scheduled by Physio-Centeol's Service Representative in advance with the
designated representative of the Customer. It is the Customer's obligation to insure that units are
available at the scheduled inspection time. Units not made available at the scheduled iusl~tio~ time
will be listed in the report completed by Physio~Cont~al's Service Representative and will be inspected
at the next scheduled inspection date unless alternative arrangements are made. Any alternative
arrangements may include special charges. There will be no refund of any portion of the Contract
Price in any such case.
This Agreement shah begin..11-01.91 and continue through I0-31-92.
PRICING TERMs AND CONDITIONS:
The price for the services set forth in this Agreement is $3,924.00 per YEAR, payable in ..FOUR
installments Of $981.00 by the Customer upon receipt of Physio-Cantrnl's invoice. Payment terms
are net thirty (30) days. In addition to the designated price, the Customer shall pay, or reimburse
Physio-Control an amount equal to, any taxes, however designated, except nay taxes measured solely
by the net profit of Physio-Control. The price of tiffs Agreement is based u~on the attached Inventory
(Sehedule A). If the number and or model ofinstrnments is altered during the contracted period, the
price of t/~s Agreement is subject to adjustment. The Price and Payment provisions of this
Agreement are subject to the approval by Physio-control of the credit condition of the Customer.
PHYSIO-CONTROL
T~TLE.'... District Serviee
DATE.'. October 15, 1991
SVC REP:., Mike Vargas
RCD #: 1~
A~lress: ~a-Ceatrol Corporation
.11811 Willows Road Northeast
Post Office Box 97048
CUSTOMER
Ar line ~feiner
TrrLE: Mayor
DATE: ~--,~2~,
PHONE:.~r ) 7~ - 7~
A~ Ci~
150 E. Bo~n ~ch Blvd.
.Redmond, WA 98073-9748
LIFEPAK~ 5 def~.brJ, tlator/monJ.~:or
Batteries are included as necessary, up to 4 per monitor/defibrillator combination per year.
· ' ' ' I exclude,d i.e. pediatric and a~te~o~r
Paddle repaws are included. (Padd e attachments are , ~ . ~ :
paddle attachments.)
* Batteries~are n~t hicluded.
Batteries are not/ncluded.
LIFEPAI~ 10 deftb~illaeo~/monito~/pace~
Batteries are included aS necessary, up to 4 per unit.
Paddle repairs areincinded. (Paddle attachments are excluded; i.e, pediatric and anterior
paddle attachments.)
Case changes are n___oot included.
Auxiliary Power ~upply is ~ot included unless shown on equipment inventory. (Note: there is
an additional charge for adapter coverage).
Pacing cables aren~ included.
TEC~N I CAL SERVICE
REGI~01 EASTERN DISTRICT S SOUTI~ERN
SER¥ COHTRACT L~OE BID/S020~
COH'f,.~,~; EFFECTIVE DATE 11/01/~'1
CONTRACT EXPIRATION DATE 10/51/92
LAST UPDATE DATE 10/16/91
LINE
NO PART NUMBER PART DESC ~1
01 WARE EXP 12/91
02 RR EXP 1/92
SRVC REP $57 W PALM BEACH
DATE 10/15/91
TIME 13:33:17
PAGE I
CUSTCPIER NUMBER 26097 CONTRACT TYPE
CUSTCIqER NAME INDZAN RIVER COUNTY EM~ CONTRACT TYPE
STREET ADORESS 1840 25TH ST STATUS ~OOE
CITY,STATE,ZIp VERO BEACH FL 32950-0000
W/PACE $TD EN UL
U/PACE STD ER UL
115V EB CSA
11
14
col?M~r TTI~ Z
;11-15-9I ; 8:55,'
6oynto,~ I~ch fax;it
CFI~ O~ aot~O.~ D~P,~ ~
Telephone: 206.867.4000
Fax 206,867,4537
October 15, 1991
ATTN: Mr. Jim Ness
City Of Boynton Beach Fire Dept.
150 E. Boyaton Beach Blvd.
Boyntou Beach, ~ ~435
Dear Mr. Ness:
Our records show the service agreement on your Physio-Control equipment is due to expire in the
near future.
Enclosed YrOu will find a renewal agreemem ~'or rids
approval, Please si it equipment. If '
gn and return · . th~s renewal ·
You ma k the entire set, cea em · m_eets w~th your
y eep the copy marked "CUSTOMER COPy~ f~oreyo~r ~es?ur ofl~ce m the eaeiosed envelope.
lfyou have any questions regarding this information, please contact me at 407/832-0423.
Sincerely,
PHYSIO-CONTROL CORPORATION
Mike Vargas
Technical Services Representative
PHYSIO-CONTROL CORPORATION
SERVICE AGREEMENT
Th ........... Dk..~:~ ~ontrol Co~orafion CPhysio-Controi"), a Delaware Corporation,
with its principal office in Redmond, Washington and City Of Boynton Bench Fire Dept.
CCnstomer~ with its office at Boynton Beach, FL.
SERVICES
This Agreement c~vers the performance by Physio-Control Service Representatives of either
~ of
DOC rA o
he Completion of each service call
LOANER EQUIPMENT
If the Service R6presentative needs to remove a Physio-Control unit from service for repairs, the
Service Representative will make arrangements for a loaner unit, if an appropriate loaner unit is
available, that may.be used until the removed unit is repairgd .b~ p. hys~o-Control~ ~and rett~r~ ed- The
Customer assumes complete responsibility and ]iabilityf°r m~intalning the loaned equipment in the
same condition it was in when placed in the Cnst0mer?~ facility and for~its return to Physio-Control
in accordance with .Physio-Control's packing and shipping instructions upon receipt by the Customer
of the Customer's repaired unit.
EXCLUSIONS
In addition to any exclusions and limitations set forth in the attached Specific Conditions, this
Agreement shall not cover:.
a. Supply or repair of accessories and/or disposables (e.g, patient cables, paper,
styli, etc.); ~
b. Repair of damage to a unit caused by misuse, abuse, abnormal' operating
conditions, operator error, and/or acts of God;
c. Instruments that are, at the time of initial service by Physio-Control, found not
to have been in normal operating condition as of the date of this Agreement.
For any such instruments found in need of repair in order to return them to
normal operating condition, Physio-Control will submit a cosl estimate. If the
Customer does not authorize repair of the instrument, service in relation to
that instrument will not be included in this Agreement, and Physio-Control will
adjust the price to reflect the exclusion.
EMPLOYMENT
The Customer agrees that anyone performing services on behalf of Physio-Control under this
Agreement shall not be employed or offered employment by the Customer during the period of this
Agreement and for one (1) year following its 't~rmination or expiration without the written
authorization of Physio-Control.
DELAYS IN PERFORMANCE
Neither party shall be responsible for failure to perform or delay Mn performance of any of its
obligations due' to an act of God, War, riot, rebellion, insurrection, ~plosion, flood, storm, fire,
earthquake, strike, lockout, labor dispute, labor shortage, inj~inction, governmental act, rule,
regulation, order or directive, orthe order of any court of competent jurisdiction.
Physio-Control warrants its service, s. performed pursuant to this Agreement against defective
p,uL pmc~cu or serwcco mils oecause of defective workmanship within that period, Physio-Control
will promptly reserviee the unit and/or replace, without additional charge to the Customer, an3~
repaired parts proving defective, so long as Physio-Control receives notice within ten (10) business
days of the ninety day warranty period expiration. THE REMEDIES SET FORTH IN THIS
LIMITED WARRANTY SHALL BE THE ONLY REMEDY AVAILABLE TO ANY PERSON.
PHYSIO-CONTROL SHALL NOT BE LIABLE TO ANY PERSON FOR ANY MEDICAL
EXPENSES OR ANY
ANY DEFECT~ FAILURE, OR MALFUNCTION, WHETHER A
BASED UPON WARRANTY~ CONTRACT, TORT OR
AUTHORITY TO BIND
AUTHORIZED REPRESENTAT
WARRANTIES THAT EXTEND
~TH]
HAS ANY
ERENT
~BYAN
~TH~RE ARE NO
INDEMNIFICATION
Physio-Control agrees to indemnify and hold harmless the Customer, its employees and agents,
against judgments and expenses (including reasonable attorney's fees) arising out of liabilities,
claims, damages, and losses alleged to have resulted from the servicing of instruments covered by
this Agreement io the extent that such liability, claim, damage, or loss is caused solely by the
negligence of Physio-Control, its employees, or agents. The Customer shall indemnify and hold
harmless Physio-control against judgments and expenses, (including reasonable attorney's fees)
arising out of liability, claim, damage, or loss not caused by the negligence of Physio-Control, its
employees or agents.
MODIFICATION OF THE AGREEMENT
No change, modification, addition, or amendment of this Agreement shall be valid unless in writing
and signed by authorized representatives of Physlo-Control and the Customer.
TERMINATION
Either party may terminate this Agreement upon sixty (60) days written notice to the other party. In
the event of such termination, the Customer shall be subject to prorated charges based on the length
of time the Agreement has been in force and the services provided under the Agreement prior to its
termination.
NONASSIGNMENT
This Agreement may not be assigned in whole or in part or delegated by~a party without the prior
written consent of the other party, and any attempted assignment or delegation without such prior
cansent shall be of no force or effect.
GOVERNING LAW
and governed by the laws of the State of
ENTIRE AGREEMENT
This Agreement, including the Specific Conditions and Schedule A. (Inventory and Inclusions)
all other
Specific Conditions
REPAIR & INSPECTION AGREEMENT
Monday - Friday
8.'~ a.m. - $:00
On-Site
SERVICES COVERED BY THIS AGREEMENT:
TRehiS _.~.e~m.ent co~ers .Re_pair and Inspection services for all instrnments listed on Schedule A.
epa~rs ann mspectton ws~ta are performed at 'the Customer's request and Pre-designated site
Monday through Friday from 8:00 a.m. to ~ p.m. (excluding Physio-Control holidays). Service
required outside of the specified Agreement coverage hours will be provided at Physio-Control's then
current overtime labor rate (less 10%) and overtime rate. Each Repair or Inspection will consist of
such of the following as is determined necessary by a Physio-Control Service Representative
REPAIR:
All repair parts and materials are included. All parts included are subject to
the Exclusions as defined in this Agreement;
Parts for repairs that are not covered under this Agreement (eg., accidental
damage), will be made available at a 15% discount from the current ~Iist price
for those parts. This discount applies only to parts used for the repair of
instruments listed on Schedule A;
c. Travel is included for repair service visits;
d. Case changes are no___t included;
INSPECTIONS:
Additionally excluded are repair or replacement of items not originally
distributed or installed by Physio-Control;
Testing the calibration of the instrument to determine whether it is within the
tolerances specified by the manufacturer;,
Checking the mechanical operation of the instrumenl to determine if it is
operating in accordance with the applicable manufocturer's specifications;
Output measurement verifications as appropriate, such as for ESU and
defibrillator units, to determine whether the output measurements are
consistent with the applicable manufacturer's specifications;
Performance of an electrical safety check in accordance with National Fire and
Protection Guidelines, except as to frequency of the check which is determined
by the Customer,
REPORTS:
Travel is included at the frequency listed on Schedule A.
The Physio-Control Service Representative will provide the Customer with a copy of a report at the
conclusion of each inspection and or repair visit. The Report will note the inspection results and the
applicable repair action taken or recommended along with a list of any parts and material replaced.
sCHEDULING OF SERVICES:
Inspection visits will be scheduled by Physio-Control's Service Representative in advance with the
designated representative of the Customer. It is the Customer% obligation to insure that units are
available at the scheduled inspection time. Units not made available at the scheduled inspection time
Pt, ire in any such Ca~e..
This Agreement shall begin 11~01-91 and continue through 10-31-92.
PRICING TERMS AND CONDITIONS:
The price for the services
a in this Agreement is $3,924.00; per YEaR, payable in FOUR.
upon receipt of Physio-Control*s invoice. Payment terms
e Customer shall pay, or reimburse
f taxes, however designated, except any taxes measured solely
1. The price of this Agreement is based upon the attached Inventory
tumber and or model of instruments is altered during the contracted period, the
price of this Agreement is subject to adjustment. The Price and Payment provisions of this
Agreement aresubject to the approval by Physio-Control of the credit condition of the ,Customer.
PHYSIO-CONTROL
TLE: District Service Manager
DATE: October 15,1991
SVC REP: Mike Vargas
CUSTO~iER
TITLE: Mayor
DATE: '~-~-,';f~ /-~.- /~/
PHONE:(~//~ ) 7~ .
RCD #: 19
Address: Physio. Control Corporation
11811 Willows Road Northeast
P.O.#:
Address: City Of Boynton Beach Fire DepL
150 E. Boynton Beach Blvd.
Post Office Box 97048
R~dmond, WA 98073-9748
Bovnton Beach~FL 33435
PHYSIO-CONTROL CORPORATION
TECHNICAL SERVICES
BIOMEDICAL SERVICES AGREEMENT
LIFEPARg 5 de£tbr~ 1 1 ~ e. or/~ao, ~
* Batteries are included ~s necessary, up to 4 per monitor/defibrillator combination per year.
* Paddle repairs are included. (Paddle attachments are excluded i.e. pediatric and anterior
paddle attachments.)
* Case changes are not included.
LIFEPAKO 5 Standard Ba~zi:ery Charger
* Batter~ are no_~t included.
PHYSIO-CONTROL® Battery Support gya~:~.m
Batteries are not included.
LIFEPAK~ 10 defibrillator/monitor/pacer
* Batteries are included as necessary, up to 4 per unit.
* Paddle repairs are included. (Paddle attachments are excluded; i.e., pediatric andanterior
paddle attachments.)
case changes are n__o_ot included-
Audi. ~'liary Power Supply is not included unless shown on equipment inventory. (Note: there is
an ~dditib~.h~l charge for adapter coverage).
Pacing cabges are not included.
S, JOS{*PBYS,~O-C~NTROL CUSTOHER CONTRACT INVENTORY REPORT DATE 10/15/91 . .
TIME 13.'33:17 PAGE 1
TE~NI CAL SERVICE
SERV/CE CONTRACT CaDE BID/S02043
CONTRACT EFFECTIVE OATE 11/01/91
CONTRACT EXPZRATIOM DATE 10/'51/92
LAST UPDATE DATE 10/14/91
LINE
NO PART tIUHBER PART DE'SC #1
13 9-00285-08 LP 5 DEF~B
14 9-00285-08 LP 5 DEFII~
15 9-00285-08 LP 5 DEF[B
21 9-0028/+-09 LP 5 DRARGER
22 9-Q0~84-09 LP 5 CHARGER
24 9-00284-09 LP 5 CHARGER
25 9-002~-~09 LP 5 CHARGER
26 9-0~2~/*-09 LP 5 C~RGER
27 9-00~-~9 LP 5
2S 9-002~-09 LP 5
01 NARR EXP 12/91
02 WARR EXP 1/92
CUSTORER NLIHBER 26097
CUSTOHER MAHE INDIAR RIVER COUNTY EH$
STREET ADDRES~ 18/+0 ZSTN ST
SER [AL MEDICAL
PART DESC ~ NUP. BER ID NO
0~3797
053606
054993
04666?
0/.7147
~3~
0551~0
~3~4
0~474
~2278
~0
0~0
0~191
03~15
0~2
029321
01~7
00~29
00~4~5
001~7
~1~2
001~
U/PACE STO EN UL 0071~
N/PA~ STD EN UL ~0
115V E~ C~ 0~9
CONTRACT TYPE 1
CONTRACT TYPE 2
STATUSCOOE
B
*COOES* FOOT
HAkUFACTU~ER SA PH SC NOTE
CUITCI~E ~
DISTRICT $ SO~i4~Ud SfAC
DATE 10/'1~J't
rile IS:5~12 PAM I
STIt~T At)DREI~ $~0 E IOYk"TCif ~ ITAT'IJS ~ A
CI?Y,$TA?T,ZIP i~#?~ I~CII Fi. 33,~TS-OOGO
~ O~ BO~ BEACH FIRE
~ _,~',AII b~: tn~s'~od p~lr~mmt t~ and goy~r,~cql 1~ ~b~ State o~