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C7F-Execute Amendment To Technical Service Support Agreement w- Physio ControlCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager And City Clerk To Amend And Execute The Technical Service Support Agreement Between The City And Physic-Control, Inc. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: An automated external defibrillator (AED) and a LIFEPAK monitor/defibrillator are portable devices used by emergency medical personnel that monitor heart rhythm and, if needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as sudden cardiac arrest. The Fire Department has used, as its standard, Physic-Control AEDs and LIFEPAK monitor/defibrillator equipment exclusively for over twenty-five years. Standardization on one system is necessary for training and for purposes of consistency. Currently, the existing units are serviced under a Technical Service Support Agreement, authorized by Resolution No. 2010-27387 at a total cost of $134,866.33 for (5) years of coverage. The remaining balance on the agreement through September 30, 2015 is $60,824.28. Adding the nine (9) recently acquired units to the Technical Service Support Agreement will increase the cost by $10,975.27 through the current contract expiration date of September 30, 2015, for a new total of $145,841.61. This item seeks approval to amend the Technical Service Support Agreement in order to add nine (9) recently acquired AEDs and LIFEPAK monitor/defibrillator units. Physic- Control, Inc., the manufacturer of LIFEPAK AED and monitor/defibrillator units, is the only source from which to obtain maintenance services for AED units and related items. The Administration recommends that the Mayor and City Commission adopt the attached resolution authorizing the City Manager and City Clerk to amend and execute the Technical Service Support Agreement between the City and Physio-Controllnc., adding coverage for nine (9) recently acquired AED and monitor/defibrillator units through the contract expiration date of September 30, 2015. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount e 1 $10,975.27 011-1220-000325 2 I Total $10,975.27 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Assistant KGB A\2014January15\Amend Technical Summary.doc anager Account er Agreement J MIAMI BEACH 182 AGENDA ITEM __ C_7L....L...F---;-; DATE /-/~/f MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, AUTH RIZING THE CITY MANAGER AND CITY CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHYSIO CONTROL, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase community satisfaction with City government FUNDING Account No. 011-1220-000325-$10,975.27 BACKGROUND INFORMATION An automated external defibrillator (AED) and a LIFEPAK monitor/defibrillator are portable devices used by emergency medical personnel that monitor heart rhythm and, if needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as sudden cardiac arrest. The Fire Department has used, as its standard, Physic-Control AEDs and LIFEPAK monitor/defibrillator equipment exclusively for over twenty-five years. Standardization on one system is necessary for training and for purposes of consistency. Currently, the existing units are serviced under a Technical Service Support Agreement, authorized by Resolution No. 2010-27387 at a total cost of $134,866.33 for (5) years of coverage. The remaining balance on the agreement through September 30, 2015 is $60,824.28. Adding the nine (9) recently acquired units to the Technical Service Support Agreement will increase the cost by $10,975.27 through the current contract expiration date of September 30, 2015, for a new total of $145,841.61. This item seeks approval to amend the Technical Service Support Agreement in order to add nine (9) recently acquired AEDs and LIFEPAK monitor/defibrillator units. Physic-Control, Inc., the manufacturer of LIFEPAK AED and monitor/defibrillator units, is the only source from which to obtain maintenance services for AED units and related items. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution authorizing the City Manager and City Clerk to amend and execute the Technical Service Support Agreement between the City and Physio-Controllnc., adding coverage for nine (9) recently acquired AED units through the contract expiration date of September 30, 2015. T:\AGENDA\2014\January15\Procurement\AmendTechnicaiServiceSupportAgreementPhysioControl-MEMO.doc 183 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHYSIC CONTROL, INC., TO ADD FOUR (4) LIFEPAK 15S AND FIVE (5) LIFEPAK 10005 DEFIBRILATORS TO THE MAINTENANCE CONTRACT, IN THE ADDITIONAL AMOUNT OF $10,975.27. WHEREAS, the Fire Department has used defibrillators/monitors and Automated External Defibrillators (AED's) manufactured by Physic-Control Inc., for over twenty-five years; and WHEREAS, Physic-Control Inc., continues to be the only source from which to obtain the LIFEPAK defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices and services; and WHEREAS, to protect the City from excessive maintenance costs, the City also entered into an annual Technical Service Support Agreement with Physio-Control Inc., the manufacturer for the past twenty years; and WHEREAS, the executed amendment extended the term of the Agreement until September 30, 2015, and included additional devices to the maintenance contract; and WHEREAS, on May 12, 2010, the Mayor and City Commission authorized, pursuant to Resolution No. 2010-27387, an amendment to the Technical Service Support Agreement with Physic-Control, Inc.; and WHEREAS, the City needs to amend the current Technical Service Support Agreement once again in order to add four (4) LIFEPAK 15s and five (5) LIFEPAK 1000s to the maintenance contract; and WHEREAS, the current cost of the five (5) year Agreement is $134,866.33, payable in annual installments through the Agreement expiration date of September 30, 2015; and WHEREAS, the additional equipment will increase the service support amount by $10,975.27, through the Agreement expiration date of September 30, 2015, to a new total of $145,841.61: NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager and City Clerk to execute an amendment to the Technical Service Support Agreement between the City and Physio-Control, Inc., adding coverage for an additional four (4) LIFEPAK 15s and five (5) LIFEPAK 1000s, in the amount of $10,975.27, for a new total Technical Service Support Agreement amount of $145,841.61. PASSED AND ADOPTED this ___ day of ____ 2014. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\January15\Procurement1Amend Technical Service Support Agreement PhysioControl-RIJ5!88Q~D AS TO FORM & LANGUAGE & FOR EXECUTION 184 TECHNICAL SERVICE SUPPORT AGREEMENT ADDENDUM Contract Number: PB15B041 End User# 02760002 Bill To# 02760002 PHYSIO CONTROL CITY OF MIAMI BEACH FIRE & RESCUE CITY OF MIAMI BEACH FIRE & RESCUE 2300 PINE TREE DR MIAMI BEACH, FL 33140 2300 PINE TREE DR MIAMI BEACH, FL 33140 This Technical Service Support Agreement begins on 6/I/20 10 and expires on 9/30/2015. The designated Covered Equipment and/or Software is listed on Schedule A This Technical Service Agreement is subject to the Tenns 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 Tenns and Conditions, rev 7/99-l. Price of coverage specified on Schedule A is $145,841.61 per tenn, payable in Annual installments. This price represents an adjustment of $l0,975.27 based on this contract's previous price of $134,866.33 Special Tenns 15% DISCOUNT ON ALL ELECTRODES 15% DISCOUNT ON ACCESSORIES Accepted: Physio-Control, Inc. By: Title: Customer: By: Print: Date: Title: ------------------------------------------ Territory Rep: EA VV67 Miguel Rodriguez Phone: FAX: 800-772-3340 185 Date: Purchase Order Number: PB15B041 Customer Contact: Chief Francois Betancourt Phone: 305.673.7130 FAX: 305.673.7881 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 1 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature on this Agreement or a valid purchase order referencing this Technical Service Support Agreement is required prior to Physic-Control's acceptance and performance of this Agreement. This Agreement covers only the equipment listed on Schedule A ("Covered Equipment"). These terms constitute the complete agreement between the parties and they shall govern over any other documents, including Customer's purchase order. These terms may not be revised in any manner without the prior written consent of Physio-Control. SERVICES. The Services pro11ided under this Agreement are set forth on Schedule A. Physic-Control strives, but does not guarantee, to return service calls within two (2) hours and to resolve service issues within twenty-four (24) hours. Following Services, Physic-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following Services are available and further described as they relate to each specific Physic-Control device on Schedule B: "Repair Plus Service" or "Repair Only Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions (as set forth below). "Preventative Maintenance" or "Inspection Only Service" means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition. Inspections include tests, measurements, and a thirty-point evaluation of Covered Equipment. Covered Equipment is properly calibrated, mechanical operations are checked and adjusted, if necessary, and output measurements are verified to function properly. Electrical safety checks are also performed in accordance with National Fire Protection Association (NFPA) guidelines. Preventative Maintenance and Inspection Only Service are subject to Exclusions. "Comprehensive Service" or "Repair & Inspect Service" means repairs, Battery Replacement Service, parts and labOr necessary to restore Covered Equipment to original specifications, and inspections to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with NFPA guidelines, and Updates (as set forth below), subject to Exclusions. "Battery Replacement Service" means replacement of batteries on a one-for-one, like-for-like basis, up to the number of batteries and/or devices listed in Schedule A Only batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control ofthe occurrence of: (i) battery failure as determined by Customer's performance testing and evaluaUon in accordance with the applicable Operating Instructions: or (ii) the end of the useful life of the battery as set forth in the applicable Operating Instructions. At the discretion of Physio-Control, battery replacement shall be effected 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 a replacement battery, the battery being replaced shall become the property of Physio-Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event that Physio-Control does not receive the battery being replaced. Physio-Control will invoice Customer the then-current rate for the replacement battery. "On-Site Service" means that a Physio-Control factory-trained technician will pro11ide Services at Customer's location. Services will be performed between 8:00am and 5:00pm local time, Monday through Friday, excluding holidays. Customer is to ensure Covered Equipment is available for Services at scheduled times. Some Services may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated facility for repair. "Ship-In Service" means that Services will be performed at Physio-Control's designated facility. Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated facility for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours, Physio-Control will charge Customer for such services at 10% off Physic-Control's standard rates (including overtime, if appropriate) and applicable travel costs in addition to the contract price. Repair parts required for such repairs will be made available at 15% off the then-current list price. EXCLUSIONS. Unless otherwise specified. Services do not include the following Exclusions: l supply or repair of accessories or disposables repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, acts of God, and use of batteries, electrodes, or other products not distributed by Physio-Control [ case changes repair or replacement of items not originally distributed or installed by Physic-Control Upgrades, and installation of Upgrades battery maintenance, performance testing, evaluation, remo11al, and recycling LOANERS. If Covered Equipment must be removed from use to complete Services, Physio-Control will provide Customer with a loaner device, if one is available, until the Covered Equipment is returned. Customer assumes complete responsibility for the loaner 186 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 2 of 10 and shall return the loaner at Customer's expense to Physio-Control in the same condition as received, upon the earlier of the return of the removed Covered Equipment or Physio-Control's request UPDATES. "Update" means a change to a device to enhance its current features, stability, or software. If Comprehensive Service or Repair & Inspect Service is designated for Covered Equipment on Schedule A, Physio-Control will install Updates at no additional cost. provided such Updates are installed at the time of regularly scheduled Services. Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service, Repair Only Service, Preventative Maintenance Service, Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair & Inspect Service, will be billed on a separate invoice at 20% off the then-current list price of the Update. For all Service plans, if parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then--current list price. UPGRADES. "Upgrade" means a major, standalone version of software or the addition of features or capabilities to a device. For all Service plans. Upgrades must be purchased separately and are not provided under this Agreement Upgrades are available at a rate of 17% off the then--current list price. PRICING. Pricing is set forth on the first page of this Agreement, or in the Quote and/or Invoice for the Services purchased. Prices do not indude taxes. Sales, service or use taxes will be invoiced in addition to the price of the goods and Services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro-rated accordingly. For Preventative Maintenance Service, Inspection Only Service, Comprehensive Service, and Repair & Inspect Service, no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur. Discounts may not be combined with other special terms. discounts, and/or promotions. PAYMENT. Payment is due within thirty (30) days of invoice date. WARRANTY. Physic-Control warrants Services performed under this Agreement and repair/replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date Services were performed or a repairfreplacement part was provided. Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part determined to be defective, without additional charge, provided Customer notifies Physic-Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physic-Control makes no other warranties. express or implied, induding, 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. TERM. The Term of this Agreement is set forth on the first page of this document, or in the Quote and/or Invoice for the Services purchased. This Agreement shall automatically renew unless terminated by either party with written notice thirty (30) days prior to the expiration of the then-current Term. Prices are subject to change upon renewal. TERMINATION. Either party may terminate this Agreement for material breach by the other party by providing thirty (30) days' written notice to the other party, and provided such breach is not cured within the notice period~ In addition, either party may terminate this Agreement at any time upon sixty (60) days' prior written notice to the other party. In the event of such early termination by Customer. Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the list-price cost of any preventative maintenance. inspections, or repairs rendered during the Term. 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 perfonmance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, tabor shortages, the requirements of any governmental authority, war, civil unrest. delays in manufacture, obtaining any required license or permit, and Physio-Controt's inability to obtain goods from its usual sources. Arly such delay shall not be considered a breach of Physic-Control's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE. Any device that is not covered by either a Physio-Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. Physic-Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physio-Control. MISCELLANEOUS. (a) During the Term of this Agreement and for one (1) year following its expiration, without Physio-Control's prior written consent, Customer agrees to not to solicit or offer employment to anyone who is employed by Physic-Control to provide Services such as those described in this Agreement; (b) this 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) this Agreement shall be governed by the taws of the State in which the Services are provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement, including reasonable attorney's fees, shall be reimbursed by the other party. 187 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 3 of 10 PHYSIO·CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB15B041 Servicing Rep: District: Phone: FAX: Miguel Rodriguez, EA VV67 SOUTHEAST 800-772-3340 Equipment Location: CITY OF MIAMI BEACH FIRE &, 02760002 Scope Of Service Model LIFEPAKI)j) 1000 LIFEPAK®IOOO LIFEPAK®IOOO LIFEPAK®IOOO LIFEPAK1VIOOO Scope Of Service Model LIFEP AK® I 000 LIFEP AK® I 000 LIFEPAK® I 000 LIFEPAK®IOOO L!FEP AK® !000 Scope Of Service Model RESCUE 2300 PINE TREE DR MIAMI BEACH, FL 33140 On Site Comprehensive Coverage Ref. Effective Part Nwnber Serial Number Line Date 320371500229 41483268 46** 111/2014 320371500229 41483269 47** 111/2014 320371500229 41483270 48 .. 111/2014 320371500229 41483271 49** 1/1/2014 320371500229 41483272 so·· 1/1/2014 On Site Inspection Only-1 Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Number Line Date 320371500021 34983222 18** 10/1/2010 32037150002 I 34983223 19** 101112010 320371500021 34983224 20** 10/112010 320371500021 34983225 21** 1011/2010 320371500021 34983226 22 .. 1011/2010 On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Nwnber Ljne Date VLP 12-02-007228 36999239 9 10/1/2010 Expiration Da(C 913012015 913012015 9/3012015 9/30/2015 9/30/2015 Expiration Date 9/30/2015 9/30/2015 9130/2015 9/3012015 913012015 Expiration Date 9/30/2015 Total Inspections Total Inspections 5 5 5 5 5 Total Inspections 5 LIFEPAK~ 12 UFEPAK~ 12 UFEPAK® 12 l.TFEPAK® 12 UFEPAK® 12 Lll'EPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 UFEPAK® IS UFEPAK~ 15 VLP 12-02-007228 36999240 10 10/1/2010 10/17/2010 VLP 12-02-005985 34955176 11*' l0/JI2010 4/1/2013 2 VLP 12-02-005985 34955180 12** 10/l/20 10 9130/2015 5 VLP 12-02-003974 31485869 13** 10/1!20 10 913012015 5 VLP 12-02-003974 31485870 14 .. 10/112010 9/3012015 5 VLP 12-02-002379 13453048 15 .. 10/1/2010 9/30/2015 5 VLP 12-02-000741 12119146 16 .. 10/1/2010 9/30 12015 s VLP 12-02-000741 12119147 17** 10/l/2010 9/30/2015 5 VlS-2-001603 41257104 42'* 4/15/2014 9/30/2015 VIS-2-000051 40160124 43'* 1/112014 9/30/2015 Reference Number: V67-1124 Addendum Printed: 12/2712013 Page 4 of 10 188 LIFEPAK~· 15 V15-2-0011i03 41469439 44** 11112014 9/30/2015 LIFEPAK~ 15 V15-2-0011i03 41257160 45** 411 5!2014 9/30/2015 LIFEP AK~ 500 30 11790-000 I 13 13604947 23** 10/1/2010 9/30/20 I 5 LIFEPAK® 500 30 11790-000 I IJ 13802778 24*' 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13802779 25** 10/112010 913012015 LIFEPAK® 500 3011790-000113 13802781 26** 10/1/2010 9/3012015 LIFEPAK® 500 3011790-000113 13805762 27** 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13840902 28** 10/1/2010 9/30/2015 LIFEPAK® 500 3011790-000113 13840905 29** 10/1/2010 9/3012015 LIFEPAK® 500 3011790-000113 13840906 30** 10/1/2010 913012015 LIFEPAK® 500 3011790-000 I 13 13840908 31*" 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13840938 32** 101112010 913012015 LIFEPAK® 500 3011790-000113 13840939 33** 10/112010 9130/2015 LIFEP AK® 500 3011790-000113 13840940 34** 101112010 9/30/2015 LIFEPAK:E 500 3011790-000113 13840941 35** !Oil 12010 9/30/2015 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Dale BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 36** 10/1/2010 9r30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 37'* 10/1/2010 9/30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 38** 10/112010 9/30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436372 39** 10/1/2010 9/3012015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436373 40** 101112010 9!30!2015 Scope Of Service POS LP15 On Site Repair and I Insp per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial N wnber Line Date Date LIFEPAK:1l! 15 V15-2-000051 39054727 41** 8/29/2010 9/30/2015 LIFEPAK:1l! 15 Vl5-2-000051 38560013 3 6/1/2010 9130/2015 LIFEPAK!li; 15 Vl5-2-00005! 38560014 4 6/1/2010 9/30/2015 LIFEPAK!li; 15 Vl5-2-000051 38560018 5 6/1!2010 9130!2015 LIFEPAK® 15 VIS-2-000051 38560030 6 61112010 913012015 LIFEPAK® 15 VIS-2-000051 38560032 7 6/112010 9/3012015 LlFEPAK® 15 VIS-2-000051 38560033 8 61112010 913012015 LIFEPAK® 15 V15-2-000051 38537164 6/1/2010 9!3012015 LIFEPAK® 15 Vl5-2-000051 38553545 2 6/l/2010 9/3012015 •• Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: V67-1124 Printed: 12/27/2013 189 5 5 5 5 5 5 5 Total Inspections 0 0 0 () 0 Total Inspections 5 5 5 5 5 5 5 Addendum Page 5 of 10 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB15B041 Additional Items Service Type Item Quantity Start Date CASE CHANGE LP12/15/20 CASE CHG 6-10 10 6/1/2010 •• Denotes an additional item line that has changed since the last contract revision or addendum. 190 Reference Number: V67-1124 Printed: 12/27/2013 End Date 9/30/2015 Addendum Page 6 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 12 Defibrillator/Monitor Repair Service includes: • Standard detachable hard paddle repairs. • Power Adapter repair/replacement • Replacement of faik-d internal coin cell batteries. • Preventative replacement of internal coin cell batteries up to the number of coin cell batteries listed in the Additional Items section ofSchcdulc A according to Physio-Control service specifications. • Battery Coverage • Replacement of four (4) Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery every two years, or upon battery failure; OR • Replacement of three (3) LTFEPAK Li-ion Batteries every two years, or upon battery failure. LIFEPAK® 15 Monitor/Defibrillator Services LIFEPAK® 15 Monitor/Defibrillator Repair & Inspect Service · Inspections at intervals set forth on Schedule A · Parts and labor necessary to restore device to original specifications, subject to Exclusions · Standard detachable hard paddles repair or replacement · REDI-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LIFEP AK 15 Monitor/Detibrillator listed in Schedule A and as determined necessary by Physio-Control · Power Adapter repair or replacement · Battery Replacement Service o Replacement of three (3) LIFEPAK Lithium-ion batteries every two (2) years, or upon battery failure ·Updates instalkd at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price. LIFEPAK® 15 Monitor/Defibrillator Repair Only Service · Parts and labor necessary to restore device to original specifications, subject to Exclusions · Standard detachable hard paddles repair or replacement · REDI-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LlFEPAK 15 Monitor/Defibrillator listed in Schedule A and as determined necessary by Physio-Control · Power Adapter repair or replacement · Battery Replacement Service o Replacement of three (3) LIFEP AK Lithium-ion batteries every two (2) years, or upon battery failure · Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. LIFEP AK@ 15 Monitor/Defibrillator Inspection Only Service · Inspections at intervals set forth on Schedule A · Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. 191 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 7 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES LTFEPAK® 500 AED R.:pair Service includes: • QUIK-COMBQTM Patient Simulators repair/replacement. • Replacement or repair ofPhysio-Control battery chargers on a one-for-one basis with the total number of LIFEPAK 500 AEDs listed on Schedule A, and as determined necessary by Physio-Control. • Battery Coverage o Replacement of up to one (I) UFEPAK 500 SLA Battery Pak every year for each LIFEPAK 500 AED listed on Schedule A, or upon battery failure; OR o Replacement of up to one (I) LJFEP AK 500 Li-S02 Battery Pak every five (5) years for each LIFEPAK 500 AED listed on Schedule A, or upon battery failure. 192 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 8 of 10 PHYSIO~CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULER UFEPAK® 1000 AED Inspection-Only with Battery Replacement Service includes: • Periodic inspections as set forth on Schedule A. • Updates installed a no additional cost provided such Updates are installed at the time of regularly scheduled service. If parts must be repla.:ed to accommodate installation of new software, such parts may be purchased at a rate of 50% less than the then-current list price. Updates installed at a time other than regularly scheduled service will be billed on a separate invoice at the then-current list price less 20%. • Battery Coverage o Replacement of up to one (I) LIFEPAK 1000 Rechargeable Battery Pak every two (2) years, or upon failure; OR o Replacement of up to one (I) LIFEPAK 1000 Li-ion Battery Pak every five (5) years for each LIFEPAK 1000 AED listed on Schedule A, or upon failure. 193 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 9 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB LIFEP AK@ 1000 Automated External Defibrillator Services LIFEPAK@ 1000 AED Comprehensive Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Parts and labor necessary to restore device to original specifications, subject to Exclusions • QUIK-COMBO® Patient Simulator repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • LIFEPAK 1000 Defibrillator Battery Charger repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • Battery Replacement Service o Replacement of up to one (1) LIFEP AK 1000 Defibrillator Rechargeable Battery Pak every two (2) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure; or o Replacement of up to one (1) LIFEPAK 1000 Defibrillator Lithium-ion Battery Pak every five (5) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price. LIFEPAK@ 1000 AED Repair Plus Service • Parts and labor necessary to restore device to original specifications, subject to Exclusions • QUIK-COMBO® Patient Simulator repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • LIFEP AK 1000 Defibrillator Battery Charger repair or replacement of one for each LIFEP AK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • Battery Replacement Service o Replacement of up to one (1) LlFEPAK 1000 Defibrillator Rechargeable Battery Pak every two (2) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure; or o Replacement of up to one (1) LIFEPAK 1000 Defibrillator Lithium-ion Battery Pak every five (5) years for each LIFEP AK I 000 AED listed on Schedule A, or upon battery failure • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. lf parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% ofi the then-current list price. LIFEPAK@ 1000 AED Preventative Maintenance Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. 194 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 10 of 10 PHONE www.physio ·control.com November 18, 2013 Frank Betancourt, EMS Division Chief Miami Beach Fire Department, Rescue Division 2300 Pinetree Drive Miami Beach, FL 33140 Dear EMS Division Chief Betancourt: • In response to your recent request, I am writing to confirm that Physio-Control, Inc. is the sole source provider in your marketplace for: • New LIFEPA~ devices • Our factory refurbished line of RELI devices • LIFENE-r® Data Management Solutions • The LUCAS® Chest Compression System • Factory-authorized inspection and repair seNices which include repair parts, upgrades, inspections, and repairs Physio-Control does not utilize the seNices of any authorized resellers in the sale of these products and services in your marketplace. Best regards, Associate Contract Analyst Physio-Control, Inc. 11811 Willows Road NE Redmond, WA 98052-2003 195 I RESOLUTION NOj 2010--27387 A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINOJ-NG-ANt) -DECLARING TKAl--l"HtSJS'-~ SOI;;E~CE--JJROCUREMENT PURSUANT-TO-SECTrO_N_ 2-361-{d) OF T.HE-GR"¥--C---90E.-AND AUTHORIZING THE CITY MANAGER AND THE Cln' CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVIGE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., -CURRENTLY SET TO EXPIRE ON SEPTEMBER 30,.2010; ALLOWING THE NEW TERM TO COMMENCE ON JUNE 1, ~010, AND END ON SEPTEMBER 30, 2015, IN THE ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAl. TWO (2) UFEPAK 12 MONITOR/DEFIBRILLATORS THAT ARE NO L.ONGER UNDER WARRANTY, AND ONE (1) ADDITIONAL AUTOMArED EXTERNAL DEFIBRILLATOR (A-ED) NOT PREVIOUSLY COVERED IN THE AGREEMENT; AND FURTHER ADDING COVERAGE FOR EIGHT (8) LIFEPAK 15 MONITOR/DEFIBRILLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. WHEREAS, the Fire Department has used Physio Controi/Medtronic Defibrillators/Monitors and Automated External Defibrillators {AEO's) exclusively for the past twenty-five years; and WHEREAS, to protect the City from excessive maintenance costs, the AdmW1istration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty years; and WHEREAS, the first annual installment on the ·proposed 5-year extension, is due in Octobef,. 201 0 for FY 2-011, and will cover an additional three (3) devices as well as ei_ght (8) Lifep'ak 15 Monitor/Defibrillators that will have the factory warranty expire during FY 201-0/2011; and · WHEREAS, this 5-year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2.015; and WHEREAS, Physic Control, Inc., a division of Medtrontc, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices, and services in Florida; and WHEREAS, Physio Control, the manufacturer, is the only viabl~ entity that can maintain the above· mentioned defibrillator equipment and therefore, the Technical Service- Support Agreement with Physic Control is considered a sole sour-ce procurement pursuant to the City Code; and · WHEREAS, the .City Manager concurs with the Amendment to the Agreement NOW, THEREFORE, BE IT DULY R€SOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City COmmission adopt the attached resolution finding and declaring that this is a sole 196 SQUFCe -procurement purSuant to Sectk>n 2-367 (d) of the City Code, and authorize the City. Manager and City Clerk to amend and execute the Technical Service Agr.eement between the City and Physio Control, Inc., allowing the new term to eommence on June 1, 2010 and end on September 30, 2015, in the estimated annual amount of $26,974; adding coverage for an additional two (2) .Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated external defibrillator {A€0) not previously mvered in the Agreement; and further add coverage for eight (8) Lifepak 15 . monitor/defibrillators, of which the factory warranty will expire in January, 2011. PASSED and ADOPTED this /6 tk day of _11t~a.;_~.:;.pf-----· 2010. ATTEST: CITY CLERK T:\AGENDA\201 0\May 12\Consent\Physio Control Reso.doc 197 APPROVED AS TO FORM & LANGUAGE . 6 FOREXECUilON .. ,'(~ ~ -J6-\ () ~~~~~~-Da~ · GOMMISSK>N llEM SUMMARY Condensed Title: A Resolution For The Sole Source Procurement Pursuant To Section 2-367{d) Of The City Code Authorizing The City Manager And City Clerk To Amend And Execute The Technical Service Support Agreement Between The City And Physio Control, Inc. · Key Intended Outcome Supported: Increase resident ratings of public safety services Supporting Data (Surveys, Environmental Scan, etc.): 96.8% of the residents responding to the 2009 Community Satisfaction Survey rated the Fire Department services as Excellent or Good; and 95.5% rated .EmerQencv Medical Response as Excellent or Good. Issue: · Shall the City Commission adopt the resolution? Item Summary/Recommendation: The Fire Department has used Physio Controi/MedtronicOefibrillators/Monitors and Automated -External Defibrillators (AED's) exclusively for the-past twenty-five years. To protect the City fr-om excessive maintenance costs, the Administration has entered into an annual Technical Service Support· Agre~ment with the manufacturer for the past twenty years. The first annual installment on the proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional three (3) devices as well as eight(B) Lifepak 15 Monitor/Defibrillators that will have the factory warranty_ expire during FY 2010-2011. This 5-year extension will provide cost certainty on subsequent annual installments thr-pugh Fiscal Year 2014/2015. Physio Control, Inc, a division of Medtronic, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of produ<:ts, including accessories, repair parts and upgrades, remanufactured devices, and servie:es in Florida. The manufacturer, Physio Control, Inc., is the only viable entity that can maintain the above mentioned defibrillator ~quipment. Therefore, the Technical Service Support Agreement with Physlo Control is considered a sole source procurement pursuant to the City Code. ADOPT THE RESOLUTION . . Advisory Board Recommendation: IN/A Financial Information· Source of Amount Account Approved Funds: D 1 2 3 'OBPI Total :financial Impact Summary: The cost of this 5-year agreement is $134,866.33. payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment of $26,974 due in October 2010for FY 2011, has been requested through the 2011 budgeting process for Account No. 011-1220-000325 Contract Maintenance Public Safety. Isla live Trackin · ment Director MIAMI B-EACH JMG 198 ~~genda Item ~ l ,Pate" S'-rz-to • MIAM1 BEAC.H City of Miami Beach, 1700 Convention Cenler Drive, Miomi Beoch, Florida 33139, www.miomibeachfl.gov COMMilTEE MEMORANDUM TO: Mayor Matti Sower and Members of the City-commission FROM: Jorge M. Gonzalez, City Manager DA~: May12,2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING AND DECLARING THAT THIS IS A SOLE SOURCE PROCUREMENT PURSUANT TO SECTION 2·367 (d) OF THE CITY CODE, AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., CURRENTLY SET TO EXPIRE ON SEPTEMBER 30, 2010; ALLOWING THE NEW TERM TO COMMENCE ON JUNE 1, 2010, AND END ON SEPTEMBER 30, 2015,1N THE · ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAL TWO (2) LIFEPAK 12 MONITOR/DEFIBRILLATORS THAT ARE NO LONGER UNDER WARRANTY. AND ONE (1) ADDITIONAL AUTOMATED -EXTERNAL DEFIBRILLATOR (AED) NOT PREVIOUSLY COVERED IN THE . AGREEMENT; AND-FURTH1:R ADDING COVERAGE FOR EIGHT (8) LIFEPAK 15 MONITOR/DEFIBRILLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. ADMINISTRATION RECOMMENDATION Adopt the. Resolution KEY INTENDED OUCOME SUPPORTED Increase resident ratings of public safety services FUNDING The cost of this 5-year agreement is $134,866.33, payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment due in October 2.010 for FY 2011 has been requested through the 2011 budgeting process for Account No. 011-1220-000325 Contract Maintenance, Public Safety. ANALYSIS The Fire Department has used Physic Controi/Medtronic Deftbrillators/Monitprs and Automated External Defibrillators (AE.O's) exclusively for the past twenty-five years. To protect the City from excessive maintenance costs, the Administration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty 199 years. The annual cost of the Technieal Service Agreement has averaged $25,200 over the past three (3) ftscal years, including $26,444 for the current fiscal year. · The first annual installment on the -proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional th~ (3) devices as well as eight {8) Lifepak 15 Monitor/Defibrillators that will have ttte factory warranty expire during FY 2010-2011. This 5- year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2015. · Physio Control, a division of MedtroniC, Inc., is the only source from which to obtain the lifepak defibrillator/monitor family of products, including accessories, repair parts and iJpgrades, remanufactured devices, and services in Florida. Physio Control does not utilize the services of any authorized dealers or distributors in the sale of its products in this market Physio Control, the manufacturer, is the only viable. entity that can maintain the above mentioned defibrillator equipment. Therefore, the Technical Service Support Agreement with Physio Control is considered a sore· source procurement pursuant to the City Code. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution finding and declaring that this is a sole source procurement pursuant to Section 2-367.(d) of the City Code, and authorize the City Manager and the CityCierktoamend and execute the Technical Service Support Agreement between the City and Physio Control, Inc., allowing the new term to commence on June 1, 2010, and end on September 20, 2015, in the estimated. annual amount of $26,974; adding coverage for an additional two (2) Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated eKternal defibrillator (AED) not previously covered irn the Agreement; and further add coverage for eight (8) Lifepak 15 monitor/defibrillators, of which the factory warranty will expire in January, 2011. T:\AGENDA\20 1 0\May 12\Consent\Physlo Control Memo.doc 200 TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User# 02760002 CITY OF MIAMI BEACH FIRE & RESCUE 2300 PINE TREE DRIVE MIAMI BEACH, FL 33139 Bill To# 00095401 MIA1vli BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MIAMI BEACH, FL 33139 This Technical Service Support Agreement begins on 6/112010 and expires on 9/3012015. PHYSIO CONTROL 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 $134,866.33 per term, payable in Annual installments. Special Terms 10% DISCOUNT ON ACCESSORIES TillS CONTRACT ALSO INCLUDES REPAIR ONLY COVERAGE FOR LP15 BATTERY CHARGERS Accepted: Physic-Control, Inc. Customer: --~--~~----------------------------- By: 5f!L By~~ =Ti=tle=: =:a:-re.::J:~::,::~:ro:bJ====~==v•=ce...======= Print(TWG m~ _D_ate_: ----=OG=A-'-'() '-.:...;.r,h__;lf);___ _________________ Title: 6}¥ m ~ r14.~e r Date: t,/,( /wtv Territory Rep: EA VV57 Colon, Adalid APPROVED AS TO Phone: 8004421142 x24p!{)RM & LANGUAGE FAX: 800-772-3340 & F EXECUTION } I Purchase Order Number: Customer Contact: Chief Chris Parrino Phone: 305.673.7130 FAX: 305.673.7881 Reference Number: V57-2472 Printed: 6/4/2010 New Page 1 of 11 ... PHYSIO.CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDffiONS RENEWAL. TERMS Physic-Control, Inc.'s ("Physio.COntrol") ac:ceplance of CLJStomer's Technical Service Support Agreement is expressly conditioned on Customers assent to ltle terms set torth in this document and its attachments. Physic-Control agrees to fum ish the services ordered by Customer only on these terms, and Customer's acceptance of any portion ot the goods and seiVices covered by this document shall confirm their acceptance by Customer. These lerms ccnslilute the complete agreement between the parties and they shall govem. any confiicting 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-Contro!. REPAIR SERVICES If "Repaif" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, aU· repair parts and materials required, all required Physic-Control service technician labor, and all related travel expenses. For offslte (ship-in) services, units will be retumed·to Customer by Physio·Control freight prepaid. INSPECTION SERVICES If 'Inspection" services are designated, subject to lhe 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 a11d Protec~on Guidelines, all required Physic-Control service technician labor and all related travel e:xpenses. For offsile (ship-in) services, units will be returned to Customer by Physib-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 identltlcation of any materials replaced or recommended lor replacement. LOANERS If a Physic-Control product is designated as a unit of C011ered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit wifl be provided, if available, until the removed unit is returned. Customer assumes complete responsibility for the Loaner and shall retum the Loaner to Physic-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 Sef\lice Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables, recorder paper, etc.); repair ot damage caused by misuse. abuse, abnormal ope~ating conditions, operator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Physic-Control under this Technical Service Support Agreement: case changes; repalr-or replacement of items not originally distributed or installed by Physic-Control; and e:xclusions.on Schedule 8 to this Technical Service Support Agreement, if IYlY, which apply to Covered Equipment SCHEDULE SERVICES Designated Repair and Inspections Services will be pertormed 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 Physic-Control will pr,ovida alternate coverage. Customer is to ensure Co11ered Equipment is available for Repair andfor Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if . Physic-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 iniiOI\Iad not being Covered Equipment, request being outside of designated service frequency or hours, or application of the ExcJusions); Customer shaft reimburse Physio-Contro! at Physio-Control's standard labor rates less 10% (including overtime, if appropriate), plus standard list prices for related parts and materials lass 15%, plus actlolal travel costs incurred. PAYMENT The cost of services performed by Physic-Control shall be payable by Customer within thirty (30} days of Customer's receipt of Physic-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 Physic-Control for any ta:xes assessed Physio-Control. if the number or configuration of Covered Equipment is altered during the Term of this Technical Service Support Agreement, lhe price of Sef\lices shall be adjusted accordingly. Reference Number. V57-2472 Printed: 4128/2010 202 New Page 2 of 11 WARRANTY Physic-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in perfo1111ing such Services against ctefects in material and workmanship for ninetY (90) days 1rom the data a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit aild/or replacement of any part determined to be defective, without any additional Customer charge, provided Customer noUfies Physic-Control of any allegedly defective condition within ten (1 0) calendar days of its discovery by Customer. Physic-Control makes no other warranties. express or implied, including, without limitatian, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANO IN" NO EVENT SHALL PHYSIO-cONTROL BE UABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. fERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixtf (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 Physic-Control for that portion of the designated price which corresponds to that portion of the Term and the scope of SeNices provided prior to the. effective data of termination. DELAYS Physio-Controt wfll not be liable for any loss or damage of any kind due to its fa~ure to perform or delays in its performance resulting. from any cause beyond its reasonable control, including, but not limited to, acts of God, tabor disputes, labor shortages, the reqoirements of any governmental authority, war, civil unrest, delays in manufacture, obtaiiling ar~y required license or permi~ and Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physic-Control's obligations. and the performance dates shall be extended for !he 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 Tilffi! of this Technical Service Support Agreement or lor one (1) year following its expiration without Physio-Control's prior written consant 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 Physia·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 enforce111ent of· its rights under this document, including reasonable alto may's fses, shall be reimbursed by the other party . ................... .' ................................................................ END ................................................................................... . Reference Number: V57-2472 Princed: 4/28/20 !0 203 New Page 3 of ll Contract Number: Servicing Rep: District: Phone: FAX: PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: CITY OF MIAMI BEACH FIRE&, 02760002 Scope Of Service Model UFEPAK®IOOO UFEPAK®IOOO LIFEPAK®!OCO LIFEPAK®!OOO LIFEPAK®IOOO Scope Of Service Model UFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LiFEPAK® 12 LlFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LJFEPAK® 12 I:.lfEPAK® 12 LJFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 UPEPAK® 500 L!FEPAK® 500 LIFE~AK®500 LIFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 l:.IFEPAK.® jOQ RESCUE 2300 PINE TREE DRlVE MIAl.\111 BEACH, FL 33139 On Site Inspection Only-1 Inspection per Year:M-F/8-5 Ref. Effective Expiration Part Number Serial Number Line Date Date 320371500021 34983222 18 10/1120 tO 9/3012015 321)371500021 34983223 19 101112010 9/3012015 320371500021 34983224 20 10/112010 9/3012015 320371500021 34983225 21 101112010 9/3012015 320371500021 3498322() 22 10/112010 9/3012015 On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration P:!n: Number Serial Number Line Date Date VLPI2-0Hl07228 36999239 9 1011120 IO 9/3012015 VLP 12-02-007228 36999240 10 10/l/2010 9130!2015 VLP 12-02·005985 34955176 11 101112010 9/3012015 VLP12-02-005985 349551BO 12 101112010 913012015 VLP12-02-003974 31485869 13 101112010 9/3012015 VLP!l-02-003974 31485870 14 10/112010 9/3012015 VLP12-02-002379 13453048 15 J0/112010 9130/2015 VLPU-02-000741 12119"146 16 10/112010 9/3012015 VLP\2-02-000741 12\19147 17 10/112010 9/3012015 3011790-000113 !3604947 23 t0/11201 0 913012015 301 L 790-000 113 1380'2778 24 10/!12010 9/3012015 30 1 1790-000 l 13 13802779 25 10/112010 9/3012015 3011790-000113 13802781 26 101112010 913012015 3011790-000113 J38057G2 27 101112010 9r3012015 30[ 1790-000113 131!40902 28 10/l/2010 913012015 3011790-000113 13&40905 29 10/1/2010 9/3012015 3011790-000L13 13840906 30 !01112010 913012015 30117~0-000113 13840908 31 10/112010 -913012015 3011790-0001l3 13840938 32 1011/2010 913012015 30!1190-0001 13 13840939 33 10/l/2010 9130/20 !5 Reference Number: V57-2472 Printed: 4/28120 I 0 204 Total Inspections 5 5 5 5 5 Total Inspections s 5 5 5 5 5 5 5 5 s 5 5 New Page 4 of 11 LlFEPA K® 500 301:790-000113 1384094<) 34 10/112010 9/30/2015 5 L!FEPAK® 500 3011790-000113 13840941 35 10!112010 9!3012015 5 Scope Of Service On Site Repair Only: M-F/S-5 • Ref. Effective Expiration Total Model Part Number Seri.~1 Number Line Dale Date Inspections UA TIERY SUPPORT SYSTE.'vi 2 VBS$2-02-000009 30433192 36 10/l/20 10 9/3012015 0 BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 3043319J 37 101112010 9/3012015 0 BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 38 1011/2010 9/3012015 0 BATIERY SUPPORT SYSTEM 2 YBSS2-02-000009 30436372 39 10/l/2010 W3012015 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 3043()373 40 10/l/2010 9!3012015 0 Scope Of Service POS LP15 5 Year On Site Repair and 1 Insp per Year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Lioe Dale Date Inspections LIFEPAK® 15 Yl5-2-000051 38537164 6/112010 9/30!2015 5 LIFEPAK® 15 ¥15-2-000051 38553545 2 6/1/2010 9/3012015 5 LIFEPAK® 15 v 15-2-000051 38560013 3 611/2010 9!3012015 5 LIFEPAK® 15 Vl5-2-00005! 385600t4 4 61!12010 9/3012015 UFEPAK® 15 Yt5-2-000051 38560018 5 6/l/2010 913012015 s LIFEPAK® 15 YIS-2-000051 38560030 6 61112010 913012015 5 L!FEPAK® 15 YI5-2-0000SI 38560032 7 6/1/2010 9/30/20!5 5 LIFEPAK® 15 Y15-2-0000SI 38560033 8 611/2010 9/3012015 5 •• Denotes an inventory line tha: has clulnged since the last conrract revision or addendum. New Reference Number: V57-2472 Printed: 4/28120! 0 Page 5 of ll 205 Contract Number: Additional Items Service Type CASE CHANGE IVIEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Item Quantity Start Date LP12!15/20 CASE CHG 6-10 lO 6/1/2010 •• Oe11oles an additionaJ item line that has changed since the last contract revision or addendum. Reference Number: V57-2472 Printed: 4128/2010 206 End Date 9/3012015 New Page 6 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREElVIENT SCHEDULEB fNSPECTION ONLY SERVfCES · lf the cl!Stomer requests that repairs be made as determined necessary by the Physio·Conrrol Service Represenlati ve after completion of the inspection, such repairs will be made at Physio-Conrrol's !hen current labor rate less 10%. Pmts required for such repairs will be made available at 15% less than the then current list price for such parts. ·Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service 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 (:recycied). · ff customer provides evidence that a Pbysio·Conrrol Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Physio-Control shall replace said Physic-Control Banery Pak (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2. LIFEPAK SLA for LIFEPAK SLA, nr LIFEPAK NiCd for LIFEPAK NiCd, up to the maximum amounr of Physio·Conlrol Battery Paks as is specified on Schedule A, every twa years (including prior Support Plan periods). To assist in proper recycling nnd removal of low capacity batteries. replaced Battery Paks become the property of Pb.ysio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Contral 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-Contral battery. Repairs and inspections performed under thil Agreement meet original equipment manufacturer's product specifications only when operating with a Physic-Control battery. Any repairs, as determined by a Physio-Conr:rol 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 actuu.l travel charges incurred. · Inspections are performed Monday thru Friday Sam to 5pm (ell.cluding holidays) Reference Number: V57-2472 Printed: 4/28/2010 207 New Page 7 of II PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES L!FEPAK® 12 (LP 12) Defibrillator/Monitor lnciudes: Standard detachable hard paddle repairs LPl2 upgrade installed by Physio-Comrol Technical Services Representative at a rate of 17% less than the then current field-installed list price When listed in Equipment lnventpry, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillator/Monitor Excludes: Internal, stcrilizable and pediatric paddles Sp02 sensors and cabres Communication cables Therapy cables Patient cables PCMCIA modems Case changes Discounts wiH not be combined with other special terms, discounts, and/or promotions. Physio-Control FASTPAK®, FASTPAK 2, LlFEPAK SLA, and LIFEPAK NiCd Battery Battery maintenance, performance testing, ev:i.lu<J.tion, removill. recycling, and reptacemenc are the responsibility of the Customer, and should be performed-in accordance with the LP 12 Series Oper<lting Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either {j) reported battery f:rilure as detennined by Customer's performance testing and evilluation in accordance with the LP 12 Operating Instructions section en tided Discarding/Recycling Bll.tteries, or (ii) upon completion of the second year of use. Replacement Battery Pale shall be like for like, i.e. FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans. Battery replacernenc is dependent upon Customer's notice to Physic--Control of the existence of either of the conditions referenced [n (i) and (ii) above. At the discretion ofPhysio-Control, battery replacement shall be effected by sbipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Servil:e Teclwician. Upon Customer's receipt of replacement battery, the affected battery referenced above shall become the properey of Physic-Control, and must-be returned to Physio-Comrol' for proper disposcl-. In. the event that Physic--Control does not recei"lle the affected battery referenced above, Customer will be charged at the then· current rate_ for the replacement battery. Only batteries manufacrured by Physio-Control arc covered llnder this Ser-vice Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under this Se.."""lice Agreement Physic-Control does not guarantee the operation, safety, and/or performance of our product when operating with a baUcry not manufactured by Physio·ConrroL Repairs and inspections performed under this Agreement meet original equipment manufacturer's product SJICcifications only when operating with a battery manufactured by Physic-ControL Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physic-Control, wi!l be billed at Physic-Control's tben current standard list prices for parts and labor, including actual travel costs incurred. LlFEPAK 12 Software Updates If combined Repair and Inspection services are designated for LP 12 ~nits listed in Schedule A. a Physic-Control Technicill Services Representative will install LP 12 software updates at no additional cost, provided it is installed at the Lime 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. Dependent upon avail-ability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer Reference Number: V57-2472 Printed: 4/2812010 208 New Page 8 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEJ\1ENT SCHEDULEB access to software loading tool at no additional charge. If Repair-Only services are designated for LP 12 units listed in Schedule A. a Physic-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% tess than the then current list price. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's reqlleSt, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physic-Control wiU replace the internal coin cell battery according to the 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 Physic-Control Technical Services Representative access to those devices. Coin cell battery replacement will take place dwing the Tenn of tllis Agreement. according to the number of coin cell batteries listed in the Additional Items section of Schedule A. Reference Number: V57-2472 New Printed; 4/28/2010 Page 9 of ll 209 PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES UFEPAK® 15 (LP 15) Defibrillator/Monimr Includes: Standard detachable hard paddle repairs LP15 upgr:~de installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current lield-instal1ed list price When listed in Equipment lnventory, Schedule A. LP 15 Defibrill~tor/Monitor Includes: Power Ad:!pter LP 15 Defibrillator/Monitor Excludes: Internal, sterilizablc and pediatric paddles Communications cables Therapy cables Patient cables Sp02 sensors Case changes Discounts may nor be combined with other special terms, discounts and/or promotions. Physic-Control LIFEPAK® IS Battery Battery maintenance. performance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer, and should be performed in accordance with the LP 15 Series Operating Instructions section entitled Discarding/Recycling Batteries. Battery replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory. Schedule A, upon che earlier of either (i) reported battery failure as determined by Customer's perfonrumce testing and evaluation in accordance with the LP 15 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion of the second year of use. Replacement Battery Pak shall be like for like, i.e. Li-ion Battery for Li-Lon Battery. During the Term of this Agreement replacement shall occur no more than three times per two year period, notwithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physic-Control Service Technician. Upon.Customer' s receipt ofrepiacement battl:ry, the affected battery referenced above· shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above, Customer wi!I be charged at the then current rate for the replacement battery. Only batteries manufactured by Physic-Control are covered under this Service Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under tfiis 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 wilh a battery manufactured by Pllysio-Control. Any repairs. as determined by a Physio-Control Service Representative, resulting from Lhe use of a battery not manufactured by Physio-Control, will be billed at Physio-Conll:ol's then curreot standard list prices for parts and labor. including actual Lravel costs incurred. LIFEPAK® 15 Software Updates If combined Repair and inspection services are designated for LP 15 units listed Ln Schedule A, a Physic-Control Technical Services Representative will install LP 15 software updates at no additional cost, provided it is installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where ;m assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be pun::hased by the Customer at a rate of 50% less than the then current list price. Software updates, wb.e:1 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 separnte invoice. Dependent upon availability of Customer software loading tool, and at Customer's request. Technical Services Representative shall provide Customer Reference Number: V57-2472 Printed: 4/28/2010 210 New Page 10 of II PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREE:MENT SCHEDULER access to software loading tool al no addilion:~l charge. If Rep;llr-Only services are designated for LP 15 units Jlsted in Schedule A, a Physic-Control Technical Services Representative wtll in.sta.ll a LP 15 software update at the rate of $205.00 per unit pee software update. In addition. during the -Term of tl1is Agreemem, 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 race of 50% less than Lhe then current list price. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. LlFEP AK® 500 AED ·Repair coverage for Physic-Control® QU1K-COMBQTM Patient Simulators included. · Repairs to Physic-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrilla1ion and Communications cables are excluded. · External Modems are excluded. · Battery chargers are included and shall be exch:mged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as detennined necessary by Physio-ConrroL · Discounts may not be combined with any other special terms, discoums andior promotions. Physic-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the LIFEPAK 500 AED Operating Instructions. Batteries failing Lo meet battery performance tests should be removed from service and properly discarded (recycled). · lf customer provides evidence that a Physic-Control Battery Pak fails to meet the perfonmmce tests noted above and/or the Battery Pak age exceeds 2 years i:~ the case of sealed lead add batteries and 3 years in the case of lithium ion batteries, Physill-Control shall replace said Physic-Control Battery Pak (like for lilce} i.e. LIFEPAK 500 SLA for LIFEPAK500 SLA or L!FEPAK 500 lithium ion for LlFEPAK 500 !ithiwnion. up to a maximum of2 LlFEPAK 500SLA Battery Paks e~ery two years or up to a maxirnwn or 1 UFEPAK 500 lithium ion Battery Pak every 3 years (including prior S(lpport Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Physic-Control and must be returned ar the time of exchange. · Only batteries manufactured by Physic-Control are covered under this Sen; ice Agreement. Any batteries manufactured by other sources are expressly excluded from cover:~ge tmder this Service Agreement Physic-Control cannot guarantee the operation, safely and/or performance of our product when operating with anon-Physio-Control battery. Repairs and inspections p-erformed under this Agreement meet originaf equipment manufacturer's product specifications only when operating, with a Physic-Control battery. Any repairs, as detennined by a Physic-Control Service Representative, resulting from lhe use of a non-Physic-Control battery, will be biUcd at our standard list prices for parts and labor, including actual travel charges incurred. 211 Reference Number: V57-2472 Printed: 4/28/2010 New Page 11 of J 1 •• : . I • I' 'I Physio.Control, Inc . 11811 Willows Road N£, P.O. Box 97006, Redmond. WA 98052 Tel 425.867.4009 Tall-frn 800.4,42.1142 w-.jlhysio-coiltral.com April 29 2010 Miami Beach Fire Rescue Chris Parrino 1680 Merdian Ave, Ste 203 Miami Beach, FL 33140 To Mr. Parrino: In response to your recent request, I am writing to confirm that Physio-Control, division of Medtronit, Inc., is the only source from which to «;>btainthe LlfEPAK 11 family of products, including upgrades, factory authorized service and maintenance in your marketplace. Physio-Control does not utilize the services of any authorized dealers or distributors in the sale of our products in your marketplace. Best regards, Gorman Wong Customer Support Services Director 212 . ~./o: o 1.a6's4 TECHNICAL SERVICE SUPPORT AGREEMENT ADDENDUM Contrm;l Number: PB10X264 End Uset·# 00095401 MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MlAMl BEACH, FL 33139 Bill To# 00095401 MIAMI BEACH FIRE DEPT 1680 ME1UD1A.N AVE STE203 . MfAMJ BEACH, F~ 33139 This Teclmical Setvice Support Agt·eemeo.t begu1s on 10/111009 nod expires on 913012010. PHYSIO CONTROL The desigt1ated Covered Equipment nnd/or Softwnro is listed on Schedule A. This Tecnnicnl Service Agreement is subject to the Terms and Conditions on 1he reverse side ofthis docnment and any Schedule B, if attached. lf arry Data Management Support and Upgrade Service is included on Schedule A ttl en 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. · Special Terms 10% DISCOUNT ON ACCESSORIES Purchase Order Number: -~B·l:W€M4-"'I ?-?3 ~ C, Terri.tory Rep: EA VV57 Colon, Adalid Phone: 800442ll42 x2464 FAX: BOO-772-3340 APPROVED AS TO Fi · RM & LANGUAGE Customer Cantacl: ChlefChris Parrino Phone: J05-673-7130 FAX: 305-673-7881 Reference Number: V57-2466 Printed: 10/2012009 F R EXECUTION " ,/.~ ~-')I -f \. z.\ g~ \)4 213 Addeudnm Page 1 of 10 PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS Physic-Control, lr1C.'s {"Physlo-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 conflmn 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 Physic-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 require<.!, all required Physic-Control service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physic-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, perfomnance 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 Physic-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 Physic-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 Physic-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 Physic-Control under this Technical Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physic-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 perfomned 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 Physic-Control at Physic-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 Physic-Control shall be payable by Customer within thirty {30) days of Customer's receipt of Physic-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 Physic-Control for any taxes assessed Physic-Control. If the number or configuration of Covered Equipment is altered during the Temn of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly. 214 Reference Number: V57-2466 Printed; I 0/20/2009 Addendum Page 2 of 10 WARRANTY PhysirrControl warrants Services performed under this Technical Se!Vice 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 Physic-Control of any allejjedly defective condition within ten (1 0) calendar days of its discovery by Customer. Physic-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 Physic-Control may terminate this Technical Service Support Agreement immediately upon Customers 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 Physic-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 Physic-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 Physic-Control's inability to obtain goods from its usual sources. Any such delay shall no! 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 Physic-Control's behalf during the Term of this Technical SeJVice Support Agreement or for one (1) year following its expiration without Physic-Control's prior written consent. b) This Technical Service Support Agreemen~ 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 Physic-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 ................................................................................... . 215 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 3 of 10 Contract Number: Servicing Rep: District: Phone: FAX: PHYSIO~CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A PBIOX264 Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: MIAMI BEACH FIRE DEPT, 00095401 1680 MERIDIAN AVE STE 203 MIAMI BEACH, FL 33139 Scope Of Service On Site Inspection Only-l Inspection per Year:M-F/8-S Ref. Effective Expiration Model Part Number Serial Number Line Date Date UFEPAK®IOOO 320371500021 34983222 22 10/!!2009 9/3012010 L!FEPAK®1 000 320371500021 34983223 23 1()/112009 9/3012010 LIFEPAK®IOOO 320371500021 34983224 24 10/l/2009 9/3012010 LIFEPAK®IOOO 32{)371500021 34983225 25 10/l/2009 9/30/2010 L!FEPAK®1000 320371500021 34983226 26 10/l/2009 9/30/2010 Scope Of Service On Site Repair and l On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK® 10 304200-14 005267 lOfl/2009 9/3012010 UFEPAK® 10 &04200-14 005268 2 \(}/J/2009 9/3012010 LIFEPAK® lO 804200-14 005285 3 I 0/1/2009 913012010 LIFEPAK® 10 804200-14 005286 4 10/1/2009 9/30/2010 LlFEPAK® 10 804200-14 005287 5 101112009 9/3012010 L!FEPAK® 12 VLP 12-02-0023 79 13453048 6 10/112009 9/30/2010 LIFEPAK® 12 VLP 12-02-000741 12119147 7 10/l/2009 9/30/2010 LIFEPAK® 12 VLP I 2-02-000741 12119146 8 10/112009 9/30/2010 LlFEPAK® l2 VLP12-02-000741 12119145 9 10/112009 9/30/2010 LIFEPAK® 12 VLP 12-02-000741 12119t44 10 L0/112009 9/30/2010 LIFEPAK® 12 VLP12-02-000741 12119143 11 10/112009 9130/2010 LIFEPAK® 12 VLP 12-02-000741 12119141 12 10/l/2009 9/30/2010 LlFEPAK® 12 VLP 12-02-003974 31485869 18 101112009 9/3012010 LlFEPAK® 12 VLP12-02-003974 ) 1485870 19 10/1/2009 9/30/2010 LIFEPAK® 12 VLP 12-02-005985 34955180 20 10/1/2009 9/30/2010 LIFEPAK® 12 VLP12-02-005985 34955176 21 I 0/l/2009 9/30/2010 LIFEPAK® 500 3011790-000113 136512&3 27 10/112009 9/30/2010 L!FEPAK® 500 3011790-000 113 13659751 28 10/1/2009 9130/2010 LIFEPAK® 500 3011790-000113 13802778 29 1011/2009 9/3012010 LIFEPAK® 500 30 I 1790-000 llJ \3802779 30 10/1/2009 9/30/2010 Reference Number: V57-2466 Printed: L0/20/2009 216 Total Inspections Total Inspections Addendum Page 4 of 10 UI'EPAK®500 3011790-000113 13802781 31 l0/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13805762 32 !011/2009 9/30/2010 LI.I'EPAK® 500 3011790-000113 13840902 33 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000 l !3 13840905 34 !0/1/2009 9/30/2010 LIFEPAK® 500 30 11790-000 113 13840906 ~5 10/1/2009 9/30/2010 LII'EPAK® 500 30 I I 790-000113 13840908 36 10/1/2009 9/30/2010 LIFEPAK® 500 301 !790-000113 13840938 37 10/112009 9/30/2010 LIFEPAK® 500 30 11 790-000 I l3 13840939 38 IQ/(/2009 9/30{2010 LIFEPAK® 500 3011790-000 I 13 13840940 39 I 0/l/2009 9/3012010 LIFEPAK® 500 3011790-000 I 13 13840941 40 !0/1/2009 9/30/20 I 0 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Dntc Date Inspections BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 13 10/112009 9/30/2010 BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 14 10/J/2009 9/30120LO BAITERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 15 !0/J/2009 9f30120l 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436]72 16 1 Ofl/2009 9/30/20!0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-D00009 30436373 17 1011/2009 9iJ0/201 0 .,. Denotes nn inventory line that has changed since the last contract revision or addendum. 217 Reference Number: V57-2466 Printed: 10/20/2009 0 0 0 0 0 Addendum Page 5 of 10 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB lOX264 Additional Items Service Type CASE CHANGE CASE CHANGE** Item LP12/15/20 CASE CHG L-5 LP12/15/20CASECHG 1-5 Quantity Start Date 10/1/2009 2 I 0/1/2009 •• Denotes an additional item line that has changed since the last contract revision or addendum. 218 Reference Number: V57-2466 Printed: 10/20/2009 End Date 9/30/2010 9/30/2010 Addendum Page 6 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB LIFEPAK® I 0 DEFIBRILLATOR/MONITOR/PACEMAKER · Paddle repairs are included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). ·Auxiliary Power Supply included when listed on equipment inventory (Schedule A). · Pacemaker repair is included. · Case changes are excluded. -Pacing and patient cables are excluded. · FAST-PATCH® adapters and QUIK-COIVffiO™ pacing/defibrillation adapters are included. · Repair coverage for Pbysio-Control® ECG, Pacing and Defibrillation Simulators included. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance at1d evaluation procedures outlined in the service 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 property discarded (recycled). · If customer provides evidence that a Physic-Control Battery Pak fails to meet the perl'brmance tests noted above and/or the Battery Pak age exceeds 2 years, Physio-Controi shall replace said Physio-Control Battery Pak {like for like) i.e. F ASTP AK for FASTPAK, up to a maximum of 4 Physic-Control Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®10 defibrillator/monitor/pacemaker (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 the time of exchange. · Only batteries manufactured by Physic-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 pertbrmed 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 bilted at our standard list prices for parts and labor, including actual travel charges incurred. 219 Reference Number: V57-2466 Printed: l 0/20/2009 Addendum Page 7 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED INSPECTION ONLY SERVICES · If the customer requests that repairs be made as determined necessary by the Physio-Confrot Service Representative after completion ofthe inspection, such repairs will be made at Physio-Control's then current labor rate less 10%. Parts required for such repairs will be made available at 15% less than the then current list price for such parts. · Customer retains the responsibility to perform the battery maintenance and evalllation procedures outlined in the service 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, Physic-Control shall replace said Physic-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 the maximum amount of Physio-Control Battery Paks as is specified on Schedule A, every two years (including prior Support Plan periods). To assist in proper recycling and removal or low capacity batteries, replaced Dattery Pales become the property ofPhysio-Control and must be returned at the time of exchange. · Or1ly batteries manufactured by Physic-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 Physic-Control battery. Any repairs, as determined by a Physic-Control Service Representative, resulting from the use of a non-Physic-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurrl!d. · Inspections are performed Monday thru Friday Sam to 5pm (e;,:cluding holidays) 220 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 8 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDUL.EB UFEPAK® 12 (LP 12) Dcfibrillator/lvlonitor Includes: Standard detachable hard paddle repairs LP 12 lipgradc installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current t1eld-insta!led list price When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillator/Monitor Excludes: Internal, sterilizable and pediatric paddles Sp02 sensors and cables Communication cables Therapy cables Patient cables PCMCIA modems Case changes Discounts wHI not be combined with other special terms, discounts, and/or promotions. Physio-Control F ASTP AK®, F ASTP AK 2, LIFEP AK SLA, and UFEPAK NiCd Battery Battery maintenance, performance testing, evaluatlon, removal, recycling, and replacement are the responsibility oftlle Customer, and should be performed in accordance with the LP 12 Series Operating Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either {i) reported battery failure as determined by Customer's perforn1ance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled DiscardingiRecycling Batteries, or (ii) upon completion of the second year of use. Replacement Battery Pak shall be likefor like, i.e. FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the Term ofthis Agreement replacement shall occur no more than four times per two yenr period, nohvithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Controt of the existence of either ofthe conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected 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 affected battery referenced above shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event til at Physio-Control does not receive the affected battery referenced above, Customer will be charged at the then cnrrent rate for the replacement battery. Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by Physic-Control are expressly excluded from coverage under this Service Agreement. Physlo-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 Physic-ControL Any repairs, as detennined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physic-Control, will be bil1ed at Physio-Control's then current standard Jist prices for parts and labor, including actual travel costs incurred. LIFEPAK 12 Software Updates If combined Repair and Inspection services nre 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 it is 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 oJ $205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer 221 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 9 of !0 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB access to software loadrng tool at no addrtional charge. JfRcpair-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 iUl 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 thnn the then current li~L price. The cost of such software update will be billed in a separate invoice. Dependent upon availab!llty of Customer software loading tool, nnd at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physio-Control will replace the intemal coin cell battery according to the 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 Representativ~ access to those devices. Coin cell battery replacement will take place during the Tenn of this Agreement, according to the number of coin cell batteries listed in the Additional Items section of Schedule A. LIFEPAK® 500 AED · Repair coverage for Physio-Control® QUIK-CO!viDO™ Patient Simulators included. · Repairs to Physio-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrillation and Communications cables are excluded. · External Modems arc: excluded. · Battery chargers are included and shall be exchanged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as determined neces.sruy by Physio-Control. ·Discounts may not be combined with nny other special terms, discounts and/or promotions. Physio-Contro!® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the UFEPAK 500 AED Operating Instructions. Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). · lf 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 in the case of sealed lead acid batteries and 3 years in the case of lithium ion batteries, Physio-Control shall replace said Physio-Control Battery Pak (like for like) i.e. LIFEPAK 500 SLA for LIFEPAK 500 SLA or LIFEPAK 500 lithium ian for LIFEPAK 500 lithium ion, up to a maximum of2 LIFEPAK 500 SLA Battery Paks every two years or up to a ma.ximum of l LIFEPAK 500 lithium ion Battery Pak every 3 years (including prior Support Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the properly ofPhysio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Control are covered under this Service Agreement Any batteries manutactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety andfor performance of our product when operating with n non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufucturer'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 Hst prices for parts and labor, including actual travel charges incurred. 222 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 10 of 10 m MIAMI BEACH PURCHASEORDERICHANGEORDER ""Si!F" MAIL INVOICE TO: "SHIP TO" ADDRESS WITH COPY TO: Procurement Division CITY OF MIAMI BEACH, ACCOUNTS PAYABLE, 1700 Convention Center Drive 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 Miami Beach FL 33139 Telephone: (305)673-7490 ..... PO I BPO NUMBER . ' . PAGE 012839 1 of 1 VENDOR ID: '·.· DATE DATE_ REQUIRED: 015032 12/18/2009 VENDOR SHIP TO M EDTRONICS-PHYStOCONTRO L FIRE DEPARTMENT 11811 WILLOWS ROAD NORTHEAST CITY OF MIAMI BEACH REDMOND, WA 98073 2300 PINE TREE DRIVE MIAMI BEACH, FL 33139 PIC ISSUED BY I PHONE .. I, ·. E-MA,IL PAYMENTTERMS THOMAS, SHIRLEY I (305) 673-7490 I ShirleyThomas@miamibeachfl.gov AlP Net 30 Days REQUESTING DEPARTMENT I -PURCHASE AUTHORITY ··· ... ·F.O.B, ,_ I DESTINATION SPECIAL INSTRUCTIONS: Contact Person: Nedra Mareclus@ 305-673-7000@ 7140 .. Quantity Unit Description Unit Prica Ext. Price THIS IS A REVISED PURCHASE ORDER BlANKET PURCHASE ORDER For scheduled maintenance, annual · i.n_spection, calibration _and repair of electrocardiography defibrillators. AED's & batteri conditioners during FY09/10 COMMENTS· THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING DOCUMENTS. YOU MUST ALSO STATE YOUR PROMPT PAYMENT TERMS ON YOUR INVOICE (IE. 2% 10) FAILURE TO SUBMIT INVOICES AS STATED HEREIN WlLL RESULT IN A DELAY IN THE PAYMENT PROCESS. SEE ADDITIONAL TERMS AND CONDITIONS CONTAI'-IED HEREIN. U.S. TREASURY DEPT. TAX EXEMPTION UNDER REG. NO. F59-6000372, STATE OF FLORIDA TAX EXEMPTION CERTIFICATE B5-8012621639C-9 VENDOR COPY 223 26,444.00 .. SUBTOTAL 26,444.00 TOTAL 26,444.00 TERMS AND CONDITIONS 1, This purchase, blanket, or change order rcrm properly signed by the Procurement Dirac lor or d-esignee constitutes ttl a entire ag,eement Terms staled by Vendor in accept1ng or acknowledging this order shall nat be binding unless accepled in wrillng by the City of Miami Beach (the "City"). Vander may not ~ansfer or assign this order without tile City's prior wntlen consent. The proviskJns of lha Uniform Com marcia! Code-Article 2 Sales will govern Lhis contracl and afl right dvlieo of 1M Vendor and the City. Chapter 627. r-l<lrida Statues and tho Municipal Code ollhe CHy. Vendor sh<JII su~rably pack, mark, and ship i:1 accordance w1(h any nstructio.n frorn the-Cily ar.d the requirements of common c:arTiers to secure the lowest transportatioo cos~s> Vendor shalf be lioble for any difference in freight charge or damage to I he materials by ils rallureto comply therewith. Ver,dar will send the City a 'Notice of Shipman I" giving I he number of lhe ardor, kind and amount of materials and raula at or prior lo lime cf shipment. 3. JNVOICES. Render in~o~ofc:es as instructed on lhe race hereof immediately upon sllipmanl or comple~1on of or-der. Separale invoices mu"St be re(1dered in duplicate tor each order. All invoices must shew O!Jf purchase or blanket order number. 4. lllf! Cily may raturn ar,v malerials whidl are defective, unsatisfac!Of)l', or at rnferim quali~y CX" workmanship, or fail to meel specification or ether reqLJirements of Ulis order. Such materials sholl, unless by the City, remain the property of Vendor aod may be relurned al V011dor's risk and expense, and Vendor shell reimburse the City for all prior payments therefor and/or cos1!J ~ncurred 1n connse-lion with delivery or re!urn of such meleriEJis. 5. Vendarwa.-rants the male-rials will c(]nform to the descriplion and applicable spac1ficalions, shall be of goad merchantable qua[1ly and fit for the known purpose for which sold, thai I he materials are~ rree dear ol an liens and encumbrances, arld lhat Vendor has good merchantable tiUe. This is in addilionlo anv warranty or service guarantee given by Vendor lc the City •• provided by law. 6 Vendor shall comply, and has ccmplfed with all S~ata, Federal and local laws, regulations or order applicable to the purchase, manufacture, processing and delivert of materials, including but notlimilec to \he Fair Labor Slandards Act, or 1938, as amended. The provi•ions of Executive Order 10925.11114, and 11246, as amended, and any subsequent executive order relating lo equal oppc>rtun~y for employment an govemmenl canlracls and all Rules and Regulations of the President's CammiLLee Q(l Equal Oppcwiunily are incorporated by reference. The nondiscrimination clause canlained in Seclian 202. Executive Order 11246, as amended by Execulive Order 11375, relative to Equal Employment Opqartunity for all persons w1thout regard to raca. color, religion, sex or national origin, a11d the implemen(ing rules arx:l regulations p~escribed by Secrelary o# Labor, are incorporated herein. 7. If Vendor shaU default in any respect or became insolvent. or if a petition in bankruptcy or insolvency is filed by cr against Vendor unde< any Stale or Federal low, the C1ly in addiLiQ(l to oli\er rights or remedies. may terminate and cancel this order. A waiver or breach or any provision snail nol be a wa1ver or any other breach of such prov'oion or of any other pro11isions. The City sllall not, il any event, be tiable lo Vendor for speCial, ronfingent. or consequentiel dameges, B. DELIVERY: Delivery musl be made within lhe time specified in this order. II \he material is nat delivered within such specified time, tne City reserves the right Ia cam:elllle Ofder or any part thereof. \Mlen terms of delivery ere FOB Destination, Vendor shalL pay alllranspartation cha<ges, when terms ol delivery are FOB shipping point, freight charges shall be prepaid and added to 1nvaica. All prices considered FOB Miami Beach, FLorida, unless otherwise indicated. The City will not be respoosible for merchandise delivered to af1JI destination other than lhat specified herein. Deliveries accepted 8:30am to 4:30PM. Mooday through Fridays, except fer holidays Perishable material will be shipped so asIa arrive at destination on MQ(lday through Friday 9. All commuo<:atlons and acknowledgements concerning lhis order must shaw this purchase cr blanket order number and be direcled lo: The City or .VI rami Beach City Hell-Procuremonl Division 1700 Convention Center Drive M1ami Beach, FL 3:>139. 10. Vendor shell deland any suit or praceed1Clg brooght "l)ainst the Cily, ils officers, agents, and/or employees basec on a claim 111at tho manufacture or sale or 1M City iolended use or resale cl any of lhe materials covered cMstilules infmgemenl of any United Slll~es Letters Patent, now or hereafter issued, or violates any olher proprielary •nlerest (Including copyrights, trademarks and trade secmtsJ, if natifi.sd promptly in vn-iting and given authority. infannaticn, and as.sistancs [at Vendor's. expense) for the dafensa of s~ma: and Vendor sl"a~l pay all c1amages and c::osts, includinc; attorney's fee:s, awarded age~inst the Cily in such suit or proceeding. 1~ lhe -event the City is enjoined rmm use and/or resale of any of lhe matertals covered by this order as a resuH cf said suit or proceeding. Vendor shall (at its expense) expend all reasonable efforts to procure lor the City lhe right to use and/ or resell said materials. IF Vendorcan.,ol so procure the aforementioned right within a reasonable lime, Vendor shall !hen promptly (at Vendor's e>pense~ (1) modify said materials sa as to avoid infringement of any patent or other proprietary interest, or {2) reinstallation ca.sts in connec~ic,, therewith, or {3) remove said malefials and mfund the pufchase price ard reimburse the City ror the lransportatiorl and Installation costs thereof. Vendor sh:a" have the same obligations with respect lo any claim for inrringement of foreign patents or 11iolation of other roretgn proprietary interests ff the Gitv purchases hereunder for shipment to and ror 1he use or resale in a foreign country ar.d V-endor fs so advised. The paragraph 10 shajl constltuta the 3ole agreement relating lo liabilit~ rar infrtngemenl or viola~ en al proprietary rignts unLess expressly revised or revoked in writing. 11 Buyer's remedies, in lhe e\lent or default bv Vendor, shan be as provided by law, excapl oo olherwtse prO"Yided herein. 12. PACKING LISTS: Must accompany each case or parcel, showing the City's order number and complete de script ian of contents. All barrels, boxes, bags, crates cr other packages must be l.atleled with lag (linen tag preferred] securely fastened to packages, showing shLpper's name and our ofder number. If not f:JOS5~ble lo allact' to:~gs, information mus-1 be printed 011 oackages. Drop sh1pments and psrtials mus~ be trea~ed similarly. 13. Vendor must submit Material Safety Oata Sheets wilr shipments for substances found on lhe current Flo"da Tc>ic Substances List. In accordance with Florida Slatues-Chapler442. Saclion 6 {1) 14. If bid or conlractlerms, condHions andlor specifiCation d1ffer from those of :his purchase or blanket order, tha bid, canlracl or agreement shall take precedence 15 Vendor sh.alf nat offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for lhe purpose of influencing consideration of this ordar. 15. Call ::i05-G73-7490NOICE to recuest material in accessil>le formal or infarmalioo an access far :ersano with disabilities. For mere inlonmation on ADA compliance please call305- 673-7080. 224 MIAMI BEACH City of Miami Beach, 1700 Carwertian Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gav FIRE-RESCUE DEPARTMENT FAX COVER SHEET Tel: 305-673-7130, Fax: 305-673-7257 TO: Physio-Control, Inc. FAX #: 800-772-3340 FROM· Chris Parrino, EMS Division Chief SUBJECT: Executed Service Contract DATE: 12/21 /09 #OF PAGES: ll (lr1c cover) Sirs, Please Fir1d attached executed service contract and Purchase Order. p~j Chris Parrino Phone: (305) 673-7000 Cellular: (786) 402-5925 1/1/e are commifled lo providing exce/1,3nl public service and solely lo all who live, work, ond play in our vibrant fropJcal, hi sialic cammunily. 225 DATE, TIME FA::< HO. /t!Af·:IE DURATIOrl F'AGE(S) RESULT I·IDDE TF:AH~;HI%IDI··i 'o./EFHFICATIOH REPORT 226 12/21 11:03 '31 :::1307 72:::::::40 £10: 132: 3'3 13 O!< STAHDARD EC:M TIHE t·IAI·,IE FA>< TEL ~a;:. If 12/21/2009 11:06 Cf·:IE FIRE RE:::;CUE 31)56 737257 ::::05E· 7:3 7130 000HE .. J4,J:3563 TECHNICAL SERVICE SUPPORT AGREEMENT ~ Contract Nwnber: End User# 00095401 MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MIAMI BEACH, FL 33139 Medlronic Bill To# 0009540 l MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE ST£203 MIAMI BEACH, FL 33139 This Technical Service Support Agreement begins on 10/1/2009 and expires on 9/30/2010. 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 $25,148.00 per term, payable in Annual instalbnents. Special Terms 10% DISCOUNT ON ACCESSORIES 17% DISCOUNT ON LP12 UPGRADES CITY OF MIAMi BEACH FlRE DEPARTMENT RESCUE DIVISION. 2ND FLOOR 1680 MERIDIA.N AVENUE M!AM! BEACH, FL 331 :w Accepted: Physio-Control, Inc. By: e1.2~ ~ By: ------------------=--------------------- Title:T\ZcH >-.i\C,.._L ~(2...\j \CE ~T1V(!_P_ri_nt_: __ ___,c..::....:.... __ -j..-6.cu..::::z..o:::..:....::....!...l<:.. ______ _ Date: 9l2-\..{ \o'] _T_it_le_: _.:._ __ __;_ ____ .=o....:..:..;,;....t._-+-......_-.L.....I~~---- Territory Rep: EA VV57 Colon, Adalid Phone: 8004421142 x2464 FAX: 800-772-3340 227 Date: Purchase Order Number: Customer Contact: Chief Chris Parrino Phone: 305-673-7130 FAX: 305-673-7881 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page I of 8 Contract Number: Servicing Rep: District: Phone: FAX: PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: MIAMI BEACH FIRE DEPT, 00095401 1680 MERIDIAN AVE STE 203 MIAMT BEACH, FL 33139 Scope Of Service On Site Inspection Only-I Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK®lOOO 320371500021 34983222 22 101112009 9/30/2010 LIFEPAK®1000 320371500021 34983223 23 10/112009 9/3012010 LIFEPAK®I 000 320371500021 34983224 24 10/112009 9/30/2010 LlFEPAK®1000 320371500021 34983225 25 10/1/2009 9/30/2010 LIFEPAK®LOOO 320371500021 34983226 26 10/112009 9/3012010 Scope Of Service On Site Repair and I On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK® 10 804200-14 005267 10/1/2009 9/3012010 LlFEPAK® 10 804200-14 005268 2 10/1/2009 9/30/2010 UFEPAK® 10 804200-14 005285 3 101112009 9/J0/2010 LIFEPAK® 10 804200-14 005286 4 10/112009 9/30/2010 LlFEPAK® 10 804200-14 005287 5 101112009 9/30/2010 LIFEPAK® 12 \TLP12-02-002379 13453048 6 10/1/2009 9/3012010 LlFEPAK® 12 lnlP12-02-Q00741 12119147 7 10/1/2009 9/30/2010 UFEPAK® 12 VLP12-02-000741 12119146 8 10/1/2009 9/3012010 LIFEPAK® 12 VLP12-02-000741 12119145 9 10/1/2009 9130/2010 LIFF.PAK® 12 VLP12-02-000741 12119144 10 10/1/2009 9/30/2010 LIFEPAK® 12 VLPI2-02-000741 12119143 11 1011/2009 9/30/2010 LTFEPAK® 12 lnlP12-02-000741 12119141 12 10/112009 9/30/2010 LlFEPAK® 12 VLPI2-02-003974 31485869 18 101112009 9/3012010 LlFEPAK® 12 VLP 12-02-003974 31485870 19 10/l/2009 913012010 LIFEPAK® 12 lnlP12-02-Q05985 34955180 20 10/l/2009 9/3012010 LIFEPAK® 12 VLP12-Q2-Q05985 34955176 21 10/l/2009 9130/2010 LIFEPAK® 500 3011790-000113 13651283 27 10/1/2009 913012010 L!FEPAK® 500 3011790-000113 13659751 28 10/1/2009 9130/2010 UFEPAK®500 3011790-000113 13802778 29 10/1/2009 9/3012010 LIFEPAK® 500 3011790-000113 13802779 30 10/1/2009 913012010 Reference Number: V57-2458 Printed: 9/24/2009 228 Total Inspections 1 Total Inspections Renewal Page 2 of 8 I LIFEPAK® 500 30 Jl790-000 113 13802781 31 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13805762 32 1011/2009 9/30/2010 LIFEPAK® 500 301l790-0001!3 13840902 33 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13840905 34 1011/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13840906 35 10/1/2009 9/3012010 LIFEPAK® 500 3011790-000113 13840908 36 10/1/2009 9/30/2010 LIFEPAK® 500 3011 790-000 113 !3840938 37 10/112009 9/30/2010 LIFEPAK® 500 3011790-000113 13840939 38 10/1/2009 9/30/2010 LIFEPAK® 500 30 Il790-000 113 13840940 39 10/1/2009 9/30/2010 LIFEP AK® 500 3011790-000113 13840941 40 10/1/2009 9/30/2010 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 13 10/1/2009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 14 10/1/2009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 15 10/112009 9/3012010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436372 16 10/112009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436373 17 10/112009 9/30/2010 ** Denotes an inventory line that has ch311ged since the last contract revision or addendum. 229 Reference Number: VS?-2458 Printed: 9/24/2009 Inspections 0 0 0 0 0 Renewal Page 3 of 8 Contract Number: Additional Items Service Type CASE CHANGE MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Item Quantity Start Date LP12/15/20 CASE CHG 1-5 10/l/2009 ... Denotes an additional item line that has changed since the last contract revision or addendum. 230 Reference Number: V57-2458 Printed: 9/24/2009 End Date 9/30/2010 Renewal Page 4 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED LIFEP AK® I 0 DEFIBRILLATORIMONITORIP ACE MAKER · Paddle repairs arc included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). · Auxiliary Power Supply included when listed on equipment inventory (Schedule A). · Pacemaker repair is included. · Case changes are excluded. · Pacing and patient cables are excluded. ·FAST-PATCH® adapters and QUIK-COMBOTM pacing/defibrillation adapters are included. · Repair coverage for Physio-Control® ECG, Pacing and Defibrillation Simulators included. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service 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. F ASTP AK for FASTPAK, up to a maximum of4 Physio-Control Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®IO defibrillator/monitor/pacemaker (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 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. 231 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 5 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED INSPECTION ONLY SERVICES · lfthe customer requests that repairs be made as determined necessary by the Physio-Control Service Representative after completion of the inspection, such repairs will be made at Physio-Control's then current labor rate less 10%. Parts required for such repairs will be made available at 15% less than the then current list price for such parts. · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service 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 andfor 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 LTFEPAK NiCd for LIFEPAK NiCd, up to the maximum amount of Physio-Control Battery Paks as is specified on Schedule A, every two years (including prior Support Plan periods). To assist in proper recycling and removal oflow 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. · Inspections are performed Monday thru Friday Sam to 5pm (excluding holidays) 232 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 6 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED LIFEPAK® 12 (LP 12) Defibrillator/Monitor Includes: Standard detachable hard paddle repairs LPI2 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current field-installed list price When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillatortrvlonitor Excludes: 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 tenns, discounts, and/or promotions. Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, and LIFEPAK NiCd Battery Battery maintenance, pertbrmance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer, and should be perfonned in accordance with the LP 12 Series Operating Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either (i) reponed battery failure as determined by Customer's performance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion ofthe second year of use. Replacement Battery Pak shall be like for like, i.e. F ASTP AK for FASTP AK. F ASTP AK 2 for F ASTP AK 2, etc. During the Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected 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 affected battery referenced above shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above, 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 ru:tual travel costs incurred. UFEPAK 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 it is 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 o1 $205.00 per unit per sofu.vare update. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer 233 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 7 of 8 PHYSIO-CONTROL~ INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED access to software loading tool at no additional charge. 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 Tenn 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. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physio-Control will replace the internal coin cell battery according to the 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 Tenn of this Agreement, according to the number of coin cell batteries listed in the Additional Items section of Schedule A. LIFEP AK® 500 AED · Repair coverage for Physio-Control® QUIK-COMBO™ Patient Simulators included. · Repairs to Physio-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrillation and Communications cables are excluded. · External Modems are excluded. ·Battery chargers are included and shall be exchanged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as determined necessary by Physio-Control. · Discounts may not be combined with any other special tenns, discounts and/or promotions. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the LIFEP AK 500 AED Operating Instructions. 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 in the case of sealed lead acid batteries and 3 years in the case of lithium ion batteries, Physio-Control shall replace said Physio-Control Battery Pak (like for like) i.e. LIFEPAK 500 SLA for LIFEPAK 500 SLA or LIFEPAK 500 lithium ion for LIFEPAK 500 lithium ion, up to a maximum of2 UFEPAK 500 SLA Battery Paks every two years or up to a maximum of l LIFEP AK 500 lithium ion Battery Pak every 3 years (including prior Support Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (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 guardlltee 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. 234 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 8 of 8 THIS PAGE INTENTIONALLY LEFT BLANK 235