HomeMy WebLinkAbout2013-024 Agrmt - Physio Control
TECHNICAL SERVICE SUPPORT AGREEMENT
Contract Number:
End User N 00189603 Bill To 8 00189602
ASHLAND PD ASHLAND PD
455 SISKIYOU BLVD CYO ASHLAND-CITY BALL
ASI (LAND, OR 97520 20 E MAIN ST
ASHLAND, OR 97520
This Technical Scrvicc Supporl Agreement begins on 2/1/2013 and expires on 1/31/2014.
The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement
is subject to the Tema 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-Contreh's Data Management Support and Upgrade
Service Terms and Conditions, rev 7/99-I.
Price of coverage specified on Schedule A is $9,657.00 per term, payable in Annual installments.
Special Tennis
15% DISCOUNT ON ACCESSORIES
15% DISCOUNT ON ALL ELECTRODES
Accepted: . C-Con of "c. Customer:
By; z1z B y.:
Title: Print: ".,/!%II IIL✓ S
Data 30 /3 Title: r(Ct l' Lail l t
Date: v~ 0 ' J 3
Purchase Order Number:
Territory Rep: WEATN55 CaslomcrContnct:
JOE MACKOMAK Oren Case ~~S t1/ IOftYI
Phone: 800-442-1142x2844 Phone: 541-482-2770
PAX: 800-772.3340 PAX:
Reference Number. NSS-2056 Renewal
Printed: 1/16/2013 Page 1 of 5
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PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
Customers signature or purchase order referencing this Technical Service Support Agreement are required prior to Physio-Control's
acceptance 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. These terms may not be
revised In anymainner vAthout the prior%-Mlten consent of Physlo-Control.
SERVICES. The services provided under this Agreement are set forth on Schedule A. Physlo-Conlrol strives to return service calls
within two (2) hours, and strives to resolve service Issues vrithin Mrenty-four (24) hours. FollovAng service, Physlo-Control vdll provide
Customer vdth a vaillen report of actions taken or recommended and identification of any materials replaced or recommended for
replacement. The following services are available:
"Repair Only Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to
original specifications, subject to Exclusions.
"Inspection Only Service" means Inspections of Covered Equipment to verify proper device,calibralion, mechanical operations
and output measurements, electrical safety check in accordance with National Fire Protection Association (NFPA) guidelines and
labor, subject to Exclusions.
"Repair and Inspect Service" means repairs, Battery Replacement Service, pads and labor necessary to restore Covered
Equipment to,origlnal specifications, and inspections to verify proper device calibration, mechanical operations and output
measurements, electrical safely check In accordance vAlh NFPAguidelines and Updates (as set forth below), subject to
Exclusions. '
"Satiety 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-Conlrol are eligible for replacement.
Battery replacement is available upon Customer notification to Physio-Control of the occurrence of.,
0) Battery failure as determined by Customers performance testing and evaluation in accordance vAth the applicable
Operating Instmclions; or
OD The end of the useful life of the battery asset 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-Conlrol Service Technician. Upon Customers 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-Conlrol does not receive the battery,
Customer will be charged at the then-current rate for the replacement battery.
"On-Sile Serv/ce" means that a Physio-Control factory-trained technician rill provide service at Customers location. Services
vAll be performed behveen 8:00am and 5:00pm local time, Monday through Friday; excluding holidays. Customer is to ensure
Covered Equipment is available for service at scheduled times. Some service may not be completed On-Site. Physio-Control
vAll cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated service facility for repair.
'24-pour On-Site Service"means that a Physio-Control factory-tralned technician will provide service at Customers location at
any time, except on the holidays listed above. Customer is to ensure Covered Equipment Is available for service at scheduled
times. Some service may not be completed OnSite. Physio-Control .vAll cover travel and/or round-trip freight for Covered.
Equipment that must be sent to our designated service facility for repair.
"SMp-In Service" means that service rill be performed at Physio-Control's designated service facility. Physio-Control vAll cover
round-trip freight for Covered Equipment that Is sent to our designated service facility for repair.
If Covered Equipment Is not available as scheduled or Customer requests services or goods not covered by this,Agreement or outside
of designated service frequency or hours, Physio-Conlrol vAli charge Customer at Physio-Control's standard labor rates less 10%
(including overtime, if appropriate) and applicable travel costs. Parts required for such repairs vAll be made available at 15% off the
then-current list price. -
EXCLUSIONS. Unless olhen•Ase specified, this Agreement does not include:
❑ supply or repair of accessories or disposables
❑ repair of damage caused by misuse, abuse, abnormal operating conditions, use of batteries or other products not distributed
by.Physlo-Control, operator errors, or acts of God
❑ case changes i
❑ repair or replacement of items not originally distributed or installed by Physio-Control
❑ Upgrades and installation of Upgrades -
❑ battery maintenance, performance testing, evaluation, removal and recycling
- Reference Number: N55-2056 Renewal ~
Printed: 1/16/2013 Page 2 of 5
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LOANERS. If Covered Equipment must be removed from service to complete repairs, Physlo-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
and shall return the loaner at Customer's expense to:PhysWConlrol in the same condition as received. upon the earlier of the return
of the removed Covered Equipment or Physlo-Control's request - '
UPDATES. "Update means a change to a device to enhance Its current features. stability, or software. If Repair and Inspect Service
Is designated for Covered Equipment on Schedule A, Physlo-Control will Install Updates at no additional cost, provided such Updates
are installed at the time of regularly scheduled service. If parts must be replaced to accommodate installation of new software, such
parts may be purchased at a rate of 30% less than the then-current list price. Updates Installed on Covered Equipment designated as
Repair Only Service, Inspect Only Service, or at a time other than regularly scheduled Repair and Inspect Service.vdll be billed on a
separate invoice at the then-current list price less 20%.
UPGRADES. 'Upgrade means a major, slandalone, version of software or the addition of features or capabilities to a device.
Upgrades must be purchased separately, and are not provided under this Agreement. Upgrades are available at a rate of 17% less
than the then-current list puce.
PRICING. Pricing Is set forth on the front page of this Agreement. Prices do not include taxes. Sales, service or use taxes vAll be
invoiced in addition to the price of the goods end services covered by this Agreement unless Physlo-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 Inspection Only Service and Repair and Inspect Service, no pricing deduction uAll be made for removal of Covered
Equipment ff an Inspection has already been performed during the Term. Discounts will not be combined vrith other special terms,
discounts, and/or promotions.
PAYMENT. Payment is due within thirty (80) days of Invoice date.
WARRANTY. Physlo-Control warrants services performed under this Agreement and replacement parts provided in performing such
services against defects In material and workmanship for ninety (90) days from the datea 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 additional charge, provided Customer notifies Physio-Control of any allegedly defective condition wilhin ten (10) calendar days
of Rediscovery by Customer. Physio-Control makes no other warranties, express or implied, Including, without limitation, NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL
PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
TERM. The Initial Term Is set forth on the front page of this Agreement. 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 periotl. In addition, either party may terminate this
Agreement at any time upon sixly (60) days' prior %,fallen notice to the other party. In the event of such early termination, 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
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termination and the cost of any services rendered during the Term.
DELAYS. Physio-Control tvili not be liable for any loss or damage of any kind due to Its failure to perform or delays in Its performance
resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the
requirements of any governmental authority, war, civil unrest, delays In manufacture, obtaining any required license or permit, and
Physio-Control's inability to obtain goods from Its usual sources. Any such delay shall not be considered a breach of Physlo-Control's
obligations and the performance dates shall be extended for the length of such delay.
DEVICE INSPECTION BEFORE ACCEPTANCE.AII devices that are not under Physio-Control Limited Warranty or a current
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.
MISCELLANEOUS. (a) Customer agrees to not employ or.offer employment to anyone performing services on Physlo-Control's
behalf during the Term of this Agreement or for one (1) year following its expiration without Physlo-Control's prior written consent; (b)
this Agreement, and any related obligation of other party, may not be assigned in whole or In part vathoul the prior written consent of
the other party; (c) this Agreement shall be governed by the laws of the State In which the service is 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.
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ReferenceNtunber: N55-2056 Renewal j
Printed: 1/16/2013 Page 3 of 5
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PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A j
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Contract Number:
Servicing Rep: JOEMACKOWIAK,NVFNN55
District: \VEST
Phone: 800-4424142 32844
FAX: 800-772-3340
Equipment Location: ASHLAND FD, 00189603
455 SISKIYOUBLVD j
ASHLAND, OR 97520
Scope Of Service Ship biRepair- I On Site lnspection pcr year:M-F/8-5
Ref. Effective Expiration Total
Made, Part N mbe Serial Number Line Dal U l Insoeelions
LIFEPAK® 12 VLP12-02-002164 13598430 1 2/1/2013 1/31/2014 1
LIFEPAK®12 VLP12-02-002164 13598432 2 2112013 1/3112014 1
LIFEPAK® 12 VLP12-02-002164 13598433 3 2/12013 1131/1014 1 J
LTFEPAK4u 12 VLP12.02.002164 13598434 4 2/12013 11312014 - 1 ii
LIFEPAK® 12 VLP 12-02-002164 13303176 5 2/12013 1/31/2014 1
LIFEPAK®12 . V1,1712-02.002164 13803180 6 2/12013 11312014 1
LTFEPAK®12 V1,012-02-002164 13808131 7 2/12013 11312014 1
LIFEPAK® 12 VLP 12-02-002940 301 466671 6 2/1/2013 1/312014 1
LIFEPAK41)12 VLM-02-002940. 30491460 9 2/12013 1/312014 1
Denoles an inventory line that hu changed siocc the last contract revision or addendum.
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Reference Number: N55-2056 M eNval
Printed: 1/16/2013 Page 4 of 5
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PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREKMGNT
SCHEDULE B
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LIFEPAKID 12 Uetibrillntor/Monitor Repair Scrcice includes:
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• Standard detachable hard paddle repairs.
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• Replacement or repair of Physio-Control battery charging systems, on a one-for-one basis with the total number of LPI2
defibrillator/monitors listed in Schedule A and as determined necessary by Physio-Control.
• Poim Adapter repair/replacement. - ;
• Replacement orfniled 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 of Schedule A according to Physio-Control service specifications.
• Battery Coverage
• Replncetnan of four (4) Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery every two
years, or upon battery failure;
OR
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• Replacement of three (3) LIFEPAK Li4on Batteries every two years, or upon battery failure.
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ReferenceNuntkr. N55-2056 Renewal j
Printed: 1/16/2013 Page 5 of 5
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Page 1 /1
~ . C I T Y OF CITY RECG'IMER
ASHLAND DATE PO NUMBER
20 E MAIN ST. 2/1/2013 11421
ASHLAND, OR 97520
(541) 488-5300 '
VENDOR: 003977 SHIP TO: Ashland Fire Department
PHYSIO CONTROL INC (541) 482-2770
12100 COLLECTIONS CENTER DRIVE 455 SISKIYOU BLVD
REMIT TO ASHLAND, OR 97520
CHICAGO, IL 60693
FOB Point: Req. No.:
Terms: Net - Dept.:
Req. Del. Date: Contact: Greg Case
Special Inst: Confirming? No
> ''guantit `:Unit Description UnifPrice Ext.:Bnce
Renewal of heart monitor service 9,657.00
support agreement - Term beqins
02/01/2013 and expires on 01/31/2014
f,.
SUBTOTAL 9,657.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 9,657.00:
ASHLAND, OR 97520
'~Account Number Project Number - ` -Amount - Account Number Project Number Amount.
E 110.07.13.00.60416 9,657.00
Auth zed Signature VENDOR COPY
FORM#3 ..L~~ / CITY OF
A request for a Purchase Order 1 ASHLAND
REQUISITION Date of request: IMIL
Required date for delivery:.
Vendor Name Ph Sio-Control Inc.
Address, City, State, Zip 1181 Willows Rd N.E., P.O. Box 97006
Contact Name & Telephone Number Redmond a. UdUbZ
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement X❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) El Other government agency contract
$5,000 to $100.000 Agency
El (3) Written quotes attached ❑ Written quote or proposal attached Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5.000 to $75.000 El Form #9, Request for Approval El Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals attached Date Valid until: approved by Council: Date (Date)
Description of SERVICES Total Cost
AL Renewal of heart monitor service contract. k
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTALXCOST,r
❑ Per attached quotelproposal $5
Project Number Account Number -110 -07 -13-00-604160 MI
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
ITDirector Date Support-Yes/No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee Signature: Department Head Signature: 04--V-2
('Equat to or grediter than $5,000)
Additional signatures (if applicable):
Funds appropriated for current fiscal ye ar.ES / NO
Finance Director- (Equal to or eater than $5,000) Date
Comments:
Form #3 - Requisition
CITY OF
FORM #5 ASHLAND
SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS
GOODS AND SERVICES
Less than $100,000
To: John Karns, Fire Chief
From: Physic, - Control inc.
Date: 1/17=2013
Re: Sole Source Determination and Written Findings for Goods and Services
In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there
is only one provider of a product or service of the quality and type required available.
Estimated total value of contract: 9,657.00
Project name: Heart monitor Service contract renewal
Description of goods and services: Renewal of service contract -attached
Background:
Annual renewal of heart monitor service contract with Product manufacture to maintain
warranty
Form #5 - Sole Source -Personal Services - Less than $75,000, Page 1 of 2,1/17/2013
Findings:
[The findings below must include factual information supporting the determinationl.
Market Research Overall finding: [Include the market research conducted that demonstrates
there is only one source that can provide the goods or services. This would include research of
the internet, trade journals, agency vendor lists, professional organizations, studies,
catalogs/industrial periodicals, vendor sources, yellow pages, etc. For Information Technology
Contracts any ownership or proprietary issues should be fully addressed and there must be
written documentation to support facts.] .
[In accordance with ORS 2798 075, these are the examples of findings that should be addressed.
Select at least one of the [:ndings and prepare the determination as it specificaliv relates to the
goods or services being procured. More than one finding can be addressed. The findings are as
follows. '
Pursuant to ORS 27913.075 (2)(a): Provide findings supporting your determination that the
efficient utilization of existing goods requires the acquisition of compatible goods or
services from only one source. [Provide clear and concise information to support this
determination.)
Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other public or A - ,
private agencies are available from only one source. renewal of heart monitor service contract
with Product manufacture to maintain warranty
Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the
goods or services are for use in a pilot or an experimental project. [Provide clear and
concise information to support this determination.]
Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the
goods or services are available from only one source. [Provide clear and concise information
to support this determination. If there is more than one finding that supports this determination,
please address them independently.]
Form #5 - Sole Source -Personal Services - Less than $75,000, Page 2 of 2,1117/2013