HomeMy WebLinkAbout2014-007 Agrmt - Physio Control Inc
TECHNICAL SERVICE SUPPORT AGREEMENT
Contract Number:
End User 0 00189603 Bill'I'ott 00189602
ASIILAND FD ASHLAND FD
455 SISKIYOU BIND CYO ASHLAND-CITY HALL
ASHLAND, OR 97520 20 E MAIN ST
ASHLAND, OR 97520
This Technical Service Support Agreement begins on 2/1/2014 and expires on 1/31/2015.
The designated Covered Equipment and/or Sollwnm 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 Managcmam Support and Upgrade Service is included on Schedule A then this Technical Service
Support Agreement is also subject to Physio-Contrel's Data Management Support and Upgrade
ServiceTerms and Conditions, rev 7/99-1. '
Price of coverage specified on Schedule A is $9,360.00 per term, payable in Annual installments.
Special Terms
15% DISCOUNT ON ACCESSORIES
15% DISCOUNT ON ALL ELECTRODES
Accepted: -Phhysio-Control, Inc. Customer:
Hy: ~t~(~-^ 4
/I
Title: _ Print: lHA/ III' A S
Date: 1 ~a Title:. Pie eg/eF
Date (9,-0 e?',2O1 cl
Purchase Order Number:
Territory Rep: WENN68 Customer Contact: =CI Gina Bondi Greg Case FORM
Phone: 800-442-1142x2228 Phone: 541-492-2770 rAX: 800.772-3340 FAX: ay
Data-1/ (J/ 1 T
Reference Number. N68.1932 Renewal
Printed: 1/9/2014 Page I of 5
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 Physio-Contrors 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 wilhoul the prior writer,
consent of Physio-Ccnlrol.
SERVICES. The Services provided under [his Agreement are set forth on Schedule A Physlo-Control strives, but does not guarantee.
to return service calls w11Nn Iwo (2) hours and to resolve service issues within lwenly-fore (24) hours. Following Services,
Physio-Control will provide Customer with a written report of actions taken or recommended and idenlifici lion of any materials
replaced or recommended for replacement. The foxawng Services are available and further described as they relate to each specific
Physio-Control device on Schedule. BI
"RepairPlus 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 adJuslmenl 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 property. Electrical safely 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 8 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 safely check In accordance wllli NFPA guidelines. and Updates (as set forth
below), subject to Exclusions.
'Battery Replacement Service means replacement of batteries on a one-for-one, tike-for-like basis, up to the number of batteries
andlor devices listed in Schedule A. Only batteries manufactured or distributed by Physio-Control are eegihle for replacement.
Battery replacement is meflable upon Customer notficalion to Physto-COneol of the occurrence of: (1) battery failure as
determined by Customers performance testing and evaluation in accordance with the applicable Operating Instructions; or (ti) the
end of the useful life of the battery as set forth in me applIcable Operating Instructions.
At the discretion of Physio-Control, battery replacement shall be effected by shlpmenl to Customer and replacement by
Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customei s receipt of a
replacement battery, the battery being replaced shall become the properly of Physio-Control, and Customer musl return the
battery being replaced to Physio-Conlrol for proper disposal, In the event that Physio-Control does not receive the battery being
replaced. PhysioConlrol will invoice Customer the then-current rate for the replacement battery.
'On-Site Service means that a Physio-Control factory-trained technician will provide Services al Custorneis 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-Coraror
will cover travel andfor round-trip freight for Covered Equipment that most be sent to our designated facility for repair-
'Ship-In Service" means that Services will be performed at Physio-Contrors designated facility. Physio-Control will cover
round-trip freight for Covered Equipment fhat 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 wtstde of designated Services frequency or hours. Physio-Contral will charge Customer for such services at 10% of
Physio-Contrors standard tales (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 Iheh-currenl list price-
EXCLUSIONS. Unless otherwise specified. Services do not include the following Exclusions:
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 nor distributed by Physio-Control
case changes
repair or replacement of items not originally distibuted or insisted by Physio-Control
Upgrades, and installation of Upgrades
battery maintenance, performance testing. evaluation, removal. 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 assxnes complete responsibility for the loaner
Reference Number: N63-1932 Renewal
Printed: 1/92014 Page 2 of 5
and shall return the loaner at Customers expense to Physio-Control In the some condition as received, upon the earlier of Ile return
or (he removed Covered Equipment or Physio-Conlr l s request.
UPDATES. "Update means a charge to a device to enhance Its current features, stability, or software. If Comprehensive Service or
Repair If Inspect Service is designated for Covered Equipment on Schedule A. Physio-Conlyd 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 lime other then regularly scheduled Comprehensive Service or Repair 6 Inspect Service, will be billed an a separate Invoice at
20% off the Ihenc rrent list price of the Update. For all Service plans, If parts must be replaced to accommodate Inataaatlon of new
software, such parts may be purchased at a rate of 30% off the (hen-current list price.
UPGRADES. 'Upgrade means a major. standalone version of software a 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 avahable at a rate
of 17% off the than-wnem list price.
PRICING. Pricing is set forth on the fast page of this Agreement, or in the Quote and/or Invoice for the Services purchased. Prima do
not include lazes. Sales, service a use taxes win be Invoked in addition to the price of the goods and Services covered by this
Agreement unless Physio-Control receives a copy of a va0d exemption certificate, If the number or configuration of Covered
Equipment changes during the Tenth, pricing shag be pro-rated accordingly. For Preventative Maintenance Service, Inspection Only
Service, Comprehensive Service, and Repair 6 Inspect Service, no pricing deduction will be made for removal 01 Covered Equipment
if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance
and inspection are scheduled to actor, Discouma may not be combined Win other special terns. discounts, andior prDmDitons.
PAYMENT. Payment Is due within thirty (30) days of invoice date.
WARRANTY. Physio-Conbol warrants Services performed under this Agreement and repair/replacement parts provided In pedomtlng
such Services against defects in material and workmanship for ninety (90) days from the date Services were performed or a
mpairaeplacement part was provided, Customers sole remedy shall be reservictng the affected Covered Equipment and/or
replacement of arty parl determined to be defective, withal additional charge, provided Customer notifies Physlo.Conlrel of any
allegedly defective condtion within ten (10) calendar days of Its discovery by Customer. Physlo-Control makes no other warranties,
express car 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 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 Agreemml shall aulomellcaly 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 lhkty (30) days' written
notice to the other parry, and provided such breach Is trot cured within the notice period. In addition, either party may terminate Inds
Agreement at arty time upon scaly (60) days' prior written notice to the other party. In the event of such early terNnalion by Customer, -
Customer shah be responsible for the portion of the designated price which corresponds to the portion of the Term prim to the
effective date of lerminalion and the list-price cost of any preventative maintenance. Inspections, or repairs rendered during the Term.
DELAYS. Physio-Control will not be liable for arty toss or damage of arty kind due to Its falure to perform or delays in Us performance
resulting from any cause beyond Its reasonable control, "nhduding. but not lindled to, acts of God, labor disputes, labor shortages, the
requirements of any governmental authority, war, civil unrest, delays In manufacture, obtaining arty required license or permit. and
Physio-Contrors inability to obtain goods from its usual soumes. Any such delay shah not be considered a breach of Physio-Conlrors
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 of a
current Physio-Control Technical Service Support Agreement must be Impacted and repaired (it necessary) to meet Original
specifications at then-curent list Prime Prim to being covered under a Technical Service Support Agreement. Physic-Control reserves
the right to refuse to support any device that has been remanufadured by a company other Dan Physlo-Control.
MISCELLANEOUS. (a) During the Tenn of this Agreement and for one (1) year following Its expiration, without Physio-Controre prior
written consent, Customer agrees to not to solicit a offer employment to anyone who Is employed by Phyalo-Control to provide
Services such as those described in this Agreement; (b) INS 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 laws of the
Slate in which the Services are provided: (d) all costs and expenses incurred by the prevailing party related to 0le enforcement of Its
rights under this Agreement, including reasonable attorneys fees, shall be reimbursed by the other party.
Reference Number: N68-1932 Renewal
Printed: 1/92014 Page 3 of 5
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Conlract Number:
Servicing Rep: JOE MACKOWIAK, WP-NN55
District: WIEST
Phone: 800-442-1142 x2844
PAX: 800.772-3340
Equipment Location: ASHLAND PD, 00189603
455 SISKIYOU BLVD
ASHLAND, OR 97520
Scope Of Service On Site Preventative Maintenance; Ship In Repair Plus
Rel. Elreclive Expiration Total
Mattel Pon Number Serial Number Line IAIe IAIe Insoee11on4
I.IFL'PAK4t 12 V1.1112-02.002164 13598430 1 21112014 1/3112015 1
1.11'LPAKW 12 VI.1'12-02-002164 13598432 2 2/1/2014 1131/2015 1
1,11'LPAKOD 12 V1.1112-02-003164 13598433 3 211/2014 113112015 1
1.u'n'AMi 12 V1,1`12.02.002164 13599434 4 211!2014 1/3112013 1
1.11 UPAKO 12 VLP12.02-002164 13808176 8 211/2014 1/3112015 1
1AMPAUD 12 V1.1`12-02-002164 13808180 6 2/12014 1131121115 1
1,11PYAK4012 V1.1`12.02-0021M 13808181 7 21112014 113112015 1
1,IFEPAKe112 VIX12-024002940 30166671 8 2112014 1131120t5 I
L11 '11l'AK4012 V1.1112-02.002wo 30491400 9 2112014 1/312015 1
IAnotes an Inventory line that Ilan elu,niled since the lost contract revision or addendtm
ReferenceNmnber: N68-1932 Renewal
Printed; 1/912014 Page 4 of 5
PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFITAM 12 Uclibrillalor/Monitor Scivices
H ITTAKR112 Dclibrillalor/Monitor Comprchensise Service
• 1'revemathe maintenance and inspections at intervals set forth on Schedule A
• Ports and labor necessary to restore device to original spmi0enlions, subject to Exclusions
• Standard detachable hard paddles repair or replacement
• RLDI-CI IARGEID battery charger (Catalog# 11141.000115) repair or replacement of one for each U FEPAK 12
DefibrillatorfMonilor listed in Schedule A and as dcicrmined necessary by Physio-Control
• l'o%%vr Adapter repair or replacement
• 13.itlery Replacement Service
o Replaccmem of failed imenml coin cell batteries; and
o Replacement of lbur(4) Physio-Control FASTPAK40 batteries, FASTPAK 2 batteries, LIFITAK SLA batteries, .
I.II'IiPAK NiCd ballcrics every two years, or upon battery fuilure; or
n Replacement of Ihrce (3) LIFITAK Lithium-ion batteries every two years, or upon battery failure
• Updates hnslnlled al no additional cost, provided such Updates ore installed at the time of regularly scheduled Semin:s.
If pans must he replaced bo accommodate imanttation of new so0mvre, such Pans may be purchased at u rate of 30%off the
Ilunaurrenl flit prim.
LIFITAKM 12 Defibrillator/Memitor Repair Plus Service
• Pours mid labor necessary to mnlarc device in original specifications, subject to lxclusions
• Standard detachable laud paddles repair or replacement
• REDI-Cl1A RGE4D baiter) dmrgcr (Camlogfi 11141-000115) repair or replacement of one for each I.IITPAK 12
leftbrillotor/Monilur listed in Schedule A and as delemnincd necesmry by Physio-Control
• Power Adapter repair or replacement
• Battery Replatenwin Service
o Replacement of fniled internal coin cell batteries; and
u Replacenenl of four (4) Physio-Contrul FASTPAKO batteries, FASTPAK 2 batteries, LIFHPAK SLA batteries,
LIFITAK NiCd batteries every two years, or upon bancry'failun every I'm yeah, or upon battery failure; or
o ItePlammem of three (3) LIFITAK Lithium-inn ballcrics every htv years, or upon battery failure
• Updates installed at 20:'° off the then-current list prim provided such Updates arc installed at the lime of regularly
scheduled Services. If pons must be replaced to accommodate installation urns somnurc, such Paris may he purchased
at a rate of 3W. Witte then-curreln list price. '
LIFITAK® 12 Defibrillator/Monitor Preventative Maintenance Service
• Premotulivc maintenance and inspections at intervals set forth on Schedule A
• Updat" installed at 2M"ff the then-current list prim Provided such Updates are installed at the time of regularly
scheduled Services. If pans must be replaced to accommodate installation of new mAware, such pans may be purchased
at a rate of 30°%olflhe then-current list prim.
Reference Number: N68-1932 Renewal
Printed: 119/2014 Page 5 of 5
i
Physio-Control, Inc. I Lifesaving starts here.
ADDRESS January 9, 2014
11811 Willows Road NE
Redmond, WA 98052
ATTN: Greg Case
PHONE Ashland Fire Dept
GENERAL 455 Siskiyou Blvd.
4258674000 Ashland, OR 97520
TOLL FREE
800 442 1142
Dear Chief Case
www.physio-control.com
Ensuring your lifesaving devices continue to operate at peak performance is vital to patient care. The best
way to maintain peak performance while controlling maintenance costs is through our comprehensive ser-
vice offering. As a current technical service support agreement customer, I trust you are satisfied with the
service provided during the current contract period and recognize the value of the agreement, designed to
maximize the return on your investment.
Key benefits and features may include:
• Maximize device reliability and reduce downtime with on-site premium service
• Help avert risk with assured compliance to recommended maintenance by manufacturer-trained,
staff technicians
• Periodic Quality Assurance Inspections - performed in accordance with -
manufacturer specifications
• Unlimited service calls including parts and labor
• Battery management and proactive replacement supporting OEM recommendations
• Fixed annual costs for budgetary purposes
• Discounts on feature upgrades and product consulting on latest technology innovation
• Loaner devices (based on availability)
• . Software updates
Refer to your Technical Service Support agreement or consult your Field Service Representative for your
specific coverage solution.
Enclosed is a copy of your Service Agreement, as your current agreement expires on 1/31114
To approve, please sign, retain a copy for your records and return all pages to our office
by fax to 800-772-3340, email to rs.seaservicecontracts@physio-control.com
or mail to the address above with attention to Pricing and Contracts Department.
Receipt of your signed agreement prior to the contract effective date will enable Physio-Control to con-
tinue to providing the premium service. Servicing activity will not be performed if a current Service Support
Agreement is not in place.
Thank you for allowing us to be partners in health care. If you should have any questions, please feel free to
contact me at 1-800-442-1142, option 1, extension 72228
Sincerely,
PHYSIO-CONTROL, INC.
Gina Bondi
Senior Tech Svc Rep
Enclosure
E.rl a Page
Y RECQ^DER 1
~ . C I T Y OF
ASHLAND DATE PO NUMBER.
12061
20 E MAIN ST. 1/17/2014
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
quantity Unit Description Unit Price Ext. Price
Renewal of heart monitor service 9,360.00
contract
Technical Service Support Agreement
Beginning date: 02/01/2014
Completion date: 01/31/2015
SUBTOTAL 9,360.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 9,360.00
ASHLAND, OR 97520
Account Number' ;Project Number . Amount Account Number _ , Project Number Amount'_,
E 110.07.13.00.60416 936000
Authorize ignature (/l7/ZO wee VENDOR COPY
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: ffta
Required date for delivery:
Vendor Name Physio-Control Inc.
Address, City, State, Zip 11811 Willows Rd N.E., P.O. Box 97006
Contact Name & Telephone Number a mon a. UdUbZ
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Wdtten findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Wdtten quote or proposal attached
❑ Wdtten 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 #
❑ VerbalfWritten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement Contract #
X❑ Sole Source Other
GOODS & SERVICES - [F] government agency contract
vv
tad pliable Form 7 or t a Agency
$5.000 to $100,000
El (3) Wdtten quotes attached vdtten w or Asa lathed Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
❑ Form #9, Request for Approval
❑ Agency
$5.000 to $75,000
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
El (3) Wdtten proposals attached Date approved by Council: (Date)
Valid until: Date
Description of SERVICES Total Cost
Renewal of heart monitor service contract. $ 9r36~ QD
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $ - ;
Project Number AccountNumber_110_-07_•13.00.604160
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 thi r ' 't n form, I certify that the City's public contracting requirements have been satisfied.
Employee Signature: Department Head Signature: C t~^
~~nn~~ J(Equal toor reater than $5,000)
Additional signatures (if applicable):
Funds appropriated for current fiscal year lQ~ / NO V°'!~ j 7
Finance Director-(Equal to orgreate an$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: Physio - Control inc.
Date: 1/09-2014
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: 9,360.00
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
Gt/E y2 YGP~«~
~ CEIVED
B:
Form #5 - Sole Source -Personal Services-Less than $75,000, Pagel of 2,119/2014
Findings:
[The findings below must include factual information supporting the determination?
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 filly addressed and there must be
wriflen documentation to support facts.]
[In accordance with ORS 279B.075, these are the examples o~rlndings that should be addressed
Select at least one of the findings and prepare the determination as it specifically relates to the
goods or services being procured. More than one finding can be addressed The findings are as
follows.
Pursuant to ORS 279B.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)(h): Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other public or
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 279B.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 2,1/9/2014