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Home My WebLink About2006-015 Agrmt - Medtronic Physio Control Medtronic Emergency Response Systems Copy ~ MedIronic: ~Na,'-"'HMbh.~Lift TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User # 00189603 ASID..AND FIRE DEPARTMENT 455 SISKIYOU BOULEVARD ASlD.AND, OR 97520 Bill To # 00189602 ASID..AND FIRE DEPARTMENT CYO ASID..AND-CITY HALL 20 EAST MAIN STREET ASID..AND, OR 97520 This Technical Service Support Agreement begins on 2/112006 and expires on 1/3112007. 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 atULChed. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Medtronic's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is 1lf471..'Jh.1 term, payable in Annual installments. AIDII ~ 'It /IC,Ifl, 13.-',:'/0. b(jI/ I", Special Terms 15% DISCOUNT ON ACCESSORIES 15% DISCOUNT ON ALL ELECTRODES 17% DISCOUNT ON LP12 UPGRADES SOUTHERN OREGON HUB Customer: By: Title: ' T....' Senice R~' Date: 620 S I z.a By: ~ .:t..~)., - Print: L€e. I'IN€4#,e(, Title: Al)t4o\. S ~c.. ~ F, N l) , IL.~ . Date: z.../'I. Y/ ~ Purchase Order Number: p~ ~ ~ 7 Territory Rep: WENN55 Cole, Jon Phone: 800-442-1142 x2844 FAX: 800-772-3340 Customer Contact: Greg Case Phone: 541-482-2770 FAX: Reference Number: NSS-0686 Printed: 2/312006 Renewal Page 1 of 5 -----.--- MEDTRONIC EMERGENCY RESPONSE SYSTEMS. INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS Medtronic Emergency Response Systems, Inc.'s ("Medtronic") 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. Medtnilnic 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 confirm their acceptance by Customer. These terms constitute the complete 8greelnent between the parties and they shall govem any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Medtronic by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Medtronic. REPAIR SERVICES If "Repai'" services are designated, subject to the Exclusions identified below, they shaD include, for the designated Covered Equipment, all repair parts and materials required. all required Medtronic service technician labor. and all related tnavel expenses. For offsite (ship-in) services, units will be retumed to Customer by Medtronic 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 oul/)ut measurements are consistent with applicable product specifications, performance of an electrical safety check In accordance with National Fire and Protection Guidelines. all required Medtronic service technician labor and all re/ated travel expen:lses. For offsite (ship-in) services. units will be returned to Customer by Medtronic freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Medtronic 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 Medtronic 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 retumed. Custc.mer assumes complete responsibility for the Loaner and shall retum the Loaner to Medtronic in the same condltion as received, ill Customer's expense, upon the eal1ler of the return of the removed unit or Medtronic'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 retum an instrument to normal operating equipment at the time of initial service by Medtronic under this 'Technical Service Support Agreement; cese changes; repair or replacement of items not originally distributed or installed by Medtronic; 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 performed at the designated service frequency and during dellignated service hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case Medtronic will provide altemate coverage. Customer is to ensure Covered Equipment is available for Repair and/or Inspectkm at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Medtronic 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 Medtronic at Medtronic'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 Medtronic shall be payable by Customer within thirty (30) days of Customer's nloeipt of Medtronic's Invoice (or such other terms as Medtronic confirms to Customer In writing). In addition to the cost of services per1rormed, Customer shall payor reimburse Medtronic for any taxes assessed Medtronic. If the number or configuration of Covered Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly. WARRANTY Medtronic warrants Services performed under this Technical Service Support Agreement and replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date a Servk:e was performed or a part was provided. Customer's sole remedy shall be reservlcing the affected unit and/or replacement of any part determined to be defective. without any additional Customer charge, provided Customer notifies Medtronic of any allegedly defectill'8 condition within ten (10) calendar days of its discovery by Customer. Medtronic makes no other warranties. express or iml)IIed, including, without limitation, NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. ANID IN NO EVENT SHALL MEDTRONIC SHALL BE LtABLE FOR INCIDENTAL, CONSEQUENTIAl. SPECIAL, OR OTHER DAMA43ES. Reference Number: N55-0686 Renewal Printed: 2/312006 Page 2 of 5 -.- 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 Medtronic 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 Medtronic 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 Medtronic 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 shorUlges, the requirements of any govemmental authority, war, civil unrest, delays in manufacture, obtaining any required IicenSEI of permit, and Medtronlc's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach ()f Medtronic'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 Medtronic's behalf durinll the Term of this Technical Service Support Agreement or for one (1) year following its expiration without Medtronic's prior W1itten consent. b) This Technical $ervice 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 o,bligatlons of Medtronic 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 rellated to the enforcement of its rights under this document, including reasonable attomey's fees, shall be reimbursed by the other party. Reference Number: N55-0686 Printed: 2/312006 Renewal Page 3 of 5 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TEC~CALSERVICESUPPORTAGREEMENT SCHEDULE A Contract Number: Servicing Rep: Cole, Jon, WENN55 District: ROCKY MOUNTAIN Phone: 800-442-1142 x2844 FAX: 800-772-3340 Equipment Location: ASHLAND FIRE DEPARTMENT, 00189603 455 SISKIYOU BOULEVARD ASHLAND, OR 97520 Scope Of Service Ship In Repair - 1 On Site Inspection per year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK.@ 12 VLP12-02-OO2164 13598430 3 2/112006 1/3112007 I LlFEPAK.@ 12 VLP12-02-OO2164 13598432 4 2/112006 1/3112007 LIFEP AK.@ 12 VLP12-02-OO2164 13598433 5 2/112006 113112007 LIFEPAK.@ 12 VLP12-02-OO2164 13598434 6 2/112006 1/3112007 LIFEPAK.@ 12 VLP12-02-OO2164 13808176 7 2/112006 1/3112007 LlFEPAK.@ 12 VLP12-02-OO2164 13808180 8 2/112006 1/3112007 LIFEPAK.@ 12 VLP12-02-OO2164 13808181 9 2/112006 1/3112007 LIFEPAK.@ 12 VLP I 2-02-002940 30466671 10 2/112006 1/3112007 LIFEPAK.@ 12 VLP12-02-002940 30491400 11 2/112006 1/3112007 Scope Of Service Ship In Repair Only:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections BAITERY SUPPORT SYSTEM 2 VBSS2-02-000009 11753334 1 2/112006 113112007 0 BAITERY SUPPORT SYSTEM 2 VBSS2-02-000009 11761570 2 2/112006 1/3112007 0 .. Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: N55-0686 Printed: 2/3/2006 Renewal Page 4 of 5 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK@ 12 DEFffiRILLATOR/MONITOR . AC Power Adapter included when listed on equipment inventory (Schedule A). . DC Power Adapter included when listed on equipment inventory (Schedule A). . Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles). . Communications and Patient cables are excluded. . PCMCIA Modems are excluded. . Therapy cables are excluded. . Sp02 Sensors are excluded. . Case Changes are excluded. . Discount of 17% from the field installed list price for any current and/or future available LIFEP AK@12 upgrade: is included when installed by Medtronic Technical Services. . Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic Fastpak@, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery . Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in thl~ operating instruction 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 Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. F ASTP AK for F ASTP AI(, F ASTP AK2 for F ASTP AK2, LIFEP AK SLA for LIFEP AK SLA, or LIFEP AK NiCd for LIFEP AK NiCd, up to a maximum of 4 Medtronic Battery Paks every two years (including prior Support Plan periods) per LIFEPAK@ 12 defibrillator/monitor (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. . Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactwred by other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee lthe operation, safety and/or performance of our product when operating with a non-Medtronic battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non-Medtronic battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. Lifepak@12 Software Updates . If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory for Lifepak 12 units, at the customer's request, a Medtronic Technical Services Representative will install LifepaJc 12 software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the c:urrent list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled inspection will be billed at $205 per unit per software update. The cost of the software update will be billed on II separate invoice. . If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request a Medtronic Technical Services Representative will install a Lifepak 12 software update at a discounted price of$205 per unit per software update. In addition during the term of this agreement, where an assembly such as a printed cirl;uit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 5(1010 discount off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice. . Discounts may not be combined with any other special terms, discounts and/or promotions. Reference Number: N55-0686 Printed: 2/312006 Renewal Page 5 of 5 CITY RECORDER'S COpy Page 1 / 1 r., CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 06637 VENDOR: 003977 MEDTRONIC PHYSIO CONTROL 12100 COLLECTIONS CENTER DRIVE REMIT TO CHICAGO, IL 60693 FOB Point: Tenns: Net Req. Del. Date: Speclallnst: SHIP TO: Ashland Fire Departmen1t (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 Req. No.: Dept.: FIRE & RESCUE Contact: GreQ Case Conflnnlng? No Technical Service Support AQreement Term 02/01/2006 to 01/31/2007 8,290.00 , BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX I:REIGHT TOTAL ~ &a Z-~(/~ A rlzed Signature VENDOR COpy A request for a Purchase Order REQUISITION FORM A 0'," ...............0.. . . ,. .., - .. . ..... .", A..""......"........'.,...,' . .... . ,..,. ..--. . .. . - -.: : ... "-- '.... ,.... . . ,. .... ,-. . ...,..',1~lr i Date of Request: THIS REQUEST IS A: o Change Order(existing PO # Required Date of DeliverylService: Vendor Name: Address: City, State, Zip: Phone: . Fax Number Deliver Location Services Only Description 5erliu ~tJI'f Totlll Coat Solleltlltlon PI.:eSS: Exempt 3 Written Quotes (copies attached) Sole Source Invitation to Bid (copies on file) Re!quest for Proposal (copies on file) { r ",..f,.,"'ly Project Number Account Number 11O.aJ.!.3.IJD.'Dijl_D .Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost Project Number Account Number . . . . --- -- -- -- ------ .Please attach the quotes. Employee Signature: ~ k4. _" Supervisor/Dept. Head Signature: ~~ - NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Process requirements and can be provided when necessary. G:Finance\Procedure\APIForms\8_Requisition form Updated on:07/15102