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HomeMy WebLinkAbout2012-092 Agrmt - Physio Control 05-08-12;09;0144; ;425 807 4891 # 2/ o TECHNICAL SERVICE SUPPORT AGREEMENT �. Contend Numbcr. End User# 00189603 Bill To# 00187602 ASHLAND FD ASHLAND FD 455 SISKIYOUBLVD CYO ASHLAND-CI.1'Y HALL ASI(LAND,OR 97520 20 E MAIN $T ASHLAND,OR 97520 This Technical Service Support Agrcemetrt begins on 211/2012 and expires on 1/31/2013. The designated Covered Equipment and/or Soflhvare is listed on Schedule A.This Technical Service Agreement is subject to the Terms and Conditions on the revctse side of thisdecunientandany Schedule 13,If attached. If any Data Management Support and Upgradc Service is included on Schedule A then This Technical Service Support Agreement is also subject to Physic-Centrul's Data Management Support and Upgrade Service Tetras end Conditions,rev 7199-1. Price of coverage specified on Schedule A is 59.657.00 per term,payable in Annual instalhnencs. Special Terms 15%,DISCOUNT ON ACCESSORIES 151Y.DISCOUNT ON ALL ELECTRODES SOUTHERN OREGON HUB Accepted: ys' -0014111W Customer: By; BY! Gad Title: fOlr ,e i g� Print: KIaRN.$ Date:-, S O Z T1t1c: fJ/CE Q.I//Er Dam: Purchase Order Number: , Territory Rep: WENN55 Customer Contact ' J Oe MACKO W IAK Grog Case Phone: 900.442-1142x2844 Phones 5411482-2770 FAX: 800-772-3340 11 FAX: q C 11 �' t Reference Numbcr. N,55-2012 Renewal Printed:4/17/2012 Page I of 5 v d :t 05-08_12:09_01 AM; _ - _._ _... ;425 867 4891 #L 3/ 6 PHYSIOaCONTRot,INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customers.signature or purchase order relefencing this Technical Service Support Agreement are required prior to Physio-Contrors acceptance of Ihls Agraamoni. This Ageement covers only the equipment listed on Schedule A('Covarad 6qu)pmanr). Those Terns constitute the Complete agreement between the parties and Choy shall govem over any other documents.These terms may not be revised In any mannorwlihdul the prior written consent of Physio•Cetdrol. SERVICES.The services provided under this Agreement are set forth on Schedule A.Physlo-Control selves to return service calls within two(2)hours•and strives to resolve service Issues within twenty four,(24)hours.Pofiawing service.Physlo-Controi will provide Customer with a written report of anions taken or recommended and IdengOcatlon of any materials replaced or recommended For repla®menL The following services am Available: 'Repa/r Only Service means rapaim,Batley Replacement Service,pans and labor necessary to restore Covered Equipment m original specifications,subject to Pxduslohs, .Inspection Only Service means Inspections of Covered Equlpmentta vedy Proper device Calibration,mechanical operations and output moaauraments,eleculcaf safety check In accordance with National Fire Protection Association(NFPA)guidelines and labor,subjeu to Exclusions, 'Repair and Inspect Service"means repairs,Battery Replacement Service,pans and labor necessary to restore Covered Equipment to original specifications,and inspections to verify proper daylCe calibration,mechanical operations end output measurements,Electrical safety chock In accordance with NFPA guidelines and Updates(as set forth below),eub)oet to Exclusions- 'Battery Replacement Service means replacement of baltedea an a one-for-one,like for-fiIre basiy up to the number of batteries and/or davims listed in Schedule A, Only batteries manufactured or dlstdbuted by Physlo-Conlrol are eligible for replacement, Battery replacement is available upon Customer notification to Physio-Control of the occurrence of. (i) Balmy failure as datermlhad by Customer's performance testing and evaluation in accordance with the appllcabla Opomting Instructions:or VD The and of the useful life of the battery as set forth in the applicable Operating Instructions Al the discretion of Physic-CorQrol,battery replacement shall he effected by shipment to Customer and mplacemont by Customer,orby on-site delivery and replacement by a Physlo-Control Service Technician. Upon Customers receipt of a replacement battary,the battery being replaced shag become the properly of Physlo-Cantrol,and Customer must return the battery being replaced to PhyslsCenbol for W04r,disposal.In the Event that Physio-Conical does net receive the battery. CuSlolver will be charged at the lheniunrenr rate for the replacement battery. . . 'On-Site Service"means that a PhysioCcntml faclay-tralned technician will provide service at Customer's location, Services will be performed betwoon e:00am End 5:00pm local lime,Monday through Friday-excluding holidays. Customer is fo ensure Covered Equipment is available roc service at scheduled Omes. SornQ WNIce may not be completed OnSile. Physio-Cerdrol will cover travel and/or round-trip freight for Covered Equipment that must be sent to cur designated service facility for repair. "24-hour OnSito Service'means that a Physiolahuol factory-veined technician will provide seMca at Customers Iocallon at anytime.exrepi on the holidays listed above. Customer Is to ensure Covered Equipment is available for service at scheduled dmos. Some service may not be Completed On-Site. Physlo•Control win cover ravel and/or round-ulp freight for Covered Equipment thst must be sentio our designated service facility for repair. 'Shfp-In Service means that service will be performed at Physio-conbol's designated service facility. Physio-Conlrol will cevar round-trip freight for Covered Equipment that Is sent to our daatgnalad aenrlce fadllty for repaiG _ If Covered Equipment is not avallable as scheduled or Customer requests services or Bands nol covered by this Agreement or outside of designated sarvlm fraquency or hours,Physio-Control will charge Customer at Physlo-Conlral'e standard labor fates less'10% (Including overtime.If appropriate)and applicable travel Costs. Pans required for such repairs win be made available at 15%off the Ihen.curent list price, 2XCLUSIONS.Unless otherwise specified,this Agreement does net Incdude: • supply or mpat.of accessories or disposables • repair of damage Caused by miayse,abuse,abnormal operating conditions,use of batteries or other produce net distributed by Physio-Control,operator errors,or ads of God n rase changes U repair or replacement of items net originally distributed or Inslalloo by Physio-Oonitol ❑ Upgrades and Installation of Upgrades fl battery maintenance,performance testing,evaluation,removal and recycling Refacnco Nutvber: N55-2012 Rcncsvhd Printed:V1712012 Page 2 of 5 05-08-12;09;01AM; ;425 807 4891 # 4/ o LOANERS.II Covered Equipment must be removed from aervim to complete repairs,Physlo, anal will provide Customer with a loaner device,if one Is available,until the Covered Equipment is relumcd.Customer assumes mmplele roapenslblllty for the loaner end shall return rho loaner at Customers oxponca to Phy-w' .Conul In to same condition as received,upon the earfer of the return of the removed Covered Equlpmenl or Pnyeho-Cenirors re quest ' UPDATES."Updsfe"means a change to a dcv1m to enhance its torrent features,stability,or 5DItWbre, If Repair and Inspect Somim is designated for Covered Equipment on Schedule A,Physio.Conlrol will Install Updates at no additional cost.provided such Updates are installed at the runo of regularly scheduled service.If parts must be replaced to accommodate inetanafton of new sonwere,nu on parts may be pa"aled at rate of 30%Iola than the then ant list prim.Updates Installed on Covarad Equipment designated as Repair Orly Sam1m.Inspect Cfly Smvrm,or at a time other than regularly scheduled Repair and Inspect SeMm will be bllcd on a separate Involm at the then-Accent list price lace 20%. UPGRADE&"Upgrade"means a major.standalone version of sofiwere or the additon of rmiurea or capabilities to a device, Upgrades must be purchased separately,and are not provided under INS Agreement,Upgrooes are available at a rate of 17%.less than the then-currant list prim, PRICING. Pricing Is setfanh on dw,tronl page of this Agreement Pulses do nat InrNdo raxaa, Sales,service cruse taxos will be lnvDlced N addition to rho.pda of tho goods and services mwmd by thl$Agreement unleod Phy4i Conrol ramivm a copy of a valid e:empton certlAcate. If TA number or configuration of Covered Equipment changes during me Trnm,prcng shall be pro-rated amordingty. For Inspection Only Sarvlx and Repair and Inspect Service,no pricing deduclian will co,mado for removal of Covered Equipment It an Inspection has already been performed during the Term- Olsesunrswn not be comoinad'with other special terms, discounts,and/or promotions. PAYMENT:Peynent ie treasv4lhinlhlny(30)days o(irrvolrrdate:----- -•- WARRANTY.Physle-Control wamante aurvlms performed under this Agreement and replacement Parrs provided In performing such services against defects In malarial and workmanship for nmety(90)days from the dale a service wac performed or a part was provided,Customer's solo comedy shall bs na.micing the affected unit and/or replacement or any part daumnin ad to be dafacdve, without additional change.provided Customer nolidias PhysloLontiol of any a lagedly defective condition within tan(i D)calendar days ' of its discovery by Ctstamer.Physic-Control makes no other warranties,express at Implied,including,without limitation,NO WARRANTY OP MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL_Ott OTRER DAMAGES. TERM. The Initial Term to not 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 thervcurrent bum. Prices ore subject to change upon renewal. TERMINATION.Ehhor party may terminate this Agreement for material breach by the other party by providing Ihirtr(30)days'written notice to the other parry,and provided such breach is not cured within the notlm period.In addition,either party may terminate this Agreement at any area upon obey(60)dayi pdorwritten nolim to the other party.In the ovont of auch early lerminalion,Customer shall be responsible for the portion of the designated prim WNch mn,e perhds to lne portion of Lim Term prior to the effective date of terminadon and the cost of any services rendered during duo Term. DVLAYS.Physlo-Contrei will not be liable for any loss or damage at any kind due to ds failure to porform or delays in its performance resulting from any muco beyond its reasonable control,Including,but not limited lo,solo of God,lab or disputes,labor shortages,the requirements or any govgmmenial authority,war,rlvu unrest,delays in manufacwro,obtaining any required license or permit.and Physlo-Control-a inability io obtain goods from its usual sources.Any such delay shall not be considered a breach of PhyslOConUel's Obligations and tto perfrformance dates shall be extandod for coo length of such delay. OLMCE INSPECTION BEFORE ACCEPTANCE.All devices that arc not under Pnyalo•Contmi Limited warranty or a anent Technical Service Support Agreement must be inspected and repelled(a necessary)to meet Original apecJtcations at then-current lilt prices prior to being covered under Tedtniml Service Support Agreement. MISCELLANEOUS.(a)Customer agrees to not employ or offer employment to anyone performinp services on Physlo-Cordrol's behalf during the Term of this Agreement or for one(1)year following its expirstion without Physio-C rigoVs prior written consent;(b) this Agreement,and any related obligation of other party,may not be assigned In whale or in part without the prior written consent of the other party;(c)this Agreement shall be governed by the laws of the State In which dto service is provided;(d)all costs and expanses Incurred by the prevailing parly related to the enforcement of Its rights under this Agraemonl Including reasonable attorney's fees,shall be reimbursed by the other patty, Reference Number: NSS-2012 Rcrt wul Printed:4/17/2012 Page 3 of 5 05-08-12;09:01AM; _ ; 425 867 4891 # 5/ 6 PHYSIO-CONTROL,INC, TECHNICAL SERVICE SUBPORT AGREEMENT ' SCHEDULE A Contnlct Number. Servicing Rep: IOE MACKOWIAK,WETN55 Distrlct: WFST Phone: 800-442-1142x2844 ' FAX: 800.772-3340 EquipmontLccazion: ASHLAND FD.00189603 455 SISKIYOV BLVD ASHI.AND,OR 97520 Scope Of Scr ice Ship In Repair- I On Site Inspection per yea1:M-F/8-5 Ref Effective E2pilation Total _. _1�aAa1 P r[IVt h e INtiml� 1' �yf���//�y I e r• LIFEPAKO 12 W.rl2.02-002164 13509430 1 2112012 1/3/2013 � •_. . .. ._ LrFEI`AICO 12 VLP12.02-002164 13599432 2 2/12012 1/312013 1 LTFFTA"12 VU12-02002164 13599433 3 2/12012 11312013 1 IJFEPAKw 12 VLP12.02-002164 13598434 4 2/12012 1/312013 1 T.TFFPAKM 12 VLP12.02-002164 13R09176 5 2/12012 11312013 1 TdFBPAK©12 VLP12-02-002163 130.08180 6 2/12012 1/312013 1 1.TFFPAK4f112 VLP12412-002164 1280FISI 7 2/12012 1/312013 1 UrEPAYA 12 VLP12.02.002940 30466671 8 2/12012 1/3120(3 1 LIFSPAM 12 VLP12.02-00M40 30391400 0 2/12012 1/112013 1 •'}0eaeleson InVeOWry line%Ist Ilu Ch=Fd sine the last wntmctm:.islon or addendum. ' T Rcferenco Number. N55-2012 Renewal Printed:4AW2012 Pagt 4 of 5 05-08_12;09 01AM; ^� ;425 867 4891 #� o/ B MYSIO-CONTROL,INC. TECW%UcAL SERVICE SUPPORT AGREEMENT SCHEDULE R llFEPAK®12 Dcfibrilluu+r/Moni Wr Repair 5ervlce loclndes: •Stnndgd dctuchabla herd oaddlo rcpalis. •Replaccillmir or*oDair ofPhyxibContml Uatmry clla[ging systems,on u one-fanoae bnsis with the utml number of LP12 deflbrillalodmonitem fisted in Scbedule A and as detcmtined necessary by Physlo-Conuol. •Po vc Adaptermpaidreplaccmc+t -l(eplaccmmt of faocd itnemal colt cell bnnerics. •PmvcmA&4 replaremerll of lalcmal coin tell baueries up to the nualbcr of coin cellbacterirs listed in the Additional Items sedion ofSrdiedule A aomdiag to Phybz(�Cenuol service speclLcerions. -Battery Coverage •12eplacemcol of four(4)Physiu•Canvol F"A$'L'FiSK�+,f iLS'TfrATC2;LlF£Pi4CSL7•T11T[rA'RNCd EaiTeN eery Zwtf—'_._-. . __ years,or upon battery failure; OR Replaeemmt of three(3)LT-EPAKLI-ioa Batteries every two)rtas,arupoa batmry fwlum. ltefercncc Number 1455-2012 Renmal Printed:4/17/2012 Page 5 of 5 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 279B.075, these are the examples offindings 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 findinQcan 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 27913.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or 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.f 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.] 7& Form#5-Sole Source-P LSe� - ess than' age of 2,4/19/2012 (d Physic-Control, In ' 11811 Willows Rozd NE. P.O. Box 97006, Redmond, WA 98052 Tel 425.867.4000 Tall-free 800.4421142 I www.p hys i o-control.c oil) April 17, 2012 ATTN: Greg Case Ashland Fire District 455 Siskiyou Blvd Ashland OR 97520 Dear Greg I trust you have been satisfied with the level and quality of service and products you have received'from Physio-Control. We believe that first-rate service to you, our customer, is a critical element in maintaining the high performance standards of the products we manufacture. My records indicate that it is time for you to renew your Service Agreement. Your current agreement is due to expire on 02-01-2012. I have enclosed your renewal Service Agreement and if it meets with your approval, please sign and return all pages to our office in the enclosed envelope. You may keep those pages marked "CUSTOMER COPY" for your files and return the signed contract marked "PHYSIO-CONTROL COPY". Receipt of your signed agreement within 30 days of your current contract's expiration date will enable Physio-Control to continue to provide you with the same first—rate service you are accustomed to. 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 72844. Sincerely, PHYSIO-CONTROL, INC. Joe Mackowiak Field Service Representative Enclosure CITY RECORDER Page 1 / 1 C I T Y OF ASHLAND ," DATE � '� PO NUMBER 20 EMAIN ST. 5/10/2012 10863 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 ',. Quanh �•' Unit Description - - --Unit Price Ext.Price Renewal of Heart Monitor Support 9,657.00 Agreement Technical Service Support Agreement Beginning date: 02101/2012 Expiration date: 01/31/2013 SUBTOTAL 9,657.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 9,657.00 ASHLAND, OR 97520 '..Account Number ' - .. Project Number Amount . Account Number Project Number Amount E 110.07.13.00.604160 9,657.00 VENDORCOPY Author' $IgnatUr FORM #3 r� Der^ CITY OF , S H LAN D A request for a Purchase Order �� REQUISITION r q Date of request: PfE- Vendor Required date for delivery:Name Ph sio Control Inc. Address,City,State,Zip 181 Willows d N.E., P.O. Box 9700 Contact Name&Telephone Number Keclmond VVa. UbUbZ Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: C3 InvitationtoBid (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# ❑ VerbalMrittegquote(s)or proposal(s) ❑ State of Washington Intermediate Procurement X❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or s) ❑ Other government agency contract $5.000 to$100.000 Agency ❑ Written quote or proposal attached Contract# ❑ (3)Written quotes attached ❑ Special Procurement Intergovernmental Agreement PERSONAL SERVICES ❑ Form#9,Request for Approval $5,000 to$75,000 Agency ❑ Written quote or proposal attached Date original contract approved by Council: ❑ Less than$35,000,by direct appointment Dale approved by Council: (Date) ❑ (3)Witten proposals attached Valid until: Dale Description of SERVICES Total Cost Renewal of heart monitor service contract. $ 9,657.00 Item At Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number______-___ Account Number_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: IT Director Date Support-Yes/No By signi f ' to ,I certify that the City's public contracting requirements have bee satisfied. Employee Signature: Depart ment Head Signature: (Equal to or 6reater than$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year. S / NO -� sal � FiA6nce Director-(Equal to orgreare?,n$5,000P Date Comments: Form#3-Requisition FORM #s CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: John Karns, Fire Chief . From: Physio-Control ine. Date: 4/19-2012 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 s C Form#5-Sole Source Personal Services-Less thar�b;08tTPage=age 2,4/19/2012