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HomeMy WebLinkAbout2004-041 Agrmt - Medtronic Physio ControlTECHNICAL SERVICE SUPPORT AGREEMENT Co!xtmct Number: Medtronic Physio-Control Copy PHYSIO-CONTROL End User# 00189603 ASHLAND FIRE DEPARTMENT 455 SISKIYOU BOULEVARD ASHLAND. OR 97520 Bill To # 00189602 ASHLAND FIRE DEPARTMENT CYO ASHLAND-CITY HALL 20 EAST MAIN STREET ASHLAND, OR 97520 Tlds Teclmical Service Support Agreement begins on 2/1/2(X)4 and expires on 1/31/2005. The designated Covered Eqmpment md/or Software is listed on Schedule A. This Teclmical Service Agreemem is subject to the Terms and Conditions on the reverse side of this document and any- $chedule B, if attached. If any Data Managemem Support and Upgrade Service is included on Schedule A then this Teclmical Service Support Agreement is also subject to Medtmnic Physio-Comml Corp.'s Data Mmmgement Support and Upgrade Sen, ice Terms and Conditiorkq, rex, 7/99~1. Price of cox'erage specified on Sche&fle A is $8~225.40 per term. payable in Anmml instalments. Special Terms 15% DISCOUNT ON ACCESSORIES 15% DISCOUNT ON ALL ELECTRODES 17% DISCOUNT ON DATA MANAGEMENT PRODUCTS 17% DISCOUNT ON LP12 UTGRADES SOUTHERN OREGON HUB Accepted: MEDTRONIC PHYSIO-CONTROL CORP. Tild Technical Service Representative TemtoD' Rep: WENN55 Cole, Jon Phone: 800-442-1142 :~844 FA,'(: 800-772-3340 Purclkase Order Nmnber: Customer Contact: Greg Case Phone: 541-482-2770 FAX: Reference Number: N55-0611 Primed: 1128/2004 Renewal Page 1 of 3 MEDTRONIC PHYSIO-CONTROL CORR : ; SERVICE ORDER TERMS AND CONDITIONS ~ * TERMS Medtronic Physic-Control's ("Physic") acceptance of Customer's Service Order is expressly conditioned on Customer's assent'to the terms set forth in this document and its attachments. Physic agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and ser- vices covered by this document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall gov- ern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physic by Customer. These, terms may not be revised in any manner without the prior written consent of an officer of Physic. 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 required, all required Physic service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned ti3 Customer by Physic 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, performance of an electrical safety check in accordance with National Fire and Protection Guidelines, all required Physic service technician labor and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physic freight prepaid. '! ; DOCUMENTATION Following each Repair and/or Inspection, Physic 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 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 Physic in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physio's request. EXCLUSIONS This Service Order 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 under this Service Order; case changes; repair or replacement of items not originally distributed or installed by Physic; and exclu§ions on Schedule B to this Service Order, if any, which apply to Covered Equipment. SCHEDULE SERVICES Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service hours. 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 Physic is requested to perform Repair or Inspection services not designated in this Service Order (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 at Physio'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 shall be payable by Customer within thirty (30) days of Customer's receipt of Physio's Invoice (or such other terms as Physic confirms to Customer in writing). In addition to the cost of services performed, Customer shall pay or reimburse Physic for any t, axes assessed Physic. If the number or configuration of Covered Equipment is altered during the Term of this Service Order, the price of Services shall be adjusted accordingly. WARRANTY : Physic warrants Services performed under this Service Order and replacement parts provided in performing such Services against defects in material and workman- ship 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 replace- ment of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physic of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physic makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MER- CHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. ·: TERMINATION Either party may terminate this Service Order at any time upon sixty (60) days prior written notice to the other, except that Physic may teeminate this Service Order immediately upon Customer's failure to make timely payments for services rendered under this Service Order. In the event of termination, Customer shall be obligated to reimburse Physic 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 Physio 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 con- trol, 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 of permit, and Physio's inability to obtain goods from its usual sources. Any such delay Shall not be considered a breach of Physio'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 Physio's behalf during the Term of this Service Order or for one (1) year following its expiration without Physio's prior written consent. b) This Service Order, 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 and Customer under this Service Order shall be governed by the laws of the State of Washington. All costs and expenses incurred by Physic related to enforcement of its rights under this document, including reasonable attorney's fees, shall be rpimbursed by Customer. Rev 7/99-1 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: S4:rvi~ng Rc'p: District: Phone: FAX: Eqtfipment Location: Scope Of Sen'ice Model Cole. JorL ~'~%'.~,"55 ROCKY MOUNTAIN 800-442-1142 x2844 800-772-3340 ASHLAND FIRE DEPARTblENT, 0()189603 455 SISKIYOU BOULEVARD ASHLAND, OR 97520 Ship In Repair - 1 On Site Inspection per year:M-F/8-5 Ref. Par[ Number Sm. Sal Number Line Effective Date Expiration Date To~l lnspec{ions BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2-02-t~J(Xg.~9 LIFEPAK'~ 12 LIFEPAK,~ 12 LIFEPAK~ 12 LIFEPAK,~, 12 LIFEPAK:g, 12 L1FEPAK'~' 12 LIFEPAK~ 12 I JFE~ 12 LIFEPAK$) 12 11753334 1 2/1/2004 11761570 2 21 2(~4 VLPI 2-02-002164 13598430 3 2/12004 VLP12-02-002164 13598432 4 2/I/2004 VLP12-02-002164 13598433 5 2l 20(14 VLPt 2-02-002164 13598434 6 2 I 20('~ VLPI2-02-002164 13808176 7 2,1i2004 VLP 12-02-002164 13808180 8 2/l'2004 VLP 12-024021&4 13808181 9 2 1/20(/4 VI ,P 12-02~0~2940 30466671 ~ 0 21 2004 VLP 12-02-002940 30491400 ~ ~ 212004 1/31'2005 i 31 .~05 I 31:2005 1/31/2005 t31:2005 I 31 20()5 1/31,,2005 l"31/2005 l 31 2005 I '31 201)5 1/31 2005 ** Denotes an inventory line that has changed sh~ce file last contract revision or addendmn. Reference Number: N55-0611 Primed: 1/28/2004 Renewal Page 2 of 3 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LiFEPAK~: t2 DEFiBRJLi,ATOR/MONITOR · Battm¥ Suptmrt Systmn inch~led xvben listed on equipmea~t inventon' (Sch~ule A). - ~- Sup~rt Sys~m 2 included x~l~en hst~ on ~m~t mv~too~ ~Sch~ule A). - AC Pow~ A&,pt~ mch~ x~hm~ lis~ed on mlt~Dnent mventoD, (Sch~ule A). - DC Po,xer Adapter mciu&d when list~ on eqm~nent mventoo- (Sch~ule A). - ~fibfillator ~ddle repairs arc included (excludes Ntm~al, st~lizable and ~diatrk ~ddles). ' Comm~cafions rand Patient cables ~e exclude. - ~TMCL~ Modm~s z~e exck~. - l~erapy cablcu am exclude. - Stx32 Scnmrs arc cxclud~. ' C~ Changes ~e exclude. - Di~omnt of 17% t¥om ~e tldd msm~ed list pine R,r ~y cm~mt ~or t~t~ av~lable LIFEPAK~ 12 upgrade is mcl~ x~-~m i~sta~ by bi,tronic PhysSo-Control T~lufical - Di~t of 17% t%m list price tbr ~v M~tmnic PhysimCon~l.g.- Da~ M~ag~enl ~oduct is include. · Discounts may not be combined x~dfl~ any oth~ sp~ial temps, discounts an&'or txomotions. Medtronic Physio-Cortn'ol Fas't!:~,k'J~, Fa~!:,ak 2. I ifepak SIA and 151i:t:~k NiCd P~attery · Custom~ retains the responsibility to perform the battery maintmmnce and evahmtion procedurc~ outlm~ in the operating ms~ction m~l and to replace baaenes that do not pass the con,lions ontiin~ under "Discarding/ Recycli~ Baaehes." Batteries Ihiling to meet baaeo' ~rfonnance tests shonld be remov~ I?om ~n'ice and pro,fly discm-ded (ret5 cled)~ - If c~tom~ provi~ evidence that a M~ronic Phy~c~Comml Ba~' Pak IhiLs to m~ the ~bnnm<e tests noted a~ve m~(For the Baa~' Pak age exce~ 2 ye~s, Medtronic Physio-Control shall r~lace said Med~nic Physio-Control BatteD' P~ (like for l~e) i.e. FASTPAK for FASTPAK, FAS'~A~ for FASD>A~, LIFEPAK SI,A for LIFEPAK SLA, or LWEPAK NiCd lbr L~'EPAK NiCd, up to a maxmmm of 4 M~tromc Physio-Control Batten.' Pa~ every txxo ve~s (inclu~g prior Sup~n PI~ ~fiodsj ~ LiFEP3~'~,, I2 defib~iator/momtor (list~ on SchedMe A). To axsisl m ~oi~ r<yclmg m~d rmnoval of low ca~cily N~ttmes, r~laced Battm- Paks [~ome the pro~- of Medtronic ~wsio-Con~o! and must ~ returned at the time of exchm~e · ~ly battehes mmmthctt=ed by Medtromc Physio-Con~ol am cover~ und~ this Servi~ Agr<ment. Any bakeries manufac~ed by o~ so~ces ~e expressly exclu&d l?om coyote m~der this Se~'ice Agreeznent. M~onic Phvsio~on~ol cmmot gtmmntee the o[~atm~ ~mI~P/an&~or i~bnmt~e of om' prodtmt when o~va~g xxSth a non-M~onic Phvsi~Conm, l batten'. Rep~ ~ ~ctions ~rtb~ m~der ~is A~ent m~t original ~ui~ent manu!hcPe~'s txMuct sp~ifications only whm~ opemih~g with a Medtmnic Phvsio-Comrol batteD. Any repaks, as detemfined by a Med~onic Physio-Control S~vice Rc~res~tative, resulting l?om ~e u~ of a non-Meditate Phyho-Con2ol batteD', will be billed at oa stan~d list prices ik~r paas ~d labor, including actual U'aveI ctm~es hlcmw~. Lifepak~'12 Software Updates - If combined Repair aa~d h~spection ~rvices are designated on the Teclmical Sen'ice Support Agreement inventory for Lifepak 12 traits, at the customer's request, a Medtronic Physio-Control Technical .%n-ices Representative will iltstatl Litk-pak 12 sof~vare updates at no additional clmrge provided it is installed at the tflne of a regularly ~he&ded inspection. In addition during the tcnn of tltis agreement, M~eie an assembly such as a printed ci~zuil board must be replaced in order to install the new sofm,are, these assemblies may be pttrchased by the customer at a 50% discom~t off the current list price of a new asscanblv. Softx~-are updates requested to be installed at a time other than the regularly sche&ded i~tst>oction will be billed at $205 txzr lmit tx,n' .sofh~are tqxtate. The cost of the software utx~te xxill be billed on a selx~mte invoice. . if Repair-On!y services are designated on the Sen'ice Order invm~toD' for Lifepak i2 units, at the customer's request a Medtronic Physio-Control Technical Sen'ices Representative will install a Lifepak 12 software update at a discounted price of $205 per umt per _~tl~v~e updale tn ..~sJdifion &m'ng Lhe term of tNs a~eement, ~here ~ assembly such as a printed drcuil N~trd llltk':,I be replaced iii order to ms~tall the ne, a- .~)tlx~are, these assemblies may be purclmsed by the customer at a 50% di~otmt off the current list price of a new as~mblv. The cost of the ~,fp, vare update will be billed on a separate invoice. · Discounts may not be combined ~Sth any other special tenns, diseotmts and/or promotions. Reference Number: N55-0611 Renewal Printed: 1/28/2004 Page 3 of 3 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 COPY :DATE: Page 1 / 1 04814 VENDOR: 003977 MEDTRONIC PHYSIO CONTROL 12100 COLLECTIONS CENTER DRIVE REMIT TO CHICAGO, IL 60693 FOB Point: Terms: Net Req. Del. Date: Special Inst: SHIP TO: Ashland Fire Department (541) 482-2770 455 SlSKIYOU BLVD ASHLAND, OR 97520 Req. No.: Dept.: FIRE & RESCUE Contact: Gre.q Case Confirming? NO I I Technical Service Agreement 8,225.40 Life Pack 12 Heart Monitor gefibs · i; ,:i'?:.''. '"" .".:. '. '''=:. '..' ".' · '... .... . ..='.' .... ' ":.... ~ Term 02/01/2004 to 01/31/2005 ~¢: ~ :~ ::¢~' ~'~ ~: :~ ;'~.,~ :: ":: .;.=...:............. :...: .. ~.' ?. ::.: :.....:..;......;.'. './...;':: ,;:..:.: ..;... = .=...:=....' ~::~ :'; ;..'..~= :'...;:': .'.~: ;: ." . ..=? .'' ::..:.,..:~"/..: :~:....:..';: ...'./' ?..........:. =....'.. .:.:.' . ..:..:.;..... .... ==..";" :.:...., . ......,'.':?":. :, ', :,..., .?'.'.':'. :, ': .. '.. :. ...... .....' .. .=..:.; ==..:. ,.:... ..,, ?:. ,.=..... =.':= ..' ...:..;.:....:.:.... :..?..:.." .=... =..' ...... .=. . ...... ...~.:..¥.. .........,.=.......=..;. ......~, ..: i ,..:. · .... . · · :;..:... .=. i:'.:... .'; ' '",' · ' .. , I I I , ;,,.~:~, ,,,,,: ,,,, ':'/:.,?'".".':':. :...'.;....'..'"..'?.... . . ....., .... ~:::~..:...'; · .: ".:?:.::' ..,...' '.:...,=:..,. .':::'....:.'.. .... ..;. :.. ., .. ..... . . . ..: .... : ~..:~:~ .".. =., ;..' . .,. .':...;::.......'¥ .:=.':::~'.: SUBTOTAL 8,225.40 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 8,225.40 ASHLAND, OR 97520 E 110.07.13.00.604160 8,225.40 AUth~)rized Signature VENDOR COPY A, ectu, s for Rur h se REQUISITION FORM THIS REQUEST iS A: [] Change Order(existing PO # ~ CiTY $HLAN[ Date of Request: Required Date of DeJivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description 2-1-o'7' Total Cost Solicitation ProCess: /q~',/~-~?/l£'/V/- ~-~ Exempt J' [] 3 Written Quotes (copies attached) /'/Z'/-/~f/,?~',4,'/f£~'/,~Z'/)/~, .~' o-~-,~o--~-~ -E~(copieslnVitatiOnon file)t° Bid- .,'~,;',. C/- $ / -' ~ 5" __.__~ $5000 Proposal (copies on file) Account Number {_/~-~'- the Original signed contract and Insurance certificate. Materials Only item # Quantity Unit Unit Cost Total Cost Account Number - - . .,~' ........ .~,¥."~" ':l;a~e-attach the quotes. d:' . ....... '-', J' ...... . ~ ! Employee Signature: ~~-':>''/'~-- -~''--- SupervisorlDept. HeadSignature:/j'ccf;"~-~,,.-".:~'?f-,~ NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Process requji'ements and can be provided · when necessary. !