HomeMy WebLinkAbout2012-040 I5A�
TECHNICAL SERVICE SUPPORT AGREEMENT
ADDENDUM
Contract Number : PB 12P869
End User # 02609703 Bill To # 02609708
INDIAN RIVER COUNTY EMS INDIAN RIVER COUNTY
4225 43RD AVE 1801 27TH ST
VERO BEACH , FL 32967 BLDG A
VERO BEACH . FL 32960
This Technical Service Support Agreement begins on 9/30/2007 and expires on 9/29/2012 .
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 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 Control ' s Data Management Support and Upgrade
Service Terms and Conditions . rev 7/99 - I .
Price ol' coverage specified on Schedule A is $ 80. 592 . 10 per term . payable in Annual installments.
This price represents an adjustment of $ 3 . 506 . 43 based on this contract 's previous price oi' $77 .085 , 66
Special Terms
Balance to he aid in three annual installments
AITRC D
Attest * J . K . B ton , Cler
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/Vlbunty ldministrator B e erk
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Accepted : Physio- Control . Inc Customer : C (� � ; va •
By i By : '
IIIAN- RIVER COUNTY'��, ��
a
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°Print : Gary C . Wheeler
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Title :
Date : M ' 1 w .. .. . , hairman m_.� . ..
Date : Februar 21 2012 .,
Purchase Order Number : 0004566500
Territory Rep : EAVV63 Customer Contact :
Darren Logozzo Brian Burkeen
Phone : 800 -442 - 1142 x2743 Phone : 772- 567 -9323
FAX : 800-772 - 3340 FAX :
APPROVED AS TO FORM
A 'ND 1_ FCiA ; f SI °rr "� ` "4Cy Reference Numhcr: V63� 1467 Addendum
� Printed : 11 / 1 (}/2(} 11 Page I of 10
v vJ
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PHYSIO-CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWALTERMS
Physio-Control, Inc . 's ( 'Physio-Control " ) 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. Physio-Control agrees to fumish 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 agreement between the parties and they shall
govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio-Control by
Customer . These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control .
REPAIR SERVICES
It '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 Physio-Control service technician labor , and all related travel expenses
For offsite (ship- in) services, units will be returned to Customer by Physio-Control freight prepaid .
INSPECTION SERVICES
It '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 Physio- Control service technician labor and -all related travel expenses . For offsite (ship-in)
services , units will be returned to Customer by Physio-Control freight prepaid .
DOCUMENTATION
Following each Repair and/or Inspection , Physio- Control 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 Physio-Control 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 Physio-Control in the same condition as received , at Customer's
expense , upon the earlier of the return of the removed unit or Physio - Control '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 , andlor acts of God
;
repairs to return an instrument to normal operating equipment at the time of initial service by Physio•Control under this Technical
Service Support Agreement ; case changes ; repair or replacement of items not originally distributed or installed by Phys''+ o•Control ; 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 designated service
hours except where service technicians are rendered unavailable due to mandatory training commitments , in which case
Physio- Control will provide alternate coverage . 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
Physio- Control 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 Physio-Control at Physio-Control 's standard
labor rates less 10% (including overtime , if appropriate) , plus standard list prices for related parts and materials less 15%, plus
actual
travel casts incurred .
PAYMENT
The cost of services performed by Physio- Control shall be payable by Customer within thirty (30 ) days of Customer's receipt of
Physio-Control's Invoice (or such other terms as Physio-Control confirms to Customer in writing ) . In addition to the cost of services
performed , Customer shall pay or reimburse Physio- Control for any taxes assessed Physio- Control . 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 .
Reference Number : V63 - 1467 Addendum
Prinlcd : 11 / 10/2011 Pails 2 of 10
WARRANTY
Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in
performing such Services against detects in material and workmanship 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 replacement of any part determined to be
defective , without any additional Customer charge , provided Customer notifies Physio-Control of any allegedly defective condition
within ten ( 10 ) calendar days of its discovery 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 .
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 Physio- Control 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 Physio -Control 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-Control 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 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 Physio-Control'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-Control 's behalf during the Term of
this Technical Service Support Agreement or for one ( 1 ) year following its expiration without Physio-Control's prior written consent.
b) This Technical Service 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 obligations of Physio-Control 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 related to
the
enforcement of its rights under this document , including reasonable attorney's fees , shall be reimbursed by the other party .
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Reference Number : V63 - 1467 Addendum
Printed : I1 / 10/ 2011 Pa e 3 of, 10
PHYSIO- CONTROL, INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number : PB 12P869
Servicin `2 Rep : Dairen L worio . EAVV61
District : SOUTHEAST
Phone : 800-442- 1142 x2741
FAX : 800- 772- 3340
Equipment Location : INDIAN RIVER COUNTY EMS , 02609701
4225 43RD AVE
VERO BEACH , FI. 32967
Scope Of Service On Site Repair and I On Site Inspection per Year : M -F/8 -5
Ref, Effective Expiration Total
Model _ P;art Numher _ Serial Number Linc Date Date Inspections
LIFEPAKC!9 12 VLPI2 -02 -07728 1735802. 1 17 1012812009 9/29/2012 2
LIFF- P.AK@ 12 VLI' 12 -02-007228 37358020 18 10/28/2009 9/29/2012 2
LIFEPAK(r) 12 VLP12-02 -007228 37359035 19 1028/20319 9/29/2012 2
Scope OI' Service POS On Site Repair and 1 Inspection per Year : M - F/8- 5
Ref . Effective Expiration Total
Model Pan Numhcr Scnal Nuruhcr Linc Date Date Inspections
LIFFPAK9 12 — � � VLP12 -03-007228159115154 1 9/30/2007 9/29/2012 5
L. IFE. I'AK@ 12 VLP12 -02 -007328 35905155 2 9/30/2007 9/29/2012 5
LIFEPAK0 12 VLP12 -02-007228 359051 S6 3 91302007 9/29/2012 S
LIEE. PAK4-'�) 12 VLPI2 .02 .007228 A5905157 4 9/30/2007 9;W,O , 201 ? 5
L[ Ft- PA K6 IVLPI1 -02-007228 35905165 5 9/30/2007 9/2912012 5
LIPHPAK@ 12 VLPI2 -02 -007228 15905164 6 9/30/2007 9/29 `2012 5
LIF'FPAMy I2 VLPI2 - 02 - 007228 35905163 7 9/30/2007 9/2912012 >
LIF'FPAK@ 12 VLP12- 02-007228 35905162 8 9/3012007 9/291'2012 5
LIFE. PAKOP 12 V012 - 02 -007228 3590,5161 9 9/30/2007 912W2012 S
lAIHFPAK Ot 12 VLPI2 -02 -007228 35905160 10 '9/302007 9/291'2012 S
LII' I-AIIAKff+j 12 VLPI2 -02 .007228 35905159 11 9/30/2007 9/29/ 2012 5
IAFFPAKQ� 1 :? VLP12 -02 - 007228 3590.5158 12 9130/2007 9/29/2012 5
LIFEPAKd I )_ VLP12 .02 - 007228 15901; 169 13 9/30/2007 9/29/2012
L11+ PAKtig I _" VLP12 - 02 - 007228 35905168 14 9/30/2007 9/29/2012 S
LIEFPAK012 VLP12-02 - 007228 35905167 15 9/30/2007 9/39/2012 5
LIFEPAKr:112 VLP12 . 112 -007228 35905106 16 9x30°2007 9 - )012012
Scope Of- Service POS LPI 5 On Silc Repair and I fnsp per Ycar. M - F/8 - 5
Ref , Effective Expiration Total
Model Pan Number Scrlal Number Line Date Datc Inspections
LIFEPAK= 15 V15-2 - 000051 39153131 20 " 8x7 ',009 90"9/20l 'I 1
LIPEPWA, 15 VI 'S . 2 . 000051 1815A116 21 " 81312009 9,9,29/2012 i
1_ 3FEPAK < < = 17 VIS- 2 000051 39789984 22 " 7/ 11 /2011 9/29:13012 1
Reference NLIn1hcr : V63 - 1467 Addendum
Printed : 11 / 10/2011 1are 4 cif 10
LIhFPAK :�,- l5 VIS - 2 ,(M�K) )51 29788419 23 ' " 7/ 1112011 9/29£2012 1
UI+ PAX �' 15 V15 - 3-(}00050 39985609 24 " 10/ 16/3011 9139=2012 1
Denotes an tmvritor% Ime that has chaneed nnce the lav contrail recision or addendum .
Rcicrencc Number : V63- 1467 Addendum
Printed : 1 1 / 10/20 11 Pine 5 of 1 i
MEDTRONIC EMERGENCY RESPONSE SYSTEMS , INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number : PB 12P869
Additional Items
Service Type lictll Quantity Start Date End Date
CASE CHANGE L11 12/ 15120 CASE CNG 1 - 5 4 9/30/2009 9/29/2012
Denotes an additional item line that has changed since the last contract revision or addendum ,
Reference Number : V63 - 1467 Addcrldu111
Printed : 1 1 / 10/201 1 Pagc 6 (it' 10
PHYSIO- CONTROL, INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK ie 12 ILP 12 ) Detibrillator/monitor Service includes :
• Standard detachable hard paddle repairs
• LP 12 upgrade installed by Physio- Control Technical Services Representative at a rate 0H Th less than the then-current
field - installed list price
• All Physio -Control battery charging systems owned by contract end user , up to a ane - for-one basis with the total number
of LP12 defibrillator/monitor ' s listed in Schedule A .
• AC Power Adapter repair/rcplaccmcnt
• DC Power Adaptor repair/replacement
• Replacement of Physio- Control FASTPAK & FASTPAK 2 . LIFEPAK SLA . LIFEPAK NiCcl Flattery . and LIFEPAK
Li - ion Battcry
Battery maintenance . performance testing . esaluation . removal . recycling , and replacement are the Cusiomer ' s responsibility and
should he performed in accordance with the LI' 12 Series Operating Instructions section entitled DiscardinsJRecyclmg Batteries .
Battery replacement is available upon completion of the second year of use on a one-for - one basis , up to the number of"
devices
listed in Equipment Inventory . Schedule A . Replacement batteries shall he like - for- like ( i . e . FASTPAK for FASTPAK . LIFEPAK
LI - ion I-or LIFEPAK LI - ion . etc . ) .
One - for- one . like - for- like battery replacement is available prior to the completion of second year of use upon battery failure
as
determined by Customer' s performance testing and evaluatinn in accordance with the LP 12 Operating Instructions section entitled
Discarding/Recycling Flatteries . During the Term of this Agreement . no-charge replacement for battery failure shall occur no more
than four ( 4 ) times per two- year period for Physio- Control FASTPAK® , FASTPAK 2. LIFEPAK SLA , LIFEPAK NiCd Battcry ,
and no more than three ( 3 ) times per two- year period for Li - ion batteries , regardless of any terms in prior Support Plans
.
Battery replacement is dependent upon Customer ' s notice to Physio- Control of the completion of the second year of use or battery
failure as determined by Custurncr ' s performance testing and evaluation . At the discretion of Physio-Control , battery replacement
shall be accomplished by shipment to Customer and replacement by Customer. or by on- site delivery and replacement by a
Physio- Control Service Technician . Upon Customer' s receipt of rcplaccmcnt battery . the battery being replaced becomes the
property of Physio-Control , and Customer must return the battery being replaced to Physio-Control for proper disposal . If
Physio- Control does not receive the battery Customer will he charged at the then current rate for the replacement battery .
Only batteries manufactured by Physio - Control are covered under this Service Agreement . Batteries not manufactured by
Physio- Control are expressly excluded from coverage under this Sen ice Agreement . Physio- Control docs not guarantee the
operation . safety . and/or performance of our product when operating with a battery not manufactured by Physio -Control . Repairs
and inspections performed under this Agreement meet original equipment manufacturer' s product specifications only when
operating with a battery ntanufacitired by Physio-Control . Any repairs , as determined by a Physio- Control Sen ice Representalk
resulting from the use of a battery not In by Physio -Control . will he billed at Physio- Control ' s then current standard
Inst
prices for paras and labor . including actual Ira \ el costs incurred .
• LIFEPAK 12 Software Updates
If comhined Repair and Inspection services arc designated for LP 12 units listed in Schedule A . a Physio-Control Technical
Services
Represcntauve will install LP 12 software updates at no additional cost . provided they are installed at the time of a regularly
scheduled inspection . In addition . during the Term of this Agreement , where an assembly . Le . . printed circuit hoard . must
he
replaced to accommodate installation of new software . such assembly may he purchased by the Customer at a rate of 501X, less
than
the then -current list price . Software updates . when installed at a time other than the regularly scheduled inspection . will
be billed at
the rate of $205 . 00 per unit per software update . The cost of such software update will he billed in a separate invoice
.
If Repair- Only services are designated for LP I2 units listed in Schedule A . a Physio-Control -technical Services Representative
will
install a LP 12 software update at the rate of $ 205 . 00 per unit per software update In addition . during the Term of
this Agreement .
where an assembly - i . e . - printed circuit hoard . must be replaced to accommodate installation of new software . such assembly
may he
purchased by the Customer al a rate of 5017v less than the then current list price . The cost of such software update
will he billed in a
separate invoice .
Reference Number : V63- 1467 Addendum
Printed : 11 / 10/2011 Page 7 of l0
PHYSIO- CONTROL , INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
• Coin Cell Battery Replaccntent
Physio- Control will replace the internal coin cell battery according to the number ol' such batteries listed in the Additional Items
section of Schedule A . It is the Customer' s responsibility to request such coin cell haltery replacement , gather in a single
location
the devices that will receive such battery replacement . and w provide to the Physio -Control "Technical Services Representative
access to those devices . Coin Cell battery replacement will take place (luring the Tcrm of this Agreement . according to the
number
of coin cell batteries listed in the Additional hens section of Schedule A .
LI' 12 Defihrillator/Monitor Service docs not include repair or replacement of the following :
• Internal . sterilizable and pediatric paddles
• Sp02 sensors and cables
• Communication cables
• Therapy cables
• Patient cahlcs
• PCMCIA modems
• Casc changes
Discounts will not be combined with other special terns , discounts . and/or promotions .
Reference Number : V63 - 1467 Addendum
Printed ; 11 / 10/2011 Parc 8 of 10
PHYSIO- CONTROL. INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK (D 15 ( LP 15 ) Detihnllator/MoniurrService includes :
• Standard detachable hard paddle repairs
• LP 15 upgrade installed by Physio- Control Technical Services Representative at a rate of 177r less than the then current
field - installed list price
• Ali Physio - Control battery chargingsystems owned by contract end user, up to a one - torr- one basis with the total number
of LP 15 Dcfihrillaior/Monitor' s listed in Schedule A .
• Power Adapter
Physio - Control LIFEPAK(D 15 Battery
Battery maintenance . performance testing . evaluation , removal . recycling . and replacement are the Cuslomer' s responsibility and
should he performed in accordance with the LP 15 Series Operating [ nsttvrtinns section entitled Discarding/Recycling Batteries .
Battery replacement is available upon completion ol' the second year of use on a one- for-one basis _ up to the number of devices
listed in Equipment Inventory . Schedule A . Replacement batteries shall be like- I'or- like ( i . e . LIFEPAK LI -ion for LIFEPAK
LI - ion .
etc . ) .
One- for - one . like - for- like battery replacement is available prior to the completion of second year of use upon battery failure
as
determined by Customer ' s performance testing and cs aluation in accordance with the LP 15 Operating Instructions section entitled
Discarding/Recycling Batteries. During the Term of this Agreement . no-charge replacement for battery failure shall occur no more
than three ( 3 ) times per two -year period . regardless of any terms in prior Support Plans .
Battery replacement is dependent upon Customer ' s notice to Physio- Control of the cornpletion of the second year of use or battery
failure as determined by Customer' s performance testing and evaluation . At the discretion of Physio-Control , hattcry replacement
shall he accomplished by shipment to Customer and replacement by Customer. or by on - site delivery and replacement by a
Physio- Control Service Technician . Upon Customer ' s receipt of replacement battery , the battery being replaced becomes the
property of Physio- Control . and Customer must return the battery being replaced to Physio-Control for proper disposal . If
Physio- Control does not receive the battery Customer wil I he charged at the then -current rate for the replacement battery
.
Only batteries manufactured by Physio-Control are covered under this Service Agreement . Batteries not manufactured by
Physio-Control are expressly excluded from coverage under this Service Agreement . Physio- Control does not guarantee the
operation . safety . and/or performance of our product when operating with a battery not manufactured by Physio-Control . Repairs
and inspections performed under this Agreement meet original equipment manufacturer ' s product specifications only when
operating with a battery manufactured by Physio-Control . Any repairs . as determined by a Physio -Control Service Representative .
resulting from the use of a battery not manufactured by Physio -Conttol , will be billed at Physio- Control ' s then current
standard list
prices for parts and labor. including actual travel costs incurred .
• LIFEPAKG7 15 Soltware Updates
U combined Repair and Inspection services are designated for LP 15 units listed in Schedule A . a Physio- Control Technical
Serv= ices
Representative will install LP 15 software updato at no additional cost . pros ided they are installed at the time of a
regularly
scheduled inspection . In addition . during. the Term of this Agreement , where an assembly . i . e . . printed circuit hoard.
must he
replaced to accommodate installation of new software , such assembly may he purchased by the Customer at a rate of 50% less
than
the then -current list price . Software updates . when installed ata time other than the regularly scheduled inspection . will he
billed at a
rate of $ 205 . 00 per unit per software update . The coast of such software update will be billed in a separate invoice ,
It Repair-Only services are designated for LP 15 units listed in Schedule A , a Physio- Control Technical Services Representative
will
install a LP 15 software update at the rate of' $ 205 . 00 per unit per software update . In addition , during the Term
of This Agreement .
where an assemhly . i . e . . printed circuit hoard , must he replaced to accommodate installation of now software . such assembly
may he
purchased by the Customer at a rate of 50 % less than the then- current list price . The cost of such software update will
be billed in a
separate invoice .
Reference Number : V63- 1467 Addendum
Printed : 11 / 10/2011 Page 9 of 10
PHYSIO- CONTROL, INC .
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE S
L }' 15 Delibrillator/Monitor docs not include repair or replacement of the following :
• Internal . sterilirable and pediatric paddles
• Communications cables
• 'Therapy cables
• Patient cables
• Sp02 sensors
• Case changes
Discounts may not he comhtned with other special tertns . discounts and/or promotions .
Reference Number: V63 - 1467 Addendum
Printed : 11 / 10/2011 Page l0 of 10
I I
May 31 , 2011
Assistant Chief Brian Burkeen
Indian River County Fire Rescue
422543 d Avenue
Vero Beach , FL 32967
Dear Asst . Chief Burkeen :
In response to your recent request , I am writing to confirm that Physio - Control , Inc .
is the sole source provider for the LIFEPAK® defibrillator , defibrillator/monitor , and
monitor/defibrillator family of products in your marketplace ; including , LIFENET°
Data Management Solutions , LUCASTM Chest Compression System , and factory
authorized services . Physio - Control does not utilize the services of any authorized
resellers in the sale of our products in your marketplace .
Best regards ,
iel Finney f
Principal Contract Analyst
Physio Control , Inc .
11811 Willows Road NE
Redmond , WA 98052 -2003