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HomeMy WebLinkAbout2012-172 � J TECHNICAL SERVICE SUPPORT AGREEMENT ' PHYSIO ICONTROL Contract Number: End User # 02609703 Bill To # 02609708 INDIAN RIVER CTY EMS INDIAN RIVER CTY 4225 43RD AVE 1801 27TH ST VERO BEACH , FL 32967 BLDG A VERO BEACH , FL 32960 This Technical Service Support Agreement begins on 9/30/2012 and expires on 9/29/200 . 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 - 1 . Price of coverage specified on Schedule A is $75 , 681 .00 per term , payable in Annual installments. Special Terms None N . . .•'pCZ`. • • • . . ERs •,•• Accepted : Phys kControl , Inc . Customer: d1Q11 g ; Ver By : 4 BY • ---- -- - --- -- Savoc Title : r] r lei.j &JALI Zw� I Print : t 'Anion � Date ' (p Z ` L Title : V / Ce, n.haI f DV r) %• 44 .• Date : nCfi Qbe �" a ' a+oi •� YpY YYM� �M „ Purchase Order Number: Territory Rep : EAVV63 Customer Contact : Darren Logozzo Brian Burkeen Phone : Phone : 772-567-9323 FAX : 800472 -3340 FAX : Reference Number: V63- 1478 Renewal Printed : 6/27/2012 Page I of 8 APPROVED Attest : Jeffrey R . Smith , Clerk of Court an Comptroller ey :KW26; eputy rk County ninistrator � — APPROVL� AS TO FORM AND LP� i WILLIAM K . DFSRA/, L DEPUTY COUNTYAf PHYSIO CONTROL, INC . TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature or purchase order referencing this Technical Service Support Agreement are required prior to Physio-Control's acceptance 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. These terms may not be revised in any manner without the prior written consent of Physa-Control. SERVICES. The services provided under this Agreement are set forth on Schedule A. Physio-Control strives to return service calls within two (2) hours, and strives to resolve service issues within twenty-four (24) hours. Following service, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following services are available : 'RepsirOnly Service" means repairs , Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions. ' Inspection Only Service' means inspections of Covered Equipment to verity proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with National Fire Protection Association (NFPA) guidelines and labor, subject to Exclusions. ' RWair and inspect Service' means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, and inspectlons to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with NFPA guidelines and Updates (as set forth below), subject to Exclusions. 'Qatfery Replacement Service means replacement of batteries on a one-for-one, tikedor-like basis, up to the number of batteries arid/or devices listed in Schedule A. Only batteries manufactured or distributed by Physio-Control are eligible for replacement Battery replacement is available upon Customer notification to Physio-Conod of the occurrence of: (1) Battery failure as determined by Customer's performance testing and evaluation in accordance with the applicable Operating Instructions: or (11) The end of the useful life of the battery as set forth in the applicable Operating Instructions At the discretion of Physio•Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physlo•Control Service Technician . Upon Customer's receipt of a replacement battery, the battery being replaced shall become the property of Physio•Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event that Physio-Control does not receive the battery, Customer will be charged at the then-current rate for the replacement battery. 'On-Site Servlos" means that a Physio-Control factory-trained technician will provide service at Customer's location. Services will be performed between B:OOam and 5:00pm local time, Monday through Friday, excluding holidays. Customer is to ensure Covered Equipment is available for service at scheduled times. Some service may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated service faciity for repair. '24-hour On-Site Service" means that a Physio-Control factory4rained technic en will provide service at Customers location at any time, except on the holidays listed above. Customer is to ensure Covered Equipment is available for service at scheduled times. Some service may not be completed On-Site. Physio-Control will cover travel and/or round•tnp freight for Covered Equipment that must be sent to our designated service facility for repair. 'Shipdn Service' means that service will be performed at Physio-Control's designated service facility. Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated service facility for repair. If Covered Equipment is not available as scheduled or Customer requests services or goods not covered by this Agreement or outside of designated service frequency or tours, Physio-Control will charge Customer at Physio-Contrors standard labor rates less 10% (including overtime, if appropriate) and applicable travel costs. Parts required for such repairs will be made available at 15°/. off the then•o urrera fist price . EXCLUSIONS. Unless otherwise specified , this Agreement does not include: • supply or repair of accessories or disposables • repair of damage caused by misuse, abuse , abnormal operating conditions , use of batteries or other products not distributed by Physio•Control, operator errors, or acts of God • case changes • repair or replacement of items not originally distributed or installed by Physio-Control • Upgrades and installation of Upgrades • battery maintenance, performance testing, evaluation, removal and recycing Reference Number: V63 - 1478 Renewal Printed : 6/27/2012 Page 2 of 8 LOANERS. If Covered Equipment must be removed from service to complete repairs, Physio-Control will provide Customer with a loaner device, if one is available, until the Covered Equipment is returned . Customer assumes complete responsibility for the loaner and shall return the loaner at Customer's expense to Physio-Control in the same condition as received, upon the earlier of the return of the removed Covered Equipment or Physio-Control's request. UPDATES. 'Update' means a change to a device to enhance its current features, stability, or software . If Repair and Inspect Service is designated for Covered Equipment on Schedule A , Physio-Control will install Updates at no additional cost, provided such Updates are installed at the time of regularly scheduled service . If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% less than the then-current list price. Updates installed on Covered Equipment designated as Repair Only Service, Inspect Only Service, or at a time other than regularly scheduled Repair and Inspect Service will be billed on a separate invoice at the then-current list price less 20%. UPGRADES. "Upgrade means a major, standalone version at software or the addition of features or capabilities to a device. Upgrades must be purchased separately, and are not provided under this Agreement. Upgrades are available at a rate of 17% less than the Then-current list price. PRICING. Pricing is set forth on the front page of this Agreement. Prices do not include taxes. Sales, service or use taxes will be invoiced in addition to the price of the goods and services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro-rated accordingly. For inspection Only Service and Repair and Inspect Service , no pricing deduction will be made for removal of Covered Equipment K an inspection has already been performed during the Term. Discounts will not be combined with other special terms, discounts , and/or promotions. PAYMENT. Payment is due within thirty (30) days of invoice dale. WARRANTY. Physio-Control warrants services performed under this Agreement and replacement parts provided in performing such services against defects 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 additional charge, provided Customer notifies Physlo-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. TERM. The initial Term is set 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 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 thirty (30) days' written notice to the other party, and provided such breach Is not cured within the notice period. In addition , either party may terminate this Agreement at any time upon sixty (60) days' prior written notice to the other party. In the event of such early termination, Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Tenn prior to the effective date of termination and the cost of any services rendered during the Tenn. DELAYS. PhyslaControl 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 PhysioeControl 's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE. All devices that are not under Physio-Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. MISCELLANEOUS. (a) Customer agrees to not employ or offer employment to anyone performing services on Physio-Control's behalf during the Term of this Agreement or for one ( 1 ) year following Its expiration without Physlo-Control's prior written consent; (b) this 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 State In which the service is provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of Its rights under this Agreement including reasonable attomey's fees, shall be reimbursed by the other party. Reference Number: V63- 1478 Renewal Printed : 6/27/2012 Page 3 of 8 PHYSIO-CONTROL, INC . TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number : Servicing Rep: Darren Logozzo . EAVV63 District : SOUTHEAST Phone : FAX : 800472-3340 Equipment Location : INDIAN RIVER CTY EMS . 02609703 4225 43RD AVE VERO BEACH , FL 32967 Scope Of Service On Site Repair and I On Site Inspection per YearM F/8- 5 Ref. Effective Expiration Total Makl Part Number Serial Number Linc Date Dale Inspecocons LIFFPAK :D 12 VLP12.02.007228 37358021 17 9/30/2012 9292015 3 LIFEPAK912 VLP12-02.007228 37358020 18 9/30/2012 9/29/2015 3 LIFEPAKIO12 VLP12-02-007228 37358035 19 9/30/2012 9/29/3015 3 Scope Of Service POS LP15 On Site Repair and 1 Insp per Year: M-F/8 -5 Ret. Effective Expiration Total Model Pan Number Serial Number Line Date Date Inspections LIFEPAK® 15 V 15-2-000051 38153131 20 9!302012 9129/2015 3 LIF'k.PAK0 15 V15-2000051 38153136 21 9/302012 929/2015 3 LIFEPAK® 15 V15-2m000051 39789984 22 9/30/2012 929/2015 3 LIFEPAK® 15 V l5.2.000051 39788419 23 9/30/2012 9/29/2015 3 LIFEPAK® 15 V15-2-000050 39985609 24 9/30/2012 9/29/2015 3 Scope Of Service Renewal POS On Site Repair - 1 On Site Inspection per Year Ref. Effective Expiration Total Madel Part Number Serial Number Line Date Date Inspections LIFEPAK® 12 VLP12-02 -001228 35905154 1 9/302012 9/29/2015 1 LIFEPAK® 13 VLP12-02-007228 35905155 2 9/302012 9292015 3 LIFEPAK40 12 VLP12-02.007228 15905156 3 91302012 9/292015 3 LIFEPAK& 12 VLPI ?-02.007228 35905157 4 9/30/2012 9292015 1 LIFEPAK® 12 VLP12-02-007228 35905165 5 9/30/2012 9/292015 3 LIFEPAK& 12 VLP12.02.007228 35905164 6 9/30/2012 9292015 3 LIFEPAK® 12 VLPI2.02.007228 35905163 7 9/30/2012 9292015 3 LIFEPAK& 12 VLP12-02-007228 35905162 8 9/30/2012 9/29/2015 3 LIFEPAK8 12 VLP12-02 .007228 15905161 9 9AN2012 9292015 1 LIFEPAK® 12 VLP12-02 -007228 35905160 10 9M. 2012 929/2015 3 LIFEPAK® 12 VLP12-02-007228 35905159 11 9/30/2012 9/29/2015 3 LIFEPAK& 12 VLP12 -02-007228 35905158 12 9/302012 9/29r2015 3 LIFEPAK& 12 VLP12 -02-007228 35905169 13 9/30P_012 9292015 3 LIFEPAK& 12 VLP ] 2 -02.007228 35905168 14 9/30/2012 9292015 3 Reference Number: V63- 1478 Renewal Printed : 6/27/2012 Page 4 of 8 LIFT PAK® 12 VLPIM2 -007228 35905167 1b 9/30/2012 9/29/2015 A LIFEPAK© 12 VLP12 02007228 35909166 16 9/30/2012 9/29/2015 Dcnoles an inventor- lire that has changed since the last contract revision or addendum Reference Number: V63 1478 Renewal Printed : 6/27/2012 Page 5 of 8 MEDTRONIC EMERGENCY RESPONSE SYSTEMS , INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LP 12/ 15/20 CASE CHG 1 -9 1 9/30/2012 9/29/2015 " Denotes an additional item line that has changed since the last contract revision or addendum. Reference Number: V63- 1478 Renewal Printed : 6/27/2012 Page 6 of 8 PHYSIO- CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 12 Defibrillator/Monitor Repair Service includes: • Standard detachable hard paddle repairs. • Replacement or repair of Physio-Control battery charging systems, on a one - for-one basis with the total number of LP12 delibrillator/monitors listed in Schedule A and as determined necessary by Physio-Control . • Power Adapter repair/replacement . • Replacement of failed internal coin cell batteries. • Preventative replacement of internal coin cell batteries up to the number of coin cell batteries listed in the Additional Items section of Schedule A according to Physio-Control service specifications . • Battery Coverage • Replacement of four (4) Physio-Control FASTPAK :p). FASTPAK 2. LIFEPAK SLA , LIFEPAK NiCd Battery every two years. or upon battery failure : OR • Replacement of three ( 3 ) LIFEPAK U-ion Batteries eery two years. or upon battery failure. Reference Number: V61- 1478 Renewal Printed : 6/27/2012 Page 7 of 8 PHYSIO- CONTROL, INC * TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK © IS Monitor/Defibrillator Repair Service include • Standard detachable hard paddle repairs. • Replacement or repair of Physio-Control battery charging systems on a one4or-one basis with the total number of LPI S 136hrillator/Monitors listed in Schedule A . and as determined necessary by Physio-Control . • Power Adapter repair/replacerrnnl . • Battery Coverage • Replacement of three (3 ) LIFEPAK Li-ion Batteries eery two (2 ) years. or upon battery failure Reference NunihLr: V634478 Renewal Printed : 6/27/2012 Page 8 of 8