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Home My WebLink AboutFD05-294 - Original - Medtronic Physio-Control - Defibulator Units Anual Maintenance - 10/01/2005 cords Mari: gemie �=_�e, KENT � Document Ww3 H'NGTOx av ' u a i'sAa rnx _ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: /A�A/� i� � {�(�G��endor Number: JD Edwards Number Contract Number: FDQN- gqq This is assigned by Deputy City Clerk Description: 77 , Detail: Project Name: Contract Effective Date: / DOS Termination Date: Y 30 �(20 Contract Renewal Notice (Days): Q6z'4e Number of days required notice for termination or re ewal or amendment Contract Manager: 2Department: Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 TECHNICAL SERVICE SUPPORT AGREEMENT Medtronic PH O-CONTROL Contract Number End User# 00521001 Bill To# 00521001 KENT FIRE DEPARTMENT KENT FIRE DEPARTMENT 24611 116TH AVE S E 24611 116TH AVE S E KENT,WA 98031 KENT,WA 98031 This Technical Service Support Agreement begins on 10/1/2005 and expires on 9/30/2006 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 Medtromc Physio-Control Corp's Data Management Support and Upgrade Service Terms and Conditions,rev 7/99-1 Price of coverage specified on Schedule A is $10,998 00 per term,payable in Quarterly installments Special Terms 15%DISCOUNT ON ACCESSORIES 17%DISCOUNT ON LP12 UPGRADES 17%DISCOUNT ON DATA MANAGEMENT PRODUCTS Accepted MED O C PHYSIO-CONTROL CORP Customer R— - y N BY By r Tit]�u t„I Lei f" �3�J�t�S 1�t/I GA�� Print PA L A . U)91 (e 14T Date fj7�7/dJ Title Date 7�1 f i Q 5 Purchase Order Number Temtory Rep WENN60 Customer Contact Johnson,Keith Paul Wright Phone 800-442-1142 x2707 Phone 253-8564309 FAX 800-772-3340 FAX 253-856-6300 Reference Number N60-1436 Renewal Printed 7/7/2005 Page 1 of 6 MEDTRONIC PHYSIO-CONTROL CORPORATION TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWALTERMS Medtromc Physio-Control's acceptance of Customer's Technical Service Support Agreement is expressly conditioned on Customers assent to the terms set forth in this document and its attachments Physio-Control 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 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 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 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 If"Inspection"services are designated,subject to the Exclusions identified below,they shall include,for the designated Covered Equipment,verification of proper instrument calibration,venfication 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 achons 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 Physm-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,and/or 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 Physio-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. 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 costs incurred PAYMENT The cost of services performed by Physio-Control shall be payable by Customer within thirty(30)days of Customer's receipt of Physlo- Control's Invoice(or such other terms as Physio-Control confirms to Customer in wnbng) 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 aRered during the Term of this Technical Service Support Agreement,the price of Services shall be adjusted accordingly WARRANTY Physio-Control 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 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 linetation,NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL,OR OTHER DAMAGES Reference Number N60-1436 Renewal Pnnted 7/7/2005 Page 2 of 6 TERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixty(60)days poor wntten 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 of 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-Controft 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 of Washington All costs and expenses incurred by Physio-Control related to enforcement of its rights under this document,including reasonable attorney's fees,shall be reimbursed by Customer Reference Number N60-1436 Renewal Pnnted 7/7/2005 Page 3 of 6 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number Servicing Rep Johnson,Keith,WENN60 District ROCKY MOUNTAIN Phone 800-442-1142 x2707 FAX 800-772-3340 Equipment Location KENT FIRE DEPARTMENT,00521001 24611 116TH AVE S E KENT,WA 98031 Scope Of Service On Site Repair and 1 On Site Inspection per Year M-17/8-5 Ref Effective Expiration Total Model Part Number Senal Number Line Date Date Inspections LIFFPAK®12 VLP12-02-003855 30189002 2 10/1/2005 9/30/2006 1 LIFEPAK(g)12 VLP12-02-003855 30189003 3 10/1/2005 9/30/2006 1 LIFEPAKO12 VLP12-02-003855 30188991 18 10/1/2005 9/30/2006 1 LIFLPAK*12 VLP12-02-003855 30188993 19 10/1/2005 9/30/2006 1 LIFEPAK(R)12 VLP12-02-003855 30198994 20 10/l/2005 9/30/2006 1 LIFEPAK®12 VLP12-02-003855 30188995 21 10/l/2005 9/30/2006 1 LIFEPAKS 12 VLP12-02-003855 30188996 22 10/1/2005 9/30/2006 1 LIFEPAK®12 VLP12-02-003855 30188997 23 10/1/2005 9/30/2006 1 LIFEPAKV 12 VLP12-02-003855 30188998 24 10/1/2005 9/30/2006 1 LIFEPAK9)12 VLP12-02-003855 30188999 25 10/1/2005 9/30/2006 1 LIFEPAKO12 VLP12-02-003855 30189000 26 10/1/2005 9/30/2006 1 LIFEPAK(k)12 VLP12-02-003855 30189001 27 10/1/2005 9/30/2006 1 Scope Of Service On Site Repair Only M-17/8-5 Ref Effective Expiration Total Model Part Number SenalNianber Lme Date Date Inspections LIFEPAK®12 AC/DC PA VLP12-09-000049 005983 28 10/1/2005 9/30/2006 0 LIFFPAKV 12 AC/DC PA VLP12409-000049 005994 29 10/1/2005 9/30/2006 0 LIFEPAKV 12 AC/DC PA VLP12-09-000049 006005 30 10/1/2005 9/30/2006 0 LIFEPAK9,12 AC/DC PA VLP12-09-000049 006011 31 10/l/2005 9/30/2006 0 LIFEPAK*12 AC/DC PA VLP12-09-000031 004017 1 10/1/2005 9/30/2006 0 LIFEPAK712 AC/DC PA VLP12-09-000031 004018 4 10/1/2005 9/30/2006 0 LIFEPAK®12 AC/DC PA VLP12-09-000031 004019 5 10/1/2005 9/30/2006 0 LIFEPAKV 12 AC/DC PA VLP12-09-000031 004020 6 10/1/2005 9/30/2006 0 LIFEPAKR 12 AC/DC PA VLP12-09-000031 004021 7 10/1/2005 9/30/2006 0 LIFLPAKA 12 AC/DC PA VLP12-09-000031 004023 8 10/1/2005 9/30/2006 0 LIFEPAKfis 12 AC/DC PA VLP12-09-000031 004024 9 10/l/2005 9/30/2006 0 LIFEPAK(9 12 AC/DC PA VLP12-09-000031 004049 10 10/1/2005 9/30/2006 0 LIFEPAKa 12 AC/DC PA VLP12-09-000049 000322 11 10/l/2005 9/30/2006 0 Reference Number N60-1436 Renewal Printed 7/7/2005 Page 4 of 6 LIFEPAK®12 AC/DCPA VLP12-09-000031 004104 12 10/1/2005 9/30/2006 0 LIFEPAK9,12 AC/DCPA VLP12-09-000031 004141 13 10JI12005 9/30/2006 0 LIFEPAK®12 AC/DCPA VLP12-09-000031 004555 14 10/1/2005 9/30/2006 0 LIFEPAKO12 AC/DCPA VLP12-09-000031 004561 15 10/12005 9/30/2006 0 LIFEPAKIii12 AC/DCPA VLP12-06-000076 036�71 16 10/1/2005 9/30/2006 0 LIFEPAKS12 AC/DCPA VLP12-06-000076 039QQ$ 17 10/12005 9/30/2006 0 ss Denotes an inventory Ime that has changed snp 1r 04 ggq�W Fpvinon or add. Reference Number N60-1436 Renewal Pnnted 7/7/2005 Page 5 of 6 i MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVJ�V SVrf 01 RT AGREEMENT SC"J 1DULE 1P LIFEPAK®12 DEFIBRILLATOR/MONITOR Battery Support System included when listed on equipment mventoly(Schedule A) Batten Support System 2 included when listed on equipment im entor7 (Schedule A) AC Power Adapter included when listed on equipment inventory (Schedule A) DC Power Adapter included when listed on equipment mventory(Schedule A) Defibrillator paddle repairs are included(excludes internal,stenlizab+e 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 LIFEPAKV2 upgrade is included when installed by Medtronic Physio-Control Technical Services Discount of 17%from list price for any Medtronic Physio-Controlt Data Management product is included Discounts may not be combined with any other special terms,discounts and/or promotions Medtronic Physio-Control FastpakV,Fastpak 2,Lifepak SLA and Lifepak NiCd Battery Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and to replace batteries that do not pass the conditions outlined under"Discarding/ Recycling Battenes" Batteries failing to meet battery performance tests should be removed from service and properly discarded(recycled) If customer provides evidence that a Medtronic Physio-Control Batter% Pak fads to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years,Medtronic Physio-Control shall replace said Medtromc Physio-Control Battery Pak(like for like)i e FASTPAK for FASTPAK,FASTPAK2 for FASTPAK2,LIFEPAK SLA for LIFEPAK SLA,or LIFEPAK NiCd for LIFEPAK NiCd,up to a maximum of 4 Medtronic Physio-Control Battery Paks even two years lincluding prior Support Plan periods)per LIFEPAK*12 defrbnllator(manitor(listed on Schedule A) To assist in proper recychng and remoi at of low capacity batteries,replaced Battery Paks become the property of Medtronic Physio-Control and must be returned at the time of exchange Only batteries manufactured by Medtromc Phy sio-Control are covered under this Service Agreement Any batteries manufactured by other sources are expressly excluded from coverage under this Sen ice Agreement Medtronic Physio-Control cannot guarantee the operation.safety and/or performance of our product when operating with a non-Medtronic Physio-Control battery Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control battery Any repairs,as determined by a Medtronic Physio-Control Service Representatne.resulting from the use of a non-Medtronic Physio-Control 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 Medtromc Phy sio-Control Technical Sen ices Representative will install Lifepak 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 current list price of anew 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 a separate invoice If Repair-Only services are designated on the Sen ice Order inventory for Lifepak 12 units,at the customer's request a Medtronic Physio-Control Technical Services Representative will install a Lifepak 12 software update at a discounted price of$205 per unit per softw are update 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 501/o 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 N60-1436 Renewal Printed 7/7/2005 Page 6 of 6