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Home My WebLink About2011-105 EMS - Physio Control - Amended Agreement to include Fire Dept AES $1,058,May. 16, 2~:'. 4:14Ff~1 Cr.ANGE CC =BIER PVC= T~CH:NYCA~, S~~`'VYCE SUPPC~R.'~ ~+C><~.l;I;•1'V1::~NI' ADI~ENDU~IYl ti~3 ContractNumher PB11C240 end i~grr # 00300503 p);tANt ~E +3oUNTY bMERci13NC'Y 1v1CiMT S 10 NII: AD v~rVI,AND DR H1LL,SliOROUCrH, NC 27278 E ill "c ~4 t?t?3Q05():'. C+F:ANU1:: C.~.)UNTY EM-ERCIEP4('Y MC;~•1± }- tU1,~sE;l_iR(.+t_iC~1'I, Nth `72;2 This Te~ahnical Service Support Agreement begins nn 7~1/ZO10 and erpi;e= ~n 6/30/ZQI~s. The designated Covered lrquiprneat and/or Software is listed o+~'sche~~vle A This Technic::il Service Agreerne-rr is subje~:t to the Terms a.nd Conditions an the reverse side of this doer: n,es ~t an~i ,ir~~• Schedule B, if attache+l. 1f cony Data Management Support atld Upgrade Service• i; included on Sot edi+I~. A then this I'ri:hnic~l Scrvivr Support Agreement is also subject to l?ltysio-Control's 17ata M~+n.+ge+r• ~ ~~. *t!;~}.c~~~t ,s.nd iJ~~,r rdc Service Terms and Conditions, re'v 7I9~-1. price of coverage specified on Schedule A is $21,026.OJ per c~.r~~~, p y~'~l? i~7 An Dual inaa~ Irirnts 'Phis price represents an adjustment of $1,058.OQ based on this ccntrs t s .ue•~i~~;ls Brice of i,2S,968.00 Special Terms _ _ _ _ _ __ ___ _ __ Kane Acceptrd: ]?]iysio-Control, Tna ----l-• ~'~i~tt ~r:FF _ ~~ _ ~, -- - -_-- - - ~SY' tip' - - -- - - f - --- -- -- - ,~ Title. T'rint .~q, 't bate• ap "Title:. ~'C~ „~,y,, - ,f4l~,ax~ T~:jt~ --...----~--lf -~ -- ~~----- ----- -- -- !'urc:t asr, t~r.lcr number: pfl11t:240 Territory li-ep: ~ASS72 C~usa: ~rre. C'nnt~i.ct; lZicky kuslring C lar:ne~ C (frier phone: 300-442-1142 x2368 1'hon : ); ~~-245 6100 1?A~: di)0-772-3340 }'~,`,i ) i c,_')ri6 406Ei fi~fere-i;~~ i•Ji.mber• wit-2~i67 Addencum 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 c 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, Tabor 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. .............................................................................................................................................................................. ....................................................................................END.................................................................................... Reference Number: 572-2967 Addendum Printed: 3/14/2011 Page 3 of 11 Scope Of Service Renewal POS LP500 1 On Site Inspection/Yr with 1 Lith Batt Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK® 500 3011790-000113 13993444 13** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127718 16** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127352 17** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127351 18** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127350 19** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127349 20** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127348 21** 7/1/2010 2/28/2011 1 LIFEPAK® 500 3011790-001129 33127347 22** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127346 23** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127345 24** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127344 25** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127343 26** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127342 27** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127341 28** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33127340 29** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33125848 30** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33125847 31** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33125846 32** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 33125844 33** 7/1/2010 6/30/2011 1 LIFEPAK® 500 3011790-001129 30811669 44** 7/1/2010 6/30/2011 1 Scope Of Service Renewal POS Inspection Only - I On Site Inspection per year Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK® 12 VLP12-02-007228 36587973 53** 7/1/2010 6/30/2011 1 Scope Of Service Renewal POS On Site Repair - 1 On Site Inspection per Year Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK® 12 VLP12-02-005985 33122062 1** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120779 2** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120778 3** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120777 4** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120776 5** 7/1/2010 6/30/2011 I LIFEPAK® 12 VLP12-02-005985 33120774 6** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120773 7** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120772 8** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120769 9** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120768 10** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120767 11** 7/1/2010 6/30/2011 1 LIFEPAK® 12 VLP12-02-005985 33120766 12** 7/1/2010 6/30/2011 1 Reference Number: S72-2967 Addendum Printed: 3/14/2011 Page 5 of 11 LIFEPAK® 500 3011790-001129 31808167 38"' 7/1/2010 6/30/2011 1 Equipment Location: MEBANE FIRE DEPT, 19284001 405 N 1ST ST MEBANE, NC 27302 Scope Of Service AED 1 On Site Inspection per Year with 1 Lithium Battery Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK®1000 320371500023 36156924 58" 7/1/2010 6/30/2011 1 Equipment Location: ENO FIRE DEPT, 20500601 5019 US HIGHWAY 70 DURHAM, NC 27705 Scope Of Service AED 1 On Site Inspection per Year with 1 Lithium Battery Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK®1000 320371500021 37275548 59" 7/1/2010 6/30/2011 1 LIFEPAK®1000 320371500021 37275549 60*" 7/1/2010 6/30/2011 1 * * Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: S72-2967 Addendum Printed: 3/14/2011 Page 7 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 12 (LP 12) Defibrillator/Monitor Service includes: • Standard detachable hard paddle repairs • LP12 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then-current field-installed list price • All Physio-Control battery chazging systems owned by contract end user, up to aone-for-one basis with the total number of LP 12 defibrillator/monitor's listed in Schedule A. • AC Power Adapter repair/replacement DC Power Adapter repair/replacement • Replacement ofPhysio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, LIFEPAKNiCd Battery, and LIFEPAK Li-ion Battery Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the Customer's responsibility and. should be performed in accordance with the LP 12 Series Operating Instructions section entitled Discazding/Recycling Batteries. Battery replacement is available upon completion of the second year of use on aone-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A. Replacement batteries shall be like-for-like (i.e. FASTPAK for FASTPAK, LIFEPAK LI-ion for LIFEPAK LI-ion, etc.). One-for-one, like-for-like battery replacement is available prior to the completion of second yeaz of use upon battery failure as determined by Customer's performance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled Discazding/Recycling Batteries. During the Term of this Agreement, no-chazge replacement for battery failure shall occur no more than four (4) times per two-yeaz period for Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery, and no more than three (3) times per two-year period for Li-ion batteries, regazdless of any terms in prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the completion of the second yeaz of use or battery failure as determined by Customer's performance testing and evaluation. At the discretion ofPhysio-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 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 will be 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 aPhysio-Control Service Representative, resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standazd list prices for parts and labor, including actual travel costs incurred. LIFEPAK 12 Software Updates If combined Repair and Inspection services aze designated for LP 12 units listed in Schedule A, aPhysio-Control Technical Services Representative will install LP 12 software updates at no additional cost, provided they aze installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit boazd, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. Softwaze updates, when installed at a time other than the regulazly scheduled inspection, will be billed at the rate of $205.00 per unit per softwaze update. The cost of such softwaze update will be billed in a separate invoice. If Repair-Only services aze designated for LP 12 units listed in Schedule A, aPhysio-Control Technical Services Representative will install a LP 12 softwaze 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 boazd, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then-current list price. The cost of such softwaze update will be billed in a separate invoice. Reference Number: S72-2967 Addendum Printed: 3/14/2011 Page 9 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 1000 AED INSPECTION-ONLY WITH BATTERY OPTION • Inspections are performed Monday thru Friday Sam to Spm (excluding holidays) • This plan includes periodic inspections as described on Schedule A. If any repairs are requested by customer that are not otherwise covered by warranty then customer shall pay Physio-Control at its then current labor rate less 10%. Parts required for such repairs will be at 15% less than the then current list price for the parts. • Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discazding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). • If customer provides evidence that aPhysio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 yeazs in the case of sealed lead acid batteries and 5 yeazs in the case of lithium ion batteries, Physio-Control shall replace said 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 2Physio-Control SLA Battery Paks every two years or up to a maximum of 1Physio-Control lithium ion Battery Pak every 5 yeazs (including prior Support Plan periods) per LIFEPAK® 1000 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange. • At the time ofinspection, aPhysio-Control Technical Service Representative will install the latest version of softwaze available at the time of service. Software updates requested to be installed at a time other than the regulazly scheduled time of inspection will be billed at $205 per unit per software update. The cost of the softwaze update will be billed on a separate invoice. Reference Number: S72-2967 Addendum Printed: 3/14/2011 Page 11 of 11