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Item H2BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I AGENDA ITEM SUMMARY Meeting Date: October 21. 2015 Division: EmergencLServices Bulk Item: Yes X No ® Department: Fire Rescue AGENDA ITEM WORDING: Approval of an agreement with Physio-Control, Inc., commencing on November 1, 2015 running through October 31, 2016, with automatic renewals thereafter until terminated, for the for sole -source preventative maintenance and inspection of existing medical LifePak equipment, and any additional medical LifePak equipment purchased from Physio, and approval for the Fire Chief to sign all documents as needed to complete the transaction. ITEM BACKGROUND: Physio Control, Inc. is the sole source provider for preventative maintenance and inspection of medical LifePak equipment owned and operated by MCFR. All personnel have been trained on the LifePak 12 brand, and have received additional training on the introduction of the LifePak 15 product, as we phase out the LifePak 12 product. It is imperative this equipment be maintained properly as it is used for cardiac monitoring of patients. CONTRACTIAGREEMENT CHANGES: MCFR did not trade in any LifePak l2s this past year due to increased need. The number of cardiac monitor defibrillators covered by the previous contract was (9) LifePakand (6) Life Pak 15s, for a grand total of (15) LifePaks. The current contract will maintain the previous number of (9) LifePak l2s, phasing in (2) additional LifePak I 5's for a total of (8) LifcPak 15s, with a grand total of (17) LifePaks covered under the maintenance contract; the contract price increases by $4,769.00, to $23,420.00. ................ STAFF RECOMMENDATIONS: Approval y fl , _01 11JIFIIIii ir ,1& 11 "MIERM kX1111 "Will if REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing &L, Risk Management )��, DOCUMENTATION: Included X Not Required DISPOSITION- AGENDA ITEM # 1jR&-Wj-AW" me) a me IN OW110 MAO I Weval Contract with: Physio-Control, Inc. Contract # 0 3189501 Effective Date: 11/01/2015 Expiration Date: —i 0/3 —1/2 016 Contract Purpose/Description: One-year terin agreement between Physio-Control, Inc. commencing on November 1, 2015 and running through Octobet-31 2.016 with automatic annual renewals thereafter until terininated, for the sole - source preventative maintenance and inspection of medical LifePak- equipment. IContract Manager: jLolly Pfiester 6088 Emergency Services / Stop_14 (Name) (Ext.) (Departrnent�Stop #) Total Dollar Value $23,420.00 Current Year FYI 6 $23,420.00 of Contract: Portion: Budgeted? Yes o No [D Account Codes: 141-11500-530340 and 101-11001-530340 ADDITIONAL COSTS Estimated Ongoing Costs: For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Needed Division Director !:-/J� Yes[-] Not Risk Management YesEl No! ng IS' Yes[]Nod C.I.B./Purchasing County Attorney 9-2�' 20 1,5— Yes[:] Nqt � Comments: PIS 1 *3 217r, 11 MW774 W11"fill NNW" Date Out 0 1-r OUR,, Itil Contract Number. End User# 03189501 1 4 INI 9111kall I 01163111101 JGJF.1',9&VJ,v"M062 f 0 BillTo# 03189501 TTkl#lllf�.II&C,Filwt4r--Zc--3.t.VL'I 490 63RD ST OCEAN EMS SUPPLIES MARATHON, FL 33050 This Technical Service Support Agreement begins on I l/ 1 1`2015 and expires on 10/31,1016. 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, Ff any Data Management Suport and Upgrade Service is included on Schedule A then this Technical Service �upport Agreement is also subject to Physio-Control's Data Management Support and Upgrade Cervice Terms and Conditions, rev 7/99� 1. R Z 111 m M WX IN 10 ME Hi 1� � � -3 W Mr, M, W- M N M M IRMIT-SM ummum too Accepte& Physio-Control, Inc - Customer: ......... . . By: By: "M Date: Title: Territory Rep- EAVV67 Miguel Rodriguez Phone: FAX:� 800-772-3340 APPROVED AS TO MRI ArM L`P`AL "UFFIC9-111Y zg'- 9-0 f Date: Purchase Order Number, Customer Contact: Holly Pfiester Phone. 305-289-6088 rAX: 305-289-6007 Reference Number: AC-0947 Renewal Printed: 9;F2015 Page I of 7 PHYSIO-COiNTROL, INC. TECHNICAL SERVICE SUPPORT AGREEME�T TERMS AND CONDITIONS prior to Physlo-Control's acceptance and performance of this Agreement This Agreement covers only the equipment listed on Sckq�ulq A ("(3tver9l EAulpomext"). Tkose (9m.s cickstituts fttr�p�s 99P1 Lhey s�-,all gevecu, ivq� 2_"J1Ar_dP_C1AM nt I'll - irrbase order Th t be revised In awy-manner without the prior written mnsent of Physio-Control. SERVICES. The Services provided under this Agreement are set forth on Schedule A, Physio-Control strives but does not guarantee, to return service calls within two (2) hours and to resolve service issues within twenty-four (24) hours Following Services, Physio-Controt 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 and further described as they relate to each specific Physio-Control device on Schedule B: "Repair Plus Service" or 'Repair Only Service' means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions {as set forth below) "Preventative Maintenance" or "Inspection Only Service' means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition, Inspections include tests, measurements, and a thirty -point evaluation of Covered EquipmerilL Covered Equipment is property calibrated, mechanical operations are checked and adjusted, H necessary, and output measurements are verified to function property, Electrical safety checks are also performed In accordance with National Fire Protection Association (NFPA) guidelines Preventative Maintenance and Inspection Only Service are subject to Exclusions. "Comprehensive Service" or "Repair & Inspect Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, and inspections 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. "Battery Replacement Service' means replacement of batteries on a one -for -one, like -for -like basis, up to the number of batteries and/or devices listed In Schedule A Only batteries manufactured or distributed by Physlo-Controt are eligible for replacement Battery replacement Is available upon Customer notification to Physio-Control of the occurrence of (1) battery failure as determined by Customer's performance testing and evaluation in accordance with the applicable Operating Instructions; or (it) as recommended In the applicable device's 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 Physio-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 Physlo-Control for proper disposal, In the event that Physio-Control does not receive the battery being replaced, Physlo-Control will Invoice Customer the then -current rate for the replacement battery. "On -Site Service" means that a Physio-Control factory -trained technician will provide Services at Customer's location. Services will be performed between 8:00am and SiOOpm local time, Monday through Friday, excluding holidays Customer is to ensure Covered Equipment is available for Services at scheduled times Some Services 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 facility for repair. "Ship -In Service" means that Services will be performed at Physio-Control's designated facility. Physio-Control will cover round-trip freight for Covered Equipment that Is sent to our designated facility for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours, Physics-Controt will charge Customer for such services at 10% off Physlo-Conlrol's standard rates (Including overtime, if appropriate) and applicable travel costs in addition to the contract price. Repair parts required for such repairs will be made available at 15% off the then -current list price EXCLUSIONS. Unless otherwise specified, Services do not include the following Exclusions: • supply or repair of accessories or disposables • repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, acts of God, and use of batteries, electrodes, or other products not distributed by Physio-Control • 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 recycling LOANERS. If Covered Equipment must be removed from use to complete Services, Physio-Control will strive to provide Customer with a similar loaner device 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 Refcrenec Number: AC-0947 Rcnewal Printed: 91/2015 Page 2 of 7 removed Covered Equipment or Physio-Control's request UPDATES. "Updale" means a change to a device to enhance its current features, stability, or software. If Comprehensive Service or Repair & 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 Services. Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service, Repair Only Service, Preventative Maintenance Service, Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair & Inspect Service, will be billed on a separate Invoice at 20% off the then -current list price of the Update. For all Service plans, if parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price. UPGRADES. 'Upgrade means a major, standalone version of software or the addition of features or capabilities to a device. For all Service plans, Upgrades must be purchased separately and are not provided under this Agreement. Upgrades are available at a rate of 17% off the then -current list price PRICING. Pricing is set forth on the first page of this Agreement, on the Quote for Services, and/or on the Invoice for the Services purchased. 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 Physlo-Control receives a copy of valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro -rated accordingly, For Preventative Maintenance Service, Inspection Only Service, Comprehensive Service, and Repair & Inspect Service, no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur. Discounts may not be combined with other special terms, discounts. and/or promotions, PAYMENT. Payment is due within thirty (30) days of invoice date WARRANTY. Physio-Control warrants Services performed under this Agreement and repairtreptacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date Services were perforrned or a repair/replacement part was provided. Custome(s sole remedy shall be raservicing the affected Covered Equipment 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 Term of this Agreement Is set forth on the first page of this document, or In the Quote and/or Invoice for the Services purchased, This Agreement shall automatically renew unless lenninated 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 by Customer, Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the list -price cost of any preventative maintenance, inspections, or repairs rendered during the Term 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 perforrnanre dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE, Any device that is not covered by either a Physic -Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be inspected and repaired (it necessary) to meet original specifications at custamer's cost at the then -current list prices prior to being covered under a Technical Service Support Agreement. Physio-Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physlo-Control. MISCELLANEOUS. (a) During the Term of this Agreement and for one (1) year following its expiration, without Physio-Control's prior written consent, Customer agrees to not to solicit or offer employment to anyone who is employed by Physio-Control to provide Services such as those described in this Agreement, (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 taws of the State in which the Services are provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement, including reasonable attorney's fees, shall be reimbursed by the other party. Keference Number: AC-0947 Renewal Printed: 91,2015 Page 3 of 7 PHYSIO-COnTROL, INC. -'V Servicing Rep: Miguel Rodriguez, EAVV67 District- SOUTHEAST Phone: FAX: 800-772-3340 Equipment Location. Iv ONROE CTY FIRE RESCUE, 03189501 490 63 RD ST OCEAN EMS SUPPLIES MARATHON, FL 33050 Scope Of Service On Site Preventative Maintenance,i Ship In Repair Plus Ref, Effective Expiration Total Model Pan Number Serial Number Line Date Date lnspecti2ns LIVEPAK110 12 VLPl2-02-W2269 13451843 5 11 / 1 /2015 1031/2016 1 LIFEVAK* 12 VILP12.02-005013 32624452 6 111/2015 1011/2016 1 I-WEPAICt 12 VLP 12-02-007228 37050515 7 11/1,1015 1013 112016 1 1,11'E-PAKO 12 VI-1112-02-007228 38338813 a II V-70 15 1013 1/2016 1 I-IMPAK0 12 VLP 12-02-(X)7228 3833980 9 11 1/1-11) 15 IW31/20116 1 L[FFVAK0 12 VLP12-02-007229 38339815 10 11 1A,,20 IS 10131,21016 1 1,111-PAK0 12 VLE'12.02-007228 38338816 11 11 ill,'2015 10/31/2016 1 IJFEPAKO 12 VL[112-024)07228 38338817 12 11.A i2015 103F2016 I LIFEPAK(A) 12 VLP L2-024)07228 38338818 13 11 t /2015 1011 i2016 I LIFEPAKO 15 V15-2-001602 41131794 14 11 1/2015 10,13 112(116 1 LIFCPAKID 15 V15-2.W1602 41131966 15 1 l/V2015 1013 10) 16 1 LIFEPAKID 15 VI5-2-001602 42444548 16 11111112015 1031�2016 I L1FEPAK10 15 V 15-2-001602 42449826 17 1 1 1 1/2015 lW3 ["2016 1 LIFEIIAKt 15 V[5-2-00GO50 38538983 1 11,110-015 l0131,12016 1 UFEVAKO 15 V15-2-000050 39530548 2 M112015 1013 1 ('201161 1 1,11FIEPAK0 15 V I5-2-0(8it)50 40140404 3 11 If) 1�2015 103 1 12016 1 LIFT PAKV 15 V15-2-001602 4(4O4625 4 111)2015 10311120116 1 *0 Denotes an inventory line that has clean gt(I since the last contract revision or addenduni, Reference Number: AC-0947 Renewal Printed: 91/112015 Page 4 of 7 A MOC Contract NurnbeE Additional Items W-»*»»<R Service Type Item aey Start Date End Date CASE CHANGE LP 12/15120 CASE CHG 1-9 1 11/1/2015 10/31/2016 Ret'erence Number: AC-0947 Renewal Printed: M /2015 Page 5 of 7 PHYSIO-CONTROL, TECHNICAL SERVICE SUPPORT AGREEIfENT LIFEPAKO 15 Mon itorDefibri llator Services LIFEPAKS 15 Monitor, Defibrillator Comprehensive Service • Inspections at intervals set forth on Schedule A • Parts and labor necessary to restore device to original specifications, subject to Exclusions • Standard detachable hard paddles repair or replacement REDI-CHARGEV battery charger (Catalog# 1114 1-000115) repair or replacement of one for each LIFEPAK 15 Monitor/Defibrillator listed in Schedule A and as determined necessary by Physio-Control Power Adapter repair or replacement • Battery Replacement Service 0 For cacti LIFEPAK 15 listed on Schedule A, replacement of up to three (3) LIFEPAK Lithium -ion batteries in accordance with the device Operating Instructions, or upon battery failure • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services, If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the (hen -current list price. LIFEPAK O 15 Monilor'Deribrillator Repair Plus Service • Parts and labor necessary to restore device to original specifications, subject to Exclusions Standard detachable hard paddles repair or replacement • REDI-CHARGES battery charger (Catalog# 11141-000115) repair or replacement of one for each LIFEPAK 15 Monitor/ Defibrillator listed in Schedule A and as determined necessary by Physio-Control • Power Adapter repair or replacement • Battery Replacement Service 0 For each LIFEPAK 15 listed on Schedule A, replacement of up to three (3) LIFEPAK Lithium -ion batteries in accordance with the device Operating Instructions, or upon battery failure • Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% offthe then -current list price. LIFEPAK 8 15 Monitor/Defibrillator Preventative Maintenance Service Inspections at intervals set forth on Schedule A Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price. Reference Number. AC-0947 Renewal Printed: 9.1/2015 Page 6 of 7 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENI LIFEPAKO 12 DefibrillatorWorotor Services LIFEPAK8 12 Defibrillator Monnor Comprehensive Service Preventative maintenance and inspections at intervals set forth on Schedule A Parts and labor necessary to restore device to original specifications, subject to Exclusions Standard detachable hard paddles repair or replacement • REDI-CHARGED battery charger (Catalog# 1114 1-000115) repair or replacement orone for each LIFEPAK 12 DefibrillatorNorator listed in Schedule A and as determined necessary by Physio-Control Power Adapter repair or replacement • Battery Replacement Service 0 Replacement of failed internal coin cell batteries-, and 0 For each LIFEPAK 12 listed on Schedule A, replacement ofup to four (4) Phy5io-Control FASTPAK O batteries, FASTPAK 2 batteries, LIFEPAK SLA batteries, LIFEPAK NiCd batteries in accordance with the device Operating Instructions, or upon battery failure, or 0 For each LIFEPAK 12 listed on Schedule A, replacement of up to three (3) LIFEPAK Lithium -ion batteries in accordance with the device Operating Instructions, or upon battery failure Updates installed at no additional cost, provided such Updates are installed at the time ofregularly scbcdu]L(J Services. If parts must be replaced to accommodate installation ref new software, such parts may be purchased at a rate ofW offthe then -current list price. LIFEPAK S 12 Defibritlator, Monitor Repair Plus Service Parts and labor necessary to restore device to original specifications, subject to Exclusions Standard detachable hard paddles repair or replacement REDI-CHARGEO battery charger (Catalogft 11141-000115) repair or replacement of one for each LIFEPAK 12 Defibrillator -Monitor listed in Schedule A and as determined necessary by Physio-Control Power Adapter repair or replacement • Battery Replacement Service 0 Replacement of failed internal coin cell batteries, and o For each LIFEPAK 12 listed on Schedule A, replacement of up to four (4) Physio-Control FASTPAKO batteries, FASTPAK 2 batteries, LIFEPAK SLA batteries, LIFEPAK NiCd batteries in accordance with the device Operating Instructions, or upon battery failure: or 0 For each LIFEPAK 12 listed on Schedule A, replacement of up to three (3) LIFEPAK Lithium -ion batteries in accordance with the device operating Instructions, or upon battery failure Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If pans must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price. LIFEPAK91 12 Defibrillator[Monitor Preventative Maintenance Service: Preventative maintenance and insficctioris at intervals set forth on Schedule A Updates installed at 20% off the then -current list price provided such Updates art: installed at the three of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased Reference Number- AC-0947 Renewal Printed: 91,1/2015 Page 7 of 7