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HomeMy WebLinkAbout20073572.tiff RESOLUTION RE: APPROVE SERVICE CONTRACT AND AUTHORIZE CHAIR TO SIGN - STRYKER MEDICAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Service Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Paramedic Service, and Stryker Medical, commencing November 1,2007, and ending October 31,2008,with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Service Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Paramedic Service, and Stryker Medical be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of November, A.D., 2007, nunc pro tunc November 1, 2007. was E a BOARD OF COUNTY COMMISSIONERS (' TtXrctDO . ti„ATTEST: ��� -pavid E. Long, Chair Weld County Clerk to the `', 1`',r William H. Je Tem BY: / • LI�De.u y Cle to the Boar. William Garcia Ott t AP OV D AST ��. tl - Robert D. Masden unty Attorney cam, 5 q�y,,4 c�� 2✓ Date of signature: I Douglas ttademacher 2007-3572 A 0019 (°l) ; i5(ra- 3 ///v07 stnier Please return to: Terri Peterrnan Sr Field Service Specialist 3800 East Centre Avenue Portage,MI 49002 Phone (800)669-4968 x6536 Fax(269)329-2216 tern peterman@stryker.com www strykermedical.corn October 29, 2007 Weld County Paramedic Service 1109723 1121 M Street Greeley, CO 80631 Mr. Mitch Wagy 0 Phone(970)381-2392 Fax()- Dear Mr.Wagy, Thank you for your interest in Stryker Medical's Service Contract Program. We have a variety of Service Contract options to meet the specific needs of your facility: Service Agreement Options GOLD SILVER PM Annually scheduled preventive maintenance X X (EMS ONLY) X All parts X X All labor and travel X X Unlimited emergency service calls X X Priority one contact:two hour phone response X X Most repairs completed within 3 business days X X JCAHO documentation X X X On-site record of PM &emergency service X X Factory-trained Stryker service technician X X X Stryker authorized parts used X X X Service during regular business hours(8-5) X X X "Does not include any disposable items,I.V.poles(except for Stryker HD permanent poles),docker cables,mattresses,batteries and abuse. NOTE: Two(2)PM's apply for all EMS Products on a Gold Contract One(1)PM applies only for EMS Products on a Silver Contract PM's do not apply for Beds&Stretchers on a Silver Contract JL Weld County Paramedic Service Gold 2007-08 revl 2007-3572 StrYter A SERVICE CONTRACT HELPS TO: • Ensure equipment reliability • Stabilize maintenance budgets • Diminish equipment downtime • Establish documentation for JCAHO • Increase product life • Enhance trade-in value • Address risk mangement and safety Stryker Medical Gold Program-Weld County Paramedic Service Effective Dates: 11/01/07 through 10/31/08 Pricing is determined by age,location, model, and condition of product QTY Model Serial# ES Wtv Unit Price Ext Price 1 6082 050239055 EMS Gold $400.00 $400.00 1 6082 050940146 EMS Gold $400.00 $400.00 1 6082 050940147 EMS Gold $400.00 $400.00 1 6082 050940148 EMS Gold $400.00 $400.00 1 6082 050940149 EMS Gold $400.00 $400.00 1 6082 050940150 EMS Gold $400.00 $400.00 1 6082 050940151 EMS Gold $400.00 $400.00 1 6082 050940152 EMS Gold $400.00 $400.00 1 6082 050940153 EMS Gold $400.00 $400.00 1 6082 050940154 EMS Gold $400.00 $400.00 1 6082 050940155 EMS Gold $400.00 $400.00 1 6082 070340625 EMS Gold $233.33 $233.33 12 Units for Annual Investment on Gold Program at: $4,633.33 Volume Discount 20% $926.67 TOTAL ANNUAL INVESTMENTS for Gold Program $3,706.66 Pricing is firm for a period of 30 days Stryker Service agrees to service the equipment listed on this Agreement. This Agreement shall be effective 11/01/07 through 10/31/08. *PLEASE FAX OR MAIL THE PROPOSAL DOCUMENTS AND A COPY OF THE PO TO STRYKER' Fax number: (269) 329-2 � L C Tern Peterman-Sr. Field Service Specialist Customer Signature David o g, Chair 10/29/07 NOV 2 6 2007 Date Offered Date Accepted Billing option: P.O.NUMBER(PLEASE INCLUDE HARD COPY) ANNUAL or MONTHLY ATTEST: l/ L %/v' yid �;�,/,�� - A� E ada ATTESTING TO BOAR uO Es oe WELD COUNTY CLERK TO THE :�/•RClet tM1SSIONER S„yAIURES ONLY set A � 1 BY: �t. 7 PEPU1 • ERK TO THE B0A! ti r JL Weld County Paramedic Service Gold 2007-08 rev/ AD0J- 3S2 tryyker' STRYKER MEDICAL SERVICE TERMS AND CONDITIONS The following terms and conditions shall apply throughout the term of this Service Contract(the"Agreement"),as more particularly set forth on the foregoing page 2 of this Agreement. la.GOLD-PREVENTATIVE MAINTENANCE EXTENDED WARRANTY AGREEMENT(if applicable) Price includes labor and all parts associated with both annual preventative maintenance and unscheduled service calls,travel charges,and JCAHO equipment checklists. Replacement parts do not include mattresses,batteries,probes and other disposable or expendable parts. Replacement parts damaged by misuse or abuse are not covered under this Agreement. IF EMS,two preventative maintenance calls are included in an annual agreement. 1 b.SILVER-EXTENDED WARRANTY AGREEMENT(if applicable) Price includes all Parts,Labor&Travel associated with unscheduled service calls,equipment checklists,JCAHO documentation.Replacement parts do not include mattresses,batteries,probes and other disposable or expendable parts. Replacement parts damaged by misuse or abuse are not covered under this Agreement. If EMS,one preventative maintenance call is included in an annual agreement. 1c.PM ONLY-INITIAL REPAIRS(if applicable) Price includes scheduled preventative maintenance only to such equipment listed. This Agreement shall be applicable only to such equipment as listed,which has been determined by Stryker Medical's Service Representative to be in good operating condition upon his/her initial inspection thereof. If initial repairs are required to put"out of warranty"equipment in good operating condition,the cost of such initial repairs will be separately invoiced at Stryker Medical's then current hourly labor rate plus parts at Stryker Medical's then current list price. 2.INITIAL REPAIRS This Agreement shall be applicable only to such equipment as listed on page 2 of this Agreement(the"Equipment"),which has been determined by Stryker Medical's Service Representative to be in good operating condition upon his/her initial inspection thereof. If initial repairs are required to put"out of warranty"equipment in good operating condition,the cost of such initial repairs will be separately invoiced at Stryker Medical's then current hourly labor rate plus parts at Stryker Medical's then current list price. 3.ADVANCE NOTIFICATION Maintenance Service calls will be scheduled annually once a year(or twice a year if Ambulance Cots GOLD Program)at a mutually agreed upon time between CUSTOMER and Stryker Medical.Equipment not made available at the mutually agreed upon time will be serviced during the next scheduled service call or at another specified date.Any Maintenance Service calls which are not done as part of the once a year maintenance program will be at the expense of the CUSTOMER.Such arrangements will include travel and other special charges at Stryker Medical's then current rates. Any Maintenance Service call scheduled outside of Stryker Medical's normal working hours will carry an additional charge. 4.SERVICE CALL ACTIVITY On each scheduled service call,Stryker Medical's Service Representative will inspect and adjust each available item of Equipment as required in accordance with Stryker Medical's then current maintenance procedures for said Equipment.The maintenance services will be performed annually each year.Stryker may amend this Agreement if there are any discrepancies on the number of inspections,price,equipment,or location. 5.SERVICE INVOICING Invoices will be sent on the agreed upon payment method(monthly or annual). All prices are exclusive of taxes.All taxes,when applicable,will appear as separate items on Stryker Medical's invoice. All invoices issued under this Agreement are to be paid within thirty(30)days of the date of the invoice. Failure to comply with Net 30 Day terms will constitute breach of contract and future service will only be made on a prepaid or COD basis,or until the previous obligation is satisfied,or both. Stryker Medical reserves the right,with no liability to Stryker Medical,to cancel any contract on the basis of payment default for any previous product or service provided by Stryker Medical or any of its affiliates. 6.PRICE CHANGES The Service prices specified herein are those in effect as of the date of acceptance of this Agreement.And will continue in effect throughout the duration of Agreement.Please be advised of the following Stryker Service pricing charged on a time and materials basis: BED/STRETCHER PRODUCTS=Labor @$125 per hour,Travel @$110 per hour(portal to portal)- Parts per quote+shipping. EMS PRODUCTS=Labor @$100 per hour,Travel @$100 per hour(portal to portal)-Parts per quote plus shipping 7.OPERATION MAINTENANCE Stryker Medical service is ancillary to and not a complete substitute for the requirements of users to adhere to the routine maintenance instructions provided by Stryker Medical,its equipment and operations manuals,and accompanying labels and/or inserts for each item of Equipment. Appropriate user personnel should be entirely familiar with the instructions and contents of those manuals,labels and inserts and implement them accordingly. JL Weld County Paramedic Service Gold 2007-08 revl 8.SERVICE EXCLUSIONS Notwithstanding any other provision of the Agreement,this Service does not include repairs to mattresses,broken I.V.poles,or any other service made necessary by abuse,misuse,negligence,accident,catastrophe,act of God or any malfunction resulting from faulty maintenance,improper repair,damage and/or alteration by non-Stryker Medical personnel. 9.WARRANTY LIMITATIONS During the term of this Agreement,Stryker Medical will maintain the Equipment in good working condition during Stryker Medical's normal working hours. There are no express or implied warranties by Stryker Medical other than the warranties hereinabove described with respect to the Equipment. Stryker Medical makes no warranty of merchantability or fitness for a particular purpose with respect to the Equipment or parts thereof. Stryker Medical's liability on any claim whether in contract or otherwise,for any loss or damage arising out of,connected with or resulting from the repair of any product furnished hereunder shall in no event exceed the price paid for said repair which gives rise to the claim. In no event shall Stryker Medical be liable for incidental,consequential or special damages. Notwithstanding the foregoing,nothing herein shall be deemed to disclaim Stryker Medical's liability to third parties resulting from the sole negligence of Stryker Medical as determined by a court of law. 10.EQUIPMENT SCHEDULE CHANGES During the term of the Agreement and upon Stryker Medical's written consent,which will not be unreasonably withheld,additional equipment may be included in this Agreement. All additions are subject to the terms and conditions contained herein. Stryker Medical shall adjust the charges and modify the Agreement to reflect the additions. 11.ACCEPTANCE-LENGTH OF AGREEMENT To receive the desired service,on the terms described herein,please indicate CUSTOMER's acceptance by signing this Agreement where indicated on page 2 hereof and returning to Stryker Medical all copies of the Agreement within thirty(30)days of the DATE OFFERED date indicated on page 2 of this Agreement. This Agreement can be canceled by either party by giving at least thirty(30)days prior written notice of any such cancellation to the other party.If this Agreement is canceled during or before the expiration date of the Agreement set forth on page 2 hereof,CUSTOMER will be charged for the months covered during contract period and for all parts,labor,and travel need to maintain the Equipment during the Agreement period with no early cancellation penalties. 12.PERFORMANCE EXCLUSIONS Service and articles delivered by Stryker Medical hereunder shall be subject to and conditional upon floods,strikes,other labor disturbances (regardless of the reasonableness of the demands of labor),riots,fires,accidents,wars(present and future),embargoes,delays of caniers, inability to obtain raw materials,failures of normal sources of supply,restraints of government or any other cause(whether similar or dissimilar to the foregoing)beyond Stryker Medical's reasonable control. 13.SEVERABILITY OF PROVISIONS The invalidity,in whole or in part,of any of the foregoing paragraphs,where determined to be illegal,invalid,or unenforceable by a court or authority of competent jurisdiction,will not affect or impair the enforceability of the remainder of the Agreement. 14.GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado,without giving effect to the choice of law provisions thereof. JL Weld County Paramedic Service Gold 2007-08 revl Hello