HomeMy WebLinkAboutStryker Medical Service - 2008-08-25 0,,Su '� INSURANCE AND INDEMNIFICATION WAIVER
ICI® IFICATI N RE UEST
1. Requested by: Fire Chief Duane Olson
2. Date: September 22, 2009 OCI 2 2 2009
3. Name of contractor/permittee: Stryker Medical Service city ct Eu; jton aoach
4. Description of work to be performed: Preventative City kioraey's(attic
5. Value and length of contract: $1872.00 for 1 year of maintenance service on 7 stair chairs
6. Waiver/modification request: Accept waranty & governing law issues
7. Reason for request and why it should be granted: Unable to modify standard contract
from Sryker. The Fire Department wishes to opt for the indemnification waiver suggested
in RLS 07-1033.001.
8. Identify the risks to the City in approving this waiver/modification: Minimal to none
Department Head Signature Date:
APPROVALS WW W y
r x
.FxApprovals must be obtained in the order�hsted on this form Twoepprovals are required
T^Y35�3'4.i .3 {i.."'Y ..dAA=b5'Y, :••
for a request to be granted Approval from the City Administrator s'Office is only'required if
.,
Risk'Managementand t e�Gity Attorney Office disagree .
1 i k Management
Approved ❑ Denied
Signature Date
2. � City Attorney's Office
oLl" pproved ❑ Denie-d\—'
V Signature U Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
� �> If approved, the completed waiver/modifica#ior arec#uest is to be submitted*to the`:,
`,�:City Atto�ney's Office along with,the o ract"for approval Once,the contract has been approved, z
ahis form is to be filed with$the Risk ManagementDivsion of Admiriistrafive.Services
Svc Contract waiver 09 9/22/2009 8:58:00 AM
stpyker
Gold Service Agreement - 1 Year
3800 E.Centre Ave.
QUOTE NUMBER: .i1 of ur,, ,nglon Beach Portage,M149002
This Stryker Service Program Includes:
Date August 25,2008 All Parts Excluding Mattresses
Account#1 1 23292--- All Labor and Travel
Account Name City of Huntington Beach Fire Department Factory Authorized Service Technician
Address 2000 Main Street Stryker Factory Parts
City,State,ZIP Huntington Beach,CA 92648 2 Hour Call Response
2 Preventative Maintenance Check
Contact Bob Culhane Joint Commission Paperwork
Title/Dept. Deputy Fire Marshal/Ambulance Program Rep Name:
Phone# 714-375-5078
Fax# 714-374-1511
E-mail r-ulharei surfeit hEo,oro
Thank you for your interest in Stryker Medical's Gold Service Contract Agreement. World-class customer service and technical support
programs help keep every product in top condition throughout its life span. Stryker offers a variety of service options that will maximize your
product's life and availability. Please review the proposal and pricing information below.
A SERVICE CONTRACT HELPS TO:
m Ensure equipment reliability ° Establish Joint Commission documentation ® Address risk management
• Stabilize maintenance budgets ° Increase product life and safety
• Diminish equipment downtime a Enhance trade-in value
YEAR 1
Oty Model# Program Ext.$
7 6252 Gold $2,195.00
Annual Investment for Gold Program: $ 2,195.00
TOTAL INVESTMENT: Year 1 $ 2,195.00
Stryker Service agrees to service the equipment listed on this Agreement.
This Agreement shall be effective 9/1/2008 through 9/1/2009
-- I l LID
Contract Administrator Customar signature Date Accepted
Aug 25 2008
Date Offered Purchase Order Number(MUST INCLUDE HARD COPY)
*Please tax signed Proposal and Purchase Order to Tom Tackabury at 269-321-3501
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.
1.GOLD-PREVENTATIVE MAINTENANCE EXTENDED WARRANTY AGREEMENT
Price includes labor and all parts associated with both 2 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.
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 twice a year 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:
EMS PRODUCTS=Labor @$105 per hour,Travel Co)$105 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.
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 carriers,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--------------—-- — -------- -- -- --------s
�—Thi_s-Agreemen hall be-construed,and interpreted in accordance with the-laws.of the State of M�igan.�
SERIAL NUMBER SHEET
Sena!Number
6252 0312 40032
6252 0312 40033
6252 0312 40034
6252 0401 39035
6252 0401 39036
6252 0501 39416
6252 0704 39187
PURCHASE ORDER Page: 1
City of Huntington reach This number must
(714) 536-5221
appear on
Billing Inquiries. (714)374-1568 Packages and Invoices
Please send invoices Attn: Accounts Payable
P.O. Box 784 14745-OP
Date: 9/3/2008 Huntington Beach, CA 92648
Branch/Plant: 50265403
Supplier: Ship To:
STRYKER EMS CITY OF HB-FIRE
3800 E CENTRE AVE 2000 MAIN ST
PORTAGE MI 49002-5826 HUNTINGTON BEACH CA 92648-2702
Order Date: Delivery Date: Buyer: Freight: Terms:
9/2/2008 9/2/2008 GRIFFIN SHARON Net 30(Override)
LINE CITY EXTENDED REQ
NUMBER DESCRIPTION/SUPPLIER ITEM ORDERED UOM UNIT PRICE PRICE NUMBER
1.000 1 yr of maint for stair chair EA 2,195.0000 2,195.00 00066032-OR
from 9/1/08 through 9/1/09.
Order Subtotal 2,195.00
Sales Tax .00
Total Order 211195.00
TERMS AND CONDITIONS ON REVERSE
FORM A PART OF THIS ORDER
jRichard Amadni,Purchasing Manager-City of Huntington Beach