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18-R-32 - Amended agreement with Physio-Control IncWHEREAS, Schertz City Council approved Resolution #17 -R -121 for a 5 year lease /purchase agreement with Physio- Control, Inc in the amount of $161,392.00 for EMS equipment; and WHEREAS, the Fire Department has a need to acquire one (1) patient care monitor /defibrillator for Engine #3 and has selected the Physio- Control, Inc. LifePak 15 system with the corresponding service agreement; and WHEREAS, pricing was obtained from Physio - Control, Inc. as a sole source provider; and this sole source procurement is allowable under Section 252.022 "General Exemptions" section 7 sub - section D for an expenditure for a procurement of items that are available from only one source, including captive replacement parts or components for equipment; and WHEREAS, the City of Schertz will fund the lease /purchase of one (1) patient care monitor /defibrillator and service agreements through an amended four (4) year lease /purchase agreement; and WHEREAS, Schertz EMS has spent approximately $8,000 with Physio - Control Inc., to date, and Schertz EMS and Fire anticipate additional expenditures with Physio - Control Inc. for separate, unrelated public health and safety equipment in an amount not to exceed $25,000 for the remainder of the fiscal year; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to enter into an amended four year lease /purchase agreement with Physio- Control, Inc. in the amount of $42,828.77 annually for a total lease /purchase cost of $203,593.48, attached in Exhibit A. The annual lease /purchase expenditures and the additional separate, unrelated purchases from Physio - Control, Inc. will not exceed$ 80,000.00 in FY 17 -18. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. 50234811.1 A -1 Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of March, 2018. CITY OF aTZ, TEXAS R. Carpenter, Mayor ATT enda Dennis, City Secretary (CITY SEAL) 50234811.1 A -2 EM Owner: Flex Financial, a division of Stryker Sales Corporation Address: 1901 Romence Road Parkway Portage, MI 49001 Check if applicable: • Restated equipment: • Restated service coverage: Additional term in months: X New payment amount: Amendment Effective Date: Signature Date Amendment proposal valid through last business day of February. 2018 Customer: CITY OF SCHERTZ, TEXAS Address: 1400 SCHERTZ PKWY SCHERTZ, Texas 78154 -1634 See Part I on attached Exhibit A See Part II on attached Exhibit A 4 Annual Payments of $42,828.77(plus applicable sales /use /taxes) Owner and Customer desire to amend the agreement described above (the "Agreement "), as follows: 1. Restated equipment: If checked above, the equipment described in Part I on Exhibit A is hereby restated as the "Equipment" subject to the terms and conditions of the Agreement, which if adding Equipment such added Equipment shall be shipped to Customer within a reasonable time after this Amendment is signed by Customer and returned to Owner. 2. Restated service coverage: If checked above, the service described in Part II- Service Coverage in the attached Exhibit A shall supersede and replace Part I- Service Coverage set forth in the original Exhibit A to the Agreement, effective as of the Amendment Effective Date. 3. Additional term in months: If checked above, the term of the Agreement is extended for the number of additional months described above and payments (as modified herein) shall continue to be due during such extension. If not checked above, the term of the Agreement will not be extended and the payments (as modified herein) shall be due during the remainder of the Term. 4. New payment amount: If checked above, commencing on the first date a payment is due under the Agreement subsequent to the Amendment Effective Date, the payments due under the Agreement shall be the New Payment Amount. 5. New payment amount adjustment: The New Payment Amount was calculated by Owner based, in part, on a rate reported in the "Interest rate swaps" section of Federal Reserve Statistical Release H -15 and in the event the Amendment Effective Date starts more than 30 days after Owner sends this Amendment to Customer, Owner may adjust the New Payment Amount once to compensate it, in good faith, for any increase in such rate. 6. Insurance: Customer agrees to provide proof of insurance with respect to any added Equipment in accordance with the terms of the Agreement. 7. Miscellaneous: All capitalized terms used but not defined in this Amendment will have the meanings given to them in the Agreement.The terms of this Amendment shall be effective for all purposes as of the Amendment Effective Date. Except to the extent modified by this Amendment, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. All terms and conditions of the Agreement are incorporated herein by reference thereto. Customer signature Signature: Date: Print name: Title: Accepted by Flex Financial, a division of Stryker Sales Corp. Signature: Date: Print name: Title: 9M3 Customer name: CITY OF SCHERTZ, TEXAS Delivery address: 1400 SCHERTZ PKWY, SCHERTZ, Texas 78154 -1634 Part I - Equipment Current equipment Model No. Description Qty 9999 - 999 -999 LUCAS 3.0 Chest Compression System on Physio Quote Number 00105481 1 Restated equipment (Items underlined reflect items being added to the Agreement) Model No. Description Qty 9999 - 999 -999 LUCAS 3.0 Chest Compression System on Physio Quote Number 00105481 1 9999 - 999 -999 LIFEPAK 15 V4 on Physio Quote Number 00114136 1 Service Coverage Current Service Model No. Description Yrs Qty 9999- 999 -999 LUCAS Service - 4 YEAR on Physio Quote Number 00105481 4 1 Restated Service (Items underlined reflect items being added to the Agreement) Model No. Description Yrs Q 9999 - 999 -999 LUCAS Service - 4 YEAR on Physio Quote Number 00105481 4 1 9999 - 999 -999 LIFEPAK 15 Service - 4 YEAR on Physio Quote Number 00114136 3.92 1 To SCHERTZ EMS Attn: Jason Mabbitt, EMS Director 1400 SCHERTZ PKWY SCHERTZ,TX 78154 (210) 619 -1400 jmabbitt @schertz.com 99577 - 001957 11140- 000015 11140- 000052 11141- 000115 11160 - 000011 11160 - 000013 11160 - 000015 11160 - 000017 11160 - 000019 11171- 000049 11171 - 000050 11220- 000028 11260- 000039 Quote Number: 00114136 Physio- Control, Inc 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073 -9706 U.S.A. www.physio - control.com tel 800.442.1142 Sales Order fax 800.732.0956 Service Plan fax 800.772.3340 Quote Number 00114136 Revision # 1 Created Date 2/14/2018 Sales Consultant Chad Lewis (210) 884 -0891 chad.lewis @physio - control.com FOB Redmond, WA Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 5/1512018 LIFEPAK 15 V4 Monitor /Defib, Adaptive Biphasic, Manual & AED, Color LCD, 100mm Printer, Noninvasive Pacing, Metronome, Trending, SpO2, NIBP, 12 -Lead ECG, EtCO2, Carbon Monoxide, Bluetooth INCLUDED AT NO CHARGE: 2 PAIR QUIK -COMBO ELECTRODES PER UNIT - 11996- 000091, TEST LOAD - 21330- 001365, IN- SERVICE DVD - 21330- 001486, SERVICE MANUAL CD- 26500- 003612 (one per order) and SHIP KIT (RC Cable) 41577- 000288 INCLUDED. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. AC power cord LP15 RED]- CHARGE Adapter Tray RED]- CHARGE Base (power card not included) NIBP Cuff - Reusable, Infant NIBP Cuff - Reusable, Child NIBP Cuff - Reusable, Adult NIBP CUFF- REUSEABLE, LARGE ADULT, BAYONET NIBP Cuff - Reusable Adult X large Rainbow DCI Adt Reusable Sensor, 1 /box Rainbow DCIP Pedi Reusable Sensor, 1 /box Carry case top pouch for use w /LIFEPAK 12 or LIFEPAK 15 LIFEPAK 15 Carry case back pouch LIFEPAK 15 Basic carry case w /right & left pouches; 1.00 135,660.00 1-4,635.80 131,024.20 131,024.20 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 83.00 211.00 1,555.00 22.00 25.00 31.00 34.00 49.00 640.00 705.00 59.00 84.00 -10.79 -27.43 - 202.15 -2.86 -3.25 -4.03 -4.42 -6.37 -83.20 -91.65 -7.67 -10.92 72.21 183.57 1,352.85 19.14 21.75 26.97 29.58 42.63 556.80 613.35 51.33 73.08 72.21 183.57 1,352.85 19.14 21.75 26.97 29.58 42.63 556.80 613.35 51.33 73.08 11577- 000002 21330 - 001176 LP15- OSCOMP -4 -POS Quote Number: 00114136 shoulder strap (11577- 000001) included at no additional charge when case ordered with a LIFEPAK 15 device LP 15 Lithium -ion Battery 5.7 amp hrs LIFEPAK 15 Service - 4 YEAR. On -site Comprehensive Coverage. Annual Payments. Includes: - Services performed at customer's location by a Physio - Control Technical Specialist -Parts and labor necessary to restore device to original specifications - Annual Preventive Maintenance and inspections including quality assurance documentation - Discounts on accessories, disposables, and upgrades - Updates to the latest software version - Preconfigured loaner device provided if needed - Battery Replacement Service 1.00 4.00 1.00 327.00 479.00 7,056.00 -42.51 -62.27 - 1,058.40 284.49 416.73 5,997.60 284.49 1,666.92 5,997.60 Subtotal USD 42,016.47 Estimated Tax USD 0.00 Estimated Shipping & Handling USD 185.00 Tax will be calculated at time of invoice and is based on the Ship To location where product will be shipped. Grand Total List Price Total Total Contract Discounts Amount Total Discount Trade In Discounts Tax + S &H USD 42,201.47 Pricing Summary Totals USD 48,457.00 USD - 1,058.40 USD - 5,382.13 USD 0.00 USD 185.00 GRAND TOTAL FOR THIS QUOTE USD 42,201.47 Please provide a company issued Purchase Order that includes Billing and Shipping Address. PO must reference payment terms of Net 30 days- - O — Rewired information ii no Purchase Carder is provided Billing Address same as address on quote Shipping Address same as Billing Address Account Name Account Name Address Address C ity City State Zip Code State Zip Code Accounts Payable Contact Information Accounts Payable Contact Accounts Payable Phone Number Accounts PayableEmail Custom er is Ta x Exe m pt? lies No Authorized Customer Signature Name .Signature Title Date Optional information: Special Ship to Address Comments For PVlultiple End Users, please attach a supporting document with End User name, physical location, producttype and quantity To update any customer information, please complete form at www.phsio- control.com /account/ Reference Number CL/15463103/158123 Quote Number: 00114136