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Minutes - Montgomery County Hospital District

1. Yes No N A X L L Budgeted item Within budget Renewal contract D LI LJ D D Ps BBO Special request C4 29 2015 PE2 CAG 70 amp GE Meat hccre Montgomery County Hospital District Attn Jordan Anderson Customer Number 1400 N Loop 336 W 1400 N Loop 336 W Conroe Quotation Expiration Date 06 04 2015 Conroe TX 77304 3504 TX 77304 3504 t rSaAr I pisalthesna t each os sienified harc Agreement s dered ds fus Queaten end ihe terme end UAS set sent es onu due fabio d aliens Product Teens and Condes ond 3 Gf uU Gi Healthese Agatoni Temes cud Cesna did secant jeho General Tes ha ba past of Contae song the kesyo tarte Bue onder of petcengnue m pa bated exe s OF by Otherwise Peratus euidence of oocertance f ie Gee Comp pte ad frat egciement of te partim relating to Pt wisiher conbunsed Custabtr s purines order ec hep ese tats de gatear shed be Seo athens herentter gh tomaba thes Agee 5g boda Vien toe fecun Amerinet Torget Buy FOB Destination 80 delivery 20 Installation NET 30 36 526 40 Governing Agreement Terms of Delivery Billing Terms Payment Terms Total Quote Net Selling Price 1 PORE OF PAYMENT S5 MES Loon or GE HFS Lease le NOT selected at the tree ervices GE HFS to fund this arrangement after shipment Vas Third Party Loan GE HFS Lease GE HFS Loon Third Party Lease Ipieosg identify
2. MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS MONTGOMERY COUNTY HOSPITAL DISTRICT The regular meeting of the Board of Directors of Montgomery County Hospital District was duly convened at 4 00 p m June 2 2015 in the Administrative offices of the Montgomery County Hospital District 1400 South Loop 336 West Conroe Montgomery County Texas 1 Call to Order Meeting called to order at 4 00 p m 2 Invocation Led by Mr Grice 3 Pledge of Allegiance Led by Mr Bagley 4 Roll Call Present Bob Bagley Chris Grice Mark Cole Kenn Fawn arrived late 4 13 p m Sandy Wagner Georgette Whatley Not Present Harold Posey 5 Public Comment There were no comments from the public 6 Special Recognition Ironman Special Recognition Avery Belue James Cochran Sarah Nakunz Kevin Piper Krystal Reed Brandon Valenzuela Non Field Veronica Delacerda 7 10 11 12 Consider and act on ratification of contracts with additional network providers for indigent care Mrs Wagner Chair Indigent Care Committee Mrs Wagner made a motion to consider and act on ratification of contracts with additional network providers for indigent care Mrs Whatley offered a second and motion passed unanimously Presentation of EMS Dispatch Compliance Times attached Mr Matt Walkup made a presentation to the board CEO Report to include update on District operations strategic plan capital purchases emp
3. FMV An independent third party shall determine the Installation Service FMV Notwithstanding any other provision of this Agreement to the contrary either the discharge of Customer s obligation to pay for instaliction Services shown as o separate line itemis in the Quotation or the deduction of the Installation Service FMV as applicable shall be Customer s sole and exclusive remedy ond GE Healthcare s sole and exclusive liability in the event GE Healthcare fails to perform its installation obligations under this Agreement 1 46 Information Technology Professional Services TPS ITPS must be performed within twelve 12 months of the later of the dote i Customer orders ITPS or lii of Product delivery ITPS Performance Date If ITPS is not performed within twelve 12 months of the ITPS Performance Date for reasons other than GE Healthcare s failure to perform GE Heaithcare s ITPS performance obligation will expire without refund ITPS includes clinical applicotions training project management HL7 HIS systems integration database conversion network design and integration ond separately cataloged software installations This section shall not apply to Healthcare IT Products 1 5 Acceptance Unless expressly provided otherwise in this Agreement Customer shall be deemed to have accepted a Product delivered by GE Healthcare under this Agreement on the earlier of i if GE Healthcare installs the Product five 5 days after GE Healthcare
4. can go Here s some of the dates that think are important interesting Prior to Sep 2011 40 5096 On ZOLL prior to Pre Alerts I believe Sep 2011 Jan 2013 55 7596 On ZOLL with Pre Alerts January 2013 3596 Tritech Implementation Any CAD implementation is going to have a lot of issues with dispatch times Feb 2013 Dec 2014 55 7296 On Tritech no employee feedback Jan 2015 Feb 2015 72 7596 Starting to give shift feedback limited employee feedback March 2015 8196 First time since 2008 I would argue probably since the beginning of MCHD we are above 80 That is about a 1096 increase over the last few months and an almost 20 increase over last year We are almost to 9096 keep up the good work Monthly Compliance Scores January 2008 March 2015 i Dispatch www Overall Response 50 0096 40 00 30 00 T t 1 rt 1 02 03104 05 06 07 08 09110 2008 Below is a chart of response times in the Woodlands Data is from 1 1 2010 to 3 31 2015 Some of the following is educated conjecture on my part The blue line is drive times only enroute to on scene staged times which have not significantly changed in the last 5 years but are improving believe that this slight improvement is due to the additional trucks in the woodlands What has changed significantly is our overall response times the red line which generally have improved since 2010 The difference between the blue and red
5. 00 PAN TB CF 19 15 3610ME 128GB 4GB 50 250 00 Mfg CF 19ZE289CM i Contract MARKET 470719 PAN TOUGHBOOK WARRANTY PRO PLUS 3YR Mfg CF SVCLTNF3Y i Contract Texas Panasonic DIR TSO 2520 DIR TSO 2520 Electronic distribution NO MEDIA PANASONIC 8GB TOUGHBOOK MEMORY Mfg CF KBASO8GM Contract Texas Panasonic DIR TSO 2520 215 00 3 225 00 3 225 00 DIR TSO 2520 SUBTOTAL 56 700 00 FREIGHT 461 01 TAX 0 00 i I us Currency TOTAL 57 161 04 Please remit payment to i CDW Government CDW Government I 75 Remittance Drive 230 North Milwaukee Ave i Suite 1515 Vernon Hills IL 60061 Fax 312 705 8643 l Chicago IL 60675 1515 Dan Calhoun From Pottorf Lisa lt lisa pottorf ext us panasonic com gt Sent Thursday May 14 2015 1 24 PM To Rich Klabanoff Subject Re Discontinued Part I confirmed again with Synnex and yes that SKU has been discontinued Lisa Pottorf Panasonic System Communications Compary North America Healthcare Vertical Inside Sales Representative 1 Toll Free 877 826 6560 x578 lisa pottorf ext us panasonic com irte R BORNE ES AI SAID ELEN I o tL UOTE E S IS La RUM GS apanan panas rr orti nia Et a OR SER LTE ETRE UR MATELAS TR RA SEL TUNI OR RCRA HT EER ETE wana EREA IE ARRE E E at From Rich Klabanoff lt richkla cdw com gt Sent Thursday May 14 2015 1 12 PM To Pottorf Lisa Subject Discontinued Part Lisa Can you pl
6. 952lgl with respect to any price reductions of an item including a free item which were obtained as part of a warranty under this Agreement Customer agrees thot if Customer is required to report its costs on a cost report then i the discount must be based on purchases of the same good bought within a fiscal year fil Customer must claim the benefit in the fiscal year in which the discount is earned or in the following year il Customer must fully and accurately report the discount in the applicable cost report and ivl Customer must provide upon request certain information required to be provided to Customer by GE Healthcare as a seller or offeror as appropriate If Customer is an individual or entity in whose name a claim or request for payment is submitted for the discounted items the discount must be made at the time of the sole of the good and Customer must provide upon request certain information required to be provided to Customer by GE Heaithcare as o seller or offeror as appropriate GE Healthcare agrees to comply with the applicable requirements for sellers or offerors under the Discount Safe Harbor os appropriate 23 Network Security ond Site Access Control Customer shall be solely responsible for establishing ond maintaining network security virus protection backup and disaster recovery plans for any data images software or equipment GE Healthcare shall not be responsible for any recovery of lost data or images Customer sh
7. LIMITATION OF LIABILITY SHALL NOT APPLY TO GE HEALTHCARE S DUTIES TO INDEMNIFY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT THE LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE LIMITED REMEDIES FAiL OF THEIR ESSENTIAL PURPOSE 3 3 Exclusion of Damages NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE PRODUCTS AND SERVICES FOR ANY INDIRECT SPECIAL PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS REVENUE TIME OPPORTUNITY OR DATA WHETHER IN AN ACTION IN CONTRACT TORT PRODUCT LIABILITY STATUTE EQUITY OR OTHERWISE THE EXCLUSION OF DAMAGES SHALL APPLY EVEN IF THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE 34 IP Indemnification GE HEALTHCARE WILL DEFEND INDEMNIFY AND HOLD HARMLESS CUSTOMER FROM ANY THIRD PARTY CLAIMS FOR INFRINGEMENT OF UNITED STATES INTELLECTUAL PROPERTY RIGHTS ARISING FROM CUSTOMER S USE OF GE HEALTHCARE MANUFACTURED EQUIPMENT AND OR GE HEALTHCARE PROPRIETARY SOFTWARE LISTED IN THE QUOTATION COLLECTIVELY INFRINGING PRODUCT IN ACCORDANCE WITH THEIR SPECIFICATIONS AND WITHIN THE LiCENSE SCOPE GRANTED IN THIS AGREEMENT IF ANY SUCH CLAIM MATERIALLY INTERFERES WITH CUSTOMER S USE OF SUCH EQUIPMENT AND OR SOFTWARE GE HEALTHCARE SHALL AT ITS OPTION l SUBSTITUTE FUNCTIONALLY EQUIVALENT NON INFRINGING PRODUCTS Il MODIFY THE INFRINGING PRODUCT SO THAT IT NO LONGER INFRINGES BUT REMAINS FUNCTIONALLY EQUIVALENT ill OBTAIN FOR CUSTOMER AT GE HE
8. PROVISION IN THIS AGREEMENT GE HEALTHCARE SHALL NOT HAVE ANY OBLIGATION TO CUSTOMER HEREUNDER FOR INFRINGEMENT CLAIMS BASED ON OR RESULTING FROM Aj USE OF SUCH INFRINGING PRODUCT IN COMBINATION WITH ANY COMPUTER SOFTWARE TOOLS HARDWARE EQUIPMENT MATERIALS OR SERVICES NOT FURNISHED OR AUTHORIZED IN WRITING FOR USE BY GE HEALTHCARE B USE OF SUCH NFRINGING PRODUCT IN A MANNER OR ENVIRONMENT OR FOR ANY PURPOSE FOR WHICH GE HEALTHCARE DID NOT DESIGN OR LICENSE IT OR IN VIOLATION OF GE HEALTHCARE S USE INSTRUCTIONS OR C ANY MODIFICATION OF SUCH INFRINGING PRODUCT BY CUSTOMER OR ANY THIRD PARTY GE HEALTHCARE SHALL NOT BE RESPONSIBLE FOR ANY COMPROMISE OR SETTLEMENT OR GE Healthcare General Terms and Conditions Rev 08 14 Page 3 of GE Healthcare Confidential amp Proprietary CLAIM MADE BY CUSTOMER WITHOUT GE HEALTHCARE S WRITTEN CONSENT THIS INDEMNIFICATION OBLIGATION IS EXPRESSLY LIMITED TO THE GE HEALTHCARE MANUFACTURED EQUIPMENT AND OR GE HEALTHCARE PROPRIETARY SOFTWARE LISTED IN THE QUOTATION 3 5 General Indemnification GE HEALTHCARE AGREES TO RELEASE INDEMNIFY AND HOLD CUSTOMER HARMLESS FOR ANY THIRD PARTY DAMAGES CUSTOMER BECOMES LEGALLY OBLIGATED TO PAY RELATED TO BODILY INJURY OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY TO THE EXTENT THAT SUCH DAMAGES ARE DETERMINED TO BE PROXIMATELY CAUSED BY A MANUFACTURING DEFECT DESIGN DEFECT NEGLIGENT FAILURE TO WARN NEGLIGENT INSTALLATION OR NEGLIGENT SERVIC
9. Program as a training tool for new employees to get Hands On training and use while in the classroom setting These radios would be purchased from Dailey Wells who is the authorized dealer for Harris radios Harris radios are the sole source to operate on EDACS and P25 system The total cost will be 44 089 20 of which 39 000 00 is budgeted in this fiscal year s Capital Budget for the Radio Department The remaining 5 000 00 expense will be absorbed within the Capital Budgeted item for Station Radios Yes No N A X DJ L Budgeted item Within budget Renewal contract LJ LI LJ LOB Be D Special request is 8105 North Beltline Road Suite170 Irving Texas 75063 Tele 972 550 2302 Fax 972 550 2364 October 24 2014 Randy Johnson Montgomery County Hospital District 1400 South Loop 336 West Conroe Texas 77304 Dear Mr Johnson The Montgomery County Hospital District has purchased and installed an Enhanced Digital Access Communications Systems EDACS manufactured by M A COM Inc now known as Harris Corporation This system provides the critical Public Safety and Public Service communications for the hospital district as well as the city of Conroe and many other agencies throughout the surrounding area At this time EDACS P25 equipment for this system falls under Harris Corporation intellectual property rights and the proprietary protocols represent a patent copyright or secret process and are therefore
10. SYSTEM AT THE TIME OF SERVICE 4 7 Exclusions GE Healthcare shail not have any obligation to Customer hereunder if a warranty claim results from or arises out of a Vscan system that has fi been immersed in any liquid ii been lost or stolen lii had the seria number oltered defaced or removed without the written permission of GE Healthcare or liv had damage caused by normal wear and tear or otherwise due to normal aging of the Product if upon arrival of the Vscan system at the GE Healthcare Service Depot GE Healthcare determines that the damage to the Vscan system wos the result of any of the above GE Healthcare will deciine the warranty service request and contact the Customer regarding charges for servicing such system in coses where GE Healthcare has sent the Customer a Replacement System in advance the purchase order or credit card provided by Customer will be billed for the lesser of c any required corrective service work to bring the returned Vscan system back to original Product specifications or tb the cost of the Replacement System 4 8 Network Unless Customer has elected to purchase network preparation and certification services from GE Healthcare as set forth in the Quotation Customer is solely responsible for ensuring that Customer s network is odequate for the proper operation and performance of the Vscon system s and otherwise meets GE Healthcare s written network configuration requirements This responsibility includes pr
11. Used Products may have received reconditioning as necessary to meet GE Healthcare performance specifications Since Used Products may be offered simultaneously to several customers their sale to Customer is subject to their ovoilobility If the Used Products are no longer available i GE Heaithcare will attempt to identify other Used Products in its inventory that meet Customer s needs and ii if substitute Used Products are not acceptable to Customer GE Healthcare will cancel the order and refund any deposit Customer has paid for such Used Products 1 2 Site Preporation If applicable Customer will be responsible at its sole expense for evaluating and preparing the site where the Products will be installed in accordance with GE Healthcare s site preparotion requirements and applicable laws Customer must provide GE Healthcare with prompt written notice if Customer is unable to prepare the site before the mutually agreed installation dote Upon receipt of such notice GE Healthcare will reschedule the installation to a mutually agreed date Customer shall be liable for any costs or expenses GE Healthcare or its representatives incur resulting from Customer s failure to provide GE Healthcare with timely notice of Customer s failure to properly prepare the site GE Healthcare may in its discretion delay delivery or installation if GE Healthcare determines that the site has not been properly prepared or there are any other impediments to installation
12. Waiver providers processed by Boon Chapman Mr Fawn offered a second and motion passed unanimously Consider and act on ratification of voluntary contributions to the Medicaid 1115 Waiver program of Healthcare Assistance Program claims processed by Boon Chapman Mrs Wagner Chair Indigent Care Committee Mrs Wagner made a motion to consider and act on ratification of voluntary contributions to the Medicaid 1115 Waiver program of Healthcare Assistance Program claims processed by Boon Chapman Mr Bagley offered a second and motion passed unanimously Presentation of preliminary Financial Report for seven months ended April 30 2015 Brett Allen CFO report to include Financial Summary Financial Statements Supplemental EMS Billing Information and Supplemental Schedules Mr Brett Allen presented a report to the board Consider and act on ratification of payment of District invoices Mr Posey Treasurer MCHD Board Mr Grice made a motion to consider and act on ratification of payment of District invoices Ms Whatley offered a second and motion passed unanimously Consider and act on salvage and surplus Mr Grice Treasurer MCHD Board attached Mr Grice made a motion to consider and act on salvage and surplus Ms Whatley offered a second and motion passed unanimously Secretary s Report April 28 2015 Regular BOD Meeting Mrs Wagner Secretary MCHD Board Mrs Wagner made a motion to consider and act o
13. an additional charge GE Healthcare may provide la field support service b preventative maintenance and or Ic coverage for system damage due to accidental dropping or mishandling with a maximum of two 2 replacement systems during the term of the warranty Vscan LOGIQ e BT12 and later versions and Venue 40 and 50 version BT12 and later versions Supplemental warrenty terms and conditions specific to Vscan systems LOGIQ e BT12 and later version systems and Venue 40 and 50 version BT12 and later version systems shall be as set forth in the Additional Terms and Conditions and Warranties for Ultrasound amp Vscan Products attached to the Quotation Ultrasound Partial System Equipment Upgrades Ninety 20 days Warranty applies only to the upgraded components Customer will not be credited the value of this warranty against pre existing worranties or service agreements Bone Mineral Densitometry Partial System Equipment Upgrades Thirty 30 days Warranty applies only to the upgraded computer printer and monitor components Customer will not be credited the volue of this warranty against pre existing warranties or service agreements CARESCAPE Monitors 8450 B650 and 8850 and Dash Three 3 years ports and one 1 year labor coverage excluding displays B40 Monitors Two 2 yeors of parts only coverage excluding displays and one 1 year labor with i repair services performed at GE Healthcare service facilities or ii onsite repair if deem
14. as specified on the proposal Acknowledgement of Amendments Any changes addilions or clarifications to bid requests are made by amendments addenda The addends are sent to all bidders on our vendor register and must be acknowledged upon receipt This is done by signing the addendum and returning it with the completed Request for Bid for when the sealed bid is submitted 1 Partial Awards Unless the bid document specifies otherwise Montgomery County Hospital District may award a contract for any item or group of items shown on the bid request Reservations MCHD expressly reserves the right to Waive as an informality minor deviations from specification and amend bid specifications through written agenda Waive any defect irregularity of informality in any offer of solicitation procedures Reject any all or portions of a bid i Reissue a bid request Extend the bid opening time and date Procure any items by other means Increase or decrease the quantity specified in the bid invitation unless the bid specified otherwise Consider and accept an alternate offer when it is in th best interests of MCHD To seck and obtain its own financing arrangements with one or more financing entities of MCHD choice Extend the contracted price to future purchases over the next one 1 year s Percentage increases may be specified by bidder or negotiated at a later date 1 i Payment Inquiries Please insure that you obtain as much i
15. between the Parties ib Other Information Customer agrees that GE Healthcare moy also create receive maintain transmit and otherwise have access to machine technical system usage ond related information that is not PHI including but not limited to information about Customer s Product Service system and software that is gathered periodically to facilitate the provision of Product support consulting training and other services to Customer if ony and to verify compliance with the terms of this Agreement GE Healthcare or its agents moy use such information to provide develop or improve GE Healthcare s products or services 2 9 Compliance with Customer Policies GE Healthcare will use commercially reasonable efforts to respect Customer policies to the extent that such policies apply to GE Healthcare under this Agreement and do not materially contradict GE Healthcare policies provided that Customer furnishes to GE Healthcare a complete copy of said policies prior to GE Healthcare s commencement of performance under this Agreement Under no circumstances however wil GE Healthcare s failure or the failure of GE Healthcare s employees or contractors to respect Customer policies constitute a material breach by GE Healthcare under this Agreement unless such failure is willful and materially and adversely affects GE Healthcore s ability to perform its obligations under this Agreement 2 10 Insurance GE Healthcare shall maintain insuranc
16. copy distribute modify translate or adapt the Software and may not disassemble or reverse compile the Software or seek in any manner to discover disclose or use any proprietary algorithms techniques or other confidential information contained therein c All rights in the Software remain the product of ZOLL Medical Corporation and Customer shall have no right or interest therein except as expressly provided herein d Customer s right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this quotation e Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer f ZOLL Medical Corporation warrants that the read only memory or other media on which the Software is recorded will be free from defects in materials and workmanship for the period and on terms set forth in section 6 g Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software will be uninterrupted or error free or that the Software will meet Customer s requirements Except as set forth in section 7 f ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO
17. defined below are made available os a part of the SMA at no additional cost within a reasonabie time after GE Healthcare has made each Update generally commercially available Such Updates will be deemed part of the ViewPoint Software ond will be supported in accordance with this SMA GE Healthcare will not be responsible for providing any additionol equipment or any upgrade to any equipment thot may be required in connection with ony Updates It is GE Heolthcare s sole discretion as to whether and when to provide program Updates This SMA is only valid for the current version of ViewPoint Software and any Updates thereto and installations of such ViewPoint Software that conform to operational specifications defined by GE Healthcare These specifications include but are not limited to approved operating system platforms workstation hardware image acquisition hardwere third party drivers ond network configurations In addition Customer understands and agrees that system downtime may be necessary for repairs and Updates and not all problems can be resolved despite GE Healthcare s commercially reasonable efforts No support is offered for GE Heaithcare s previous versions of ViewPoint Software 3 2 Definitions 3 221 Error means any ViewPoint Software related problem that a materially and adversely interferes with Customer s use of the ViewPoint Software and b results from a failure of the ViewPoint Software to conform in any material
18. f aoncing company qmoture Ten you may NOT dect to spek financing with GE Heolthcare Finencdet By signing below each party certifies that it has not made any handwritten modifications Manual changes or mark ups on this Agreement except signatures in the signature blocks ond an indication in the form of payment section below will be void Each party has caused this ment to be executed by its duly authorized representative as of the date set forth below GE HEALTHCARE LEMS Laci Humphrey 04 29 2015 Kitherized 2ostoprer Signature Dote gy 77 7 mee Signature Date ZZ Veblen LEO Print Neme Print Title Sales Specialist POC Ultrasound Clinics amp Distribution _ 3583 mt Emai lacihumphrey ge com 1 713 829 185 Purchase Order Number if applicable l Office GE Mee theere Cen Date 04 29 2015 Quote PR2 CA46170 Version 4 GE Healthcare Total Quote Selling Price 36 526 40 Trade In and Other Credits 0 00 Total Quote Net Selling Price 36 526 40 To Accept this Quotation Payment instructions Please sign and return this Quotation together with your Purchase Order To Laci Humphrey Please Remit Payment for invoices associated with this quotation to Office 1 713 829 1857 GE Medical Systems Email laci jhumphrey ge com Ultrasound Primary Care Diagnostics LLC 75 Remittance Drive Suite 1080 Chicago IL 60675 1080 To Accept This Quotation Please sign the quote and
19. if Customer fails to remain at all times during the Support Term within at least two 2 Updates of the ViewPoint Software in the version licensed by the Customer on the effective date of this SMA 5 3 Customer Responsibilities Customer agrees to o generally cooperate with GE Healthcare personnel providing Support Services hereunder including by providing in a timely manner to GE Healthcare any technical information and or deta related to the implementation of the ViewPoint Software and any other information as requested by GE Healthcare during the course of the Support Services b designate a person who shall work with GE Healthcare personnel on providing services under this SMA and who is authorized to make decisions and act on behalf of Customer ic comply with GE Healthcare s procedures for reporting Support Services related issues dl assume sole responsibility for day to day operation of the ViewPoint Software le assume sole responsibility for back up and disaster recovery pians ond procedures and le assume sole GE Heolthcore Additional Terms and Conditions Page 2 of 3 ViewPoint Software Maintenance Rev 08 14 GE Heolthcare Confidential amp Proprietary responsibility for system dato and network security This includes but is not limited to operating system security updates anti virus software firewall software and intrusion detection softwore 5 4 Ownership Rights Reservotion of Rights Customer acknowledges that any
20. ii the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation or iii any misuse or abuse of the Equipment iv exposure of the Equipment to conditions beyond the environmental power or operating constraints specified by ZOLL Medical Corporation or v installation or wiring of the Equipment other than in accordance with ZOLL Medical Corporation s instructions c Warranty does not cover items subject to normal wear and bumout during use including but not limited to lamps fuses batteries cables and accessories d The foregoing warranty does not apply to software included as part of the Equipment including software embodied in read only memory known as firmware e The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN ORAL IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 7 SOFTWARE LICENSE a All software the Software which term shall include firmware included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth b Customer may not
21. lines are dispatch processing times and chute times 2013 was not a good year for all response times everywhere not just the Woodlands which I believe has a lot to do with the implementation of new CAD software both delays in dispatch and in the field attribute our success in 2014 and 2015 in that we have been focusing on improving dispatch times and chute times in the field We are also much more comfortable with the software both in ALARM and in the field Drive Time Total Response Time X ayo wy ZZ Montgomery County MCHD Hospital District Pagelofl Policy Number CAAS Reference Number HR 25 104 p M POLICY Former employees must re apply to be rehired They will be evaluated on the same basis as other applicants However consideration will be given to past job performance and the circumstances surrounding termination of previous employment Full time employees that elect to convert to a part time status and later wish to convert back to full time status must submit a request in writing Such requests are contingent on position availability and qualifications Such conversion is not automatic and may be denied at the discretion of MCHD No former employee classified as not eligible for rehire will be considered without Executive Staff review and approval Employees rehired within 365 consecutive days after separation will have their service bridged This means that the employee will retain the ori
22. no technical labor with supplier phone support 24 7 and warranty service to repair adjust or replace ot the manufacturer s or decler s option non conforming products or parts excluding installation time and material Note The UPS battery for Service Warranty Code G has a 9 year pro rated warranty to cover non conforming material Start up and commissioning for Service Warranty Code O applies only to 10 KVA and above The UPS battery for Service Warranty Codes O and Q has a i yeor warranty to replace the product For detailed warranty information please refer to the Product Manufacturer s warranty certificate Warranty service for Service Warranty Codes G and O is provided On site For detailed warranty information please refer to the Product Manufacturer s warranty certificate n Warranty Codes for Accessories and Supplies Rev 08 14 Page 1 of 2 GE Healthcare Confidential amp Proprietary H K LandM GE Healthcare directly provides the following Exchange cf non conforming products which Customer returns to GE Healthcare during the warranty period Note Installation parts applications training and on site service is the Customer s responsibility N RandS GE Healthcare refers to the Product Manufacturer warranty which provides the following installation Preventative Maintenance and parts and labor Note Post warranty service at manufacturer s prevailing HBS rates and in some cases under GE Healthcare service contracts The
23. onu included attachments where requested if requested please indicate your form of payment If you include the purchase order please make sure it references the following information The correct Quote number and version number above The correct Remit To information as indicated in Payment Instructions above The correct SHIP TO site name and address The correct BILL TO site name and oddress The correct Total Quote Net Selling Price as indicated obove 2 4 GE Healthcare Confidentia amp Proprietary Dote 04 29 2015 Quote PR2 C46170 Version GE Heolthcore Item QTY CATALOG DESCRIPTION List Price Ext Sell Price No 1 Vscan with Dual Probe 1 4 H45571SR Carrying case 65 00 166 40 Carrying case with shoulder strap and belt clip 2 4 H45561BS Battery 160 00 409 60 Secondary of replacement battery for Vscan 3 4 H45561BW AC Adapter 120 00 307 20 Secondary or replacement universal power supply with 100 240 V 50 60 Hz and global plugs which can be connected with docking station as well as with separate battery charger 4 4 H45561BX Battery Charger 95 00 243 20 Adapter unit to charge Vscan battery taken out from Vscan device Universal power supply is not included 5 4 H45571VA Vscan with Dual Probe quantity 4 9 8 850 00 35 400 00 Vscan with Dual Probe is general purpose diagnostic ultrasound imaging system for use by qualified and trained health care professionals ena
24. or while functioning as a patient care provider Mr Bagley offered a second and motion passed unanimously EMS Director Report to include updates on EMS staffing performance measures staff activities patient concerns transport destinations and fleet Mr Kevin Nutt Assistant EMS Director of Operations and Mr Jordan Anderson Assistant EMS Manager of Clinical presented a report Consider and act on the Toughbook RFP Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to accept the RFP bid from CDWG for 14 Panasonic Rugged Toughbook computers Model CF 19 for 52 920 00 Ms Whatley offered a second and motion passed unanimously 13 Consider and act on sole source letter for purchase of one 1 Zoll X Series Units Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to accept Zoll Medical Corporation as the sole source vendor of X Series Defibrillators Ms Whatley offered a second and motion passed unanimously 14 Consider and act on the purchase of one 1 Zoll X Series Units Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to authorize the purchase of one 1 Zoll X Series Defibrillator for 31 581 55 per the specifications listed in the boardbook Ms Whatley offered a second Mr Fawn made a motion to amend his original motion to the amount of 32 898 25 Ms Whatley offered a second and motion passed unanimously 15 Consider and act on sole source letter
25. provided that GE Healthcare gives Customer written notice of such delay stating the reasons therefor if GE Healthcare provides site evaluation services such services are intended only to assist Customer in fulfilling Customer s responsibility to ensure that the site complies with GE Healthcare s applicable site preparation requirements 13 Transportation Title and Risk of Loss Delivery Returns 1 3 1 Tronspertotion Title and Risk of Loss Unless otherwise indicated in the Quotation shipping terms are FOB Destination Title and risk of loss to equipment posses to Customer upon delivery to Customer s designated delivery location Software is licensed to Customer no title to or other ownership interest in such softwore passes to Customer 1 32 Delivery When feasible GE Healthcare reserves the right to make delivery in installments All such installments sholi be separately invoiced and paid for when due without regard to subsequent deliveries At the time of such delivery Customer will pay GE Healthcare for any amounts due upon delivery As a matter of convenience GE Healthcare may invoice multiple installment deliveries on a consolidated basis however this does not release Customer from the obligation to pay for each installment delivery provided by GE Healthcare Delivery dates are approximate For GE Healthcare software or documentation delivery means the first to occur of i communication to Customer through electronic means that allow
26. purchased with Products ii the start date for Services for training purchased with Services or fili the dote Customer purchases training if such training is not purchased with Products and or Services If training is not completed within the applicable time period due to no fault of GE Healthcare GE Healthcare s obligation to provide the training will expire without refund 2 7 Medical Diaanosis and Treatment Ali clinical and medical treatment and or diagnostic decisions are the sole responsibility of Customer and Customer Personnel Customer agrees thot GE Healthcare is in no way responsible for the clinical and medical treatment and or diagnestic decisions made by Customer and Customer Personnel GE Healthcare General Terms and Conditions Rev 08 14 Page 2 of 4 GE Healthcare Confidential amp Proprietary 2 8 Use of Data a Protected Health Information To the extent GE Healthcare creates receives maintains transmits or otherwise has access to any PHI in the course of performing under this Agreement GE Heo thcare shall only use and disclose such PHI as permitted by the administrative simplificotion section of the Health Insurance Portability and Accountability Act of 1996 Pub Law 104 191 August 21 1996 its implementing regulations and the Health Information Technology for Economic and Clinical Health HITECH Act and its implementing regulations collectively HIPAA and the applicable Business Associate Agreement
27. respect to the specifications for such software 3 2 2 Error Correction means lo any modification of the ViewPoint Software that corrects an Error by bringing the ViewPoint Software into material conformity with the specifications for such software or b a procedure or routine that when observed in the regular operation of the ViewPoint Software avoids the material adverse effect of the applicable nonconformity 3 2 3 Update means a change in the softwore that provides Error Corrections and or enhances the functionality of the ViewPoint Software in the version licensed by the Customer on the Service Start Date of this SMA An Updote does not involve major changes or provide significant new functional capabilities or applications or changes to the software architecture or file structure Updates may be identified by a number to the right of the first or second decimal point such as x 1 or x y 1 Updates provided by this SMA do not include any ViewPoint Software module or function thot was not licensed cs of the Service Start Date of this SMA New optional functionality must be purchased separately 3 3 Hotline Support GE Healthcare will provide telephone and email support to Customer s system administrator and other Customer personnel that hove been trained by GE Healthcare to use the ViewPoint Software for problem solving error resolution ond general heip Such support is available from Monday Friday from 8 00 am until 8 00 pm Easter
28. service bureau time share or subscription services based on the software iv remove obscure or modify ony markings labels or any notice of the proprietary rights including copyright patent and trodemark notices of GE Healthcare or its licensors v electronically transfer the software outside Customer s intranet or network dedicated for the softwore unless otherwise authorized in writing by GE Healthcare or vi publicly release the results of any testing or benchmarking of the software without the prior written consent of GE Healthcare Customer may transfer authorized copies of the software and Documentation to a party that purchases or otherwise acquires the equipment and accepts any applicable license terms except for software and Documentation that are a not a port of the base system stondard operating softwore or Documentation for the equipment ond b generally provided by GE Healthcare to its customers for a separate fee or charge Advanced service software is subject to a separate fee and eligibility criteria and licensed under a separate agreement with GE Healthcare 2 3 Backups Customer may make a reasonable number of copies of the software in machine readable form solely for backup training testing or archival purposes so long as applicable license fees are paid Customer shall reproduce on any such copy the copyright notice and any other proprietary legends thot were on the original copy GE Healthcare and its licensors as applica
29. with Dual Probe scanner docking station including global AC adapter with interchangeable plugs USA and Chino EU UK Australia and USB coble Vscan gateway software one rechargeable battery 4 GB Micro SD memory card soft case and access to Vscan web portal with entitlement to full online references in some countries gel 60 g bottle may also be included in the standard configuration Trademark of General Electric Company Configuration List Price 37 160 00 Quote Summary Total List Price 37 160 00 Total Extended Selling Price 36 526 40 Total Quote Net Selling Price 36 526 40 Quoted prices do not reflect state and local taxes if applicable ala GE Healthcare Confidential amp Proprietary General Terms and Conditions GE Healthcare These GE Healthcare General Terms and Conditions supplement and incorporate by reference the GE Healthcare Quotation thot identifies the Product and or Service offering purchased or licensed by Customer and the following documents as applicable if attached to or referenced in the Quotation the GE Healthcare i Warrantyfies fii Additional Terms and Conditions or Staternent of Service Deliverables ond Product Schedule and fiii Product or Service Terms and Conditions collectively referred to as the Agreement References herein to Products and Services mean the Products including equipment and software and Services identified on the opplicable GE Healt
30. 173 25 Connects to Single Use Sensors 4 ft 8000 000371 SpO2 SpCO SpMet Rainbow DCI Adult Reusable 495 00 381 15 381 15 Sensor with connector 3 ft 8000 0580 01 Six hour rechargeable Smart battery 495 00 381 15 762 30 Reflects Discount Pricing This quote is made subject to ZOLL s standard commercial terms and conditions ZOLL T s C s which TOTAL 32 898 25 3 accompany this quote Any purchase order P O issued in response to this quotation will be deemed to incorporate ZOLL T s C s Any modification of the ZOLL T s C s must be set forth or referenced in the customer s P O No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer s P O unless set forth in or referenced by either document DELIVERY WILL BE MADE 7 10 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER Steven Bagwell PRICES QUOTED ARE VALID FOR 60 DAYS EMS Territory Manager APPLICABLE TAX WILL BE ADDED AT THE TIME OF INVOICING 800 242 9150 x9295 ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978 421 0015 OR EMAIL TO ESALES ZOLL COM ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS 7 PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www zollwebstore com a L OQ N o Page2 ZOLL QUOTATION GENERAL TERMS amp CONDITIONS 1 ACCEPTANCE This
31. 6 Exceptions to GE Healthcare Standard Warranties Described Above Partial System Equipment Upgrades for CT MR X Ray PET Scanners Cyclotrons and Chemistry Labs and Nuclear systems Six 6 months worranty opplies only to the upgraded components Cyclotron and Radiopharmacy Unless expressly provided otherwise in the applicable GE Healthcare Quotation the Warranty Commencement Date for Cyclotron and or Radiopharmacy Products begins on the earlier of i three 3 months ofter the date on which GE Healthcare has completed the mechanical installation or ii the date on which final testing of the Product has been successfully completed GE Heolthcare s sole liability and Customer s exclusive remedy for a breach of warranty is limited to repair replacement or refund at GE Healthcare s sole option Any such repcirs or replacement will not extend the warranty period X Ray High Voltage Rectifiers and TV Camera Pick Up Tubes Six 6 months X Ray Portable Wireless amp Tethered Digital Detectors Warranty does not cover damage caused by any use that does not conform to OEM guidelines fire power failures or surges or abuse which is defined as use that causes fluid invasion holes deep scraiches or the detector cose to crack FlashPad Wireless Detector in addition to the standard warranty GE Healthcare will also provide coverage for detector damage due to accidental dropping or mishandling e g spills In the event such accidental damage occ
32. 95 CPR Dashboard quantitive depth and rate in real time release indicator interruption timer perfusion performance indicator PPI See Thru CPR artifact filtering ZOLL Noninvasive Pacing Technology 2 550 Masimo Pulse Oximetry 601 2231411 01 This quote is made subject to ZOLL s standard commercial terms and conditions ZOLL T s C s which accompany this quote Any purchase order P O issued in response to this quotation will be deemed to incorporate ZOLL T s C s Any modification of the ZOLL T s C s must be set forth or referenced in the customer s P O No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer s P O unless set forth in or referenced by either document 1 DELIVERY WILL BE MADE 7 10 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER 2 PRICES QUOTED ARE VALID FOR 60 DAYS 3 APPLICABLE TAX WILL BE ADDED AT THE TIME OF INVOICING 4 ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL 5 FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978 421 0015 OR EMAIL TO ESALES ZOLL COM 6 ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS 7 PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www zollwebstore com Page 1 UNIT PRICE DISC PRICE TOTAL PRICE 1 41 015 00 31 581 55 31 581 55 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford Massachus
33. ALTHCARE S EXPENSE THE RIGHT TO CONTINUE TO USE THE INFRINGING PRODUCT OR lV IF THE FOREGOING ARE NOT COMMERCIALLY REASONABLE REFUND TO CUSTOMER THE PURCHASE PRICE AS DEPRECIATED BASED ON FIVE 5 YEAR STRAIGHT LINE DEPRECIATION FOR THE INFRINGING PRODUCT ANY SUCH CLAIMS ARISING FROM CUSTOMER S USE OF SUCH INFRINGING PRODUCT AFTER GE HEALTHCARE HAS NOTIFIED CUSTOMER TO DISCONTINUE USE OF SUCH INFRINGING PRODUCT AND OFFERED ONE OF THE REMEDIES SET FORTH IN CLAUSES lI THROUGH IV ABOVE ARE THE SOLE RESPONSIBILITY OF CUSTOMER THIS SECTION REPRESENTS CUSTOMER S SOLE AND EXCLUSIVE REMEDY AND GE HEALTHCARE S SOLE AND EXCLUSIVE LIABILITY REGARDING ANY INFRINGEMENT CLAIM ASSOCIATED WITH SUCH INFRINGING PRODUCT THE ABOVE INDEMNIFICATION OBLIGATION IS CONDITIONAL UPON CUSTOMER PROVIDING GE HEALTHCARE PROMPT WRITTEN NOTICE OF THE INFRINGEMENT CLAIM AFTER RECEIVING NOTICE OF SUCH CLAIM ALLOWING GE HEALTHCARE TO CONTROL THE DEFENSE OF SUCH CLAIM AND REASONABLY COOPERATING WITH GE HEALTHCARE IN SUCH DEFENSE GE HEALTHCARE S RIGHT TO CONTROL THE DEFENSE AND DISPOSITION OF THE INFRINGEMENT CLAIM SHALL INCLUDE THE RIGHT TO SELECT COUNSEL TO REPRESENT CUSTOMER AT GE HEALTHCARE S EXPENSE PROVIDED HOWEVER THAT CUSTOMER MAY RETAIN ADDITIONAL COUNSEL AT CUSTOMER S EXPENSE ANY EXPENSES INCLUDING LEGAL FEES AND COSTS INCURRED BY CUSTOMER PRIOR TO TENDERING CONTROL OF THE DEFENSE TO GE HEALTHCARE SHALL NOT BE REIMBURSABLE BY GE HEALTHCARE NOTWITHSTANDING ANY OTHER
34. ATE AGENCIES CUSTOMER SHALL NOT USE OR PERMIT THE PRODUCTS TO BE USED IN ANY MANNER THAT DOES NOT COMPLY WITH APPLICABLE FDA OR OTHER REGULATIONS OR FOR ANY NON MEDICAL ENTERTAINMENT OR AMUSEMENT PURPOSES Customer shall not use or permit the Product to be used or operated by any person who does not heve sufficient knowledge to competently perform the required tosk and who is not fully trained on the operation of the Product Customer is solely responsible for ensuring that Customer ond its employees licensed and unlicensed healthcare stoff representatives agents and or contractors who operote maintain and or hove access to the Products and or Services excluding GE Healthcare employees representatives agents and or contractors Customer Personnel ore properly trained and fully competent on the operotion of the Product Further Customer represents thot it is purchasing the Products for its own use consistent with the terms of this Agreement and thot it does not intend to re sell the Products to any other party or to export the Products outside the country to which GE Healthcare delivers the Products 2 2 Cost Reporting Customer represents and warrants thot it sholi comply with ol the applicable requirements of the Discount Statutory Exception 42 U S C 13200 7b bH3 A and the Discount Sofe Harbor 42 C F R 8 1001 952 hl with respect to any discounts Customer may receive under this Agreement and b the Warranties Safe Harbor 42 C F R 8 1001
35. After Warranty Commencement 60 x 10096 For the purpose of Pro Rota Credit Allowance a fraction of a month less than fifteen 15 days will be disregarded and a fraction of a month equal to or greater than fifteen 15 days will be regarded as a full month Giraffe Shuttle Batteries Ninety 90 days Care Plus Incubator Three 3 years parts one 1 year labor Ohio infant Warmer Systems Panda iRes Warmers Giraffe Warmer and Giraffe OmniBed Seven 7 year parts werranty on heater col rod BiliBlanket Plus High Output Phototherapy System Two 2 years on Light Box and eighteen 18 months on Fiberoptic Pad Microenvironment and Phototherapy expendable components this includes but is not limited to patient probes probe covers and light bulbs Thirty 30 days Corometrics Fetal Monitoring Systems Warranty includes li Warranty Commencement at the earlier of a if GE Healthcare or Customer installs the Warranted Product five 5 days after completion of installation of the Warranted Product or tb forty 40 days after shipment of the Warranted Product ii two 2 years parts one 1 year labor ond iii repair services at GE Healthcare service facilities during labor warranty period or onsite repair if deemed necessary by GE Healthcare Waranty Statement United States Rev 08 14 Page 3 of 4 GE Healthcare Confidential amp Proprietary Corometrics Nautilus Transducers Two f2 years of parts and labor Oximeter
36. Customer s exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read only memory or other media so that it correctly reproduces the Software This License applies only to ZOLL Medical Corporation Software 8 DELAYS IN DELIVERY ZOLL Medica Corporation shall not be liable for any delay in the delivery of any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical Corporation including but not limited to acts of God fires epidemics floods riots wars sabotage labor disputes governmental actions inability to obtain materials components manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation In addition ZOLL Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to provide any necessary information in a timely manner In the event of any such delay the date of shipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the Contract be breached by any delivery by ZOLL Medical Corporation within a reasonable time aft
37. E WITH RESPECT TO PRODUCTS DESIGNED AND MANUFACTURED BY GE HEALTHCARE AND SUPPLIED TO CUSTOMER UNDER THIS AGREEMENT GE HEALTHCARE SHALL HAVE NO OBLIGATION TO RELEASE INDEMNIFY AND HOLD CUSTOMER HARMLESS FOR ANY DAMAGES CAUSED BY I CUSTOMER S FAULT OR ANY LEGAL EXPENSES INCURRED BY CUSTOMER IN DEFENDING ITSELF AGAINST SUITS SEEKING DAMAGES CAUSED BY CUSTOMER S FAULT AND OR lil ANY MODIFICATION CHANGES ANO OR ALTERATIONS TO THE GE HEALTHCARE PRODUCT BY CUSTOMER OR A THIRD PARTY NOT AUTHORIZED OR APPROVED IN WRITING BY GE HEALTHCARE CUSTOMER AGREES TO RELEASE INDEMNIFY AND HOLD GE HEALTHCARE HARMLESS FROM ANY THIRD PARTY DAMAGES THAT GE HEALTHCARE BECOMES LEGALLY OBLIGATED TO PAY RELATED TO BODILY INJURY OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY TO THE EXTENT THAT SUCH DAMAGES ARE DETERMINED TO BE PROXIMATELY CAUSED BY CUSTOMER S AND OR CUSTOMER PERSONNEL i MEDICAL DIAGNOSIS OR TREATMENT DECISIONS lI MISUSE OR NEGLIGENT USE OF THE PRODUCT AND OR Ili USE OF THE PRODUCT IN A MANNER OR ENVIRONMENT OR FOR ANY PURPOSE FOR WHICH GE HEALTHCARE DID NOT DESIGN IT OR IN VIOLATION OF GE HEALTHCARE RECOMMENDATIONS OR INSTRUCTIONS ON USE THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS SECTION 3 5 ARE CONDITIONAL UPON THE INDEMNIFIED PARTY PROVIDING THE INDEMNIFYING PARTY PROMPT WRITTEN NOTICE OF THE THIRD PARTY CLAIM AFTER RECEIPT OF NOTICE OF SUCH CLAIM ALLOWING THE INDEMNIFYING PARTY TO CONTROL THE DEFENSE AND DISPOSITION OF SUCH CLAI
38. M AND REASONABLY COOPERATING WITH THE INDEMNIFYING PARTY IN THE DEFENSE THE INDEMNIFYING PARTY SHALL NOT BE RESPONSIBLE FOR ANY COMPROMISE MADE BY THE INDEMNIFIED PARTY OR ITS AGENTS WITHOUT THE INDEMNIFYING PARTY S CONSENT 4 Payment and Finance 4 1 Generally The payment and billing terms for the Productis and or Servicels are stated in the Quotation 4 2 Late Payment Failure to make timely payment is g material breach of this Agreement for which in addition to other available remedies GE Healthcare may suspend performance under the GE Healthcare agreement at issue or suspend the provision of support and maintenance or licenses for the Productis licensed or sold under that agreement until oll past due amounts ore brought current If GE Healthcare so suspends GE Healthcare will not be responsible for the completion of planned maintenance due to be performed during the suspension period and any product downtime will not be included in the calculation of any uptime commitment Interest shall accrue on post due amounts at a rate equal to the lesser of one and one holf percent 1 596 per month or the maximum rate permitted by applicabie low Customer will reimburse GE Healthcare for reasonable costs including attorneys fees relating to collection of past due amounts Any credits and or unopplied cash that may be due to Customer under an agreement may be applied first to any outstanding balance If Customer has a good faith dispute regarding p
39. NT SYSTEM INTEGRATION AND DATA ACCURACY WILL APPLY Customer must i use the Specialty Componentis in accordance with GE Healthcare service instructions and recommendations for the Specialty Component s and the system on which it is installed including warm up and calibration procedures ii perform preventive and corrective maintenance of the Specialty Components utilizing maintenance procedures in accordance with GE Healthcare service instructions and recommendations and using GE Healthcare replacement ports or replacements ports of equivalent quality and tili keep and make available to GE Healthcare upon request records documenting the above maintenance 5 Limitations GE Healthcare shall not have any obligation to Customer hereunder if the warranty claim results from or arises out of i the use of the Specialty Component s in combination with any hardware equipment supplies accessories or any other materials or services not furnished by GE Healthcare or recommended in writing by GE Healthcare lii the use of the Specialty Components in a manner or environment or for any purpose for which GE Healthcare did not design or monufacture it or in violation of GE Healthcare s recommendations or instructions on use or ili any alteration modification or enhancement of the Specialty Componentis by Customer or any third party not authorized or approved in writing by GE Healthcare In addition this warranty does not cover the Specialty C
40. NT OF A DISEASE OR CONDITION AND NOT FOR ANY ENTERTAINMENT RECREATIONAL OR AMUSEMENT PURPOSES GE HEALTHCARE WILL NOT DELIVER INSTALL SERVICE OR PROVIDE TRAINING ON USE OF THE PRODUCTS IF GE HEALTHCARE DISCOVERS THE PRODUCTS HAVE BEEN OR ARE INTENDED TO BE USED FOR ANY NON CLINICAL PURPOSE SUCH USE OR INTENDED USE OF THE PRODUCTS FOR NON CLINICAL PURPOSES WILL VOID ANY APPLICABLE PRODUCT WARRANTY 3 2 Promotion of Vscan Consistent With Cleared Indications for Use The FDA requires that the promotion and marketing of the Vscan system be consistent with the clinical applications and labeling for which the device has been cleared by the FDA The Vscan system is indicated for ultrasound imaging measurement and analysis of the human body in clinical applications of Fetoi OB Abdominal Pediatric Urology Cardiac adult and pediatric Peripheral Vessel and Thoracic Pleural motion and fluid detection All other uses of the Vscan system ore considered off label including but not limited to Comprehensive Peripheroi Vascular le g carotids Musculoskeletal Small Parts ie g thyroids breast scrotum and Transcranial Doppler 3 3 Vscan Training Subject to the provisions set forth in Section 2 6 of the GE Healthcare General Terms and Conditions Customer shall receive access to GE Healthcare s standard online education packagels as made available on the Vscan web portal after purchase of the Vscan system and after on line activation has occurr
41. Quotation constitutes an offer by ZOLL Medical Corporation to sell to the Customer the equipment including a license to use certain software listed in this Quotation and described in the specifications either attached to or referred to in this Quotation hereinafter referred to as Equipment Any acceptance of such offer is expressly limited to the terms of this Quotation including these General Terms and Conditions Acceptance shall be so limited to this Quotation notwithstanding i any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or ii receipt or acknowledgement by ZOLL Medical Corporation of any purchase order specification or other document issued by the Customer Any such document shall be wholly inapplicable to any sale made pursuant to this Quotation and shall not be binding in any way on ZOLL Medical Corporation Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer hereinafter referred to as the Contract the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terms and Conditions No waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding on ZOLL Medical Corporation unless such waiver change or modification i is made in writing ii expressly states that it is a waiver change or modific
42. al comply with oll applicable laws and regulations relcted to site access control 24 Environmental Health and Sofety GE Healthcare shall have no obligation to provide Products and or perform Services until Customer i provides and maintains a suitable safe and hazard free location and environment for the GE Healthcare Products and personnel performing Services in material compliance with oll applicable Federal State and local requirements as well as any written requirements provided by GE Healthcare ii performs GE Heolthcare recommended routine mointenonce and operator adjustments on the Product ond iiij ensures that any service not provided by GE Healthcare is performed and GE Healthcare Products are used in accordance with applicable user documentation Customer shall provide written informotion to GE Healthcare personnel who will be present on Customer s site about Customer s safety procedures and practices as well as a list of any hazardous materiais such as asbestos lead or mercury on or near Customer s site thot GE Healthcare personnel may come in contact with and any associated Safety Data Sheets Customer sholi be responsible for taking all necessary actions to properly abate remove and or remediate any hazardous conditions or materials including removing blood body fluids and other potentially infectious materiais GE Healthcare shall have no responsibility to abate or liability for any existing hazardous conditions at Customer
43. alled iii the date the Speciaity Componentis fciled and iv the dote the Specialty Components was removed from service Worranty service will be performed at the charge if applicable as detailed below during GE Healthcare s Standard Coverage Hours and subject to the availability of personnel Services performed outside Standard Coverage Hours will be provided at GE Healthcare s then prevailing hourly billed service rates at the time of service GE Healthcare warrants that its installation or other services will be performed by trained individuals in a professional workman like manner GE Healthcare will promptly re perform any non conforming services for no charge as long as Customer provides reasonably prompt written notice to GE Heolthcare The foregoing service remedies together with any remedy provided herein are Customer s sole and exclusive remedies and GE Healthcare s sole and exclusive liability for warranty claims These exclusive remedies shall not have failed of their essential purpose as that term is used in the Uniform Commercial Code as long as GE Healthcare remains willing to repair or replace defective Specialty Component s or re perform any non conforming services for no charge as applicable within a commercially reasonable time after being notified of Customer s warranty claim NO OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF NON INFRINGEMENT MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE QUIET ENJOYME
44. and all of the copyright trademarks trade names patents and other intellectual property rights in and created developed subsisting or used in or in connection with the ViewPoint Software and the Support Services including without limitation any Updates and Error Corrections are and shail remain the sole property of GE Healthcare whether or not Customer contributed thereto if Customer or its personnel acquire any right or interest therein by operation of law Customer hereby irrevocably assigns all such right and interest including without limitation intellectual property right therein to GE Healthcare Customer will mointain and enforce agreements and policies with its personnel sufficient to give effect to the provisions of this section 5 5 Software License For any Updates provided by GE Healthcare under this SMA the license for such Updates sholi be the softwore license provided with the applicable ViewPoint Software originclly purchased by Customer 5 6 Independent Contractor GE Healthcare and Customer are independent contractors and nothing contained in this SMA is intended nor shall be construed as creating a fiduciary relationship partnership or joint venture between the parties except as otherwise agreed in writing by the parties GE Healthcare Additional Terms and Conditions Page 3 of 3 ViewPoint Software Maintenance Rev 08 14 GE Healthcare Confidential amp Proprietary Warranty Statement United States GE Healthc
45. aphic 12 months 30 days 24 months Radiographic amp Fluoroscopic 12 months 30 days 24 months Vascular 12 months 30 days 24 months Mammographic 12 months 30 days 12 months Bone Mineral Densitometry 12 months 30 days 12 months MX150 Vascular 36 months 12 months N A Performix 160A MX160 36 months 12 months N A Infinia Hawkeye 12 months 30 days 12 months Varranty Statement GE Brand Specialty Componentts Page 2 of 3 Detectors Probes X Ray Tubes and Image intensifier Tubes United States Rev 08 14 GE Healthcare Confidential amp Proprietary New System Specialty Componentis Replacement Specialty Componentts PRO RATA WARRANTY PERIOD Ic FULL WARRANTY PERIOO bj TUBE TYPE OR SYSTEM DESCRIPTION a FULL WARRANTY PERIOD b IMAGE INTENSIFIER TUBES image Intensifier Tubes 112 months CLTUBES CT e CT e Dual ProSpeed Sytec 6000 8000 Solarix on LX 1 FX I DX Solarix 350 on BrightSpeed Select 4 8 or 16 Lite Performix Solarix 630 on HiSpeed 2X I NX I Pro Performix ADV on HiSpeed CT I LightSpeed QX i Performix Ultra on LightSpeed 16 LightSpeed Ultra LightSpeed Plus LightSpeed QX I HiSpeed QX I BrightSpeed 16 Elite BrightSpeed 8 Edge BrightSpeed 4 Excel Discovery LS Discovery ST STe Discovery RX 16 Optimo PET CT560 Optima PET CTS60 FX Discovery PET CT600 Discovery PET CT610 8 or 16 slice Discovery PET CT690 Elite Discovery PET CT710 16 s
46. are This GE Healthcare Warranty Statement United States supplements and incorporates by reference J the GE Healthcare Quotation that identifies the Product offering purchased or licensed by Customer iil the following documents as applicable if attached to or referenced in the Quotation the a Warranties and b Additional Terms and Conditions ii the GE Healthcare Product Terms and Conditions and iv the GE Heolthcare General Terms and Conditions collectively referred to as the Agreement L 2 2 23 24 2 5 Warranted Products These warranties cover the purchase and use of the following GE Healthcare products Surgical Navigation Systems Anesthesia Delivery Cardiology Respiratory Care Ultrasound GoldSeal Bone Mineral Densitometry e Phototherapy and other infant care Physiological Monitoring accessories Small Animal Imaging e Microenvironments including Giraffe C Arms Panda Core Plus and Ohio Infant Advantage Workstation and Server Warmer Systems Corometrics Fetal Monitors Magnetic Resonance Computed Tomography Mammography Positron Emission Tomography including scanners cyclotrons amp chemistry labs Nuclear X ray GE Healthcare Warranties Scope GE Healthcare warrants that its services will be performed by trained individuals in a professional workman like manner GE Healthcare will promptly re perform any non conforming services for no charge as long as Custo
47. are web browser software other software tools or utilities or network systems or components or chonges to Customer s environment or infrastructure that may be required in connection with ony Updates Customer is responsible for the cost of equipment hardware upgrades or modifications or such other chonges listed above necessary to support Updates Updates do not include any separately licensed software modules providing for additional functionality relating to an application or a feature or an interface for the ViewPoint Software that wos not included under GE Healthcare s Support Service obligations as of the Service Start Date as specified in Schedule A of the SMA e Any Support Service necessitated by a Customer s or its representative s designs specifications or instructions b Customer s failure to fulfill any of its obligations or responsibilities under this SMA c failure by anyone other than GE Healthcare to comply with GE Healthcare s written instructions or recommendations d Customer s or any third party s using or combining any component of the ViewPoint Software with any incompatible product or service including without limitation any product or service that does not properly and unambiguously exchange data with the ViewPoint Software in accordance with the applicable documentation e alteration or improper use repair or maintenance of the ViewPoint Software by Customer or others fla failure to use or install Error Corrections
48. are record computers The 3 year protection plus warranties have expired and they become costly to repair The sealed RFP was released May 4th 2015 and closed May 18th 2015 One qualified bid from CDWG MCHD budgeted 52 000 for this annual computer replacement The cost for this capital purchase is slightly over budget for 14 units ee CDWO _ 21500 21500 Order of 14 52 920 00 CDW Government LLC Response D PEOPLE WHO GETIT 4 I INVITATION FOR BID i Bid Closing Time 4 30 pm CDT Bid Closing Date May 18th 2015 Proposal for Panasonic Toughbook CF 19 1 Montgomery County Hospital District Documented as MCHD 1400 S Loop 336 W Conroe TX 77304 For further information contact Calvin Hon i 936 523 1120 INSTRUCTIONS TO BIDDERS i Bids are solicited for Panasonic Toughbook CF 19 computers for EMS general specifications attached as set forth in this Bid Proposal Completed Bid Proposals must be received in the Montgomery County Hospital District 1400 S Loop 336 W Conroe TX before the time indicated on the above closing date Bids must bei in a sealed envelope address to Montgomery County Hospital District Panasonic Toughbook CF 19 The name and address of bidders the date of the bid opening and the bid item on shall be placed on the outside of the envelope l Late bids will be retained by the Montgomery County Hospital distric
49. ation such as the confidentiality provisions included herein will continue in full force and effect after its expiration 16 Termination If either porty materially breaches this Agreement and the other party seeks to terminate this Agreement for such breach such other party shall notify the breaching party in writing setting out the breach and the breaching porty will have sixty 60 days following receipt of such notice to remedy the breach if the breaching party fails to remedy the breach during thet period the other party may terminate this Agreement by written notice to the breaching party if GE Healthcare determines in good faith at any time that there are material credit issues with this Agreement then GE Heolthcore may terminate this Agreement including warranty services hereunder immediately upon written notice to Customer For the avoidance of doubt this Agreement is not terminoble for convenience and may only be terminated in cccordance with this Agreement 17 Entire Agreement and Waiver of Reliance This Agreement constitutes the complete and final agreement of the parties relating to the Products and or Services identified in the Quotation The parties agree that they have not relied and are not relying on any oral or written promises terms conditions representations or warranties express or implied outside those expressly stated or incorporated by reference in this Agreement No ogreement or understanding ora or written i
50. ation Cart ond Tall Docking Carts Other Accessories Venue amp LOGIQ e batteries internal amp external TEE cleaning amp storage system ond printers 2 4 LOGIQ e ond Venue Warranty Returns Customer must contact the GE Healthcare service department at 1 8C0 GE CARES for instructions and to obtain a Return to Manufacturer Authorization RMA number prior to return of a LOGIQ e or Venue system to GE Healthcare for warranty replacement or repair Customer is responsible for any damage incurred during shipping from Customer facility to GE Healthcare Service Depot GE Healthcare Additional Terms and Conditions and Warrenties Page 1 of 3 Ultrasound amp Vscan Rev 08 14 GE Healthcare Confidential amp Proprietary 2 5 Logner System Return Customer must return the temporary service loaner system to GE Heolthcore within five 5 business days ofter Customer s receipt of the repaired system Failure to return the service loaner within this time frame may resuit in additional charges for the use of the service loaner while also in possession of the originally purchased system 2 6 Probes and Parts Return Within five 5 business days after Customer s receipt of the replacement probes and or partis Customer must contact the GE Healthcare service deportment at 1 800 GE CARES for instructions and to obtain a Return to Manufacturer Authorization RMA number prior to return of the defective probe s and or partis to GE Healthcare Failure to retu
51. ation of this Quotation or the Contract and iii is signed by an authorized representative of ZOLL Medical Corporation 2 DELIVERY AND RISK OF LOSS Unless otherwise stated all deliveries shall be F O B ZOLL Medical Corporatior s facility Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier 3 TERMS OF PAYMENT Unless otherwise stated in its Quotation payment by Customer is due thirty 30 days after the ship date appearing on ZOLL Medical Corporation invoice Any amounts payable hereunder which remain unpaid after the date shall be subject to a late charge equal to 1 5 per month from the due date until such amount is paid 4 CREDIT APPROVAL All shipments and deliveries shall at all times be subject to the approval of credit by ZOLL Medical Corporation ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation 5 TAXES amp FEES The pricing quoted in its Quotation do not include sales use excise or other similar taxes or any duties or customs charges or any order processing fees The Customer shall pay in addition for the prices quoted the amount of any present or future sales excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment sold hereunder except any tax based on the net incom
52. ayment for o particular Product lor subsystem thereof or Service Customer shal notify GE Healthcare in writing of such dispute within twenty 20 days of the invoice date ond shall work with GE Healthcare in good faith to promptly resolve such dispute GE Healthcare may revoke credit extended to Customer and designate Customer and all agreements with Customer to be on credit hold because of Customer s failure to pay for any Products or Services when due and in such event all subsequent shipments and Services shail be paid in full on receipt 4 3 Taxes Prices do not include sales use gross receipts excise valued added services or any similar transaction or consumption taxes Taxes Customer shall be responsible for the payment of any such Taxes to GE Healthcare unless it otherwise timely provides GE Healthcare with o valid exemption certificate or direct pay permit In the event GE Healthcare is assessed Taxes interest or penalty by any toxing authority Customer shall reimburse GE Healthcare for ony such Taxes including any interest or penalty assessed thereon Each party is responsible for any personal property or real estate toxes on property that the party owns or leases for franchise and privilege taxes on its business and for taxes based on its net income or gross receipts 5 Loaner Systems if GE Healthcare provides a loaner system Loaner to Customer pursuant to the terms of this Agreement such Loaner shall be subject t
53. battery for Service Warranty Code R has a 1 year warranty For detailed warranty information please refer to the Product Manufacturer s warranty certificate P GE Healthcare directly provides the following Replacement of non conforming components Note Installation parts applications training and on site service is the Customer s responsibility T VandX GE Healthcare directly provides the following Replacement of Product only GE Healthcare will not replace patient records and product is warranted only for image legibility Note installation parts applications training and on site service is the Customer s responsibility W GE Healthcare directly provides the following Replacement of Product only for Out of Box failure Note installation parts applications training and on site service is the Customer s responsibility YandZ GE Healthcare refers to the Product Manufacturer warranty which provides the following Basic functional troubleshooting no technical labor with supplier phone support and replacement of non conforming components Note All electrical components excluding the UPS for Service Warranty Code Z have a 1 year warranty For detailed warranty information please refer to the Product Manufacturer s warronty certificate 2Z GEHealthcore refers to the Product Manufacturer warranty which provides the following Basic functional troubleshooting no technical labor with supplier phone support and replacement of non conf
54. ble retain all ownership and intellectual property rights to the software and Documentation If Customer acquires any rights to the software or Documentation Customer hereby assigns all of those rights to GE Healthcare or its licensors as opplicable No license rights are granted whether by implied license or otherwise to Customer except as specifically provided in this section 2 4 Remedies Customer agrees that a violation of GE Healthcare s license confidentiality or intellectual property rights will cause irreparable harm to GE Healthcare for which the award of money damages alone are inadequote in the event of any breach of this provision GE Healthcare sholl be entitled to seek injunctive relief in addition to immediately terminating the license granted herein and requiring that Customer cease use of the software ond return oll copies of stand alone software in any media in addition to seeking any other legal or equitable remedies available to GE Healthcare This paragraph shail survive the termination of this Agreement 3 Paymentand Finance 3 1 Security Interest Customer grants GE Healthcare a purchase money security interest in all items of hardware or equipment listed in the Quotation until full payment is received and Customer shall perform all acts and execute all documents os may be necessary to perfect GE Healthcare s security interest 3 2 Leases tf Customer is acquiring use of Products through an equipment lease Leose wit
55. bling visualization and measurement of anatomical structures and fluid With a single probe solution The dual headed probe integrates both linear and phased array transducers that allows for a wide range of clinical applications Its pocket sized portability and simplified user interface enables integration into examination and training sessions indoors and in other environments described in the user manual The information can be used for basic focused assessments and adjunctively with other medical data for clinical diagnosis purposes during routine periodic monitoring triage assessments and procedural guidance for adults and pediatrics Vscan with Dual Probe is cleared for cardiac 3 4 GE Healthcare Confidential amp Proprietary Dote 04 29 2015 Quote PR2 C46170 Version GE Healthcore Item QTY CATALOG DESCRIPTION List Price Ext Sell Price No abdominal renal OB GYN urologu fetal evaluation of presence of fluid peripheral vascular imaging procedure guidance for arterial or venous vessels imaging Guidance for Needle Catheter Placement thoracic lung thyroid and other small organs long bone hip and knee joints and pediatrics Vscan family of products is complemented with gateway software enabling image management at customers PC a Vscan web portal including online access to product and clinical information Following components are included in standord configuration Vscan
56. board to issue a PO for delivery beginning October 2015 No funds will be expended until FY 2015 16 following delivery The PO must be delivered by 6 15 15 to have units delivered in October Yes No NA X L DL Budgeted item X L L Within budget O LI X Renewal contract O LI iX Special request CONTRACT PRICING WORKSHEET Contract Dat For MOTOR VEHICLES Only o HTO preparea 4162015 Buying Contractor Freedom CDIR Agency i Contact iWayd e Sullivan Prepared Him Middlebrooks Person H By i Phone E 847 926 1153 Phone 1972 707 9438 il j wsullivan mchd tx org Email itmiddlebrooks freedomfleetsales com ublished O Itemize bel Not Published Options are options which I Description i Description i MmiRer Ne Cener Conse Dele NC Fog Lights i 140 Premium Seats 925 ee sume t ae f Subtotal C 380 ccm Delivery Date Agenda ltem 18 MDF We Make a Difference To Board of Directors From Jared Cosper Director of EMS Date May 26 2015 Re Purchase of Twelve Radios for New Employee Orientation and Events Consider and act on the purchase of twelve 12 Harris model XG 75 P25 radios from Dailey Wells for New Employee Orientation Program training and events The Harris radios are the sole source to operate on EDACS and the P25 system The total cost will be 44 089 20 MCHD is recommending purchasing 14 handheld radios to use in the New Employee Orientation
57. currently only available from the manufacturer Harris Corporation Dailey Wells Communications is the only authorized Harris Corporation Network Solutions Provider to provide system sales service system upgrades and repairs to include mobiles portables control stations and other EDACS P25 equipment for agencies operating on this communications system This assignment was made effective September 2004 and does not have an end date If this status should change at some point in the future you will be notified by Harris Corporation in writing Orders for Harris Corporation equipment service and associated accessories should be placed through Dailey Wells Communications Thank you for your attention in this matter Harris Corporation and Dailey Wells Communications look forward to the opportunity to continue the service and sales support of EDACS P25 Systems throughout your area Sincerely FUA ray t7 H arr zy irent A Lerh Brian Beatty Manager Indirect Sales Harris Corporation Cc Jim Sawyer Director of Sales Dailey Wells Communications HARRIS RF Communications assuredcommunicat ons c dous jo Junowas wouy uolssiuuSue11 peg Saju g80S Z T sn dins sisseyd qe gt e8pog 6007 e u TLESTSO6619U DAA9QE u A I GE dous jo JuNoWway s l tu TES 96T J Jo pug snjdung OOSE wey S3pog 8007 e u 6 6 7C98009v9M9QE U A T pauredaJ aq 1ouue2 pue Zujuonouny 1 8uo ou s J AUA agenes 49ANQ OI ZJ 6ct8 OvcvS I pouiedas aq 1ou
58. d motion passed unanimously 18 Consider and act on sole source letter for purchase of radios for new employee training Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to accept Dailey Wells as the sole source vendor of Harris radios Ms Whatley offered a second and motion passed unanimously 19 Consider and act on purchase of twelve 12 radios for new employee training Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to authorize the purchase of twelve 12 Harris portable XG 75 radios for 44 089 20 per quote from Dailey Wells as listed in the boardbook Mr Bagley offered a 20 21 22 23 24 25 26 27 second and motion passed unanimously COO Report to include updates on infrastructure facilities radio system warehousing staff activities community paramedicine emergency management and purchasing Mrs Melissa Miller COO presented a report Health Care Services Report to include regulatory update outreach eligibility service utilization community education clinical services epidemiology and emergency preparedness Mrs Melissa Miller COO presented a report Consider and act on Healthcare Assistance Program claims from Non Medicaid 1115 Waiver providers processed by Boon Chapman Mrs Wagner Chair Indigent Care Committee Mrs Wagner made a motion to consider and act on Healthcare Assistance Program claims from Non Medicaid 1115
59. e coverage in accordance with its standard certificate of insurance a copy of which is available upon Customer s request 2 11 Excluded Provider GE Healthccre represents that to its knowledge neither it nor its employees performing services under this Agreement have been excluded from participation in any Federal Healthcare Program In the event an employee performing services under this Agreement is excluded GE Healthcare will replace such employee within a commercially reasonable time In the event GE Healthcare is excluded Customer may terminate this Agreement upon written notice to GE Healthcare 3 Disputes Liability and Indemnity 3 1 Waiver of Jury Trial UNLESS OTHERWISE EXPRESSLY PROHIBITED BY APPLICABLE LAW EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT 3 2 Limitotion of Liability GE HEALTHCARE S ENTIRE LIABILITY AND CUSTOMER S EXCLUSIVE REMEDY FOR ANY DIRECT DAMAGES INCURRED BY CUSTOMER FROM ANY CAUSE REGARDLESS OF THE FORM OF ACTION WHETHER IN AN ACTION IN CONTRACT TORT PRODUCT LIABILITY STATUTE EQUITY OR OTHERWISE ARISING UNDER THIS AGREEMENT OR RELATED HERETO SHALL NOT EXCEED A FOR PRODUCTS OR SERVICES OTHER THAN SERVICES UNDER AN ANNUAL SERVICE CONTRACT THE PRICE FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM OR B FOR ANNUAL SERVICE CONTRACTS THE ANNUAL CONTRACT PRICE FOR THE SERVICE THAT iS THE BASIS FOR THE CLAIM THE FOREGOING
60. e of sale such Products ore normally identified by NL or NW series numbers unless otherwise agreed in writing by GE Healthcare 14 4 Non GE Healthcare Labor If local labor conditions moke it impractical to or GE Healthcare is directed not to use GE Healthcare s employees or pre quolified contractors for the installation all work will be performed by Customers laborers or outside labor ot Customer s expense provided that GE Healthcare will at Customer s request furnish guidance for installation GE Healthcare is not responsible for the quality or adequacy of any work performed by any party other than GE Healthcare or its pre qualified contractors 1 4 5 Non GE Healthcare Installation For Products that GE Healthcare is obligated to install under the terms of this Agreement if GE Healthcare delivers the Product but fails to perform its installation obligotions then in such event Customer shall nevertheless be obligated to pay GE Healthcare an amount equal to a the Product purchase price set forth in the Quotation if the Product purchase price and the installation Services price are shown as separate line items in the Quotation or b if the Product purchase price and installation Services price are not shown as separate line items in the Quotation then the Product purchase price less the fair market value of the applicable installation Services taking into account the type of Product and level of installation required installation Service
61. e of ZOLL Medical Corporation and any order processing fees that ZOLL may apply from time to time In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing authorities 6 WARRANTY a ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty 30 days after the date of shipment from ZOLL Medical Corporation s facility the Equipment other than accessories and electrodes will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side Accessories and electrodes shali be warranted for ninety 90 days from the date of shipment During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace at ZOLL Medical Corporation s sole option any part of the Equipment found by ZOLL Medical Corporation to be defective in material or workmanship If ZOLL Medical Corporation s inspection detects no defects in material or workmanship ZOLL Medical Corporation s regular service charges shall apply D ZOLL Medical Corporation shalt not be responsible for any Equipment defect failure of the Equipment to perform any specified function or any other nonconformance of the Equipment caused by or attributable to i any modification of the Equipment by the Customer unless such modification is made with the prior written approval of ZOLL Medical Corporation
62. e of the Warranted Products to use or correctly process dates other thon systemic miscalculotions not due to date value formati and vii products not listed in GE Healthcare s Accessories ond or Supplies catalogs at the time of sale and all service manuals are provided AS IS For network and antenna installations not provided by GE Healthcare or its authorized agentis network and antenna system troubleshooting will be billable at GE Healthcare s stondard service rates For MR systems these warranties do not cover il any defect or deficiency that results in whole or in part from failure of any weter chiller system supplied by Customer fii service to any water chiller systems supplied by Customer ond iii for MR systems with LHe LN or shield cooler configured superconducting magnets except for MR Systems with LCC magnets any cryogen supply cryogenic service or service to the magnet cryostot coldhead shield cooler compressor or superconductive or resistive shim coils unless the need for such supply or service is caused by o defect in moterial cr workmanship covered by these warranties GE Heolthcare s MR Magnet Maintenance and Cryogen Service Agreement is available to provide supplemental coverage during the warranty periodi For Proteus XR a Definium and Precision 500D x roy systems these warranties do not cover collimator bulbs Warranty State ment United States Rev 08 14 Page 2of4 GE Healthcare Confidential amp Proprietary
63. eaithcare will perform prescribed tests using its own performance specifications instruments and procedures to verify that the Products meet GE Healthcore s applicable performance specifications 1 4 1 Customer Supplied items Customer wili install necessary system cable and assemble any necessary equipment or hardware not provided by GE Healthcare unless agreed otherwise in writing by the parties For Products that will be operated on or in connection with Customer supplied hardware or software Customer is responsible for ensuring that such hardware and software conform to GE Healthcare s minimum hardware and software requirements os made available to Customer Unless GE Healthcare has agreed in writing to maintain responsibility for an applicable service Customer will be responsible for enabling the connectivity and interoperability between Customer supplied harcware or software or other systems or devices and the Product including without limitation procuring and installing any modifications interfaces or upgrades consistent with GE Healthcare s written specifications e Unless otherwise agreed in writing by GE Healthcare Customer is solely responsible for the i performance of and payment for any applicable rigging and or facility costs and ii installation of accessory items ff applicable for the Product electricai wiring and outlets computer network infrastructure conduit cabinetry modification wall mounts ve
64. ease reply confirming that your MFG Panasonic CF 19 Panasonic Part CF 195HCAXLM is in fact discontinued The customer has requested this for his records Thank you much Richard Klabanoff Senior Account Manager CDW Healthcare Phone 866 209 8024 Fax 312 705 8643 Try Me http c conv Have you accessed your EXTRANET today Click to Log On http www cdwg Gom shop eaccount logon asp View Quotes Print Invoices Order Status amp Tracking Numbers If you do not wish to receive e mails from your CDWeG RP resentative related to product or service offers please reply to this e mail with unsubscribe in the subject line Agenda Item 13 mD F We Make a Difference To Board of Directors From Stephani Ochoa Materials Management Manager Date May 26 2015 Re Zoll X Series Unit Sole Source Letter Consider and act on sole source letter for oa of one 1 Zoll X Series Units Mr Fawn Chair EMS Committee Yes No N A K 1 L Budgeted item Within budget Renewal contract UO B L LI D BBO Special request 269 NA Road Chelmsford Mossachusets 018244105 978 42 19655 main 9784210025 fox www zall com May 13 2015 Diane Sandel Montgomery County Hospital District EMS 1300 South Loop 336 West Conroe Texas 77304 Dear Ms Sandel We appreciate your selection of ZOLL products for Montgomery County Hospital District EMS This letter serves as confir
65. ed 3 4 installation No instaliation services are provided for the Vscan system 4 Additional Warranty Terms amp Conditions For Vscan Products Only U S Only 4 1 Vscan Worranty Period The warranty period fer a new and or demonstration Vscan system is thirty six 36 months from the Vscon Warranty Commencement Date os this term is defined below This warranty period does not apply to Vscan Version 1 1 demonstration systems the Vscan system battery and or Pre Owned GoldSeol Vscan systems 4 2 Vscan Version 1 1 Demonstration Systems Warranty The warranty period for demonstration Vscan Version 1 1 systems Vscon Version 1 1 is twelve 12 months from the Vscan Warranty Commencement Date excluding the battery The warranty for the Vscon Version 1 1 includes i repair services at a GE Healthcare repair facility GE Healthcare Service Depot fii five 5 business day turnaround repair time once GE Healthcare Additiona Terms and Conditions and Warranties Page 2 of 3 Ultrasound amp Vscon Rev 08 14 GE Healthcare Confidential amp Proprietary the Vscon Version 1 1 is received at the GE Healthcare Service Depot GE Healthcare is not responsible for delays in shipmentk and iii technical support via telephone from 7 00 am to 7 00 pm Central Time Monday Friday excluding GE Healthcare holidays Internationa shipments for repairs and looners are not covered under this warranty GE Healthcare shall not have any ob
66. ed necessary by GE Healthcare during such labor warranty period MAC 800 1200 1600 and 2000 Three 3 years of parts and lobor CARESCAPE V100 Vital Signs Monitors Two 2 years parts and labor Exergen Four 4 years parts and labor Batteries Ninety 90 days except li for LOGIQBook ond Vscan batteries which are warranted for twelve 12 months and ii for Nickel cadmium or lead acid botteries for X ray and mammography systems which will carry a sixty 60i month warranty prorated as shown below For Nickel cadmium or leod acid batteries for X ray and mammogrophy systems warranty service will be performed without charge from 8 00 a m to 5 00 p m local site time Monday Friday excluding GE Healthcare holidays ond outside those hours at GE Healthcare s then prevailing service rates and subject to the availability of personnel only during the first twelve 12 months of the sixty 60 month warranty period For X ray and mammography systems if nickel cadmium or lead acid batteries need replacement during their applicable warranty period Customer will pay the price of the replacement battery in effect on its delivery date less a Pro Rata Credit Allowance as defined herein The Pro Rota Credit Allowance for batteries that fail less than twelve 12 months after the warranty begins is one hundred percent 10096 The Pro Rata Credit Allowance for batteries that fail more than twelve 12 months after the warranty begins is 1 lit of Mos
67. eneral Terms and Conditions provide Customer with a comparable loaner system during periods of extended service to the Warranted Product Warranty service will be performed without charge from 8 00am to 5 00pm local site time Monday Friday excluding GE Heaithcore holidays and outside those hours at GE Healthcare s then prevailing service rates and subject to the avoilability of personnel For certain Warranted Products GE Healthcare will perform worranty service only ot an authorized service center or in some instances via a secure remote connection to a GE Healthcare online center With respect to GE Healthcare s worranty for the services it provides to Customer Customer s exciusive remedy is set forth in Section 2 1 above Warranty clcims for the Warranted Products should be directed through GE CARES at 1 800 437 1171 Warranty claims for accessories and supplies items should be directed through 1 800 558 5102 5 Limitations GE Healthcare shall not have any obligation to Customer hereunder if the worranty claim results from or arises out of a the use of the Warranted Product in combination with any software tools hardware equipment supplies accessories or any other materials or services not furnished by GE Healthcare or recommended in writing by GE Healthcare b the use of the Warranted Product in a manner or environment or for any purpose for which GE Healthcare did not design or license it or in violation of GE Healthcare s reco
68. er GE Healthcare notifies Customer that it has completed assembly and the Warranted Product is operating substontially in accordance with GE Healthcare s Specifications li if GE Healthcare does not install the Warranted Product five 5 days after delivery of the Warranted Product to Customer iii the date Customer first uses the Worranted Product for patient use or iv if GE Healthcare is contractually required to install the Warronted Product the thirtieth 301 day following shipment to the end user Customer if installation is delayed for reasons beyond GE Healthcore s reasonable control The warranty period for any Warranted Product or component furnished to correct a worranty failure will be the unexpired term of the worronty applicable to the repaired or reploced Warranted Product 4 Remedies If Customer promptly notifies GE Healthcare of Customer s warranty claim during the warranty period and mokes the Warronted Product available for service GE Healthcare will atits option i with respect to equipment either repair adjust or replace with new or exchange replacement parts the non conforming Warranted Product or components of the Warranted Product and ii with respect to GE Healthcore s licensed software either correct the non conformity or replace the applicable licensed software GE Healthcare may at its sole discretion and subject to i availability i any applicable regulatory approvals and iii Section 5 of the GE Healthcare G
69. er Personnel at no additional charge as part of the Quotation price GE Healthcare will not be responsible for providing any additional training on new clinical applications or procedures developed after Product installation or existing clinical applications acquired after Product installation unless otherwise specified in the applicable GE Healthcare Quotation Initial training if applicable must be used within twelve 12 months of Product installation If Customer fails to do so GE Healthcare s obligation to provide such initial training will expire Customer agrees thot completion of GE Heolthcore s training program offerings does not guarantee thot Customer and Customer s Personnel ore fully and completely trained on the use maintenance ond operation of the Product or thot completion of GE Healthcore s training program will satisfy any licensure and or accreditation standards Customer further agrees that it is Customer s sole and non delegable duty for ensuring that Customer and Customer s Personnel are properly trained on and fully quolified in the use and operation of the Product 2 Additional Warranty Terms amp Conditions For New amp Demonstration LOGIQ e BT12 and later versions LOGIQ e and New amp Demonstration Venue 40 and 50 version BT12 and later versions Venue Only U S Only 2 1 LOGIQ e and Venue Warrenty Period The warranty period for a LOGIQ e and or Venue system is sixty 60 months from the Warranty Commencement Da
70. er provides reasonably prompt written notice to GE Healthcare The foregoing service remedies are Customer s sole and exclusive remedies and GE Heolthcare s sole and exclusive liabilities for Support Service warranty claims These exclusive remedies shall not have failed of their essential purpose os thot term is used in the Uniform Commercial Code as long as GE Healthcare remains willing to re perform any non conforming Support Services for no charge as applicable within a commercially reosonable time after being notified of Customer s claim NO OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF NON INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WILL APPLY 5 General Conditions 5 1 Services Not Included in This SMA Configuration of program interfaces to the ViewPoint Software often referred to HIS or PACS links necessary due to changes on the HIS Repair to damaged dota in the event that the Customer has an inadequate backup e Reorganization of Customer data either restructuring of the database or layout of the network installation Consulting or software engineering and programming e Support of non ViewPoint Software applications and systems including workstation hardware operating systems other applications Idependent or otherwise and any portion of an attached network infrestructure Provision of any additional equipment or ony upgrade to any equipment operating system softw
71. er such dates Page 3 9 LIMITATIONS OF LIABILITY IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING PERFORMANCE OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO WHETHER DUE TO A BREACH OF CONTRACT BREACH OF WARRANTY THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE 10 PATENT INDEMNITY ZOLL Medical Corporation shall at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United States patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation provided that i such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts ii the Customer gives ZOLL Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporation through counsel of its choice to answer the charge of infringement and defend such suit and iii the Customer gives ZOLL Medical Corporation all requested information assistance and authority at ZOLL Medical Corporation s expense to enable ZOLL Medical Corporation to defend such suit In the case of a final award of damages for infringement in any such suit ZOLL Medical Corporation will pa
72. eriod of time during which a Pro Rata Warranty Allowance is provided for a Specialty Component s that fails The Pro Rota Warranty Allowance is calculated as follows Number of months between date of i Warranty commencement ond dote of failure x 100 Complete Warranty Time Period The Pro Rata Warranty Period ends at the expiration of the maximum time period d Warranty coverage includes replacement of OEM manufacturer defects One 1 replacement due to accidental damage is included within the Warronty Period le Reconditioning of used equipment for which GE Healthcare has acquired ownership and or intends to resell after additiona processing These activities include decontamination patient data removal repairs installation of applicable updotes and other activities that are described in the existing operation service manuals applicable to device Warranty Statement GE Brand Specialty Componentis Page 3 of 3 Detectors Probes X Ray Tubes and Image Intensifier Tubes United States Rev 08 14 GE Healthcare Confidential amp Proprietary TL Agenda ltem 17 MCHDZ To Board of Directors eM kaa From Jared Cosper EMS Director Date May 26 2015 Re Cab Chassis amp Remounts FY 2015 2016 Consider and act on approval to order eight 8 each Dodge Ram 4500 cab chassis consisting of four 4 each for remounts and four 4 each for new ambulance construction for FY 2015 2016 We are seeking approval from the
73. etts 01824 4105 978 421 9655 Main 800 348 9011 978 421 0015 Customer Support FEDERAL ID 04 2711626 QUOTATION 189916 V 1 DATE April 30 2015 TERMS Net 30 Days FOB Shipping Point FREIGHT Prepay and Add Page 1 Subtotal 31 581 55 Steven Bagwell EMS Territory Manager 800 242 9150 x9295 ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford Massachusetts 01824 4105 TO Montgomery County Hospital District 978 421 9655 Main 800 348 9011 978 421 0015 Customer Support FEDERAL ID 04 2711626 1400 S Loop 336 W Conroe TX 77304 Att Jared Cosper QUOTATION 189916 V 1 DATE April 30 2015 email jcosper mchd tx org Tel 936 521 5650 TERMS Net 30 Days FOB Shipping Point FREIGHT Prepay and Add TOTAL PRICE SP02 amp SpCO 4 540 Signal Extraction Technology SET Rainbow SET for SpCO amp SpMet NIBP Welch Allyn includes 3 495 Smartcuff 10 foot Dual Lumen hose SureBP Reusable Adult Medium Cuff End Tidal Carbon Dioxide monitoring ETCO2 Oridion Microstream Technology 4 995 Order required Microstream tubing sets separately Interpretative 12 Lead ECG 8 450 12 Lead one step ECG cable includes 4 Lead limb lead cable and removable precordial 6 Lead set Two Temperature monitoring channels with digital displays 995 Order Temperature probes separately 8000 0341 SpO2 SpCO SpMet Rainbow Resuable Patient Cable 225 00 173 25
74. f GE Healthcare is not the installer of the Specialty Components five 5 days after shipment of such Specialty Component s by GE Healthcare or its authorized distributor Customer shall receive the Full Warranty Period as set forth in the chart below in the following situations e Specialty Componentls furnished to Customer as part of a new system installation or e Specialty Component s purchased by Customer with or without a pro rata allowance For a Specialty Components furnished to Customer under terms of the Full Warranty Period as set forth in the chart below the Warranty Period for the replacement Specialty Componentis will be the unexpired term of the warranty applicable to the last Speciaity Componentis for which Customer paid ail or a portion of the cost of that Specialty Componentis For the sake of clarification the Warranty Period does not reset for a Specialty Components supplied by GE Healthcare as a replacement under the Full Warranty Period This Warranty Statement does not apply to a Specialty Components furnished to Customer under the terms of a GE Healthcare service agreement For such Specialty Componentls please refer to the terms and conditions of such service agreement for any Specialty Componentis warranties Customer s failure to i properly use the Specialty Components ii perform the maintenance described above iii maintain the information required above liv provide the above information or any ot
75. foctured in compliance with Customer s designs or specifications the equipment will perform substantially in accordance with GE Healthcare s written technical specifications for the equipment las such specifications exist on the date the equipment is shipped the Specifications This warranty covers both parts and labor and is available only to end users that purchase the equipment from GE Healthcare or its authorized distributors Customers purchasing through an authorized distributor must contact GE Healthcare promptly following such purchase to encble this warranty Software Warranty Except as indicated otherwise below GE Healthcare warrants for ninety 90 days from the Warranty Commencement Dote that i the licensed software will perform substantiaily in accordance with the applicable Documentation os defined herein ii it has not inserted any Disabling Code as defined herein into the licensed software and ii it will use reasoncble commercial efforts consistent with industry stondards to scan for and remove any software viruses before installation of the applicable Warranted Product Where an item of equipment has software code embedded in it the code will only be considered licensed software under this warranty statement if the applicable GE Healthcare Quotation provides o separate part number for that software Except as indiccted otherwise below GE Healthcare warrants that it has the right to license or sublicense the licensed software t
76. for purchase of four 4 Vscan Ultrasound Units Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to accept GE Healthcare as the sole source vendor of GE Vscan Ultrasound units Ms Whatley offered a second and motion passed unanimously 16 Consider and act on the purchase of four 4 Vscan Ultrasound Units Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to authorize the purchase of four 4 GE Vscan Ultrasound Units for 36 526 40 per quote from GE as listed in the boardbook and subject to approval of the conditions by legal counsel Ms Whatley offered a second After discussion by the board the motion passed unanimously Mr Grice made an amendment to the original motion giving the CEO the authority to go up to 1 000 00 per unit or 4 000 00 total per year in additional spending over the unit for warranty Mr Bagley offered a second and motion passed unanimously 17 Consider and act on approval to order eight 8 each Dodge Ram 4500 cab chassis consisting of four 4 each for remounts and four 4 each for new ambulance construction for FY 2015 2016 Mr Fawn Chair EMS Committee attached Mr Fawn made a motion to consider and act on approval to order eight 8 each Dodge Ram 4500 cab chassis consisting of four 4 each for remounts and four 4 each for new ambulance construction for FY 2015 2016 at 370 856 00 per quote from HGAC as listed in the boardbook Ms Whatley offered a second an
77. g date By submitting this bid proposal and executing the same the Bidder and the person s executing below on Bidder s behalf hereby affirm that they are aware of the provisions of Texas Penal Code Sec 36 02 36 08 36 09 and 36 10 a copy of which appears on the attached dealing with the Bribery and Gifts to Public Servants Bidder and the person s executing below on Bidder s behalf further affirm that they will adhere to such laws and instruct and require all agents employees and sub contractors to do the same Bidder is further aware that any violations of these rules subjects this agreement to revocation its removal from bid lists prohibiting future consideration in response to bid solicitations revocation of permits and prosecution i Company Name amp Address Company s Authorized Agent CDW Government LLC 230 North Milwaukee Ave E cun Signa Vernon Hills IL 60061 Telephone No 866 209 8024 i Brandi Steckel Manager Proposals l Name and Title Typed or Printed CDW Government LLC CDW G submits this bid response subject only to the terms and conditions contained in the current Texas Panasonic DIR Contract TSO 2520 Any terms and conditions in the bid or elsewhere that are additional to or different from the terms and conditions ofthe current Texas Panasonic DIR Contract TSO 2520 shall not apply to any transaction s that results from CDW G s submission of its bid response and such transactian s shall be subjec
78. ginal date of hire and will continue to accrue benefits paid time off PTO leave accruals at the same rate as before separation Insurance benefits previously in effect will continue also Employees rehired after a break of service of more than 365 consecutive days will receive a new date of hire They will be treated the same as new employees for all benefits unless approved in advance in writing by Human Resources and the Chief Executive Officer References Previously Policy 10 104 Original Date 12 2010 Review Revision Date 05 2015 X Supersedes all Previous Date Approved by the Board of Directors 06 02 2015 wy Zz Montgomery County Men p Hospital District Policy Number CAAS Reference Number HR 25 308 DERECHA UR References HR 25 104 Rehires Policy NEUTRAL TERMINATION ABSENCE POLICY Page 1 of1 POLICY If you are absent from work for one hundred eighty one 181 days you shall be administratively terminated from the employment roll This termination is without prejudice to you seeking reemployment See Policy HR 25 104 Rehires at such time that a position becomes available for which you qualify with or without accommodation For the purpose of calculating the 181 day period all continuous periods of absence other than leave under the Family and Medical Leave Act or leave taken for reservist duties or military leave of short duration shall be counted This policy operates regardless of
79. h an equipment lessor Lessor certain provisions of this Agreement including but not limited to terms related to payment title transfer warranties and software licenses may be modified as agreed to in writing between GE Healthcore the applicable Lessor and or Customer as the case may be Acceptance of the Products os between GE Healthcare and Lessor will be defined by this Agreement acceptance of the Products as between Lessor and Customer will be defined by the lease agreement Notwithstanding the foregoing if the Lessor does not comply with the terms of this Agreement Customer shall continue to be responsible for the payment obligations hereunder payments are due GE Healthcare may upon ten 10 days prior written notice to Customer either a enter upon Customer s site and remove the Products or b tempororily disable the Products so that they are not operational GE Heclthcare Product Terms and Conditions Rev 08 14 Page 3 of 5 GE Healthcare Confidential amp Proprietary Additional Terms and Conditions and Warranties Ultrasound amp Vscan GE Healthcare These Additional Terms and Conditions and Warranties Ultrasound amp Vscan supplement and incorporate by reference the GE Heaithcare i Quotation that identifies the Product offering purchased or licensed by Customer ii Warrantyties ii Product Terms and Conditions and iv General Terms and Conditions collectively referred to as the Agreement 1 Addi
80. hcare Quotation References herein to Healthcare IT Products are i those softwore products identified in the Quotation as a Centricity product any third party software licensed for use in connection with the Centricity software all hardwore used to operate the Centricity or the third party software and services provided with respect to the implementation installation or support and maintenance of the Centricity or the third party software and or lii any software product or service that is included in a Quotation which Quotation is designated as an Healthcare IT Quotation 1 GeneralTerms i1 Confidentiality Each party will treat the terms of this Agreement and the other party s written proprietary business information as confidential if marked as confidential or proprietary Customer will treot GE Healthcare s and GE Heolthcare s third party vendors software ond technical information as confidential information whether or not marked os confidential and shall not use or disclose to any third parties any such confidential information except as specifically permitted in this Agreement cr as required by law with reasonable prior notice to GE Healthcare or as is required by the U S Federal government in its capacity as a customer The receiving party shall have no obligation with respect to any information which ti is or becomes within the public domain through no act of the receiving party in breach of this Agreement al was in the p
81. her information required by this warranty within the designated time periods or v permit GE Healthcare to verify such information during GE Healthcare s normal working hours will invalidate this warranty 2 2 Determining Specialty Componentls Charge For A Replacement Specialty Componentls Customer will pay the price of the replacement Specialty Components in effect on its delivery date less the applicable Pro Rata Warranty Allowance if applicable described in the table that follows For the purpose of the Pro Rota Warranty Allowance a fraction of a month less than fifteen 15 days will be disregarded and o fraction of a month equal to or greater than fifteen 15 days will be regarded as a fuil month 3 Specialty Component s Installation 3 1 Replacement Specialty Components For a replacement Specialty Component s warranty service does not include installation of the replacement Specialty Component s but upon Customers request GE Healthcore will install the Speciaity Componentis ot GE Healthcare s then prevailing service rates If a replacement Specialty Components is not installed by GE Healthcare Customer must not later than ten 10 days after its installation date provide to GE Healthcare in writing i the serial number of the replacement Specialty Componentis ii the location and serial number of the system on which the Specialty Componentis has been installed lii the date of installation and iv for Non CT Tubes
82. icetion all prices will be considered firm for acceptance within sixty days of bid opening Any exception to this must be so stated on face of offer Lowest and Best Price Quote you lowest and best n t price F O B destination freight pre paid unless specified otherwise on each item If delivery and shipping quantities affect unit bid price multiple bids may be made to indicate at price break quantities in order for MCHD to determine maximum economic benefits Pricing discount should include packaging and shipping costs unless otherwise specified Pricing should always be entered on the bid form in ink or typewritten and total must be entered in the TOTAL NET PRICE columns In case of discrepancy between unit price and extended price the unit price will be presumed to be correct Early Payment Discounts MCHD does consider all early payment discounts in computing the low bid MCHD encourages vendors to offer early payment cash discounts i All Offers Must Be Firm If the bidder believes it necessary to base price on a price adjustment factor such an offer May be considered but only as an alternate offer unless the invitation indicates otherwise Shipping Charges If the quoted net price does not include shipping charges such charges must be itemized separately if bid is based on F O B destination Preference will be given when prices quoted are F O B delivered with all shipping charges prepaid Unless otherwise stated all itgms shall be co
83. inal calibration until required progress payments are received If Customer fails to schedule a delivery date with GE Healthcare within six 6 months after order entry GE Healthcare may cancel Customer s order upon written notice to Customer For the avoidance of doubt GE Healthcare IT Product Quotations and orders are non cancellable 1 1 2 Order Modifications No modifications may be mode to an order without GE Healthcare s prior written consent The Product configuration listed in the Quotation is based upon information furnished to GE Healthcare by Customer and Customer is responsible to provide and pay for modifications if any to the configuration due to inaccuracies or incompleteness of the information furnished to GE Healthcare by Customer changes in Customer s needs or requirements or for other reasons ottributable to Customer 1 1 3 Exchanges and Substitutions Prior to acceptance os defined in Section 1 5 below GE Healthcare may in its sole and reasonable discretion exchange or substitute installotion related items having similar features functionality and pricing as the originally delivered installation item thot result in no price change to the Customer This section shall not apply to Healthcare IT Products 1 14 Used Product Orders Products identified as pre owned refurbished remanufactured or demonstration Products have been previously used Used Products they are not new When delivered and or released to Customer such
84. ine internet connection VPN persistent access broadband internet connection or other secure remote access reasonably requested by GE Healthcore to perform support services and meet service levels including remote diagnostic monitoring and repair services 2 10 Customer Responsibilities It is the responsibility of Customer to ensure that any PHI is removed from the system before such system is shipped to the applicable GE Healthcare facility for repair or replacement refer to the applicable sections of the LOGIQ e and or Venue user manuals for further instructions Customer agrees to indemnify GE Healthcare for any loss whotsoever resulting from any PHI that is not removed from the system The parties agree thot GE Healthcare shall have no obligations whatsoever in connection with any PH not properly removed from the system by Customer It is further the responsibility of Customer to ensure that the system and any related tronsducers peripherols or attachments are clean and free of bodily fluids and other material thot may have the potential to carry disease prior to shipment to any GE Healthcare Service Depot 3 Additional Terms amp Conditions For Vscan Products Only 3 1 Use for Clinica Diagnostic Purposes Only IN ADDITION TO ANY PROVISIONS SET FORTH IN SECTION 2 1 OF THE GE HEALTHCARE GENERAL TERMS AND CONDITIONS CUSTOMER AND CUSTOMER PERSONNEL WILL USE THE PRODUCTS ONLY FOR CLINICAL DIAGNOSTIC PURPOSES IN THE DIAGNOSIS OR TREATME
85. ing purchased or licensed by Customer ii the following documents as applicable if attached to or referenced in the Quotation the GE Healthcare o Warrantylies and b Additional Terms and Conditions and iii the GE Healthcare General Terms and Conditions collectively referred to as the Agreement 1 Commercial Logistics 11 Order Cancellation and Modifications 11 1 Cancellation and Payments If Customer cancels an order at any time without GE Healthcare s prior written consent GE Healthcare has the right to charge Customer a cancellation fee of up to one and one half percent 1 596 with a maximum amount of up to 5 000 of the price of the Products ordered if the cancellation occurs less than thirty 30 days prior to the scheduled delivery date of any portion of the order GE Healthcare has the right to charge Customer a cancellation fee of up to ten percent 1096 with a maximum amount of up to 50 000 of the price of the Products ordered GE Healthcare will retain as o credit ony payments received up to the amount of the cancellation charge if Customer cancels an order for Products for which GE Healthcare has provided site evaluation services Customer will also pay GE Healthcare reasonable charges for such services performed prior to cancellation if applicable for the order Customer will poy all progress payments other than the final payment prior to final Product calibration and GE Healthcare may at its option delay f
86. itional Terms and Conditions iii the GE Healthcare Product Terms and Conditions and fiv the GE Healthcare General Terms and Conditions collectively referred to as the Agreement Service Warranty Codes if Customer promptly notifies GE Heclthcore of its warranty claim and makes the Product available for service GE Healthcare will provide the warranty service indicated in the applicable Service Warranty Code description The terms and conditions of GE Healthcare s Warranty Statements apply to ail warranty claims Basic Service Premise for Products GE Healthcare Field Engineers will take the first coll for service and either provide direct support or arrange for support from the manufacturer or its dealers as indicated by the individual Service Warranty Code if the Service Warranty Code calls for Product return for repair or in warranty exchange Customer must return the Product as GE Healthcare directs GE Healthcare provides warranty service from 8 00 AM to 5 00 PM local time Monday Friday EXCLUDING GE HEALTHCARE HOLIDAYS If a Service Warranty Code provides for warranty service to be performed on Customer s site such service is available outside the above hours at GE Heolthcare s prevailing service rates and subject to the availability of personnel A GE Healthcare directly or through a sub contractor provides the following Installation parts on site warranty service to repair adjust or replace at GE Healthcare s option and using
87. ject to the provisions of Executive Order 11246 as amended and the rules regulations or orders of the Secretary of Labor issued thereunder the contract clause set forth at 41 CFR 60 1 4 a and 60 1 4 b are hereby included as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 60 1 7 and the affirmative action compliance program requirements set forth as 41 CFR 60 1 40 19 VALIDITY OF QUOTATION This Quotation shall be valid and subject to acceptance by the Customer in accordance with the terms of Section 1 hereof for the period set forth on the face hereof After such period the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall not create a contract unless such acceptance is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation 20 GENERAL Any Contract resulting from this Quotation shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts This constitutes the entire agreement between Buyer and Supplier with respect to the purchase and sale of the Products described in the face hereof and only representations or statements contained herein shall be binding upon Supplier as a warranty or otherwise Acceptance or acquiescence in the course of performance rendered pursuant hereto shall not be relevant to determine the meaning of this wri
88. lice Discovery NM CT670 Performix 40 on Optima CT660 32 Slice Optima CT660 64 Slice Performix Pro80 036347 on LightSpeed Pro 16 LightSpeed RT Performix Pro VCT100 D3194T on LightSpeed Pro16 LightSpeed VCT LightSpeed VCT Select LightSpeed RT16 L ghtSpeed Xtra Optima CT580 RT Optima C1580w Discovery CT590 RT Discovery VCT Discovery RX VCT Discovery PET CT610 64 or 128 slice Discovery PET CT690 Discovery PET CT710 64 128 slice Discovery NM CT570c Performix HD on LightSpeed CT750 HD 24 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months Detectors Fixed Digital Detectors XR Vascular Mammography 12 months 12 months N A Wireless amp Tethered Digital Detectors 12 months d 12 months d N A Ultrasound Probes New 12 months 12 months N A Refurbished e 12 months 12 months N A Purchased Loaner 6 months 6 months N A COMMENTS a For actual catalog numbers please contact your local GE Healthcare representative b initial period of time of use after warranty begins during which a full 100 warranty is provided for o Specialty Componentis that fails c Maximum p
89. ligation to Customer hereunder if a warranty claim results from or arises out of the immersion of the Vscan Version 1 1 in any liquid If upon arrival of the Vscan Version 1 1 at the GE Healthcare Service Depot GE Healthcare determines thot the damage to the Vscan Version 1 1 was the result of the above GE Healthcare will decline the worranty service request and contact the Customer regarding charges for servicing such system 4 3 Vscan Lithium Polymer Battery Warranty Period The warranty period for the Vscan Lithium Polymer battery included in the purchase of the Vscan system is twelve 12 months from the Vscan Warranty Commencement Date 4 4 Pre Owned GoldSeal Vscan Warranty Period The warranty period for a pre owned GoldSeal Vscan system is twelve 12 months from the Vscon Warranty Commencement Date Warranty service is only offered ot a GE Healthcare Service Depot for pre owned GoldSeal Vscan systems 4 5 Vscan Warranty Commencement Unless expressly provided otherwise in the opplicable GE Heolthcare Quototion the Vscan warranty period begins upon Vscon system activation the Warranty Commencement Date This warranty covers both parts and labor and is available only to end users that purchase the Vscan system from GE Healthcare or its authorized distributoris and is not transferrabie to any third party without the prior written consent of GE Healthcare 4 6 Vscon Warranty Remedies For any eligible Vscan system which excludes Vscan Ver
90. loyee issues and benefits transition plans and other healthcare matters grants and any other related district matters Mr Randy Johnson CEO presented a report Consider and act on Human Resource policies Ms Whatley Chair Personnel Committee attached e HR 25 308 Neutral Termination Absence Policy e HR 25 104 Rehires Policy e HR 25 408 Tobacco Use Smoke Free Workplace Policy Ms Whatley made a motion to consider and act on HR 25 308 Neutral Termination Absence Policy Mrs Wagner offered a second After discussion by the board Ms Whatley made a motion to withdraw her original motion on HR 25 308 Neutral Termination Absence Policy Mr Bagley offered a second motion failed with a vote three 3 for Ms Wagner Mr Cole and Mr Grice and three 3 opposed Ms Whatley Mr Fawn and Mr Bagley Mr Cole made a motion to consider and act on HR 25 308 Neutral Termination Absence Policy Mrs Wagner offered a second and motion passed five 5 for Ms Whatley Mrs Wagner Mr Fawn Mr Cole and Mr Grice to one 1 opposed Mr Bagley Ms Whatley made to motion to consider and act on HR 25 104 Rehires Policy Mrs Wagner offered a second and motion passed unanimously Ms Whatley made a motion to consider and act on HR 25 408 Tobacco Use Smoke Free Workplace Policy with the addition of the word or in the next to last paragraph after the word vehicle and before the phrase while assigned to an incident location
91. mation that ZOLL Medical Corporation at 269 Mill Road in Chelmsford Massachusetts is the sole manufacturer and source of X Series Defibrillators for the EMS Market ZOLL or Steve Bagwell Territory Manager will not sell an X Series Defibrillator to Montgomery County Hospital District EMS through any vendor or dealer Should you have any questions or require additional information please contact me at 800 348 9011 x 9821 Sincerely Matthew LaRivee Federal Government Contract and Sales Specialist TO Montgomery County Hospital District 1400 S Loop 336 W Conroe TX 77304 Attn Jared Cosper email jeosper mchd tx org Tel 936 521 5650 X Series Manual Monitor Defibrillator 14 995 with 4 trace tri mode display monitor defibrillator printer comes with Real CPR Help advisory algorithm advanced communications package Wi Fi Bluetooth USB cellular modem capable USB data transfer capable and large 6 5 16 5cm diagonal sreen full 12 ECG lead view with both dynamic and static 12 lead mode display Accessories Included Six 6 foot 3 Lead ECG cable MFC cable MFC CPR connector A C power adapter battery charger A C power cord One 1 roll printer paper 6 6 Ah Li ion battery Carry case Declaration of Conformity Operator s Manual Quick Reference Guide One 1 year EMS warranty Advanced Options Real CPR Help Expansion Pack 9
92. mer provides reasonably prompt written notice to GE Healthcare The foregoing service remedy together with any remedy provided herein are Customer s sole and exclusive remedies lond GE Healthcare s sole cnd exclusive liability for warranty claims These exclusive remedies shall not have failed of their essential purpose as that term is used in the Uniform Commercial Code as long as GE Healthcare remains willing to repair or replace defective worranted products or re perform any non conforming services for no charge as applicable within a commercially reasonable time after being notified of Customer s warranty claim NO OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF NON INFRINGEMENT MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE QUIET ENJOYMENT SYSTEM INTEGRATION AND DATA ACCURACY WILL APPLY Term Usage Warranted Product is a collective term which includes both the above listed GE Healthcare manufactured equipment and licensed software with the exception of Healthcare IT Products purchosed by and or licensed to las applicable Customer under the relevant GE Healthcare Quotation Equipment Warranty Except as indicated otherwise below GE Healthcare warrants the equipment will be free from defects in title and that for one 1 year from the Warranty Commencement Date as defined below i the equipment will be free from defects in material and workmanship under normal use and service and ii except for equipment monu
93. mmendations or instructions on use or c any olteration modification or enhancement of the Warranted Product by Customer or any third party not authorized or approved in writing by GE Healthcare in addition this warronty does not cover the Warronted Product to the extent it is used in any country other than the country to which GE Healthcare ships the Warranted Product unless GE Healthcare expressly agrees otherwise in writing GE Healthcare does nct guarantee that licensed softwore wil operate without error or interruption In addition these warranties do not cover i any defect or deficiency including failure to conform to Specifications and or Documentation as opplicable that results in whole or in port from any improper storoge or handling foilure to mointain the Warronted Products in the manner described in any applicable instructions or specifications inodequate back up or virus protection or any cause external to the Warranted Products or beyond GE Healthcare s reasonable control including but not limited to power foilure and failure to keep Customer s site clean and free of dust sand and other particles or debris ii the payment or reimbursement of any facility costs arising from repoir or replacement of the Warranted Products or parts tii any adjustment such as alignment calibration or other normal preventative maintenance required of Customer iv expendable supply items lv stockpiling of replacement parts vi any failur
94. n Standard Time except on GE Healthcare holidays GE Healthcare Additional Terms and Conditions Page 1 of 3 ViewPoint Software Maintenance fRev 08 14 GE Healthcare Confidential amp Proprietary 3 4 Remote Access Support GE Healthcare may access the ViewPoint Software remotely via the Customer s existing web access and GE Healthcore supplied secure tunnelling software and use remote diagnostics to monitor key ViewPoint Software parameters in an effort to prevent and detect Errors Customer shall cooperate with GE Healthcare as reasonably necessary to establish such remote connections in accordance with GE Healthcare s instructions For some ViewPoint Software modules for example the HIS interface remote access is mandatory in order to obtain support under this SMA Details ore specified in the product data sheets 3 5 Data De identification Customer agrees to permit GE Healthcare to use Protected Health Information to create de identified information consistent with the stondards set forth in 45 CFR 8 164 514 and to use such de identified information for any and all purposes including but not limited to product development quality initiatives benchmarking and reporting services 4 Warranties GE Healthcare warrants that its Support Services will be performed by trained individuals in a professionoi workman like manner GE Healthcare will promptly re perform ony non conforming Support Services for no charge as long as Custom
95. n any way purporting to modify this Agreement whether contained in Customer s purchase order or shipping release forms or elsewhere shall be binding unless hereafter agreed to in writing and signed by authorized representatives of both parties Each party objects to any terms inconsistent with this Agreement proposed by either party unless GE Healthcare Generol Terms and Conditions Rev 08 14 Page 1 of 4 GE Healthcare Confidential amp Proprietary agreed to in writing and signed by authorized representotives of both porties and neither the subsequent lack of objection to any such terms nor the delivery of the Products and or Services sholi constitute an agreement by either party to any such terms The parties agree that any provision in this Agreement in all caps type sotisfies any requirements at law or in equity that provisions be conspicuously marked 2 Compliance 2 1 Generally Each party will comply with the requirements of Federal and State laws and regulations that are applicabie to such party This Agreement is subject to GE Healthcare s on going determination that Customer and this Agreement comply with all applicable laws and regulations including those relating to workplace safety FDA matters Federal Healthcare Program Anti Kickbock compliance export import control and money laundering prevention CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE OR MAY BE SUBJECT TO REGULATION BY THE FDA AND OTHER FEDERAL OR ST
96. n cured within thirty 30 days after notice of breach GE Healthcare may suspend withhold or terminate the performance of any Support Services required to be performed by GE Healthcare hereunder Customer s SMA payments are due within thirty 30 days after receipt of GE Healthcare s applicable invoice in accordance with the Billing Options as specified in Schedule A 3 Scope 3 1 Software Maintenance As part of the Support Services hereunder GE Healthcare will use commercially reasonable efforts to correct verifiable and reproducible Errors las defined below within a reasonable period of time after a Customer reports such Error to GE Healthcare in accordance with GE Healthcare s standard reporting procedures or b detection by GE Healthcare GE Healthcare may provide an Error Correction tas defined below by means of a temporary fix consisting of sufficient progromming and operating instructions to implement such Error Correction Customer will pay GE Healthcare at GE Healthcare s then current rates for all work expended investigating of correcting an Error thot GE Healthcare reasonably determines to have been caused by il any equipment or software not provided by GE Healthcare i any misuse of the ViewPoint Software or iii any modification of the ViewPoint Software by anyone other than GE Healthcare or os authorized by GE Healthcare in writing or iv improper combination of the ViewPoint Software with another product Updates
97. n minutes for the April 28 2015 Regular BOD Meeting Ms Whatley offered a second and motion passed unanimously 28 Convene into executive session pursuant to section 551 072 of the Texas Government code to discuss real estate property including but not limited to MCHD Station 43 and any other related matters Mr Posey Chairman MCHD Board Mr Cole made a motion at 5 33 p m to convene into executive session pursuant to section 551 072 of the Texas Government code to discuss real estate property including but not limited to MCHD Station 43 and any other related matters 29 Reconvene from executive session and take action as necessary on real estate property including but not limited to Station 43 and any other related matters Mr Posey Chairman MCHD Board The board reconvened from executive session at 5 44 p m Mr Cole stated for the record that no action was taken by the board in the executive session Mr Cole made a motion that MCHD have LED lighting for Station 43 for an additional amount of 14 500 00 Mr Bagley offered a second and motion passed unanimously 30 Convene into executive session pursuant to section 551 074 of the Texas Government Code to deliberate personnel matters related evaluation of Chief Executive Officer Randy E Johnson Ms Whatley Chair Personnel Committee Mr Cole requested that agenda item 30 be tabled 31 Reconvene from executive session and make recommendations if needed
98. new or exchange replacement ports non conforming products or parts applications training in some cases with additional charge ond post warranty service at prevailing hourly billed service HBS rates and in some cases under GE Healthcare service contracts GE Healthcare directly provides the following through GE Healthcare s Global Parts Operation GPO New or exchange replacement parts at no charge to correct non conforming products or parts during the warranty period new or exchange replacement parts at GE Healthcare s normal prices for post warranty repairs Note installation applications training and on site service is the Customer s responsibility However GE Healthcare s Field Engineers may be available at prevailing HBS rates Contact GE CARES for availability C GE Healthcare arranges for the third party Product Manufacturer or its dealers to provide the following Installation in some cases with an additional chargel parts on site worranty service to repair adjust or replace at the monufacturer s cr dealer s option and using new or exchange replacement parts non conforming products or parts applications training in some cases some with additional charge and post warranty service at prevailing service rates D GtHeolthcare refers to the Product Manufacturer warranty which provides the following Basic functional troubleshooting no technicol labor with supplier phone support and repair or replacement at the manufactu
99. nformation as possible before you submit your bid Montgomery County Hospital District Calvin Hon 1400 S Loop 336 W Conroe Texas 77304 i Montgomery County Hospital District Emergency Medical Services May 2015 Panasonic Toughbook CF19 Price Quote Specification and Requirement List Quantity Minimum of 10 up to Maximum of 15 Panasonic CF 19 Panasonic Part CF 195HCAXLM 2 3 Yr Protection Plus Insurance Panasonic Part CF SVCLTNF3Y 3 Panasonic 8GB Toughbook Memory Panasonic Part CF KBASO8GM 4 Vendor must respond in a separate letter regarding if vendor can guarantee bid pricing for 6 months from bid submission date for possible additional purchase Product has gone discontinued from Panasonic please see attached email from Panasonic for more information OE400SPS SALES Saas NETUS QUOTE ATE GDTC953 6410532 5 12 2015 CDWE com 800 594 4239 i 1 SHIP TO BILL TO MONTGOMERY COUNTY HOSPITAL MONTGOMERY COUNTY HOSPITAL DISTRICT DIST Attention To CALVIN HON PO BOX 478 1400 S LOOP 336 W HI Accounts Payable CONROE TX 77304 3504 CONROE TX 77305 0478 Contact CALVIN HON 936 523 1120 Customer P O PAN TOUGHBOOK 15X Customer Phone QUOTE ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE RICH KLABANOFF 866 209 8024 UPS Ground Net 30 Days Heaithcare GOVERNMENT QTY ITEM NO DESCRIPTION UNIT PRICE EXTENDED PRICE 3 350
100. notifies Customer that it has completed assembly ond the Product is operating substantiolly in accordance with GE Healthcare s published performance specifications ii if GE Healthcare does not install the Product five 5 days after delivery of the Product to Customer or iij the date Customer first uses the Product for patient use GE Healthcare Product Terms and Conditions Rev 08 14 Page 2 of 3 GE Hecithcare Confidential amp Proprietary 1 6 Warronties Product warranties if applicable are set forth in the GE Healthcare warranty forms delivered with the Quototion GE Healthcare may use refurbished parts in new Products Any part for which GE Healthcare has supplied a replacement excluding biomed parts which shall be properly disposed of by Customer shall become GE Healthcare property 17 Third Porty Products ond Services If GE Healthcare has agreed to provide any third party products and or services other than GE Healthcore accessories and supplies to Customer as port of the Quotation including but not limited to any Commitment Account Non Inventory items li GE Healthcare is acquiring such products and or services on Customer s behalf and not as a supplier of such products and or services il GE Healthcare provides no warranties or indemnification of any kind express or implied with respect to such products and or services warranties or indemnification if any on such products and or services will be provided by the man
101. nsidered as F O B delivered Prices should be itemized MCHD reserves the right to award by item or lot Taxes MCHD is exempt and does not pay Federal Excise Tax Texas state land local retail sales tax or certain use taxes In addition the County is exempt from Texas diesel fuel and gasoline highway use taxes and gasoline off highway use tax Partial Bid Items Bidders may submit bids on one or all solicited items A bid on only a partial quantity of a Solicited item however will be considered as alternate bid Delivery Time as stated in number of days must include Saturdays Sundays and holidays Time of delivery is part of the bid and is of the essence The required delivery dat indicated is at the point of designation If the requested date cannot be met or the date is not indicated in the bid inyitation you should state your best delivery time Alternate bids If the invitation requests a brand namelor buyer approved equal the bidder may offer an equal Product as an alternate bid Final determination of approved equal remains with MCHD Any Catalog or manufacturer s reference in this proposal is descriptive but not restrictive and is used only to indicate type and grade Other items of similar and equal quality will be considered provided the respondent state on the face of the proposal exactly what is intended to be furnished Otherwise the bidder will be required to furnish the items
102. ntilation and any other site preparation are not included in the purchase price and are the responsibility of Customer unless otherwise agreed in writing by GE Healthcore 1 4 2 Network Unless Customer has elected to purchase network preparation and certification Services from GE Healthcare as set forth in the Quotation Customer is solely responsible for ensuring that Customer s network is adequate for the proper operation ond performance of the Products and otherwise meets GE Heolthcare s written network configuration requirements 1 43 License Permits and Approvals Customer shall obtain and maintain all licenses permits ond other approvals necessary for installation use and disposal recycling of the Products including but not limited to any government licenses required to use radioactive sources for Products that require the use of such sources GE Heaithcore will ship such sources to Customer only after Customer provides GE Healthcare with satisfactory evidence thot Customer hos obtained all required licenses for such sources in addition Customer will provide all radioactive sources for calibration and performance checks of Products that require the use of such sources GE Heolthcare wili file any required Federal ond State reports relating to its installation activities GE Healthcare will not instali test certify or provide its own software license or warranty for Products thot are not listed in its on line cotalog or price pages at the tim
103. o Customer fer the purposes and subject to the terms and conditions set forth in the Agreement As used in this warranty statement i Disabling Code meons computer code that is designed to delete interfere with or disable the normal operation of the Warranted Product provided however that code included in the licensed software that prevents use outside of the license scope purchased for the software will not be deemed to be Disabling Code and fii Documentation means the GE Healthcare user manuals on line help functions technical specifications and user instructions regarding the operation instaliation and use of the software as made availoble by GE Healthcare to Customer Used Products GE Healthcare s i Gold Seal Products certain pre owned GE Healthcare equipment ii Ultrasound demonstration systems and fiii certified pre owned Bone Mineral Densitometry Products ore ail provided with GE Healthcare s standard warranties carrying the same duration as the new equipment warranty but in no event exceeding one 1 year unless otherwise provided in writing Warranty Statement United States Rev 08 24 Page lof 4 GE Healthcare Confidential amp Proprietary by GE Heqithcorel Except as expressly provided in this paragraph or in the applicable GE Healthcare Quotation all other pre owned refurbished remanufactured or demonstration equipment is not warranted by GE Healthcare 2 6 Healthcare IT and GE Brand Specialty Componen
104. o the following provisions i the Loaner shall be for Customer s temporary use and Customer agrees to keep the Loaner at the location identified in the Quotation and shall not move the Loaner to another location without GE Healthcare s prior written consent ii Customer agrees to return the Loaner to GE Healthcare on or before the date on which GE Healthcare returns Customer s Product to Customer and if Customer does not return the Loaner within such time period GE Healthcare may repossess the Loaner with ten 10 days prior written notice or invoice Customer for the full list price of the Loaner iii the Loaner and all programs information data business information or other information pertaining to such Loaner shall remain GE Healthcare property iv titie remains with GE Healthcare but risk of loss passes to Customer upon delivery of the Loaner v Customer agrees to maintain the Loaner in proper operating condition and in accordance with GE Healthcare s operating instructions and return it to GE Healthcare in this condition normal wear and tear excepted ivi Customer will not repair or permit others to repair the Loaner without the prior written consent of GE Healthcare vii Customer agrees to furnish GE Healthcare reasonable access to the Loaner with prior notification viii os Customer does not cwn the Loaner and is not paying GE Healthcore for its use it is Customer s responsibility to ensure that any charge or claim submitted by Cu
105. ody of prisoners commits an offense if he solicits accepts or agrees to accept any benefit from a person the public servant knows t be in his custody or the custody of his agency A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits accepts or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency A public servant who exercises discretion in connection with contracts purchases payments claims or other pecuniary transactions of government commits an offense if he solicits accepts or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract purchase payment claim or transaction involving the exercise of his discretion A public servant who has judicial or sistas authority who is employed by or in a tribunal having judicial or administrative authority or who participates in the enforcement of the tribunals decisions commits an offense if he solicits accepts or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the publid servant or tribunal A member of the legislature the governor the lieutenant governor or a person employed by a member of the legislature the governor the lieutenant governor or an agency
106. of the legislature commits an offense if he solicits accepts or agrees to accept any benefit from any person A public servant who is a hearing examiner emplpyed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits accepts or agrees to accept any benefit on who is appearing before the agency in a contested case who i is doing business with the agency or who the public servant knows is interested in any matter before the public servant The exception provided by Section 36 10 b does not apply to a benefit under this subsection An offense under this section is a Class A misderheanor A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this Section may donated the benefit to a governmental entity that has the authority to accept the gift or may donate the Benefit to a recognized tax exempt charitable organization formed of educational religious or scientific purposes A person commits an offense if he offers confers or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting b An offense under this section if a class A misdelneanor B 36 10 Non Applicable a Sections 36 08 Gift to Public Servant and 36 09 offering gift to Public Servant do not apply to 1 a fee prescribed by law to be received by a public se
107. oftware Maintenance lo supplement and incorporate by reference the GE Healthcare i Quotation that identifies the Service offering purchased by Customer liil Schedule A attached to these Additional Terms and Conditions and iii General Terms and Conditions collectively referred to as the Agreement or SMA and b do not include the GE Healthcare Product Terms and Conditions Additional Terms and Conditions and Warranties Ultrasound amp Vscan or the Warranties attached to the Quotation 1 Overview GE Healthcare will maintain support ond update such services collectively referred to herein as the Support Services any ViewPoint Software as defined below and HIS interface softwore installed in the United States only and purchased by Customer in accordonce with the terms and conditions of this SMA The ViewPoint Software is defined as the licensed software that was purchased by Customer as set forth on a GE Healthcare Quotation 2 Duration This SMA is effective on the Service Start Date as specified in Schedule A attoched hereto and incorporated herein by reference and shall continue for the Contract Term as also specified in Schedule A Support Term Either party may terminate this SMA without cause after the first onniversary of this SMA by providing at least ninety 90 days prior written notice to the other party In addition upon Customer s material breach of this SMA for non payment or otherwise that has not bee
108. omponent s to the extent it is used in any country other than the country to which GE Healthcare ships the Specialty Component s unless GE Healthcare expressly agrees otherwise in writing In addition these warranties do not cover li any defect or deficiency including failure to conform to Specialty Component s Specifications thot results in whole or in part from any improper storage or handling failure to maintain the Specialty Componentis in the manner described in any applicable instructions or specifications or any cause external to the Specialty Component s or beyond GE Healthcare s reasonable control including but not limited to power failure and failure to keep Customer s site clean and free of dust sond and other porticles or debris any adjustment such os alignment calibration or other normal preventative maintenance required of Customer iii expendable supply items and fiv stockpiling of replacement ports With regard to Ultrasound Specialty Components only these warranties do not cover damage caused by any use that does not conform to OEM guidelines including accidental damage improper cleaning disinfecting over soaking or TEE bite marks 6 Warranty Periods New System Specialty Component s Replacement Specialty Componentts FULL WARRANTY PRO RATA WARRANTY TUBE TYPE OR SYSTEM DESCRIPTION a FULL WARRANTY PERIOD b PERIOD b PERIOD c X RAY TUBES Radiogr
109. on matters relating to the evaluation of Chief Executive Office Randy E Johnson Ms Whatley Chair Personnel Committee Mr Cole requested that agenda item 31 be tabled 32 Adjourn Meeting adjourned at 5 45 p m Jr8 All I am posting these to the wall today Fire is also important and improving but wanted to show you the EMS compliance times Dispatch blue 96 of calls that are dispatched within 75 seconds more is better Overall Response red 96 of calls that are on time this definition is a little fluid right now and may change but depends on the nature of the call and location of the emergency will concede that we probably are making more address errors and understand that believe that we will find a balance between speed and accuracy we will get better over time lam also providing some tools that am hoping will reduce errors The Ops Stat Board turn red if ANI ALI location only on phase callers is significantly different from incident location Double check location location may be good if it is a 3 party caller o This disappears when a unit goes staged or on scene e Unit does not go en route within 90 seconds o This disappears when the unit goes en route e Incident sits in waiting for longer than 20 seconds o This disappears when the incident is dispatched i am really proud of the progress we ve made This chart goes back to 2008 because that is as far back as
110. on to keep designated use areas litter free and not to abuse break and work rules Complaints about tobacco use should be resolved at the lowest level possible but may be processed through supervision and management Employees who violate the policy may be subject to disciplinary action for unprofessional conduct Tobacco and electronic devices regardless of their preparation are only authorized in the following locations 1 Administration Building Designated areas only 2 Satellite Locations Outside the rear of the building out of the public view MCHD personnel shall not smoke or use tobacco products in the general public sight or inside the building regardless of fire station policy It is unacceptable for MCHD personnel to use tobacco or electronic devices inside a MCHD vehicle while assigned to an incident location or while functioning as a patient care provider Tobacco receptacles or items being used as a tobacco receptacle are not permitted in MCHD vehicles or stations References Previously Policy 10 408 Original Date 10 2008 Review Revision Date 05 2015 X Supersedes all Previous Date Approved by the Board of Directors 06 02 2015 Agenda Item 12 MCHDZ ad jP To Board of Directors We Mac Difference From Calvin Hon Date May 21 2015 Re Consider and Act on purchase of replacement patient care record computers RFP MCHD annually replaces the oldest generation of ruggedized patient c
111. or Updates or to permit GE Healthcare to make a repair or take other reasonable actions recommended by GE Healthcare in writing so that the ViewPoint Software functions properly g any products services or dato not mode and provided by GE Healthcare thot fail to correctly use or process dates h design or manufacturing defects in any products or services not mode and provided by GE Healthcare fi anything external to the ViewPoint Software including without limitation building structural deficiency power surge fluctuation or failure or air conditioning failure j a failure of Customer s local area network or wide area network that prevents the transmission of image data intended for diagnostic review at the destination k anything beyond GE Healthcore s reasonable control other than Support Service necessitated by normal ViewPoint Software usage and ili any Customer provided service not performed in accordance with GE Healthcare policies and procedures or GE Healthcore s written instructions provided by GE Healthcare to Customer Replacement of disposable or consumable items and supplies such as but not limited to printer toner or cartridges storage media or tapes Any additional services provided outside of GE Healthcare s Support Services under this SMA are subject to stondard hourly billing 5 2 Continuing Support GE Healthcare wili not be obligated to continue to provide Support Services to Customer during the Support Term
112. orming components Note The battery for Service Warranty Code ZZ hos a 2 year warranty for stationary applications and a 6 month warranty for mobile application For detailed worranty information please refer to the Product Manufacturer s warranty certificate Warranty Codes for Accessories and Supplies Rev 08 14 Page 2 of 2 GE Healthcare Confidential amp Proprietary Warranty Statement GE Brand Specialty Components Detectors Probes X Ray Tubes and Image Intensifier Tubes GE Healthcare United States This GE Healthcare Warranty Statement GE Brand Specialty Component s Detectors Probes X Ray Tubes and Image intensifier Tubes United States supplements and incorporates by reference the GE Healthcare i Quotation that identifies the Product offering purchased or licensed by Customer fii Warranties iii Additional Terms and Conditions ivl Product Terms and Conditions and v General Terms and Conditions collectively referred to as the Agreement 1 Warranted Products and Scope These warranties cover the purchase and use of the GE Healthcare detectors probes and or tubes X ray CT or image intensifier hereafter Specialty Components listed in the GE Healthcare Quotation This warranty statement incorporates GE Healthcare s General Terms and Conditions and to the extent applicable fa GE Healthcare s Product Terms and Conditions bi GE Healthcare s Service Terms and Conditions and or c GE Healthca
113. ors of third party software shall be third party beneficiaries of this Agreement with respect to third party software sublicensed under this Agreement Customer may permit its employees agents independent contractors and heolthcore providers with privileges at Customer s facilities to use the software and Documentation provided however that Customer shall be responsible for any acts of such third parties that are inconsistent with this Agreement Notwithstanding the foregoing independent contractors that supply products comporoble to the software shall be provided access to the softwore only with GE Healthcore s prior written consent and subject to any conditions GE Healthcore deems appropriate to protect its confidential and proprietary information Customer acknowledges that GE Healthcare may request Customer and Customer Personnel to register online os o licensee for receipt of certain service software and related Documentation 2 2 Additional License Terms Without GE Healthcare s prior written consent Customer may not li copy sublicense distribute rent lease loan resell modify or translate the software or create derivative works based thereon except that to the extent applicable the software may be configured as specifically permitted in the Documentation ii directly or indirectly decompile disassemble reverse engineer or otherwise attempt to learn the source code structure algorithms or ideas underlying the software iii provide
114. ossession of the receiving party prior to its disclosure or transfer and the receiving party can so prove liii is independently developed by the receiving party and the receiving party can so prove or liv is received from another source without any restriction on use or disclosure GE Healthcare understands thot Customer may be subject to State Open Records laws Customer shall not be prohibited from complying with such Open Records laws if required to do so however Customer shall to promptly notify GE Healthcare in writing of any such Open Records laws requests b give GE Healthcare sufficient time to challenge the request or redact any necessary information to the extent permitted by law and c only provide such information as is necessory to comply with such Open Records laws 12 Governing Law The low of the State where the Product is installed or the Service is provided will govern this Agreement 13 Force Majeure Neither party is liable for delays or failures in performance other thon payment obligations under this Agreement due to a cause beyond its reasonable control In the event of such deloy the time for performance shall be extended as reasonably necessary to enable performance 14 Assignment Use of Subcontractors Neither party moy assign any of its rights or obligations under this Agreement without the prior written consent of the other party which consent shall not be unreasonobly withheld provided however that either par
115. oviding and maintaining connectivity to the Vscon systems modem iine internet connection VPN persistent access broadband internet connection or other secure remote access reasonably requested by GE Healthcare to perform support services and meet service levels including remote diagnostic monitoring and repair services 49 Customer Responsibilities It is the responsibility of Customer to ensure that any PHI is removed from the system before such system is shipped to the applicable GE Healthcare facility for repair or replacement refer to the applicable sections of the Vscan Product user monual for further instructions Customer agrees to indemnify GE Healthcare for any loss whatsoever resulting from any PH thet is not removed from the system The parties agree that GE Heaithcare shail have no obligations whatsoever in connection with any PHI not properly removed from the system by Customer It is further the responsibility of Customer to ensure thot the system and any related probes or attachments are clean and free of bodily fluids and other material that may have the potential to carry disease prior to shipment to any GE Healthcare Service Depot GE Heoclthcare Additional Terms and Conditions and Warranties Page 3 of 3 Ultrasound amp Vscan Rev 08 14 GE Healthcare Confidential amp Proprietary Additional Terms and Conditions ViewPoint Software Maintenance GE Healthcare These Additional Terms and Conditions ViewPoint S
116. propriate list price 13 APPLICABLE LAW This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof 14 COMPLIANCE WITH LAWS a ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations including the requirements of the Fair Labor Standards Act of 1938 as amended b The Customer shall be responsible for compliance with any federal state and local laws and regulations applicable to the instalation or use of the Equipment fumished hereunder and will obtain any permits required for such installation and use 15 NON WAIVER OF DEFAULT In the event of any default by the Customer ZOLL Medical Corporation may decline to make further shipments or render any further warranty or other services without in any way affecting its right under such order If despite any default by Customer ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation s legal remedies regarding any such default No claim or right arising out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is suppor
117. re s OnDemand Agreement GE Healthcare warrants that starting with the Warranty Commencement Date and for the Warranty Period each as defined below i the Specialty Components will be free from defects in title material and workmanship under normai use and service and ii except for any Specioity Components manufactured in compliance with Customer s designs or specifications the Specialty Components will perform substantially in accordance with GE Healthcare s written technical specifications for the Specialty Components as such specifications exist on the date the Specialty Componentts is shipped Specialty Components Specifications This warranty statement defines GE Healthcore s warranty obiigations for both parts and labor and is available only to end users that purchase the Specialty Components from GE Healthcare or its authorized distributors The Warranty Period for all warranties except the worranty of title and the Patent and Copyright Warranty is limited in time as shown below 2 Warranty Commencement Date and Warranty Periods 2 1 Determining Warranty Periods For A Specialty Components The Warranty Period start date Warranty Commencement Date for the Specialty Component s supplied as part of a new system installation will be the system installation date The Warranty Commencement Date for a replacement Specialty Componentis is determined by i the date GE Healthcare installs the Specialty Components or ii i
118. reement shall be required sd prosecution under this subdivision It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he laced jurisdiction or for any other reason It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after 1 the decision opinion recommendation vote or other exercise of discretion has occurred or 2 the public servant ceases to be a public servant It is an exception to the application of Subdivisions 1 2 and 3 of Subsection a that the benefit is a political contribution as defined by Title 15 Election Code or an expenditure made and reported in accordance with Chapter 305 Government Code An offense under this section is a felony of the acon degree i B 36 08 Gift to Public Servant by Person Subject to His Jurisdiction a b d e f g h B 36 09 Offering Gift to Public Servant a A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits accepts or agrees to accept any benefi t from a person the public servant knows to be subject to regulation inspection or investigation by the public servant jor his agency A public servant in an agency having cust
119. rer s or dealer s option of defective products or ports Note The battery for Service Warranty Code D has a 1 year warranty For detailed warranty information please refer to the Product Manufacturer s warranty certificate E GEHealthcare directly or through a sub contractor provides installation in some cases with an additional charge basic functional troubleshooting no technical labor with supplier phone support and coordination of unit exchange or loaner program for in factory service GE Healthcare arranges for the third party Product Manufacturer or its dealers to provide in factory service At no charge during the warranty period and ot manufacturers or deoler s prevailing service rates outside of the warranty period Products must be returned to the manufacturer or dealer at GE Healthcare s expense during warranty and Customer s expense after warranty for repair GE Healthcare refers to the Product Manufacturer warranty which provides the following Basic functional troubleshooting no technicol labor with supplier phone support and replacement of non conforming products or parts which Customer returns to the manufacturer or dealer during the warranty period Note For detailed warranty information please refer to the Product Manufacturer s warranty certificate G J Oand Q GE Healthcare refers to the Product Manufacturer warranty which provides the following Start up and commissioning basic functionai troubleshooting
120. rn the defective probels and or partis within this time frame will result in additional probels and or partis charges 2 7 Trade In Systems Customer wil not receive credit for any unused warranty on a trade in system 2 8 Exclusions GE Healthcare shall not have any obligation to Customer hereunder if o warranty claim results from or arises out of a LOGIQ e and or Venue system thot hos i been immersed in any liquid fii been lost or stolen ii had the serial number altered defaced or removed without the written permission of GE Healthcare or liv had damage caused by normal wear and tear or otherwise due to norma aging of the Product If upon orrival of the LOGIQ e and or Venue system at the GE Healthcare Service Depot GE Healthcare determines thot the damage to the LOGIQ e ond or Venue system was the result of the above GE Healthcare will decline the warranty service request and contact the Customer regarding charges for servicing such system 2 9 Network Unless Customer hos elected to purchase network preparation and certification services from GE Healthcare as set forth in the Quotation Customer is solely responsible for ensuring that Customer s network is odequate for the proper operation and performance of the LOGIQ e and or Venue system s and otherwise meets GE Healthcare s written network configuration requirements This responsibility includes providing and maintaining connectivity to the LOGIQ e and or Venue system s modem l
121. rvant or any other benefit to which the public is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a public servant 2 a gift or other benefit conferred on account of kinship or a personal professional or business relationship independent of the official status of the recipient or 3 a benefit to a public servant required tb file a statement under Chapter 572 Governmental Code or a report Title 15 Election code that is derived from a f nction in honor appreciation of the recipient if t i A the benefit and the source of any benefit in excess of 50 is reported in the statement and B the benefit is used solely to defray the expenses that accrue in the performance of the duties or activities in connection with the office Which are non reimbursable by state of political subdivision 4 a political contribution as defined by Title 15 Election Code 5 a gift award or memento to a member ofthe legislative or executive branch that is required to be reported under chapter 305 Government code 6 an item with a value of less than 50 excluding cash or a negotiable instrument as described by Section 3 104 Business and Commerce code or i 7 an item issued by a governmental xd that allows the use of property of facilities owned leased or operated by the governmental entity b Section 36 08 Gift to Public Servant does not apply to food lodging transportation or entertainment accepted a
122. s Three 3 years from installation or thirty nine 39 months from GE Healthcare invoice whichever occurs sooner Tec 7 Vaporizers Three 3 years of parts and labor Tec 6 Plus Vaporizers Two 2 years of parts and labor Accessories and Supplies GE Healthcare s catalog and or website includes a Service Worranty Code which identifies the installation warranty applications and post warranty service if any provided for each accessory and supply product Following ore the warranty periods for accessories ond supplies Service Warranty Code T 100 Years Service Warranty Code V 45 Years Service Warranty Codes X 15 Years Service Worranty Code 22 Service Warranty Codes D J N O R or Zaa d Service Warranty Codes A B C E G L P Q S or Y Service Warranty Code H Service Warranty Code K Service Warranty Code M Service Warranty Code W Nu Months saa s Month Out of Box Failure Only Warranty State ment United States Rev 08 141 Page 4 of 4 GE Healthcare Confidential amp Proprietary Warranty Codes For Accessories And Supplies GE Healthcare These GE Healthcare Warranty Codes For Accessories and Supplies supplements and incorporates by reference i the GE Healthcare Quotation that identifies the Product offering purchased or licensed by Customer ii the following documents as applicable if attached to or referenced in the Quotation the o Warranties and b Add
123. s Customer to take possession of the first copy or product master or tii delivery to Customer s designated delivery location 1 5 3 Product Returns Customer shall not have any right to return Products for a refund after delivery except for products shipped in error that are different from the Products listed in the Quotation GE Healthcare Product Terms ond Conditions Rev 08 14 Page 1 of 3 GE Healthcare Confidential amp Proprietory 1 3 4 Replaced Component Returns Except for Healthcare IT Products for upgrades and revisions Customer agrees to return ony replaced component to GE Healthcore at no charge to GE Healthcare 14 Installation Certification and Professional Services GE Healthcare will provide Product assembly installation and calibration as required at no additional charge except i for items excluded herein and or tii as otherwise indicated in the Quotation If installation services are identified in the Quotation GE Healthcare will perform such services from 8am to 5pm local time Monday Friday excluding GE Healthcare holidays in accordance with applicable GE Healthcare installation guides and or project plans After hours installation is available for an additional fee Customer will review the applicable GE Healthcare installation guides and or project plans and perform Customer s obligations os set forth in those materials Upon completion of assembly installation and calibration of the Products as applicable GE H
124. s a guest and if the donee is required by law to report those items reported by the donee in accordance with that law c Section 36 09 Offering Gift to PubliciServant does not apply to food lodging transportation or entertainment accepted as a guest and if the donor is required by law to report those items reported by the donor in accordance with that law VENDOR COMPLIANCE TOSTATELAW The Texas Legislature passed House bill 620 agw Chapter 2252 of Texas Government code relative to the award of contracts to non resident bidders outs contractors whose corporate offices or principal place of business are outside of the state of Texas This law provides that in order to be awarded a contract as low bidder a non resident bidder s response for ERE improvements supplies or services in Texas be bid in amount lower than the lowest Texas resid nt bidder by the same amount that a Texas resident bidder would be required to underbid a non resident bidder in order to obtain a comparable contract in the state in which the non resident s principal place of business is located I NON RESIDENT BIDDERS The appropriate blanks must be filled out by all out of state or non resident bidders in order for such bid to meet specifications The failure of out of state or non resident contractor to do so will automatically disqualify that bidder 1 Non resident vendors in Illinois give state our principal place of business are req
125. sion 1 1 the standard warranty includes either i repair at a GE Healthcare Service Depot Repaired System or ii replacement with a new Vscon system of the same modei and version of the originally purchased Vscan system Replacement System The service delivery method will be decided at GE Healthcare s discretion International shipments for repairs ond foaners ore not covered under this warranty If GE Healthcare decides to repair the Customer s Vscan system at an authorized GE Healthcare Service Depot GE Healthcare will perform the repair within five 5 business days after receipt of the Vscan system excluding GE Healthcare holidays In addition GE Healthcare technical support is available vio telephone from 7 00 am to 7 00 pm Central Time Monday Friday excluding GE Healthcare holidays Customers receiving a Replacement System must provide a purchase order or credit cord before GE Healthcare wili ship the Replacement System to the Customer Any Customer receiving a Replacement System under this Vscan warranty must return the defective Vscan system to GE Healthcare within seven 7 days of receipt of the Replacement System Failure to return the defective Vscon system to GE Healthcare will result in the Customer being charged the full list price of the Replacement System THE BALANCE OF THE WARRANTY PERIOD FOR ANY REPAIRED SYSTEM OR REPLACEMENT SYSTEM WILL BE THE REMAINING TERM OF THE WARRANTY APPLICABLE TO THE ORIGINALLY PURCHASED VSCAN
126. site Customer sholi be responsible for proper management storage and disposai of all service and or instailation related waste unless G Healthcare is legaily required to take back the materials e g batteries WEEE pockagingl 2 5 Ports Not Supplied By GE Healthcare GE Healthcare recommends the use of parts that it hos il validated through configuration and ii received from authorized suppliers GE Healthcare is not responsible for the quality of parts supplied by third parties to Customer GE Healthcare cannot assure Product functionality or performance when non GE Healthcare paris are used on the Product 2 6 Training Any Product training identified in the Quotation shall be in accordance with GE Healthcare s then current training offerings and terms Customer agrees that completion of GE Healthcare s training offerings does not guarantee that Customer and Customer Personnel ore fully and completely trained on the use maintenance and operation of the Product or that completion of GE Heaithcare s training will satisfy any licensure and or accreditation standards Customer further agrees thot it is Customer s sole and non delegabie duty to ensure that Customer and Customer Personnel are properly trained on and fully quolified in the use and operation of the Product Unless otherwise stated in the training catalog description training must be compieted by Customer within twelve 12 months after li the date of Product delivery for training
127. stomer to a government healthcare program or patient is submitted accordingly ix prior to returning the Loaner to GE Healthcare Customer shall ensure the complete deletion of any and al information including PHI that may have been stored in the Loaner or any of its accessories x such deletion shali be completed in accordance with any user instructions provided by GE Healthcare and or industry standards b in the event Customer is unable for technical reasons to complete the deletion Customer shall provide immediate notice of this to GE Healthcare and GE Healthcare staff shall use commercially reasonable efforts to facilitate the deletion of information xii Customer ogrees to indemnify GE Healthcare for any loss whatsoever resulting from any information that is not removed from the Loaner ond GE Healthcare shail have no obligations whatsoever in connection with any information that is not properly removed from such Loaner by Customer It is within GE Heolthcore s sole discretion to provide Customer with a Loaner while warranty or Service repairs are ongoing This provision is not opplicable to GE Healthcare IT Products GE Healthcare General Terms and Conditions Rev 08 14 Page 4 of GE Healthcare Confidential amp Proprietary Product Terms and Conditions GE Healthcare These GE Healthcare Product Terms and Conditions supplement and incorporate by reference i the GE Healthcare Quotation that identifies the Product offer
128. t however they will not be opened nor considered in the evaluation of the bids Bids may be withdrawn at anytime prior to the official opening Bids may not be altered amended or withdrawn after the official opening without the approval of the Montgomery County Hospital District The Montgomery County Hospital District is exempt from Federal Excise and State Sales Tax ats The Montgomery County Hospital District reserves the right to accept or reject in part or in whole any bids submitted and to waive any technicalities for the best interest of Montgomery County Hospital District The bid award will be made to the lowest responsible bidder whose bid is complete and determined to be responsive and represents the best value to the District Your bid must be submitted with this form All bids must meet or exceed the attached specifications however alternate bids will be considered if accompanied by published specifications anda detailed listing of points that do not meet the attached specifications MCHD reserves the right however to hold to the attached spea igations and to determine or equal status The undersigned agrees if the bid is accepted to furnish any and all items upon which prices are offered at the price s and upon the terms and conditions contained in the specifications The period for acceptance of a bid will be calendar days 60 Calendar days unless a different period is inserted by the bidder after the openin
129. t only s to the terms and conditions of the current Texas Panasonic DIR Contract TSO 2520 1 i Title 8 OFFENSES AGAINST PUBLIC ADMINISTRATION TIEXAS PENAL CODE i i i i B 36 02 Bribery a b e d e i A person commits an offense if he intentionally or knowingly offers confers or agrees to confer with another or solicits accepts or agrees to accept from another 1 any benefit as consideration for the redipient s decision opinion recommendation vote or other exercise of discretion as a public servant party official or voter 2 any benefit as consideration for the recipient s decision vote recommendation or other exercise of official discretion in a judicial or administrative proceeding or 3 any benefit as consideration for a violation of a duty imposed by law on a public servant or party official 4 any benefit that is a political contribution as defined by Title 15 Election Code or that is an expenditure made and reported in accordance with Chapter 305 Government Code if the benefit was offered conferred solicited acceptor agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion of such exercise of official discretion would not have been take or withheld but for the benefit notwithstanding any rule of evidence or jury instructions allowing factual inferences in the absence of certain evidence direct evidence of the express ag
130. te os this term is defined in the GE Heaithcare Warranty Statement United States 2 2 LOGIQ e and Venue Warranty Remedies The standard warranty includes i repair service at a GE Healthcare Service Depot ii technical support via telephone from 7 00 am to 7 00 pm Central Time Monday Friday excluding GE Healthcare holidays ond ii o loaner system delivered via Fed Ex to the Customer when available shipping charges included For an additional chorge GE Healthcare will also provide the following enhanced warranty features as part of the LOGIQ e and or Venue system warranty o field support service b preventative maintenance coverage and c coverage for system damage due to defects caused by accidental dropping or mishandling with a maximum of two 2 replacement systems during the warranty period International shipments for repairs and loaners are not covered under this warranty 2 3 Tronsducer and Peripheral Product Warranty Period Except as otherwise set forth in this section the warranty period for all transducers ond peripherals purchased with the LOGIQ e and or Venue shall be the same sixty 60 month warranty period as set forth above The warranty period for the following transducers and peripherals is twelve 12 months from the Warranty Commencement Date as this term is defined in the GE Healthcare Warranty Statement United States Transducers 6Tc RS i7 39 RS t739 RS and i12L Corts Venue Docking Cart LOGIQ e Isol
131. ted by consideration and is in writing signed by ZOLL Medical Corporation 16 ASSIGNMENT This Quotation and the Contract may not be assigned by the Customer without the prior written consent of ZOLL Medical Corporation and any assignment without such consent shall be nuil and void 17 TITLE TO PRODUCTS Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corporation Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right without liability to repossess the Equipment with or without notice and to avail itself of any remedy provided by law 18 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION VETERAN S EMPLOYMENT If this order is subject to Executive Order 11710 and the rules regulations or orders of the Secretary of Labor issued thereunder the contract clause as set forth at 41 CFR 60 250 4 is hereby included as part of this order EMPLOYMENT OF HANDICAPPED if this order is subject to Section 503 of the Rehabilitation Act of 1973 as amended and the rules regulations or orders of the Secretary of Labor as issued thereunder the contract clause at 41 CFR 60 741 7 is hereby included as part of this order EQUAL OPPORTUNITY EMPLOYMENT if this order is sub
132. the exposure counter reading on the instaliation date Warranty Statement GE Brand Specialty Component s Page 1 of 3 iDetectors Probes X Ray Tubes and Image intensifier Tubes United States Rev 08 14 GE Healthcare Confidential amp Proprietary gt t For a Specialty Componentls sold with new equipment no service charges will be billed to Customer for the installation of the replacement Specialty Components so long as replacement occurs between 8 00 a m to 5 00 p m local site time Monday Friday excluding GE Healthcare holidays Standard Coverage Hours and subject to the avoilabii lity of personnel Services performed outside Standard Coverage Hours will be provided at GE Healthcore s then prevailing hourly billed service rates ot the time of service 4 Remedies If within ten 10 days after the Specialty Componentis failure Customer a notifies GE Healthcore of Customer s warranty claim during the Warranty Period ib provides GE Healthcare with the information shown below and c makes the Specialty Components available for service GE Healthcare will at its option either repair adjust or replace with new or exchange replacement parts the non conforming Specialty Component s or ports of the Specialty Component s Customer must provide to GE Healthcare in writing il the serial number of the Specialty Components ii the location and serial number of the system on which the Specialty Componentis was inst
133. the reason for the absences However an accommodation will be made concerning the automatic cessation of employment under this policy if you meet the definition of a qualified individual with a disability under the Americans with Disabilities Act of 1990 and you advice Human Resources of your desire to return to work and a reasonable accommodation to you can be made without imposing an undue hardship on the operation of the Company s business In addition if you employment terminates as a consequence of military leave you will be re employed consistent with the requirements and obligations of the Uniform Services Employment and Reemployment Rights Act Any termination carried out in accordance with this policy shall not be subject to MCHD s Disciplinary and Grievance Procedure HR 25 504 HR 250504 Disciplinary and Grievance Procedure Original Date 04 2015 Review Revision Date 05 2015 X Supersedes all Previous Approved by Board of Directors 06 02 2015 wy MCHDZ Montgomery County TOBACCO USE SMOKE FREE Page J of 1 wm pital District WORKPLACE Policy Number CAAS Reference Number HR 25 408 poe 72 POLICY MCHD is a tobacco and smoke free workplace including the use of electronic smoking devices When using tobacco or electronic devices employees are expected to exercise common courtesy use their better judgment and to respect the needs and sensitivities of co workers Tobacco users have a special obligati
134. ting even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for Objection No addition to or modification of any of the terms and conditions specified herein shall be binding upon Supplier unless made in writing and signed by a duly authorized representative of Supplier The terms and conditions specified shall prevail notwithstanding any variance from the terms and conditions of any order or other form submitted by Buyer for the Products set forth on the face of this Agreement To the extent that this writing may be treated as an acceptance of Buyer s prior offer such acceptance is expressly made conditional on assent by Buyer to the terms hereof and without limitation acceptance of the goods by Buyer to the terms hereof and without limitation acceptance of the goods by Buyer shall constitute such assent All cancellations and reschedules require a minimum of thirty 30 days notice ZOLL Medical Corporation Agenda Item 15 MDF We Make a Difference To Board of Directors From Stephani Ochoa Materials Management Manager Date May 26 2015 Re GE Vscan Sole Source Letter Consider and act on sole source letter for purchase of four 4 Vscan Ultrasound Units Mr Fawn Chair EMS Committee Budgeted amount is 32 400 but the total amount for the 4 units is 36 526 40 GE had a price increase from the time we solicited a quote during last year s budget planning
135. tional Terms amp Conditions For Ultrasound Products Excluding Vscan 1 1 Use for Clinical Diagnostic Purposes Only IN ADDITION TO ANY PROVISIONS SET FORTH IN SECTION 2 1 OF THE GE HEALTHCARE GENERAL TERMS AND CONDITIONS CUSTOMER AND CUSTOMER PERSONNEL WILL USE THE PRODUCTS ONLY FOR CLINICAL DIAGNOSTIC PURPOSES IN THE DIAGNOSIS OR TREATMENT OF A DISEASE OR CONDITION AND NOT FOR ANY ENTERTAINMENT RECREATIONAL OR AMUSEMENT PURPOSES GE HEALTHCARE WILL NOT DELIVER INSTALL SERVICE OR PROVIDE TRAINING ON USE OF THE PRODUCTS IF GE HEALTHCARE DISCOVERS THE PRODUCTS HAVE BEEN OR ARE INTENDED TO BE USED FOR ANY NON CLINICAL PURPOSE SUCH USE OR INTENDED USE OF THE PRODUCTS FOR NON CLINICAL PURPOSES WILL VOID ANY APPLICABLE PRODUCT WARRANTY 1 2 For Mobile Systems Only For Products that are approved by GE Healthcare for use as transportable relocatable and mobile systems GE Healthcare will deliver the system to Customer s van manufacturer and furnish final assembly services to place the system in Customer s van At the time of order Customer must notify GE Healthcare of the van manufacturer to which the system is to be shipped it is Customer s responsibility to make arrangements with the van manufacturer for delivery of the van and to comply with any additional planning requirements of the van manufacturer 13 Initial Product Training if applicable for the Product being acquired GE Healthcare will provide reasonable initial Product training for Custom
136. ts GE Healthcare IT Products and GE Brand Specialty Components Detectors Probes X Ray Tubes ond Image Intensifier Tubes are covered by a seporate warranty statement provided in an applicable GE Healthcare Quotation 27 Third Party Software and Equipment This warranty stotement does not cover Third Party Software and Equipment as defined herein delivered with the Warranted Products commonly identified by NL or NW series numbers in GE Healthcare s Quotation Third Party Software and Equipment means any non GE Healthcore software or equipment i delivered to Customer in the third party monufacturer supplier s packaging and with its labeling or ii for which GE Healthcare expressly indicates either in the GE Healthcare Quotation or in the product documentation that the software or equipment is provided with the third party manufacturer supplier s warranty in lieu of o GE Healthcare warranty Such products are covered by the third party manufacturer supplier s worranties to the extent available Anesthesia monitor mounting solutions Third Party Software and Equipment purchased directly from GE Healthcare will not be treated as Third Party Software or Equipment 3 Warranty Commencement Unless expressly provided otherwise in this warranty statement or the applicable GE Healthcare Quotation the warranty period begins the Warranty Commencement Date on the earlier of i if GE Healthcare installs the Warranted Product five 5 days aft
137. ty moy transfer and assign this Agreement without the other party s consent to any person or entity except to a GE Healthcare competitor that is an affiliate of such party or that acquires substantially cll of the stock or assets of such party s applicable business if any such assignee agrees in writing to be bound by the terms of this Agreement including the payment of any existing or outstanding fees and invoices Subject to such limitation this Agreement shall be binding upon and inure to the benefit of the parties ond their respective successors and permitted assigns This Agreement shall not be terminable in the event of any Customer stock or asset sale merger acquisition or change in control unless otherwise expressly agreed to in writing by GE Heaithcare GE Healthcare may hire subcontractors to perform work under this Agreement including but not limited to work that involves access to Protected Health Information as such term is defined in 45 C F R 8 160 103 PHI provided that GE Healthcare will at all times remain responsible for the performance of its obligations and duties under this Agreement 1 5 Amendment Waiver Survival This Agreement may be amended only in writing signed by both parties Any failure to enforce any provision of this Agreement is not a waiver of that provision or of either party s right to later enforce each and every provision The terms of this Agreement thot by their nature are intended to survive its expir
138. ue2 pue pasewep u q seu yun agenes PUN XIuO11IN ZST9 6L8T T paneda aq Jouued pue uod 10129uu02 aui Je Supjeo si PUN agenes PUN XIUOJ3IN I8tE I88T I uoseay uonduos q PNpoid BeL GHW Jequinw jeuas Ainuenp
139. ufacturer or service provider fiii Customer is solely responsible for ensuring thot the acquisition and use of such products and or services is in compliance with applicable laws and regulations including opplicable FDA regulations and iv Customer is solely responsible for any and all claims resulting from or related to the acquisition or use of such products and or services This section shall not apply to Healthcare IT Products 2 Software License 2 1 License Grant GE Healthcare grants to Customer a non exclusive non transferable license to use for Customer s internal business purposes the GE Healthcare software third party software and Documentation solely for use on the Products and at the location or for mobile systems in the specific vehicle as identified in the Quotation subject to the license scope ond Documentation and other restrictions set forth in this Agreement Documentation means the GE Healthcare user manuals on line help functions technical specifications and user instructions regording the operation installation ond use of the software as made available by GE Healthcare to Customer under this Agreement Customer may only use third party software provided by GE Healthcare together with the GE Healthcare software and will comply with all third party software license terms included in any click or shrink wrap license or of which GE Healthcare otherwise mokes Customer aware To the extent permitted by applicable low licens
140. uired to be 0 gt percent lower than resident bidders by state law Please attach a capy of that statute 2 Non resident vendors in give state our principal place of business are not required to underbid resident bidders The only advantage to resident Illinois bidders i is that in the case of a tie in state companies have preference RESIDENT BIDDERS Resident bidders must check below Our principal place of business or corporate offices are located in the State of Texas Yes BIDDER i Please Print Company CDW Government LLC By Brandi Steckel Title Signature Address _230 North Milwaukee Ave _Vernon Hills IL 60061 THIS FORM MUST BF RETURNED WITH YOUR QUOTATION BID EVALUATION The MCHD reserves the right to accept or reject in part or in whole any bid submitted and to waive any technicalities for the best interest of MCHD MCHD reserves the right to determine or equal status The bid award shall be based on but not necessarily limited to the following factors 1 Unit Price f 2 Total bid price 3 Terms and discounts 4 Delivery date 5 Results of testing samples I 6 Special needs and requirements of MCHD 7 Past experience with product service 8 Vendor s past performance 9 District s evaluation of the vendor s ability financial strength and high ethical standards 10 Demurrage changes freight costs and mileage 11 Estimated cost of s
141. upplies maintenance storage etc 12 Estimated surplus value life expectancy 13 Location of manufacturing plant and or factory 14 Location of maintenance facility service person ability to provide service for minimum downtime 15 Product warranty i 16 Conformity to specification 17 Training requirement location cost 18 Replacement parts pricing 19 Reference information PERFERENCE Consideration may be given to local bidders for services and local stocks when evaluating bids but only to the extent allowed by law This consideration will be commensurate with the economic benefits provided to MCHD when making such purchases 4 Texas Resident Bidders Except for contracts involving federal forms a contract may not be awarded to a non resident out of state bidder unless a non resident s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that the Texas resident bidder would be required to underbid a non resident bidder to obtain a comparable contract in the state in which the non resident s principle place of business is located This does not apply in circumstances where non resident bidder is owned bya majority owner or a parent company with its principle place of business in the Texas Government Code Chapter 2252 relating to bids by non resident bidders ALL BIDS MUST BE SIGNED BY HAND IN THE SPACE MARKED SIGNATURE Firm Prices Unless otherwise stated in the specif
142. urs GE Healthcare shall provide Customer with one 1 replacement detector during the warranty period at no additional charge If subsequent accidental damage occurs during the warranty period each additional replacement shall be provided to Customer at a charge of 30 000 per replacement detector Warranty coverage for the detector ond its components also excludes failures due to detrimental exposure abuse theft loss and or fire If the warranty is voided by these conditions repair or replacement of the detector and or the components is the Customer s responsibility GE OEC New or Exchange Service Maintenance Parts Ninety 90 days GE OEC Refurbished C Arms Twelve 12 months after installation HealthNet Lan Advantage Review Remote Products Ninety 90 days Vivid T8 Three 3 years ports and labor includes TEE probes purchased with the Vivid TB Vivid i Vivid e Vivid q Voluson i Voluson e and LOGIQBook XP Standard warranty includes i repair services ot GE Healthcare service facilities ii three 3 business day turnaround repair time for systems shipped via overnight delivery where available measured from the date of shipment GE Healthcare is not responsible for delays in overnight shipment tiii seventy two 72 hour loaner systems or probe replacement service via Fed Ex shipping charges included and iv technical support via telephone from 7 00 am to 7 00 pm Central Time Monday Friday excluding GE Healthcare holidays For
143. y such award but it shall not be responsible for any settlement made without its written consent Section 10 states ZOLL Medical Corporation s total responsibility and liability s and the Customer s sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder In no event shall ZOLL Medical Corporation be liable for any indirect special or consequential damages resulting from any such infringement 11 CLAIMS FOR SHORTAGE Each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof The Customer shall inform ZOLL Medical Corporation of any shortage in any shipment within ten 10 days of receipt of Equipment If no such shortage is reported within ten 10 day period the shipment shail be conclusively deemed to have been complete 12 RETURNS AND CANCELLATION a The Customer shall obtain authorization from ZOLL Medical Corporation prior to retuming any of the Equipment b The Customer receives authorization from ZOLL Medical Corporation to retum a product for credit the Customer shall be subject to a restocking charge of twenty percent 20 of the original list purchase price but not less than 50 00 per product c Any such change in delivery caused by the Customer that causes a delivery date greater than six 6 months from the Customer s original order date shall constitute a new order for the affected Equipment in determining the ap

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