Loading...
HomeMy WebLinkAboutContract 63553CSC No. 63553 CITY OF FORT WORTH ASSIGNMENT Effective July 1", 2025, for value received Metropolitan Area EMS Authority dba MedStar Mobile Healthcare ("Assignor"), hereby assigns to City of Fort Worth ("Assignee"), all of its right, title and interest in and to any and all sums of money now due or to become due from Abbott Point of Care to Assignor under the Comprehensive Service Plan Agreement, Contract # 1069748, dated October 5"', 2023(the "Contracts") between Assignor and Abbott Point of Care and Assignee agrees to assume and perform all duties and obligations required by Assignor under the terms of the Contracts. This Assignment constitutes the entire agreement between Assignor and Assignee with respect to the subject matter hereof. No modification of any provision of this Assignment shall be effective unless in writing and signed by Assignor and Assignee. This Assignment shall inure to the benefit of and be binding upon Assignor and Assignee and their respective successors and assigns. This Assignment shall be governed by the terms of the Contracts and the laws of the State of Texas, without application of principles of conflicts of law. This Assignment may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or e-mail, and any such signature shall have the same legal effect as an original. Dated the / 3 day of —,Tv A J 6-- 2025. Metropolitan Area EMS Authority dba MedStar Mobile Healthcare (Assignor) By: Print: Frank Gresh ' Title: Interim Chief Executive Officer City of Fort Worth (Assignee) �v- By: Z Print: William Johnson Title: Assistant City Manag OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Pagel of3 NOTARY ACKNOWLEDGEMENT On the / 3 day of 7�-v 2025, personally appeared �"jwho acknowledged to me that (s)he is the Interim Chief Executive Officer f Metropolitan Area EMS Authority dba MedStar Mobile Healthcare ("Assignor"), and that (s)he executed this document for the purposes and consideration contained herein. Metropolitan Area EMS Author' dba MedStar Mobile Healthcare By: _ Print: Frank 6r� Title: Interim Chief Executive Officer SUBSCRIBED TO before me on this 1:i!�h day of :S'x 1(, 52025. MONICACRUZ My Notary ID # 12650016 Notary Public in an or the ate of TAR S Eires May 20, 2028 My commission Expires: _Ma( NOTARY ACKNOWLEDGEMENT I 11 11 On the 5 day of p1 VU\R, 2025, personally appeared �NLI LGIM �� p(�t1Wv% , who acknowledged to me that (s)he is the Assistant City Manager of City of Fort Worth ("Assignee"), and that (s)he executed this document for the purposes and consideration contained herein. By: of Fort Worth/ Print: William Johnson Title: Assistant City Manager � SUBSCRIBED TO before me on this a5 day of Od oh e-- , 2025. uldo-W - --H uk-� 4 Kota Y Public in and for the State ofQXtt$ My commission Expires: -),(a../,�p�.` Linda Hir Expires { My Commission Expres 2/2/2026 Notarryy ID a 124144746 Assignment Page 2 of CONSENT TO ASSIGNMENT Effective July 1", 2025, Medical Priority Consultants, Inc. dba Priority Dispatch Corp. consents to the assignment of the Comprehensive Service Plan Agreement, Contract # 1069748, dated October 5th, 2023 (the "Contracts") between Medical Priority Consultants, Inc. dba Priority Dispatch Corp. and the Metropolitan Area EMS Authority dba MedStar Mobile Healthcare ("Assignor") to City of Fort Worth ("Assignee"), including all Abbott Point of Care rights, title, and obligation owing and all funds due or to become due to Assignor under the Contracts as long as all terms required of Assignor in said Contracts are met by Assignee. Abbott Point of Care Abbott Digitally signed by Justin Phan By: Date: 2025.06.09 08:47.43 -04'00' Name: Justin Phan Title: Service Agreements Specialist Date: 09-Jun-2025 Assignment Page 3 of 3 DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B E),A,bbo. t:t COMPREHENSIVE SERVICE PLAN AGREEMENT Contract # 1069748 Device This Agreement is made by and between the below listed customer ("Customer") and Abbott Point of Care ("Company"), with its principal place of business at 400 College Road East, Princeton, N3 08540. Telephone: 800-366-8020, Option #4 Fax: 847-785-8719 E-Mail Address: serviceagreements@apoc.abbott.com Ship To: 00043731 MEDSTAR MOBILE HEALTHCARE 2900 ALTA MERE DR FORT WORTH, TX 76116-4115 United States Contact: Lisa Gray Bill To: 56703783 MEDSTAR MOBILE HEALTHCARE 2900 ALTA MERE DR FORT WORTH, TX 76116-4115 United States Purchaser (gray@medstar911.org Telephone: 817-713-3254 I. GENERAL: The Company agrees to provide a maintenance service plan based on the following equipment ("Products") in consideration for the stated payments made by Customer in accordance with the Comprehensive Service Plan Agreement Service Definitions and Limitations. Product Summary Product Name Qty Days of Annual Price Term Price Service 06F23-90 2+ Year Device Service Plan PKG 8 1095 $859.63 $20,631.12 Total: $ 20, 631.12 Group: Preferred 2023 2+ Yr Renewal II. SERVICE: All services rendered to the customer under this Agreement are in accordance with the Comprehensive Service Plan Agreement Service Definitions and Limitations (attached). III. TERM: The term of this Agreement is from: 14-Dec-2023 to 13-Dec-2026 The prices for service shown are firm for the Initial Term. Thereafter, any change in price shall be set forth and implemented on renewal of this Agreement. IV. PAYMENT: Charges for services provided under this Agreement will be invoiced by Company to customer upon return of this signed Agreement to Company. Charges for services rendered in excess of the services provided under this Agreement will be billed to the Customer as they are incurred at the then -current rates. Please issue your Purchase Order to Abbott Laboratories. payment terms are NET 30, V. Please select by checking your payment schedule below: Full payment X Annual payment i-STAT@ is a registered trademark of the Abbott Group of Companies in various jurisdictions. 15-Sep-2023 Page 1 of 3 DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B E Abbott Contract # COMPREHENSIVE SERVICE PLAN AGREEMENT 1069748 ACCEPTED AND AGREED Customer: MEDSTAR MOBILE HEALTHCARE Printed Name Kenneth J. Simpson —DocuSigned by: Signature ( �. �lWlpSblA �— 6E90EE2C233446E... Date 10/5/2023 Title CEO Purchase Order Number: 46 Abbott Point of Care Printed Name Yvette Samuel i—DocuSigned by: Signature I% sawed -A040EC4CD8EF41C... Date 10/5/2023 Title SURE Solutions Specialist i-STAT@ is a registered trademark of the Abbott Group of Companies in various jurisdictions. 15-Sep-2023 Device Page 2 of 3 MEv�Si�rx MOOILE HEALTHCARE B Metropolitan Area EMS Authority dba Medstar Mobile I Healthcare L 2900 Alta Mere Dr L Fort Worth, TX 76116 T Phone 817.923.3700 Fax 817.632.0537 O E Abbott Point of Care N 400 College Rd East D Princeton, NJ 08540 O R Purchase Order Fiscal Year 2024 Page: 1 of: 1 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Purchase Order # 46-01 Delivery must be made within doors of specified destination. — Metropolitan Area EMS Authority dba Medstar Mobile HHealthcare 1 2900 Alta Mere Dr p Fort Worth, TX 76116 Phone 817.923.3700 Fax 817.632.0537 T O I Vendor Phone Number Requisition Number Reference 20 Date Ordered Vendor Number Department/Location 10/05/2023 950995 L DGISTICS Item# Description/PartNo OTY UOM Unit Price Extended Price ISTAT analyzer service contract The Above Purchase Order Number Must Annear On All Correspondence - Packing Sheets And Bills Of Lading 1 IStat analyzer 3 year service areement, annual payment- serial 8.0 EACH $2,578.89 $20,631.12 number: 342346, 346424, 373921, 375370, 399238, 431758, 32648, 398548 GL Account: 10010 - 173002 $20,631.12 Ship To: Logistics Total Ext. Price $20,631.12 Total Freight $0.00 Total Credit $0.00 PO Total $20,631.12 DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B a'A',bb0t;6 COMPREHENSIVE SERVICE PLAN AGREEMENT L i, Contract # 1069748 Device End User Summary 00043731 MEDSTAR EMERGENCY MEDICA 2900 ALTA MERE DR FORT WORTH, TX 76116-4115 United States Serial # Days of Service 06F23-90i-STAT 1 ANALYZER 342346 1095 06F23-90 i-STAT 1 ANALYZER 1346424 1095 061`23-90 i-STAT 1 ANALYZER 1 373621 1095 06F23-90 i-STAT 1 ANALYZER 1375370 11095 061`23-90 i-STAT 1 ANALYZER 399238 1095 061`23-90 i-STAT 1 ANALYZER WIRELESS 5 GHz 1431758 11095 06F23-90 i-STAT 1 ANALYZER WIRELESS 5 GHz 1432648 1095 00051689 MEDSTAR MOBILE HEALTHCAR 2900 ALTA MERE DR FORT WORTH, TX 76116-4115 United States Serial # Days of Service 06F23-90i-STAT 1 ANALYZER 398548 1095 i-STAT@ is a registered trademark of the Abbott Group of Companies in various jurisdictions. 15-Sep-2023 Page 3 of 3 DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B Aubott Point of Care Comprehensive Device Service Plan Agreement Service Definitions and Limitations This document describes the Service Definitions and Limitations for the Comprehensive Device Service Package. During the Term of the Service Agreement ("Agreement") as identified therein, Abbott Point of Care Inc. ("APOC") will provide services to Customer in accordance with this document and the Agreement. 1. Eligible Products i-STAT® 1 and i-STAT® Wireless Analyzers are eligible for coverage under the Comprehensive Device Service Agreement. Coverage of analyzers includes coverage for i-STAT 18, serial and network downloaders, portable printers (those used to print directly from i-STAT analyzers to printer), and the i-STAT® electronic simulator. 2. Services Provided 2.1 Unlimited Equipment Returns. Included in the Device Service Package are unlimited returns, subject to the terms of the Agreement and these Service Definitions and Limitations, for all analyzers identified on the Agreement by serial number and used at Customer's location(s) ("Covered Analyzers"). Fees for Device Service Package are calculated based on the total number of Covered Analyzers. 2.2 Unlimited Associated Items Returns. Included in the Device Service Package are unlimited "Associated Items" returns, subject to the terms of the Agreement and these Service Definitions and Limitations, for all associated serial and network downloaders, portable printers (those used to print directly from i-STAT analyzers to printer), and electronic simulators during the Term of the Agreement 2.3 Additional Analyzers. If Customer purchases additional i-STAT analyzers, which are eligible for coverage under the Device Service Package, prior to the expiration or termination of the Agreement, such analyzers shall be prorated and placed under the Agreement at the beginning of each new term date based on the annual price set forth in the Agreement. 2.4 Equipment Replacement. Upon authorization by Abbott Point of Care ("APOC") Technical Support personnel, APOC will provide, at no charge to Customer, replacement of product(s) listed above in Section ("Eligible Products") and set forth in the Device Service Plan Agreement ("Service Agreement"), which, after consultation with APOC Technical Support, are deemed by APOC to be malfunctioning. Malfunctioning product(s) covered under the Service Agreement will be replaced with a replacement product shipped to a Customer's designated location via an overnight courier, priority service when possible. APOC Technical Services can be contacted at 800-366-8020 Opt. 1. 2.5 Reconditioned Products. Reconditioned products are routinely used as replacement product(s). Based on refurbished product availability, APOC reserves the right to substitute the malfunctioning product(s) for one of equal or greater capability as such per malfunctioning product(s). 3. Exclusions of Services and Replacement Products. This Device Service Plan excludes the following: 3.1 Paper, cartridges, supply items, power cords, batteries, and other consumables; 3.2 i-STAT® Portable Clinical Analyzer-PCA (P/N 210XXX) 3.3 Product(s) which show evidence of misuse or abuse including improper shipping, storing, handling, or operation, and unauthorized repairs and/or damages caused by batteries. Accidental Drops of the instrument are not considered to be misused or abused. 3.4 Product(s) which have been deleted from APOC's price list as set forth above or products which have been rendered obsolete, have been replaced and are no longer eligible for service from APOC; 3.5 CDS Version 4 and 5 and i-STAT® Automated Manual Entry (AME) interfaces. 3.6 Computers, computer monitors and computer printers. i-STATO is a registered trademark of the Abhott Groups of Companies in various jurisdictions Page i of 3 Abbott Point of Care DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B Hubott Point of Care Comprehensive Device Service Plan Agreement Service Definitions and Limitations 4. Limitations of Services 4.1 APOC reserves the right to inspect the products included under this Comprehensive Service Plan prior to its acceptance of this Comprehensive Service Plan to ensure that the products conform to the manufacturer's operational specification 4.2 Authorization for replacement product(s) shall occur during APOC's normal business Hours of 8:00 AM to 5:00 PM Eastern Time. Request for overnight replacements must be received by APOC by 3:00 PM Eastern Standard Time. 4.3 Services must be rendered annually during the Agreement Term. Any Covered Equipment Returns not used in a particular Contract Year may not Be carried over to the following Contract Year(s) remaining in the Term of the Agreement, if any. 4.4 APOC does not provide for regular preventative maintenance. 5. Customer Responsibilities of Product Return Service provided under this Service Agreement must be initiated by a Customer's call to APOC's Technical Service department at 800-366-8020, Option 1. Shipping charges are prepaid and added to each invoice. Products will be shipped Free Carriage Alongside (FCA) point of shipment. Customer agrees to promptly return the malfunctioning product(s) (known as "Returned Product(s)") to the APOC location listed below (in Memphis, TN). If Returned Product(s) are not received by APOC within thirty (30) days of APOC's shipment of replacement product(s) to Customer, Customer shall be invoiced against this agreement or customer purchase order provided by APOC for the full amount of the product's current published list price. Returned Product(s) shall become the property of APOC. Reasonable care must be taken by Customer to package and ship Returned Product(s) in a manner so as to prevent damage or loss. Customer must clearly include a Return Authorization number (obtained from Technical Services department) on packaging containing Returned Product(s). Packages should be addressed to: Abbott Point of Care, Inc. 5025 Tuggle Road Memphis, TN 38118 6. Warranty and Disclaimer APOC warrants that replacement product(s) shipped to Customer shall be free from defects in material and workmanship for thirty (30) days after receipt. APOC disclaims all other warranties, express or implied, with respect to the services, product(s), or replacement product(s), including, but not limited to, any implied warranty or merchantability or fitness for a particular purpose. In no event shall APOC be liable for incidental or consequential damages arising out of the servicing, use, maintenance, support, condition or possession of the products or replacement products. i-STATO is a registered trademad(of the Abbott Group of Companies in various jurisdictions Page 2 of 3 Abbott Point of Care DocuSign Envelope ID: 554183D8-C642-429B-A09C-4745722F4F1B Npbott Point of Care Comprehensive Device Service Plan Agreement Service Definitions and Limitations 7. Discounts, Rebates or Other Price Reductions Any discounts, rebates, or other price reductions (collectively referred to herein as "discounts") issued by Abbott to you constitute a discount under applicable law (42 U.S.C. Section 1320a 7b(b)(3)(A)). Abbott is providing this detail pertaining to such discounts and the allocation of total net purchase dollars for instrument, service, reagent and miscellaneous purchases, as applicable. You may have an obligation to report such discounts to any State or Federal program which provides reimbursement to you for the items to which the discount applies, and, if so, you must fully and accurately report such discounts. Further, you should retain invoices and other price documentation and make them available to Federal or State officials upon request. 8. Cancellation Either party may terminate the Agreement by providing the other party ninety (90) days written notice prior to the anniversary of the contract term. Should Customer choose to terminate this Agreement, Abbott will cancel all future invoices, as applicable. No credit will be applied to current term. 9. Miscellaneous Neither Customer nor APOC shall be liable for any failure to perform this Agreement due to strikes, lockouts, fires, floods or water damage, riots, government acts or orders, interruption of transportation, inability to obtain materials upon reasonable prices or terms or any other cause beyond its control. The terns of this Agreement are confidential and, except as otherwise required by law, Customer shall not disclose such terns to any third party without APOC's prior written consent, provided that Customer shall be permitted to disclose the terms of this Agreement to the extent reasonably necessary to Customer's attorneys, accountants and other professional advisors under an obligation of confidentiality Customer. This Agreement and the Service Definitions and Limitations are the entire agreement between the parties relating to service for products. This Agreement and the Service Definitions and Limitations shall supersede any additional or inconsistent terms in Customer's purchase orders. The Agreement and these Service Definitions and Limitations shall be governed by the laws of the State of Illinois. 10. Customer Acceptance of Service Definitions and Limitations Customer's signature on the Agreement for the services provided hereunder constitutes explicit Acceptance of these Service Definitions and Limitations. Any services that are not specified in the Agreement must be purchased separately until an anniversary of the Effective Date during the Term of the Agreement, at which time the Agreement may be amended to add additional services. i-STATO is a registered tradernaiic of the Abbott Group of Companies in various jurisdictions Page 3 of 3 Abbott Point of Care For City of Fort Worth internal proc sses: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: lamps Davis (Jun 27, 2025 09:49 CDT) Name: James E. Davis Title: Fire Chief Attest: oanq p I Foam°a Asado ova PVo 0=0 aad° nEaa 54pa By: Name: Jannette Goodall Title: City Secretary Contract Authorization: M&C: N/A Date M&C Approved: From 1295: N/A By: 4� Name: Brenda Ray Title: Fire Purchasing Manager Approved as to Form and Legality: By: Name: Taylor Paris Title: Senior Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX