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HomeMy WebLinkAboutEMSAR; 2020-10-14;270 Davids Dr Wilmington, OH 45177 Office: 512.732.1210 www.ennsar.com I info@emsar.com EMS „II EMS Services Agreement EMS PRO SERVICES AGREEMENT CLIENT: CARLSBAD FIRE DEPARTMENT DATE ISSUED: 09/21/2020 SITE ADDRESS: 2560 Orion Way REVISION NUMBER: 01 CITY: Carlsbad CONTRACT TERM: 10/01/2020 — 10/01/2022 STATE/ZIP: CA 92010 CONTACT NAME: Colby Buckhouse PHONE: 760-717-4994 EMAIL: colby.buckhouse@carlsbadca.gov 1.0 SCOPE OF SERVICES • 2 services per year O Based on usage of the cot • Preventative maintenance O Disinfection O Cleaning O Inspection O Lubrication • Equipment tune-up O Hardware tightening/adjustment o Alignment adjustments O Performance verification • Equipment evaluation 0 Reveals needed repairs O Detects potential problems c Dynamic testing to manufacturers specifications • Usage basic operational training O Reveals improper usage that may lead to equipment problems • Equipment report O Maintains a digital documented history of preventive maintenance and repair for the life of the - equipment • High wear items: O Worn wheel bearings O Foot end release handles O Lift handles O Crutch tips o Seals, 0-Rings,. and misc. hardware O Scuff strips - 0 Fastener posts O Leg return springs • 8% discount on any repair parts and accessories • Up to 1-hour labor for service and repairs„ .4,:`,1011111111. Page 1 of 5 $40/hour + IRS mileage rate >201 Zone 3 Zones I Table 1.1 Zone ;cPricing Moder Wachs 0-50 51-200 $275 Zone 1 Zone 2 270 Davids Dr Wilmington, OH 45177 Office: 512.732.1210 www.emsar.com I info@emsar.com EMS Services Agreement If the equipment is not available or onsite during the scheduled PM service, additional travel and/or labor will be invoiced at contracted rates for the repeat visit. If repairs can be made within the one-hour PM time per cot, no additional labor cost will be incurred. Additional repairs outside of the scheduled PM service, will incur additional labor, travel cost and parts if applicable at contracted rates as per Table 1.0, Preventative Maintenance Pricina I Table 1.0 ! i Equipment Model # i Number of Services Per Year, Equipment Quantity ! I Number of Years Base Price Extended Price Ferno 28-Z 2 6 2 $144.00 $3,456.00 Ferno 59-1 EZ Glide 2 5 2 $81.00 $1,620.00 Estimated Total $5,076.00 On-Demand Labor $120/hr Wait Time $65/hr 2.0 QUALITY SYSTEM REQUIREMENTS The client must provide EMSAR with copies of any applicable procedures and/or special requirements/specifications pertaining to the requested services prior to scheduling. Additional tasks or deviations from EMSAR's standard procedures may be permitted at an additional fee. Maintenance pricing assumes unit is installed, equilibrated and functional prior to Emsar Field Service Engineer arrival. Pricing is reflective of one onsite visit, 3.0 CONDITION OF EQUIPMENT The cost of Seller's proposed service is based on the equipment being in a condition similar to equipment of its age that has experienced normal wear and tear ("Standard Condition"). In the event the equipment is not in Standard Condition as a result of heavy use, misuse, abuse, neglect or other damage, Seller reserves the right to cancel this Order, unless Client agrees to pay Seller the additional service cost to return such equipment to Standard Condition. 4.0 LEVEL OF USE The cost of the Seller's proposed service is also based on the number, type of equipment, frequency of use and frequency of inspections during the term of this Order. If any of these items materially increase, Seller may cancel the Order if Client does not agree to adjust the prices. 5.0 SCHEDULING OF SERVICE Page 2 of 5 EMSAR EMS Services Agreement 270 Davids Dr Wilmington, OH 45177 Office: 512.732.1210 www.emsar.com info@emsar.com Seller will schedule with Client in advance the times to service Client's equipment. In the event Client does not make the equipment available at such scheduled times, Seller will charge Client with a service call unless Client notifies Seller t least forty-eight (48) hours in advance that the equipment will not be available and schedules another time. Client acknowledges that once Contractor Services have been scheduled with Contractor, Contractor shall expend significant time and effort in coordinating and appropriately staffing such services. Considering such expended time and effort, in the event that Client or any of Client's clients cancels a scheduled service with less than three business days' notice to Contractor, Client will be charged a $500 cancellation fee. 6.0 SERVICE The equipment shall be deemed serviced and accepted by Client when it has been ready for use as proven by the operation of Seller's field test. A SERVICE CHARGE OF THE LESSER OF 1 1/2% PER MONTH (18% PER YEAR) OR THE HIGHEST RATE ALLOWED BY LAW WILL BE ADDED TO ALL PAST DUE INVOICES ON THE 30TH DAY FROM THE INVOICE DATE UNTIL PAID IN FULL. 7.0 DEFAULTS BY CLIENT Seller shall not be required to proceed or continue with performance of Client's Order while Client is in default under this or any other contract with Seller. If Client's financial condition is found to be or becomes unsatisfactory to Seller during the terms of this contract, Seller may terminate this contract and also terminate all other contracts covering sales to Client of Seller's parts and services whether or not Client may otherwise be in default and no rights shall accrue to Client against Seller on account of such termination. 8.0 MISCELLANEOUS a) Client shall not assign this Order or any interest herein without the prior written permission of Seller which shall not be unreasonably withheld. b) This Order shall inure to the benefits of and be binding upon the successors and permitted assigns of the parties hereof. c) The terms of this Order shall prevail notwithstanding any variance with the terms and conditions of any other order or instrument submitted by Client. 9.0 LIMITED WARRANTY/LIMITATION OF LIABILITY Seller warrants that its service and parts will be free from defects in material and workmanship for 30 days. This limited warranty applies to equipment used under normal and proper conditions and is void for any damage from misuse, abuse, or neglect. All warranty periods shall commence from the date of service. The liability of Seller under the limited warranty set forth above is limited to repair or replacement of the defective part, or, at the option Seller, refund of the purchase price. Transportation charges for shipping allegedly defective parts to and from Seller are not covered. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, SELLER MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT WILL SELLER BE LIABLE FOR ANY INDIRECT OR Page 3 of 5 EMSAR EMS Services Agreement 270 Davids Dr Wilmington, OH 45177 Office: 512.732.1210 www.emsar.com info@emsar.com CONSEQUENTIAL DAMAGES SUSTAINED IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OR ITS PRODUCTS OR SERVICES. The remedies of repair, replacement of defective parts, or refund of the purchase price are exclusive and in lieu of all damages. Under no circumstances shall the liability of Seller, whether under contract, tort, branch of warranty, or otherwise, exceed the selling price of the products or services proven to be defective. Any legal action for breach of the limited warranty set forth above must be commenced within one year of the date on which the breach is or should . have been discovered. To make a claim under the limited warranty, contact Client Service promptly. CSA Service Solutions LLC, d.b.a EMSAR 270 Davids Dr Wilmington, OH 45177 10.0 DELIVERY-DELAYS Seller will make every effort to adhere to the delivery schedule specified on the face hereof, but no obligation to do so is assumed. Seller shall not be responsible or liable for any loss, damage or delay or failure to perform, in whole or in part, directly or indirectly, resulting from and contributed to by reason of including, but no limited to Client's use of equipment, acts of God, war, riot, embargoes, acts or requirements of governmental or military authorities, fires, floods, unusually severe weather, accidents, quarantine restrictions, factory conditions, strikes, delays in transportation, shortage of cars, fuel, labor, or materials or any other costs beyond the control of Seller. Seller shall in no event be responsible for remote, incidental or consequential damages. 11.0 ENTIRE AGREEMENT The Order and Terms and Conditions are the complete and exclusive agreement between the parties and no change or waiver of any term hereof shall be effective unless in writing signed by an officer of Seller. 12.0 GOVERNING LAW Client represents that the equipment is being serviced hereunder for business purposes only and agrees that under no circumstances shall this Order be construed as a consumer contract. This Order shall be governed by the laws of the State of Ohio. 12.0 TRADEMARKS Client agrees that the service marks and other designations ("Service Marks") used on or in connection with products and services sold to Client are the exclusive property of Equipment Management, Service and Repair, Inc. Client shall not use such Service Marks in any manner which may dilute, impair or adversely affect their value. 13.0 NONSOLICITATION During the term of this Order and for a period of one (1) year following expiration or termination of this Order, Client shall not offer employment to or employ any person performing services on behalf of Seller under this Order 1.7:1 Page 4 of 5 270 Davids Dr Wilmington, OH 45177 Office: 512.732.1210 www.emsar.com 1 info@emsar.com EMSAR EMS Services Agreement 14.0 INDEMNITY Client shall indemnify and hold Seller harmless against any claims, liability or damages Seller incurs as a result of the negligent operation or negligent maintenance of the equipment by Client, its employees or agents. 15.0 TERMINATION Seller may terminate this Order upon sixty (60) days prior written notice to Client. In the event of such termination, Seller shall prorate the charges based on the actual services provided under this Order 16.0 PAYMENT AND APPROVAL r ORDER INFORMATION EMSAR Contact: Phone Number' E-mail: Bailey Williams - Sales Operations Manager 737-704-5441 bailey.williams@emsarcom ,. J . PAYMENT , , .,. , - — 4, i . , 1 • ' Payment Terms: Net 30 days from receipt Deposit required to start services: NA Invoice schedule: Upon completion of each service Please make payment to: EMSAR AR 270 Davids Dr Wilmington, OH 45177 CLIENT BILLING CONTACT . Name: C°L6y 0 2.ti(h0 106- Email and Phone Number: 0 M y. 6),<€,K170x5e. cez-rl5,6,ede.t. ,j,O v 7a40-9(3/--,2-i Bill To Address' _2 5(-) /2 ri :0 f-) PIA_ ,,„ ,-, , ',..-1- i.,r/od A t s PROPOSAL ACCEPTANCE (Client accepts EMSAR quotation and "Terms and Conditions Name: 144- e:Lart..*-0-el Signature. Date: le - By: APPROVED AS TO FORM Celia A Brewer. Cl Attorney p,"/ 41111EMbhirjr1 As mIty City Attome City of Carlsbad, C.A Page 5 of 5 Hecor &am z Deprfo c)eo.r ..........41, 1 DATE (MM/DD/YYYY) . ACC:0Ra 9/16/2020 L.,---- CERTIFICATE OF LIABILITY INSURANCE . Acct#: 2707204 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require .an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Affinity, LLC P.O. Box 879610 Kansas City, MO 64187-9610 CONTACT NAME: Lockton Affinity, LLC PHONE FAX (A/C.NO Ekt): 877-320-9393 (A/C, No): 913-652-7599 E-MAIL ADDRESS: EFM@Iocktonaffinity.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24147 INSURED CSA Service Solutions, LLC DBA EMSAR 9208 Waterford Centre Blvd, Ste 140 Austin, TX 78758 INSURER B: INSURER C , INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER ' POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDPNYY) LIMITS . COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE Claims Occur DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEHL AGGREGATE LIMIT APPLIES PER: POLICY PROJEC LOC PRODUCTS - COMP/OP AGG I OTHER A AUTOMOBILE LIABILITY x X L387995-20 09/01/2020 09/01/2021 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) $ --1 OWNED AUTOS v ONLY -.. HIRED AUTOS XNON-OWNED — SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y /N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE 0TH- ER EL. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT , DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GPBR: 3NF1 Policy provides protection for any and all operations/jobs performed by the named insured where required by written contract. Certificate holder is an Additional Insured where required b ' y written contract. Waiver of Subrogation included by written contract insurance is primary and non-contributory. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Proof of Coverage ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /-4DO‘ge © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACC:PREY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 9/1/2021 9/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). A statement on Ii PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 CONTACT NAME: PHONE (A/C, No, Est): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Insurance Company 27154 INSURED CSA Service Solutions, LLC. 1462664 9208 Waterford Centre Blvd, #150 Austin TX 78758 INSURER D : Travelers Property Casualty Co of Amenca 25674 INSURER C: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17014566 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS , CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (114M/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS , A x COMMERCIAL GENERAL LIABILITY y y 711012081-0010 9/1/2020 9/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS-MADE x OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 $ GEN'L X — POLICY OTHER! AGGREGATE LIMIT APPLIES PER: 78i 1 I LOC PRODUCTS - COMP/OP AGO AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY __.. 7 SCHEDULED AUTOS NON-OWNED AUTOS ONLY NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXX_X BODILY INJURY (Per accident $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE y y 711012081-0010 9/1/2020 9/1/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ XXXXXXX DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED% N (Mandatory in NH) Mr6Fd2leggl 'CrOPERATIONS below N 1 A Y UB-006N98422A 9/1/2020 9/1/2021 X la,Znim 1 °R- EL, EACH ACCIDENT $ 1,000,000 $ 1,000,000 EL. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT 5 1,000,000 1DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 17014566 AUTHORIZED REPRESENTATIVE Carlsbad Fire Department 2560 Orion Way Carlsbad CA 92010 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATOR. All rights reserved The ACORD name and logo are registered marks of ACORD Attachment Code : D565158 Master ID: 1462664, Certificate ID: 17014566 The General Liability and Umbrella Liability policies include a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. The General Liability, Umbrella Liability, and Workers' Compensation/EL policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. The General Liability policy contains a special endorsement with "primary and noncontributory" wording.