Commonwealth of Dominica PMH Medical Imaging Equipment Maintenance Service Contract

Commonwealth of Dominica PMH Medical Imaging Equipment Maintenance Service Contract PMH Medical Imaging Equipment Page 1 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment Table of contents 1 Contract .............................................................................................................................................................................. 3 2 Definitions of terms and acronyms..................................................................................................................................... 3 2.1 PMH ...................................................................................................................................................................... 3 2.2 Equipment: ............................................................................................................................................................ 3 2.3 Site: ....................................................................................................................................................................... 3 2.4 Contact Person ...................................................................................................................................................... 3 2.5 Opening Hours: ..................................................................................................................................................... 3 26 Preventive maintenance and regular maintenance:................................................................................................ 3 278 Repairs: ................................................................................................................................................................. 3 2.8 Units:..................................................................................................................................................................... 3 3 Contents of work, maintenance and repairs........................................................................................................................ 3 3.1 The vendor shall:................................................................................................................................................... 4 In the beginning of the agreed contract period put forward a written plan for:..................................................... 4 Ongoing maintenance and inspection of all equipment according to this contract................................................ 4 3.2 The maintenance: ................................................................................................. Error! Bookmark not defined. The vendor shall keep records of all repairs/service actions both in paper and in electronic format. ................... 4 4 Performance of maintenance and repairs............................................................................................................................ 4 4.1 Vendor’s sole rights .............................................................................................................................................. 4 4.2 Vendor’s commitments ......................................................................................................................................... 4 4.3 Reporting of failures.............................................................................................................................................. 4 4.4 Working practices ................................................................................................................................................. 5 4.5 Technical specifications ........................................................................................................................................ 5 4.6 Work effort out side of the scope of this contract ................................................................................................. 5 5 Communication .................................................................................................................................................................. 5 5.1 Regular meetings................................................................................................................................................... 5 5.2 Major alarms ......................................................................................................................................................... 5 6 Records and recordkeeping and information access........................................................................................................... 6 6.1 The buyer shall keep up-to-date service request records....................................................................................... 6 6.2 The vendor shall keep a record of all maintenance and other work in computerized form. .................................. 6 6.3 Radiology Department and Hospital management staff shall have access to such records. .................................. 6 7 Service fees, economic responsibilities and payments ....................................................................................................... 6 7.1 Maintenance fees................................................................................................................................................... 6 7.2 Payment for spare parts ......................................................................................................................................... 6 7.3 Spare parts not included in the contract. ............................................................................................................... 6 7.4 Parts included in the contract ................................................................................................................................ 6 7.5 Parts replacement policy. ...................................................................................................................................... 6 8 Liabilities............................................................................................................................................................................ 7 8.1 Force majore.......................................................................................................................................................... 7 8.2 The vendors insurance........................................................................................................................................... 7 8.3 The vendors employee list.................................................................................... Error! Bookmark not defined. 9 Limitation of liabilities because of negligence or mistakes................................................................................................ 7 10 Termination of the contract ................................................................................................................................................ 7 11 Changes to the contract and reasons that parties can be released from the contract.......... Error! Bookmark not defined. 12 Transfer of the contract ...................................................................................................................................................... 8 13 Disputes, choice of law....................................................................................................................................................... 8 13.1 Default.................................................................................................................. Error! Bookmark not defined. 14 The term of the contract ..................................................................................................................................................... 9 15 Miscellaneous..................................................................................................................................................................... 9 16 The documents of the contract.......................................................................................................................................... 10 Page 2 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 1 Contract This agreement is between the Government of the Commonwealth of Dominica, hereafter referred to as buyer of the service and a service provider (to be identified), and hereafter referred to as vendor. 2 2.1 2.2 2.3 Definitions of terms and acronyms PMH means the Princess Margaret Hospital, Roseau, Dominica Equipment means equipment and accessories listed in Appendix 1. Site means the PMH Department of Medical Imaging Specific service actions may take place out side of PMH. Contact person means a technical person employed by the buyer that is responsible for communication with the Vendor and with the authority to accept or reject technical solutions proposed or provided by the vendor Opening Hours: Daytime is 8.00 – 16.00 Monday through Friday Eastern Caribbean time. Preventive maintenance and regular maintenance: Preventive maintenance and regular inspection is done according to a special plan for individual equipment according to the assumed need by the vendors to guarantee its usefulness and reliability (See further details in Appendix 2) 2.4 2.5 2.6 2.7 Repairs: Repairs of equipment following a failure or deviation from quality standards of the operation of the equipment Units: A device or group of devices that contribute to a common function. 2.8 3 Contents of work, maintenance and repairs Contents of work is specified in the contract and appendices Page 3 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 3.1 The vendor shall: - In the beginning of the agreed contract period put forward a written plan for: Ongoing maintenance and inspection of all equipment according to this contract. Special inspections of equipment safety included in the contract Functional inspections of the equipment included in the contract - Keep a record of all preventive maintenance and periodic inspections - Report the progress to the buyer through an agreed format. - Check failures that are found during inspections as well as plan and carry out actions for repairs - The vendor shall keep records of all repairs and service actions both in paper and in electronic format. - The vendor shall present a list of all the employees that will provide the services according to this contract. This list shall present information about the qualification of the employees as well as relevant courses attended and other qualifications of the employees relating services defined in this contract. 4 4.1 Performance of maintenance and repairs Vendor’s sole rights The vendor or vendors have the sole right to perform maintenance and inspections of the equipment as assigned and as referred to in appendices 2, 3 and 4 during the term of the contract Vendor’s commitments The vendor or vendors commit to perform maintenance and measurements and other technical services needed to maintain the items, as assigned and as referred to in appendices 2, 3 and 4 operational and within accepted specifications. Reporting of failures The Senior Radiographer or designate at PMH Department of Medical Imaging reports equipment to the vendor and records the time of the failure and its symptoms. To comply with this contract the vendor shall guaranty that a service engineer is dispatched within the time specified in appendix 2. 4.2 4.3 Page 4 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 4.4 Working practices The maintenance shall be performed in a professional manner and planned to have minimum interference with the clinical work. The maintenance shall be performed by professionals with adequate skills and knowledge. The main objectives are: • To provide first class technical service for the imaging equipment at PMH. • To minimize system downtime • To maintain high customer satisfaction It is the duty of all parties to maintain the systems in a professional manner focusing on the optimum outcome for the end user. A clear commitment to these objectives is expected from the vendor throughout the term of this contract. 4.5 Technical specifications The vendor must maintain at full manufacturer’s specifications all equipment served according to this contract Work effort out side of the scope of this contract The vendor must inform the contact person at PMH within five hours that maintenance work is needed outside the scope of this contract Communication Regular meetings Representatives of the vendor and the buyer shall meet every three months to inspect performance of work and revise plans as well as other issues. Major alarms The contact person shall notify the vendor of major alarms by signaling the vendor’s hotline number (24 hour service). The vendor shall, depending of the nature of the alarm, dispatch an engineer or otherwise acknowledge major alarms received during emergency on-call hours within thirty (30) minutes after the vendor receives the major alarm. 4.6 4.7 4.8 Page 5 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 5 5.1 Records and recordkeeping and information access The buyer shall keep up-to-date service request records. All requests need to be listed in the system before they can be processed. The vendor shall keep a record of all maintenance and other work in computerized form. All maintenance actions shall be recorded within 24 hours. Radiology Department and Hospital management staff shall have access to such records. Service fees, economic responsibilities and payments Maintenance fees Yearly fees for maintenance are specified in appendix 3. 70% of the monthly fee shall be paid at the beginning of each month. The final payment for each month shall be paid within 3 weeks, except if the buyer objects to the vendor’s bill in writing. Differences on billing issues should always be settled within ninety (90) days a month. 5.2 5.3 6 6.1 6.2 Payment for spare parts Spare parts not included in the contract and billable out of pocket costs shall be billed separately 6.3 Spare parts not included in the contract If the vendor concludes that buying spare parts can not wait until next business day, he/she has the permission to buy the spare part and bill the Buyer. The vendor shall inform the contact person in writing and substantiate the reasons for the purchase within 2 days. 6.4 Parts included in the contract Spare parts up to a value of EC$ 1500 every month for each piece of equipment unit are included in the contract. This payment shall be calculated every six months and is not accumulated if not used. 6.5 Parts replacement policy The vendor will judge at each occasion if faulty parts are to be replaced or repaired. If the decision has an effect on the use of the imaging equipment, then the decision has to be made in agreement with the supervisor of the Department of Radiology. Page 6 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 7 7.1 Liabilities Force majore Neither party shall be liable to the other party for loss, injury, delay, expenses, damages or other casualty suffered by the other party in the event of any delay or failure of the first party in performing its obligations under this agreement or any reason beyond the reasonable control of the first party, such as acts of war and government actions, as long as the first party gives the other party prompt notice in writing of the occurrence of any such event or cause and of its discontinuance The vendor’s insurance The vendor shall secure insurance for his own expense that covers damage resulting from his/her mistakes or negligence in the performance of his/her functions directly related to the imaging equipment under this agreement. Proof of insurance coverage must be appended to final contract document. Limitation of liabilities because of negligence or mistakes The liability of the vendor for breach of any obligation is limited to the repair or replacement of the equipment covered by this contract without additional charge to the Customer The vendor can not be made responsible for any damage inflicted on a third party. 7.2 8 9 Termination of the contract In the event that either party (the “party in default”) commits a material breach of any of its obligations under this agreement, (and, where such breach is capable of remedy, has not remedied the same within thirty days of receipt of a notice from the other party (the “innocent party”) requiring that the same be remedied) then the innocent party may by notice to the party in default terminate this agreement, such termination to take effect immediately upon receipt by the party in default of such notice. Or This Agreement may be terminated: a. At any time upon mutual written consent; b. By either party in the event of default by other party which remains uncorrected for thirty (30) days after notice of such default is given to defaulting party. c. By either party upon giving three (3) months prior written notice to the other party. Page 7 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 10 Transfer of the contract Neither party can transfer the contract on to a third party without a written consent by the other. 11 Disputes, choice of law If the parties can not resolve their differences and arbitration fails all disputes shall be resolved by the court of the Commonwealth of Dominica. 11.1 Settlement of Disputes (1) The parties shall make every effort to settle amicably any dispute which may arise. If a dispute arises the parties shall notify each other of their positions and any solutions considered possible. (2) Where the parties are unable to resolve a dispute pursuant to paragraph (1) they shall, before resorting to legal proceedings, refer the matter to arbitration. Arbitration shall be conducted by a panel of three arbitrators. Each party shall choose one arbitrator and the third arbitrator shall be chosen by the first two arbitrators chosen. (3) Matters in dispute shall be settled in accordance with the laws of the Commonwealth of Dominica. Page 8 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 11.2 Entire agreement and applicable law This agreement constitutes the entire agreement between the buyer and the vendor with respect to the subject matter hereof and supersedes other communication, statements and representations, whether written or oral, made by or between the parties or either of them concerning the same. No modification or ammendment of this agreement shall be effective unless made in writing on or after the date of signature of this agreement The interpretation, effect and enforceability of this agreement shall be governed by the laws of the Commonwealth of Dominica, and the parties agree to submit to the jurisdiction of the courts of the Commonwealth of Dominica. 12 The term of the contract This contract will be valid for 3 years. 13 Miscellaneous The headings in this agreement shall not affect its interpretation This agreement is not transferable or assignable without the written consent of the parties The appendix to this agreement constitutes an integral part of this agreement If any term or provision of this agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this agreement but the validity or enforceability of the remainder of this agreement shall not be affected The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provisions of this agreement shall not be construed as a waiver or relinquishment of that party’s rights to future performance of such provision and the other party’s obligations in respect of such future performance shall continue in full force and effect. Page 9 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment 14 General The vendor shall indemnify the buyer against :Any loss of or damage to the property of the buyer Any loss or damage to property of the buyer, claims by third parties caused by (a) Failure of the vendor to provide maintenance services pursuant to and in accordance with the agreement (b) The negligent acts or ommissions of the vendor, its employees or agents 15 The documents of the contract This contract as well as its appendices that are considered part of the contract is made in three copies. The buyer gets two copies and the vendor one. Roseau, Commonwealth of Dominica, xxx 2007 IN WITNESS WHEREOF, for adequate consideration and intending to be legally bound, the parties hereto have caused this Contract to be executed by their authorized representatives Buyer, Dominica By: Name: Title: Date: Vendor By: Name: Title: Date: Witnesses: ______________________________________ Name ______________________________________ Name __________________ __________________ Page 10 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment Attachment 1 Service units at PMH Table 1. List of service units Unit name Unit number Type of exams Type of equipment Generator: Manufacturer Year of installation Purchase price Other devices Type Manufacturer Year of installation Other devices Type Manufacturer Year of installation Other devices Manufacturer Year of installation Total value XCD/EC$ Percent of value Uptime requirement Toshiba 2002 810000 Printer Drystar 3000 Agfa 2002 Gantry Model CGGT-013B Toshiba 2,002 Injector Envision CT Medrad 2,002 1,998 PMH CT 1 CT Asteion PMH Fluoro x-ray 2 Fluoro/Chest Siregraph CX Polydoros LX Siemens 1998 540000 Tube column BD-CX PMH Ultrasound 3 Abd/GYN/Obs Ultrasound PMH Plain x-ray 4 Radiography Table/Chesr MVP micro PMH Processing 5 All RA 5000 PMH Mobile 6 Portable Practix 100 PMH PMH Mammography Processing 7 8 Mammography Affinity All PMH Ultrasound 9 GYN/Obs Ulktrasound Toshiba PowerVision 2006 270000 General Electric 1990 202500 Ceiling Suspension Kodak 2005 40500 Processor Philips 1998 135000 Lorad 2004 210000 Hope 2004 13500 HP Sonos 100 Cf 2000 270000 Siemens Siemens Kodak 2004 X-ray generator Chest stand 850500 36.5% 98% 540000 24.3% 98% 270000 12.2% 98% 202500 9.1% 98% 40500 1.8% 98% 135000 6.1% 98% 210000 6000.0% 98% 13500 0.6% 98% 270000 12.2% 98% Page 11 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment Appendix 2 Specifications The vendor will work independently with full access to PMH and with direct access to hospital staff. The PMH contact person has online access to maintenance information. Specific technical details will only be submitted upon request. I. System covered by this contract All Medical Imaging Equipment at PMH as detailed in Appendix 1, 3 and 4 II. Response time The vendor’s employees are not expected on site. The vendor has to respond to request within 30 minutes and be ready to dispatch an engineer within 4 hours from receiving a confirmed request from the PMH: In case of system down necessary service actions shall be continued night and day without regard for holidays and finished as soon as possible. If systems have been down for more than three hours the vendor shall report it to the buyer with a plan for a solution. III. Maintenance reports. III.1 Repair The vendor shall keep detailed reports because of faults and repairs in individual units. The vendor shall file reports on all service actions taking the following items into consideration: a) b) c) d) e) f) g) h) i) j) What unit is faulty? What equipment within the unit is faulty? The date when the fault was discovered The time of failure. Time of service response Time of service completion The user’s description of the fault. The vendors description of the cause of the fault Service description , what was done, why was it done and what was the outcome Statement from the vendor that the equipment is operating normally. Page 12 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment It is assumed that all service recording as well as statements are made in a computerized recording system which is provided by the vendor. III.2 Preventive maintenance The vendor shall in the beginning of the contract present a written plan regarding preventive maintenance and regular inspections and how they will be performed during the contract. The vendor shall in contract with the buyers contact person present the way it will be performed to the doctor responsible for the medical imaging service the maintenance reports and hours for preventive maintenance shall be specially reported for each unit. The vendor shall record all preventive maintenance for each unit. The vendor shall present an overview of what is to be recorded and how and he shall take into consideration following: a) b) b) c) d) e) f) g) Written maintenance and inspection plan. When the preventive maintenance began. When preventive maintenance was finished. Service description for individual units. What was done? Instruments, tools and material used. Results of measurements. Date and statements of vendor. Statement by PMH contact person. Maintenance reports have to be available within in 24 hours from the completion of each task. If a maintenance job extends over several days the progress must be reported at least every 24 hours. The buyer’s contact person will review the results every month. Preventive maintenance includes the installation of software updates or releases and the cleaning, lubricating, inspecting, testing and adjusting of the covered systems, the replacements of defective parts and other parts expected by the vendor/contractor/vendor to fail before the next scheduled preventive maintenance service. The vendor will order from the vendors to make yearly visits to inspect the maintenance status of individual systems and work with the vendors engineers on outstanding preventive maintenance issues. All necessary preventive maintenance information shall be provided by the vendors of the covered equipment. IV. Service of equipment and tools Page 13 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment The buyer has the right to ask the vendor to perform repairs on equipment not covered in this contract. The vendor shall then present a written action plan depending on what is to be done and after the buyer has approved the plan the operations shall start in agreement with the contact person. For major tasks outside of the scope of this contract the vendor can demand special payment and written agreement for such payments shall be present before such work starts. V. Time of contract The contract is valid for three years starting at 2007 – 06 - 01 Page 14 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment Appendix 3 To be filled in by the vendor Prices 1 Annual service fees Unit Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Unit 7 Unit 8 Total 1. Currency All prices are in Eastern Caribbean Dollars 2. Included spare parts (7.4.): a. Included in the contracts if price is b. Not included in the contract if price is ≤ EC$ 1500 each month > EC$ 1500 each month. Annual fee XCD/EC$ Page 15 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment Appendix 4 General information about medical imaging units to be serviced PMH 01 CT Scanner Asteion manufacturer Toshiba Vendor Medika manufactoring 2001 installation 2002 Injector Envision manufacturer Medrad manufacturing 2002 installation 2002 Printer Drystar 3000 5361/999 manufacturer Agfa Gevaert manufacturing 2002 installation 2002 Replacement value EC$ 850,500 Original information collected in 2002 from copies of invoices provided: $ CT equipment 1,274,000 Other equipment $ Drystar 3000 Dry Imager @ 122,616 $ Video interface for Drystar @ 24,700 $ MedRad Injector 63,180 $ Electrical Panel 2,000 Cost Surge protector 240 VAC 3 $ phase Model Apex lll 240 D 13,910 Line conditioner 208/208 vac $ model 8blx-75k-7a 81,861 Cost of APC Uninterruptible Power system Model SL80 KF, 80 KVA, 50 HZ, 208/208 VAC - 3phase $ (14 Min. batteries) 142,345 $ Total - Other equipment 450,612 PMH 02 Fluoro x-ray Siregraph Tube Optilix 150/30/50R model 2814254V7130 manufacturer Siemens manufacturing 1998 installation 1998 Tube column BD-CX manufacturer Siemens Page 16 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment X-ray generator manufacturer Siemens manufacturing 1998 installation 1998 Replacement value EC$ 540,000 PMH 03 Ultrasound 1 Toshiba PowerVision installation 2006 Replacement value EC$ 270,000 PMH 04 X-ray 2 Ceiling Suspension manufacturer Siemens Chest stand Generator MVP Micro manufacturer GE Compax Replacement value EC$ 202,500 PMH 05 x-ray processing 1 Kodak RA5000 Operating temp 35.5 manufaturer Kodak installation 2005 Processor FPM 3000 Dark room processor manufaturer Fuji not in use Replacement Value EC$ 40,500 PMH 06 Mobile X-ray Practix 100 manufacturer Philips Replacement valuee EC$ 135,000 PMH 07 Mammography Affinity manufacturer Lorad manufacturing 1993 installation 2004 Replacement value EC$ 210,000 PMH 08 x-ray processing 2 Hope installation 2004 Replacement Value EC$ 13,500 PMH 09 Ultrasound 2 HP Sonos 100Cf installation 2000 Replacement value EC$ 270,000 Page 17 of 18 Commonwealth of Dominica PMH Medical Imaging Equipment PMH Units Total value equipment Total Replacement Value EC$ 2532000 Page 18 of 18