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Item F3 BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: December 17. 2008 Division:Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact Person/Phone #: Darice Hayes/6004 AGENDA ITEM WORDING: Rescind Renewal Agreement which was approved at the October 15, 2008 MCBOCC meeting as Item G-2 by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio-Control, Inc.; and Approval of a Renewal Agreement by and between Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio-Control, Inc. formerly known as Medtronic Emergency Response Systems, Inc., for the preventative inspection and maintenance of biomedical equipment. ITEM BACKGROUND: The Renewal Agreement which was approved at the October 15,2008 by the Board as Item G-2 requires rescission. Upon review of the Renewal Agreement by Physio-Control, Inc. for execution it was noted that the name change that had taken place was not defined properly in the Agreement. At the request of Physio-Control, Inc. a revised Renewal Agreement which properly defines the name change is being presented to the Board for approval at the December 2008 MCBOCC meeting. In October of 2006 the Board of Governors of Fire and Ambulance District 1 approved a contract with Medtronic Emergency Response Systems, Inc., for the preventative inspection and maintenance of biomedical equipment which included an option to renew the contract for two (2) additional one (1) year terms. Fire Rescue is requesting approval to exercise the renewal option for the second one (1) year period. PREVIOUS RELEVANT BOCC ACTION: On October 15, 2008 the Board approved a Renewal Agreement with Physio-Control, Inc. formerly known as Medtronic Emergency Response Systems, Inc. for the period November 1, 2008 through October 31,2009 in the amount of $15,260.10. On September 19, 2007 the Board approved the Renewal Agreement with Medtronic Emergency Response Systems, Inc. for the period November 1,2007 through October 31,2008 in the amount of $15,809.00. On October 18, 2006 the Board accepted the proposal and approved the Agreement with Medtronic for the maintenance of biomedical equipment for the Fire and Ambulance District 1 in the amount of $15,809.00 for the period November 1,2006 through October 31,2007. CONTRACT/AGREEMENT CHANGES: The Renewal Agreement to provide service will be for the period November 1, 2008 through October 31,2009 in the amount of $15,260.10. The price of the contract is lower than the previous year's contract due to the removal of coverage for the Battery Support Systems which are no longer supported by Physio-Control, Inc. formerly a unit of Medtronic Emergency Response Systems, Inc. STAFF RECOMMENDATIONS: It is imperative that this biomedical equipment be maintained properly as it is used fOf cardiac monitoring of patients. Physio-Control, Inc. formerly Medtronic Emergency Response Systems, Inc. has always provided excellent service in the past. In view of the foregoing, Fire Rescue staff recommends approval of the Renewal Agreement for an additional one (1) year period. TOTAL COST:$15.260.1O BUDGETED: Yes X No COST TO COUNTY:$15.260.1O SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes;i!j- NoX AMOUNT PER MONTH_ Year APPROVED BY: County Attf _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X DISPOSITION: Revised 11/06 Not Required_ AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Physio-Control, Inc. formerly Contract #_ . MEDTRONIC Emergency Response Systems, Inc. Effective Date: November 1. 2008 Expiration Date: October 31, 2009 Contract Purpose/Description: Renewal Agreement for preventative and corrective maintenance of biomedical equipment for the Board of Governors, Fire and Ambulance District I. I .. Contract Manager: Darice Hayes 6004 Fire Rescue 1 Stop 14 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Dec. 17, 2008 Agenda Deadline: Dec. 2, 2008 CONTRACT COSTS Total Dollar Value of Contract: $15.260.10 Budgeted? YeslZl No D Account Codes: Grant: $ County Match: $ Current Year Portion: 141-13 00 1-530460. - - - - ------ - - - - --------.............- - - - - -----~ Estimated Ongoing Costs: $_/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial. salaries, etc.) CONTRACT REVIEW Date Out Date In Division Director Risk Muna%fment i1' \ l{:9i 't{". \)~ ~",t.;j o M.B ./Purcha~ ng OMB Form Revised 2/27/01 MCP #2 RENEW AL AGREElvfENT This RENEWAL AGREElvfENT dated the day of , 2008, by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "COUNTY" and Physio-Control, Inc., formerly known as Medtronic Emergency Response Systems, Inc., hereinafter referred to as "CONTRACTOR". . WITNESSETH WHEREAS, on October 18, 2006, the COUNTY entered into an Agreement with Medtronic Emergency Response Systems, Inc. for the preventative inspection and maintenance of biomedical equipment for the Board of Governors of Fire and Ambulance District 1; and WHEREAS, said Agreement provided an initial term of one (1) year with an option to the COUNTY to renew the contract for two (2) additional one (1) year telIDs; and WHEREAS, the COUNTY wishes to exercise said second one (1) year renewal option for the continuation of preventative inspection and maintenance of biomedical equipment for the Board of Governors of Fire and Ambulance District 1 ; and WHEREAS, in December 2006, Physio-Control, Inc., a division of Medtronic, the unit perfonning the Agreement, which was formerly known as Medtronic Emergency Response Systems, Inc., went through a name change. NOW THEREFORE, IN CONSIDERATION of the mutual covenants and obligations contained herein, the parties agree as follows: 1. The name of the contracting party is revised to read Physio-Control, Inc. wherever it appears in the Agreement. 2. The COUNTY elects to renew the contract for an additional year pursuant to Paragraph 4; Section A of the Agreement entered October 18, 2006. 3. The effective date of this amendment is November 1,2008 and shall extend through October 31, 2009, under the same terms and conditions of the contract dated October 18, 2006. 4. All other terms and conditions of the contract dated October 18, 2006 shall remain in full force and effect. (SEAL) Attest: Danny L. Kolhage, Clerk By: Deputy Clerk BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (CORPORATE SEAL) Attest: PHYSIO-CONTROL, INC. By: By: 0~/r-Ot.&~ Title: Print Name: (, hfV~ l (~+( -e ( ~Pc)r.k. Title: Contract Specialist ... ,.' .. , '.. M'ARSH CERTIFICATE OF JNSURANCE< .0. ~~I~~~COI\;:~liU;'~~~' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON FEllS NO RIGHTS UPON THE CERTIFICATE HOLDtR OTHER THAN THOSE PROVIDEO IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES DESCRIBED HEREIN. PRODUCER Marsh USA Inc. 333 South 7th Slreet, Suite 1600 Minneapolis, MN 55402-2400 MEDTRONJC, INC. 710 MEDTRONIC PARKWAY M,S. LC31 0 MJNNEAPOLlS, MN 55432 l' "-'~-!'J r -/\ -~; \ I~' COMPANIES AFFORDING COVERAGE i \ l t, M~ANvl i r--- - r-' A- .- ACEAMERI r \ l~ A r ZOthA~~~c:l L ~~~~N~.___ 't 'I -1I,?,rYI: f"ft>l __ I} r >,',>i;iQMFANYTi . \ .- -.----."--- .. -, D'- ..-. .- -- lWf.!j~~ I.. :r ~ ; '; ~/.-'" .;?lJllJJ 3840 -EMERS-GAW.06.09 X INSURED >. 5/1'::~:~~*~::'~,~:: THIS TO CERTIFY THAT POLICIES OF DESCRIBED HER51N HAVE BEEN ISSUED TO THE INSURED NAMEO HEREIN FOR TH"- PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH"-R DOCUME;NT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY n~E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLlCIER AGGR"-GATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDIYY) DATE (MJ.!/OOIVY] A GENERAL LIABILITY HDCG 23740850 05/01/06 05/01/09 GENERAL AGGREGATE $ 10,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG $ 10,000,000 X CLAIMS MADE 0 OCCUR PERSONAL & AOV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 10,000,000 $ 1,000,000 $ 10,000 A AUTOMOBILE LIABILITY ISAH 08242008 05/01/08 05/01/09 $ 1,000,000 COMBINED SINGLE LIMIT X ANY AUTO ALL OWNED AUTOS BOOIL Y INJURY $ SCHEDULED AUTOS (Per pelson) HIR"-D AUTOS BODILY lNJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY; EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILiTY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATe $ OTHER THAN UMBRELLA FORM $ A WORKEns COMPEnSATION /\NO WLAC 44347064 (AOS) 05/01/08 05/01/09 EMPLOYERS' LIABILITY SR A SCF C44346B49 (WI) 05/01/08 05/01/09 $ 1,000,000 A THE PROPRIETOR! X INCL WLR C4 4346990 (MO,NC,NE,OK 05/01/08 05/01/09 $ 1,000,000 PARTNERSlEXECUTJVE A OFFICERS ARE: EXCL SCF C44346601 (NJ) 05/01/08 05/01/09 1,000,000 H DESCRIPTION OF 0 PER ATlON SILOCATJONSNEHICLES/SPEC IAL ITEMS WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED STATUS APPLIES ONLY IF IT IS IN YOUR WRITTEN CONTRACT. MEDTRONIC I INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING ENTITlES: MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC., MEDTRONIC SOFAMOR I DANEK, INC., MEDiRONIC SPINE, LLC AND MJNIMED DISTRIBUTION CORPORATION. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT DEPT. 1100 SIMONTON STREET KEY WEST, FL 33040 SHOULO ANV OF THE POLICIES oeSCRIBED HERElN eE CAijCEUeO SEFOR. THE e~P1RATlON IlATE THERtOF. THe INSURtR AFFORCING COVERAGE WILt E~lCEAVOR TO MAil --30 !lAYS WRITTEfI NOTice TO THE CERTIFICATE HOlDER NAMED HEREIN, GUT FAILURE TO MAll SUCH NOTICE SHAll. IMPOSE ffO 08L1GATIDff OR L1ABIUN 01' ANV KINO UPOlI TIlE INSURER AfI'OROING COVeRA(;e, ITS AGENTS i:lR REPRESENT AlIVES. OR THE IssueR OF THIS C5RTiPICATE AurHO RilED REPRESENTATIVe Marsh llSA In.. BY, Mary Aadaszewski ~ I?~~ MM1 (3t02}.'; .' .... - ...... .. VALID AS OF:05/15/0B ,\~ AGREEMENT Tins Agreement is made and entered into this 18th day of October , 2006, by and between the Board of 00Ve11101'S, Fire and Ambulance District 1 of Monroe County, Florida, hereinafter refen'ed to as "COUNTY" and MEDTRONIC Emergency Response Systems, Inc., hereinafter referred to as "CONTRACTOR", WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually agree as follows: 1. SCOPE OF THE WORK The CONTRACTOR shall furnish alllabol', materials; equipment, machinery, tools, apparatus and transpOltanon and perform all other work as described in the Teclmical Service Support Agreement for the preventive inspection and maintenance of biomedical equipment for the Board of Govemors. The Technical Service Support Agreement is attached hereto as Exhibit B and made a pmt of this Agreement by reference. 2, CONTRACT SUM The COUNTY shall pay to the CONTRACTOR a total amount of$15,809.00 for the faithful performance ofthe Contract, in lawful money of the United States. TIns will be paid in 12 equal monthly installments, on the first of the month for the preceding month after invoice rendered by Contractor. 3. GENERAL PROVISIONS A. The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY hannless from and against aU claims, damages, losses and expenses, including reasonable attorneys' fees in any action arising out of performance of the worle herein, including bodily injury, illness or death, or for property damage including loss of use, resulting from the CONTRACTOR'S work.. B. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any fonuer County officer or employee subject to the prohibition of Section 2 or Ordinance No. 010-1990 or any County officer or employee in violation of S~<;:tion 3 of Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may. in its discretion, terminate this Contract vvithout liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover, the fh11 amount of any fee, commission, percentage, gift or consideration paid to the fonner County officer or employee. C. Before beginning work tmder this Contract, the CONTRACTOR must provide evidence satisfactory to the COUNTY'S Risk Management Director that the CONTRACTOR has in force and effect the insurance required as outlined in Exhibit A. Page 10f5 4_ CONTRi\CT TERM .:: A. The Contract shall commence on November 1, 2006 and shall expire one year from that date on October 31, 2007. The Contract may be renewed for two (2) additional one (1) year terms at the option oillie COUNTY. The COUNTY shall exercise the option by a written notice to the CONTRACTOR, 30 days before expiration of the odginal ten11, B. The CONTRACTOR shall not be held liable for delay in delivery caused by strikes. inability to obtain materials or equipment, production or manufacturing problems and aU other causes beyond the CONTRACTOR'S control. The CONTRACTOR shall not be liable for any incidental damages caused by delays in delivelY. C. Monroe County's performance and obligation to pay tmder this contract, is contingent upon an annual appropliation by the Board of County Conmussioners ofMoru'oe County. 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The CONTRACTOR lmderstands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the work to he done. Under no circumstances, conditions or situations shall tins Contract be more strongly construed against the COUNTY than against the CONTRACTOR. 6. PAYMENT A. The CONTRACTOR shall invoice the COUNTY~ in accordance with the pricing and terms as outlined in the Contract docwnents. Invoices shan be submitted to Monroe County Fire Rescue, 490 63rd Street, Ocean, Suite 122, Maratho11, Florida 33050, for approval and processing. B. All payments shall be made directly to the CONTRACTOR at the CONTRACTOR'S office, MEDTRONIC Emergency Response Systems. Inc., 11811 Willows Rd., N.E., Redmond. WA 98073. 7. INDEPENDENT CONTRACTOR At all times and for aU purposes hereunder CONTRACTOR is an independent contractor audnot an employee of the Board ofCOlmty Commissioners ofMomoe County. No statement contained in this Agreement shall be constmed so as to find the CONTRACTOR or any ofhislher employees, contractors, servants or agents to be employees of the Board, of County Commissioners of Monroe County and they shall be entitled to none ofthe rights, privileges or benefits of employees of Monroe County. Page 2 of5 8. COlVIYLWTCE WITH LAW In providing aU services pursuant to this Agreemel1t, the CONTR...A.CTOR shall abide by all statutes, ordinances, rules and regulations peltaining to, or regulating the provisions of such goods, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle the Board of County Commissioners to tenninate this Contract immediately UpOll delivery of'lVritten notice oftenninatiou to the CONTRACTOR. 9. SUBCONTRACTING/ASSIGNMENT CONTRACTOR shall not assign, sublet, subcontract, sen or transfer any interest in this Contract without the Plior written consent of the COUNTY thereto. 10. NOTICE - GENERAL Any notice or notices required or permitted to be given pursuant to this Contr~ct may be personally served on the other party by the party giving snch notice or may be served by celtified mail, retum receipt requested, to the following addresses: COUNTY: Monroe County Fire Rescue 490 63rd Street, Ocean) Suite 122 Marathon, Florida 33050 CONTRACTOR: 1iEDTRONIC Emergency Response Systems, Inc. 11811 Willows Rd., N.E. Redmond, W A 98073 11. ANTI DISCRIMlNATION CONTRACTOR agrees they will not discriminate against any oftheir employees or applicants for employment or against persons for any other benefit or service, because of their race, color, religion, sex or national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perfonn in a position of employment and to abide by all Fedel'aI and State laws regarding non-discrimination. 12. NON WANER Any waiver of any breach of covenants herein contained to be kept and performed by the CONTRACTOR sha1lnot be deemed or considered as a continuing waiver and shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any succeeding breach either of the same conditions or covenants Or otherwise. Page 3 of 5 13. CONTRACTOR ~ GENERAL The CONTRACTOR warra..'l1ts that it is authorized by law to engage in the perfonnance ofthe activities encompassed by the program herein desclibed, subject to the tenllS and conditions set forth in the Attachment,. which is attached hereto and incorporated herein as pmt of this Agreement. that: Each of the signatories for the CONTRACTOR, below~ certifies and warrants A. The CONTRACTOR'S name in this Agreement is the full name as designated its cOlporate charter~ if CONTRACTOR is a corporation; otherwise, CONTRACTOR'S name is the business entity, whether partnership or sole proplietol'ship, uuder which CONTRACTOR normally conducts business. B. They are empowered to act and contract for the CONTRACTOR and C. This Agreement has been approved by the Board of Directors of CONTRACTQ~, if CONTRACTOR has a corporation. 14. ENTlRB AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto with respect to the sUbject matter hereof and supersedes any and all prior Agreements with respect to suoh subject matter between CONTRACTOR and the Fire Rescue office or the COUNTY. 15. CONSENT TO JURISDICTION This Agreement, its perfonnance and all disputes arising hereunder, shall be governed by the laws oft11e State of Florida and both parties agree that the venue for any action shall be Monroe County. This Agreement is not subject to arbitration. 16. CONDITIONS OF TERMlNATION A. The performance of work ox provision of goods under this Agreement may be terminated, delayed or temporalily suspended by the COUNTY; in whole or in pmt, from time.to time, wherever the COUNTY shall determine that such termination is in the best interest of the COUNTY. The COUNTY shall pay all reasOllable costs incuned by the CONTRACTOR up to the time of ternriIration and all reasonable costs to the CONTRACTOR assooiated with termination, B. Ifthe CONTRACTOR fails to fulfill the telms of this Agreement or attachments, properly or on time or othelwise violates the provisions ofilie Agreement or of applicable laws or regulations governing the use offuhds, the COUNTY may terminate the Contract by wlitten notice of 15 days. The notice shall specify cause. The COUNTY shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the Agreement, less any amount of damages caused by the CONTRACTOR'S breach. 'lfthe damages Page 4 of 5 are more man compensation payable. the CONTRA.CTOR ,:viII remail1liable after termination and the COUNTY can affinuatively collect damages; A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to public entity, may not be awarded 01' perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold am01ll1t provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 17. The County does not pay sales tax or any other taxes. The provisiolls of this Agreement supercede any conflicting provisions in Exhibit B attached hereto as the Technical Service Support Agreement. IN WITNESS WHEREOF; the parties hereto have executed this Contract the day and year first above written. BY: BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRIGT 1 OF M~B COUNTy, FL'pRJDA ~__ ')4t~ MAYOR/CHAIRMAN (CORPO Attest: Y RESPONSE SYSTEMS; INe. Title: an e er Vice President Glob",r Mm+"'tln~QAS-- / I ~\H&UOOQOQR ".. I, " ~eS1l01lg6 8-"$ Pp ,'- 01 ",..ool>oon.O'o l'c~ :.;, ~~... I)a~~ ~ '* .~G o!;to.o...:J #' ',fj" Ct.~ ' :: Ii! CORPOR4l: 0.. ~ -:. ::tqg ~;S': - 0 : ~o<;::. .;., 0 __ :: '% to BE : g ;: .:# :.-0, \ iO' ,...~. 'C!:!,. ... ~ 0.. AL o. # :: -;. ,,0. 199 .0. - ... ~ ~,o.. 7 ... ,0,..,..;:- ttI QQCld.I).()Qb;:,a.o ~ "<", 1/,' , """,,"" '1 (J <7shHlgt01.\ ~ '1:," uil'QOUOOQn~il~% MONROE COUNTY ATTORNEY .APPROVED AS TP FORM: l~ bd:7YL '-~"'~~ SI.:ra M. GRIMSL~ ASSISl'ANT COUNTY ATTORNSY Data, /0 -.2. ~ Qc; __ Page 5 of 5 j[J)RUG~1FUE VVOJP.J[(JF>TLAClE lFO.lRMr Tbe unde~t;igned vendor in accordance with Florida Statute 287,087 hereby certifies that: MEDTRONIC Bmerl':ency Response Systems. Inc. (Na1l:Ul of Business) L Publish a statement notuymg employees that the unlrn'\1ful manufacture, distribution, dispi:nsing, possession, or uso of n oonlrblled substance is prohibited in the workplace and specifYing the <lcttons that will be taken agninstemployees for violations ofsuchprolJibition. 2. Inform employees about the dangers of drug abuse ill the workplace, th3 business's policy ofmaintnining a drugMfree workplace, any avnHnble drug counseling, rehabilitation, and employee assistance programs, and the penalties !hntmay be imposed upon employees for dmg abuse violations. 3. Give each employee engaged in providing the commodities or contraclual services iliat are under bid n copy of the statement specified in subsection (1). 4, In the statement specified in subs~ctioD. (1), notify the employees that, as a condition ofwol'1ting on. the commodities OJ; contraotual services that are under bid, the employe" will abide by the teIn'lS of the statement and wi1l notifjr th~ employer of any conviction of, or plea of guilty or nolo contendere to, aJ:W violation of Chapter 893 (Florida Statutes) or of any controlled sllbstnuce law of the United States or any state, fOl;" n violation OCCUlting in tho workplace no later than five (5) days after such. conviction. 5. Impose a smction on, or require the satisfactory pndicipation in It drug abuse assistance or rehabilitation program if such is aVailable in'the employee's commwrlly, or any employee who is so convicted. 6. Make a good fnith effort to continue to maintain a drug-free workplace through implementation oftbis section. As the person authori2;ed t<l sign the statement, I certify that this firm complies fully with the above requirementa. tfv).~ 4M~~ ~.~ ,~~ Bidder's Signanu-e '?1( ~~~ tf~r~ c..~w--;~ " (f J/J..-I-04 Date OMB - MCP#5 '. m;XIBillJmIT'lf' .A\ JPaaw;e n @if'] GlENEffi}1lL JL1I.AJ3HDLK']f1( lliSlUiPu%NCE lREQlill!RJEMJEN1'S FOR CONTRACT JEE'Jl'iVEJEN MO~TROE COUNTY, FJLORJlDA AN]) Prior to the commencement of work governed by this contract, the Contractor shaH obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a mininllun: o Premises Operations '" Products and Completed Operations Q Blan1cet Contractual Liability Q Personal Injury Liability o Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per OCClUTel1Ce $ 50,000 Property Damage An Occurrence FOlm policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the pedod for which claims may he reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional hlsured on an policies issned to satisfY the above requirements. GLl 1fGX1Hill1illlJ:'}f ~Li Jf2lg0 2 @Jf:3 VEUimCJLliE lLTLA.llMLH'fY JfNS[JlRA1~CE JRJEQ1iJJIUMENTS lFOR CON'flRJiC'Jf' BETWEEN MONROE l()1)lJJNTY~ IFlLOIDJ!}A AND Recognizing that the work govemed by this contraot requires the use of vehicles, the Contractor, plioI' to the commencement of work, shaH obtain Vehicle Liability Insurance. Coverage shaH be maintained throughout the life of the contract and include, as a minimum, liability coverage for; o Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Dcoun'ence $ 25,000 Property Damage The Monroe County Board of County COmmissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. VJL:B. Page 7 of 8 JEJOBIITllilII'JI' A. l~21ge 3 @jf J WORlKElRSi cCOMJibJENSATllON D:NS1!JJPJi\.l\TClE JREQUKJR.iEMJEN'1l'S FOR CONTRACT BETWEEN MONROE COUNTY, FLORIII.DA AN]) PlioI' to the commencement of work govemed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to FLorida Statute 440. In addition. the Contractor shall obtain Employers' Liability Insurance with limits of not less than; $100,000 Bodily Injm-y by Accident $500,000 Bodily fujury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor. as an authollzed self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. lithe Contractor participates in a self~insul'ance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCJl. R~sk M8i.;;QgbtB.eM 8nd HeHlth fmdJ ~!'8f~=;i.~i - k~l.,?of <of I[~lS\,lr.fmCe P~ge E of ~ DATE ISSUF-ill: 26-Sep-2VD6 INSURED: 3'lF It 'JrJEMlJEN'JI' Ow iH~St[.ilillAN<cm: W4JlID. .lVillE!ID'IT'Jltt'QiJ.1<mc~ TINlC. MEDTRONIC EMERGENCY RESPONSE SYSTEMS COViER#..\,GlES: The policies of insumnce Ilod coverages listed below have been issued to the insured nomed Eo the left for lhe polie)' period indicated. The jtlS~lr.mee afforded by these policies is subject !o aU of the terms, conditions :lnd eKclusions of the actual policies. Thill s mtement of insurance does not grllnt the recipient any rights under tllese policies. Limits shown may have been reduced by paid claims. Medtronic, Inc. 710 Medtronic Parkway, LC310 Mirmeapolis, lVlN 55432 CAmllDE ACE USA (Ace Amenc,1n Insuronce Com II 'l!''flPm; OlF C:OVJEMGJE; COVERAGE UMII'll.'S PERJ!:OD Gener<11 Liability inclUding products! flI06 - Pet Occurrence $5,000,000 mplcted operations, fonvorldwfde General emtions Policy #HDCG21 7319S5 511107 A e .ate $5,OOlJ,OOO lomobile Liability 511/06 - Combined NOll-'Owned and Owned Autos 5/1107 Single Limit $1.(100,00 mSA H08220049 erst Compensation~ and Employers Liability ~!.atutory Limj~ Policy ItWLRC44440428 511f06 - Policy l/SCFC44440441 .Each Accidem $1,000,000 Policy f~C4444043A 5/1107 -Each Emp. $1,000,000 Policy fNVCUC44440-1-53 .Policy Limit $1.000,000 ~'MN.P...z.. VI Asclf-ins:ured ACE USA (Ace American Insurance Company) (ACE American Ins. Co.) C(()):MlMll!:N'J['S~ W <.liver of Subrogation and/or additional insl1re~ starns applies only if it is reflected in your written agreement with insured. 'll'lHlliS S'FA 'H'lEMlENT rrSSllJJElfli TO: CANCELLATION Monroe County Board oJ County COmmissioners Risk Management Dept 1100 Simonton Slreet Key West, P1 33040 ~HOtJLJ} ANY OF'l1mASOVE DESClUDED COV1mAGES BE CANCIiLLflJ) JleFOltBTHE E)ll'IRATIONDATE 'lllEREUFWE' waL BNDEAVOR. TO MAlL.3Q DAYS V.I1U'l"11!N NOTICE TO nrs STA11iMENTHOLOER NAMED toTBELEFl'. DUTf'A1LURE 1'0 MAlL SUCH NOT1CliSHALL lMl'OSEN"O OBLIGATION on L!ADill'IY OF ANYl{!ND UPON THECOMPANY. lTS AGEmS OR tmPRESEl'ITATIVES, ~dHr- Gary A. Nelson, VP IDs1, Management &. Chief Compliance Officer httD:ffilltranetZ.medttonic.com/[lewrislung,mtlsmutcfm 9/26/2006 JE}~QHm!ffiJI']f Iffi JP21ge jl ((PH [S 1I'IECCJI-lINITCAJL SIElEtVIUC.nt SlUJP1PCOlR1r ACq~EEMllEN1I' ~~ '-i-~ ~@lliH:w@~iRi]~ AJlr.;.-;:.r.-1{ I'.:.lir. haf(r~JX ll::J1:b.F;.IZ(:".Jilf,t Uft Contract Number: End User # 03189501 MONROE COUNTY FIRE RESCUE 490 63RD 8T MARATHON, FL 33050 Bill To fi 03189501 MONROE COUNTY FIRE RESCUE 490 63RD ST MARATHON, FL 33050 This Teclmicnl Service Support Agreement begins on 11/1/2006 nnd expires on 10/31/2007. The designated Covered Equipment andlol' Software is listed on Schedule A. This Technical Service Agreement is subjectto the Terms und Conditions on the reverse side of this document llnd any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Tecbnicnl Service SUpport Agreement is also subject to Medtl'onic's Dam Management Support and Upgrade Service Terms und Conditions, rev 7199-1. Price of coverage specified on Schcdule A is $15,809.00 per term, payable in Monthly in arrears installments. Special Terms [7% DISCOUNT ON LP12 UPGRADES By: &c;. By: Title: Brian Webster vice President -.,.,~.",I ~~arl(eting at Solutions Print: Date: Title: C h CI.. J .... P'Vi a:. 1'7 - Date: 10 - I Purchase Order Number: Territory Rcp: BASS59 Montero, Sandra Phone: 800-442-1142 x2081 FAX: 300-772-3340 Customer Contact: MONROE COUNTY ATTORNEY Darice Hayes APPROVED AS TO FORM: Phone: 305-289-6004 ~d~-?4A'~ FAX: 305-239-6013 SUS II M. GRIMSLEY / ASSISTA COUNTY ATTORNeV Dmtm -Ltl- 7_- ~ Reference Number: 859-1313 Renewal Pl'il1ted: 9/llJ2006 Page 1 of 8 lEJL1HillIillll ']I' 1Bl 'm. .<;, '" (W li"'21ge .t, @jl cl> r~1EDTRONJC EMERGENCY RESPO~JSE SYS'IEMS, fNC. TECHNICAL SERVICE SUPPORT AGRE"EMENTTERMS AND CONDITIONS REI~EWAL TERMS Mad/mnic Emergsncy Response Systems. loe.'$ f'Medtronle") acceptance of Customer's Technical Service SUpport Agreement Is expressly condrtioned on Customer's assent to the terms set forth In this documant and its allachments. Medtronlc agrees to furnish the SBrurces ordered by Customer only on lhese terms, and Gustomer's acceptancEl of any porllon oflne goods and servIces covered by lhls documentshall confirm !heir acceptance by Customer. Tllsse terms cans!i(ute the complete agreement between lhe parlies and they shall govern any conmcling or ambiguous terms on Customer's purchase order or on other documenls submitted to Medlronlc by Customer. ThBse ferms may not be revIsed in any manner wlll10ut the prior wrlUen Gonsent of an offr~r of Medlronlc, REPAIR SERVICES Jf "Repair" selVlces are deslgnated, subjectlo the Exclusions Idenllfted balow, Ulay shall Include, for the designated Covered Equipment, all raparr parts and materials required, all requIred Medtronlc service technic ran rabor, and all related travel expenses. For offsl!<3 (ship-In} services, unlls wllJ be re!ume(] to Cuslomer by Medtronlc (relght prepaid, INSPECTION SERVICES If"lnspecUon" services are desIgnated, subject to the Excruslons Idemmed below, ll1ey shall Include, (or !he designated Covered Equfpmsnt, verificallon of proper Inslrument cellbrallon. verification that insltuMent meChanical operations and ouEput measurements are consfslent willi appllGabfe product speclflcalions, performance of an electrical safety chec[e In accordance wllh National FIre and Protection GuIdelines, all required Medlronlc service technIcIan fabor and all refaled fravel expenses. For orielle (ship'in) selVices, units wilt be returned to Cusfomer by Medtronic freight prepaId. DOCUMENTATION Following each Repalraml/or Inspection, Medtronlc villi provide Customerwllh a INlitten report of acllons tal(ell or reCOlntnamled and [denliflcatloll of any materials replaced Of recommended for roplacement. LOANERS If a Mecltronfc Product Is designated as e unIt of CoVered EquIpment for Repair Services and needs [0 be removed from service to complete repalrs, an appropriate Loaner unit will be provldad, ifavallable, unUlll1e removad unit Is relurned. Cuslomer assumes comple!e respOllslbllflyfor the Loaner and shan return !he Loanerto Medtronlc In the same condition as received. a! Customer's ellpense, upolllhe earlier oflhe relUm oftha removed unit or Medtronlc's reeruesl. ~<CLUSIONS ThIs TechnIcal Service Support AjJreement does not InclUde: supply or repelr of accessories or dlspollables (e.g.. patient cables, recorder paper, etC.)i repair of d<lmage caused by misuse, <thuss, abnonnal opemllng condllions, operator errorG, andfor !lcts of God; repairs to relUm an Instrument to norm at operattng equipment at the lime of Inmal servlca by Madlrenle under !hIs Technfcal SelVlee Support Agreemenl; case changes: repaIr or replacement ofltems nQt originally dlstrlbuted or Installed by Medtronlc; and Bxcfusfons on Schedule B to this TechnIcal SCllVlcG Support Agreement, If any, whICh apply to Covered Equrpment SCHEDULE SERVICES Deslgnaled Repair and Inspecl10ns SSlVlcBS will be performed at !he designated servIce frequency and during designated service hours except where service teChnIcians are rendered ullsvallable dUe tel mandatory trafnlng commitments. In which case Medlronlc will provIde allemata cow rage. Customer Is 10 E111sura Coverad EqUIpMent Is available for RepaIr and/or lnspeclion at scheduled limes. If Covered Equipment Is not aVailable as scheduled and Cuatomer requlIsls addllfonal seMues to be performed or If Medlronic Is requesled to perform Repalr or Inspection seJVlcas not deslQllated In this Technfcal Service Support Agreement (due to the nalure of services selectEld, Instruments Involved no! being Covered EquIpment, request beIng outside ofdasrgnllled servioe fi'equency or hours. or applIcation of the eecluslans): Customer shall reimburse Medlronlcat Medlronlc's standard Jabor rates less 10% (Including OVllrtfme, If appropriale), plus standard Ust prices far related parts ~nd malerlals less 15%, plus aclullllmvel costs incurred. PAYMENT The cost of selViCtls performed by Medtronlc shall be payable by CustomElr wl[f1ln !hllty (30) dllYG of Ctu;lomer's receipt of MedtronTc's lnvofca (or such other farms as Medlronlc confirms 10 Custelmer In wrlflng). In addillon to the cost of sSJVlces performed, CUstomer shall payor- relmbutlle Medtronlc (or any taxes assessed Medfronfc. Iflhs number orconllguraUon ofCoverad. E:qulpmentls altered during the Term of !hIs Technical SelVlca Support A~reemenl, the price of Services shall be adjussd accordrngly. WARRANTY Medtronlcwarrants ServIces perlonned under lhls Tachnlcal Service Support Agreement and replacemen!parm proVIded in performIng such ServIces agalnst defecls in material and Wotlcmansl1Jp for nInety (eO} days fTom the dale a SelVlce was performed or a part was provided. Customers sola remedy shall be reservicfng the affected unit and/or replacement of any partdalermlned to be defective, wUhou! any addmonal CUSloffilOlr charge. provided Customer notlfies Madtronle of any allegedly defectlve condlllon 'tilth In ten (10) calendar days of its discovery by Customer. Medtrontc mal,as no other warranttes, express orlmplfed, [ndudlng. wffhout IimltaUon. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL MEDTRONJC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. Reference Number: 859.1313 PI1nted:9/11/2006 RenewllI Page 2 of II lEXIBmmnl'F Iill JID@ge ;5 ,mY ~ TERMfNATION Eilher party may !etmin<lta tills Technical Servloo SliPPOr! AgreCllnent at any time upon s~(ty (aO) (lays prior w,men notice to (he ollier, B]rceplth<lt Mad Ironic may terminate lhis Technical Service Suppar1 Agreementimmedjately upon Customer's failure ro mal;8 timely payments for sarvices rendered under this Technical SeiVlc'il Support Agreement In fue Elvent oftermlnallan. Customer $haff be obligated to reimburse Med!ronlc for that portion of the designated price which cormsponds to lilat portion of the Term and the SCOpe of San,ricas providad prior to tlle effective date of tenn/natlon, . DELAYS Medlronlc Villi not be liable far any loss or damage of any ldnd dUe to its fallure to perform or delays in its peJfol1llance resulting from any cause beyond Us reasonable control, includIng, but not rimlted 10, acts of GOd, labor dJsputes, labor shortages, lhe requirems!lts of any governmental authority, war, civil unrest, delays in manufactura, oblalnlng any required license or PSl11lil. and Medlronfc's lnabllily to obtaIn gOods from Its usual SOUffies. Any such delay shall not be consIdered a breach of Medlronlc's obligations andlhe peJformanc& dales shalf be eKtended for lhe length of such delay. MISCELlANEOUS a) Customer agretls to not employ or Offer employmanllo anyone parfonnlng SaMms on Medlronlc's behalf during the Tsnn of 1l11s Technical Service Support Agreement or for one (1) year follOWIng Its eXplratlon without Medtronlo's prIor written consent. b) ThIs TechnIcal Service Support Agreement, and any related oflllgation of olher party, may not be assigned in whole or In parI without the prior vllitlen consent of the other party. 0) The lights ~nd oblfgaUons pf Medlronlc and Customer ul1der lhls Technical Se rvlce SupportAgraemant shall be governed by the laws of the Stale in whloh lhe servIce Is provided. All costs and ellpenses Incurred by tha prevtllllng party relaled to Ihe enforcement oflu; lights under thIs docl1ll1ent, lnc[udrng reasonable attorney's feas, shall be reimbursed by the other party_ ~~. ........ .... .,.~ ,.... ...~. ..U. h..~..... .., ... 'ou ...n.. .... ..'f. ~.",........ .'. ,,,+_....., .... MO" U ........ ~........, ..... o. .... .... '" ............ U 'Oi ..10.. ......"ollo ..........~.., ..... .,.... ................... ...... ..................... ....."............. ......... ...end.. ........ ........ ....... on....... ....... ........................... ............., ......,........ Reference Number: $59-1313 Pri\lted: 911112006 Renewal Page 3 of 8 JEXW.JJUR\I('IC ill TI))"l>',"~:), ,~ .mlt'" ~ -- 01J.S-.:,...o il \lP IV MlEllil".['1RN)lNiC 16ft1l1El~<GJlj;N<CY nSli"iQlI~rSm; !3YSTlEIWS, liNC'. 'Jfl!!:CIH!NJICAJL 8.EllitVKCE SlU~1PO.R'F AGWJIT:JETh1ill!:NT SCDjj}[JILJE A Conttact Number: Servicing Rep; Montero, Sandra, EASS59 D lstlict: SOUTHERN Phone: 800-442~n42 x2081 FAX: 800-772~3340 Equipment Location: MONROE COUNTY FIRE RESCUE, 03189501 490 63RD Sy MARATHON, FL 33050 Scope Of Service Ship In Repair - 2 On Site Inspections per year:M-F/8-5 Ref. Effectllfe Expirallon Tolal Madel Part Number Serial Number Lfue Date Date lnsllec!lons LlFEPAl(@1O 804200-)4 001137 1 IIIIIZ006 10/3112007 2 LIFEPAK@ 10 fl(l4200-14 004475 2 1lI1flO06 10/3112007 2 LIFBPAK@JO 804200-211 007300 $ 111112006 10/3112007 2 LWEPA1(@ 10 lU/4200-26 007308 4 1l/Ir.W06 10/3112007 2 LII'EPAlCOli 10 80'~200-2B 00732.7 5 ] 11112006 10/311Z007 2 LIFEPAlC@ 10 804200-49 070414 6 111112006 10131/20(}7 2 LIFEl'AK@ 10 1104200-49 070525 25 111112006 1013112007 2 LIFEPAKtllJ 12 VLPI2.Q~OOSOI3 32624452 26 llllflO06 10/3112007 2 UI'EPAI(@12 VLPI2-02-002269 13451334 7 111112006 10/3 [12007 '2 LIFEPAI{@ 12 VLPI2.02.002269 1345W39 8 1II1J2006 1013112007 2; LIFEPAIC@ 12 VLPI2-(l2-002269 13451840 9 [ 11112006 10131/2007 2 LfFBPAI{@ 12 VLE'IZ-02-002269 13451B41 10 111112006 10/31/2007 2; LlFBl.>AK@ [2 VLPI2-02.002269 134511142 ~'l 1lIl/2006 10/3112007 2 LIFEP Amlj) 12 VLP12-0~002269 13451843 12 I 1I112006 10131/2007 2 Scope Of Service Ship In Repair Only:M-FJ8.5 Ref. EJfl;lcUve expIration Total Madel Part Number Serial Number Lfue Dnto Dale Inspections BATTERY SUPPORT SYSTEM nOIB{)7.12 012341 19 1II112Q06 10/3112007 {) BATTERY SUPPORT SYSTEM 301807.12 014699 20 11/112006 10/3112007 0 BATTERY SUPPORT SYSTEM 1101807-12 017090 21 11/112006 10131120a7 0 BA'ITERY SUPPORT SVS'rEM 8al307-12 017116 22 1II112006 W/3112007 {) BATTEllY SUPPORT SYSTl3M 801307.12 017121 23 111112006 1013112007 0 BATrERY SUPPORT SYSrEM IlOI1l07-21 034696 24 111112006 10/3112007 0 BATTERY SUPPORT SVSTEM2 VBSS2-0Z.000009 32620322 27 WI12006 10/3112007 0 BATTERY SUPPORT SYSTBM2. VBSS2..0Z-0000G9 11122706 is 111112006 1013112007 0 BATTERY SUPPORT SYSTEM 2. VBSS2-02-0000(}9 11122707 14 11f112Q06 10/3112007 {) BA TIBRY SUPPORT SYSTEM 2 VBSS2.0Z-000009 13426192 15 Il!U2006 10/31/2007 0 BATISRY SUPPORT SYSTEM 2. VBSS2-02-000009 13445563 16 1lI1r.W06 10/3112001 {) Reference Number; SS9~ 1313 Renewal Printed: 9/11/2006 Page 4 of 8 J1;;XlI1TlIImTI1r 13; n(!l",~"", JP. n I C~~\!;: 3 <!Jill ,u) BATTERY SUPtlORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2.02A1I10009 13445566 IY045567 '17 '18 j lIJ/1006 ] l{1110M ~~ Denotes an inventory 1ine that llas changed since the lilSt contmct revision or addendulU. Reference Number: S59~1313 Printed: 911111006 10/3112(107 lO/3lf2007 (l o Renewal Page 5 of 8 n:eXIHiJrIill If']' ]ffi lD.l IC r;.' ((l lL~ 8lge \[J) 1Dl! @ Contruct Number: Additional1tems Service Type CASE CHANGE R1/E!DJ'F1R([liNITC .EfMUERGEWCY l.~SlF'(JJll;JS1fG SYS'JI'Elo/JI8, JINC JrEC1HINKCAJL .9IffiRVJrClffi SlU.iP'PORlI' AiGUEiMOENT SCJHll!!:IDiULlE A ltem Quantity Start Date 2 1lIl/2006 LP12 LIMITED CASE CHANGES .. Denotes an adcliUonal Item Une that has changed sincs the last contract revlsloll or adciendum. Reference Number: 859-1313 Printed: 9/1 I/2006 End Date 10/31/2007 Renewal Page 6 of 8 . . , m:XJHOIlilllI1r :!B3 W'21ge '7 @~. a Rll~jDJT1L?i.I[})Nrrrc lER'l[JEjR(j]JIT:NC'Y jp.,JR:S!P'{JlNSE BYS1rlIT:MS, ~rc T]J;C!BINJICCiU, SID;lRVJICm: S\!JiP'1l?Q)lJffi.']f AG-R1EE1WJEN'lr SCJH[JEJ.OlULJE 1ffi LITEPMC@lODEFmillLLATO~10NITORmACEw.uu<ER . Paddle repairs arc included. (paddle atl.1cllll1ents llfC excluded; i.e. pc:dintrie and :mtenor attachments). . Auxiliary Power SUpply inoluded when listed au equipment inventory (Schedule A). . Pacemaker repair is included. . Case changes are excluded. . Pacing and patient cables are eKcluded. . FAST-PA TCH@adapters and QUlK-COMBO= pacingfdofThrillalion adapters are included. . Repair coverage for Medtronic@ EeG, Pacing and Defibrillation Simulators inclUded. Medtmnic@ Battery Pak . Customer retains fue r~pol1Sibilily to perfonu \he battery maintenance and evaluation procedures outlined i.nlhe service mnnuallll1d to replace batteries tbatdo not pass the conditions outlined under "DiscllrdingfR.ecycIing Batteries." Balleries failing to meet battefjl perfol'ffi!lnce tests should be removed from service llnd properly discarded (recycled). . If customer provides evidence that ~ Medtrouic Baltery Pak fails to meet the performance tests noted above and/or the Batlel}' Pale age exceeds 2; years, Medtronio shall replace said MeclfrotUC BntteiY PaYc (like fur Wee) i.e. F ASTPAK for FASTP AI:::, up to a mllXinmm of 4 Medlt'onic Battery PIl1<s every two years (including prior Support Plan periods) PCI' LlFB!:>AK@10 defibrillator/monitor/pncomal,er (llsted on Schedule A). To assist in proper reoycling nod removal of low cllpacity batteries, replaced BattelY Pales become the property of Medironic and must bo re!llmed at the time of exchange. . Only batteries manufaotured by Medlronic arc covered under this Service Agreement. Any batteries manufactured by oUler &\)Ilrees are exptCllsly cxc]udoi from coverage under lhiIl Service Agreement. Ml::dtron[c cannot gullnlntee the opemtion. safety nnd/orpcrfunnnncll of our product when operating with a non-Mcdlronic baltety. l<epairs and inspections perfonnl!d under this Agreement meet original equipment manufacturer's product specificalions only when opemting with a Medlronlc battery. Any repllirs, liS dctemIined by n Medtronic Servic~Represenmtive, resulting from the use ofanon-Medlronio battery, wiII be billed at Ollrstllndard list prices [orp;:u1s and labor, including actual travel charges incurred. Reference Number: S59-1313 Printed: 9/l1/2006 Renewal Page 7 of 8 , ID:}{IT-IimEll1f' Illi ~aage g @JI 3 lo/illE!IJl']['R<Oill;;fJIC 1TI:MIEJ&iGlli:NCY ilmS]F'i[[JN&lE f.'JYS1rlEl%8$ lif1C. TJECJillNICAl. SJf,i;RVJICm: SlUJPJII'l!JllFt'I[' AGJR1i[,ElViOEN'F SClBlEllJJlU]LJ1]; lE LlFEP AK@ 12 DEFLBRlLLA TOR/I\llONITOR . AC Power Adapter included when listed on equipmentinvcntory (Schedule A). . DC Power Adapter included when listed ou equipmentillventory (Schedule A). , Defibrillator paddle repairs arc includci (excludes internal, stedlizabto and pediauio paddles). . Communioations and Patient enblcsnrc cl1:cluded. . PCMCIA Modems arc excluded. . Therapy cables are excluded. . Sp02 Sensors are excluded, . Case Changes are el'cluded. . Discount 007% from the field installed list price for any ourrent lind/or future available LIFBP AKQ1I12 upgrade is included when inslalled by Medtronic Technical Services. . Discounts may not be combined wil.ll any other special terms, discounts andlorpromotiolls. Medtronic Fnstpak@, Faslpnk 2, Lifepak SLA and Lifcpnk NiCd Battery . Customer retains the responsibitily to perfonn the bnttery mnintenance nnd evaluation procedures outlined in lhe opemting instntction mauual. and \Q replace batteries thatdo not pass the conditions outlined undel' "DiscardIng! Recycling Batteries," Batteries failing to meet bnttcry perrormancc tests should be removed from service and properly discnrded (reCYCled). . If custolller provides evidence that a l\1edtronic 13altery Pnk fails to me~t the pcrfunnanoe tests noted above and/or the l3attery Pale age exceeds 2 years, Medtronlc shaUreplace snid Mcdtton1c Bauery .Pnk (liIce for like) i.e. FASTPAK forFASTPAK, FASTPAK.2 for FASTPAK2, LlFBPAK SLAforLIFEPARSLA, orLIFEPAKNiCd for LIFBPAKNiCd, up to altlllXimum. of 4 Medtronic Battery Palm every two years (including prior SUpportPhm periods) per LIFEPAlC@ 12 defibriUntorfmonitor (listed 011 Schedule A), To asslst in proper lcCycting and removal ofl.ow cnpacity batteries, replaced Battery Pates become the property ofMedb:onic and mustbe retumed at the time of0Kchange. . Only batteriCll mnnufactln'ed by MedlJDnic are covered ullder this Setvice Agreement. Any batteries manufactured by other sources are eltprcssly eKcludw. from ooverage under this Service Agreement. Medtronic ClUlllot guarnnree the operation, safety and/or petfollIUlllcc of our product when opetating with ~ non-Medtronic bnt!e\y. Repairs and iospections p~rformed under this Agreementmeet original equipmentrnanufacturer's product specifications only when operating wilh n Medttonic battery. Any repairs, 1UI determined by n Medlronlc Service Representative, resulting from the use of a tlon.Mootronie battery, will be billed at our standnrd list prices for par1ll nnd labor, inCluding actual travel charges incurred. Lifepak@12Software Updates . If combined Repair and Inspeotion services are designated on the Technical Service SUPPoli Agreement inventory for Lifcplil~ 12ll1lits, at the customer's request, a Mednunic Technicnl ServicesRepresenllltive will install Lifepak 12 software updates atno additional charge provided it is inslll1led at the time ofa regularly scheduled iJL<pection. In addition during the term of this agreement. where an llS.'lembly such as a printed clrouit board mllst be r-eplneed in order to install the new softWaHl, these as'scmblies may be purchnsed by the customer at II 5G% discount off the eurrent list price ota new assembly. Software UPUlltes request&! k> be installed atl;!. time otherthnn the regularly scheduled iU!ljlconQn will be biUcd at $205perunit per software llpdate. The cost of the softw4re updnte will be billed on n sepamte invoioe, . IfRevair-Only services lire designnted on the SemcCl Older invelltOlY for Lifepnlc 12 units, nt the customer's request n Meclrromc Teolmiollt Services Rep~sel1tative will install a Lifepnlc 12 software updnte at a discounted price of $205 per unit per software tip date. !nllddition during the rellU oftWs llgreement, where au assembly such os 11 printed chcmt board mllstbe replncedin ordel'to ll1slnU the new software, these assemblies may be purchl\!led by the CUS!OlUer nt a. 50% discount off the cu.."1\lntlist price ofn new assembly. The cost oftne software update will be billed on 11 separate invoice. . Discounts ma.y not be combined \v.ith any other special terms, discollnts llndfor promotions, Reference Number: S59~1313 Printed: 9/1 112006 Renewal Page 8 of 3 RENEWAL AGREEMENT TIns RENEWAL AGREEMENT dated the 1st day of November ~ 2007, by and between the Board of Govemors of Fire and Ambulance Dish1ct 1 ofMomoe County, Florida, hei'einafter called the "COill\1TY" and MEDTRONIC Emergency Response Systems, Inc., hereinafter refened to as "CONTRACTOR". WITNESSETH WHEREAS, the parties hereto did enter into an Agreement dated October 18,2006 for the preventative inspection and maintenance of biomedical equipment for the Board ofGovemors of Fire and Ambulance District 1; and WHEREAS, said Agreement provided an option to the COUNTY to renew the contract for two (2) additional one (1) year temls; and WHEREAS, the COUNTY has elected to exercise said first one (1) year renewal option for the continuation of preventative inspection and maintenance of biomedical equipment for the Board of Govemors of Fire and Ambulance Distlict 1 ; now therefore IN CONSIDERATION oftlle mutual convenants and obligations contained herein, the parties agree as follows: L The COUNTY elects to renew the contract for an additional year pursuant to Paragraph 4; Section A of the Agreement entered October 18, 2006. 2. The effective date oftIris anlendment is November 1, 2007 and shall extend through October 31, 2008, under the same tenns and conditions of the contract dated October 18, 2006. 3. All other tenns and conditions ofthe contract dated October 18,2006 shall remain in fun force and effect. (SEAL) Attest: Dalmy L. Kolhage, Clerk BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 OF MO~UN7A By: - Mayor/Chairman By:~o.Ld.Q.I5Jv)t~ DeputyClerlc - 9 - \ q - D I (CORPORATE SEAL) Attest: By: @;UA#& A. S?~ rJ#- E~t2.{eyl2Le MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INe. nIl. I ...-;.~ . f BY:.X...fAeJ\{\.p c~ ( _ ~_JL Title: C 6 Yl-h-Cl c+ Coo (( d L h.5:...iwv Title: \\\\\\111 tl fllll/f. ~.s:\ a-Co 11 tro"0... ~ r;,~ .......... '/ ~ ~ ::\~..' .f:.~ ~ ~".,'<::t. .1'... .;:;o"'""'"t: ".0 -::: :::: : Corporate ~' ;; =. Sear ::::: :g:. r966 ,: S -:::- .. : :::- ~.. .. S ~ t;~.. t .~. ~ ':i: '1/. '., .... <:\. ....~ ':4/1 <-1s/] ing'to \\\\". '11111111 J 11I1\ \\\\ MONROE COUNTY ATTORNEY A?!?ROYED AVOJ ~OFl,M: LYk{.1-&~ il' I {+tLV -- -U5'7NfHTA[, f-JALL ASSISTANT {90~NTY '~1'TORNEY Date~~~NV~~":~_ &~ .1J1fbi,?- __~