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FY2013-2014 1st Renewal 11/20/2013 I %' . AMY HEAVILIN, CPA � � CLERK OF CIRCUIT COURT & COMPTROLLER ��j MONROE COUNTY,FLORIDA DATE: December 23, 2013 TO: Chief James Callahan ATTN: Mary Napoly, Admin. Asst FROM: Vitia Fernandez, D.C./ / / 1 At the November 20, 2013, Board of Cou //16y//Coo/mmissioner's meeting the Board granted approval and authorized execution of the following Item K2 Approval to exercise the first renewal option of the Agreement between Physio-Control, Inc. and Board of Governors Fire, Ambulance District 1 of Monroe County, Florida, for preventative maintenance and inspection of medical LifePak equipment. The term of the agreement was November 1, 2012 through October 31, 2013. The term of the renewal will be November 1, 2013 through October 31, 2014 with a revision to the first sentence of paragraph 2 of the agreement to now read as follows: "The COUNTY shall pay the CONTRACTOR a total amount of$18,485.44 for the faithful performance of the Contract, in lawful money of the United States;"and authorization for Mayor to execute same, along with revised Technical Service Support Agreement with Physio-Control, Inc. Attached is the electronic copy of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. CC: County Attorney (electronic copy) Finance (electronic copy) File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146 RENEWAL AGREEMENT THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 AND PHYSIO CONTROL,INC. This RENEWAL AGREEMENT is dated the 1"day of November 2013, by and between The Board of Governors of Fire and Ambulance District I of Monroe County Florida, hereinafter referred to as the"COUNTY", and Physio Control, Inc., hereinafter referred to as"CONTRACTOR". WITNESSETH WHEREAS, the parties hereto did enter into an Agreement dated November I, 2012 through October 31, 2013 to provide sole source preventative maintenance and inspection on medical LifePak equipment, owned and operated by Fire and Ambulance District I through October 31. 2013; and WHEREAS,said Agreement provided an option to the County to renew the Contract for two(2) additional one(1)year terms; and WHEREAS, the County has elected to exercise the first renewal option for the continuation of pzgviding sgl4sougce preventative maintenance and inspection on medical LifePak equipment: p and ,_c o r*t NOW THEREFORE. - — rri IN) -n O INCONSIDERATION of the mutual covenants and obligations contained herein, the parties agree as follows: -" -0 3 rn I. The County elects to exercise the first renewal of the Agreement for one(I)additional year pursuantjg Ai le 4 of the Agreement. to a 2. The effective date of the Renewal Agreement is November I,2013 extending through October 31, 2941. o 3. The first sentence of paragraph 2 of the Agreement is revised to read as follows: "The COUNTY shall pay the CONTRACTOR a total amount of$18,485.44 for the faithful performance of the Contract, in lawful money of the United States." 4. A new Technical Service Support Agreement, attached to this Renewal Agreement, is hereby adopted in place, and instead of,the Technical Service Support Agreement attached to the Agreement dated November 1, 2012. All other terms and conditions of the Agreement dated November 1. 2012 shall remain in full force and effect. BOARD OF GOVERNORS OF FIRE AND ' A HEAVILIN, CLERK AMBULANCE DISTRICT 1 OF MONROE 4 �. COUNTY,FL Byl V By: Deputy Clerk Mayor/Chairman PHYSIO CONTROL,INC. MONROE COUNTY ATTORNEY APp OVE AS To r,rG C NTHIA L. HALL Wiry) rN n�/ ASSISTANT COUNTY�AG 3 RNEY By C'7 '7/liut WiY ) TInufA Date Date: 10/;012/A3 TECHNICAL SERVICE SUPPORT AGREEMENT PHYSIO QUOTATION CONTROL This Quotation is good for 90 days beginning Friday,October 25,2013 End User# 03189501 Bill To 6 03189501 MONROE CTY FIRE RESCUE MONROE CTY FIRE RESCUE 490 63RD ST OCEAN 490 63RD ST OCEAN EMS SUPPLIES EMS SUPPLIES MARATHON,FL 33050 MARATHON, FL 33050 This Technical Service Support Agreement begins on 11/1/2013 and expires on 10/31/2014. The designated Covered Equipment and/or Soliware is listed on Schedule A.This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Controls Data Management Support and Upgrade Service Terms and Conditions,rev 7/99-1. Price of coverage specified on Schedule A is $18,485.44 per term,payable in Annual in arrears installments. Special Terms 15%DISCOUNT ON ACCESSORIES 15%DISCOUNT ON ALL ELECTRODES Accepted: Physio-Control, Inc. Customer: MMJROE COJiV'ry F/RE Res cur. ep� By: ` 110- \/\ By: e/g. .-.5( _... Title: vi-IV �'t heiz t/1 / 11 Othiji I Print: ✓ ,b4 b.,A, Date: tof ;011,0 ) Title: FIRE CN#Eg Date: /a-3-/3 Purchase Order Number: Territory Rep: EAVV67 Customer Contact: Miguel Rodriguez Holly Pfiester Phone: MON OE COUNTY ATTORNEY Phone: 305-289-6088 A OVED-AS T FO M: FAX: 800-772-3340 vac,_^- FAX: 305-289-6007 ^NT"HIIA L. HALL ASSISTANT COUNTY ATTORNEY Reference Number: V67-1125 Renewal Date Printed: 10/25/2013 Page 1 of 6 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature or purchase order referencing this Technical Service Support Agreement are required prior to Physic-Control's acceptance of this Agreement. This Agreement covers only the equipment listed on Schedule A(Covered Equipment"). These terms constitute the complete agreement between the parties and they shall govern over any other documents.These terms may not be revised in any manner without the prior written consent of Physio-Control. SERVICES.The services provided under this Agreement are set forth on Schedule A.Physio-Control strives to return service calls within two(2)hours,and strives to resolve service issues within twenty-four(24)hours.Following service,Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following services are available: "Repair Only Service"means repairs,Battery Replacement Service,parts and labor necessary to restore Covered Equipment to original specifications,subject to Exclusions. "Inspection Only Service"means inspections of Covered Equipment to verify proper device calibration,mechanical operations and output measurements,electrical safety check in accordance with National Fire Protection Association(NFPA)guidelines and labor,subject to Exclusions. "Repair and Inspect Service"means repairs,Battery Replacement Service,parts and labor necessary to restore Covered Equipment to original specifications,and inspections to verify proper device calibration,mechanical operations and output measurements,electrical safety check in accordance with NFPA guidelines and Updates(as set forth below),subject to Exclusions. "Battery Replacement Service"means replacement of batteries on a one-for-one,like-for-like basis,up to the number of batteries and/or devices listed in Schedule A. Only batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control of the occurrence of: (i) Battery failure as determined by Customers performance testing and evaluation in accordance with the applicable Operating Instructions;or (ii) The end of the useful life of the battery as set forth in the applicable Operating Instructions At the discretion of Physio-Control,battery replacement shall be effected by shipment to Customer and replacement by _Customer,or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of a replacement battery,the battery being replaced shall become the property of PhysiaControl,and Customer must return the battery being replaced to Physio-Control for proper disposal.In the event that Physio-Control does not receive the battery. Customer will be charged at the then-current rate for the replacement battery. "On-Site Service"means that a Physio-Control factory-trained technician will provide service at Customers location. Services will be performed between 8:00am and 5:00pm local time,Monday through Friday,excluding holidays. Customer is to ensure Covered Equipment is available for service at scheduled times. Some service may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated service facility for repair. "24-hour On-Site Service"means that a Physio-Control factory-trained technician will provide service at Customers location at any time,except on the holidays listed above. Customer is to ensure Covered Equipment is available for service at scheduled times. Some service may not be completed On-Site. Physio-Conuol will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated service facility for repair. "Ship-In Service"means that service will be performed at Physio-Control's designated service facility. Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated service facility for repair. If Covered Equipment is not available as scheduled or Customer requests services or goods not covered by this Agreement or outside of designated service frequency or hours.Physio-Control will charge Customer at Physio-Control's standard labor rates less 10% (including overtime,if appropriate)and applicable travel costs. Parts required for such repairs will be made available at 15%off the then-current list price. EXCLUSIONS.Unless otherwise specified,this Agreement does not include: supply or repair of accessories or disposables repair of damage caused by misuse,abuse,abnormal operating conditions,use of batteries or other products not distributed by Physio-Control.operator errors,or acts of God n case changes repair or replacement of items not originally distributed or installed by Physio-Control E' Upgrades and installation of Upgrades battery maintenance,performance testing,evaluation,removal and recycling Reference Number: V67-1125 Renewal Printed: 10/25/2013 Page 2 of 6 LOANERS.If Covered Equipment must be removed from service to complete repairs,Physio-Control will provide Customer with a loaner device,if one is available,until the Covered Equipment is returned.Customer assumes complete responsibility for the loaner and shall return the loaner at Customers expense to Physio-Control in the same condition as received,upon the earlier of the return of the removed Covered Equipment or Physio-Control's request. UPDATES."Update"means a change to a device to enhance its current features,stability,or software. If Repair and Inspect Service is designated for Covered Equipment on Schedule A.Physio-Control will install Updates at no additional cost.provided such Updates are installed at the time of regularly scheduled service.If pails must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%less than the then-current list price.Updates Installed on Covered Equipment designated as Repair Only Service,Inspect Only Service,or at a time other than regularly scheduled Repair and Inspect Service will be billed on a separate invoice at the then-current list price less 20%. UPGRADES."Upgrade"means a major,standalone version of software or the addition of features or capabilities to a device. Upgrades must be purchased separately,and are not provided under this Agreement.Upgrades are available at a rate of 17%less than the then-current list price. PRICING. Pricing is set forth on the front page of this Agreement. Prices do not Include taxes. Sales,service or use taxes will be invoiced in addition to the price of the goods and services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term,pricing shall be pro-rated accordingly, For Inspection Only Service and Repair and Inspect Service,no pricing deduction will be made for removal of Covered Equipment If an inspection has already been performed during the Term. Discounts will not be combined with other special terms, discounts,and/or promotions. PAYMENT.Payment is due within thirty(30)days of invoice date. WARRANTY.Physio-Control warrants services performed under this Agreement and replacement parts provided in performing such services against defects in material and workmanship for ninety(90)days from the date a service was performed or a part was provided.Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be defective, without additional charge,provided Customer notifies Physio-Control of any allegedly defective condition within ten(10)calendar days of its discovery by Customer.Physio-Control makes no other warranties,express or implied,Including,without limitation,NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL,OR OTHER DAMAGES. TERM. The initial Term is set forth on the front page of this Agreement.This Agreement shall automatically renew unless terminated by either-party with written notice thirty(30)days prior to the expiration of the then-current term. Prices are subject to change upon renewal. TERMINATION.Either party may terminate this Agreement for material breach by the other party by providing thirty(30)days'written notice to the other party,and provided such breach is not cured within the notice period.In addition,either party may terminate this Agreement at any time upon sixty(60)days'prior written notice to the other party.In the event of such early termination,Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the cost of any services rendered during the Term. DELAYS.Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control,including,but not limited to,ads of God,labor disputes,labor shortages,the requirements of any governmental authority,war,civil unrest,delays in manufacture,obtaining any required license or permit,and Physlo-Controls inability to obtain goods from its usual sources.Any such delay shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE.All devices that are not under Physio-Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired(if necessary)to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. MISCELLANEOUS.(a)Customer agrees to not employ or offer employment to anyone performing services on Physio-Controls behalf during the Term of this Agreement or for one(1)year following its expiration without Physio-Control's prior written consent;(b) this Agreement,and any related obligation of other party,may not be assigned in whole or In part without the prior written consent of the other party;(c)this Agreement shall be governed by the laws of the State in which the service is provided:(d)all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement,including reasonable attorneys fees,shall be reimbursed by the other party. Reference Number: V67-I 125 Renewal Printed: 10/25/2013 Page 3 of 6 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Servicing Rep: Miguel Rodriguez,EAVV67 District: SOUTHEAST Phone: FAX: 800-772-3340 Equipment Location: MONROE CTY FIRE RESCUE,03189501 490 63RD ST OCEAN EMS SUPPLIES MARATHON,FL 33050 Scope Of Service Ship In Repair- 1 On She Inspection per year:M-F/8-5 Ref. Effective Expiration Total Model Pan Number Serial Number lire Date Date Inspections LIFEPAK®12 V4P12-02-002269 13451842 5 II/1/2013 10/312014 I LIFEPAK®12 V4P12-02-002269 13451843 6 II/I/2013 10/312014 LIFEPAK®12 VLPI2-02-005013 32624452 7 11/1/2013 10/31/2014 I LIFEPAK®12 V4P12-02-007228 37050535 8 11/1/2013 10/31/2014 1 LIFEPAK®12 VLP12-02-007228 38338813 9 11/1/2013 10/31/2014 LIFEPAK®12 VLP12-02-007228 38338814 10 1I/1/2013 10/31/2014 I -LIFEPAK®12 V4P12-02-007228 38338815 11 11/1/2013 10/31/2014 1 LIFEPAK®12 VLP12-02-007228 38338816 12 11/12013 10/31/2014 LIFEPAK®12 VLP12-02-007228 38338817 13 11/12013 10/312014 1 LIFEPAK®12 VLPI2-02-007228 38338818 14 11/1/2013 10/312014 LIFEPAK®15 V15-2-001602 41131794 15 2/26/2014 10/312014 LIFEPAK®15 V15-2-001602 41131966 16 2/26/2014 10/31/2014 1 LIFEPAK®15 VI5-2-000050 38538983 1 11/12013 10/31/2014 I LIFEPAK®15 V152-000050 39530548 2 11/1/2013 10/3120/4 LIFEPAK®15 V15-2-000050 40140404 3 11/1/2013 10/312014 LIFEPAK®15 VI5-2-001602 40404625 4 11/1/2013 10/312014 1 ••Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: V67-1125 Renewal Printed: 10/25/2013 Page 4 of 6 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LPI2/15/20 CASE CMG 1-9 I I1/1/2013 10/31/2014 Denotes an additional item line that has changed since the last contract revision or addendum. Reference Number: V67-1125 Renewal Printed: 10/25/2013 Page 5 of 6 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK®12 Defibrillator/Monitor Repair Service includes: •Standard detachable hard paddle repairs. •Power Adapter repair/replacement. •Replacement of failed internal coin cell batteries. •Preventative replacement of internal coin cell batteries up to the number of coin cell batteries listed in the Additional Items section of Schedule A according to Physio-Control service specifications. •Battery Coverage •Replacement of four(4)Physio-Control FASTPAK®,FASTPAK 2,LIFEPAK SLA,LIFEPAK NiCd Battery every two years,or upon battery failure; OR •Replacement of three(3)LIFEPAK Li-ion Batteries every two years,or upon battery failure. LIFEPAK®15 Monitor/Defibrillator Repair Service includes: •Standard detachable hard paddle repairs. •Replacement or repair of Physio-Control Redi-Charge battery charging systems(Catalog#11141-000115)on a one-for-one basis with the total number of LP15 Defibrillator/Monitors listed in Schedule A,and as determined necessary by Physic-Control. •Power Adapter repair/replacement. •Battery Coverage •Replacement of three(3)LIFEPAK Li-ion Batteries every two(2)years,or upon battery failure Reference Number: V67-1125 Renewal Printed: 10/25/2013 Page 6 of 6 Acorn,„, d" CERTIFICATE OF LIABILITY INSURANCE °"'°'/2013 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(les)must 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 CONTACT Marsh USA,Inc. NAME: FAX 1301 51h Avenue,Suite 1900 INC No,Eat): _ _ INC No): - Seattle,WA 98101 EMAIL Atm Seattle.CenRequest@marsh.com l F.211948-4326 ADDRESS: INSURER(S)AFFORDING COVERAGE 1 NAICV 184424-135-CAS-13-14 INSURER A:UMby Forme Insurance Co 120508 INSURED INSURER e:National Fire Insurance Co Of Hartford 2147II Physic-Control lcmati0nal,lot. — - I -- Phy516nV Cn0.Inc.l INSURER C:NIA _ NA 11811 Willows Road NE INSURER D: Redmond,WA 98052 — _ I INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002438241-01 REVISION NUMBER:1 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 ADM SUBR POUCY EFF POUCY EXP 1 UNITS LTR TYPE OF INSURANCE VAR BNB POUCY NUMBER IMMIDD/VWY) IMWDONYYYI A GENERAL LIABILITY 40395UI381 05i0112013 05/01/2014 EACH OCCURRENCE 'E 1'000,900 % I -MIRAGE TORENIED — 1W0000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 'CLAIMS-MADE I X I OCCUR MED EXP(Any one peraon) E 5,000 PERSONAL&ADV INJURY $ 1000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO S EXCLUDED X POLICY'. I PFV 7 LOC I S AUTOMOBILE TY 4029265138(ADS) '05/0112013 05/01/2014 I CEOMBIdE ED SINGLE LIMIT rm S 1Wo W0 B % ANY AUTO 40292651]2(MA) 05101/2013 05/01/2014 BODILY INJURY Per parson) $ B I 1 ALL OWNED SCHEDULED BODILY INJURY(Per accident) S.AUTOS �1 NON-OWNED ' PROPERTY DAMAGE 5 HIRED AUTOS AUTOS i (Per aween9 _ COMP/COLLDED. s 1,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE E _ EXCESS LIAB CLAIMS-MADE LAGGREGATE E_ DED I RETENTION$ Is B WORKERS COMPENSATION 4030507378(ADS) 05/01(2013 05/0112014 X KC STATU- 0TH- I AND EMPLOYERS'LIABILITY TORY I MOB ER _ B ANY CE %4EMTOR 0.lEVEcunvEuIN 40305W3641CA) 05Nip013 05101I2014 E.L.EACH ACCIDENT _ 5 100p,000 OFFICERRAEMBER EXCLUDED' N NIA 1m000O (Mandatory In NH) 1 EL.DISEASE-EA EMPLOYEE 5 IIy5 daacnON under 1,000.000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 5 • • DESCRIPTION OF OPERATIONS I LOCATORS I VEHICLES(Attach?WORD 101,AddINonel Remarks Schedule,If more space I.myulmd) Additimal Insured status applies only R it is reflected in your written contract. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33050 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. /� Cheryl Bermudez flyOBI_ — ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD