2. 12/11/2013 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUR COURT & CONIPiROLLER
MownoE roam, FLORIDA
DATE: January 10, 2013
TO: Chief James Callahan
ATTN. Mary Napoly, Admin. Asst.
FROM Vitia Fernandez, D.
At the November 20, 2013, Board o :: Canty Commissioner's meeting the Board granted approval and
authorized execution of Item G5 Waive Purchasing Policy and issue a Purchase Order, and
approval for the Fire Chief to execute an Application Service Provider Agreement with ZOLL
Data Systems, Inc., provider of RescueNet suite software products for electronic patient care
reports (ePCR), in the annual amount of $16,380.00, plus a one -time $3,000 deployment fee. This
agreement will allow Fire Rescue to continue to license ePCR software. It will also permit the
migration and responsibility for configuration, maintenance, and backups of the County's software
and database to ZOLL Data Systems, 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 ( W/0
Finance
File
do o-ttme�u�s�
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 Fax. 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
ZOLL Data Systems, Inc. Sales Order #
APPLICATION SERVICE PROVIDER AGREEMENT
THIS APPLICATION SERVICE PROVIDER AGREEMENT ( "Agreement ") is made as of 11/20/2013 (the "Effective Date "), by and between
ZOLL Data Systems, Inc., a Delaware corporation with offices at 11802 Ridge Parkway, Suite 400, Broomfield, CO 80021 ( "ZOLL ") and the party
identified below (the "Customer ").
Customer: Monroe County Fire Rescue Sales Rep: Meyer, Jason
Bill To: Monroe County Fire Rescue
Address: 490 63rd Street
Marathon, FL 33050
Item License Description
Qty.
List Price Add Price
Ext. Price
tiv%t�11ill
HL
HBB Hosted RescueNet Billing Base (Per Vehicle)
7
$163.00 $163.00
$1,141.00
MWT
TOM
IMM
RNB RescueNet Billing Deployment (Excludes T &E)
5
$7,500.00 $7,500.00
$7,500.00
TOTAL IMPLEMENTATION:
$7,500.00
* MONTHLY FEES:
$1,141.00
* ANNUAL FEE: $13,692.00
Note: Taxes (If applicable) will be added at the appropriate rate upon invoicing.
* Annual Fee: The Annual Fee is $13,692.00 for twelve -month periods during the Term (beginning on the Effective Date), which will be invoiced and
paid as the Monthly Fees of $1,141.00 .
* Monthly Fee Subject to Adjustment: The Monthly Fees shown above are based on the defined number of Customer vehicles in the line items above.
Should the number of vehicles change during the Term of this Agreement, Customer will notify ZOLL in writing (or via email) no later than within 15 days
and ZOLL will issue a Contract Addendum to this Agreement to adjust future billings.
Payment Terms: The first invoice issued under this Agreement will be issued upon completion of the implementation services and will be for the sum of
the TOTAL IMPLEMENTATION fees and any ONE TIME CHARGES listed above. In addition, ZOLL will invoice Customer at the end of each calendar
month during the Term for the amount of the Monthly Fees listed above. The invoice for the first Monthly Fees hereunder will be issued 30 days after the
Effective Date, or upon completion of the implementation, whichever is earlier. All amounts will be paid in accordance with the Florida Local Government
Prompt Payment Act. The Total Implementation fees, the One Time Charges and the Monthly Fees are hereinafter referred to collectively as the 'Software Fees'.
Expiration: Agreement expires if not signed by 12/31/2013
The person signing below represents and warrants that she or he has the authority to bind Customer to the terms of this Agreement. By signing below,
the parties agree to the terms and conditions of this Agreement. Once signed, any reproduction of this Agreement, or any attachment or exhibit hereto,
made by reliable means (for example, photocopy or facsimile) is considered an original and all ASP Services ordered and provided under this Agreement
will be subject to it.
ZOLL Data Systems, Inc. Monroe County Fire RescueD /4 -
Sig/e: Signature: ��``Gl��.�Y� --�
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Na Name: 3q,meS Cwtl ti.han
Title: Kevin A. Tapply Title: 1r C..
Date: Vice President 9S :11 WV 6- NVP hl0l Date: t6/ 3 1 13
i 001"i , Aj I f�2 _ MON OE COUNTY ATTORNEY
t I RO QA T O
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Page 1 of 9 ASSISTANT COUNTY ATTORNEY
Date
ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
Terms and Conditions
1. Definitions
1.1. "ASP Services" means the provision of Fire or EMS data management functionality as described hosted by ZOLL and made available to its
customers for their internal business use in accordance with the terms of this Agreement.
1.2. "BAA" means the Business Associate Addendum attached hereto as Exhibit A.
1.3. "Confidential Information" means all trade secrets, business and financial information, computer software, machine and operator instructions,
business methods, procedures, know how, and other information that relates to the business or technology of either party and is marked or identified as
confidential, or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential. The Software and the
Instructions shall be considered ZOLL's Confidential Information, notwithstanding any failure to mark or identify it as such.
1.4. "Fee Based Services" means the ASP Services for which ZOLL charges Customer a fee.
1.5. "Initial Order" means the written, mutually executed document preceding these terms and conditions.
1.6. "Instructions" means the instructions for use of the ASP Services and the documentation and users manuals from time -to -time provided by
ZOLL on the ZOLL Site.
1.7. "Intellectual Property Rights" means any and all existing or future copyrights, trademarks, service marks, trade secrets, patents, patent
applications, know how, moral rights, contract rights, and other proprietary rights, and all registrations, applications, renewals, extensions, and
combinations of the foregoing.
1.8. "Order Form" means a written document mutually agreed to and signed by the parties and made a part of this Agreement, setting forth
additional ASP Services to be provided to Customer under the terms of this Agreement during the Term.
1.9. "Software" means the ZOLL software that underlies the ASP Services provided to Customer, as modified, updated, and enhanced.
1.10. "ZOLL Site" means the web site located at a unique URL to be provided by ZOLL to Customer where end users may download the Software
and access and use the ASP Services.
2. ASP Services; Payment Obligation; Taxes.
2.1. Provision of ASP Services by ZOLL. Subject to the terms and conditions of this Agreement, ZOLL will use commercially reasonable efforts to
make the ASP Services available to Customer through the ZOLL Site over normal network connections, excepting downtime due to necessary
maintenance and troubleshooting. Customer, not ZOLL, shall be responsible for controlling its users and protection of confidentiality of its login IDs
and passwords. The BAA shall apply to the ASP Services. Customer acknowledges that (i) it is responsible for maintaining its interface and connectivity
to the ASP Services and (ii) the facility(ies) used for provision of the ASP Services may be owned or operated by ZOLL, or a ZOLL affiliate or a third
party, or any combination of such facilities, as determined by ZOLL.
2.2. Modifications and Upgrades to ASP Services. Customer acknowledges that ZOLL may modify and upgrade the ASP Services, on an ongoing
basis, in order to improve or adapt the ASP Services. Without limiting the foregoing, ZOLL will have the right, in its sole discretion, to develop,
provide and market new, upgraded or modified ASP Services to Customer, including adding, removing, or modifying the functionality or features of the
ASP Services accessible by Customer and its users. ZOLL will use commercially reasonable efforts to notify Customer within a reasonable period of
time prior to the implementation of such changes so that Customer is reasonably informed of alterations to the ASP Services that will affect the ASP
Services and Customer's use of them.
2.3. Support and Maintenance. ZOLL will provide telephone support services during ZOLL's regular business hours for Service questions.
2.4. Payment Obligation. Fee Based Services provided to Customer will require payment of applicable fees. The fees (the "Fees ") and terms of use
and payment for Fee Based Services are set forth in the Initial Order and any Order Form. All payments must be made in U.S. dollars, unless otherwise
agreed by the parties. Any amounts not paid when due will accrue interest at the lesser of 1' /z% per month or the maximum rate permitted by applicable
law from the due date until paid. In addition, ZOLL reserves the right to deny Customer, and its users, access to the ASP Services in the event that any
invoice is not paid in a timely manner, or to terminate this Agreement in the case of non - payment of an invoice(s); unless Customer has provided written
that the invoice is the subject of a good faith dispute. Customer acknowledges that ZOLL will not be responsible for any damage or liability caused by
ZOLL's interruption or termination of the ASP Services in accordance with this Section 2.3 as a result of Customer's failure to pay ZOLL in a timely
manner.
2.5. Taxes. Fees exclude, and Customer will make all payments of the Fees to ZOLL free and clear of, all applicable sales, use, and other taxes and all
applicable export and import fees, customs duties and similar charges. When applicable, ZOLL may include any taxes that it is required to collect as
a separate line item on an invoice. Customer will be responsible for, and will indemnify and hold harmless ZOLL from, payment of all such taxes (other
than taxes based on ZOLL's net income), fees, duties, and charges, and any related penalties and interest, arising from the payment of the Fees or the
delivery of the ASP Services to Customer hereunder. No taxes will be charged to the customer as long as a valid tax exemption certificate is on file.
3. License Grant; Restrictions; Ownership.
3.1. License Grant. Subject to the terms and conditions of this Agreement, ZOLL grants to Customer, during the Term, a non exclusive, non
transferable, non sublicensable license to access and use the ASP Services using the Software, each as made available to Customer through the ZOLL
Site, solely for Customer's internal business purposes and solely in accordance with the Instructions.
3.2. Restrictions. Customer shall not, and shall not permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the
ASP Services, Software or the Instructions; (b) allow any third party access to or use of the ASP Services; (c) reverse engineer, decompile, disassemble,
or otherwise attempt to alter or derive the source code for the Software; or (d) otherwise use or copy the Software or the Instructions or the ASP
Services in any manner not expressly permitted hereunder. Customer agrees not to use the ASP Services in excess of its authorized login protocols.
Customer shall immediately notify ZOLL of any unauthorized use of Customer's login ID, password, or account or any other breach of security.
3.3. Remediation. If Customer becomes aware of any actual or threatened activity contemplated by the restrictions on use set forth in Section 3.2
above, Customer will, and will cause its users to, immediately take all reasonable measures necessary to stop the activity or threatened activity and to
mitigate the effect of such activity including: (a) discontinuing and limiting any improper access to any data; (b) preventing any use and disclosure of
improperly obtained data; (c) destroying any copies of improperly obtained data that may have been made on their systems; (d) otherwise attempting to
mitigate any harm from such events; and (e) immediately notifying ZOLL of any such event(s) so that ZOLL may also attempt to remedy the problem(s)
and prevent its future occurrence.
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ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
3.4. Ownership. The Software, Instructions, ASP Services, all proprietary technology utilized by ZOLL to perform its obligations under this
Agreement, and all Intellectual Property Rights in and to the foregoing, are the exclusive property of ZOLL (or, as the case may be, its licensors and
suppliers). Any rights not expressly granted to Customer hereunder are reserved by ZOLL (or its licensors and suppliers, as the case may be).
4. Customer Content; Security; Backups.
4.1. Customer Content. As between ZOLL and Customer, and without limiting the rights (if any) of any patient, Customer will retain all right, title
and interest in and to all data, information or other content provided by Customer in its use of the ASP Services ( "Customer Content "); provided,
however, that ZOLL may de- identify and use Customer Content for any lawful purpose consistent with all applicable law.
4.2. Security. Subject to Customer's obligations under this Agreement, ZOLL will implement commercially reasonable security measures within the
ASP Services in an attempt to prevent unlawful access to Customer Content by third parties. Such measures may include, where appropriate, use of
updated firewalls, commercially available virus screening software, logon identification and passwords, encryption, intrusion detection systems, logging
of incidents, periodic reporting, and prompt application of current security patches and virus definitions.
4.3. Backup of Customer Content. While ZOLL will use commercially reasonable efforts to maintain the integrity of the Customer Content, to back
up the Customer Content, and to provide full and ongoing access to the ASP Services, loss of access to the ASP Services and/or loss of Customer
Content may occur. Customer will make provision for additional back -up storage of any critical Customer Content. ZOLL will not be responsible for
any loss, corruption of or inaccessibility of the Customer Content due to interruption in the ASP Services or otherwise arising out of circumstances not
within ZOLL's control.
5. Warranty Disclaimers.
5.1. ZOLL Service Warranty. ZOLL represents and warrants that during the Term of this Agreement, (i) ZOLL has the right to license the ASP
Services and Instructions to Customer pursuant to this Agreement and (ii) the ASP Services will materially conform to the Instructions. Customer will
notify ZOLL in writing of any breach of this warranty, and request a correction of the warranted nonconformity. If ZOLL is unable to provide a
correction or work - around pursuant to the terms governing the provision of the ASP Services after using commercially reasonable efforts, ZOLL may
terminate this Agreement upon written notice to Customer. This Section 5.1 sets forth Customer's exclusive remedy, and ZOLL's entire liability, for
breach of the warranty for the ASP Services contained herein.
5.2. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5.1, THE ASP SERVICES ARE PROVIDED "AS IS ", WITHOUT ANY WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; ZOLL DOES NOT PROMISE THAT THE ASP SERVICES WILL BE
SECURE, UNINTERRUPTED OR ERROR -FREE, OR THAT THEY ARE SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, ITS
USERS OR ANY THIRD PARTY OR THAT THEY WILL BE AVAILABLE FOR ANY PERIOD AND ZOLL MAKES NO UP -TIME
COMMITMENT. ZOLL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN TRADE. CUSTOMER
ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT AND
THAT NO WARRANTIES ARE MADE BY ANY OF ZOLL'S LICENSORS OR SUPPLIERS.
5.3 Customer acknowledges and agrees that, in entering into the this Agreement, it has not relied upon the future availability of any new or enhanced
feature or functionality, or any new or enhanced product or service, including, without limitation, updates or upgrades to ZOLL's existing product and
services. ZOLL's performance obligations hereunder are limited to those expressly enumerated herein, and payment for ZOLL's performance
obligations shall be due as described herein.
6. Limitation of Liability. In no event will either party be liable hereunder for any consequential, indirect, exemplary, special, punitive or incidental
damages, or for any lost data, lost profits or costs of procurement of substitute goods or services, arising from or relating to this Agreement, however
caused and under any theory of liability (including negligence), even if such party has been advised of the possibility of such damages. ZOLL's total
cumulative liability in connection with this Agreement and the Software, whether in contract or tort or otherwise, will not exceed the amount paid TO
ZOLL BY CUSTOMER FOR the ASP SERVICES provided UNDER THIS AGREEMENT IN THE PREVIOUS SIX (6) MONTH PERIOD. Customer
acknowledges that these limitations reflect the allocation of risk set forth in this Agreement and that ZOLL would not enter into this Agreement without
these limitations on its liability, and Customer agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited
remedy. In addition, ZOLL disclaims all liability of any kind of ZOLL's licensors and suppliers.
7. Term and Termination.
7.1. Term. The term of this Agreement ( "Term ") begins on the Effective Date and continues until terminated as set forth herein.
7.2. Termination. Either party may terminate this Agreement without cause on twenty (20) days' prior written notice to the other party. Either party
may terminate this Agreement immediately if the other party materially defaults in the performance of any of its obligations hereunder and fails to cure
such default within thirty (30) days after written notice from the non - defaulting party.
7.3. Effects of Termination. Upon termination of this Agreement for any reason: (a) all amounts, if any, owed to ZOLL under this Agreement before
such termination will become immediately due and payable, including, in the event of termination of this Agreement (i) by ZOLL under Section 7.2 for a
material default or (ii) by Customer under Section 7.2, a termination fee ( "Early Termination Fee ") - if applicable as described in Section 7.4 - equal to
the amount, if any, of (x) the initial Annual Fee minus (y) the sum of Monthly Fees (as defined in the Initial Order) paid by Customer to ZOLL
hereunder prior to the date of termination during the initial twelve -month period (b) Customer's right to access the ASP Services will immediately
terminate; and (c) Customer must (i) promptly discontinue all use of the ASP Services and (ii) return or destroy all copies of the Instructions and the
Software in Customer's possession or control.
7.4 Products Excluded from Early Termination Fee. RescueNet @Work, RescueNet NetTransit, and stand alone instances of RescueNet Crew
Scheduler ASP are excluded from the Early Termination Fee.
8. Confidentiality.
8.1. Protection. Subject to Section 4 hereof, the party receiving Confidential Information ( "Receiving Party") from the other party ( "Disclosing
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ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
Party") will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose
the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such
Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty
hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same
manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.
8.2. Exceptions. The Receiving Party's obligations under Section 8.1 above with respect to any Confidential Information of the Disclosing Party will
terminate if and when the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of
disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any
confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently
developed by the Receiving Party without access to, or use of, the Disclosing Party's Confidential Information. In addition, the Receiving Party may
disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii)
necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the
order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure in
writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any
lawful action to contest or limit the scope of such required disclosure.
9. Indemnification.
9.1. ZOLL will defend, at its own expense, any action against Customer brought by a third party alleging that the ASP Services infringe any U.S. patents
or any copyrights or misappropriate any trade secrets of a third party, and ZOLL will pay those costs and damages finally awarded against Customer in
any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The
foregoing obligations are conditioned on Customer: (a) notifying ZOLL promptly in writing of such action; (b) giving ZOLL sole control of the defense
thereof and any related settlement negotiations; and (c) cooperating and, at ZOLL's request and expense, assisting in such defense. If the ASP Services
become, or in ZOLL's opinion are likely to become, the subject of an infringement claim, ZOLL may, at its option and expense, either: (i) procure for
Customer the right to continue using the ASP Services; (ii) replace or modify the ASP Services so that they become non - infringing; or (iii) terminate this
Agreement, in whole or in part, as appropriate. Notwithstanding the foregoing, ZOLL will have no obligation under this Section 9.1 or otherwise with
respect to any infringement claim based upon: (1) any use of the ASP Services not in accordance with this Agreement; (2) any use of the ASP Services
in combination with products, equipment, software, or data not supplied by ZOLL if such infringement would have been avoided but for the
combination with other products, equipment, software or data; (3) the failure of Customer to implement any replacements, corrections or modifications
made available by ZOLL for the ASP Services; (4) Customer Content; or (5) any modification of the ASP Services or use thereof by any person other
than ZOLL or its authorized agents or subcontractors. This Section states ZOLL's entire liability and the Customer's exclusive remedy for any claims of
infringement.
9.2. Customer shall indemnify, defend and hold ZOLL harmless from and against any and all liabilities, losses, expenses, damages and claims that arise
out of information provided to ZOLL by Customer or Customer's use of the ASP Services except to the extent same are due to ZOLL's breach hereof or
ZOLL's gross negligence or intentional misconduct.
10. General Provisions.
10.1. Compliance with Laws and Export Regulations. Customer shall comply with all applicable laws and regulations concerning its use of the ASP
Services, including without limitation if applicable all export and import control laws and regulations. Customer will not use the Services for any
purpose in violation of any applicable laws. Customer agrees to defend, indemnify, and hold harmless ZOLL from and against any and all liabilities,
losses, expenses, damages and claims that arise out of violation of any applicable laws or regulations by Customer or any of its agents, officers,
directors, or employees.
10.2. Audits and Inspections. Upon written request from ZOLL, Customer shall furnish ZOLL with a certificate signed by an officer of Customer
stating that the ASP Services are being used strictly in accordance with the terms and conditions of this Agreement. In addition, upon prior written
notice, ZOLL will have the right, during normal business hours, to inspect, or have an independent audit firm inspect, Customer's records relating to
Customer's use of the ASP Services to ensure it is in compliance with the terms of this Agreement, including with any limitation on the number of
vehicles or other mechanism upon which pricing is based hereunder. The costs of the audit will be paid by ZOLL, unless the audit reveals that
Customer's underpayment of Fees exceeds 5 %. Customer will promptly pay to ZOLL any amounts shown by any such audit to be owing (which shall
be calculated at ZOLL's standard, non - discounted rates) plus interest as provided in Section 2.4 above.
10.3. Assignment. Customer may not assignor transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party
without ZOLL's prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. ZOLL shall have the
right to assign this Agreement to an affiliate or to any successor to its business or assets to which this Agreement relates, whether by merger, sale of
assets, sale of stock, reorganization or otherwise.
10.4. U.S. Government End Users. If Customer is a branch or agency of the United States Government, the following provision applies. The
Software and Instructions are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are
used in 48 C.F.R. 12.212 (SEPT 1995) and if provided hereunder are (i) for acquisition by or on behalf of civilian agencies, consistent with the policy
set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48
C.F.R. 227.7202 1 (JUN 1995) and 227.7202 3 (JUN 1995).
10.5. Notices. All notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail, courier, electronic facsimile
(fax), or certified or registered mail (postage prepaid and return receipt requested) to the other party at the address set forth in the Initial Order (or such
other address as from time to time provided by such party in accordance with this Section), and will be effective upon receipt or three (3) business days
after being deposited in the mail as required above, whichever occurs sooner.
10.6. Governing Law and Venue; Waiver of Jury Trial. This Agreement will be governed by and interpreted in accordance with the laws of the State
of Colorado without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not
apply to this Agreement. Any action or proceeding arising from or relating to this Agreement shall be brought in a federal or state court in Denver,
Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. EACH PARTY HEREBY
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ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
10.7. Remedies. Except as otherwise expressly provided in this Agreement, the parties' rights and remedies under this Agreement are cumulative.
Customer acknowledges that the ASP Services are built on valuable trade secrets and proprietary information of ZOLL, that any actual or threatened
breach hereof may constitute immediate, irreparable harm to ZOLL for which monetary damages would be an inadequate remedy, and that injunctive
relief is an appropriate remedy for such breach. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive
its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive.
10.8. Waivers. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision
or of such provision on any other occasion.
10.9. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this
Agreement will continue in full force and effect.
10.10. Independent Contractors. The parties are entering into, and will perform, this Agreement as independent contractors. Nothing in this
Agreement will be construed to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract
or assume any obligation on behalf of the other or to establish a partnership, franchise or joint venture between the parties.
10.11. Subcontracting by ZOLL. ZOLL may, in its sole discretion, contract with any third party to provide the ASP Services.
10.12. Counterparts. This Agreement maybe executed in counterparts, each of which will be considered an original, but all of which together will
constitute the same instrument.
10.13. Force majeure. Neither party shall be liable for damages for any delay or failure of performance hereunder (other than payment obligation)
arising out of causes beyond such party's reasonable control and without such party's fault or negligence, including, but not limited to, Acts of God, acts
of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
10.14. Entire Agreement; Amendment; No Third -Party Beneficiaries; Survival. This Agreement, including the Initial Order and any Order Forms
executed hereunder and any exhibits hereto (including the BAA), and the Terms of Use and Privacy Policy that are accessible on the ZOLL Site
constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements,
understandings, and communication, whether written or oral. If there is any conflict between this Agreement and the Terms of Use, this Agreement shall
take precedence. This Agreement may not be amended or any provision hereof waived except in writing signed by both parties. There are no third -party
beneficiaries of this Agreement. Those provisions of this Agreement that may be reasonably interpreted as surviving termination of this Agreement or the
survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their
terms notwithstanding the termination hereof.
Exhibit A
Business Associate Addendum
This Business Associate Addendum (this "Addendum ") is entered into by and between Monroe County Fire Rescue ( "Covered Entity") and ZOLL
Data Systems, Inc. ( "Business Associate ") in order to comply with 45 C.F.R. § 164.502(e) and §164.504(e), governing protected health information
( "PHI ") and business associates under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C. Section 1320d, et. seq.,
and regulations promulgated thereunder, as amended from time to time (statute and regulations collectively referred to as "HIPAA ") This Addendum
amends the terms and conditions of and is hereby incorporated as part of that certain agreement between Covered Entity and Business Associate entitled
Application Service Provider Agreement (the "Services Agreement ") and attached hereto.
STATEMENT OF AGREEMENT
§l. Definitions. Terms used, but not otherwise defined, in this Addendum shall have the same meaning as those terms in HIPAA; provided that PHI
shall refer only to protected health information of Covered Entity unless otherwise stated.
§2. Compliance and Agents. Business Associate agrees that to the extent it has access to PHI, Business Associate will fully comply with the
requirements of this Addendum with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business
Associate to whom it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same
restrictions and conditions asset forth in this Addendum. If Covered Entity is required by HIPAA to maintain a Notice of Privacy Practices, Covered
Entity shall notify Business Associate of any limitations in such notice to the extent that such limitation may affect Business Associate's use or disclosure
of PHI.
§3. Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this Addendum,
including Section 16 hereof, and in compliance with each applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose
the PHI received or created by it, (a) to perform its obligations under this Addendum, (b) to perform functions, activities, or services for, or on behalf of,
Covered Entity as specified in the Services Agreement, or (c) to provide data aggregation functions to Covered Entity as permitted by HIPAA. Further,
Business associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly manage and administer its business or to
carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate to properly manage and
administer its business or to carry out its legal responsibilities if. (a) the disclosure is required by law, or (b) the Business Associate obtains reasonable
assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or
for the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the
confidentiality of the information has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that
would not be permissible under HIPAA if done by Covered Entity.
Page 5 of 9
ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
§4. Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards,
as required in 45 C.F.R. § §164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this
Addendum.
§5. Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to
accomplish the intended purpose of the use, disclosure, or request.
§6. Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware
concerning any use or disclosure of PHI that is not permitted by this Addendum and any security incident of which it becomes aware. Business Associate
will, following the discovery of a breach of "unsecured protected health information," as defined in 45 C.F.R. § 164.402, notify Covered Entity of such
breach within 15 days. The notice shall include the identification of each individual whose unsecured protected health information has been, or is
reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach. Business Associate agrees to mitigate, to
the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this
Addendum.
§7. Individual Access. In accordance with an individual's right to access to their own PHI in a designated record set under 45 CFR §164.524 and
the individual's right to copy or amend such records under 45 CFR § 164.524 and § 164.526, Business Associate shall make available all PHI in a
designated record set to Covered Entity to enable the Covered Entity to provide access to the individual to whom that information pertains or such
individual's representative.
§8. Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall
incorporate any amendments to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed
to by the parties.
§9. Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required
for Covered Entity to respond to an individual's request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business
Associate agrees to make available to Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of
disclosures as set forth in 45 CFR §164.528.
§10. DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human
Services ( "DHHS "), its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business
Associate on behalf of, Covered Entity for purposes of determining the Covered Entity's compliance with HIPAA.
Exhibit A
Business Associate Addendum (Continued)
§11. Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any
restriction to the use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or
other permission by an individual, to the extent that such limitation, restriction, change, or revocation may affect Business Associate's use or disclosure of
PHI.
§12. Compliance with ARRA. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the American
Recovery and Reinvestment Act of 2009 ( "ARRA ") (P.L. 1115), including all privacy and security regulations issued under ARRA that apply to Business
Associate as and when those regulations are effective.
§13. Term. This Addendum shall take effect on the effective date of the Services Agreement, and shall continue in effect unless and until either party
terminates this Addendum or the Services Agreement.
§14. Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material
breach or violation of Business Associate's obligations under this Addendum, Covered Entity and Business Associate shall take any steps reasonably
necessary to cure such breach and make Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this Addendum.
Business Associate shall take reasonable actions available to it to mitigate any detrimental effects of such violation or failure to comply.
§15. Return of PHI. Business Associate agrees that upon termination of this Addendum, and if feasible, Business Associate shall (a) return or destroy all
PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate maintains in any
form or manner and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the
reasons return or destruction are not feasible, and extend indefinitely the protection of this Addendum to such PHI and limit further uses and disclosures
to those purposes that make the return or destruction of the PHI not feasible.
§16. De- identified Health Information. Business Associate may de- identify any and all PHI and may create a "Limited Data Set" in accordance with 45
C.F.R. § 164.514(b) &(e). Customer acknowledges and agrees that deidentified information is not PHI and that Business Associate may use such
de- identified information for any lawful purpose. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e).
§17. Survival. All representations, covenants, and agreements in or under this Addendum or any other documents executed in connection with the
transactions contemplated by this Addendum, shall survive the execution, delivery, and performance of this Addendum and such other documents. The
Page 6of9
ZOLL Data Systems, Inc. Sales Order#:
APPLICATION SERVICE PROVIDER AGREEMENT
respective rights and obligations of Business Associate under Section 14 of this Addendum shall survive termination or expiration of this Addendum.
§18. Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from
time to time be reasonably requested by the other party to carry out the purpose and intent of this Addendum. The terms and conditions of this Addendum
will override and control any conflicting term or condition of the Services Agreement. All non conflicting terms and conditions of the Service Agreement
shall remain in full force and effect. Any ambiguity in this Addendum with respect to the Services Agreement shall be resolved in a manner that will
permit Covered Entity to comply with HIPAA.
§19. Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing
HIPAA maybe issued after the date of the execution of this Addendum and may affect the parties' obligations under this Addendum. The parties agree to
take such action as is necessary to amend this Addendum from time in order as is necessary for Covered Entity to comply with HIPAA.
Exhibit B
Service Level Agreement
This Service Level Agreement (the "SLA ") defines the service levels provided by ZOLL in accordance with delivering its software as a hosted service
pursuant to the Application Service Provider Agreement (the "ASP Agreement "), to which this SLA is attached as an exhibit. This SLA is effective upon
ZOLL's acceptance of a signed copy of the ASP Agreement from Customer and receipt from Customer of all fees due and payable. Capitalized terms used
but not defined herein shall have the same meanings as assigned to such terms in the ASP Agreement.
1 Service Overview
ZOLL' hosted services (the "Hosted Services ") are defined as the service of hosting, on ZOLL's IT platform, the web based Software for use by
Customer. ZOLL's IT platform includes the network connectivity, hardware systems, security components and management services supporting the Hosted
Services. Specifically excluded from this SLA are the services, software and hardware provided by other third parties (such as cellular network carriers and
mobile handset providers), and any other software, services or systems operating outside of ZOLL hosted infrastructure, including any software (including
ZOLL's developed software) or systems operating on Customer's premises.
2 Service Deliverables
2.1 Service Deliverables
2.1.1 Downtime. Downtime, expressed in minutes, is any time the Hosted Service is not accessible to Customer and Customer's users.
2.1.2 Planned Downtime. Planned Downtime is Downtime including scheduled periods where the Hosted Services may not be available in order for
ZOLL to continue to bring the best possible service, features and performance to its customers. Planned Downtime includes, but is not limited to: 1)
Standard Maintenance; and 2) Emergency Maintenance. Standard Maintenance is performed when upgrades or system updates need to be applied (i.e.
standard software release, non- critical software updates). Emergency maintenance happens when there is a critical system update that needs to be applied
quickly to avoid significant downtime (such as hardware patches that address server vulnerabilities or a critical software update).
Standard Maintenance Windows: Weekly, Monday and Wednesday between the hours of 7pm to 1 1pm Mountain Time. Notice will go out at least 24
hours in advance of the planned outage.
Emergency Maintenance Windows: As needed. Best efforts will be made to provide notice at least 30 minutes in advance of the planned outage.
2.1.3 Excused Downtime. Excused Downtime time is Downtime caused by: a) services, software or hardware provided by anyone other than ZOLL (such
as the cellular network carrier or the mobile handset provider), b) software, services or systems operating outside of ZOLL hosted infrastructure, including
any software (including ZOLL's developed software) or systems operating on Customer's premises; c) a Force Majeure event or a customer related action
(e.g. a customer's failure to comply with its obligations under the Application Service Provider Agreement or use of the Hosted Services in ways that were
not intended).
2.1.4 Unplanned Downtime. Unplanned Downtime in a calendar month is expressed as a percentage calculated as follows:
(Downtime - (Planned Downtime + Excused Downtime)
x 100 = x %, where "x" is Unplanned Downtime.
Total number of minutes in the calendar month
2.1.5 Unplanned Downtime Goal. ZOLL shall provide the Hosted Services such that there is less than 1% of Unplanned Downtime in a calendar month.
2.1.6 Incident Monitoring and Reporting. Problems with the Hosted Services can be logged by Customer through the ZOLL support website at
support@zoll.com or through the ZOLL's call center at 800 - 663 -3911. An incident report will be created and escalated as appropriate.
STANDARD ZOLL DELIVERABLES:
Page 7 of 9
ZOLL Data Systems, Inc. Sales Order M.
APPLICATION SERVICE PROVIDER AGREEMENT
Online Incident Reporting: 240 reporting through the ZOLL support site, support@zoll.com. Responses shall be provided within 24 hours during normal
business hours.
Call Center Standard Support: Monday to Friday 6:00am to 6:00pm, Mountain Time.
2.2 Covered Services /Customer Content
2.2.1 Covered Services. The Hosted Services covered by the Unplanned Downtime Goal are those identified in the ASP Agreement as the ASP Services,
that have been activated for Customer, and Customer has accepted and is using in the course of carrying out their normal business operations.
Exhibit B
Service Level Agreement (Continued)
2.2.2 Availability of Customer Content. It is Customer's responsibility to maintain any Customer Content that it requires for archival purposes or
ongoing management of its operations. Unless specified otherwise in the ASP Agreement, ZOLL will store Customer Content, other than Inactive Data (as
defined below), for [5] years (calculated from the date of creation of such Customer Content, or ZOLL's receipt of such Customer Content, whichever is
later) in ZOLL's working data set. Upon the expiration of such [5] -year period, ZOLL will notify Customer in writing and will provide Customer the
option, which Customer shall exercise by informing ZOLL in writing, within 30 days of receiving the notice, that either (a) Customer wishes to receive
Customer Content in a ZOLL- provided tool that allows Customer to view, search and print such Customer Content, or (b) Customer will pay ZOLL, at
ZOLL's then - current storage rates and upon ZOLL's then - current terms and conditions, to continue to store such Customer Content. If Customer fails to
exercise one of the foregoing options within such 30 -day period, ZOLL will have the right to destroy all Customer Content in its possession or under its
control. During the time ZOLL stores Customer Content for Customer hereunder, ZOLL will periodically identify Customer Content that has had no
activity associated with it for at least 180 days ( "Inactive Data ") and will notify Customer in writing of its intent to remove the Inactive Data from ZOLL's
working data set and destroy such data, unless Customer requests, in writing, within 30 days of receiving the notice from ZOLL, that either (a) Customer
wishes to receive such Inactive Data in a ZOLL - provided tool that allows Customer to view, search and print such Inactive Data, or (b) Customer will pay
ZOLL, at ZOLL's then - current storage rates and upon ZOLL's then - current terms and conditions, to continue to store such Inactive Data. If Customer
fails to exercise one of the foregoing options within such 30 -day period, ZOLL will have the right to destroy the applicable Inactive Data in its possession
or under its control. Except for this Section 2.2.2, the terms of this SLA (including, without limitation, the Unplanned Downtime Goal) do not apply to
Customer's access of Inactive Data.
2.3 Remedies
A "Service Credit" means a percentage of the monthly service fee to be credited to Customer (subject to Customer's written request therefor and ZOLL's
verification thereof) for the service for which the Unplanned Downtime Goal is exceeded in a calendar month.
For any calendar month where the aggregate total of Unplanned Downtime for a particular service exceeds 1 %, ZOLL will provide a 10% Service Credit
towards Customer's monthly service charge for the service that was affected; provided, that credit is requested by the Customer within 30 days of the end of
the calendar month in which the Unplanned Downtime occurred and the Unplanned Downtime is verified by ZOLL.
The Service Credit will be applied to a future month's service invoice (typically two months later).
Customer service remedy disputes concerning Unplanned Downtime must be made in writing within 60 days from the Unplanned Downtime in dispute and
include details on the nature of the outage and date and time of occurrence. Prior to issuance of Service Credits, the incident must be verified by ZOLL.
Failure to submit a written request for Service Credit as noted above shall constitute a waiver of such Service Credits by Customer. Further, Service
Credits shall not be issued if Customer is not current on all fees due and payable.
3 Term
The term of this SLA shall be coincident with the term of the ASP Agreement.
4 Other Conditions
4.1 General Terms & Conditions
Terms and conditions on use of Hosted Services are contained in the ASP Agreement.
4.2 Modifications
Changes to this SLA may he made from time to time at ZOLL's sole discretion. Customer will be notified of any material changes to this SLA.
4.3 Limitations On Remedies.
The remedies of Section 2 of this SLA shall be Customer's sole and exclusive remedies with respect to ZOLL exceeding the Unplanned Downtime Goal.
Exhibit C
Page 8 of 9
ZOLL Data Systems, Inc. Sales Order #:
APPLICATION SERVICE PROVIDER AGREEMENT
Description of License Types
The license to install and use the Software shall be in accordance with the following license options. The Software may contain a software license management tool
(a "License Manager ") that regulates Customer's use of the Software. If so, all of the licensed activity described below must be subject to the control of the License
Manager, and Customer may not install or use the Software in a manner that circumvents or interferes with the operation of the License Manager or any other
technological measure that controls access to the Software.
'HL' - Hosted License. Hosted License provides access to the ASP Services as described in Section 3.1 and provides Customer the right to install the Software on an
unlimited number of compatible personal computers or devices, for use by any number of Customer users based on the number of total vehicles in Customer's fleet,
as specified on the Initial Order. The license is not limited to any specifically identified Customer users but is limited by the total number of vehicles in the
Customer's fleet. Total number of vehicles is determined based on the following: In an EMS agency - the number of vehicles that are capable of transporting patients.
In a First Response Only agency - the number of vehicles that carry an EMT/Paramedic for the purpose of providing emergency medical care. In a Fire Department
that does not provide EMS Services - the number of vehicles capable of pumping water. In the case of a Fire Department that also provides EMS Services - a
combination of the number of vehicles that are capable of transporting patients and those that are capable of pumping water. Or in the case of a multi- agency system
a combination of the above. The following products are exceptions to the above:
* RescueNet NetTransit - Based on the number of facilities multiplied by the Adjusted Price on page 1 with a maximum monthly charge of $1,200.00
* Standalone RescueNet Crew Scheduler ASP - Based on the number of resources scheduled.
* RescueNet @Work - Based on the number of vehicles in the fleet excluding supervisory vehicles
* RescueNet Navigator - Based on the number of vehicles where Navigator will be used.
Page 9 of 9
Lindsey Ballard
From: pfiester -holly < Pfiester- Holly@ Mon roeCounty-FL.Gov>
Sent: Monday, December 30, 2013 4:07 PM
To: Vitia Fernandez
Cc: Lindsey Ballard
Subject: FW:
Attachments: Resolution 382- 2013.pdf; AGENDA 1120 13.doc
Vitia -
Yea! I got it. But it's not the right one. This attachment is for the write offs.
Let me review again and give you updates.
J
2. November 20, 2013 – Item G10 –Third Generation –I'll wait for Lindsey o send.— W a ipki 9 K a try
P.enot h ail -msthd ioacK f � . tCJA S1TLWP). gent id•� ��
✓ ,
4.
O ctober 16. 2013 – Item G 5 – Zoll – This is a Board of Governors item. See screen shot below showing G5.
G. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS - 9:30 A.M.
1. Report
2. Approval To Exercise The First Renewal Option Of The Contract Between
The Board Of Governors Of Fire And Ambulance District 1 And The Board
Of County Commissioners Of Monroe County Florida, And Professional
Emergency Services, Inc. To Provide Medical Direction For Monroe County
Fire Rescue Pursuant To Chapter 401, F.S. And Chapter 641 -1, FAC.
Docments: Gi. P07
3. Authorization For Emergency Services/Monroe County Fire Rescue To Cease
Outsourcing Billing And Collections For Ground- And Air - Ambulance Billing
And Collections And Conduct These Revenue Generating Activities In-
House Through The Creation Of Two (2) Full -Time Emergency Services
Positions: EMS Billing Supervisor And EMS Billing Specialist; And Approval
To Transfer Funds From Operating Services To Personnel Services To Fund
The Two Newly Created Positions.
Documents: '. FDF
4. Approval Of Resolution Authorizing The Write -Off Of A Total Of 1,143 Fire
Rescue Ground Ambulance Accounts Receivable For CY 2008 And CY 2009,
Totaling $644,956.83 From The Fire Rescue District 1 Fund Account 141-
115002.
Documem%: Cv4 PD F
5. pproval To Waive Purchasing Policy And Issue A Purchase Order, And
Approval For The Fire Chief To Execute An Application Service Provider
Agreement With ZOLL Data Systems, Inc., Provider Of RescueNet Suite
Software Products For Electronic Patient Care Repots (EPCR), In The
Annual Amount Of $16,380.00, Plus A One -Time $3,000 Deployment Fee.
This Agreement Will Allow Fire Rescue To Continue To License EPCR
Software. It Will Also Permit The Migration And Responsibility For
Configuration, Maintenance, And Backups Of The County's Software And
Database To ZOLL Data Systems, Inc.
Lo � a� ti n,9 f U X "rv. T
5. November 20, 2013 – Item K6 – Zoll –'Same as above'. See screen shot below showing K6.
K. FIRE&AMBULANCE DISTRICT 1 BOARD OF GOVERNORS 9:30
A.M.
1. Report
2, 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 W Ith Revised Technical Service Support Agreement With
Physio-Control, Inc.
ppro
3. BeCmeThe Award ProposalntAnd Board
Enter Into At Contract
omis
Betweenethe Monroe rs re Andrtl bf lane Commissioners,
The Board Governors Fire And A e DistrictLC I Of
Monroe County,g fl me And Bound Tree MedicalacC
Furnishing Specifieding Andicr SuppliesionlAnd Pharmaceuticals ONon-Specified
ecifed
Sets Contract Pricing,And sunt)Pricing no tionate O fed
Items Reflected As A Discounted8% Percentage Rate Off
List.
r 4. Approval Of Resolution Authorizing The Write-Off Of A Total
Of 683 Fire Rescue Ground Ambulance Accounts Receivable For
CY 2008,Totaling $325.166.82 From The Fire Rescue District 1
Fund Account 141-115002.This Write-Off Was Inadvertently
Executed By The Clerk Of The Courts Office; The Item was
Pulled From The September 2012 Agenda.
oocn.. 3 5. ApprovalOf Resolution Authorizing The Wnte-Off Of A Total
Of 570 Fire Rescue Ground Ambulance Accounts Receivable For
CY 2009 Plus Three Bankruptcies From CY 2010,Totaling
$351,618.38 From The Fire Rescue District 1 Fund Account
141-115002-
m t
Aprpderor,v aAln Tdo A Wppariovvea P uFrocrh Thasien grPeo liCcy eATdo Issue Atte PAunr chase
Application Service Provider Agreement With ZOLL Data
Systems, Inc.,Provider Of RescueNet Suite Software Products,
For Hosted, RescueNet Billing Software,In The Annual
Amount OftFee.S13,692.00, Plus A one-Time$7,5 .00
Deployment Fee. This Agreement Will Provide For The Use Of
Ambulance Billing Software Which Will Interlace With Fire li
Rescue's Patient Care Reporting SMRware, In Addition,The
Responsibility For Configuration, Maintenance, And Backups Of
The Software And Patient Accounts Database Will Be The
Responsibility Of ZOLL Data Systems, Inc.
Hoag P &sWr
Executive Assistant Emergency Services
490 63rd Street Ocean, Suite 140
Marathon, FL 33050
pfiester-hol Iy(ril m onroecou ntv-fl.gov
(305) 289-6088 Tel
(305)481-0158 Cell
(305)289-6007 Fax
From: Vitia Fernandez fmailto:vfernandezemonroe-clerk.coml
Sent: Monday, December 30, 2013 3:34 PM
To: pfiester-holly
Subject: RE:
2
Hi Holly-
I have attached the documents for your review.
Thanks!!
happy J i011dpyslll
Vitia Fernandez
Executive Administrative Aide to the
Clerk of Circuit Court & Comptroller
From: pfiester -holly [ ma ilto• Pfiester- Holly_(alMonroeCounty- FL.Gov
Sent: Monday, December 30, 2013 3:30 PM
To: Vitia Fernandez
Subject:
HoGCy Pfrzyfer
Executive Assistant Emergency Services
490 63 Street Ocean, Suite 140
Marathon, FL 33050
pfiester- holly(aD-monroecount -f
(305) 289 -6088 Tel
(305) 481 -0158 Cell
(305) 289 -6007 Fax
3