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Thumper - 04/16/1980 .. - THUMPER EQUIPMENT LOAN AGREEMENT The Department of Health and Rehabilitative Services (herein referred to as the Department) and Monroe County (herein referred to as the User) agree as follows: (1) The equipment which is the subject of this agreement shall be designated by name and serial number for each piece of equipment with a list of said equipment to be attached to and made a part of this agreement. (2) The equipment will be loaned without charge to the User to be used in User's reasonable discretion. (3) The equipment will be loaned to the User for an initial period of sixty (60) days. This agreement will be extended automatically unless either party gives notification of termination prior to the expiration of the inital sixty (60) day period. (4) The equipment shall be available for inspection by a respresentative of the Department at any reasonable time and place. Such inspection shall be for puposes including, but not limited to, ascertaining the condition and frequency of use of the equipment. (S) The User will properly utilize and maintain the equipment while the equip- ment is in his custody and will return it to the Department in the same condition in which the equipment was received from the Department. The User, however, will not be held responsible for normal wear and tear. (6) The User will assure at all times that the equipment is kept in a sanitary and clean condition. (7) The User will supply the Department written reports regarding the utilization of the equipment, the frequency of the utilization of the equipment, and the condition of the equipment, no less than once per quarter. (8) The User shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of or in the course of the operation of this agreement or the use of the equipment which is the subject of this agreement. (9) The User shall utilize the equipment to the equipment's maximum potential. (10) Paragraph number notwithstanding the Department may terminate the agreement upon one (1) day's notice if the Department determines any of the following: (1) the equipment is not being used, (2) the equipment is being inadequately used, (3) the equipment is being improperly used, (4) or the User is not complying to the Department's satisfaction with the reporting requirements of paragraph 7. If the agreement is terminated pursuant to this section, the User shall return the equipment to the Department within two (2) days. (11) The User shall be responsible for the transportation of the equipment (deliver and return) to and from the Department's designated place of custody for the equipment. The User shall also be responsible for any cost incurred in the transportation of the equipment. (12) The User's business address is Monroe County Emergency Services, 3131 0/S Hwy. , Marathon, FL. . The User's telephone number is (305) 743-6619. (13) This agreement may be terminated by either party upon five (5) working day's written notice. The equipment will be returned to the Department within three (3) working days following the effective date of termination. (14) This agreement shall become effective on f4-n rI I 16/ /9P-U • IN WITNESS WHEREOF, the parties hereto have set their hands and seals. Director, EE.. rgency"Meeddii& User Rep sentat ive Services Program; DepaitmentoT Don Schloesser Health 6 Rehabilitative Services Chairman Title Attest: - -:' 4}-PlidftserEett ) Witness 3/ /80 TYPE OF EQUIPMENT H.R.S. I.D. NUMBER Thumper 105937 . - Accessories: (A) Backboard (B) Carrying Case (C) Oxygen Holder Thumper 105941 Accessories: (A) Backboard (B) Carrying Case (C) Oxygen Holder Thumper 105952 APPROVED AS 10 FORM AND LEGAL SUFFICIENCY BY ABd/wYi OMico