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Item F3 BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I AGENDA ITEM SUMMARY Meeting Date: October 15, 2014 Division: Ememency Services Bulk Item: Yes X No — Department: Fire Rescue Staff Contact Person: Holly Pfiester 289-6088 AGENDA ITEM WORDING: Approval to exercise the second(2"d)and final renewal option of the original agreement between Physio-Control, Inc. and Board of Governors Fire, Ambulance District I of Monroe County, Florida, for sole source preventative maintenance and inspection of medical LifePak equipment;and authorization for Mayor to execute same, along with revised Technical Service Support Agreement with Physio-Control, Inc. ITEM BACKGROUND: Physio Control, Inc. is the sole source provider for preventative maintenance and inspection of medical LifePak equipment owned and operated by MCFR. All personnel have been trained on the LifePak 12 brand, and have received additional training on the introduction of the LifePak 15 product,as we phase out the LifePak 12 product. It is imperative this equipment be maintained properly as it is used for cardiac monitoring of patients. PREVIOUS RELEVANT BOG ACTION: On October 17, 2012 the Board approved Item G2 agreement with Physio-Control, Inc. for$17,182.93 commencing on November 1, 2012 running through October 31, 2013 with two (2)additional one (1)year renewal options. On November 20, 2013 the Board approved Item K2, the first (Is') renewal agreement with Physio-Control, Inc. for $18,485.44 commencing on November 1, 2013 running through October 31, 2014. CONTRACT/AGREEMENT CHANGES: The number of cardiac monitor defibrillators covered by the contract decreases, from ten (10) LifePak 12s/six (6) Life Pak 15s (total =1 6)to nine (9) LifePak l2s/six(6) Life Pak 15s (total = 15). The contract price increases by$165.66, to $18,65 1.00. STAFF RECOMMENDATIONS: Approval TOTAL COST: $18,65 1.00 . INDIRECT COST: N/A BUDGETED: Yes X No.­ COST TO COUNTY: See above SOURCE OF FUNDS: 11500- 530340 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH 'Year �A/Purc APPROVED BY: County Atty,., O hasing Risk Management '"4 DOCUMENTATION: Included X Not Required—_ DISPOSITION: AGENDA ITEM MONROE COUNTY BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT I CONTRACT SUMMARY Contract with: Physio-Control, Inc. Contract# Effective Date: 11/01/2014 Expiration Date: --10"73-1 720 ........... ............. Contract Purpose/Description: Second (2d) and final renewal option of the agreement between Physio-Control. Inc. and Board of Governors Fire. Ambulance District I of Monroe County. Florida. for sole-source preventative maintenance and inspection of medical LifePak eguipment. Contract Manager: Holly Priester 6088 Emergency Services/ Stop 14 (Name) (Ext.) (Department/Stop for BOG meetini on 10/15/2014 Agenda Deadline: 09/30/2014 CONTRACT COSTS Total Dollar $18,651.00 Current $18,651.00 Value of Contract: FY14 Portion: Budgeted? YesZ No 0 Account Codes: 11500-530340 Grant: $ County Match: $ 0 --- ADDITIONAL. COSTS Estimated Ongoing Costs FYI 5 forward: For: (Not included in dollar value above) (e .maintenance,utilities,janitorial.salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed . e Division Director Yes( NoEj, ...................................... Risk Management Yes[]No2- 1.M.B./Purch'Lng q[�JLq Yes[:] Nod ..: .. ' � Kuu.uua County Attorney z q0, Yes F1 Nog, e) Comments: OMB Form Revised 2/27/01 MCP#2 RENEWAL AGREEMENT THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 AND PHYSIO CONTROL, INC. This RENEWAL AGREEMENT is dated the V day of November 2014, 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 1,2012 through October 31,2013 to provide sole source preventative maintenance and inspection on medical LifePak equipment, owned and operated by Fire and Ambulance District 1;and WHEREAS,said agreement provided an option to the County to renew the contract for two(2)additional one(I)year terms; and WHEREAS,the parties hereto did enter into the first(I")renewal option dated November 1,2013 through October 31, 2014;and WHEREAS,the County has elected to exercise the second (2d)renewal option for the continuation of providing sole source preventative maintenance and inspection on medical LifePak equipment:and NOW THEREFORE, INCONSIDERATION of the mutual covenants and obligations contained herein,the parties agree as follows: I. The County elects to exercise the second(2"d)renewal of the agreement for one(1)additional year pursuant to Article 4 of the agreement. 2. The effective date of the renewal agreement is November 1,2014 extending through October 31,2015.. 3. The first sentence of paragraph 2 of the agreement is revised to read as follows: "The COUNTY shall pay to the CONTRACTOR a total amount of$18,65 1.00 for the faithful performance of the Contract, in lawful money of the United States." 4. A new Technical Service Support Agreement, attached to this renewal agreement, is hereby adopted in place, and instead of,the Technical Service Support Agreement attached to the Agreement dated November 1, 2011 All other terms and conditions of the Agreement dated November 1,2012 shall remain in full force and effect. (SEAL) BOARD OF GOVERNORS OF FIRE AND ATTEST: AMY HEAVILIN,CLERK AMBULANCE DISTRICT I OF MONROE COUNTY,FL By: .....____.... .........__................................................................. ................. Deputy Clerk Mayor/Chairrnan PHYSIO CONTROL, INC. K40NROE COUNTY ATTORNEY API 'OVED A1,S T3 FgRV*� By: ..... 'z Z ........................... NTHI AL. Date: q) ASSISTANT CO�, YTYt�T, , ' RNEY ........... ................ Date___'_....... TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number End User# 03189501 Bill To$ 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 1111/2014 and expires on 10/31/2015. The designated Covered Equipment and/or Software 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-Control's Data Management Support and Upgrade Service Terms and Conditions,rev 7199-1. Price of coverage specified on Schedule A is $18,65 1.00 per term,payable in Annual in arrears installments. Special Terms 15%DISCOUNT ON ACCESSORIES 15%DISCOUNT ON ALL ELECTRODES ABccepted:4Control, Inc. Cus tomer: y ...... .... B y: ...... ...... ....... .1t c: Print: 1",l--L--LIIV-Tor--�4-C,��l,'L-A�t.��,,T,.,,,.�,�,�,.,,.�.... ....... ............. ............... ............ Date: Title: —------------------ ........ ....................................................... ........ Date: Purchase Order Number: ..................... Territory Rep: EAVV67 Customer Contact: Miguel Rodriguez Holly Pf tester Phone: Phone: 305-299-6088 FAX 800-772-3340 FAX: 305-289-6007 ONROE COUNTY ATTORNEY APP;OVED AS TT F-4fvy/ Reference Number: V67-1145 Renewal C NT T R Printed:9110120 14 Page I of 7 AS WANT" COUNTY ATTORNEY Pl•YSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customers signature on this Agreement or a valid purchase order referencing this Technical service Support Agreement Is required prior to Physio-Control's acceptance and performance 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,including Customers purchase order.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,but does not guarantee, to return service calls within two(2)hours and to resolve service Issues within twenty-four(24)hours.Following Services, 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 and further described as they relate to each specific Physio-Control device on Schedule R "Repair Plus Service"or"Repair Only Service"means repairs,Battery Replacement Service,parts and labor necessary to restore Covered Equipment to original specifications,subject to Exclusions(as set forth below). "Preventative Aaintenance"or"Inspection Only Service"means inspection and adjustment to maintain Covered Equipment In satisfactory operating condition. Inspections include tests„measurements,and a thirty-point evaluation of Covered Equipment, Covered Equipment is property calibrated,mechanical operations are checked and adjusted,If necessary„and output measurements are verified to function properly.Electrical safety checks are also performed in accordance with National Fire Protection Association(NFPA)guidelines.Preventative Maintenance and Inspection Only Service are subject to Exclusions, "Comprehensive Service"or"Reparir&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,kke-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(it)the end of the useful life of the battery as set forth In the applicable Operating Instructions, At the discretion of Physlo-Control,battery replacement shall be effected by shipment to Customer and replacement by Customer,or by on-site delivery and replacement by a Physlo-Control Service Technician,Upon Customers receipt of a replacement battery,the battery being replaced shall become the property of Physlo-Control,and Customer must return the battery being replaced to Physlo-Control for proper disposal.In the event that Physio-Control does not receive the battery being replaced,Physio-Controf will Invoice Customer the then-current rate for the replacement battery. "On-Site,Service"means that a Physlo-Control factory-trained technician will provide services at Customers location.Services will be performed between 8:OOam and 5:00pm local time,Monday through Friday,excluding holidays.Customer Is to ensure Covered Equipment Is available for Services at scheduled times,Some Services 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 facility for repair. "Shiro-inService*means that Services will be performed at Physics-Control"s designates/facility.Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated facility for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours,Physlo•Control will charge Customer for such services at 10%off Physio-Control's standard rates(including overtime,if appropriate)and applicable travel costs in addition to the contract price.Repair parts required for such repairs will be made available at 15%off the then-current list price. EXCLUSIONS.Unless otherwise specified.Services do not Include the following Exclusions: supply or repair of accessories or disposables repair of damage caused by misuse,abuse,abnormal operating conditions,operator errors,acts of God,and use of batteries,electrodes,or other products not distributed by Physio-Control case changes repair or replacement of items not originally distributed or installed by Physio-Control Upgrades,and Installation of Upgrades battery maintenance,performance testing,evaluation,removal,and recycling LOANERS.If Covered Equipment must be removed from use to complete Services,Physio-Control will strive to provide Customer with a similar loaner device until the Covered Equipment Is returned.Customer assumes complete responsibility for the loaner and shall return the loaner at Customers expense to Physlo-Controt In the same condition as received,,upon the earlier of the return of the Reference Dumber: V67-1145 Renewal Printed:9/10/2014 Page 2 of 7 removed Covered Equipment or Physlo-Control's request. UPDATES."Update'means a change to a device to enhance its current features,stability,or software.If Comprehensive Service or Repair&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 Services.Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service,Repair Only Service,Preventative Maintenance Service,Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair&Inspect Service,will be billed on a separate invoice at 20%off the then-virrent list price of the Update.For all Service plans,If parts must be replaced to accommodate Installation of new software.such parts may be purchased at a rate of 30%off the then-current list price, UPGRADES."Upgrade"means a major,standalone,version of software or the addition of features or capabilities to a device.For all Service plans,Upgrades must be purchased separately and are not provided under this Agreement.Upgrades are available at a rate of 17%off the then-current list price PRICING.Pricing is set forth on the first page of this Agreement,on the Quote for Services,and/or an the Invoice for the Services purchased.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 Physlo-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 Preventative Maintenance Service, Inspection Only Service,Comprehensive Service,and Repair&Inspect Service,no pricing deduction will be made for removal of Covered Equipment If preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur.Discounts may not be combined with other special terms,discounts, and/or promotions, PAYMENT.Payment is due within thirty(30)days of Invoice date. WARRANTY,Physlo-Controf warrants Services performed under this Agreement and repair/replacement parts,provided in perfanning such Services against defects In mate"and workmanship for ninety(90)days from the date Services were performed or a repair/replacement part was provided.Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part detennined 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 Term of this Agreement Is set forth on the first page of this document,or In the Quote and/or Invoice for the Services purchased.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 by Customer, 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 list•pri cost of any preventative maintenance,inspections,or repairs rendered during the Term, DELAYS. Physlo-Controf 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,acts,of God,labor disputes,labor shortages,the requirements of any governmental authority,war,civit unrest,delays In manufacture,obtaining any required license or permit,and Physio.Control's 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,Any device that is not covered by either a Physio-Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be Inspected and repaired(if necessary)to meet original specifications at customers cost at the then-current fist prices prior to being covered under a Technical Service Support Agreement Physio-Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physlo-Control MISCELLANEOUS,(a)During the Term of this Agreement and for one(1)year following Its expiration,without Physio-Contrors prior mitten consent,Customer agrees to not to solicit or offer employment to anyone who Is employed by Physlo-Control to provide Services such as those described in this Agreement(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 Services are 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,shalt be reimbursed by the other party. Reference Number: V67-1145 Renewal Printed:911012014 Page 3 of 7 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 On Site Preventative Maintenance,Ship In Repair Plus Re(. Effective Expiration Total Line Date Date LIPEPAKID 12 VLP12-02.002269 13451843 5 ll/l/2014 10/3112015 1 LIFEPAK0 12 VLP12-02.(05013 32624452 6 It/l/2014 101311.1015 1 LIFEPAK',&' 12 VLP12.02-007228 37050535 7 11/t/2014 10131120 t 5 1 LIFEPAK9 12 V1.1112-02-007228 38338813 8 1 111/2014 t0/31/2015 I LIFEPAKV 12 UP12-02-007228 38338814 9 11/t/2014 10/31/2015 1 LIFEPAKO 12 VI.P[2-02-007228 38338815 10 1 t/l/2014 10/31/2015 1 LIFEM0 12 VLP12-02-007228 38338816 11 11/1/2014 10131r-015 I LIFE-PAK10 12 VI.PI2-02-007228 39338817 12 1111/201,1 10131/2015 I LIFE-PAUD 12 V1,1112-02.007228 38338818 13 1 Mr-0 14 10/31/2015 1 LIFEPAKV 15 V 15-2-001602 41131794 14 1 111r.014 10131/20 1 5 1 LIFEPAKV 15 V15-2.001602 41131966 15 11/112014 10131/2015 1 LIFEPAKS 15 V I 5.2.(K)0030 38538983 1 11/1/2014 t 0131/20 l 5 1 LIFEPAKS 15 V15.2-000050 39530548 2 ll/l/2014 10/31/2015 1 LIFEPAKO 15 V 15-2-000050 401,10404 3 11/l/2014 10/31/2015 1 LIFEPAKO 15 V 15-2-001601 40404625 4 11/t/2014 10131r-015 I Denotes an inventory line that has changed since the lair contract revision or addendurn Reference Number: V67-1145 Renewal Printed-9/10/2014 Page 4 of 7 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 LP 121151'20 CASE CHG 1-9 1 11/1/2014 1013 1 d2015 Denotes an additional item line that has changed since the last contract revision or addendum, Reference Number: V67-1145 Renewal Printed:9AW2014 Page 5 of 7 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAKt 15 Monitor/Defibrillator Services IJFEPAK(&15 Monitor,'Deribrillator Comprehensive Service *Inspections at intervals set forth on Schedule A •Parts and labor necessary to restore device to original specifications,subject to Exclusions •Standard detachable hard paddles repair or replaccinent •REDI-CIIARGEt battery charger(Catalog# 11141-000115)repairor replacement ozone for each[AFETAK 15 Monitor(Deribrillator listed in Schedule A and as determined necessary by Physio-Control -Power Adapter repair or replacement -Battery Replacement Service o Replacement of three(3)LIFEPAK Lithium-ion batteries curry two(2)years,or upon battery failure -Updates installed at no additional cost,provided such Updates are installed at the time of regularly scheduled Services.If Paris must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%off the then-current list price, LIFEPAKO IS Mon itor�Dc fibril lator Repair Plus Service •Parts and labor necessary to restore device to original specifications,subject to Exclusions •Standard detachable hard paddles repair or replacement •REDI-CHARGE0 battery charger(Catalog# 11141-000115)repair or replacement of one for each LIFEPAK 15 MonitorlDef ibrillator listed in Schedule A and as determined necessary by Physio-Control •Power Adapter repair or replacement •Battery Replacement.Service o Replacement orthree(3)LIFEPAK Lithium-ion batteries every two(2)years,or upon battery failure *Updates installed at 20%off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%off the then-current list price. I.IFEPAKV IS Monitou'Defibrillator Preventative Maintenance Service *Inspections at intervals set forth on Schedule A *Updates installed at 2Vo off the then-current list price provided such updates are installed at the time of regularly scheduled Services.If parts must he replaced to accommodate installation ornew software,such parts may be purchased at a rate of 30%off the then-current list price. Reference Number: V67-1145 Renewal Printed:911012014 Page 6 of 7 PHYSIO-C II' TROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B I.IFEPAK40 12 Defibrillator,Monitor Services LIFEPAKt 12 DcfibrillatorlMonitor Comprehensive Service •Preventative maintenance and inspections at intervals set forth on Schedule A •Paris and labor necessary to restore device to original specifications,subject to Exclusions •Standard detachable hard paddles repair or replacement REDI-CHARGE9 battery charger(Catalog# 11141-000115)repair or rLplacemcni,of one for each LIFEPAK 12 Deribrilintor/Monitor listed in Schedule A and as determined necessary by Physio-Control Power Adapter repair or replacement Battery Replacement Service o Replacement of failed internal coin cell batteries,and o Replacement of four(4)Physio-Control FASTPAKO batteries,rAs*rPAK 2 batteries,LIFEPAK SLA batteries, LIFEPAK NiCd batteries every two years,or upon battery failure;or o Replacement of three(3)LIFEPAK Lithium-ion batteries every two years,or upon battery failure •Updates installed at no additional cost,provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new sollwore,such parts may be purchased at a rate of 30%off the then-current list price. LIFEPAK 9' 12 DeribrillatoriMonitor Repair Plus Service •Parts and labor necessary to restore device to original specifications,subject to Exclusions •Standard detachable hard paddies repair or replacement •REDI-CI LARGE0 battery charger(Catalog# 11141-000115)repair or replacement of one for each LIFEPAK 12 Deribrillator/Monitor listed in Schedule A and as determined necessary by Physio-Control •Power Adapter repair or replacement •Battery Replacement Service •Replacement of failed internal coin cell batteries,and •Replacement of four(4)Physio-Control FASTPAK6 batteries,FASTPAK 2 batteries,LIFEPAK SLA batteries, LIFEPAK NiCd batteries every two years,or upon battery failure every two years,or upon battery failure-,or •Replacement of three(3)LIFEPAK Lithium-ion batteries every two years,or upon battery failure •Updates installed at 20%off the then-current list price provided such'Updates are installed at the time of regularly scheduled Services.If parts must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%off the then-current list price. 1.11-EIIAKO 12 Defibrillator/Monitor Preventative Maintenance Service *Preventative maintenance and inspections at intervals set forth on Schedule A *Updates installed at 20%off the then-current list price provided such Updates are installed at the time of regularly scheduled Services.If parts must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%off the then-current list price. Reference Number: V67-1145 Renewal Printed: 9/10/2014 Page 7 of 7