FY2004-2006 2nd Addendum 10/19/2005
CONTRACT AGREEMENT ADDENDUM
THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into
this 19th day of October ,2005, by and between the Board of Governors,
Fire and Ambulance District 1 of Monroe County, Florida, hereinafter "County" and
Medtronic Physio-Control Corporation, hereinafter "Contractor", in order to amend the
contract agreement between the parties dated October 15,2003, as follows:
1. The term of the Contract Agreement, as stated in Section 4A, shall be extended
for an additional one (1) year term commencing on November 01,2005 and shall
expire on October 31, 2006.
2. In all other respects, the Contract Agreement between the parties dated October
15,2003 remains in full force and effect.
IN WITNESS WHEREOF, the parties hereunto have caused this Contract
Agreement Addendum to be executed the day and year first above written.
BOARD OF GOVERNORS OF THE
FIRE ~BULAN. CE DISTRICT 1
OFM ECO~~~,FL~~A
~.--- //~
., --MayorrCh~mnarr- .__ _,r-
.-
j/(t' , ~~EAL)
d ,:,:./ \ \ >
p I:,) !.'.- : _.- ,'".. :;-,
Ii' f:, '._ . ArnST: DANNY L. KOLHAGE, CLERK
l~r\\~'~ii-w~ \,L', .f .~-F I f\ -. A ~.")
~~~>. -'0' uuu~
'}<~:.: 0': .Co YDeputy Cle~k MEDTRONIC PHYSIO-CONTROL CORP.
."" By: ~'~ .~ ~
..on~
Title: ~cc+ Cvv'(c1{YJ~
0("') .
<=:;:OA
%. a
-i ,-
~n_,"
_ :-i~
"T1 C>
r fTl
~
wrzss
I$J/~,,-
.....
c:>>' -r)
c:::J
UI r-
Z f'Tl
0 0
-c
."
0 0
;;0
>- ;ry
:x 1'1
- ("")
- C>
.. ;0
en 0
0\
TECHNICAL SERVICE SUPPORT AGREEMENT
;~f"""
,/,,'>:~' ...-,,\;
""",:-,,;
\"" ,,>:')
". \'/'
Medtronic'
PHYSIO.CONTROL
Contract Number:
End User # 03189501
MONROE COUNTY FIRE RESCUE
490 63RD ST
MARATHON, FL 33050
Bill To # 03189501
MONROE COUNTY FIRE RESCUE
490 63RD ST
MARATHON, FL 33050
This Technical Service Support Agreement begins on 11/l/2005 and expires on 10/31/2006.
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 Medtronic Physio-Control Corp.'s Data Management Support and Upgrade
Service Terms and Conditions, rev 7/99- I.
Price of coverage specified on Schedule A is $14,709.00 per term, payable in Monthly in arrears installments.
Special Terms
17% DISCOUNT ON LP12 UPGRADES
Accepted: MEDTRONIC PHYSIO-CONTROL CORP.
By: j.A-Wi r~
Title: Untvcd Coa-rdtncivY
Date: q.... J-f-' ()~
Customer:
By:
Print:
Title:
Date:
Purchase Order Number:
Territory Rep: EASS59
Montero, Sandra
Phone: 800-442-1142 x2081
FAX: 800-772-3340
Customer Contact:
Peter Lubert
Phone: 305-289-6004
FAX: 305-289-6013
When Life Depends on Medical Technology
Reference Number: S59-1297
Printed: 8/1 0/2005
Renewal
Page I of 8
MEDTRONIC PHYSIO-CONTROL CORPORATION
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Medtronic Physio-Control's acceptance of Customer's Technical Service Support Agreement is expressly conditioned on Customer's
assent to the terms set forth in this document and its attachments. Physio-Control agrees to furnish the services ordered by Customer
only on these terms, and Customer's acceptance of any portion of the goods and services covered by this document shall confirm their
acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govem any conflicting
or ambiguous terms on Customer's purchase order or on other documents submitted to Physio-Control by Customer. These terms
may not be revised in any manner without the prior written consent of an officer of Physio-Control.
REPAIR SERVICES
If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, all repair parts and materials required, all required Physio-Control service technician labor, and all related travel
expenses. For offsite (ship-in) services, units will be retumed to Customer by Physio-Control freight prepaid.
INSPECTION SERVICES
If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output
measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with
National Fire and Protection Guidelines, all required Physio-Control service technician labor and all related travel expenses. For
offsite (ship-in) services, units will be returned to Customer by Physio-Control freight prepaid.
DOCUMENTATION
Following each Repair andlor Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended
and identification of any materials replaced or recommended for replacement.
LOANERS
If a Physio-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to
complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes
complete responsibility for the Loaner and shall retum the Loaner to Physio-Control in the same condition as received, at Customer's
expense, upon the earlier of the return of the removed unit or Physio-Control's request.
EXCLUSIONS
This Technical Service Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables,
recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, andlor acts of God;
repairs to retum an instrument to normal operating equipment at the time of initial service by Physic-Control under this Technical
Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physio-Control;
and exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment.
SCHEDULE SERVICES
Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service hours.
Customer is to ensure Covered Equipment is available for Repair andlor Inspection at scheduled times. If Covered Equipment is not
available as scheduled and Customer requests additional services to be performed or if Physio-Control is requested to perform Repair
or Inspection services not designated in this Technical Service Support Agreement (due to the nature of services selected, instruments
involved not being Covered Equipment, request being outside of designated service frequency or hours, or application of the
Exclusions); Customer shall reimburse Physio-Control at Physio-Control's standard labor rates less 10% (including overtime, if
appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred.
PAYMENT
The cost of services performed by Physio-Control shall be payable by Customer within thirty (30) days of Customer's receipt of Physio-
Control's Invoice (or such other terms as Physio-Control confirms to Customer in writing), In addition to the cost of services performed,
Customer shall payor reimburse Physio-Control for any taxes assessed Physio-Control. If the number or configuration of Covered
Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly.
WARRANTY
Physic-Control warrants Services performed under this Technical Service Support 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 andlor replacement of any part determined to be
defective, without any additional Customer 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 OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT
SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
When Life Depends on Medical Technology
Reference Number: 859-1297
Printed: 8/10/2005
Renewal
Page 2 of 8
TERMINATION
Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other,
except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make
timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall be
obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the
scope of Services provided prior to the effective date of termination.
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, acts of God, labor disputes, labor shortages, the
requirements
of any govemmental authority, war, civil unrest, delays in manufacture, obtaining any required license of 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.
MISCELLANEOUS
a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Term of
this Technical Service Support Agreement or for one (1) year following its expiration without Physio-Control's prior written consent.
b) This Technical Service Support 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) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by
the laws of the State of Washington. All costs and expenses incurred by Physio-Control related to enforcement of its rights under
this document, including reasonable attomey's fees, shall be reimbursed by Customer,
When Life Depends on Medical Technology
Reference Number: 859-1297
Printed: 8/1 0/2005
Renewal
Page 3 of 8
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: Montero, Sandra, EASS59
District: SOUTHERN
Phone: 800-442-1142 x2081
FAX: 800- 772-3340
Equipment Location: MONROE COUNTY FIRE RESCUE, 03189501
490 63RD ST
MARATHON, FL 33050
Scope Of Service Ship In Repair - 2 On Site Inspections per year:M-F/8-5
Model
LIFEP AKiI!> 10
LIFEPAKiI!> 10
LIFEPAKiI!> 10
LIFEPAKiI!> 10
LIFEP AKiI!> 10
LIFEPAKiI!> 10
LIFEPAKiI!> 10
LIFEPAKiI!> 12
LIFEPAKiI!> 12
LIFEPAKiI!> 12
LIFEPAKiI!> 12
LIFEPAKiI!> 12
LIFEPAKiI!> 12
Part Number
804200-14
804200-14
804200-28
804200-28
804200-28
804200-49
804200-49
VLP 12-02-002269
VLP 12-02-002269
VLP 12-02-002269
VLP 12-02-002269
VLP 12-02-002269
VLP 12-02-002269
Scope Of Service
Ship In Repair Only:M-F/8-5
Model Part Number
BATTERY SUPPORT SYSTEM 801807-12
BATTERY SUPPORT SYSTEM 801807-12
BATTERY SUPPORT SYSTEM 801807-12
BATTERY SUPPORT SYSTEM 801807-12
BATTERY SUPPORT SYSTEM 801807-12
BATTERY SUPPORT SYSTEM 801807-21
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009
When Life Depends on Medical Technology
Serial Number
001137
004475
007300
007308
007327
070414
070525
13451834
13451839
13451840
13451841
13451842
13451843
Ref. Effective Expiration
Line Date Date
1111/2005 10/31/2006
2 1111/2005 10/3112006
3 11/1/2005 10/31/2006
4 111112005 10/31/2006
5 11/1/2005 10/31/2006
6 11/1/2005 10/31/2006
25 11/1/2005 10/31/2006
7 11/1/2005 10/3112006
8 11/1/2005 10/31/2006
9 11/1/2005 10/31/2006
10 11/1/2005 10/31/2006
11 11/112005 10/31/2006
12 11/1/2005 10/31/2006
Serial Number
012341
014699
017090
0171 16
017121
034696
11122706
I I 122707
13426192
13445563
13445566
13445567
Ref. Effective
Line Date
19 11/1/2005
20 I 1/1/2005
21 11/1/2005
22 1111/2005
23 I 1/1/2005
24 111112005
13 1111/2005
14 11/1/2005
15 1111/2005
16 11/1/2005
17 11/1/2005
18 11/1/2005
Reference Number: S59-1297
Printed: 8/1 0/2005
Expiration
Date
10/31/2006
10/31/2006
10/31/2006
10/31/2006
10/31/2006
10/31/2006
10/3112006
10/31/2006
10/3112006
10/31/2006
10/31/2006
10/3 112006
Total
Inspections
2
2
2
2
2
2
2
2
2
2
2
2
2
Total
Inspections
o
o
o
o
o
o
o
o
o
o
o
o
Renewal
Page 4 of 8
U Denotes an inventory line that has changed since the last contract revision or addendum.
When Life Depends on Medical Technology
Reference Number: 859-1297
Printed: 8/1 0/2005
Renewal
Page 5 of 8
Contract Number:
Additional Items
Service Type
CASE CHANGE
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Item
Quantity Start Date
2 11/1/2005
LP12 LIMITED CASE CHANGES
.. Denotes an additional item line that has changed since the last contract revision or addendum.
When Life Depends on Medical Technology
Reference Number: S59-1297
Printed: 8/1 0/2005
End Date
10/31/2006
Renewal
Page 6 of 8
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEP AK@ 10 DEFIBRILLA TOR/MONITOR/P ACEMAKER
. Paddle repairs are included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments).
. Auxiliary Power Supply included when listed on equipment inventory (Schedule A).
. Pacemaker repair is included.
. Case changes are excluded.
. Pacing and patient cables are excluded.
. FAST-PATCH@ adapters and QUlK-COMBOlM pacing/defibrillation adapters are included.
. Medtronic Physio-Control@ Battery Support System included when listed on equipment inventory (Schedule A).
. Repair coverage for Medtronic Physio-Control@ ECG, Pacing and Defibrillation Simulators included.
Medtronic Physio-Control@ Battery Pak
. Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the
service manual and to replace batteries that do not pass the conditions outlined under "DiscardinglRecycling Batteries."
Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled).
. If customer provides evidence that a Medtronic Physio-Control Battery Pak fails to meet the performance tests
noted above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shall replace said Medtronic
Physio-Control Battery Pak (like for like) i.e. F ASTP AK for F ASTP AK, up to a maximum of 4 Medtronic Physio-Control
Battery Paks every two years (including prior Support Plan periods) per LIFEPAK@1O defibrillator/monitor/pacemaker
(listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks
become the property ofMedtronic Physio-Control and must be returned at the time of exchange.
. Only batteries manufactured by Medtronic Physio-Control are covered under this Service Agreement. Any
batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement.
Medtronic Physio-Control cannot guarantee the operation, safety and/or performance of our product when
operating with a non-Medtronic Physio-Control battery. Repairs and inspections performed under this Agreement
meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control
battery. Any repairs, as determined by a Medtronic Physio-Control Service Representative, resulting from the use of
a non-Medtronic Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual
travel charges incurred.
When Life Depends on Medical Technology
Reference Number: 859-1297
Printed: 8/1 0/2005
Renewal
Page 7 of 8
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEP AK@ 12 DEFIBRILLA TOR/MONITOR
. Battery Support System included when listed on equipment inventory (Schedule A).
. Battery Support System 2 included when listed on equipment inventory (Schedule A).
. AC Power Adapter included when listed on equipment inventory (Schedule A).
. DC Power Adapter included when listed on equipment inventory (Schedule A).
. Defibrillator paddle repairs are included (excludes intemal, sterilizable and pediatric paddles).
. Communications and Patient cables are excluded.
. PCMCIA Modems are excluded.
. Therapy cables are excluded.
. Sp02 Sensors are excluded.
. Case Changes are excluded.
. Discount of 17% from the field installed list price for any current and/or future available LIFEP AK@12 upgrade is
included when installed by Medtronic Physio-Control Technical Services.
. Discount of 17% from list price for any Medtronic Physio-Control@ Data Management product is included.
. Discounts may not be combined with any other special terms, discounts and/or promotions.
Medtronic Physio-Control Fastpak@, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery
. Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the
operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding!
Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly
discarded (recycled).
. If customer provides evidence that a Medtronic Physio-Control Battery Pak fails to meet the performance tests noted
above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shall replace said Medtronic
Physio-Control Battery Pak (like for like) i.e. F ASTP AK for F ASTP AK, F ASTP AK2 for F ASTP AK2, LIFEP AK SLA for
LIFEP AK SLA, or LIFEP AK NiCd for LIFEP AK NiCd, up to a maximum of 4 Medtronic Physio-Control Battery Paks
every two years (including prior Support Plan periods) per LIFEPAK@ 12 defibrillator/monitor (listed on Schedule A).
To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of
Medtronic Physio-Control and must be returned at the time of exchange.
. Only batteries manufactured by Medtronic Physio-Control are covered under this Service Agreement. Any
batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement.
Medtronic Physio-Control cannot guarantee the operation, safety and/or performance of our product when
operating with a non-Medtronic Physio-Control battery. Repairs and inspections performed under this Agreement
meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control
battery. Any repairs, as determined by a Medtronic Physio-Control Service Representative, resulting from the use of
a non-Medtronic Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual
travel charges incurred.
Lifepak@12 Software Updates
. If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory
for Lifepak 12 units, at the customer's request, a Medtronic Physio-Control Technical Services Representative will
install Lifepak 12 software updates at no additional charge provided it is installed at the time of a regularly scheduled
inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be
replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount
off the current list price of a new assembly. Software updates requested to be installed at a time other than the regularly
scheduled inspection will be billed at $205 per unit per software update. The cost of the software update will be billed
on a separate invoice.
. If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request
a Medtronic Physio-Control Technical Services Representative will install a Lifepak 12 software update at a discounted
price of $205 per unit per software update. In addition during the term ofthis agreement, where an assembly such as a
printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the
customer at a 50% discount off the current list price ofa new assembly. The cost of the software update will be billed
on a separate invoice.
. Discounts may not be combined with any other special terms, discounts and/or promotions.
When Life Depends on Medical Technology
Reference Number: 859-1297
Printed: 8/1 012005
Renewal
Page 8 of 8