Item C20
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15.2004
Bulk Item: Yes X No
Division: County Administrator
Department: Fire Rescue
AGENDA ITEM WORDING: Approval of Contract Agreement Addendum between the Board of
County Commissioners acting as Board of Governors for MSTD 6 and Medtronic Physio-Control, for
the maintenance of biomedical equipment for an additional one year period per original contract of
October 15,2003, in the amount of $6,904.00.
ITEM BACKGROUND: On October 15, 2003, the Board of County Commissioners approved a
contract with Medtronic Physio-Control for preventative inspection and maintenance of biomedical
equipment, in the total amount of $6,904.00. The original contract provided for two (2) additional one
(1) year renewal terms with approval of the Board of County Commissioners. We are requesting
approval to exercise the renewal clause for the first year period, commencing November 01,2004 and
ending on October 31,2005. The contract sum of $6,904.00 has not increased from the original
contract amount.
PREVIOUS RELEVANT BOCC ACTION: On October 15, 2003, the Board accepted the proposal,
and approved an agreement with Medtronic Physio-Control Corp, for the maintenance and preventative
inspection of biomedical equipment for MSTD 6, in the amount of $6,904.00 for a one year period,
commencing November 01, 2003 and ending October 31, 2004.
CONTRACT/AGREEMENT CHANGES: Contract term has changed to provide service for the
period November 01,2004 through October 31,2005.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6.904.00
BUDGETED: Yes X
No
COST TO COUNTY: $6.904.00
SOURCE OF FUNDS: Ad ValOrem Taxes
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTHN/A Year
APPROVED BY: County Atty YES OMBIPu.rChasi~,-7."--.'.",. ,Ri,".":Sk~ anageme S
~. ~
DEPARTMENT HEAD APPROVAL: ~. ..".
Clark O. M . Jr. C.
(Rob Lo Ct1 D t. Head)
DIVISION DIRECTOR APPROVAL:
James L. Roberts
DOCUMENTATION: Included X
To Follow
Not Required _
AGENDA ITEM # CJ...O
DISPOSITION:
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Medtronic Physio-Control
Contract #_
Effective Date:
Expiration Date:
November 01,2004
October 31, 2005
Contract Manager:
Darice Hayes
(Name)
6004
(Ext. )
Fire Rescue 1 Sto #14
(Department/Stop #)
for BOCC meetin on
Se 1. 15, 2004
A enda Deadline: Au ust 31, 2004
CONTRACT COSTS
Total Dollar Value of Contract: $6.904.00
Budgeted? Yes~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
ill -13002-530460
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $_/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director ~~~"-~f YesD No,g--
a , .\ 7- ~ \.{ ..-I
Risk Management 0' () YesD No~
O.M.B./Purchasing C ~/2.10 (jYesD No~
County Attomey ~o~ YesDNo~
tiJ.-
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
CONTRACT AGREEMENT ADDENDUM
THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into
this _ day of , 2004, by and between the Board of County
Commissioners, Monroe County, Florida, acting as Board of Governors for MSTD 6,
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 01,2004 and shall
expire on October 31,2005.
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 COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
~
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A TrEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MEDTRONIC PHYSIO-CONTROL CORP.
By:
Title:
WITNESS:
:~Tlq~ ,I'i:_URANCE
", MAft.SH
CERTIFICATE NUMBER
CHI-000298179-10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
PRODUCER
Marsh USA Inc.
333 South 7th Street, Suite 1600
Minneapolis, MN 55402-2400
COMPANIES AFFORDING COVERAGE
3840 -GAW--
x
COMPANY
A ACE AMERICAN INS CO
MEDTRONIC PHYSIO CONTROL CORP.
MEDTRONIC, INC.
710 MEDTRONIC PARKWAY
M.S. LC310
MINNEAPOLIS, MN 55432
COMPANY
B
INSURED
COMPANY
C
COMPANY
D
q~~~_":(L'>;_ ,~::::t,.:~+.{:: -. ..;;
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDIYY) DATE (MM/DDIYY)
A GENERAL LIABILITY HDCG 21704842 05/01/04 05/01/05 GENERAL AGGREGATE $ 10,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 10,000,000
CLAIMS MADE 0 OCCUR PERSONAL&ADVINJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 10,000,000
$ 1,000,000
$ 10,000
A AUTOMOBILE LIABILITY ISAH08016835 05/01/04 05/01/05 COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO
X ALL OWNED AUTOS BODILY INJURY $
I'f~ (Per pe<sOn)
SCHEDULED AUTOS ' . , ' '"
X HIRED AUTOS [3'i " .,.'. BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
OAT E ....
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A EMPLOYERS' LIABILITY WLRC 43976849 (AOS) 05/01/04 05/01/05 X
A SCFC 43976801 (WI) 05/01104 05/01/05
A THE PROPRIETORl INCL WLRC 43976722 (NJ) 05/01/04 05/01105 EL DISEASE-POLICY LIMIT
A PARTNERSlEXECUTIVE EXCL WLRC4397676A (MO, NC, NE, OK) 05/01104 05/01/05
OFFICERS ARE: EL DISEASE-EACH EMPLOYEE $
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES & OFFICIALS IS NAMED AS ADDITIONAL INSURED AS IT
RELATES TO GENERAL AND AUTO LIABILITY.
CERTIFICATE HOLDER
CANCELLATION
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
RISK MANAGEMENT DEPT.
1100 SIMONTON STREET
KEY WEST, FL 33040
SHOULD AHY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WIlL ENDEAVOR TO MAll _-3.0 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIIIES. OR THE
ISSUER OF THIS CERTIFICATE,
MARSH USA INC.
BY: Debra Burrell
Aw9~
MM1(3102)'
VALID AS OF: 05/19/04
.1?l
TECHNICAL SERVICE SUPPORT AGREEMENT
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Medtronic'
PHYSIO.CONTROL
Contract Number:
End User # 03202901
KEYLARGOVOLUNTEERAMBULANC
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Bill To # 03202901
KEY LARGO VOLUNTEER AMBULANC
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
This Technical Service Support Agreement begins on 11/1/2004 and expires on 10/31/2005.
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 7/99-1.
Price of coverage specified on Schedule A is $6,904.00 per term, payable in Monthly installments.
Special Terms
17% DISCOUNT ON LP12 UPGRADES
17% DISCOUNT ON DATA MANAGEMENT PRODUCTS
Accepted: MEDTRONlC PHYSIO-CONTROL CORP.
Customer:
By:
By:
Title:
Print:
Date:
Title:
Date:
Purchase Order Number:
Territory Rep: EASS59
Montero, Sandra
Phone: 800-44 2-114 2 x2081
FAX: 800-772-3340
Customer Contact:
CHIEF JONES
Phone: 305-451-2766
FAX: 305-451-6211
When Life Depends on Medical Technology
Reference Number: S59-1278
Printed: 7/7/2004
Renewal
Page 1 of 6
MEDTRONIC PHYSIO-CONTROL CORPORATION
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Medtronic Physio-Control's acceptance of Custom~r's Technical Service ~upport Agreement is e~pressly con~itioned on Customer's
assent to the terms set forth in this document and Its attachments. PhYSlo-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 C?vered by this document shall con~~ their
acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting
or ambiguous terms on Customer's purchase order or on other documents submitted to Physic-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 returned 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 and/or 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 retumed. 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, and/or 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 and/or Inspection at scheduled times. If Covered Equipment is not
available as scheduled and Customer requests additional services to be performed or if Physic-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 Physic-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 w~s pr~vided. Custo~.er's sole remedy shall be re~ervicing the affect~d unit and/or replacement of any part determined to be
d~f~ctive, WithOut any additional. Cu~tomer charge, provided Customer notifies Physio-Control of any allegedly defective condition
Within ten (10) calendar days of Its discovery by Customer. Physic-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 Medica/ Techn%gy
Reference Number: 859-1278
Printed: 7/7/2004
Renewal
Page 2 of 6
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 Physic-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
Physic-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 governmental 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 Physic-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 attorney's fees, shall be reimbursed by Customer.
When Life Depends on Medical Technology
Reference Number: 859-1278
Printed: 7/7/2004
Renewal
Page 3 of 6
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep:
District:
Phone:
FAX:
Montero, Sandra, EASS59
SOUTHERN
800-442-1142 x2081
800-772-3340
Equipment Location: KEY LARGO VOLUNTEER AMBULANC, 03202901
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Scope Of Service On Site Repair and 2 On Site Inspection per Year:M-F/8-5
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Insoections
LIFEPAK@ 10 804200-14 002259 1 11/1/2004 10/31/2005 2
LIFEPAK@ 10 804200-28 007541 2 11/1/2004 10/31/2005 2
LIFEPAK@ 10 804200-28 007546 3 11/1/2004 10/31/2005 2
LIFEPAK@ 10 804200-28 029396 4 11/1/2004 10/31/2005 2
LIFEPAK@ 12 VLP 12-02-002269 13451844 7 11/1/2004 10/31/2005 2
LIFEP AK@ 12 VLP 12-02-002269 13451845 8 11/1/2004 10/31/2005 2
Scope Of Service On Site Repair Only: M-F/8-5
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Insoections
ACCESSORY 804217-00 002285 5 11/1/2004 10/31/2005 0
ACCESSORY 804217-00 002288 6 11/1/2004 10/31/2005 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426178 9 11/1/2004 10/31/2005 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426198 10 1111/2004 10/31/2005 0
.. Denotes an inventory line that has changed since the last contract revision or addendum.
When Life Depends on Medical Technology
Reference Number: 859-1278
Printed: 7/7/2004
Renewal
Page 4 of 6
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LlFEP AK@ 10 DEFIBRlLLA TOR/MONITORJP 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-COMBOThl 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 LlFEPAK@lO defibrillator/monitor/pacemaker
(listed on Schedule A). To assist in proper recycling and removal oflow 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.
When Life Depends on Medical Technology
Reference Number: 859-1278
Printed: 7/7/2004
Renewal
Page 5 of 6
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEP AK@ 12 DEFIBRILLATOR/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 internal, 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 LIFEP AK@ 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 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. 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: S59-1278
Printed: 7/7/2004
Renewal
Page 6 of 6
AGREEMENT
This Agreement made and entered into this 15 th day of Dc tober ,
2003, by and between the Monroe County Board of County Commissioners, Monroe County,
Florida acting as Board of Governors for Municipal Services Taxing District 6 (MSTD 6),
hereinafter "COUNTY" and Medtronic Physio-Control Corporation, hereinafter
"CONTRACTOR" ,
WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually
agree as follows:
1. SCOPE OF THE WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery,
tools, apparatus and transportation and perform all other work as described in the
Specifications for the Preventive Inspection and Maintenance of Biomedical Equipmeilt
for the Monroe County Board of County Commissioners: all of which are hereto
attached, and made part of this Agreement by reference. . .
2. CONTRACT SUM
The COUNTY shall pay to the CONTRACTOR a total amount of $6,904.00
or the faithful performance of the Contract, in lawful money of the United States. This
will be paid in 12 equal monthly installments, on the first of the month for the preceding
month after invoice rendered by CONTRACTOR.
3. GENERAL PROVISIONS
A. The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY
harmless from and against all claims, damages, losses and expenses, including
reasonable attorneys' fees in any action arising out of performance of the work
herein, including bodily injury, illness or death, or for property damage including
loss of use, resulting from the CONTRACTOR'S work.
B. The CONTRACTOR warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition
of Section 2 or Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this Contract without
liability and may also, in its discretion, deduct from the Contract or purchase price
or otherwise recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former County officer or employee.
C. Before beginning work under this Contract, the CONTRACTOR must provide
evidence satisfactory to the COUNTY'S Risk Management Director that the
CONTRACTOR has in force and affect the insurance required in the contract
specifications (General Conditions, Paragraph 5) and in Exhibit A,
Page 1 of 5
4. CONTRACT TERM
A. The Contract shall commence on November 1, 2003 and shall expire one year from
that date, October 31,2004. The Contract may be renewed for two (2) additional
one (1) year terms at the option of the COUNTY. The COUNTY shall exercise the
option by a written notice to the CONTRACTOR, 30 days before expiration of the
original term.
B. The CONTRACTOR shall not be held liable for delay in delivery caused by
strikes, inability to obtain materials or equipment, production or manufacturing
problems and all other causes beyond the CONTRACTOR'S control. The
CONTRACTOR shall not be liable for any incidental damages caused by delays
in delivery.
C. Monroe County's performance and obligation to pay under this contract, is
contingent upon an annual appropriation by the Board of County Cornmissiooers
of Monroe County.
5. CONTRACTOR'S ACCEPTA1"l"CE OF CONDITIONS
The CONTRACTOR understands all provisions of this Contract and of the
Specifications and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions or situations shall this Contract be more strongly construed
against the COUNTY than against the CONTRACTOR,
6. PAYMENT
A, The CONTRACTOR shall invoice the COUNTY, in accordance with the pricing
and terms as outlined in the Contract documents. Invoices shall be submitted to
Monroe County Fire Rescue, 490 63rd Street, Ocean, Suite 170, Marathon,
Florida 33050, for approval and processing.
B. All payments shall be made directly to the CONTRACTOR at the
CONTRACTOR'S office, Medronic Physio-Control Corporation, 11811 Willows
Rd" N.E., Redmond, WA 98073.
7. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder CONTRACTOR is an independent
CONTRACTOR and not an employee of the COUNTY. No statement contained in this
Agreement shall be construed so as to find the CONTRACTOR or any of his /her
employees, Contractor's, servants or agents to be employees of the COUNTY and they
shall be entitled to none of the rights, privileges or benefits of employees of the COUNTY.
Page 2 of 5
8. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, the CONTRACTOR shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the
provisions of such goods, including those now in effect and hereinafter adopted, Any
violation of said statutes, ordinances, rules or regulations shall constitute a material
breach of this Agreement and shall entitle the Board of County Commissioners to
terminate this Contract immediately upon delivery of written notice of termination to the
CONTRACTOR.
9, SUBCONTRACTING/ASSIGNMENT
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest
in this Contract without the prior written consent of the COUNTY thereto.
10. NOTICE - GENERAL
Any notice or notices required or permitted to be given pursuant to this.'Contract
may be personally served on the other party by the party giving such notice or may be
served by certified mail, return receipt requested, to the following addresses:
COUNTY:
Monroe County Fire Rescue
490 63rd Street, Ocean, Suite 170
Marathon, Florida 33050
CONTRACTOR:
Medtronic Physio-Control Corporation
11811 Willows Rd" N .E,
Redmond, W A 98073
11. ANTI DISCRlMINA TION
CONTRACTOR agrees they will not discriminate against any of their employees
or applicants for employment or against persons for any other benefit or service, because
of their race, color, religion, sex or national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of
employment and to abide by all Federal and State laws regarding non-discrimination.
12. NON WAIVER
Any waiver of any breach of covenants herein contained to be kept and performed
by the CONTRACTOR shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any
succeeding breach either of the same conditions or covenants or otherwise,
i3. CONTRACTOR - GENERAL
The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities encompassed by the program herein described, subject to the
Page 3 of 5
terms and conditions set forth in the Attachment, which is attached hereto and
incorporated herein as part of this Agreement.
Each of the signatories for the CONTRACTOR below certifies and warrants
that:
A. The CONTRACTOR'S name in this Agreement is the full name as designated its
corporate charter, if CONTRACTOR is a corporation; otherwise,
CONTRACTOR'S name is the business entity, whether partnership or sole
proprietorship, under which CONTRACTOR normally conducts business.
B. They are empowered to act and contract for the CONTRACTOR and
C. This Agreement has been approved by the Board of Directors of CONTRACTOR.
if CONTRACTOR has a corporation.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto with respect
to the subject matter hereof and supersedes any and all prior agreements with respect to
such subject matter between CONTRACTOR and the Fire Rescue office or the
COUNTY,
15. CONSENT TO JURISDICTION
, This Agreement, its performance and all disputes arising hereunder, shall be
governed by the laws of the State of Florida and both parties agree that a proper venue for
any action shall be Monroe County.
16. CONDITIONS OF TERMINATION
A. The performance of work or provision of goods under this Agreement may be
terminated, delayed or temporarily suspended by the COUNTY, in whole or in
part, from time to time, wherever the COUNTY shall determine that such
termination is in the best interest of the COUNTY. The COUNTY shall pay all
reasonable costs incurred by the CONTRACTOR up to the time of termination
and all reasonable costs to the CONTRACTOR associated with termination.
B. If the CONTRACTOR fails to fulfill the terms of this Agreement or attachments,
properly or on time or otherwise violates the provisions of the Agreement or of
applicable laws or regulations governing the use of funds, the COUNTY may
terminate the Contract by written notice of 15 days. The notice shall specify
cause. The COUNTY shall pay the CONTRACTOR fair and equitable
compensation for expenses incurred prior to termination of the Agreement, less
any amount of damages caused by the CONTRACTOR'S breach. If the damages
are more than compensation payable, the CONTRACTOR will remain liable after
termination and the COUNTY can affirmatively collect damages.
Page 4 of 5
A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases or real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of36 months from the date of being
placed on the conflicted vendor list.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA N
AS THE BOARD OF GOVERt"iORS
FO~~:rP6 ~_ , / / .
~/Jju /,T/. ~a.U
BY:
;,:.~.,.iA
"
suzr,NNE A. HUTTON
ASSISTAN;"~~ ATTORNEY
Date ~ 3
(CORPORATE SEAL)
Attest:
BY:~~
Title: SV. Cu5r SUe. Su.~Uf>OV
MEDTRONIC PHYSIO-CONTROL CORP.
By: IN/v1' f~
Title: 0rn1Y~v-f Coo'(d(n~
Page 5 of 5
I
1996 EJlllon
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract. the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLI
Administr:lllOn Instruction
#4709.3
53
1"1"10 c.umun
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maJntained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned. and Hired Vehicles
The minimum limits acceptable shall be:
SIOO,OOO Combined Single Limit (CSL)
If split limits are provided. the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administr.uion Instruction
#4709.3
80
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily rnjury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida,
...:... .
,.,:11 ~
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of rnsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
"
WCt
Administr:ltion Instruction
#4709.3
87
IVIAt(:) M CERTIFICATE OF INSURANCE CERTIFICATE NUMOER
CH 1-0003 38166-04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Minneapolis, MN 55402-2400 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
3840 -GAW-- A ACE AMERICAN INS CO :rot. _ _
INSURED COMPANY IJ ". If ~U
MEDTRONIC PHYSIO CONTROL CORP. B . .'"
MEDTRONIC, INC. " .
710 MEDTRONIC PARKWAY COMPANY ,'4UV J :' LUll]
M.S. LC310 C D'.' d~/
MINNEAPOLIS, MN 55432 .- f.... ~
COMPANY ~---..-
0 . HC~CUl'--=
COY~RAGES "'; ': ':', ,.... .', .6
THIS is TO, CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYY) DATE (MMIDDIYY)
A GENERAL LIABILITY HDOG21731195 '05/01/03 i05/01/04 I~ .0,000,000
GENERAL AGGREGATE "
-
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 10,000,000
I CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $' 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 10,000,000
-
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anv one oerson) $ 10,000
A AUTOMOBILE LIABILITY ISAH07685087 05/01/03 05/01/04 $ 1,000,000
f-- COMBINED SINGLE LIMIT
f-- ANY AUTO
X ALL OWNED AUTOS BODILY INJURY $
f-- (Per person)
f-- SCHEDULED AUTOS A~' ;;rtAGEMEN I
X HIRED AUTOS BODILY INJURY $
- (Per accidenl)
X NON-OWNED AUTOS BY . ~~
-
OATE ___ PROPERTY DAMAGE $
'-::.:.7
GARAGE LIABILITY 'NAI\lr;::P t'Ji.4 ~ "...._JES . AUTO ONLY - EA ACCIDENT $
f---
ANY AUTO OTHER THAN AUTO ONLY: '?":"":;"'" . ::-
f-- $
f--- EACH ACCIDENT
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
q UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND WLRC43522644 05/01/03 05/01/04 I "Y<.:i..~TATU- I I O.,LH ;- ".:e'"
EMPLOYERS' LIABILITY X TORY LIMITS ER
A SCFC43522607 05/01/03 05/0 i/04 EL EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR! RINCL WLRC443522565 05/01/03 05/01/04 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSlEXECUTlVE WLR C43520556 05/01/04
A OFFICERS ARE: EXCL 05/01/03 EL DiSEASE-EACH EMPLOYEE $ 1,000,000
OTHER WC: Self Insured in MN & AZ
DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/SPECIAL ITEMS
THE MONROE COUNTY BOARD OF COMMISSIONERS, ITS EMPLOYEES AND OFFICIALS ARE INCLUDED AS AN ADDITIONAL INSURED AS IT
RELATES TO GENERAL LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY CONTRACT.
CERTIFICATE HO~DE,R'''';:r ...,... ::".,;.:; ".": "'"' ", '" CANCelLATION .' .: . .
SHOULD ANY OF THE POliCIES OESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WilL ENDEAVOR TO MAIL -3..0 DAYS WRITTEN NOTICE TO THE
MONROE COUNTY BOARD OF COUNTY CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAil SUCH I'JOT1CE SHALL IMPOSE NO OBLIGATION OR
COMMISSIONERS
OFFICE OF FIRE RESCUE, ATTN: DARICE HAYES lIABILITY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE
490 63RD ST., OCEAN VIEW SUITE 170 IS~UER OF THIS CERTIFICATE
MARATHON, FL 33050 MARSH USA INC,
BY: Sarah Paasch ~ 9~
MM 1 (3/02) VALID AS OF: 11/14/03
TECHNICAL SERVICE SUPPORT AGREEMENT
v~!?\
1........- I
\.v
.....
Medlronic'
PHYSIO,CONTROl
Contract Number:
End User # 03202901
KEY LARGO VOLUNTEER AMBULANC
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Bill To # 03202901
KEY LARGO VOLUNTEER AL"tBULANC
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
This Technical Service Support Agreement begins on 1l/l/2003 and expires on 10/3l/200.J.,
The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Sen.ice Agreement
is subject to the Tenns and Conditions on the reverse side of this document and any Schedule B. if attached.
If any Data Management Support and Upgmde Sen.'ice is included on Schedule A then this Teclmical Serv'ice :
Support Agreement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgrape
Service Tenns and Conditions, rev 7/99-1.
Price of covemge specified on Schedule A is S6.90.J.,OO per term payable in Monthly installments.
Special Tenns
17% DISCOUNT ON LP 12 UPGRADES
17% DISCOUNT ON DATA MANAGEMENT PRODUCTS
Customer:
By:
Print:
Title:
Date:
Purchase Order Number:
Territory Rep: EASS59
SANDRA LEE MONlERO
Phone: 800-442-1142 X2081
FAX: 800-772-3340
Customer Contact:
CHIEF JONES
Phone: 305-451-2766
FAX: 305-451-6211
Reference Number: S59-12.J.0
Printed: 9/9/2003
Renewal
Page I of 4
MEDTRONIC PHYSIO-CONTROL CORP.
SERVICE ORDER TERMS AND CONDITIONS
IEBMS
Medtronic Physio-Control's ("Physio") acceptance of Customer's Service Order is expressly conditioned on Customer's assent to the terms set forth in this document
and its attachments. Physio agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and ser-
vices covered by this document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall gov-
ern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physic by Customer. These terms may not be revised
in any manner without the prior written consent of an officer of Physio.
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 service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physio 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 service technician labor and all related travel expenses.
For offsite (ship-in) services, units will be returned to Customer by Physio freight prepaid.
DOCUMENTATION
Following each Repair and/or Inspection, Physio 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 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 return the Loaner to
Physio in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physio's request.
EXCLUSIONS
This Service Order 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, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by
Physio under this Service Order; case changes; repair or replacement of items not originally distributed or installed by Physio; and exclusions on Schedule B to this
Service Order, 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 and/or Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests
additional services to be performed or if Physio is requested to perform Repair or Inspection services not designated in this Service Order (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 at Physio'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 shall be payable by Customer within thirty (30) days of Customer's receipt of Physio's Invoice (or such other terms as Physio
confirms to Customer in writing). In addition to the cost of services performed, Customer shall payor reimburse Physio for any taxes assessed Physio. If the number
or configuration of Covered Equipment is altered during the Term of this Service Order, the price of Services shall be adjusted accordingly.
WARRANTY
Physio warrants Services performed under this Service Order and replacement parts provided in performing such Services against defects in material and workman-
ship for ninety (90) days from the date a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replace-
ment of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physio of any allegedly defective condition within ten
(10) calendar days of its discovery by Customer. Physio makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MER-
CHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
TERMINATION
Either party may terminate this Service Order at any time upon sixty (60) days prior written notice to the other, except that Physio may terminate this Service Order
immediately upon Customer's failure to make timely payments for services rendered under this Service Order. In the event of termination, Customer shall be obligated
to reimburse Physio 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.
Qf1..AYS
Physio 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 con-
trol, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture,
obtaining any required license of permit. and Physio's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach
of Physio'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's behalf during the Term of this Service Order or for one (1)
year following its expiration without Physio's prior written consent.
b) This Service Order, 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 and Customer under this Service Order shall be governed by the laws of the State of Washington. All costs and
expenses incurred by Physio related to enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by
Customer.
Rev 7/99-1
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEl\'lENT
SCHEDULE A
ContraCt Number:
Servicing Rep:
District:
Phone:
FAX:
SANDRA LEE MONlERO, EASS59
SOUTHERN
800-442-1142 X2081
800-772-3340
Equipment Location: KEY LARGO VOLUNlEER AMBULANC, 03202901
98600 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Scope Of Service On Site Repair and 2 On Site Inspection per Year:M-F /8-5
Ref. Effective Expiration Total
Modd Pm Number Somal :-iumber Line: Date: Date: Inspections
UFEPAK1l10 804200-28 029396 4 11/1/2003 10/31/2004 '2
,-.;.J,. .
LIFEPAK-1110 804200-28 0075-l6 3 11/112003 10/3li2004 ,'2
LIFEPAK-1110 804200-28 007541 2 11/1/2003 10/31/2004. 2
LIFEPAK1l10 804200-14 002259 1 11/1/2003 10/31/2004 2
LIFEPAK1l12 \nLPI2.02-002269 13451845 8 11/1/2003 10/31/2004 2
LIFEPAK1l12 VLP 12-02-002269 13451844 7 11/1/2003 10/31/2004 2
,
Scope Of Service On Site Repair Only: M-F/8-5
Ref. Effective Expiration Total
Model Pm Number Somal Number Line Date Date Inspections
ACCESSORY 804217-00 002288 6 11/1/2003 10/31/2004 0
ACCESSORY 804217-00 002285 5 11/1/2003 10/31/2004 0
BATI'ERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426198 10 11/ 1/2003 10/31/2004 0
BATI'ERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426178 9 11/ 1/2003 10/31/2004 0
.. Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: S59-1240
Primed: 9/912003
Renewal
Page 2 of 4
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LlFEPAK@ 10 DEFIBRILLATOR/MONITOR/PACEMAKER
. 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-COMBOTM 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. FASTPAK for FASTPAK, up to a maximum of 4 Medtronic Physio"Control
Battery Paks every two years (including prior Support Plan periods) per LlFEPAK@IOdefibrilIator/monitor/pacemaker
(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.
Reference Number: S59-1240
Printed: 11/512003
Renewal
Page 3 of 4
MEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK@ 12 DEFIBRILLATOR/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 internal, 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 UFEPAK@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) Le. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for
LIFEPAK SLA, or LIFEPAK NiCd for LIFEPAK 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 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. 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.
Reference Number: S59-1240
Printed: 11/5/2003
Renewal
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