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Item C25 C25 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C25 2023-1406 BULK ITEM: Yes DEPARTMENT: Fire Rescue TIME APPROXIMATE: STAFF CONTACT: James K. Callahan AGENDA ITEM WORDING: Approval to renew software services for RescueNet Billing Pro, ePCR and FireRMS software from Zoll Data Systems for one (1)year at a total cost of$71,944.20 and authorize the Fire Chief to execute all necessary documents. ITEM BACKGROUND: Since October of 2013, Zoll Data Systems, Inc., has provided ePCR and RescueNet Billing software, along with the FireRMS module, to MCFR. This software is essential to MCFR operations as it provides an integrated method for downloading patient care records and information for medical billing purposes and ensures compliance with National and State reporting requirements. Although Zoll has provided a Certificate of Insurance(COI) for cyber liability insurance, Zoll advised that they are not willing to meet the County's requirements to add the Board of County Commissioners as an additional insured. Due to the fact that they host HIPAA data and that other private information such as names, social security numbers, addresses and credit card information are stored in RescueNet Billing, and given the risk of data breaches, Risk Management recommended that additional due diligence be conducted to find an alternative solution. In the interim, MCFR is requesting approval to renew the hosted services for RescueNet Billing Pro, ePCR and FireRMS software from Zoll Data Systems for an additional one (1)year period at a cost of$71,944.20. PREVIOUS RELEVANT BOCC ACTION: On 09/21/22, the Board of County Commissioners (BOCC) (Item C2) and the Board of Governors of Fire and Ambulance District 1 (BOG) approved the execution of an Application Service Provider Agreement with Zoll Data Systems, Inc. for the ePCR, RescueNet Billing and FireRMS products (BOG item: I2). On 09/16/15, the Board of Governors of Fire and Ambulance District 1 (BOG) approved the execution of an Application Service Provider Agreement with Zoll Data Systems, Inc. for the RescueNet suite of software products (BOG item: G4). 1156 On 10/16/13, the Board of County Commissioners (BOCC) approved the execution of an Application Service Provider Agreement with Zoll Data Systems, Inc. for the RescueNet suite of software products for electronic patient care reports (ePCR) to allow MCFR to continue to license ePCR software (BOCC item: G5.). CONTRACT/AGREEMENT CHANGES: Addition of Cyber Liability insurance and one-year extension of contract. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Zoll COI.pdf DOC.pdf FINANCIAL IMPACT: FINANCIAL IMPACT: Effective Date: 10/01/2023 Expiration Date: 09/30/2024 Total Dollar Value of Contract: $71,944.20 Total Cost to County: $71,944.20 Current Year Portion: $71,944.20 Budgeted: Yes Source of Funds: 11500 (70%), 11001 (25%); 63100 (5%); SC_00036 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: No 1157 County Match: No Insurance Required: Yes, COI(s) attached. Additional Details: N/A ■ 141-11500 FIRE & RESCUE CENTRAL $50,360.94 ■ 101-11001 MEDICAL AIR TRANSPORT $17,986.05 ■ 404-63100 FIRE & RESCUE KW AIRPORT $3,597.21 Total: $71,944.20 1158 (MMID A�® CERTIFICATE OF LIABILITY INSURANCE D08/17/2023DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME: PHONE FAX 1166 Avenue of the Americas A/C,No Ext: AIC,No): New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 10 1 609659-ZOLL-CYBER-23-24 INSURER A:Allied World Assurance Co. 19489 INSURED INSURER B ZOLL DATA SYSTEMS INC. 11802 RIDGE PARKWAY,#400 INSURER C BROOMFIELD,CO 80021 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011678097-00 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT DAMAGE TO RENTED PREMISES Ea occurrence $ By, 2 MED EXP(Any one person) $ 8 DATE /2 i�2023_ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER N/A YES GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A CYBER 0313-7973 04/14/2023 04/14/2024 LIMIT 5,000,000 SIR 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1159 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE I 08/16/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AOn Risk services Northeast, Inc. -NAME: PHONE FAX i Stamford CT Office (A/C.No.Ext): (866) 283-7122 A/C.No.: (800) 363-0105 1600 summer street E-MAIL p Stamford CT 06907-4907 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: TOkio Marine America Insurance Company 10945 ZOLL Data Systems Inc. INSURERB: Trans Pacific Ins CO 41238 11802 Ridge Parkway #400 INSURER C: SOmpo America Fire & Marine Insurance Co 38997 Broomfield CO 80021 USA INSURER D: Mitsui Sumitomo Insurance USA Inc. 22551 INSURERE: SOmpo America Insurance Company 11126 INSURER F: COVERAGES CERTIFICATE NUMBER: 570101165399 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLL640976006 777UT7= EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $100,000 PREMISES Ea occurrence APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 ......... //�� GEN'LAGGREGATE LIMITAPPLIES PER: DATE 8/21/ZU3 GENERAL AGGREGATE $2,000,000 0 X POLICY ❑PEA F—]LOC WAIVER N/A_YES_ PRODUCTS-COMP/OPAGG Excluded o OTHER: o A CA6409761-06 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident IC L d D UMBRELLALIAB X OCCUR EXS5200217 07/01/2023 07/01/2024 EACH OCCURRENCE $15,000,000 V EXCESS LAB CLAIMS-MADE AGGREGATE $15,000,000 L 0 DED RETENTION C WORKERS COMPENSATION AND JCD40122W0 07/01/2023 07/01/2024 X PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N ADS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A ICR40013NO 07/01/2023 07/01/2024 (Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-- �L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) s �J �J x 2A _1 �J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ti Monroe County AUTHORIZED REPRESENTATIVE Board of County Commissioners - 1100 Simonton Street r Key West FL 33040 USA ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1160 AGENCY CUSTOMER ID: 570000083508 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. ZOLL Data Systems Inc. POLICY NUMBER See Certificate Number: 570101165399 CARRIER NAIC CODE See Certificate Number: 570101165399 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICYNUMBER POLICY POLICY LIMITS TYPE OF INSURANCE EFFECTIVE EXPIRATION LTR INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) EXCESS LIABILITY E UUX40172U0 07/01/2023 07/01/2024 Aggregate $10,000,000 Each $10,000,000 Occurrence ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 1161 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D08/17/2023DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME: PHONE FAX 1166 Avenue of the Americas (A/C,No Ext: AIC,No): New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 10 1 609659--PROUM-23-24 INSURER A:Chubb 10052 INSURED INSURER B ZOLL DATA SYSTEMS INC. 11802 RIDGE PARKWAY,#400 INSURER C BROOMFIELD,CO 80021 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011678098-01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T CLAIMS-MADE OCCUR PREM SESOE.occurrDence $ MED EXP(Any one person) $ APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: BY � � GENERAL AGGREGATE $ PRO- "-pF^ i,="-."�^^yy 2:� , POLICY JECT1:1 LOC DATE 8/2 WI)2G PRODUCTS-COMP/OP AGG $ OTHER: WAIVER N/A YES $ AUTOMOBILE LIABILITY — — COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ID ED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Products Liability 36066155 07/15/2023 07/15/2024 Prod/Comp Ops/Occ 10,000,000 Retro Date 10/1/2004 'Deductible-$200,000' Prod/Comp OPs/Agg 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Products Liability-Claims made coverage. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1162 DocuSign Envelope ID:6D615F04-3BB8-4AFD-91 14-129D29EA4257 M 11802 Ridge Parkway, Suite 400 ZOL111111111111z, ORDER Q-56168 Broomfield, Colorado 80021-5059 (303)801-0000(main) (800)474-4489(toll free) DATA SYSTEMS www.zolidata.com Customer Information ................ Company Name: Monroe County Fire Rescue Bill To: Monroe County Fire Rescue Address: 490 63rd Street 490 63rd Street Suite 170 Suite 170 Marathon,FL 33050 Marathon,FL 33050 Contact: Cheri Tamborski Email: tamborski-ched@monroecounty-fl.gov Software, SaaS and Services .......... Initial Term: 12 months Offer Expiration: August 31,2023 ZOLL Representative: John Jaweed 70157 Lic, Item T e Descri flon 01ty Unit Unit PriceM2nthl Fee HBSP HL Hosted Billing Service Plus(Per Concurrent User) 3 Concurrent User $ 900 $2,370.00 FTB—P R 0 1 HL RescueNet Billing Pro(Per Trip/Month)-1 Year 310 Trip $2.85 --$8-83 50 -Pi—EPCRPL --R—L Hosted RescueNet ePCR Plus(Per PCR/Month) 1 PCR $1.85 $1.85— -Fi-F­PR '-P—L Hosted RescueNet FireRMS Premium(Per Station) 10 Station —$274.00 —$2,740.00 MONTHLY FEES: $5,995.35 TOTAL FEES FOR INITIAL TERM: $71,944.20 Terms Monthly Fees Commencement Date. Notwithstanding anything to the contrary in the Agreement,Monthly Fees will commence on the expiration of the term of the previous Order governing Software,SaaS or Services set forth in this Order(the"Monthly Fees Commencement Date"). The Initial Term will begin on the date of last signature below(the "Effective Date") and will end the number of months indicated above following the Monthly Fees Commencement Date(as defined in the Agreement).Discounted Fees are rounded to two decimal places for display purposes.As many as eight decimal places may be present in the actual price. The total Fees in this Order were calculated using the actual price,which are the true and binding totals for this Order. Additional Terms for this Order: • Order of Precedence.In the event of any inconsistency between this Order and any other portion of the Agreement(defined below),the terms and conditions of this Order will control. ® Insurance: ZOLL shall obtain and maintain throughout the term of this Agreement,at its own expense,cyber liability insurance with a minimum limit of liability of not less than one million dollars($1,000,000). ZOLL will provide a certificate of insurance evidencing such coverage upon Customer's request. ® Public Records.Customer is a public agency subject to Chapter 119,Florida Statutes.To the extent ZOLL is acting on behalf of Customer pursuant to Section 119.0701,Florida Statutes,ZOLL shall comply with all applicable public records laws as"contractor,"specifically to: * Keep and maintain public records required by the public agency to perform the service. * Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 0 Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public Page 1 of 2 ZOLL Proprietary and Confidential DocuSign Envelope ID:6D615F04-3BB8-4AFD-9114-129D29EA4257 Order Q-56168 agency,upon request from the public agency's custodian of public records,in a format that is compatible with the information technology systems of the public agency. QUESTIONSIF THE CONTRACTOR HAS I PUBLICOF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE , CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT Attorney's Office, 1111 1211 St., Suite , Key West FL 33040. • Non-appropriations. ZOLL acknowledges that Customer is a governmental entity, and payments under this Agreement are based upon the availability of public funding under its authority.In the event Customer fails to appropriate funds or make monies available,after making due efforts, for the subsequent fiscal year covered by the term of this Agreement for the Products and Services to be provided,Customer shall notify ZOLL prior to the start of such fiscal year and this Agreement shall be terminated on the last day of the fiscal year for which funds were appropriated or monies made available for such purposes without further liability for such fiscal year payment and such termination shall not be a breach of this Agreement. • Additional indemnification. In addition to ZOLL's indemnification obligations set forth in the Agreement, ZOLL will defend any action against Customer Parties (as defined in the Agreement) brought by a third party that is caused by ZOLL's material breach of the Business Associate Agreement and will indemnify and hold the Customer Parties harmless from those costs and damages finally awarded against the Customer Parties in any such action that are specifically attributable to such claim or those costs and damages agreed to by ZOLL in a monetary settlement of such action.The foregoing obligations are conditioned on Customer: (I)promptly notifying ZOLL in writing of such claim or action; (ll)giving ZOLL sole control of the defense thereof and any related settlement negotiations;and(III)cooperating with ZOLL and,at ZOLL's request and expense,assisting in such defense.ZOLL will not enter into any settlement that imposes any legal liability or financial obligation on Customer without Customer's prior written consent.Customer will have the right,at its option,to participate in the settlement or defense of the claim,with its own counsel and at its own expense. • Limitation of Liability. NEITHER ZOLL, NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,AGENTS, SERVICE PROVIDERS,SUPPLIERS OR LICENSORS,WILL BE LIABLE FOR LOSS OF PROFIT,DATA,BUSINESS OR GOODWILL,COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY OTHER INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE,EXEMPLARY,OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING OR ALLEGED. ZOLL'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ITS MATERIAL BREACH OF THE BUSINESS ASSOCIATE AGREEMENT,WHETHER IN CONTRACT,TORT OR OTHERWISE,WILL NOT EXCEED $1,000,000.00 USD,AND ZOLL'S TOTAL CUMULATIVE LIABILITY FOR ALL OTHER CLAIMS, DAMAGES OR LIABILITIES IN CONNECTION WITH THIS AGREEMENT OR AN ORDER,WHETHER IN CONTRACT,TORT OR OTHERWISE,WILL NOT EXCEED THE AMOUNT PAID TO ZOLL BY CUSTOMER FOR SOFTWARE, SAAS AND SERVICES PROVIDED UNDER THE APPLICABLE ORDER DURING THE'TWELVE(12)- MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZOLL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.CUSTOMER AGREES THAT THESE LIMITATIONS WILLAPPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY,EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. This Order is governed by and subject to the terms and conditions, including applicable addenda, available at https://www.zolidata.com/legal, and incorporated herein by reference,unless Customer and ZOLL Data Systems,Inc.have executed a written master agreement governing the Software, SaaS and Services listed above that expressly supersedes such terms and conditions(as applicable,the"Agreement").By signing below,(1)Customer represents and warrants it has read this Order and the applicable Agreement and agrees to such terms and conditions and (2)each person below represents and warrants that she or he has the authority to bind the party for which she or he is signing. ZOLL Data Systems, Inc. Monroe County Fire Rescue u 8`ri °5tnature: Authorized Signature: D9 D2A604C69d4D5... Nam.e. Sa ndvn'-d'y K......wi�.d. . . �w ...... ing Name Director of Operational Accounting Title: Title: 8 28 2023 . ...12. 5 POT ......... . ...,.. ��. Date: / / I Date: A owed as to fom and Legid sAdmcy Momoe Comy Af 's Office Ckisdw Cory,As4swa C Date; 8.21.23 Page 2 of 2 ZOLL Proprietary and Confidential P